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272628 �"�HITE - C�TV CLERK COUflC1I �~ ��%� PINK - FINANCE GITY OF SAINT PAUL '�� ` CANARY - DEPARTMENT � � �� BLUE - MAVOR File NO. C ,ncil Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, Acting pursuant to Section 60. 402 (f) of the Zoning Ordinance, the City Council h"as considered whether there i� un- certainty as to the zoning boundary of Lots 8, 9, 10 and 11, Block 29, Robertson and Van Et�tens Addition and had requested the recommendation of the Board of. Zoning Appeals as required by Section 60.402 (f) ; and WHEREAS, The Board of Zoning Appeals recommended that the Council determine that tl�ere �vas an error in the rezoning of the above property based�<on the following findings of fact: l. There is dosumentation which establishes beyond a reasonable doubt that Lots 8, 9, 10 and 11 of Block 29, Van Etten' s Addition was rezoned from residential to commercial in 1974. 2. The intent of that rezoning �aas for Lots 8, 9,- 10 and 11 to remain commercial. 3. An error was made in the 1975 comprehensive rezoning of the city-which changed Lots 8, 9, 10 and ��I1 to - RT-1.. � now, therefore, be it RESOLVED, That the Council hereby adopts the findings and recommendation of the Board of Zoning Appeals, and determines that the B-3 zoning classification shall apply to all of Biock 29, Robertson and Van Ettens Addition. COUNCILMEN Requested by Department of: Yeas Nays � Butler .�� [n Favor .•��t '1 Levine u __ Against BY Maddox Showalter Tedesco Form Approved by City Attorney Adopted by C cil: Date ��3 � Certifi assed ouncil Secretary � BY C t#pp v by 1+lavor: Date ��Q '� 6 19� Appr d by Mayor for Subm i to Council g gy � ,s%c5�---� �Lfst�D MAR 2 4 i979 . � �� j �� _��. CITY OF SAINT PAUL r�t�t' O e a�� DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT �uutum �e . �r m� �un o •,,° ^ DIVISION OF PLANNING �sn• 1�� 25 West Fourth Street,Saint Paul,Minnesota,55102 GEORGE LATIMER 612-298-4151 MAYOR March 8, 1979 Rose Mix, City Clerk 386 City Hall St. Paul , Minn. 55102 Dear Madam: Re: Zoning File No. 8393 - Ron Saxon Ford This is written in response to the application of Ron Saxon Ford for an inter- pretation of the zoning boundary of Lots 2 thru 7 and Lots 8 thru 11 , of Block 29, Robertson & Van �tten's Addition, located on the south side of Sherburne between Galtier and Marion. In 1975, Lots 2 thru 7 were zoned B-3 and Lots 8 thru 11 were zoned RT-1 . It was Ron Saxon Ford's position that in consideration of the fact that the City Council rezoned Lots 8 thru 11 from C-Residence to Commercial in January of 1974, an error was made in 1975 in rezoning those lots back to a residential classification. This matter was heard before the Board of Zoning Appeals on December 19, 1978. There was no one in opposition and two people spoke in favor. The District 7 Planning Council submitted a letter in support. Based on the City Attorney's opinion, it was Staff's position that althaugh it appeared an error had been made, that because the two years allowed for the City Council to correct any errors in the 1975 Zoning Ordinance had expired on October 25, 1977, the only method of rezoning the subject property was the consent form petition. Following public testimony, the Board of Zoning Appeals found that documentation established beyond a reasonable doubt that an error had been made in the 1975 comprehensive rezoning and recommended to the City Council (resolution attached) that the zoning boundary line should be changed to include all of Block 29, Van Etten's Addition, within the B-3 zoning district. City Council will consider this matter on March 13, 1979. Sincerely, ��E�`^}' VIA�I.�.a. Donna F. McNeall Y City Planner DFM/gf Encs. n �� r Q -. � r_ . • . �_i: � i i ` � .., city of saint paul board of zoning appeais resolution zoning file number 83g3 : date JanuarY 2, 197g WHEREAS, Ron Saxon Ford has applied for a determination of a zoning boundary line as provided in Section 60.402(f) of the Saint Paul Legislative Code, and WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on December 19, 1978 pursuant to said determination in accordance with the requirements of Section 64.203a of the Legislative Code, and WHEREAS, the Saint Paul Board of Zoning Appeals, based upon evidence presented at the public hearing, as reflected in the minutes attached hereto as Exhibit A, made the following findings of fact: l . There is documentation which establishes beyond a reasonable doubt that Lots 8, 9, 10 and 11 of Biock 29, Van Etten's Addition was � rezoned from residential to commercial in 1974�. 2. The intent of that rezoning was for Lots 8, 9, 10 and 11 to remain commercial . � 3. An error was made in the 1975 comprehensive rezoning of the city which changed Lots 8, 9, 10 and 11� to RT-7 . ' PIOW, TNEREFORE, BE IT RESQLVED, by the Saint Paul Board of Zoning Appeals that a recommendation be made to the City Council that the zoning boundary line is in error and that it be changed to include all of Block 29, Van Etten's Addition within the B-3 zoning district. Grais Decisions of the Board of Zoning CY�OVed b}/ Appeals are final subject to appeal seconded b Peterson to the City Council within 30 days y -- by anyone affected by the decision. i n favor 5 agai��t � • � .' . ., . - �f�� i i � �j J: - . "' MINUTES OF THE BOARD OF ZONING ARPEALS IN CITY COUNCIL � ' CNAMBERS, ST. PAUL, MINNESOTA, DECE�18ER 19, 1978 PRESENT: Ms. Morton, P�essrs. Parrish, Peterson, Grais and 4Joods of the Board of Zoning Appeals; h1r. Jerome Segal , Assistant City Attorney; Mr. Richard Amey of the Division of Housing & Building Code Enforcement; Mmes. �4cNeally and Fox and Messrs. Warn and Jung of the Planning Staff. ABSENT: Zachary, Summers The meeting was chaired by Gladys Morton, the Chairman. . RON SAXON :FORD (#8393) : A request for determination of the zoning boundary line on property ocate on the south side of Sherburne between Galtier and Marion. The applicant 4�as present. There was no opposition present at the hearing, Ms. McNeally showed slides of the subject site and reviewed her staff report with a staff recorranendation that the Committee find that the subject boundary line does indeed run between Lots 2-7 g 8-11 ,� and added Finding #7 relating to �60.402(a). Mr. Parrish inquired whether �he RT-1 zoning prohibits commercial use, and Ms. McNeally said it does, that RT-1 is strictly residential ; however, Ron Saxon Ford could continue the legal nonconforming use for storage of cars, but could not expand it. _ � Mr. Parrish asked if any contention had been made of ;that use in the previous year when the property had been zoned commercial , and Ms. McP�eally said it would appear this could have been an error made in the 1975 rezoning of the city; however, the two-year period for correct�on has expired. Mr. WiTliam Fink, Attorney with offices at 301 Midwest Federal _Building, represented Ron Saxon Ford, and said the property was zoned commercial in 1974; in 19�5 through error it was inadvertently zoned residential . He s�id it was zoned commercial because it was in the interests of Ron Saxon Ford to maintain a Ford Agency in St. Paul , and also to the interests of the city to keep a Ford Agency in St. Paul . He said Ron Saxon has maintained its agency here and has paid substantial real estate taxes. He said Ron Saxon has invested a substantial amount of money, relying on the fact ' that the property was zoned cotr�nercial . By zoning back to a residential zoning, a substantial value has been taken away from the property. He said that a property once zoned commercial cannot be changed back to residential if the owner abjects. � He then discussed the boundary lines, and said that in 1974 the established boundary was corr�nercial , but in 1975 the same bod,y said it was residential . He said a � reasonable anticipation exists that there must be some error. He said this was a simple mistake because there was a comprehensive rezoning and the Board of Zoning � Appeals has the right to make a recommendation to the City Council to maintain the commercial zoning. Mr. Segal said that if properly zoned an� developed in a certain way pursuant to the existing zoning, a rezoning will not take away the right to use the praperty in the way it has been developed. He disagreed with Mr. Fink that the city is not allowed to rezone property without the consent of the owner. Ne said the authority of the City Council to interpret boundary lines is not based on a mistake in rezoning. The fact of whether or not there was a mistake is not material to the question before the Board of Zoning Appeals. The question is whether, due to scale, detail - or lack of legibility, there is uncert�inty about the locati,on of the zoning line. t,., f' - w - �:• r� J . '� • RON SAXON FORD MINUTES PAGE 2 Mr. Parrish asked if Mr. Saxon, at the time this rezoning took place, had been advised of it prior to the rezoning or afterward. Mr. Ron Saxon, 225 University Avenue, the appellant, said the city changed the zoning, and an agreement was made with him and with the City Council , contingent upon the fact that he would use the property for parking for five years. It was zoned corr�nercial with this thought of a five-year period for parking, and at the end of that time it was unrestricted comnercial zoning. Mr. Saxon presented a document of •record, signed by him, by neighbors, by the City of Saint Paul , and by the Ford Motor Company. He said that when he talked with the Thomas/Dale group to tell them the negative easement was due to be eliminated in 1979, he was informed that they had just been told that this was not a valid agreement. Mr. Saxon expressed his amazement at this turn of events. He said he had been under the impression that the boundary line became the south side of Sherburne Avenue in that block. He then presented the document to Mr. Segal . Ms. t�lcNeally asked Mr. Segal if the document was the "Declaration of Restrictions" and he said it was. Mr. Saxon said his impression was that the zoning would remain commercial from 1974 and from that point forward, and the Ford Motor Company also believed this. Ne said he was told the agreement finalized the zoning of that block, but the Thomas/Dale group informed hi m he had a problem. Mr. Segal asked Mr. Saxon if he understood that he could continue using the proper�y for parking and there is no problem as long as that use continues. - Mr. Fink said Ron Saxon Ford intends to put up a structure, and their franchise may be in jeopardy if it is not zoned corr�nercial . Mr. Saxon agreed- that he had problems with the Ford Motor Company. Mr. Fink explained that the Ford Motor Company wants a person to own a certain amount of land in order to maintain an agency and that one lot is not enough. He said that Ron Saxon Ford has also acquired some property to the east of this block. Ms. Morton asked Mr. Saxon if he should not be making a request for rezoning so that the 4 lots could be zoned corranercial , and Mr. Saxon said he believed he had already done that. He did not deem it logical for him to have to go out and obtain signatures considering his agreement with Ford Motor Company and with the City of Saint Paul . He said he would have a hard time telling Ford Motor Company that he is not on a cammercial piece of land. He added that there is no objection in his neighborhood and he explained his good relationship with his neiqhbors. He said his problem with Ford Motor Company is that he does not have complete steerage of his ship. Ms. McNeally asked Mr. Saxon if he would have any problems obtaining the signatures for rezoning and Mr. Saxon said he had an ordinance it took him over a year to get passed. Ms. McP�eally then said the Board of Zoning Appeals is in an awkward position because the two-year periad has expired durjng which corrections to the ordinance should have accurred. � � Mr. Fink said that it was their position that.they have a conforming use, that the zoning is commercial , was zoned commercial , will remain commercial , and the vested interest of Ron Saxon Ford cannot be taken away when the owner objects. Ms. Morton inquired as to when Mr. Saxon had become aware of"the fact that his property was not zoned commercial , and he said the Thomas/Dale group had told him within the last 30 to 75 days. Mr. Parrish said, °In effect, there was no way for you to comply with this two-year . - . . � �: . yi KF, ' T. ! � ,r . '} / RON SAXON FORD MINUTES PAGE 3 requirement of going to the City Council?" Mr. Saxon said, "We would have done whatever was proper, but we did not know.° Mr. Fink said that because of the conflict of the two ordinances, the Board of Zoning Appeals could recommend to the City Council . Ms. Sandy Morris af the Thomas/Dale Planning Council said it was originally the intent of her group for the property to be zoned for use for parking by Ron Sa�con Ford. She said she had no idea someone would zone it residential when the new ordinance came in. Ms. McNeally asked �1s. Morris if the intent of the Thomas/Dale group had also been for expansion of the building, or was it just for parking. Ms. Morris said at that time they had indicated the intent was for parking. Mr. Saxon has been trying to find a way to expand, she said, and the only way he can go is west because he has run out of options. Mr. Adolf Tobler, treasurer of 7homas/Dale Planning Council , said the problem goes back a long time. He said his group has excellent relations with Ron Saxon Ford and whenever ' Ron Saxon has any plans involving the area, he contacts the Thomas/Dale Planning Council . He said his group wants to keep the Ron Saxon Ford people in the community. There is a payroll of about 70 people, and� they do not want to lose such good neighbors as Ron Saxon because he has an interest in the community. He said the fact that an errar was made is not a problem Ron Saxon shauld be saddled wi�h. He asked that .conditions be permitted to remain as they are and when Mr. Saxon wants to make changes, his group . will cooperate. . Ms. McNeally read a letter into the record from William Johnson of the District 7 Planning Council in support of Ron Saxon Ford. � There being no further testimony, Ms. Morton closed the public hearing. Mr. Parrish asked a question of Mr. Segal -- within the area where ,the Board has authority, could the Board say that these zoning lines as they appear are in error, or how far can the Board go? - Mr. Segal said the authority of the Board to determine the boundary line is set out in the section of the ordinance quoted in the s�aff report. If the Board finds the boundary is uncertain and may be located some place south of the alley line, the Board would have to make that finding based either on the scale, or lack of detail , etc. Mr. Parrish said, in view of the documentation which establishes beyond any reasonable doubt� that-Lo�s- 5-11 were-rezoned tor�corr�nercial in �'t974-and-that an e�^rar�was macie=�in the zoning boundary in 1975 when Lots 8, 9, �10 and ll were zorred-RT�1 , that the 8oard recomrnend-ta-the��ity Councifi that -the B-3 zoning boundary be co"rrected to follow � Sherburne' Ave:�from Gal ti er to P�ari on�and thereby i nc1 ude Lots��8, 9, 10 and 11 i n the B-3 zoni ng di stY��ct. - - . Mr. Parrish's motion was seconded by Mr. Grais and passed on a 5 to 0 roll call vote. Submitted by: Approved by: � ��-� C^ ��'�' � /!�G�di%2`7c.� � Donna F. McNeally � Gladys Mo ton, Chairman - � <� �,� � , l, �` . Councilman Levine Page Two October 25, 1978 situation here, but if it appears to be so, the Council may ' resolve the exact boundary location of the zoning district. If you need any additional infarmation, please notify me. Yours\very truly, , � /! , �� ' ,. � _ �" y i� ,j✓ JEROME' J: SE� ` � - Assistant City Attorney JJS:cg cc: Mayor Latimer Gouncil Members James J. Bellus, City Planning Edward Warn, City_ Planning � � Donna McNeally, City Planning �� , � Council P'fle No,^2B3031-4rdiaance No. , 15569—By Leonard W. Levine— � �An ordinance amending the Zoning . . � Code, Chapters 60 to 64,-inclusive, of � � the Saint Paul Legislative Code, per- taSning to Use Districts, Height. Dis- tricts and Rezoning of.certain proper- . ties in the City of Saint Paul, as � • amended. The Council of the City of Saint Paul Does Ordaln _.-.. j � SECITON i� - . < That the Zoau�g Code, Chapters�60 ' _ to 64,inclusive,a2 the Safnt Paul Legis- i � lative Code,�ertaining to:Use DistriCts, , Height Districts and Rezoning oP cer- tain properties in the City of Saint Paul, as amended, �e and the same is _ hereby Eurther amended so as to rezone r � the following described property from "C" Residence District to Commercial, to-wit: Lots 8, 9, 10, and 11, Block 29, , r. Robertson snd Van Ettens Addition; � ` , �situate on property located on the soiath side of Sherburne between Gal- �tier and Marion in the City of Saint FPauL � SECTION 2 _ ' � This ordinance shall take effect and . be in force thirty (30) days £roxq and . • after fts passage,approval and publica- . 1ion. • ` Adopted'by ttie Councii Feb;uary 20,I . 1974. ..: , .� Yeas—Counciimen Butler,: �teredith, Roedler. Tedesco, Mme.. President (Iiunt)--5...-...,: _ _ . ' Nays-0. . . � • . AParoved February 21, 1874. • . LAWR.ENCE�D.QOHF�T, � Mayor. , -. ,Y �`('Febru$ry 23 187�) � ... .�. " �r.a ..-.;hY+3H. �a .>.F�� . . . . ' ' � � �� \ ♦ s ,y ,f . _ .Y fy � ` � , � � t � . ;: ,.,.� . .,..';. >: t _ _ _ • h �-� ' f• �r` ��: : , !"t ', � � � - ! � e *�:��:,, : - �-.,:;�f,�Y; �� '��T _ =�,:L�.; .f��:l — - . . ► � . i� � �- � ' � • � � . ; � � . � � • � � � :.: r . �..� , �, • � � ..; �:;� � .� � � ��. �� r�,. .� � � � r " � .....� : � rt � w r 1 • � , � � '� �� . � � , . - ��'� ��/i �7� y , . . -� _ � � . � , THOMAS - DALEIDISTRICT 7 PLANNING COUNCIL, INC. � � '10'10 University Avenue�St. Paul, Minnesota 55104�2�e - 5068 � � December 15, 1978 Boa�d of Zoning Appeals . 15 West Kellogg Boulvard St. Paul, Minnesota 55102 Dear Sirs: The District ? Planning Council has supported the zoning that would allow Ron Saxon Ford to use the rear of bZock 124 for parking. � Attached are copies of letters and information pertinent to the rezoning action of 1974 which changed the zoning from residential to convnercial to allow parking. Sincerely, . ��C/..,C��-�1:'� ti^'' William Johnso � �_ , 1 ,�� ,*Y o, , CITY OF SAINT PAUL . � DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT o � �� '- ^�' DIVISION OF PLANNING �,� 421 Wabasha Street,Saint Paul,Minnesota,55702 612-298-4151 George latimer M�yo� November 28, 1978 ' `� Councilman Leonard W. Levine 7th floor City Hall . �'- Saint Paul , Minnesota 55102 Dear Councilman Levine: . In accordance with your letter of November 21 , 1978, I have instructed the Zoning staff to initiate a zoning file pursuant � to Section 60.402(f) of the Zoning Ordinance. The purpose of this file will be to determine the location of the zoning district boundary line in the vicinity of University, Marion, Sherburne and Galtier (Ron Saxon Ford). The Zoning staff will schedule this matter �for public hearing before the Board of Zoning Appeals on December 19, 1978. Notices of this public hearing will be sent to all property owners within 35U feet on December 8, 1978. Sincerely, r �� <. . es J. Bel� - Planning Administrator JJB/gf cc: William W. Fink , ��y n � y � �.�*} '� � � 393 R.7��1+'�� SI._ -i�;� y i �S��w .� . . ��'3 ry . ' �� L�� ; . � w� y '� CITY OF SAINT PAUL �, . - ;�� , OP`FICF OF 'rHE CZTY COIINCIL �+� xuert�e,t.• ��a�4�'vuasan:: . M nia)P�.['[�j Wj' t�1 �S_-:.\° }` (� . 3�� „ � � I[i,,�++ � U �l l t�l �� y� S �•O�IJ lfC� '��'� . LEONARD W. LEVINE �� ,��,�j�� Councilman Snint Frn? R�7�nneqotu November 21 , 1978 ,. Mr. James Bellus City Planning � 421 North Wabasha St. Paul , Minnesota 55102 Dear Jim: Some weeks ago I forwarded to the City Rttorney a request from representatives of Saxon Ford, 225 University, " in which they inquired about the zoning status of property they own immediately north of their present address. The City Attorney informed them tfaat unless an error had� been made, the only means available to them to change this zoning is through a consent petition process. As a follow-up to this, I received the enclosed letter from Mr. William Fink in which he asks the Board of Zoning to investigate this matter. Accordingly, I would appreciate your having this matter referred to the Board of Zoning and an inquiry made. If you have any questions or coininents , feel -free �to call . Si ly, LEONARD W. LEVINE Councilman City of St. Paul Encl. cc: Woi 1Saxoni � �� $ �. `� �� ' �� 3 i am F n k �� .�,�. , �, . CITY HALL SEVENTH FLOOR SAINT PAUL,, MINNESOTA 55102 612/29$-4d73 .'�"��---'�ss ` ' t. Te�enHOr+e � l612)224-49/1 E � • � WILLIAM W. FWK ATTORNEY AT LAW � � 301 MIDWEST FEDERAL BLDG. 50 EAST F�FTH ST. ST. PAUL, MItVNESOTA 5510t November 16, 1978 Councilman Leonard Levine , , Room 71S City Hall St. Paul , M�nnesota 551�2 � • Dear Councilnan Levine: In regard to Lots 8, 9, 10 & 11 , Block 29, City Map, Block r , 124 for Lots 1 , 2, 3, 4, 5, 6, & 7. �; You wi11 recall that prior to the Comprehensive Zoning Ordinance of 1975 this property was zoned commercial . Under the Comprehensive Zoning Ordinance the property v�as classified as RT-1 , � The Comprehensive Zoning has established a boundary in the middle of thp 61ock running parallel to University Avenue and to � Sherburn Av�nue. � � The boundary line separating zoning districts is not well defined an� its exact location is uncertain. � Under those circumstances 4�e do respectfully request a council to determine the exact boundary lines following the receipt of the review and recorr�nendation of the 8oard of Zoning Appeals. This is in accordance with Sec. 60-402(F) of the zoning ordinance. � A terrible injustice has been done to the R. & P�. Corporation. I am sure the city council never intended to change the zoning from commercial to residential . It never intended to establish the zoning through the middle of a block. 4!e would like to have the city council establish the exact zoning as commercial . Sincerely, __. - --_._ _ _ . ._. . � ��lilliam lJ. Fink � Attorney for R & C! Corporation tJWF:sr`' cc: Ron Saxon �� C��'i��►► ��.� � -; Y _ . ��" CtTY OF SAINT PAUL � _'`"`��T� °��°�. . °��` °��'. � - ';o ,� ��; OFFtCE OF THE CITY ATTORNEY :� aui.nm .� ;� �n� ru n �� :• ^= SUZANNE E. FLINSCH, ClTY ATTORNfY `^�„ '•�• 647 City Hall,Saint Paul,Minnesota 55102 � tnn�w....��``` GEORGE LATIMER b�2-298-5171 MAYOR October 25, 1978 Councilman Leonard Levine . � Room 718 City Hall � Saint Paul, Minnesota 55102 ' Dear Councilman Levine: Your letter dated October 13, 1978 addressed to the City Attorney requests advice as to what alternative procedures might be avail- able to Saxon Ford so that they can use property that they own immediately north of University Avenue for commercial purposes. In 1974 this property was rezoned from C Residence to Commercial, and the Comprehensive Zoning Ordinance of 1975 has classified the property as RT-1. You stated that this is obviously an over- sight on the part of the City Council. You are also aware of the fact that the two-year period provided by the State legislature to rezone lots affected by the new ordinance without the need of . a consent petition has expired. � I have previously discussed this with the staff of the Department of Planning and Economic Development and have researched the matter with them. It is my opinion that a consent petition is the only method by which the property may now be classified or zoned for commercial purposes. As you stated, the StatE. legislation allow- ing the City Council to correct errors in the new Comprehensive Zoning has expired beeause of the two year limitation. However, the City Council may wish to consider requesting the legislature to extend this law by means of a ne`a State act that could be adopted in the 1979 Legislative session. � In some situations the boundary line separating zoning districts is not well defined or its exact location uncertain, and in such situations the Council may determine the exact boundary location following the receipt of the review and recommendation of the Board of Zoning Appeals. This provision is contained in Section 60. 402 (f) of the Zoning Ordinances. I don't know if this is the � � e� �`"a � "' e':.. t.. :-.� ' �$ � '�t `�m� it Y a t�s�a, —�,.._...,r� `�°� � � . - . ,� 393 ZONING STAFF REPORT�� , . >` r l � 7582 ' . l . APPLICANT: RON,SAXON FORD � DATE OF HEARING: �,/ 2. . . . . . . . . . . . . . . CLASSIFICATION . . . . . . . . . . . . . . . CURRENT PLANNING & ZONING COMMITTEE BOARD OF ZONING APPEALS Rezom ng ❑ Variance ❑ Special Condition Use ❑ Administrative Review ❑ Determination of Similar Use ❑ Other Determinati�n_r�nnin� Change of Nonconforming Use ❑ Boundary Line Other � ❑ - 3. LOCATION: South side of Sherburne between Galtier and Marion 4. LEGAL D�SCRIPTION: Lots 8-9-10-11 , Block 29, Robertson & Van Etten's Addition 5. PRESENT ZONING: RT-1 and B-3 ZONING CQDE REFERENCE: 60.402(f) 6. STAFF INVESTIGATION & REPORT: DATE 12-12-78 BY Donna F. McNeally ------------------------------------------------------------------------------------------------ A. PURPOSE: The applicant has requested an interpretation of �he zoning boundary of Lots 2 thru 7 and Lots 8 thru 11 of Block 29, Robertson & Van Etten's Addition. Lots 2 thru 7 , are zoned B-3. Lots 8 thru 11 are zoned RT-1 . B. HISTORY: In January 1974 the City Council rezoned Lots 8 thru 11 from C Residence to Cammercial . At that time an agreement was made N�ith the adjacent neighbors and a Document of Restriction was subsequently filed on April 11 , 1974 restricting the use of Lots 8 thru 11 to off-street parking of "motor vehicles owned or operated by Ron Saxon Ford, its customers and employees." C. FRONTAGE AND AREA: This corner site has 200 ft. frontage on Sherburne and 127.75 ft. frontage on Marion, for a total area of 25,550 sq. ft. - D. SITE CONDITIONS: This fenced site is currently used for outdoor storage for Ron Saxon Ford adjacent to the south. Abutting to the north, east and west is a mixture of residential use. E. AREA CONDITIONS: The area is characterized by coi�urr�.rcial use fronting an University and residential use fronting on Sherburne. � ' ' F. ZONING DISTRICT BOUNDARY INTERPRETATION: Section 60.402(f) states: "Where unzoned property may exist, or where, due to the scale, lack of detail , :. or illegibility of the Zoning Map, there is any uncertainty, contradiction, or confliction as to the intended location of any district boundaries shown thereon, interpretation concerning the exact location of the district boundary lines shall be determined by the Ci,ty Council , upon written application, or upon the Council 's own motion following review and recommendation by the Board of Zoning Appeals." In this case Ron Saxon Ford (R & N Corp. ) has made written application for an interpre- tation of the zoning boundary. G. FINDINGS: � 1 . The subject property was zoned C Residence under the 1922 zoning ordinance. 2. The subject property was re2oned in January 1974 to Commercial to provide off-street parking for Ron Saxon Ford. 3. In 1975 the new zoning ordinance recognized Lots 2 thru 7 as commercial and zoned them B-3; Lots 8 thru li , ho;rever, w�re zoned RT-; . 4. With the exception of Lot 7 (the southeast corner of Sherburne & Galtier) , the zoning boundary line splits the block from University to Sherburne at the a11ey line, with residential use to the north on Sherburne and business use to the south on University. This pattern is consistent with few exceptions for the length of University Avenue. 5. The subject lots are currently used for storage of cars of Ron Saxon Ford, a legal � nonconforrii ng use. 6. In this case the zoning boundary line appears to be clear-cut and without need of further interpretation. - 1,._r � � . >` , `,. , , PON SAXON FORD Staff Report Page 2 H. STAFF RECOMt�1ENDATION: Based on Findings 4 and 6, Staff recommends that the Committee find that the subject boundary line does indeed run between Lots 2 thru 7 and Lots 8 thru 11 ; Lots 2 thru 7 being B-3 and Lots 8 thru ll being RT-1 . I. OTHER CONSIDERATIONS: Lav�s Of A1innesota, 1975, Chapter 261 allowed for the City Council to correct ,any errors in the new comprehensive Zoning Ordinance for a period of two ,years after its adoption; that two years expired on October 25, 1977. The only method for rezoning the subject property appears to be the Consent Form Petition. ._ . . ._1_J w (..1�. . :----� .L.�1 ; � � �__l__1� . . . - . _ .__ _. _.__ . _.. __._____. __.________�,� _.__�._Y.�.__�. . � � — � � � � � � o � �� ,�� - ° � _ . . � � � , � . 1 a � i I .�. O . -- - (r � - -- � � v � , _ , O O � 0 t � � 00 � ��O �" � � �� O � � O � � V � � � . 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ZU8 9 6 9 � . 12 � ' .. � �: t2 - . ,t ,' .. .. � • � -- . ,� �., .:.,.�...::.�_.�, __�._._,,.�__ • . - — _ � - - - - � . - AREA MAP � APPLICANT RON SAXON FORD LEGEND "— � ZONtNG DISTRiCT BOUN'DARY PURPOSE Admi ni strati ve Revi ew: � SUBJECT PROPERTY �� Determi nati on of Zoni ng Boundary O ONE FAMILY PLANNING � i nP DISTRICT 8393 �' TWO FAMiLY FILE N0. • - DATE 12-19-78 ��'0 MULTiPLE FAMILY • � n COMMERCIAL SCALE : I��= 200' . NORTH � ��' �NDUSTRIAL MAP N0. SAiNT PAUL PLANNING 80AR0 ' V VACANT � ; _ � _ . � � � i .