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270679 WH17E - C17V CLERK - t ` CANARV�- DEPAR MENT COIIIIClI ;R,:�� BLUE - MAVOR GITY OF SAINT� PAITL File NO. � - rdinance Ordinance N 0. � l� L�� • Presented By Referred To Committee: Date , Out of Committee By Date An ordinance amending the Saint Paul Zoning Ordinance, Chapters 60 through 64 of the Saint Paul Legislative Code. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAINt � Section 1. That the Zoning Map of Saint Paul, Sheet No. 20, as incorpor- ated by reference in Section 60.401 of the Saint Paul Legislative Code, is hereby amended as follows: The property on the Southeast corner of Portland . Avenue and Arundel Street, more particularly described - as follows: �; '�ots 1 and 2 and the North 70 feet of, Lot 3, � , I Audi�or' s Subdivision No. 38"1 is rezoned from RT-2 to RM-2. �� Section 2. This ordinance shall take force and e£fect in thirty (30) days from and after its passage, approval and publication. COULVCILMEN Requested by Department of: Yeas Nays Butler Hozza In Favor Hunt � Levine Against BY Roedler Sylvester Tedesco � �8 ��8 Form Approved by City Attorney Adopted by Cq�rrr^ci : Date Certif' P ss y Council Secr�tary BY � �! Y App e by Mayor: Date ` Approved by Mayor for Submission to Council By By ' puBUSH�o APR 8 19 . 5 , , ��,`` . y �,.� f,.. � - > . ��a 3 � ��T� �,. CITY OF SAINT PAUL �'�W r= DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT � ; O ��:�� ;�, �� DIVISION OF PLANNING 421 Wabasha Street,Saint Paul,Minnesota,55102 612-298-4151 George Latimer Mayor February 21 , 1978 Rose Mix, City Clerk 386 City Hall St. Paul , Minn. 55102 Legal Description: Lots 1 & 2 and the north 70 ft. of Lot 3, Auditor's Subdivision Dear Madam: No. 38 This letter is written in response to the petition of Mervyn H. Hough to rezone property located on the southeast corner of Portland and Arundel from RT-2 (Townhouse Residential ) to RM-3 (High Density, High Rise, Multiple Family Residential ). This rezoning request is in response to City Council File No. 270233 adopted December 15, 1977 (see copy attached). This matter was heard before the Current Planning & Zoning Committee on January 19, 1978 at which time staff recorrnnended the petitioner's request be granted. Ms. McGinley moved to recommend approval of the request to rezone to RM-3. Ms. Karns seconded the motion and it passed on a 5 to 1 roll call vote with one abstention. On January 27, 1978 the Planning Commission, after considerable discussion relating to the possibility of a high rise being constructed on this site in the future, unanimously approved a revised motion to rezone the property from RT-2 to RM-2. This matter is scheduled to be heard before the St. Paul City Council on February 23, 1978. Sincerely, `�� Edward J. War Sen i or Ci ty P�"anner � EJW/gf Enc. Zoning File No. 8260 ( � yJ , w�n r F � , ,, . c�ck K��l �� . -�-iC..� • , . ` ��INK �../FirlAN('E Councf�t �'�t� �.�,,:RV- OkVARTMP.NT CiITY (?F �A1NT I�AUL •° '' � DLi�iE _ r- MAVJF ' � . F�l� . NO. . '� „ . � � �---� ouncil Resolution ' " � . , . ,� Presented By , Referred To _ __._ ._ Committee: Date Out of Committee Qy__.___,_,_____._ Date � 1�� 97�s �� I`��'I�L ��1� � ��! , �� 1�46� � � , 1i � � +�, �it�IL Z1M1= Ma �i� � � ' �� . �s � �� . � � , , � . �F: � �t �ls!-�a�i � . N� tir� le�ar� �! ?o�� l� s+wrar�4 d�r� r�eia3� eL� t� Lo�iw� A�iz�ri a�i , . , . �, , �di� tl,r i�o#�a� �i� �d ti� d�eis� � ap�ssY wr�r �2 ar� � 1lT7 aoi� � i �tEJ1�8, t� Citj► Oo�uaicil up�s �rcir� the �rwta o� t!� pit'tis� am� tiwir a�tro�c'as�r, � v�op • s�r3� �!� �n►i+iw�� a�oid i� tl�i� iatt�tr. �ttis+�i t1u� �al.�Loo e� t!u foatd �!' �r�=s � �SBSAa. t'h4 City C�+cil also aatbaris�d t� i�w�� f tbt r�q�uir�d b�il�in� pormi�� to t�a �i�s b�► tLe Zo�in� �drioi• �trato�r upoo� c�d�itioo tbat tbo �#a�� irdiat�l� ��m�ncs to iriwk rrsaaie� of tb� �x�+c�el i�elwd traa jtT-2 to 1tN-3= ttiat tl�t gou�#►s xi11 1s� t�w w�nt tt� �sr�ta,s i� d��d d�wlisb �f�ra�t� builtpur�atst to �o ta wit�aut �,�1 i tl�at daci� that tl� Ho�s oLta3� �il� vit� t�aoC�ty a� �siavc�utMia� � p f�r�er of t.t,r�ir �nt to �w�olir4 �aid �ara�si tl�t H� a�rei to the City, and l�ctbes ta► s�l�s� tir CiLy, as ��v�►i�l ia e�are d�tail !n th� attac�ua croetra�t ard t�+at t� Ha�.� a�t�c i�tO � y�c�sr�►t s�ttia� �ut t1� sao��.t� �nd , : ----- -- - - -- -- ------- - ---_ _ -—- -----�-`�- ---- -- - ----T- ---- -- -- __--- --------�----�. _.` -- .-�- T--.�---- ('OUNI'(L511;N Requested by Department of: YC<IS �ii5'> ., �Ut�Cf Hozra ----- In Favor '.�--___.,___ Hunt Reetdlcr ---------__.. Against AY ---____.__,_r._ _ Sylvestcr Tedesco Form Approved by City Attorney Ad��pted by� Cuuncil: O:,te -----------..-------------- Ccrtific•d F',�s�cd b} C��uncil Se•crctary �Y --- - H; ----^�---- _____--------.____.— ---_ _..__---- Apprutcd by 11a � proved by Mayor for Submission to Council , -- 3 �� a � ��'�' 9'i f '�.� : w � 3 r35 --- - .:��:4:'��, ~��*�'� - �-=-�-��3. By -- -- • , . ~. C I T Y O N' �A I N 1' ��A U L Council �/ � � File N 0. � ° �� '-�� -� Counczl Resolution ,, �rc•st•nted [3y - - _ ... t}f., l r�:�.�:�, . ---- --- __--� -- -__._`--------- � `�� .� Rt�ferred 'I'c> � _._____ _ ____.__._ -- -------------- -- Commi ttee: Date �;ut of ('oit�n�ittr�� l3�- _ � —�" ___ _ ____ __ . _._ --___— ---- ___ — -------- -------- Date p� Z. a�ts�uta !A drtail; a� �g�' � �� s'ad a�rd i.i atta�ta�d a� uid c�itra�c,c � r„�� ;E��ioo a! t�w Cit7► � t� s�e#,�rd Lo this rtt�ar= �r, t�lv�s; b+� it ltHSOQ.SrED, t.lsat � aed th� Dl,r�cto� os th� prp,�� ot' Fia� � � h� oq:wated to �rM��i ,�sd ax� t� a�tt��sd �od s�• th� Citx o! Saiait pwl; md. b� it � �° �� YiT1tT�I8� �ESOLygD, tlWt t!w Z�a�is� A�ioist�cat�or ia �i�d ae�d r�ep�st� � � Iwzrir! ��P��lieatl,oa by t!u !o�� b�ildipt � h�r�to. ��°�'=r a� rt! to ta t1w eaetract att�� ___ -- _ _ _ ___ :._ -,---- _ __ __ -- -__ COUN( IL.11F�:N -- _ ti"'`` ti';��s Requested by Department of: l3uticr __� --- H�,z-r.a In [�a��or Hunt -` - l,evinc Ftoedler ---�---__ Against I3Y ----- Sylvcster 7'edcscu ldupted b�� C„uncil: �)�,�� U�C � � t97r Form Approved by City Attorney --- ------.. �crti(t�•d !'�,�;�:c•rJ i;�� (ruun�:il Seerctary B Y -- f3�,� �___ ` __ - ----- - ------- -- -- ----- I.N ppr��cd I�y Jla�•ur: U�tc _- _ : �, �''�r + APProve • ti�• -- .-_ _ - __ _ g ��ia� i � , � .�� - — _ .__ . ._ ___-.__---_ - -. __. ___ _- - Y � MINUTES OF THE CURRENT PLANNING'�ZONING COMMITTEE MEETING JANUARY 19, 1978 IN CITY COUNCIL CHAMBERS, ST PAUL, MINN. PRESENT: Mmes. Grittner, Karns, McGinley & Sumners, and Messrs. Hummer, Stegemoeller and 6ryan of the Current Planning & Zoning Comnittee; Mr. Robert Straughn, Assistant City Attorney; Mr. Richard Amey of the Division of Housing & Buildinq Code Enforce- ment; Mmes. Mc�Jeally and Fox and Mr. Edward J. Warn of the Planning Staff. The meeting was chaired by Mr. James Bryan, the chairman. MERVYN H. IiOUGti (#II260) • An application to rezone from RT-2 to RM-3 property located on the southeast corner of Portland and Arundel . The applicant was present. There was no opposition. Mr. Warn read the staff report, reflecting staff's recommendation for approval of the rezoning request, and showed slides of the subject site. - Ms. Grittner inquired as to why Mr. Hough's garages had proceeded as far as they have with construction, and Mr. aney said there had been a Council resolution directing the Building Department to issue a building permit. Ms. McGinley asked about implications of the 1915 law and Mr. Straughn explained the 1915 Restrictive Residence Law prohibiting apartment buildings as well as uses such as public garages. He said the Council reversed this to allow the garages. Mr. Warn said 5 or 6 letters had been received in favor of the Hough garages in response to the hearing notice for the Board of Zoning Appeals meeting, and so far there had been no opposition for either the Hough rezoning or the previous appeal . Ms. Karns asked about the history regarding procedures and reasons for Mr. Hough being overturned, and Mr. Warn explained that Mr. Hough has been rehabbing for severa,l years and when he applied for his latest loan, he was informed he must have garages as a condition of the loan. The building permit was refused as it would be an expansion of a nonconforming use. Then Mr. Hough filed for administrative revie�w, and staff recommended in favor of Hough. At that time the Restrictive Residence requirement came up. The Board of Zoning Appeals approved the administrative review and requested �he Zoning Administrator to grant the permit, but the Zoning Administrator refused and the case went to the City Council . The City Council in turn approved the start of the garage constr�action with the stipulation that Mr. Hough initiate rezoning and if unsuccessful , tear down any garages constructed. Mervyn Hough, 387 Portland Avenue, the applicant, said he owns the property at 436-438 Portland Avenue. He said he was appearing before the Corr�nittee as a result of hi,s agreement with the St. Paul City Council , whereby he has agreed to post a $4000 bond which would be used to tear down the structures if the rezoning failed, or if someone at a later date were to sue. That money would be used to demolish the garages. He said he had also agreed to begin rezoning procedures, which he had done imnediately. Nine of eleven property owners have signed in support of the rezoning, Mr. Hough said, and the other two were out of the country at the time but have since indicated support. Ne said or�e reason in favor of the garages by the Board of Zoning Appeals and the i City Council had been that to deny him the garages would be an economic hardship. He , i . � . . . , � . . � . - ; � i . " , . .. . . � . . . . � . '.. . . .�'�. . .. . . . . . � . . . � .. ' . � - ; � � �'� . .. � �x .. ' . l . . . � . . .. .. � , �it��. �� .L � , .. . • ' , ' . . . . . . � . ,... . n� •c. � • .�� . : ,�� . ... :� .;. ,.�,�;. .�.J; .�. ..'-+ . .. �. _ � ' , � ��• _ � '� ' i �� . � � .� �, c . h . ' . � : .` �� { . ; , �.:� �� A '�' , r� ~ � � R } �! y� t�ougn ; �. .... �j� , � . . � ..� � ,Iy�' .i .{�.k :�L 1.�'�.-�;.J .w.y';..�� .^y�,�f`�"�S.k�:A;5#!r 4�.�.�f4r'v:!Irt'� �'.y`'�� '� '::X�� "��y :.� p �.:9 't v t : � . . . . � � � . �F J��.. �x �t ,s: S`� .�� ?��, .^'..4. r_ ;,,r' �1 S , �. . . said the a � �` . E .. � ��9�5 ��;�$��t .: �!"�I� ��r�a« +��-:�,a�d;;#�e �P�rtment ��;,�> : a . *��tldit�� has 1'7 targe ��f�, ,. � �� dt1��f�i �Ul�`lpus .Si�t , . � 4 '# ��Y�n��mansions ; << ,�;�divir#ed up to 'fot�ti arri�apa�r�men ,:��di��g�,° °.i�lt• H�u�h adde�.:�at fi��..a'tso 'had agreed `� that `he would not hold the City at fault beca�use the City had zoned his property into nonconformance in 1915 or 1975 when the law changed. Ms. Grittner inquired as to the number of garages to be built, and Mr. Nough replied that they plan five now, and 15 or 16 units will be built eventually. Ms. McGinley then moved to recommend approval of the rezoning request. saying it seems reasonable to assume that Mr. Hough needs parking for C��s building, and that he had gone through the long form process with no objection from the neighbors. The motion was seconded by Ms. Karns. Mr. Hununer then remarked that he thought the location of the garages was ideal , but he had voted against the application as a member of the Board of Zoning Appeals and had also tried to get the action rescinded. He said he feels approval now impinges on the entire residential restricted covenant (1915) extending from the Capitol to the river, which means everyone subject to this restricted covenant is involved, and that rezoning is an exercise in frivolity, and will not change the restrictive zoning. He said he had to vote no. The motion to recommend approval was then passed on a 5 to 1 roll call vote, with Mr. Hummer dissenting, and Mr. Stegemoeller abstaining. Submitted by: Approved by: � Edward J. r James Bryan, Chairman , . . . .. , . ,;t,; CITY OF SAINT �AU �. � DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES ' DIVISIOly OF ASSESSMENTS AP�t[� VALUATIpNS + , December 12, 1977 . To the Council City of St, paul Gentlemen: - _ � . I have checked the attached petition of Mervyn Hough filed in the matter of rezoning, � Lots 1, 2 and the north 70 feet of Lot 3, Auditor's Subdivision No. 38. The property is located on the southeast corner of Portland and Arundel SGreet, from RT-2 to RM-3 for the purpose of operating a 17-unit apartment Building with accessory garages ana �arden area, and find that said petition is sufficient. Yours very truly, Berr.ard J. Carlson - Director Department of Finance and Management Services Re: X2039 cc: Building DepartMent ,�,��ning Board File Parcels Eligible - 12 Parcels Needed - $ /�, Parcels Signed - 9 l�� .,r� . � � \ I'Y e� . � •� y f \ � �t�r,y �- � ��,y�� ,,� � _. __._ �, �' � � �~ f ..'.�, �! n �._x �pq�.n pr�� '�� . � , . '� f�� f . Y i� h H.�tN �� } �.'� �, ' `y',d ��..._ ti '��.��...�. . � . . � . � 4 r t,fa. �.�---�_ r....-�-'��"�..-�.^-'....----�"' . Telephone 612/298-5241 113 City HaII, Saint Paul . Minneso'ta 55102 I . ' ��'�`�� . � , b '�'��"�i �� . . . � y� �� "� i�r;~`�`�� MI N N ESOTA H ISTORICAL SOCIETY � �*_. _ � _ , � ,� ,, ,� � ��,° � 690 Cedar Street;St. Paul,Minnesota 55101•612-221-2747 --�..,;;t=_ �i— � '�� 23 January 1978 Mr. James Bryan, Chairman � � � � � � � � Current Planning and Zoning Committee � �•� � � �� ,� City of Saint Paul - ' ;tp Planning Co�nission �+`'�'� �N�iPK�' �1j,� 421 Wabasha �� s��i; j�jrt� 2nd Floor St. Paul, Minnesota 55102 Dear Mr, Bryan: RE: Hough, File #8260 Thank you for the opportunity to comment on the rezoning petition for the building at 436-438 Portland Avenue, St. Paul. The building is located within the Historic Hill District which is lieted on the National Register of Historic Places. In fact, it is one of the pivotal structures within the district, Because of the importance of the building and its relationship to the historic district we are concerned about the possible effect of the construction of the accessory garages and garden area indicated in your notice. We therefore request that any construction plans be reviewed by Mr. Charles Nelson, the Architectural Historian on the staff, to insure that the character of any new construction is harmonious with that of the historic district. We are not concerned with a change affecting the internal use of the building in that the proposed change will not alter the significance of the building. But we are concerned with the internal use of the building when it may potentially affect use of the exterior areas around the building, as with an increased need for parking facilities. Thank you for your attention to the historic environment of the property. Sincerely, � ussell W. Fridley tate Historic Pre ervation Officer RWF/fr EIS �k972E Founded 1849 • The oldest institution in the state January 25, 1978 Russell 4J. Fridley - State Historic Preservation Officer : rlineesota Nistorical Society - : G90 C�dar Street - , St. Paul , Minnesota 55101 ' Dear +•tr. Fridley: Re: Mervyn Houg,h, Zonin� File �lo. 8260 �. ,� Thank you for your letter of January� 23, 1978 regarding your concern over the effect of the construction of garages by Mr. Nough. The Current Alanning & Zoning Carmittee, which I chair, held a public hearing '� - on this matter January 19, 197a at which time P4r. Hough's request for rezoning to RI�I-3 was approved on a vote of 5 to 1 wlth 1 abstention. This recomnendation from the Current Planning a Zoning Comnittee will go to the full Planning Cormission at its next regularly scheduled meeting on January 27, 1978. The Planning Corrmission's recommendation will in turn go to the City Council in about � +, a month for final decision. '' ; I wjll r�ad your lett�r at the �lar�ning Camiission meeting and ma�ke sure that copies are availahle for the City Council when that public hearing is held. If you have any further questions on this matter, nlease contact Ed Warn from the Planning staff at 29n-415�1. Sincerely, Jar�s Bryan, Chairman CurrAnt Planning & Zoning Ca�mittee CJIJ/gf ; / I V � '' I • •I'I v V ' V i �,,.:... . ��.___l�_� � � , � " __z _ .�` � i � . i � � i I � P � s - --- I I • � . r � _ V � ' � � � �1 10 � V � 24 22 V � 71 � � �� 12 12 ��' . . AvE. L L- 1 6 6 �0 10 V V � � � O � � � �' . � O 12 i0; rl� � V O U" ' `'' ___! � � • I I I � � � i I t"'� �RH T I N I 33 � _ � � � 1 Ae ' V �� s �7 'S8 10 9 9 � 8 9 i9 � � - �..,u � St � ' 0 G AVE. � � , ; AB o ' P � `� �I �-� Y V Q V �V V V � V V I v � P ST.PAULS CHURCN 1 � � HOME � I t � O1 ' ' � ._._ I,s 1 1 ' � H � � ` �� " `-� �" O O , � � '� ' -� C � . �0\� � � . �`. AVE. m • � \ 5 9 � � � `' 8 ¢ 1 �� i i0 � � �'� O � � o � � O ° v � � � s • t R H ' 1 �O P'�� ` _l► I � � ` �C, •�� i I I 1 � 1 I � 1 ' � � � � � � � I � � 1 ( � � 1 O � � � b � b � � b ;� R� � � � a �� ,� � . , � L.. � � . \\� `' AV E . , � O O'9 �.:.1 c� �� '~ '` , a � �� , � r� \ \� z p o , � w ,•.� c� , `� m ; ' '° � ' ; ° o �"' , ' Y Z O i � ti. � � � � � � � ��, a � � � � , � � . �-: ; I � � C� Q O ` �,`' Ly � v O O , � ��i b i `�i � � � .,,' �^ ,� '� � . . � T � v' � , � <<� vv � , � � i i i � � i j� ,��`�8 2 2 - - - � i O, � d�► �� -- , = i i , � d � � o ` a , - � � � � �.. . � � � .,�c . , � �P . , � . , � � Q � � . � , , , , ,, , �� , �."; � ; !` � t� 4 , 1 . AREA MAP APPLICANT _ MERVYN H. HOU�H LEGEND �' � ZONING OISTRICT BOUNDARY PURPOSE Rezone from RT-2 to RM-3 CLCLLD SUBJECT PROPERTY O ONE FAMILY PLANNIN6 � asTR�sT FILE NO. — 8260 TWO FAMILY , , . � � 3 1 s t —_ �� / � 2nd �� (-, 3rd ��I� j Adop ted �7�� • Yeas Nays BUTLER . HOZZA xurrr �`!f'�� LEVINE (J ' ROEDLER � TEDESCO (PRESIDENT SYLVESTER) � . � � �_ �� C�-'"- CITY OF ST. PAUL ' DEPARTMfNT OF FINANCE ANU MANAGEMfNT SERVICES � . ASSESSMENT DIVt510N 113 CITY HALL 5T.PAUI,MINNESOTA SS702 February 3, 1978 �'" ��`'� � �� , r � File X2039 Page Zoning File 8260 Dear Citizen: As a courtesy to you, and as required by law, we want to notify you about a public hearing which may affect you: The Council of the City of St. Paul will hold a public hearing in the � Council Chambers of the City Hall and Court House (third floor) at I0:00 a.m. on February 23, 1978 on the; � Petition of Mervyn Hough to REZONE from RT-Z to RM�3 property at 436-438 Portland Avenue being located oa the southeast , corner of portland Avenue and Arundel Street and described as: Lots 1, 2 and the north 70 feet of Lot 3, Auditor's Subdivision 2 #38. The RT-2 classification permits two family and townhouse structures provided not more than six units are attached to form the townhouse structure. The RM-3 classification permits con- _ struction of high-rise aparment buildings. If you would like further information about this hearing, contact the Current Planning Section of the plannirtg Board, 421 tJabasha Street or telephone 29$-4154. While the City Charter requires that we notify you of the hearing, we want to help you to learn fu11y about any improvement that could affect yau or your community. Therefore, I sincerely hope you can atterd this hearing, so tltat yau can make your views about it known to tha City Council, whether for or against. J. WILLIAM D(?NOVAN . VALUATIOV AND ASSESSI�SENT ENGINEER �r r,.r.�;�� fwcF`i'r',i+T • �>� � ��' � , . , ,J �i } ��r�i " 8�5 �,�.�,d*j. �_r .. � ��,Y{ � .,, d"i� � -�7' . ..y � . �� , ,r: ,;'" ., G #.. . �",; ��I �'�� V �� .3a � 7`� � I ,:�� i ��I I � �,�`,..�. 1Kr��;; � d�_,4��w4 ,��L. �. `,�F f ':`E!, zn' . . . . . . . _ . , . .. . \ �. � . �:� . �� . ' � . . ' • . � � i ] ' , . � i / � ., ' / . ' . . � .1 . . .• .. . . . . . . . . . . ' . , . � .. � . � • . � �. i . . � � , . / . . . , �� G � � � � , . , , , _ . � . . , � � � . , � , . . � , . � . � - � i• . � � . � .. ' . "j� ' .. . . � � . ' � . ., � . � � � . i, . , . . " ' , , . . � : . a . . � • . � � ' . . • � ' Febx�asq 23, 19,75 ,� , . , , ' Ras�t'iat Lans'lttg _ . � . � C3ty Attora�ey . . , , .Re�cnn 647, City��all . , . - ' D�ar M�. L►ane3ag: � . , � � , � Th� Co�mc3,1 r�qwsts tha� you ps�paxa sa ordiaane� r�zatia8 P�T�'tiY of l�v�nat fl. � flough on th+s �aath�ast corn� of Portland a�t Rr�ndel £rom RT-2 to RM-2 aka Lot�c ' _ . 1 a�t 2 and cha morth'.TO' of _Loc 3, Anditor's S�tid�.visic�n D�o. 38. : , ' ` tfiery crf�3► F��, � � , ` ,. . " City� Clark , . „ ,ABO/� ' • ' � , � ....J . . , . . .. . � � � �.. � � � � :. ..� . . . . .. . �` . . . I _ � . . . . . t . .i , ' ., . . � � " .. . . - . . . ' - . � . . . . ' . .. . , . . . ' , . . ., . . . � . . � . . . � . . . . . . . - . . .. � . � . . . � . . ' - � \ ' . .. . .. '. . .. � � .� ./ • .. �. . � � S . . , ' . � � � . � . . � . . . �� . . . ' , . . . . . ; . . , � , . . . ' . . ,. . . . .. . - ��TY o�, CITY OF SAINT PAUL R°� '- DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT � ..._:::.:. � `��, ~�� ob DIVISION OF PLANNING ..,� 421 Wabasha Street,Saint Paul,Minnesota,55102 612-298-4151 George Latimer Mayor February 21 , 1978 Rose Mix, City Clerk 386 City Hall St. Paul , Minn. 55102 Legal Description: Lots 1 & 2 and the north 70 ft. of Lot 3, Auditor's Subdivision Dear Madam: No. 38 This letter is written in response to the petition of Mervyn H. Hough to rezone property located on the southeast corner of Portland and Arundel from RT-2 (Townhouse Residential) to RM-3 (High Density, High Rise, Multiple Family Residential ). This rezoning request is in response to City Council File No. 270233 adopted December 15, 1977 (see copy attached). This matter was heard before the Current Planning & Zoning Comnittee on January 19, 1978 at which time staff recorranended the petitioner's request be granted. Ms. McGinley moved to recommend approval of the request to rezone to RM-3. Ms. Karns seconded the motion and it passed on a 5 to 1 roll call vote with one abstention. On January 27, 1978 the Planning Commission, after considerable discussion relating to the possibility of a high rise being constructed on this site in the future, unanimously approved a revised motion to rezone the property from RT-2 to RM-2. This matter is scheduled to be heard before the St. Paul City Council on February 23, 1978. Sincerely, Edward J. War Senior City P anner EJ�1/gf Enc. Zoning File No. 8260 ,.��,';,, wHiT( - i�r r C�EhK�f � � �,� � .. � � � . . �, . _ 1 . .. P�NrI. . �•:R:PtANCB .� � ... �� . * , ftq,'�` . . . C4N �•I�Y»UfLPARrMfLN♦ (� ITY .OF .'��t�INT- �PAUL Ctouac�iu� . . ,�, � . . �46�E , �..'MAYOp � . , .� . . � � P��-:_ ��. I�Q. . �� ounci�l Resalution . ' { . � � a • ; ° ^a. w f4 �. Pcesented�By Referred To ... Committee: Date � Out of Committee By ._ � Date 1�� a�� '�i�w��a�li�v�tll� M �C!��e' . �� a�rri !� �i�elas�jr et �l�l : . � : is tlr �q►,a�!°. �tla■t l,r�t; ai �as�s. e�ss ssats,aa ,ir i�w�t�«t y t'i� s..s� �ta�•t �r� a�i � a��i bp �iM �� t� t�a �r1 e�! � ��, � �`j . ,. � � .. . . . ' . . . . . . n� . i�i, t�r D�ur+� �E Zowi� Ap�i,,�.s�e,Mi dM i�i� o# t�e T�os1� �idae��s�t�t; �a�i- ,, . ' _ _ soinc+� � � �i ti�,tl�,�ial��alac �d t�a �t.i�,l�s r`� a�p�wl �r A�c+i Z2 �o�d�� 1lT7; a�P�� • t�t�t�s th� Ci��► Oruscil v�,ws � tb� rits �t !!rs ' � pa�ttl�� a�i tii�i: ��n, a■�d �yaw a s�wi+t�r �f� a�►i+i�� a� 3o tbi� �al.t,tt, �t:Eii'�r� tty i�ci�i�aa el tb� �o�,'d �!' � ��•s .m �, , � �tAiR t�ae City� C�oui�cil also aa�uonei�d th� i�w:a�ca �f tb� roqnira! b�aildt.� psroits ta tlae �vu,�u by► t6� Zasis� A�ioi• �tr�t�r upc� c,asd�iti�a� �t�at th� i�v�ts 3ao�diat�l� Ca�nc� t� •a►lc r�-� ot tb� �asr�l l�w+�lwd ir�r RT-2 to �-3= ttiat t6� � +rili i�ai tb+t s^�st t�a r�--�s�tia� i� d�si�'id d�oli�b, r • �L�su�ot to tha�� p�its �ri�hwit t!� dici�= ' 8o�a �o�tai.n asd filt vit� ti�� f�c� of t�wei�r �t te dw�sli�h �aisi ysra�s; tbat �� r� Co t1w� . aisd lm�ctL�rs to s+alw� t!r City. as� +�p�l�d�i ia� �e�r� i�n� a�tac�d eoetrarct rd thst tb� flo� a�t�r itvGs �n a�c��rt s�ttla� � tbrt t,aedit� �sd -=�-- .. .__ ('OUN�'IL't1EN , Yeas !y�,y5 Requested by Department of: '�. Quticr � Hozza __._� tn Favor �—. Hunt Levinc __ __ Against �Y .---�-.-.-_._ RoeJler � -�"`--- Sylvestcr Tedesco I Form Approved by City Attorney Adiipted b�• C.>utlCii: I)atE �.-----.---_____. _,�--- Certifird }'��stic�d b} Crnincil Secretary BY ------ _ �i -----�---------�� -- -------_ ----- Appruved t,� 11a �:►e��..�..r ��-,. _.__,__ _ _ proved by Mayor for Submission to Council , ;y ,.s�e, ��. � �} �"`� � �'. �I c,` � � � � . � .' '. 1 .. �y' - ---- _--- - ,-�.-'a;;�.,,-�xk't"tC�':4�� d 't�-�+r� - gy --- --- � ' �� I 'I'Y O��' �AIN1' r�AtJI. Council � �j �'la � , File N 0. � ° ��-�� , . � Counc�l Resolution .-rre�rnted I3y ._.._ .___ ._ Rc•ferr�d To _ --___ ___ ------�----____.--____ Commi ttee: pate uut of Comniittc�� (3y _. . _---- .. —___. -- --�— ____--�---=----— --- --- --.__. ------_-___.___-� ----- __-_ --_.1=�__ --- Uate _ I�s� Z. ��■�eot� ia �ttall j at�d �i aaid�' �� h�s bs�n aod ia att+�fyd �� lo s''�i�cd to tbi�r ��t�art�nw,�� e! e� Cit�► �e�ri� RBSt)LVSD, tb�st th� � tt� Dis�ctoor es tir p�� o! liwanc� �d �t oq�ast�rd Go �trr��ia� and � �� t r�- t� Citjr °`f Sai�tr Pwl i aod� b� it � �d b�alt ��i0°�'��L9�+�i to ��'°��i �dii'tittratoor ia lwr�ab� ��'P��lieatioo � � �� d�t � �eto. prO�'�' r�' to Lt tir eootract ��taebaa _ __-__:-=__--_-:___�__=__ ---- COUNCIL4IEN -- ------- - — ti`�`�s ti+�>s Requested by Department of: Buticr Fic,iza —�-- In f�avoc ______ H u n t ------ l,cvine Koedler - -- --- flgainst E3y ,__ Sylvcstcr Tedcsc�, � �d��pted by� Cuuncil; O�,�� 5 �9�� Form Approved by City Attorney crtilic�d !'.��:�:c•d u�' (:uuncil S��cret��ry � By _ F3�• � ---------...__------ ------ - - ,,z- ---- �I.b '� � i�";; :� Pf�rc�ved h} llavur. U�le __ APProve , , Eiy ___--- - - -- � i'�'_ �f+ - -- � ' ��„ `f+ _ _-- - ___—- __ ____ _ --- -- - BY --- • . , i • , i MINUTES OF THE CURRENT PLANNING+�ZONING COMMITTEE MEETING JANUARY 19, 1978 IN CITY COUNCIL CHAMBERS, ST PAUL. MINN. PRESENT: Mmes. Grittner, Karns, McGinley & Sumners, and Messrs. Humner, Stegemoeller and Bryan of the Current Planning & Zoning Comnittee; Mr. Robert Straughn, Assistant City Attorney; Mr. Richard Amey of the Division of Housing b Building Code Enforce- ment; Mmes. MclJeally and Fox and Mr. Edward J. Warn of the Planning Staff. The meeting was chaired by Mr. James Bryan, the chairman. MERVYN H. HOUGIi (#8260) • An application to rezone from RT-2 to RM-3 property located on the southeast corner of Portland and Arundel . The applicant was present. There was no opposition. Mr. Warn read the staff report, reflecting staff's recommendation for approval of the rezoning request, and showed slides of the subject site. Ms. Grittner inquired as to why Mr. Hough's garages had proceeded as far as they have with construction, and Mr. Amey said there had been a Council resolution directing the Building Department to issue a building permit. Ms. McGinley asked about implications of the 1915 law and Mr. Straughn explained the 1915 Restrictive Residence Law prohibiting apartment buildings as well as uses such as public garages. He said the Council reversed this to allow the garages. � Mr. Warn said 5 or 6 letters had been received in favor of the Hough garages in response to the hearing notice for the Board of Zoning Appeals meeting, and so far there had been no opposition for either the Hough rezoning or the previous appeal . Ms. Karns asked about the history regarding procedures and reasons for Mr. Hough being overturned, and Mr. Warn explained that Mr. Hough has been rehabbing for several years and when he applied for his latest loan, he was informed he must have garages as a condition of the loan. The building permit was refused as it would be an expansion of a nonconforming use. Then Mr. Hough filed for administrative review, and staff recommended in favor of Hough. At that time the Restrictive Residence requirement came up. The Board of Zoning Appeals approved the administrative review and requested �he Zoning Adrninistrator to grant the permit, but the Zoning Administrator refused and the case went to the City Council . The City Counc�l in turn approved the start of the garage constr;action with the stipulation that Mr. Hough initiate rezoning and if unsuccessful , tear down any garages constructed. Mervyn Hough, 387 Portland Avenue, the applicant, said he owns the property at 436-438 Portland Avenue. He said he was appearing before the Committee as a result of hi•s agreement with the St. Paul City Council , whereby he has agreed to post a $4000 bond which would be used to tear down the structures if the rezoning failed, or if someone at a later date were to sue. That money would be used to demolish the garages. He said he had also agreed to begin rezoning procedures, which he had done imnediately. Nine of eleven property owners have signed in support of the rezoning, Mr. Hough said, and the other two were out of the country at the time but have since indicated support. He said or�e reason in favor of the garages by the Board of Zoning Appeals and the � City Council had been that to deny him the garages would be an economic hardship. He � � ' , i Mervyn Hough Page 2 said the garages are a positive contribution to the area. He said the apartment buildiny has 17 large unit� and is not one of the luxurious Sumnit Avenue mansions divided ��p to form an apartment building. Mr. Hough added that he also had agreed that he would nor. n�ld the City at fault because the City had zoned his property into nonconformance in 1915 or 1975 when the law changed. Ms. Grittner inquired as to the number of garages to be built, and Mr. Hough replied that they plan five now, and 15 or 16 units will be built eventually. Ms. McGinley then moved to recommend approval of the rezoning request, saying it seems reasonable to assume that Mr. Hough needs parking for F�is building, and that he had gone through the long form process with no objection from the neighbors. The motion was seconded by Ms. Karns. Mr. Hummer then remarked that he thought the location of the garages was ideal , but he had voted against the application as a member of the Board of Zoning Appeals and had also tried to get the action rescinded. Ne said he feels approval now impinges on the entire residential restricted covenant (1915) extending from the Capitol to the river, which means everyone subject to this restricted covenant is involved, and that rezoning is an exercise in frivolity, and will not change the restrictive zoning. He said he had to vote no. The motion to recommend approval was then passed on a 5 to 1 roll call vote, with Mr. Hummer dissenting, and Mr. Stegemoeller abstaining. Submitted by: Approved by: � Edward J. r James Bryan, Chairman 1 . • . . . . . . . . . . i:�.( {�. . � � . � . � . '�''' � . � � . . � � � "f ciTY: aF: s�`in�T F�u �. ,�� ;. DEPARTMENT OF FINANCE AND MIANAG�NiEN�''SERUIC�S ` � DIVISION OF ASSESSMENTS �►ND VALI�A►TiONS + ' December 12, 1977 . � To the Council City of St, paul , � Gentlemen: I have checked the attached petition of Mervyn Hough £iledin the matCer of rezoning, . Lots 1, 2 and the north 70 feet of Lot 3, Auditor's SubdivisiQn No. 38. The property is located vn the southeast corner of Portland and Arundel Street, from RT-2 ta RM-3 for the purpose of operating a 17-unit apartment Building with accessory garages ana garden area, and find that said petition is sufficient. Yours very truly, Bernard J. Carlson - Director Department of Finance and kianagement Services Re; X?.03 9 cc: Building Department .�6�iing Board File Parcels Eligible - 12 Parcels Needed - $ /� Parcels Signed - 9 l�� , �� '`�>`�,� � . ,� �; S ,J� "� � � �� .......-- ��''�� ','. � ' �,��' � _ i _.. Y �� .�� y�� . . . . , �� . . . �.. . :. `' , ' �{w�.i . . 6e�►y/�jI�� . . ' . . � ta !�� ' - � � '� �t�R�a . � �(/I - �� /-„�`V..��=� y�� .��.- --"...�r.�• . . . � V � . ' .. . Gr+ ' Telephone612/298-5241 113 City HaII, Saint Paul, Minnesota 55102 _ 1 . ; � f ' , �. �� .� �� .r s� � £ s �; i'� � ,r—� � � - �y M I N N ESOTA H ISTORICAL SOCI ETY -_ � ( � .� I � � � 690 Cedar Street,St. Paul,Minnesota 55101•612-221-2747 ---�-•.i._ -3—_! �� 1 _ 23 January 1978 � � � � � � � Mr. James Bryan, Chairman � Current Plannin and Zonin Committee � r • ' City of Saint Paul g • �:�.•� � � 1�� Planning Commission � p�� ,� 421 Wabasha ��+ ; j�t►,,,,�1� 2nd Floor - . St, Paul, Minnesota 55102 Dear Mr. Bryan: RE: Hough, File ��8260 Thank you for the opportunity to comment on the rezoning petition for the building at 436-438 Portland Avenue, St. Paul, The building is located within the Historic Hill District which is liated on the National Register of Historic Places, In fact, it is one of the pivotal structures within the district. Because of the importance of the building and its relationship to the historic district we are concerned about the possible effect of the construction of the accessory garages and garden area indicated in your notice. We therefore request that any construction plans be reviewed by Mr. Charles Nelson, the Architectural Historian on the staff, to insure that the character of any new construction is harmonious with that of the historic district. We are not concerned with a change affecting the internal use of the building in that the proposed change will not alter the significance of the building. But we are concerned with the internal use of the building when it may potentially affect use of the exterior areas around the building, as with an increased need for parking facilities. Thank you for your attention to the historic environment of the property. Sincerely, � ussell W. Fridley tate Historic Pre ervation Officer RWF/fr EIS �k972E Fn�mrlPri 'IRdQ • T�to nl�nc* �nc►:*��*7.... .... aL.,. ..�..a.. ; :�, w � �'J �.. , `,a ��;: i,+ ?;; ; ``;� , "s January 25, 1978 . �' ,. � � . � .�- ., - � � � ' �},.. . . . . - . � . . ' � � '::fi•. Russell t��. Fridley State Historic Preservation Officer �1i i��aesota Ni stori cal Soci ety . � 690 Cedar Street . St. Paul , Minnesota 55101 Dear t�ir. Frtdley: Re: Merv�m Nough, Zoning File No. 8260 , � ` Tha�i�: you for your letter of January 23, 197a regarding your concern over the • effect of the construction of garages by Mr. Nough. , The Current Pianning � Zoning Committee, which I chair, held a public hearing k� on this ,�atter January 19, 197�3 at which time Mr. Hough's request for rezoning � to Rt�f-3 was apprQVed on a vote ofi 5 to 1 with 1 abstention. .This recb�rmendation from the Current Planning & Zoning Comnittee will go to the full Planning � Cormission at its next regularly scheduled meeting on January 27, 1978. The Planning Comnlssion's recarmer�dation will in turn go to the City Council in about i + ,, a month for final decision. � I w111 r�ad your lett`r at tf�e I�lanning Comnission meeting and make sure that ' copies are available for the City Council when that public hearing is held. If you hav�: any further questions on this matter, please contact Ed Warn from the � Planning staff at 29a-415�. � Sincerely, � � James 6ryan, Chairman �I Curr�nt Planning & Zoning Corunittee CJtJ/gf , t I v I � � � I I • I v � v � .t,7--- - - . '- ' � � � _.L.�.J O N -Z ��__�-__1--1 , � - - -C� � � � � � i i i P V _._ ti i i � • I ' _ ' � � L.! �� (�� w �/ Q v . 1 71 2M � T; �1 10 � �+ 2� 22 12 12 �� . . /�i Y G. � �1 6 6 1 V V � � � � 10 0 � � 0 ¢- � V i . � 9 2� i �i i �' � V � � o . � � � Y ; O � p � , . , , , _____ � � � �RH � ' �3 Z � t A B � 1 1 v � 1� RH I -� g a, �o , s �� 8 �0 9 9 s � � � s - ,�n OG AVE. *T, AB o � P � ��] � �� -�" � � v ! v ;v v v , �v � � v , 1 , P sr.v,au�s CNURCN I HOME : o� � � ` - , , , , � , . v , ��s C� ;o � ' � � H ' �- �o' � � oo , � � . , \. � � , .� . . A��. � 8 • 4 '. ' IO 1 3'r`,�,r� O � `\ 5 � T ¢ � � Tt � �� ^ I I , �J � V a d � 6 . � RM i O P?�� ; � ' ' �. �� , � � � i � � � ; j ; � � , � �� , ' b � b � ► � '-� . ' � �oa � '� � � `' �� . I R�+ . . � AV�. ,O �. .IV 1� � . � . i �.{� Q �i9 `.,;J �' v�..�: '��; \� \ `` Z p O a � �'( " Iw , f'' \ \ q �� i , �, W . �,_��° � � i m , �O � � � Z � . O ' � U i � i i i � i � � � ,` � L�`'' i 'Q � I � 0 i � Q p � . �,4� �E v OO � i�l � i I � � � . �.: 4 ,� . . � _ .. . , T ' v' � , � � v v v , � , , � � �ari � � �� 8 \i2 _- -.-1 - = ( � � , ; ; � , , a � o , ► , , � �, . � . � � P�c . � i � 1 ' `� .` \ — � � + i i I ` t; ' i i s, � �c � . _ .. . . AREA MAP APPLICANT ____ MERVYN H. HOU �H LEGEND — — ZONING DISTRICT 80UNDARY PURPOSE Rezone frorn RT-2 to RM-3 !<<�!!� SUBJECT PROPERTY O ONE FAMI�Y P�ANNING 1 �1STRIST 8260 �� TWO FAMILY FILE N0. • OATE January 19, 1978 - ��' 0 MULTIPLE FAMIIY • � n COMMERCIAL SCALE� 1'�� 200' NORTH � � � 1NDUSTRIAL MAP N0. SAINT PL1u�_ Di oN��ur. aneon v vnrwur � . �.. �`� � � _ �� - �b� ._ . +� � CITY OF 5AINT PAUL, MIMJESOT1k � PETITION TO AMENO CHA.PTERS 60 thru 64 OF THE LEGISLATIVE (ZO*IING) GOD� Note: Before the petitioner's proposal for rezoning �ri�I. be considered by the City of Saint Paul, property owners must consent to the proposed change. Before signing the petition which is a statement to that effect, the signer should be aware of uses per- mitted under the new classification. For further information about the rezoning of property, call the Zoning Section of the City Planning Office, 298-4154. TO THE HONORABLE MAYOR AND CITY COUNCIL ' �/�if'G(,�j'C/"� / c/o the City Clerk, Room 386 City Hall Datei D 19�7�7 City of Saint Paul, Minnesota Section 64.210 of St. Paul's Zoning Ordinance states that 677 of property owners within the area to be considered must consent to the proposed rezoning. Section 462.357(5) of Minnesota Statutes states thar 2/3 of property owners within 100 feet of the land proposed for rezoning must give written consent before the City shall consider the proposal. However, when the owner of said property has owned for any time in the past year additional real estate co�tiguous. to the land proposed for rezoning, 2/3 of the property owners within 100 feet of this larger package of property must give written consent. Pursuant to Section 64.210 of the St. Paul Zoning Ordinance and Section 462.357(5) of Minnesota Statutes, we, the undersigned, own property within 100 feet of the petitioner's land and hereby petition your Honorable Bod to rezone the followi g describ d property: ,(leg�al dgscripti n street res� 5'��c ��$ �a<-��A�Q /�de . d�e�j�.l deS�.Y�pfi,oa is s�-t �o�-�h � ►a �x`�n��b��- ►� /� �� A.t,�.��.�ne�Q tr� — � District to �"` � District, for the c� purpose o_ , ,e,w�i{� o ratinq the following: �� ►a ►'� A�cir� M Q^�� (deseri�e l�r�efly �he p�pos�d faei.li�y)�N�� N� W�,'��1 c.cc¢.SSer�t �a.r��¢.5d- c�0..�-�eru �re.c,�. ( ��w aiJ- �t�1 ��-M �r�� RECORD OWNER SI \ LOT BLOCK ADDITION subject Property: . v ms.rx. • Z( I AII�CS S �N��P�T�-L trr,t�t"-�� o � • , . � � � . � ( � , �' A/l��"l- �� cc �.3 r 'Z� �i Gi;�� , ��% vt � ��-�.�, �l�a� BloaC ZO, ��?A0.�e-�R��;cw � ' � � �� 131DC,�2/ �l 23 �'1C1.r�ez '�' FJ2.th V�C.�'1t1� (9- , o,�-t.e'�9 a �ile�Zo � C c�0 �. '�rr h �� .5 ��i�s ��SLf� /l�. 3� ,n � ��,y, e �- �r i ir' �Bf� �10�'�`� � !!� �D O�� `l/ , .� � � ��/�,_ _ �•�_, � . . � _� 09iN�R sZtSQkT�TRE Ii0'P , ., _BI.00K subjsct Property: a ` ,Cvf6 Av�lt�s �r��l�o�t uv<�38 /-�� fl-1��oc,� �` �� ` s�sv«s� �co- �a f� L��4 <�� rr��o �ia�2� s� ,s o zo o ,�'zi �a. �G� ��ST� f 3�L��- /-6�7 �� S�BDi'�/<Stc� /K�-31� _ -- �-------- --- ....--- -., �.� presence of this affiant, and that the signatuzes above are the true and correct � sic�satures of each and all of the parties so described. Subscribed and sworn to before me Addre s: � n 1 /� � T�Iep Onn No.` � �� a� `�1 �?'�' J'f✓�-�D�-. this day o 7�7 a��-�� 3q Approved as to form 10-27-76 the City Attorney ��Y� No ry Public, ey Courity, ��r'�� commission ex es � � ��v�'.<� � ��J� �� O (