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274233 WHITE - CITV CLERK PINK - FINANCE GITY OF SAINT PAITL Council ('] CANpR` -DEPARTMENT File � NO. ��"�� BLUE +- MAVOR � • n�nce Ordinance N 0.�� Presented By Referred To Committee: Date Out of Committee By Date An Ordinance amending Chapter 60 of the St. Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof. WHEREAS, Pursuant to Minnesota Statutes, � 462.357 and $ 64.210 0� the Legislative Codey Laurence O'Connell duly petitioned to rezone the south 21. 90 ft. of Lot 1 and the south 21. 90 ft. of the east 15 ft. of Lot 2, also, Ex. N. 72 ft. and ex. S 21. 90 ft; Lot 1 and N. 21. 6 ft. of S. 43.5 ft. of E. 15 ft. of Lot 2, all in Block 1, Michel' s Sub. of Block 14 of Stinson's Div. of NW 4 of Sec. 36-29-23, located on Mackubin north of University from RT-1 to P-1 for the purpose of providing off-street parking for the Clover Club located at the northeast corner of University and Mackubin, the petition having been certified by the Department of Finance and Management Services on September 4, 1979 as having been con- sented to by at least 670 of the owners of the area of the property to be rezoned, and further, having been consented to by at least two-thirds of the owners of the property si�uated within 100 feet of the total contiguous descriptions of real„• estate held by the same owner or any party purcnasing a.ny such contiguous property j within one year preceding the date of the petition; and WHEREAS, The current planning committee on October 18, 1979 conducted a public hearing for the purpose of considering the re- zoning petition, and, pursuant to Section 107. 03 of the Administra- tive Code, submitted its recommendation to the Planning Commission that the petition be granted; and WHEREAS, The Planning Commission considered the rezoning petition at its meeting held on October 26, 1979 and recommended that the City Council approve the petition; and COUIVCILMEN Requested by Department of: Yeas Nays Butler In Favor Hozza Hunt Levine Against BY Maddox Showalter Tedesco Form Approve by ity Att ney Adopted by Council: Date Certified Passed by Council Secretary BY By � � Approved by Mayor: Date Approved by Mayor for Submission to Council r By By � WHITE - CITY CLERK PINK - FINANCE .COUI1C11 CANARY - DEPARTMENT �" �� Bwe -=MAVOR GITY OF SAINT PAUL File NO. � � OY��LZIZG�IZCP. Ordinance NO. '� � Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, Notice of a public hearing before the City Council on the said rezoning petition was duly published in the official newspaper of the City on November 24, 1979 and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet of the property sought to be re- zoned; and WHEREAS, A public hearing before the City Council, having been conducted on December 4, 1979 where all interested persons were heard, and the Council having considered all the facts and recom- mendations concerning the petition; now, therefore, THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l. That the zoning map of the City of Saint Paul, Sheet No. 20, as incorporated by reference in Section 60. 401 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That property located on N�ackubin north of University, being more particularly described as the south 21. 90 ft. of Lot 1 and the south 21.90 ft. of the east 15 ft. of Lot 2, also, Ex. N 72 ft. and ex. S 21. 90 ft; Lot 1 and N. 21. 6 ft. of S. 43. 5 ft. of E. 15 ft. of Lot 2, all in Block 1, Michel' s Sub. of Block 14 of Stinson's Div. of NW 4 of Sec. 36-29-23, be and is hereby rezoned from RT-1 to P-1. Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. -2- COUNCILMEIV Requested by Department of: Yeas Nays � . �P ;��. Hozza In Favor Hunt i� Levine Against BY Maddox Showalt Ted o � Form Approved by City Attorn Adopted Council• Date "F;�: �, �; '�� Cer ' ied P ed by Co ncil Secretary BY � O `;�?�!� Approved ayor: Date ��+�� - � Approved by Mayor or Submission to Council By ,1�� By ��n� :��-r - rS ^�tfl ,a, [_�' G � , � �� + '�F'lS�� . . C17Y t�� ST. PAL�L "' D�PAR7M'�V7 OF �1^JAN�E A�D MAt�IAGfMF�{T S�RVECFS �;��C--� ASSFSS'Nfi�T UiVI510V �a 5�'�»�� ;" 113 Ci7Y HAII Si.PAUI,MIN\E507A ii103 November 16, 1979 City Clerk 386 City Hall Fi.le �{2375 Page 1 Zoning File 852�+ The Council of the City of St. Paul will hold a public hearing in the Council Cha�bers of the City Hall and Court House (third floor) at � 10:00 a.n. on December 4, 1979 on the: Petition of Laurence 0'Connell to rezone from an RT-1 district to a p-l� clistrict the property at ��+97-�+99 P4ackubin on the west side of Mackubin- between University and Sherburne legally described as follows: the sauth 21.90 ft. of Lot 1 and the south 21.g0 ft. of the east 15 ft. of i,ot 2, also, Ex. N. 72 ft: and � ex. S 21.90 ft; Lot 1 and N. 21.6 f't. of S. �+3..5 f't. of E. 15 ft. of I,ot 2, all in Block l, Michel's Sub. of Block l�+ of Stinson's Div. of 1�IW � of Sec. 3b-29-23. If you w�ould like further inforeiation about this hearing, co;�tact the Curre�' Plannino Section of the Planning Board, Rm: 1202 City fta11 A*�c�ex�298-4I54. W!zile the City Charter requires that we notify you of the hearing, we want to help you te learn fu11y about any improvement that could affect you or your - co��eity. Ther�fore, I sincerely hope you .can attend this heari.ng, so that you can r�ake your views about it known to the City Council, whether for or against. � . � "� J. WILLIAM D0�10VAPT � VALUATIO�I AND ASSESS�iEi3T E�GINEt� . � � � � � -�-:� ��a ,, 'W ;,'Y,�:...,:��:F.... ��.) `,��= o, � � CITY OF SAINT PAUL ^A06 e7 . �; � DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT � uu�ini� , ,�� uu 1 tl t1 � %• ^ DIVISION OF PLANNING '�I""�� 25 West Fourth Street,Saint Paul,Minnesota,55102 GEORGE LATIMER 612-298-4151 MAYOR November 28, 1979 Rose Mix, City Clerk Room 386 City Hall St. Paul , Minnesota 55102 RE: Laurence 0'Connell - Zoning File #8524 Dear Madam: This is written in response to the petition of Laurence 0'Connell to rezone from RT-1 (one and two-family residential ) to P-1 (Parking) property located on Mackubin north of University to provide off-street parking for the Clover Club at the northeast corner of University and Mackubin. The Current Planning and Zoning Corr�nittee held a public hearing on this matter on October 18, 1979. Two letters were received in support; one from District 7. Three persons spoke in opposition; major concerns were increased traffic and speeding in the alley. The Comnittee recommended on a vote of 4 to 2 to recom- mend approval . The Planning Corrnnission, on October 26, 1979, voted to recommend approvat on a vote of 15 to 1 . On November 27, 1979, the Board of Zoning Appeals heard the application of Mr. 0'Connell for variances of the minimum lot size and front and setback require- ments for the proposed lot. Two people spoke in opposition; Mr. 0'Connell presented petitions in support from adjacent property. The Board a proved the variances on a vote of 7-0. These variances are contingent upon (1� rezoning to P-1 (2) access from Mackubin only (3) secured concrete barrier along the alley. This matter is scheduled for public hearing before the City Council on December 4, 1979. Sincerely, � � onna F. McNeally Planner DFM/cc Enc. n ' ' �� _ ROLL CALL VOTE - PLA��NING COh1f�lISSION , � ��,:.1� ,,, � -� ��, DATE �'C� c�,� �� W ;�„a > N n�-1� -� n, —�-�-� —' � �`'�� o`��' '��_�� - ,� �' �,� �',.�3 c.� �� `-� � � � S ,��= �t� 1 � � 1 2 3 4 5 6 YES NO A* YES NO A* YES NO A* YES NO A* YES NO A* YES NO A* ANDERSOiV ARMSTEAD " '/ " � BRYA�J � � COCHRANE FITzGIB60N � � � � GFZA I S •�' ✓ �/ �'/ ( HAP�GG I � � HUBER :✓ � `� ✓ HYO�KE .� ✓ �/ ( " � ✓ , KARIVS ../ v v LANEGRriPI :.r � � J ✓ LEVY L � � i McDOivELL J � ✓ J � � , McGIPJLEY . NELSON J r NORTON ✓ PANGAL SUi�1MERS �� ✓ " TAYLOR � � 'TOBLER `� " VAN HOEF � v TOTALS l3 - � i� ► I l'� _ - � -- ( -- ( �' _ Moti On 1 �2��,., - � Moti on 4 /?T r 17 c-�� ,� _ ��-�: ", Moti on 2 , _ -� hloti on 5 , ..� - _ P4otion 3 �,,. ,, Motion 6 , � � � ` ^ ',�. _. .. _._____... . ,�= ,. _- . ' � ), ' _ ,��.�:- ••�„„�, ; . ?'�O' ..._..,.� �; CITY OF SAINT PAUL r�+ , +� `;��`�,�"�6 INTERDEPARTMENTAL MEMORANDUM '�'""'�-�'-� �: F.�dward FTarn PID, Planning Division llth Floor City Hall Annex St. Paul, N�I 55102 FRQM: Robert H. Roettger City Traffic Engineer Public Works Dept., Traffic Division 8th Floor City Hall Annex St. Paul, NAT 55102 DATE: October 23, 1979 �'�..: RE: Clover Club Rezoning (Alley bounded by Kent Street, Mackubin Street, Sherburne Avenue, and University Avenue) . It is the policy of the City to i.nstall 10 mile per hour si.gns in alleys when the residents or an individual pays a percentage of the installation costs. Tf�ere is, as you may kncFa, a general city ordinance stating that the speed limit in all alleys is 10 miles per hour. Attachec� is a policy staterrent on the matter. P.EiR:oed Attactanent , . " �� k q� / . li.�i ;a�,C..sS �''1� MINUTES OF THE CURRENT PLANNING AND ZONING COMMITTEE MEETING "� °'��-� IN CITY COUNCIL CHAMBERS, ST. PAUL, MINNESOTA, ON OCTOBER 18, 1979 PRESENT: Mmes. Karns , McGinley and Summers; Messrs. Bryan, Lanegran, Levy, and Pangal of the Current P,lanning and Zoning Committee; Mr. Jerome Segal , Assistant City Attorney; Ms. Wendy Lane and Mr. Richard Amey of the Division of Housing and Building Code Enforcement; Mmes. Brown and .Hanson; and Mr. Ed Warn of the Planning Division staff. � ABSENT: None �� r` The meeting was chaired by James Bryan, Chairma�n. LAURENCE 0'CONNELL (#8524) : A request to rezone to P-1 the property located on the west si e o Mac u in between University and Sherburne for off-street parking for an 8-plex and the Clover Club. � � The applicant was present. There was opposition oresent at the hearing. P�r. Warn showed slides of the site and reviewed the staff report recommending approval of the rezoning request. Two letters were received in support of the rezoning request, one from a homeowner at 507 Mackubin and one from District 7. Larry 0'Connell of 13167 30th St. N. , Stillwater, (owner of the Clover Club) , explained that he plans on asking for an appeal of. �the 9 foot required setback if the rezoning goes through, in order to park as many cars as possible. Jerry Segal explained that the issue at hand is the rezoning c;uestion. Rezoning can' t be made contingent on obtaining the 9 foot setback. However, if the rezoning was granted, the Board of Zoning Appeals could hear this matter bef�re the �t,ezoring came up at the �ity Council . H.C. Johnson of 522 Sherburne stated he felt there should be signs posted in the alley limiting speeds to 10-15 mph. The alley is presently used as a freeway. However, he feels the 8-plex should have more parking. P1rs. Summers asked Mr. Johnson if he would feel better about the rezoning if no access was-allowed onto the alley. Mr. Johnson stated this would be all right. Mr. Warn said he would relay this information to the city's Traffic Engineer. Mrs. V. Barnett of 526 Sherburne felt access should only be available onto Mackubin because of the speeding in the alley. Dorothy Vanderberg of 518 Sherburne stated access should be to Mackubin and not onto the alley. There being no further testimony, Mr. Bryan closed the public hearina. Mr. Pangal questioned -whether this lot is large enough to become a P-1 . district. Mr. Amey explained that the lot is 3,250 feet and under general provisions the applicant would be able to use half the alley for computing the area requirements. Page 2 Laurence 0'Connell (#8524) Mr. Lanegran made a motion to ap,prove the request for rezoning based on findinns 4 throu�h 6 and 10 �f the staff report. Mr. Levy seconded the motion. The motion to approve the rezoning request was passed �ith a roll call vote of 4 to 2. � , { Submitted by: Approved by: Ed Warn James Bryan, Chairman . � ; THOMAS - DALEIDISTRICT 7 PLANNING COUNCIL. INC. ., � 1010 University Avenue� St. Paul, Minnesota 55104�2JB - 5066 I � � ' October 15 , 1979 James Bryan , Chairman • Current Planning and Zoning Commi'ttee 25 West Fourth Street - St . Paul , Minnesota 55102 ' � _ , Dear Mr. Bryan : The Thomas-Dale/District 7 Planning Council has reviewed the request of Larence 0 ' Connell (zoning file 8524) . We are in favor of the requested change in zoning from RT-1 � to P-1 for the land at 497-499 Mackubin . The District Council realizes that to maintain and upgrade the businesses along University Avenue it is necessary to provide additional parking for them. Because there is no apparent conflict with the residential community we request approval of this change in zoning for additional parking and ask that as much planting of trees and shrubs as indicated on the plans be installed . Sincerely , �� , ► � ��L��.,�..,e.- � Dale Busacker , President , THomas-Dale/District 7 Planning Council , Inc . �.� ..__ ._ . ___ . � _. . ,_., .., _ _ . ..,_,_.____. _ ._. .. �, _ . Krr __ .�. _� ._., : � . , __�.�.._w..._ _,�.�. ..._ _ . � � . ��R"�° CITY OF SAINT PAUL � `��\"t1T� OI�L�4 ?e{, �fi�. R � � OFFICE OF THE CITY CLERK �4 �i �O � ?+ 11/1111111 7: i� 1111 I II II C� ''�• "= BUREAU OF RECORDS �UU� ��• _ �0""R��pO�` 386 City Hall,Saint Paul,Minnesota 55102 GEORCE LATIMER 612-298-4231 MAYOR September 13, 1979 Planning Staff, Zoni.ng Section llth Floor, City Hall Annex St. Paul, Minn. Dear Sirs: The Council referred to the Planning Commission for recommendation, the attached petition of Laurence 0'Connell to rezone property in Block 1, Michel's Sub, of Block 14 of Stinson's Div. Very truly yours, �/�� II J�! I Rose Mix City Clerk � Attach. ABO:la � �� ILE _______ 0 � ��-'3� ' ,� �� — :-�p� :, �<� , .a�:�-�—�_ �� , �:� � � y �� ..��'� � iY � � � �� ° e�st ��,, � �, ,' stln - �, �' r Q�:, C , � s� .��;8 ,� t �8�� L� b�,S " '�# � � =� lst 2nd ' �� 3rd � � �� Adopted � � C�_ Yeas Nays - HOZZA HUNT _ LEVINE � �� rJ �l . .?..-�4 f�• � MADDOX ° McMAHON � TEDESCO PRESIDENT (SHOWALTER) � � � � 8524 ' ` ' ZONING STAFF REPORT 1 . APPLICANT: LAURENCE 0'CONNELL DATE OF HEARING �0-18-79 2. . . . . . . . . . . . . . . CLASSIFICATION . . . . . . . . . . . . . . . CURRENT PLNNNING & LONING CUMMITTEE BOARD OF ZONING APPEALS Rezoning � Variance ❑ Special Condition Use Administrative Review ❑ Determination of Similar Use ❑ Other ❑ Change of Nonconforming Use ❑ Other ❑ 3. LOCATION: West side of Mackubin between University/Sherburne (497-499 Mackubin) 4. LEGAL DESCRIPTION: On File 5. PRESENT ZONING: RT-1 ZONING CODE REFEREPdCE: 60.571 6. STAFF INVESTIGATION & REPORT: DATE 10-3-79 BY Donna F. McNeally -------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- A. SUFFICIENCY: The applicat�on was filed on a consent petition, subscribed & sworn to before a notary pu lic on 7r23-79, declared sufficient �-4-79 by the Finance Dept. , and received in the Planning Office 9-20-79. �14 parcels were eligible; 10 were required; 10 were obtained. The purpose of the rezoning is not stated on the petition. B. PURPOSE: The applicant is requesting to rezone from RT-1 (Two Family Residential ) to P-1 Parking� in order to obtain off-street parking for an 8-plex and the Clover Club. C. FRONTAGE & AREA: This irregularly shaped lot has 50 ft. frontage on Mackubin and has a depth of 55 ft. , for a total area of 2,750 sq. ft. D. SITE/AREA CONDITIONS: The site is occupied by two older, single-family houses fronting on Mackubin. Periphera land uses include an $-plex to the north, .Abrams Clinic to the east. Abutting the site is the Clover Club and to the west is a single-family house. University Avenue, a commercial strip, is 2 block to the south. E. FINDINGS: 1 . The site was previously zoned C Residence. 2. The 1963 Land Use Plan indicated the site as High Density Residential , as was the black front�ng on University Avenue. 3. In 1975, the new Zoning Ordinance indicated the block south of the alley and fronting on University as B-3, and north of the alley as RT-1 . 4. The District 7 Land Use Plan documents on-street parking for businesses on University as a problem. The District 7 plan also indicates the following: - That the District would support only rezoning to P-1 of property on the south side of Sherburne. - That there is a conflict between commercial use on University and residential use on Sherburne. - That parking shortages on University should 6e solved by the businesses needing parking and they should use shared parking lots where possible. The proposed P-1 appears to fall within the District 7 recommendations. 5. Section 60.571 states as the intent of th� P-1 zon�: "The P-1 Vehicular Parkirrg District is intended to permit the establishment of off-street parking lots to be used solely for off-street parking of parivate passenger vehicles as a use incidental to a principal use. The �istr�et yri?1 serve a use district wh.ich has developed without adequate off-street parking." This P-1 lot would serve a use on Ilniversity (+"^ C�cver Club� and the 8-plex, both of which developed without any off-street parking.�� . , , i . y LAURENCE 0'CONNELL STAFF REPORT PAGE TW0 E. FI�lDIPdGS (cont'd� : 6. The required conditions for the P-1 include: a. The lot must be accessory to uses located in the adjoinina district and may serve one or more uses -- in this case, the lot which serves both the Clover Club and the 8-plex. b. The parking lot may be used only during hours when the use is in operation and at other times must be inaccessible for public use. In this case, since the lot would service both the commercial use and the residential use, it would remain open 24 hours a day. c. The lot will be used only for parking of private passenger vehicles. d. There will be no commercial or repair work on the lot. 7. The site plan does not indicate the required 9 ft. sideyard setback. Unless this requirement were to be varied by the Board of Zoning Appeals, it would limit the lot to approximately 5 or 6 cars, which would provide only marginal relief to the uses concerned. 8. Traffic & Police indicate that access must be from Mackubin and that the a11ey ma;/ not be used. 9. Traffic & Police also indicate that they would not support the angle on-street parking proposed, This angle parking would require a special resolution by the City Council . 10. The parking lot would serve as a buffer between commercial uses on University and residential uses on Sherburne. 11 . If the lot were used only for the $-plex, no rezoning would be required. . F. STAFF RECOMMENDATION: Based on Findings 4 thru 6, and Finding #1Q, Staff recommends approva of the rezoning. . . ,.r,..� . . �. , .: , ��',��`r��l��J� . ¢I{ � . __. --.: ._ _._,. . . _..._ _ _ . - . _.-__ -......_:...�..Y. `��U��. . ._ . _.___, ____ , .. _ .. . � ;� . . 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