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96-1379 `� ' �� # �(� -j3R9 � �� Council File t . e c �.. , e � . , , �' Green Sheet # �3�� y RE TION C O T PAUL, MINNESOTA a�p Presented By Referred To Committee: Date 1 WHEREA purs to Minn.Stat. § 462.357 and Saint Paul Legislative Code 2 § 64.400, Shirley M. u petitioned to rezone property commonly known as 885 Grand 3 Avenue (north side between Victoria and Milton), legally described as Lot 23, Block 22; 4 Summit Park Addition, from RM-2 to B-2C to allow a commercial use. The petition was 5 certified by the Planning Division on July 26, 1996 as having been consented to by at least 6 two-thirds of the owners of the property to be rezoned and further having been consented to 7 by at least sixty-seven percent of the owners of the property situated within one hundred feet 8 of the total contiguous property within one year preceding the date of the petition; and 9 10 WHEREAS, on September 5, 1996 the Zoning Committee of the Saint Paul Planning 11 Commission held a public hearing for the purpose of considering the rezoning petition and 12 pursuant to Saint Paul Administrative Codes §107.03 submitted its recommendation to the 13 Planning Commission that the petition be granted; and 14 15 WHEREAS, the Planning Commission considered the rezoning petition at its meeting 16 of September 13, 1996, and recommended to the Council of the City of Saint Paul that the 17 subject property be rezoned from RM-2 to B-2C in accordance with the petition for rezoning; 18 and 19 20 WHEREAS, on September 19, 1996 notice of a public hearing before the Council of 21 the City of Saint Paul on the said rezoning petition was duly published in the official 22 newspaper of the City and notices were duly mailed to each owner of affected property 23 situated wholly or partially within three hundred fifty feet of the property sought to be 24 rezoned; and 25 26 WHEREAS, on October 2, 1996 the City Council conducted a public hearing where 27 all interested parties were heard and the Council, having considered all of the facts, 28 recommendations and public testimony concerning the petition, makes the following 29 resolution; NOW THEREFORE, 30 31 BE IT RESOLVED, that the application of Shirley M. Flatau as conta.ined in Planning 32 File Number 96-175 to rezone property commonly known as 885 Grand Avenue and situated 33 on the north side between Victoria and Milton, from RM-2 (residential) to B-2C (community 34 business converted) to allow commercial use is hereby denied based upon the following 3 5 reasons: 36 37 1. The proposed rezoning will result in the disruption of the balanced mixture 38 of commercial and residential uses along Grand Avenue which has made the 39 neighborhood unique and successful. Disruption of the balance between 40 commercial and residential uses along Grand Avenue is not in keeping with the 41 development framework which has made Grand Avenue the unique and 42 successful neighborhood that it is today. 43 1 2. The proposed rezoning from residential to community business district will 1 � �7 q 2 result in an incremental increase in the amount of available commercial land in � � � � 3 a standard development area contrary to the development concepts in the East 4 Grand Avenue Small Area Plan. 5 6 3. The proposed rezoning could pave the way for the loss of residential 7 housing units and increase the amount of commercial development and the 8 problems attendant to commercial development including increased vehicular 9 traffic and parking demands along Grand Avenue. 10 11 AND BE IT FURTHER RESOLVED, that for the above stated reasons, the application 12 of Shirley M. Flatau to rezone the subject property is in all things denied; 13 14 AND BE IT FINALLY RESOLVED, that a copy of this resolution shall be sent to the 15 Applicant, the Planning Administrator and the Saint Paul Planning Commission. Y� Navs Absent Requested by Department of: a e ostrom arris � uerin e ar � e tman ✓ une v' BY� Form Approved by City Attorney Adopted by Council: Date "�,�, . � ��q� � � Adoption Certified by Council Secretary By: ��,�,�,�,� �,��'�v�-�--�� jv -- �c� � � 6 By� � �a 1�'��<��-�^ � Approved by Mayor for Submission to Z, �' Council Approved by Mayor: Date By: /V L�� _G��,�Li�//il By� . ��.-�� 9 � DATE 1NITIATED N_ 3 6 4 7 4 cit co,�n�ii io�3o�96 �'aREEN $HEET __ �o��er�o�ecroR NRUw�►re �cm courici� �Nrcuwo�r� ' Gouncilmember Dave Thune ��N �CITYATfORNEY �GTYCLERK M �. �) �� BUDQET DIRECTOR �FIN.A MOT.SERVICEB DIR. November 6, 1996 °"°�" ❑""^vo��°R"ss�sT""n ❑ TOTAL#F OF 8KiNA1URE PAGE$' (CLIP ALL LOCATION8 FOR SKiNATURE) , �cnc��ouea'reo: . Finalizing City Council action taken October 2, 1996, denying the application of Shirley M. Flatau to rezone property from RM-2 (residenfial) to B-2G (community business canverte�) to allow a commercia3. use at 885 Grand Avent�e.. °�°M°(�1 a�(R) PER80NAL�ERVICE CANTRACT'S MU8T AN8INER THE FOLLOMIINt#QUESTIOMS: _PIJUrNNrO C06MAI8s1oN �GVN.�EAVi6E COMMISBION 1. .Mas thls person/ftrm ever work�d und�r e conda�ct for ihis d��r�naft? - ' _CIB COIAMIITEE _ YES 'NO 2. Has M�penon/firm ever besn a dly employseY —$� — YES NO _DIBTRICi COURT _ 3. Do�s this PereoNflrm possese a skNl not normaqY Pos�ssb bY anY u+mM dlY ert�ploy�? BUPPORTB WF�1 t�ll 08,IECiIVE9 YES NO Explaln ali y�s Miw�n On s�p�nt��fiNt and attaCh to�w11 shNt INITIATMIGI PR08LEM.188UE.OPPORTUNITY(Who.WMt.V1A��VW�sro�WhY): ADVANTAOES IF A�ROVED: DISAOVANTAOE8IF APPROYED: COUnCiI F��rt� (;ent�' OcT 3 i 1996 DISADVANTAOEB IF NOT APPROVED: �� T07AL AMOUNT OF TRANiACTION = G08TlRE1/�NUE BUDGETED(CIRCLE�IE� YES NO FUNDIHQ iOURCE ACTIVIT1f NUMBER FINANCIAI,INFORMATION:(EXPLAIN) ' OFFICE OF THE CITY ATTORNEY Trmothy E. Marx, City Attorney q 1 l�' `��q CITY OF SAINT PALTL Civil Division Norm Coleman, Mayor 400 City Hall Telephone: 612 266-8710 15 West Kellogg Blvd. Facsimile: 612 298-5619 Saint Paul, Minrresota 55102 October 30, 1996 HAND DELIVERED Nancy Anderson City Council Research Room 310 City Hall/Court House Saint Paul, MN 55102 RE: Application of Shirley M. Flatau, Planning File No. 96-175, to rezone property at 885 Grand Ave. from RM-2 (Residential) to B-2C (Community Business Converted) . Council Hearina: October 2, 1996 Dear Ms . Anderson Attached please find the signed original of a resolution finalizing the decision of the Council in the above entitled matter to deny the application to rezone the subject parcel . The application was heard by Council on October 2, 1996 . I believe that Council voted 5 - 0 to deny the rezoning. Please note that this resolution must be placed on the consent agenda for the November 6, 1996 council session. Very truly yours, �-�i��Gt`Z'�'`�� Peter W. Warner Assistant City Attorney attachment CC : Planning Staff, Dadlez DEPARTMENT OF PLANNING � � —� �� 9 &ECONOMIC DEVELOPMENT S� CITY OF SAINT PAUL Division of Planning Norm Coleman, Mayor 25 West Fourth Street Telephone: 612-266-6565 Saint Paul, MN 55102 Facsimile: 612-228-3314 �'"`''—v.,. September 17, 1996 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: I would like to confirm that a public hearing before the City Council is scheduled for Wednesday October 2, 1996 for the following zoning case: Applicant: SHIRLEY M. FLATAU File Number: #96-175 Purpose: Rezone property from RM-2 (residential) to B-2C (community business converted) to allow a commercial use. Address: 885 Grand Avenue (north side between Victoria & Milton) Legal Description of Properiy: Lot 23, Block 22; Summit Park Addition Previous Action: Planning Commission Recommendation: Approval, vote: 10-3 (one abstention), 9/13/96 Zoning Committee Recommendation: Approval, vote: 6-0, 9/5/96 My understanding is that this public hearing request will appear on the agenda for the September 25, 1996 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6582 if you have any questions. Sincerely, � r,r.��-�.�,. �� +"��r.'+l'�s't�> �,�'��e:�` I� LL. G�`-' .. : �;�':jL� v Kady Da lez City Planner Zoning Section , ��,;��,�; ;�: � f �;;� � .,� cc: File #96-175 � . ` ; � ;;" r ? .,,;., �i°�ol� �''he Saint Paul City Council will condnct a p�blic hear,�qg�nl�Netla. ;` Mike Kraemer �er 2, 1996, at 4:30 p.m., ia ttie•City Cauncil Chamlier�, Third Donna Sanders ��.to consider the application of Shiriey 1VI:Flatatu ts rezbae pr+c��rty ' �� (residentfal)to B-2C{community busineas converted)W"allo�v a commsr�� t 885 Grand Avenue(north side between.Victorla and Miltun). �CSeptember i7, 1996 ' Y ANDERSON Assistant City Council Secs�r �MjlM��r 3!. �66) DEPARTMENT OF PLANNING &ECONOMIC DEVELOPMENT ^ � �� CITY OF SAINT PAUL Divrsron of Planning Norm Coleman, Mayor 25 West Fourth Street Telephone: 612-266-6565 Saint Paul, MN 55102 Facsimile: 612-228-3314 � September 23, 1996 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #96-175: SHIRLEY M. FLATAU City Council Heazing: October 2, 1996, 4:30 p.m., City Council Chambers PURPOSE: To consider rezoning property at 885 Grand Avenue from RM-2 to B-2C to allow a commercial use. PLANNING COMMISSION RECOMMENDATION: APPROVAL 10-3 (one abstention) ZONING COMMITTEE RECOMMENDATION: APPROVAL 6-0 � STAFF RECOMMENDATION: APPROVAL SUPPORT: One person spoke. OPPOSITION: Two persons spoke. Summit Hill Association opposes the rezoning petition. Dear Ms. Anderson: SHIRLEY M. FLATAU submitted a petition to rezone property at 885 Grand Avenue. The Zoning Committee of the Planning Commission held a public hearing on the proposed rezoning on September 5, 1996. The applicant addressed the committee. At the close of the public hearing, the committee voted 6-0 to recommend approval to rezone to B-2C. The Planning Commission upheld the Zoning Committee's recommendation for approval on a vote of 10-3 (one abstention) on September 13, 1996. This proposed rezoning is scheduled to be heard by the City Council on October 2, 1996. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerel , Ken Ford Planning Administrator KF:kd Attachments cc: City Councilmembers . � city of saint paul � planning commission resolution f�e number 96-50 �te �epterrLh�r 13. 199� WHEREAS, SHIRLEY M. FLATAU, file #96-175 has petitioned to rezone 885 GRAND AVENUE, situated on the north side of street between Victoria & Milton, from RM-2 to B-2C to allow a commercial use; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on September 5, 1996, at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64.400 of the Saint Paul Legislative Code; and WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing, as substantially reflected in the minutes, made the following findings of fact: 1. The applicant owns the property and intends to rezone it to B-2C and sell it for commercial use. She has owned and lived in the five-unit house for about 20 years. � She resides in one unit, her mother in another unit, and the remaining units are rented. The purchaser and developer of the property, Sage Company, intends to purchase both 885 Grand and 881 Grand (already zoned B-2C) and anticipates a use consistent with a B-2C zoning classification. 2. The proposed rezoning is in conformance with the comprehensive plan for the city. The Land Use Plan identifies this stretch of Grand Avenue as a mixed use strip. There are commercial uses to the east and west in B-2 and B-2C zoning districts. The proposed land use for the property in the District 16 Plan recommends a commercial/ residential mix and one of the land use proposals states, "encourage the continuation of the residential and commercial mix on Grand Avenue" #5, p.9. B-2C zoning allows a residential/commercial mix. One of the goals of A Plan for East Grand Avenue states, "to maintain the ambiance of Grand Avenue as a mixed-use shopping and residential street by ensuring that commercial development is compatible with adjacent residential property" #1, p.3. The plan also states, the pressure to develop Grand Avenue further should be channeled to moved by Morton seconded by �, in favor 1- a��t-sser, Gordon, Schwichtenberg) ( Mardell abstained) � � �^ � � `� � � Zoning File �/96-175 Page Two of Resolution "non-conservation" areas, #5, p.6. The plan identifies three development concepts for Grand Avenue: conservation areas, standard development areas; and potential redevelopment areas. The subject property is located in a standard development area. 3. The rezoning is consistent and compatible with the way the area has developed and will not have an adverse impact on surrounding property. There are commercial uses to the east and west and this is the only house on the north side of the block that is residentially zoned. Grand Avenue is a thriving mixed use street accommodating between 10,000 and 13,000 vehicles per day. 4. The applicant submitted a suf�cient petition signed by two-thirds of the property owners within one hundred (100) feet of the property to be rezoned consenting to the rezoning (10 parcels eligible, 7 parcels needed, and 7 parcels signed). 5. There will be adequate off-street parking to serve the proposed development. The off- street parking requirement for the proposed development is 16 spaces, 1/400 square feet of gross floor area. The site plan indicates 16 spaces. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission that the � petition of SHIRLEY M. FLATAU to rezone property at 885 GRAND AVENUE, more particularly described as Lot 23, Block 22; Summit Park Addition, from an RM-2 zoning classification to a B-2C zoning classification is consistent with the Comprehensive Plan for the City; and BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to the Council of the City of Saint Paul that property located at 885 GRAND AVENUE be rezoned from RM-2 to B-2C in accordance with the petition for rezoning on file with the Saint Paul Planning Division. � � � Planning Commission of Saint Paul � ,a'�y; City Hall Confcrcncc Ccntcr �c7:i, 15 �Vcst Kcllogg Boulevard , �'4=.`c� ._, �,.�. S:�int Paul, Minncsota 55102 -�.sa��.�� '��' '�,�•- ri`'� `�;v • �\.. �.7a' .. .� ' ti:. A mecting of the Planning Commission of thc City of Saint Paul was held ., ep �;;��3, 1996, at 8:30 a.m. in the Conference Center of City Hall. �g.�.��;�;: �� ` �_ x. ':i,�.��,-�'� •_. Commissioners Mmes. Faricy, Geisser, Maddox, Morton, Treichel encl, and Messrs. Present: Field Jr., Gordon, Kramer, Mardell, McDonell, Schwichtenberg, Sharpe and Vaught. Commissioners Mmes. *Lund-Johnson, and Messrs. Chavez, *Gurney, and *Lee, Absent: - *Excused Also Prescnt: Pcter WArncr, Assistant City Attorney; Ken Ford, Planning Administrator; Jean ' Qirkl�olz, Kady Dadlcz, nnd Roger Ryan of tl�c Planning Staff. I. Ar��rov:il of hlinutcs of August 23, 199G MOTION: Coirimissioncr�i'ield nioved iiji�roval'of the:minutes of Aiigust 23, 199G; � , ,; ,, Conunissioncr'I'ccichcl sccondcd thc tnotian which carricd unaniniously on:a voicc v�tc; II. Clilir's Announccments Cl�air McDoncll introduccd Tim Mar�c, City Attorncy. E(c uddcd tt�at, in tlic futurc not evcry mcctins will havc a City Attorncy in nttcndancc. Zoning Committcc Cliair Morton and I�c , will idcntify agcnda itcros wliicl� look as tliougl� tlicy will liavc nccd for some Icgal interprctation and tl�cn will requcst support from tl�e City Attorney's office on tl�ose items. III. Gucst, Tim Marx, City Attorncy Mr. Marx stated that generally, Peter Warner will be at all Zoning Committee meetings. Commissioner Gordon suggested that l) those issues that require legal interpretation, so far as they can be identified, be put at the front of agendas; and 2) to the extent possible, the City Attorney be scheduled to be in the office so that he/she is available so that if some thing does come up later in the meeting that requires an attorney's advice, the Planning Commission can call on him/her. IV. Planning Administrator's Announcements - Mr. Ford announced that last Wednesday the City Council granted the Como neighborhood's appeal to the City Council regarding the Planning Commission's decision on • the special condition use permit for the Tires Plus facility at Larpenteur and Dunlap. They found error in the Planning Commission decision with respect to the adequacy of ingress and egress. Since there is no provision for ingress and egress on Larpenteur Avenue, it was . unsatisfactory. And they found error with the conclusion that the facility would not mean a . � � � �- t �� I • substantial cliange in tl�e character of the area. They also denied tlic appeal on tl�e restriction of hours. - Comfort Bus facility: Thc application has been withdrawn; the owner of the land had some trouble witl� easements over the railroad for tliat facility and has made some otl�er decisions about the use of tlie land. - Some planning commissioners and some members of the planning staff arc attending tl�c Vital Communities Conference in Minneapolis today and tomorro�v. - Mr. Ford announced tlie Upper Midwest Re�ional American Planning Association Conference is coming up in St. Cloud on September 25-27. - The Mayor has sent his nominations for the three vacant positions on the Planning Commission to tlie City Council; expected to be on their agenda September 25, 1996. He listed them: Peggy Qirk, fln zttorney with St. Paul Companies; Dick Nowlin, an attorney with Dohcrty, Rumble, und Butler; And Esperanza Duarte, an accountant for Ramsey County. - Mr. Pord infornicd commissioners tliat Kady Dadlez was present witli her camera today to snap pictures of people in meeting settings for the Planning Commission Annual Report. Commissioncr Mardcll �skcd whcn thc long-awaitcd study of downtown parking facilities will b� complctcd. � Mr. f'ord �ns�vcrcd that thc basic study �nd analysis havc bccn complctcd; stafF is working on a res�oiisc. I Ic sug6cstcd tl�at 1 rcport bc prescntcd to thc Commission. Commissioncr Gordon askcd Mr. Pord, what usagc is bcing Applicd to thc rccent Comfort Qus Facility sitc. Mr. Ford respondcd that hc did not know. Ct�air McDoncll announced tl�at today at 11:30 a.m., Osborne Plaza, BOMA is sponsoring n tcnt and apprcciation party open to evcryonc; pizza and pop will bc servcd until it runs out; thc Gophcr Marching Band will play. V. doning Committcc �— John P. Sauro - Nonconforming use permit to re-establish an artist studio on property zoned residential that was previously used as a beauty salon & vacant over 1 year at 344 W f:ellogg Blvd (zoned RM-1). ��f .OTtO�'i: Com�nisstoner}�o�on moved appraval af the requested noaconfQr��ng iise ��ermtt to:re-esta6lish an art�st siud�n�n pr�percy.zone�r�s�cf�nt�al that was pre�rtously us�d as a beauty saton&�racant over l �eac at'.�44�.�Cellagg;�lvd,,�bat'camed �triantmous�y oi� ......... ......... ... ......... ,... ........ ......... .............. a:voic�:;yote: �� S�hirlev M. Flatau - Rezone the property from RM-2 (residential) to B-2C (community business converted) to allow a commercial use at 885 Grand Avenue. �.:.>,.;>�<.;�<.;:.: . . . . ::.:. ..:...<,<:<.:.,,. ,:.::.:.,.n..:.v:.,:...,..,.,.,..::.nv:::::.:....:.,,.:. �� mma�s�an��.:�sirton mvved�PP:r..a`v�,�;�� u�st ia ieivne the "'r.::'v:`<.�`::. at�A� ....:........:........ .... ,:...: :.�.:.:.....:<:,,..,. .:�.,.v:::,..N.. .:..::, : . ....:::.:P.::....P......+:�h'.............:;.: �....:<.i:.i}..:.:......:.::.::....:{.;�.;:!•ii:.:,r,.•.;:::.:,.;:.::v:.;{}:•Y;'?;',i;•.}�r.:;::;.:v.;;}::\{.;4;:f.}.;. ...Y..;...:i:?.G:...fi... T'......n.. ..}•ri ' .. • 'rand Avenue#'r�cn�.RM 2 residen�i��} �o� �G,c�m�muni}`.,�.."y": :`}i.�y:.s`��/}a�c's'�o:i�vcrtedJ( to �1�1o�:::a �i,c4i:w./•nfii/�iYi�iif4:ii'v:NJ:•lr:riJ.^:Yh:iii:4i:{Ci�•w:�r:4i'rri::fii'rr:4:i�4'•i::rik:k•ir.viii:i$:4�•i%�iii:F/'.J.iw'''NuY"�f/iYlr'FiiX%iI>i�:i%lriiiiHii:•'iii:r.•:•'r'•,Tii:`vnG:•:•:•:•i:�:•i<:•`:•::::%::: 2 � COOlmerCi8{ USC. • Commissioner Gcisscr spokc against tlic motion. Slie said slie viewed this as a policy issuc. She referred to tlie Plan for East Grand Avenue, part of tl�e Comprehensive Plan. St�e questioned interpretation in points 2. and 3. of tlie staff report. She was chair of thc task force for tlie Plan for East Grand Avenue. Sl�e stated tliat in 1982 tl�ere was a task force tl�at rezoned Grand Avenue tl�at allowed for a compatible commercial-residential mix. A new zoning district tvas created in 1982 called B-2C conversion that allowed commercial uses in residential type structures. Tl�e intent was to maintain tl�e houses on the Avenue and allow businesses to operate in tliem. Some owners cliose to live and conduct business out of tlieir I�omes, wl�ile others ran businesses and rented apartment units above; others just became business enterprises. But tlie houses were always tl�ere. In 1989, the East Grand Avenue Plan �vas adopted. Tl�e task force stressed that in making decisions, tl�e miY (commercial- residcntial) must always be maintained. Both tlie businesses and the residents understood tl�at. Tl�ree strategies for tlie design of tlie Avenue were designated: 1) conservation areas; 2) standard development areas; And 3) potential development areas. The area in question today was defined as a standard development Area: standard development areas do not sliow tl�e design and land use consistency found in conservation nreas but neither is re-development deemed necessary. Decisions in these areas should emphasize full utilization of existing commercial space, not incrcmcntal ndditions to commcrcia) land. Whcn thc rczonings occurrc:d in 1982, only singlc family units and duplcxcs were sivcn thc • option of bccomiiig B-2Cs. No multi-family units wcrc convcrtcd. Thc housc at 885 Grand Avcnuc is a multi-family unit 1nd was intcndcd to rcmain that way to cnsurc thc residcntial mix was rctaincd. As far ns tl�c [3-2C zoning is conccrncd, it was always intcndcd that thc busincsscs rcmain in tliesc houscs so tl�c unique cl�aractcr of tlic Avcnuc bc retained. If tl�is rezoning is approvcd, all residcnccs on thc nortli sidc of tlic block will bc eliminated. Slie wcnt on to say that tl�c intcnt for major rcdcvelopment was for "potential development arcas," not for "standard dcvclo�ment Arcas." Regarding #3 of tlie staff report wliicli states tl�at tliis action is consistent and compatible witli tlic way tlie area has dcveloped, she statcs, tliat tlie applicant, the Sage Company, intends to tear down two perfectly good houses. Their intent to add to tl�e character of tl�e neigl�borhood is to build a mall in tl�e middle of the block. In doing this, they will have c�eated a block without a residential-commercial mix. Commissionec Geisser summed up by saying that the strength of Grand Avenue resides in the small scale commercial-residential landscape, and that character is enhanced by the use of older structures, including houses for commercial use. The proposed mall is inappropriate to this block. Commissioner Gordon asked members of the Zoning Committee to tell the Commission the nature and basis of the opposition by the Zoning and Land Use Committee of the Summit Hill Association, and also the basis for opposition of the two persons who spoke at the public hearing. Zoning Committee Chair Morton responded by saying that Commissioner Geisser covered • some of the things that were objected to - they wanted residential to remain on that block and � 3 � � 1.�' � �i� � � tl�cy did not likc tl�e use tl�at tliis property is going to bc put to. Sl�e reminded commissioners that as a Zoning Committee, their charge is to look at land use allowed and not tl�e developer's specific use. Commissioner Vaught supports the motion to rezone. He finds that mucf� of wliat Commissioner Geisser said �vith respect to the nature of new construction, tl�e use of tl�at new constniction, and much of the opposition of the persons wlio testified, is irrelevant to tl�is zoning decision. He added that if there is a fault with wt�at is going to happen, tl�en tl�c fault is witl� wliat is allowed in B-2C zoning. He argued tliat if it �vas tl�e intent of Ii-2C zoning not to allow reconstruction of property, tl�en tliat sliould have been a facet in B-2C zonin�; and it is not. He went on to say that althougli it may be tl�e feeling of many of tlie people who were present at the creation of B-2C zoning that, in fact, it was intended to allow commercial uses of what were otlienvise residential structures, it did not find its way into tlie uses in �vliicl� one may put a B-2C zoned parcel. Also discussed at the Zoning Committee meetinb was the fact tl�at tl�is particular propecty was ori�inally zoned B commercial, and tl�at it was down-zoned to RM-2. At least until 1989, tl�e Certificate of Occupancy for tliis property, wl�icl� is issued by tlie City, indicated tl�at it was a B-2 zone. So he argued, tl�at tlic question simply becomes not one of wliat is tl�e intended use, because tl�at's irrelevant to fl land usc question, but what is the appropriatc land use, given the nature of B-2C zoning. Commissioner Ficld commentcd that hc was dislurbed that peoplc who testified totally agrecd that the specific development was not the issue, procceded to discuss demolition of buildings, in fact, trying to sway with an issuc that was irrcicvant to land usc. � Commissioncr Trcichcl had qucstions: 1) Did anyonc follow up on #l: "Thc npplicant statcs tl�at thc property was zoncd for commcrcial usc 1t onc timc and it was rczoncd to residcntial without hcr knowlcdgc or conscnt;" 2) Cnn 1 structurc in nn RM-2 zonc not bc dcmolishcd; must it bc zoncd a B-2C to bc dcmolislicd; and 3) Wt�atevcr might bc donc on tlic property, docs it not nccd to go tl�roush dcsign rcvicw, nnd is not tliat tlic placc wl�crc tfic conccrns for n ncw building sliould bc takcn up? Mr. Ryan nnswcrcd tliat 1 ncw building would liavc to go tlirougl� sitc plan rcvicw and tliat a structurc in RM-2 can bc dcmolislicd. Commissioner Vaught commented tliat it does appear that in 1975, this property was down zoned from B-2 to RM-2 as part of the rezoning of all property in the City. However, at tlie public hearing, the applicant's attorney presented a Certificate of Occupancy for the property stating tl�e zoning as 8-2. Commissioner Geisser contended that the Planning Commission does have the authority to leave this property zoned RM-2 and comply with the intended commercial/residential mix for Grand Avenue. She also suggested asking the developer to find different locations and move these perfectly good houses that will be demolished if the developer's plans go through. Commissioner Morton asked the Commission to look at the resolution rather than the staff report when addressing our questions. She pointed out that the resolution did eliminate a portion of item #1 and all of#6. . Commissioner Gordon stated that he would support Commissioner Geisser because the specific commercial/residential mix on Grand Avenue is the reason that Grand Avenue is � 4 1 considered one of tlie jewels of Saint Paul. He feels very l�esitant about cl�anging tliat mi�. � Commissioner Scl�wicl�tenberg stated tliat lie also tvould support Commissioner Geisser. Hc statcd tl�at in choosing to dismiss tlie City Comprchensive Plan in this question, and ascribing to tl�e minutia of tl�e Zoning Code, tlie Commission is, he believes, abandoning clear community consensus. He stronsly believes tl�at the Commission's trend of deciding cascs by zoning minutia will be destroying our economic base. 7'I�e Commission, more and morc, is dismissing the Comprel�ensive Plan and making decisions on tl�e basis of zoning minutia. He hopes that soon tl�e City and tlie Plannin� Commission address tl�e larger policy question of can Saint Paul have a Zoning Code tl�at is subordinate to the City's Compreliensive Plan and a mechanism wl�ereby clear community consensus can be put into policy. ' Commissioner Vaught responded that he takes issue with Commissioner Schwicl�tenber�'s description of tlie Zoning Code us minutia because it is, in fact, law; and as lon� as it is the law, he �vill make decisions, in ns much as he interprets them in concert tvith the law. Commissioner Scliwictitenberg Added tl�at fl statute recently adopted by the Minnesotal Legislaturc mandates tl�at tlie Zoning Codc bc in conformance witl� tl�e Comprehensive Plan; tlic Compreliensive Plan bcing tl�e governing law and tlie Zoning Code is subordinate to tliat. Commissioncr Mardcll stated he would nbstain because of a possiblc conflict of interest. ... Thc motion on tJic flopc to rczonc camc.d ;l0 3 (Gcuscc,'Gordon, Sch�v�chtc�berg�,:��tth alc . .... :... . .. .: _ . abstention(Mardell) on a roll call vote � Suburban Lit�htin� lnc. - "I'wo sigi� v�rianccs to ullow ncw signagc (400 N Dalc Strcct; zoncd RM-2). ��'_(QN: Commiss�ancr Mo�ton m;ovcd:appcaval of thc rcgucstcd,sign vac�aoces to Rllo�v , _. .. :....::.. :: new signage at 400 Nor�h Dalc Street which carricd unanimously on a vaice vote Constancc Douglas - Modi(ication of rivcr corridor standards to allow construction of 1 singlc family I�omc on slopcs grcatcr tlian 18% on F3atcs Avenue, eastside betwcen Clermont & Elliot Placc. OT[t�N: Commissioner MorEon moved approval of.the re�uest far:mndificat�on nf river cocc�dor standa�ds fo atla�v conshucfwn of a eiagle family hvme on Bates A,venue, eastside , .....:.. .......:: bet�veen Ctermont and>Ell�oc Place w�th fhe condttions stated:in the resotuE�on; Commissioner Maddo.c stated that she would abstain from voting because this property adjoins hers. .....:.. ..:... .�.:�.:::::...� ... The motton orr.the floar cacned ��..�;:witi��ne.�bsteiit�vit a:dox;on a votce�Qte; .. .: . .. ... .. ,..:.:., ..,. .. . .. ...... . . ..:. Commissioner Morton read the agenda for the next Zoning Committee meeting, Thursday, September 19, 1996. Recent Aoaeals to Citv Council - Discussion • � S � _ �IL- I ��I • MINUTES OF THE ZONING CONII�IITTEE CITY COUNCIL CHAMBERS, SAINT PAUL, MINNESOTA ON SEPTEMBER 5, 1996 PRESENT: Mmes. Morton and Wencl; Messrs. Chavez, Field, Kramer and Vaught of the Zoning Committee; Mr. Warner, Assistant City Attorney; Mme. Sanders and Mr. Ryan of the Planning Division. ABSENT: Faricy, excused Gurney Time: 3 :42 - 5:05 p.m. The meeting was chaired by Gladys Morton, Chairperson. SHIRLEY M. FLATAU; 885 Grand Avenue; northside between Victoria and Milton• #96-175; Rezonincr; Rezone the property from RM-2 (residential) to B-2C (community business converted) to allow a cammercial use. " Roger Ryan, Planning Division staff, reviewed the staff report and presented slides. Staff recommended approval of the petition to rezone to B-2C based on findings 1 through 5 of the staff report. Commissioner Field reviewed that the application was a request to rezone the property to B-2C. He reviewed that it was a question of land use and that the submission of the proposed site was irrelevant to the decision at hand. � Commissioner Vaught asked staff to elaborate on the discrepancy of the property's zoning in the period stated in the staff report. Mr. Ryan responded that zoning maps show that the zoning has been RM-2, multiple family, since 1975 when the zoning code was adopted. However, the applicant does have an original Certificate of Occupancy stating the zoning as B-2, which staff believes is in error. Commissioner Vaught said he would presume that if a property owner is in possession of a certificate of occupancy that states B-2 zoning that property owner would be allowed to use the property for any B-2 use, as the City had issued the property owner that Certificate of Occupancy. Mr. Ryan declined to respond, suggesting that to be a legal question. Brian Alton, 951 Grand Avenue, representative for the applicant, spoke. Mr. Alton said that Ms. Flatau has an original Certificate of Occupancy, with a date of 1978 which states that the property is zoned B-2. Shirley Flatau, 885 Grand Avenue, spoke. Ms. Flatau reviewed that she has owned the property since 1977. She said the Certificate of Occupancy shows that when she purchased the property it was B-2 and remained B-2 for about 10 years. Ms. Flatau said when placing the property on the market this past spring that she found that the property had been down-zoned to residential without her knowledge. She reported that all potential buyers were looking to purchase the property for retail or commercial use, with very few inquiries relative to an apartment dwelling, and said she is the only building on the block zoned residential. Burt Elmer, Sage Company, the respective purchaser of the property, spoke. � Mr. Elmer reviewed that he had participated in two neighborhood association meetings and that they showed interest above and beyond the zoning change, 1 asking about their proposed use. Mr. Elmer said that they subsequently • reviewed with the Summit Hill Association that it would be a wellness spa center with natural body products that would be available for sale. Mr. Elmer briefly reviewed Sage's interest and reported that BWBR Architects from Saint Paul assisted them in designing a building with the character representative of Grand Avenue, and one that would fit specifically within the context between Victoria Crossing and Milton Mall. Mr. Elmer deferred to Chuck Knight, BWBR Architects to review the proposal. Before Mr. Knight spoke Commissioner Vaught said he did not intend to consider positively or negatively what was going to be made of the property, because he did not believe the zoning code allows the committee to do that, stating that would essentially be a market decision for the property owner. He said he would focus on whether or not a B-2C zoning in a general sense is the proper zoning for the property, which takes into account things like surrounding property and uses in the area but that doesn't take into account the specific use for the property. Commissioner Vaught noted the meeting minutes of the Summit Hill Association that included substantial discussion as to the type of project, and said that oftentimes such a distinction is not made by community groups. He pointed out that the request is not for a special condition use permit, it is not a site plan review, but is a petition for rezoning, and reiterated that should the committee approve the application for rezoning that the committee would only be approving the land use, not the proposed project. Chuck Knight, BWBR Architects, spoke. He said that they were asked to design a building that would fit within the neighborhood, be appropriate in its design, and be a part of what their client is looking for in such a facility. Mr. Knight said that the Summit Hill Association had been shown all of the � studies that were undertaken which were in response to the Grand Avenue culture and architecture that's within the area, and which responded to the setback requirements. Mr. Knight reviewed the design rendering, noting that it is a two-story, with the lower level being more commercial, and the upper level business office space. Commissioner Vaught asked whether the choice of B-2C rather than B-2 zoning was not so much driven by the specific use, but driven instead to make the zoning consistent with the zoning at 881 and to establish some logical pattern with respect to the rest of the zoning for lots of this type on Grand Avenue. Mr. Alton agreed. He said that the applicant currently owns 681 Grand and does not intend to rezone that to B-2 but want it to be consistent with the other properties on the block with the attendant restrictions that B-2C comes with including the lot coverage, the setback, the use restrictions and the parking. Commissioner Vaught stated that characteristically the committee doesn't think of B-2C as a zoning which is applied for with the intent of tearing down the structure and constructing another one, but more traditionally for allowing a more multiple use for a structure which is going to remain. John Rupp, 366 Summit, one of the owners of Victoria Crossing West, which is on one end of the block in question and the Milton Mall on the other end of the block, said the ownership of both of those malls supports the zoning change to B2-C. Chris Trost, Executive Director, Summit Hill Association, submitted a letter from John Siekmeier, the President of the Summit Hill Association, in opposition to the rezoning. Ms. Trost reviewed this letter outlining areas of opposition including: � 2 �� C� �� • • There has been no fundamental unfairness regarding the rezoning of 885 Grand; • 885 Grand is economically viable as a residential property; • Rezoning 885 Grand is in opposition to the District 16 Plan; • Demolishing 881 and 885 Grand is in opposition to the District 16 Plan and the East Grand Avenue Plan; • This rezoning will add to the current parking shortfall and to the high traffic volumes; and • Summit Hill Association finds error with staff report findings number 2 and number 3. For further detail, a copy of the letter is enclosed in the zoning file. Commissioner Field asked Ms. Trost that if the applicant had submitted a proposal to put a toy store at the first floor of the building and to maintain the residential quality of their existing structure on the upper floors how the Summit Hill Association would react to that rezoning. Ms. Trost responded that she would not second-guess the position of the Summit Hill Association, however said it would still be a land use issue and because the district plan deals with the opposition to rezoning that she would guess that it would be looked at in the same manner. She said that the Summit Hill Association's Zoning Committee did ask whether Sage Company would consider having a residential use on the top part of the building with the understanding that the intensification would be less. Commissioner Field asked if Ms. Trost saw any difference between the proposed structure and any other structure zoned B-2C along Grand Avenue that has commercial on the first floor and residential on the second floor. Ms. Trost noted that the structures zoned B2-C with commercial on the first � floor and residential on the second floor were either single family homes or duplexes, whereas the proposed structure is a five-unit dwelling. Commissioner Kramer asked what the Board of Directors' position is on the rezoning. Ms. Trost responded that the full Board of Directors had not yet acted on the rezoning but will meet on September 12. However, she said the Traffic and Parking Committee, the Executive Committee and the Zoning and Land Use Committee have all endorsed the recommendation in opposition of the rezoning, which is essentially the membership of the full board. Commissioner Vaught asked Ms. Trost that if the proposal involved rezoning one of the apartment buildings across Grand Avenue on the south side to B-2C, whether such a proposal might be received as a more inappropriate rezoning than what is proposed as it is essentially an RM-2 island in a sea of B-2C and B-2 zonings. Ms. Trost responded that both instances would likely be seen as unreasonable requests. Commissioner Vaught said he could not conclude as the Summit Hill Association's Land Use and Zoning Committee did that this specific property being converted to a B-2C use of some type does very much to destroy residential character in the neighborhood, where eliminating a couple of apartment buildings across the street would. After reviewing meeting minutes from the Summit Hill Association's Land Use and Zoning Committee he questioned whether perhaps a substantial amount of the opposition had more to do with the specific development and its scale than with the rezoning to B-2C. � 3 �l Ms. Trost responded that there was much discussion about the specific • development, however that all members understood very clearly that they could not speak to the issue of whether they want or do not want a wellness center in their neighborhood. Ms. Trost, however, said that the scale is different, that the East Grand Avenue Plan very clearly talks about what the intention of a B-2C zone is and she believes that the scale of the plan does not fit within those objectives and that scale has been part of the discussion and part of the reason for recommending denial. Rosalyn Goldberg, 16 year resident of 1023 Grand Avenue, spoke in opposition. Concerns which Ms. Goldberg addressed included: • Her objection to tearing down houses to put in retail; • She quoted the Metropolitan Livable Communities Act where she said it states one of its purposes is to �� . . .preserve (maintain)/rehabilitate affordable housing" . Also it states that there must be a balance and create affordable housing where the employment base is expanding; • Grand Avenue is attractive to people because of its intimate charm, having older homes with boutiques on the front porch is what brings people to the neighborhood; • Grand Avenue is an historic neighborhood. Having homes mixed in with business is what makes Grand Avenue unique and needs to be maintained; • If torn down there will be no homes on the north side of Grand between Victoria and Milton; • She expressed concern over losing other residences to commercial use and what it would do to the mixed use. Doesn't want to see Grand become exclusively commercial; • She believes the mixed use of residential/commercial contributes to the safety of Grand Avenue. As a block leader for crime watch, and the S.E.E. Program, Summit Eyes and Ears, she said that there are no eyes and ears in empty retail space; � • Parking is a significant problem and she asked how the parking needs of a proposed business at this location would be addressed; • She opposes displacing six families in favor of building more commercial redundancy. Commented that there are enough businesses offering similar products of this nature along Grand; • Increased business on Grand increases traffic on Grand, which presents challenges such as parking for the neighborhood residents; and • She feels too many homes are zoned B-2C along Grand Avenue. Ms. Goldberg submitted a petition in opposition with 54 signatures, as well as her presentation notes. Bill Skally, of Skally's Tax Service on Grand and Dale, and owner of apartment buildings on Grand Avenue, expressed concern with the parking problems along Grand Avenue. As a member of the Summit Hill Parking and Traffic Task Force he said the task force is trying to come up with more parking spaces, and he said in that particular area there is a shortage of 150 parking spaces, and that right across the street from the proposed property there are four 24-unit apartment buildings with 96 units which do not have enough parking spaces. Mr. Skally said he's concerned over it changing from a residential use to a commercial use with the additional traffic and parking needs that he doesn't believe can be met. Mr. Skally said he'd like to see growth held back, was concerned for his tenants' safety as they are forced to park a ways from their buildings and that he was opposed to the rezoning. Mr. Alton reviewed that Ms. Flatau has offered the property for sale not for business but to anyone interested in buying it, and of 56 calls none were interested in purchasing the property for residential use. He said that she can no longer continue to use it for its present purpose, that it's a five unit building; one occupied by her; another by her 96 year old mother; and a third recently vacated by an 82 year old tenant; all of whom had been long- � 4 �Z . � �- 1��°I • term tenants. Mr. Alton said no upgrading nor remodelling has been done and that any purchaser would have to do all those kinds of things and he said he felt there was no reasonable residential use to which this property can be put to use at this time. Mr. Elmer, Sage Company, said that Sage is sensitive to the needs of the community and are involved in community concerns. Sage has looked at the costs associated with maintaining a few units on the second floor and found that it was not feasible. Feels there is a demand within the Grand Avenue area for office space and will attempt to address that need. Mr. Elmer said that architecturally they have responded to what the architecture is at that location, and will try to maintain and work within the setbacks. Coauniasioner Field moved approval of the petition to rezone to B-2C based on findinga 1 through 5. Commisaioner Vaught eeconded the motion. Commissioner Chavez asked for clarification from Ms. Flatau that to her knowledge the City did not make any information known to her that her property was rezoned. - Ms. Flatau said she keeps very good records and does not have any records showing that. She also stated that she does not recall any conversation regarding the rezoning of her property. Commissioner Chavez asked what interest Mr. Stolpestad had in this transaction as there is a letter dated July 25, 1996 enclosed in Commissioners' packets. Ms. Flatau said that Mr. Stolpestad has been the vehicle who directed her to the buyer, the Sage Company. • Commissioner Vaught moved amendments to the motion to: 1) Delete Finding H6 in its entirety. Commissioner Vaught felt that this paragraph wae irrelevant, and that the conflicting opinione of what has transpired is relevant, but he does not aupport this paragraph. 2) Amend Finding H1 Paragraph two: The purchaser and developer of the property, Sage Company, intenda to purchase both 885 Grand and 881 Grand (already zoned B-2C) and ��xtiGi a�� tgn �nne�3:��dut with a � �:C �oa�.ngl�la�i��.�i�at�:<►�i. ....... : . .. :..:.. . ...... .......... .... 3) Amend Finding H1 Paragraph one: Delete the last sentence: '£�!e B�Q��83l� 9�8�e9 L��'!@� `t'- ------�-- -- ----� r : , •�#�e as� ��a�—��ree—reee�e� t�see#�e�:�#a� w�b�e� L�� L��"1�� The amendmente were seconded by Commissioner Rramer and coneidered to be friendly amendments by Commisaioner Field. Commissioner Vaught said he would vote for the motion. He said he did not support it for the programmatic aspects of what the Sage Company propose. He • said that if this were a proposal to rezone the nearby apartment buildings to 5 � B-2C that he would not support it. He said the neighborhood has all the nice • aspects of an urban neighborhood without all the bad aspects and he would not like to do anything to destroy that, but did not believe that rezoning the property would do that. Commissioner Vaught said he considered this zoning to be an illogical RM-2 zoning in the midst of a sea of otherwise B-2 or B-2C zoning which is much more consistent with the zoning that is on that particular block face and the way it should be. Although not unmindful of the points that were raised, he did not think the rezoning would destroy the residential character that exists and represents an appropriate land use for that particular parcel. Commissioner Field also supported the motion. He stressed the fact that the proposed project by Sage had nothing to do with his decision, and felt if someone proposed a toy store there it would have easily been approved. He said he could only look at it as a land use issue, that it is spot zoning, and as such he felt the committee should correct the spot zoning and make it consistent with the other land use there. The motion carried on a voice vote of 6 to 0. Drafted by: Submitted by: Approv d by: � �� Donna Sanders Rog Ryan Gla s Morton Chairperson • . 6 �� 1L- ��`��l • ZONING COI�ITTBB 3TAFF RBPORT ==ams===�ms==a�t=saz=m==xm=ms FILB # 96-175 1. APPLICAN'P: SHZRLEY M. FLATAU DAT$ OF HBARING: 09/05/96 2. CLA33IFICATION: Rezoning . 3. LOCATION: 885 GR.AND AVENUE (north side between Victoria & Milton) 4. PLANNING DISTRICT: 16 5. LEGAL DSSCRIPTION: Lot 23, Block 22; Summit Park Addition 6. PR$SSNT ZONING: RM-2 ZONING CODB Rl3FBRBNCS: §64.400 7. STAFF INVSSTSGATION AND RBPORT: DATB: 8/29/96 BY: Kady Dadlez 8. DATB RBCSIVED: 07/26/96 DSADLINB FOR ACTION: 9/23/96 ==ee=e==e=x===a==mam=a=o====m=aa==asaas=es:saaa=:ss:sscaa=sa=essar==ss=eascm= __=====e===x=c==o=a===x===e=mx�ssm=xe=x===�a�:saasmssom==em=e=zs=�3==a=s:s=== A. PURPOSB: Rezone property from RM-2 to B-2C to allow a commercial use. B. PARCBL SIZ$: The parcel has 40 feet of frontage on Grand Avenue and is 150 feet in depth for a total lot area of 6,000 square feet. C. FsXISTING LAND II3Pl: The property is occupied by a home with five dwelling • units. There is a single car garage accessible from the alley and space for two additional cars. D. SURROUNDING LAND USB: North: Church, day care center, and shared parking lot in an R-2 zone. East: A duplex and retail shops in a B-2C zoning district. South: Parking lot in a B-2 zone and apartment buildings in an RM-2 zone. West: Retail shops in B-2 and B-2C zoning districts. E. ZONING COD$ CITATION: Section 64.400 (a) of the zoning code states, "the council may, from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed. " Section 64.400 (b) states, ��an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned. " F. HISTORY/DI3CII33ION: There are no previous zoning cases concerning this property. G. DISTRICT COIINCIL RBCOb�NDATION: The Summit Hill Association voted to oppose the rezoning petition. H. FINDINGS• • 1. The applicant owns the property and intends to rezone it to B-2C and sell it for commercial use. She has owned and lived in the five-unit (5 Zoning File #96-175 . Page Two house for about 20 years. She resides in one unit, her mother in another unit, and the remaining units are rented. The applicant states that the property was zoned for commercial use at one time and that it was rezoned to residential without her knowledge or consent. The purchaser and developer of the property, Sage Company, intends to purchase both 885 Grand and 881 Grand (already zoned B-2C) and construct a two story building and operate a day spa and retail shop specializing in body lotions and hand creams. 2. The proposed rezoning is in conformance with the comprehensive plan for the city. The Land Use Plan identifies this stretch of Grand Avenue as a mixed use strip. There are commercial uses to the east and west in B-2 and B-2C zoning districts. The proposed land use for the property in the District 16 Plan recommends a commercial/ residential mix and one of the land use proposals states, ��encourage the continuation of the residential and commercial mix on Grand Avenue" #5, p.9. B-2C zoning allows a residential/commercial mix. One of the goals of A Plan for East Grand Avenue states, "to maintain the ambiance of Grand Avenue as a mixed-use shopping and residential street by ensuring that commercial development is compatible with adjacent residential property�� #1, p.3. The plan also states, the pressure to develop Grand Avenue further should be channeled to "non- conservation" areas, #5, p.6. The plan identifies three development concepts for Grand Avenue: conservation areas, standard development areas; and potential redevelopment areas. The subject property is located in a standard development area. 3. The rezoning is consistent and compatible with the way the area has • developed and will not have an adverse impact on surrounding property. There are commercial uses to the east and west and this is the only house on the north side of the block that is residentially zoned. Grand Avenue is a thriving mixed use street accommodating between 10, 000 and 13,040 vehicles per day. 4. The applicant submitted a sufficient petition signed by two-thirds of the property owners within one hundred (100) feet of the property to be rezoned consenting to the rezoning (10 parcels eligible, 7 parcels needed, and 7 parcels signed) . 5. There will be adequate off-street parking to serve the proposed development. The off-street parking requirement for the proposed development is 16 spaces, 1/400 square feet of gross floor area. The site plan indicates 16 spaces. 6. The applicant states that the property was zoned B-2 in the past and that the property had been down zoned to residential without her knowledge or consent. This does not appear to be the case however. According to city zoning maps, the Grand Avenue property was commercially zoned in 1922. The property was rezoned to RM-2 in 1975 when the entire zoning code was revised (the applicant did not purchase the property until 1977) . The property continues to be zoned RM-2 today. I. 3TAFF RSCO�NDATION: Based on findings 1 through 5 staff recommends approval of the petition to rezone to B-2C. • �� 1 G�- � ��I . � ...;�::.:::�:::::::::::::::;::::::::��:::::::::: �� . �� :::::::::::: :::.:::>:::`::;:::: ::::::::::::�::::::::::::::::..:::::��::�:. ::::::::: :. r� � .- .n : :,�►:::..:::::::: PETITION �f0 AM�M . � -- � HE . N t� IM C.,vE :`;;.::`";?;r;►`:>>::>::>:: ::>;�<::>::::>::::>::>:::::: i:iitc:ii:t':i::.:;.>�:o->:;.::: :ax.>: .: :r..:;:r.;a;;>:.: �::��::::��.:::.�:::.� : ...� "��: : :::: :::. ::.::.:....::::...:::. .:.:::...... �.....�...,,..�..�:.:::: : :: ::::::::::�: :::::::�::::::::::::::::: : :::::::::::::::: :.:::.::.::.:::::::::.:�::.::. :�:::::�.;�::::::: ::::��::::�::::::::::::::::::::...:::::::.. Department of Planning and Fconomic Develo ment ;�:::��:::�'>: ��;�;;;;;;;;;;;;; • P ZoninSection g ;»`�'��k�:tlV':`;}`.":>;">`,:``��>::"�'��"<::::>>:>:'�>:<;:::::> ::::.:.�;:��,..��;:>::::»:::<;<>::>:::::>:: 1100 City Ha1l Annex ,� ;:::;.:.':�:;;::•�;;<::::> ,: ::., ;..�..;:>�>.:�:::�:�;:. ::;:»>::>: .. ::<;:�.. >:>�>'>::::::»:::::::::«�:<::>;:; 25 West Fourth Street :.:...�"'�i '� .. .:;.<:'�:<:�::::;::>:: :..�ir.,::<.:.::::::::::.:.:: S 'n i t Paul M NS1 a S 02 , 266-6589 --_— .. : ... _ __ . _ : _ APPLICANT � Property Owner Shirl e3r M_ Fl atai� Address 885 Grand Avenue City st. Paul St. Zip 55105_Daytirr:e phone 227-1676 ! �ontact person (if different) __ _ __. _ - _ _ w —� _- ��_—, PROPERTY Address/Location RR5 r.,-a.,� e�,a,,,,o LOCATION Le al descri tion Lot 23. �lock 22. su ' 9 P �i t �;rk Addition (attach additional sheet if necessary) ,_ � • TO THE HONORABLE MAYOR AND CITY C��lNCIL: Pursuant to Section 64.400 of the Saint Paul Zuning Ordinance and to Section 462.357(5) of Minnesota Statues, Shirleti M. Flatau , the owner of all the land proposed for rezoning, hereby petitions you to rezone the above described property from a xtK-2 zoning district to a�-2c zoning district, for the purpose of: enabling petitioner to use her property for the uses permitted in a B-2C zone. Petitioner's property was previously zoned B-2 and petitioner was not aware of the fact that it had been re-zoned (or "down-zoned") from B-2 to R.*'`-2. � i ; I (attach additional sheet(s) if necessary) Attachments: Required site plan �l Consent petition � Affidavit � Subscribed and swom to 5efore me this lsr day By< , �_, of July , 19 96 . Fee owner of property • / Title: 0''.�rr.�¢�� l� � Page 1 of �7 T STOt�TAi Nm'unrw�euc-�� Mr Qoma+.c-�a..t�.31. �1 • ZOIVING PETITION SUFFICIENCY CHECK SHEET +ZONING SCUP NCUP FIRST SUBMITTED RESUBMITTED DATE PETITION SUBMITTED: 1 '� ��' DATE PETITION RESUBMITTED: � � �� ` . • DATE OFFICIALLY RECEIVED: � � 15 �b DATE OFFICIALLY RECEIVED: � � � PARCELS ELIGIBLE: I a PARCELS ELIGIBLE: /� • PARCELS REQUIRED: � PARCELS REQUIRED: � PARCELS SIGNED: `" PARCELS SIGNED: � CHECKED BY: DATE: � ' �'` ' �b ZONING FILE 9b 'i�� , . ,�� CONSENT OF ADJOINING PROPERTY OWNERS TO REZONING � � J � � • We the undersi ned owners of propert within 100 feet of the total conti uous , 9 � Y 9 descriptions of real estate owned, purchased, or sold by Petitioner within one year preceding the date of this petition, acknowledge that we have been furnished with the following: l . A copy of the Petition of SHIRLEY M FLaTAU name of petitiorer 2. A copy of Sections through , inclusive of the St. Paul Zoning Code; and acknowledge that we are aware of all of the uses permitted under a District zoning classification and ►,�e are aware that any of these uses can be established upon City Council approval of the rezoning; and we hereby consent to the rezoning of the property described in the Petition of s%�/�PLE M � �� TA U to a ,�� L District. name of petitioner � LOT BLOCK ADDITION RECORD OWNER SIGNATUR DATE �1 r .� c.�._ z--� �.l i � 1 �'� c , ,' t/G�� .(,�, � � � � � ��'� ?- � C'`u rv E� � � C�� - �0� ' Z-3�I,� , � Mi K--G c:us►�;�'� � y � � _ , �J � � n � �'� �� y�� , , . , �; p� � � /�� /J � �, ,` A , ' .,s� :.1;! �5 aZ �Z °O o ro S .lI 3 �f �� u� �' �� !'l� �d�� .C�i�c�= �� -,� � Z��►G �Ci�v L��% , �� z 2� , � l� ��, ► � �I z 1 l� S'N�ki>Zth,M rci, �,� -- � �Q�� _ ��a'1. /Z'0. S�.S'�b �1 Z k ary�,��+d � � � �(/�i'� � � �� - (�. ticns shall not be considered as officially filed until the lapse of 7 working days • er a petition is received in the Zoning Office. Any signator of any petition may thd;-aw his name therefr - • Z�� NG [�� L.E —1`�-L '—''— Page 2 of �`1 CONSENT OF ADJOINING PROPERTY OWNERS TO REZONING • We, the undersigned, owners of property within 100 feet of the total contiguous descriptions of real estate owned, purchased, or sold by Petitioner within one year preceding the date of this petition, acknowledge that we have been furnished with the following: 1 . A copy of the Petition of ��-�I��Y N� �LATAU name of petitioner 2. A c op y of SeZta.au �°Nl�6 Q15�('��q , �iu�,of t h e St. Paul Zoning Code; and acknowledge that we are aware of all of the uses permitted under a B2� District zoning classification and we are aware that any of these uses can be established upon City Council approval of the rezoning; and we hereby consent to the rezoning of the property described in the Petition of .S�f1'/�P�E /k � fL 3A U to a �2 � District. name of petitioner • LOT BLOCK ADDITION RECORO OWNER SIGNATUR DATE � � � �-G''� 'I�"L�, �� a) zZ. �'`aro '� C�� Z 3��`,�� /�, - � MiK-�Glsh�,� `�� /�� ' / �� /� n� ,' n i/ \ � � � � � ' � .r; ,� . �.c�. � � ^-�> �� OO O o S 'l � �7 u� �q �0 Z7/ �'�'�iA/ � ' � ^ �bd�� ,CKiG� �, � Z��G y� �� c"' "� �' � �� Nr � �� zl�� st-r w�"u h, rci, � � � p� • n - ��S'!� C C Sk;tit I�, Petitions shall not be considered as officially filed until the lapse of 7 working days after a petition is received in the Zoning Office. Any signator of any petition may . withdraw his name therefrom by written rQquest within that time. - _ _ . .- � ZON�NG F��E ' 1s Page 2 of � Z� � . �� _ ��1� �TE OF MI?{NESOTA) : SS COUNTY OF Rni''ISt'f � �/��/ /�'1 —�l-�qTi}� , being first duly s�orn, depos2s and states thatShe is the person wno circulzt2d the within petitio� and cons2nt, consistino of paees; that af�iant is infor�ed znd believes that the parties descr�bed are the cwners resoectively or the lots placed i�;,mediately be=ore eac7 n�re, that cTrlcflt is inior^ed and believes that e�cn oT the parties described a�ove is the cwner o� property which is within 100 `eet frcm any proper�y o�.vned or purchased by petitioner or sold by peTitioner within one (1 ) ye=r prec��ing the dat� of this petition wnich is conticuous to the prep2rt;� �estribed in the pe*_i�ion; th�t exc��L sor N� none ot the parties descrieed abo��e hcs purchased or is pu-rcnasing prOaE�Ly �ron petitioner contiguous to the above described property within one �(1 ) ye�r o� the date OT �n2 petition; t}iaT. LhlS CGf15c!l� Wd5 SiCi1E0 �i;Y °cCf'1 OT Shc� ewners 'ITl %f1e D1'ES2f1C2 OT this af�iant, and that the signaiures are the true and correct signatures of each and all of �he parties so described. .��5 �2�nr�� ✓fi�/,�E Address � �/z ��- i�71� Te e�none Number Subscri�ed and sworn to berore me this ��day o� , 19 �l�o �� No a y Public s �ItOBERT WAYME STOLl�TA9 . . NOTARY PUBLIC-A�IINNESpTA �'�YCort�m.ExpN�es.hn.31, • �proved as to form - Feb. 85 ge 3 of �_ Planning De�artment ZQNING FILE � Z� �: � � � . i�i �I I ' ��I ■ ' ;fl ; � II'�;1=� ■ .,�� ::,, � �; I� . I�� I� :; i '�� ;�_ ��r. ffr�fii W i�f� { " 1 { f i f i ! : 1 ' �� mriu:mnn� � �_ �� ,�� i-r u � rr •' " i Y' r �C� ' . \1 � .;;�� ' I��1 �I f%,%I � f; �i 1 \ � :� GI W�I�l r 1�1 1�1 . 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Summit Hill Association . District 16 Planning Council Kady Dadlez 860 Saint Clair Avenue Planning and Economic Development Saint Paul, Minnesota 55105• 25 West Fourth Street Telephane 612-222-1222 Saint Paul, Minnesota 55102 Fax 612-222-1558 August 29, 1996 RE: Zoning File Number 96-175 Dear Ms. Dadlez and Members of the Zoning Committee of the Planning Commission, The Zoning and Land Use Committee of the Summit Hill Association/District 16 Planning Council met with Mr. Jim Stolpestad, Ms. Shirley Flatau and Bert Elmer, of Sage Company, to discuss and review their request to rezone 885 Grand Avenue from RM-2 to B-2C to allow a commercial use. After three meetings, the Zoning and Land Use Committee remains opposed to the request to rezone 885 Grand Avenue from RM-2 to B-2C for the following reasons: There has been no fundamental unfairness regarding the rezoning of 885 Grand Ms. Flatau's lawyers claim, on her behalf, that 885 Grand was improperly rezoned, from commercial to residential, without her knowledge. From 1922 to 1975, all structures on Grand Avenue were zoned commercial. In 1975 the new zoning code was adopted in Saint Paul. On Grand Avenue, property that was used commercially was zoned B2 or 63. Single-family homes were zoned B-2 and multi-family dwellings were zoned RM-2. This decision was made with great care and with much thought • for the future of Grand Avenue. It was understood that at some point, it might be neither economical nor desirable to maintain a single family home on Grand Avenue. At the same time, it was understood that it was imperative to the success of the Avenue to maintain a residential-commercial mix on the Avenue and that it would always be economical and desirabte to maintain a multi-family dwelling on the Avenue. In 1975, in a comprehensive plan, the multi-family dwelling at 885 Grand Avenue was zoned RM-2. Ms. Flatau bought 885 Grand Avenue in 1977. In 1982 the 82-C district was created for Grand Avenue. Single-family homes that were zoned B-2 were rezoned 62-C. Multi-family homes remained RM-2. The zoning of 885 Grand remained RM-2 in 1982. 885 Grand Avenue is economically viable as a residential property Ms. Flatau has decided to move for reasons that are entirely unrelated to living on Grand Avenue. She made it very clear that she has toved living on Grand Avenue, that she has never had a problem renting her five units and that she has never had a vacancy at 885 Grand in twenty years. The zoning of her property has never been an issue until she decided to sell her property. Furthermore, when asked, Ms. Flatau told the ZLU committee that she could probably sell her property as residential, that she has not marketed her property as residential, and that she is interested in selling her property for the best price. But at what price to the community? � z� . l�c� � �� • Rezoning 885 Grand is in opposition to the District 16 Pian. 1. "The Summit Hill Association supports the current zoning on Grand Avenue and will strongly oppose any less-restrictive zoning or spot zoning or variances." 2. "A commercial and residential mix along Grand Avenue should be maintained, with further expansion of commercial operations limited so as not to destroy the residential character of the neighborhood." 3. "A commercial and residential mix along Grand Avenue should be maintained. Developments should strive to make existing commercial spaces more successful rather than increasing commercial space along the Avenue". Robert Sprague, consultant to GABA and former director of PED, observed that we had to be very careful not to get too commercial. We need to safeguard the mix of residential and commercial or we will kill the goose that laid the golden egg. If 885 were rezoned, the entire side of that block would be commercial and would add to the insoluble parking problems. Billie Young, an ardent supporter of Grand Avenue and most-admired business person, said on April 19 1996, at the introduction to her to book Grand Avenue: The Renaissance of an Urban Street "One of the reasons Grand "works" is because there are a lot of people living in apartment houses and condos on the street. Those who say Grand should be a mixed-use street- meaning residences mixed right in with businesses- are correct." Demolishing 881 and 885 Grand Avenue is in opposition to the District 16 Plan • and the East Grand Avenue Plan . " We wish to save for future generations all buildings of historical significance as long as the structure has some useful life, and all other buildings which provide continuity and balance to the street's appearance. These issues must be addressed in order to preserve and enhance the unique character of the avenue while ensuring the future financial health of Grand Avenue enterprises." According to the East Grand Avenue Plan of 1982, chaired by the Planning Commission, the objectives of the new B2-C zone were to allow commercial expansion space while controlling alterations to structure facades; and to retain residential building forms and open space. It was never the intention of the B2-C zone to allow the demolition of two dwellings, to create one lot from two thereby eliminating half of the side yard setbacks. In this case, the proposed 6400 square foot new structure neither retains the residential building forms nor the open space that the East Grand Avenue plan intended. This rezoning will add to the current parking shortfall and to the high traffic volumes. Parking shortages exist on almost every block of Grand Avenue. The demand created by clients, shoppers, employees, residents, institutions and downtown commuters simply isn't being met by the available supply. This creates a detrimental impact on the residential areas and limits the potential of Grand Avenue's existing enterprises. Sage Company estimates that their proposed business will have ten office employees and ten • retail and wellness center employees. Considering a very conservative estimate of one client per employee, no retail shoppers and no one waiting for an appointment, there are 24 people for whom parking spaces have not been provided. z� SHA finds error with staff report findings number 2 and number 3: In finding number two, we believe that staff has misinterpreted the District 16 Plan. While it is � correct that the District 16 Plan recommends a commercial and residential mix and that one of the proposals states "encourage the continuation of the residential and commercial mix on Grand Avenue", it is illogical to conclude that the mix will be maintained by rezoning a multi- family dwelling from RM-2 to B2-C. Furthermore, the Zoning and Land Use Committee twice asked Mr. Elmer of Sage Co. if they would consider residential on the upper floor of their proposed commercial building. He clearly stated that they would not, as it was not economical. In finding number three, we believe that the rezoning will have an adverse impact on the surrounding property. It will add further to the demands for parking and will further the traffic and congestion of the area. This will create a detrimental impact on the residential areas and on the potential of Grand Avenue's existing businesses. For all of these reasons, we urge you to deny the request to rezone 885 Grand Avenue from RM-2 to B-2C. Sincerely, . � ) John Siekmeier, President Summit Hill Association • District 16 Planning Council cc: Council President Thune � z� 5ummit Hill Associatinn 6122221558 P. 02 �M�Nu-rES � ��CEIVED '4ZONtNG AND t,AND USE COMMITTEE � ',iSUMMIT HILL ASSOCIATION , aUG d 2 1996 .- (`�� , Ju y 23, 1886 7pm Linwood Con�munity Cent�r � � ��' ' ZONlNG ;�Member$ ptoaent: Carisen, Casselman, Cheple, Cottright, Coskran, Kraus, Krogstad, Mairs, �M�IIQr, Njus, Quinn, Schu(tr, �tolpestad . �Momber� abaont: Geset(, Harmon }Alao pr�sent: B. Elmer, Archltect, Sage C;o.; S. Flat�u, owner, 885 Grand; S. Gadient, G. Gamble, �fM. Schumann, M. Sheppard, J, Siekmeier, A. Stetler, C.Trost, C. Ward �'The meetin� was c�lled to order at 7�Q5pm by Chair Krogstad. � , , ',Requoat to rQZCno 885 Grend Avenu• irom RM-2 to D2-C: To begfn the dtscussion of '�ezoning, Krogstad asked Casselman to expfain the hfstory and philosophy of residential and � '�u�iness zones. !n 1975, tullvwing a 4o acre study, a new zoning code was edopted. (From 1922 0 1975, all buildings on Crand Avenue were zon e d c o�m m e r c i a l. C o m m e r c i A l ' coned either B-2 or B-3, S�ngle family homes were zon�ed B-2 and mu(tiple family homes were '�oned RM-2. The reasons behind Zoninp h�mes in thfs manner wers: '� to recagnize the importance af maintaining a residentiallcommercial mix on the Avenue for the � succ�ss of the Avenue, and '! it was thougF�t that it may not always be economicaf to maintain a s�ngle famify home on the 'f Avenuo, b�t it ahould b� economicd� and deslr�ble tp maintaih mufti-family homes on the � Avenue. ,�n 1982 the 82-C zone was created, specifically for Grarrd Avenue. The parking requirement for a 2-C is approx�mately ha(f the normal requirement. This was the compromise in exchange for A re�uired front and side yard se#back, (The rule of thumb is 1 space per 400 sq. feat}. ; � �tolpestad maintalned that 885 Gr�t1d is the only props�ty in that block th�t is not zoned �mmercia�. HQ distributed a aopy of the certificate of occupancy whlch shows a B2, �latau stated Rhat she bought the property more th� 20 years ago, and ohly found out that it was zoned residential when she recently atttsrnpted to sel! it. Trost exp�airted that according to PEp records, �65 Grand was zoned RM-2 in 1975 and that no zoning changes have been mad� to the prop�rty ��nc�, rvvcica was sent co all property owners in 1975 prior to the new zoning code, Property owners ilad the opportunity to object to the proposed zonin� for,their property. Three Grand Avenue property owners did so at that time. Stolpestad stated that the process is not infallible. Ms. Flatau �laims thai she dicf not rece�va a notico. �� Mr. Elmer, architcct tor Sage Co., explaineci ihat 881 and 885 Grand wou(d be part of a new commerciaf concept by the owners of Sidney's. They propose a new buflding that would be nne or 11 t�vo stories, would be architectura��y compatible with the�area and would pull together and uniiy the � b�ock. It would have the sarne feeling tor space as Sidney's, but without restaurani details. He s oftered no details about the structure. Someorte asked why they were not considering re-using the houses as they stand. He replied that their first choice i§ to build onQ Isrger structure over b�th lots, W �ut that there is always the possibility that they would use the existing buildings. Whe� asked what �,,,� (�ind �f business would go into thia apace, Efiner sAid th�t Sa�e has not d�ttneq the concept, but is � c,Qnsidering a retail line ot body lotions end hand creams called Frufts of the Sp(rit. When asked a�out Q day spa, he said that is not if�e concept, that the sto�e w0uld have no Services. V 1 1 s. f latau was �sk�d if al! 3 units in her building wera c�rrehtly rented, and whether she has had z d fficulty finding ienants. Ms. Flatau re plied that all u n i t s w e r c� r e n t e d a n d t h a t s h a h a s n e v o r h a d a -- v;�cancy in the 2a years she has owned the buildin g. S h e f u rt h e r s t a t e d t h a t p a r k i n y f o r h e r tenan ts h�8s r10t beerl a pr�blem as therP is a gar�t ge and 3 parki�g 3paces in t he back. Ms. Fldlau was asked why she wants to rezone if she has never had a problem rehting. She said that she wants to N S�H the prnp�rty. WhQn asked if she could seN it 4s residenti�l, sr�e rep�ied probably. Sne estimated h�at 95%of the inquiries had (ndicated an interest for commarclal-use and 5°to �n interest tor ' rgsidential-u�o. When naked fi ahe ha�f rrrarketed the property as a 5-unit apartment, Sh� repfied � � � Z5 Summit Hill Association 6122221356 R.03 � ;�th�t she had only put out a "for sale by owner" sign and hsr lnqu(ria� had beQn a resuit of that �+gn. Sr�a says she is interested in selling the property and that she wants to get the best price. � When asked if Sage Co. hss considered a mExed use for the site, Mr. E(mer said no, but that they (were willinq to consicier whatev�r is good for tho Avenu�. Krogstad askdd if senlor-assisted iiving • ;iwould be considered, if it were determined there was a need. (Sage Co, has developed senior � housing). Again, Mr. Elmer �tated that th�y w�uld do what was best, but he was only aware oi an � informal study by Sage principles that detetmined that�their Fruits of the Spirit conce�t would do i�weil here. Wh�r� �sked it a iormai maricet study had been conducted, Elrner said that it wes strlCtly ��an informal study. ;Stetler theh spoke to the broad �als of the Avenuo. He reminded thc commiCtee that Rvbert ;Sprague, consultant to GABA and form�r dir�tor of P�D, had observed that we had to be very �Far�ful not to get too comrnercial. We need to safeguar'ci Iha mix of residential and commerc�al or we �will kiti the goose that laid the golden eg9. If 865 were �ezoned, the entire side ot that block woutd ��bo comm�rcial and would add to the Insoluble perking problems. We don't want to tear down houses to further the commercialization and to chanpe the charact�r ot Grand Avenue. 5chultz stated that he fe(t that the ZLU Committee needed to determinc two thin s in order to r�tak � recommendation of this request for rezoning. 9 e Dld a f�,ndRmental unfafrnoss oocur rcgarding zoning of this Nroperty? , + Does the proposed use fit in with the broad goals of the neighborhood and Grand Avenue? '�Ar. Schultz is nat persuadcd that � tundamental untairness has been made. No one has unlimited �rights to zoning. Second, most appiicants come with a �lefinite pfan of their conr,ept and of the : structur�. S�nce no such plans were proposed, he daesn't have a sense of a goal at this time. �orneone asked if SHA can incfude a oodici! with ��,r r�commandation, Trost statod that �HA can o so, but there is na 9uarantee the city would take a codicil into considerstt�on. They prefer not to, nd SHA would be respc�ngible for upholding the oondition. dtlon by Schultz, second by Gtuinn to support the roqusst to rezone 885 Qrand � � vsnuo }rom RM-� to B2-C, An amondment was, made to prohiblt the property from ' qNn� ussd aa a parkln� tot. Motlon t�lled oh a. volce vote. Motion by Girsch� s000nd by Kraua to dsny the requeat to rezone;885 �rand Avonue frotn RM-2 to 82- � �. Motion carrled on s volce vots. i ; �asse�man suggested that they cons(der coming back tq the ZI.0 committee at some later date wfth specific details on their proposal. , •queot by Robert FIorQ� tor � vsris�noe ot eevsn off-�treet perklnq spacos in order � , t obtain a liquor ticensa for la Cuc�racha at �6 Dalo Streot South. � , : �his waE an add'rtion to tho agend�. The SHA ottice recenred the application this rnorning. Mr. " ; � F l o r e s w a s l n v i t e d b y te l e p h one to a t ten d t he mee ting, b u t d i d not do so. The comMittee discussed � the ta�t �hat La Cucaracha has very little parking and realiy no opportunity to provide any additional � � o�f-street parking. The committee determined th�t the addnion of a liquor licenoo wil� tncrease V„� r venue for l.a Cucaraa ha, but s hou l d not increase the n,umber oi customers. The committee ,,,� r quested that Mr. Flores improve thQ sharod parking tot with twelve apaces ar�d shvuld make it � c early availabl8 for customers. The committee also stat�d that the bar area withln the restaurant � ould not be increased in �Ize. � �sod upon these conditior�5, there was a motlon by �ortrlqht, ��cond by Schultz to Z; r1lCOmm�nd approvat of the request for s v�rlanCe ot s�vsn off-str�st parkin� sp�coa -- i� order to obtaltt � Iiquor tiCena� for Le Cucerach� at 36 Dale Str�t 3outh. Motlon � c�rrlsd on a volce vote. . � It�was noted that i# is importsni to understand that this recommendation in no way i�r�plies support for• �1 an mcrease in the hours of operation or for an expansion;of the restaurant into any other part of the bi�ild€ng at the comer o! Qr�nd end Dale. � � ; T e meeti�fl was adjourr�ed by Chair KrogStad at 8:10pm. ; W�nutes reoorded by CA Trost ; 3i; ; i� � 08i06/9B 12:27 FA% 6128902003 E1[�;TEH HULUlNGS �¢;uz EIQIER RIALIY COIrOtAiION �(�(� t � I '� � 10�b AAo�n�e�Avr�e.Surt 100 laa�e Taa�x � � � �0 • s.r,n v.u�.�,oT.56>>6 ce�a eaa�ooi cai2�eoa�mo E�ET E i� J�ly 25, 1996 Ms. chris rrost Exxutive Directoc R��,�� Summit I�ill Association 86o st. c�air averwe AUG 0 6 1996 Saint Paul, M1V` 55105 VL!FAX ND. 212-1 S58 ��(�� Re: 885 Grand Avenue Dear Chris: Shirley Flatau and Sage Company were very disappointed with the outcome of the rneeting on Tuesday evening. Burt Elmer indicated to me afterward that he would recommend to his associates at Sa�e that they develop more specific plans for the property and submit them to the committee for revicw, This information should • calm the committee's concerns about both the use of the property and its design, should Sage decide that s new structure is appropriate. With respect to Shirley's situation, however, I think the committee's action was unfair. Ycsterday I reviewed again all of Shirfe}+'s certificates of occupancy for her ptoperty, I read the $mall-Area Platt adopted by the City Council on December 21, 1989, and I did a survey of the residential struct�ues on both sides of Grand from Lexington to Dal�_ I found, first of al1, that Sltirley's house was zoned B-2 until the end of 1989. She was never given any notice from the City that her property had been down-zoned from B-2 to RM-2. One of your comrr�ittee members called me yestetday to tell me that she had a similar experience witt► a property she ovms, which was also down-zoned by the City without actual notice. Criven this corroboration, I don't think the committee should have been sa quick t� dismiss Shirtey's statemecrts that she was unaware of the zoning change until she began to market her house earli�r this year. I also found that Shirle}r's is the only house not zoned eitlier B-2, 13-2C or B-3 on the eight biock stretch of Cnand between Lexington and Dale (exeluding the threaquarter block stretch between Oxford and Chatsworth). While the zoning map is not completely clear in a couple of cas�s, even then the houses are bcing ased fot retail gurposes, presumably with proper authority from the City. Shirley's honse is in the middle �f a four block stretch af the north side of Grand between Chatsworth and Grotto that is solid B-2, B-2C or B-3 (except for two apartment buildings on thc north side of the block between Victoria and Avon). Shuiey's house is literatly an island in a sea of retail properties. • s �.��,.�,�„�, ��ING FILE 96� �? � ,., �� ;--, r-- � ._:�� _..._ �.�.� ��; �._ �:�_.. 31 08i06i96 12:27 FA% 6126902003 E%ETER HOLDINGS �Q3 Given these findings, it is clear that Shirle�s situation is unique. She had every • reason to think her prop�+could be used for retail purposes, only to discover that it had been down-zoned without her knowledge or consent. And since she has the only house on this stretch of Grand Avanue that can't be used far retail purposes, the committee's concerns about setting a bad precedent or opening the floodgates to more retaii by approving the rezoing woutd appear to be misplaced. I hope the cammittee takes these considerations inta account when it has a chance to revie�w thc additional informstion that will be forthcoming from Sage Company in the near future. Very truly yours, , es A 5 0l c V�' President o�oiai g�a�eoo.�soa cc: Shirley Flata.0 Burt Elmer � Z�NfNG �I �.E � � �S • �z � ) � � -� �- . �, � � � �� P�csr r raiti; 7a ��- Z�ti �r�� ' �f�'� F�LL�O,MY NAIv�IS ROSALYN�OLDHII2Ci. I AM 41 YF.ARS OLD. I LNE AT 1023 �� ,�'1� • GRAND AVE.. I HAVE LNED T�RE FOR 16 YF.ARS. BEFORE THAT I LIVID ON SO. � VICTORIA AND BEFORE TFiAT ON SELBY. I ALSO USED TO WORK QN QRAND AVE. I AM ADAMANTLY OPPOSED TO TI�AE-ZONtNQ OF 885 (�RAND AVE. FIItST OF AI.L, NST TI�IDEA OF TEARING DOWN HOUSES IS APPALI.ING IN TT SELF. TEARING DOWN HOUSES TO PUT IN RETAII.IS OUTRA4EOU3. IN TI�METROPLITAN LNABLE C(7 S A�'T Tf SPECIFICAL�LY STATES AS ONE OF 1T'S PtJRPOSES TO"...PRESERVE(]ViAIlV'T ILdTATE AFFORDABI�HOUSIlV(�"TT ALSO STATES THAT YOU MUST HAYE A HALANCE AND CREATE AFFORDABLE H4USIlYG WHE1tE Ti�E11��'L,OYMErNT BASE IS E7�iANDINQ. C�RA1�ID AVE. IS ATTRACTNE TO PEOPLE SECAUSE QF IT'3 INTIIvlATE CHARM T.E�? IDEA QF HAVIl�1�AN OLDER H4ME W1TH A LITI'i.E BOUTIQUE ON Tt�FR4NT POR�H I3 W.Ei�T BRINQS FEOPLE TO THIS NEIQHBORHOOD. THIS IS A HISTORIC 1�IC�F�ORHOQD. THAT'S WHY TT�Y C3 USE TQtJRS EVERY YEAR. THAT'S WfIY TI�tE IS TAL�K ABOUT BRINGINP�TR�LLEY,T�7 MAINTAIl�T TI�OLD CHARM HAVIl�TQ HOMES 1VID��IN WI1�i BU3INESS I3 WHAT MAI�S GRAND AVE. Ur1I�UE. IT IS IlvII'ERATIVE THAT T�MIX 4F RESII7ENZTAL AND RETAII,.BE MAIlVTAIl+IED. IF TI�SE TWC7 H4USES ARE TORN DOWN,1�-IERE WII.L�E NO HOMES ON TI-� • NORTH SIDE OF QRAND BETWEErT VICTQRTA AND MIL,TON. NOW TI�'RE IS A HOUSE UP FOR SALE ON TI�NORTH SIDE OF THE STRFET BETWEEN MII,TON A1�ID CHATSWORTH. TT IS ZONID B2C. THIS HQUSE HAD A FAMII�Y LIVIl�TQ IN TT. lF THAT HECOMES COMN�?itCIAL,TI�RE WII�L SE NQ HOME3 ox�T si,ocx. �rcTOx Ta a�ox�is�,ca�cuu,. �ar�,Y sl.ocx BETVVEEN I�7�TQTON AND VICTORIA THAT I3 NOT CaMPLETELY CO1bIlVlEItCIAL IS TI�B1.00K I LIVE ON AND EVEN THAT BLOCK IS CO1vIlvIERCIAL ON BOTH CORNERS. WE DO NUT WANT GRANI�AVE. T�TURN INTO ROBERT STREET OR SNELLING AND U1+TI'V'ERSTTY. I AM NOT AQAIl�iST R.ETAII.. I SPEND MORE MONEY ON QR.AND AVE. TFi�T ANYONE IN THIS ROOM. EATIl�TG A CANDY BAR LS A NICE TREAT,BITT 1F YOU R;ENIl�dvIDER BEINC3 A KID ON HALLOWffi�T,IF YDU ATE TI�WHOLE HAQ OF CANDY YOU WOUL�D GET A STC7MACH-ACHE. WE D(7N'T WANT GRAND AVE. TO BECOME A STOMACH- AGZ�. HAVIlVti Tf-IE RI4HT r�OF HOUSES AND RETAII.IS C3N�dR.AND AVE. TI''S CHARM Tf IS WHY PEOPLE WANT TQ LIVE AND SHaP HERE, IT IS W�iAT MAI{ES TT SAFE TO wAr.tc�owx�s�T. I AM ALSO A BLOCK LEADER FOR CRIl1�WATCH. TI�3.E.E.PROQR.AM 3TANDS � FOR SLJNIlvlTT EYES AND EAR3. TFiER�ARE NQ EYES AND EARS lN EMPTY BLDGS 33 � � �� ✓ AND CLOSID RETAII.,SPACE. TOO MUCH RETAII�BRINC3S MORE OPPRT[JNIT�S FOR � CRIlu�AND LESS PEOPLE WATCHIl�TG OUT FOR EACH OTf�'R. TF�K ABOITT R�i�iT MADE THIS AREA ATTRACTIVE TO YOU? OU WII,L DESTROY WHAT IT WAS THAT B�ROUQHT YOU HERE IN TI�FIFLST PLACE ARKINC�IS A HUC3E ISSUE IN THIS NEIGI�C7RHOOD. ONE OF TI�REASONS ODEG S WENT OUT OF BUSIItiTESS WAS BECAUSE'I��ERE WAS NO��CE FOR PEOPLE TO PARK L�,� p�,r. kl�a� a. �K�. SPa�� N-r bc.c;3�h� PY �;+ �.bhS IF YOU TEE1R DOWN'IT�SE HOMES,WHO DO YOU T�IIl�IIC YOUR CUS?ON�S WILL "� ��'�. � BE7 IF NO ONE LIVES HERE YOU Wa.L HAVE II.IlviII�ATID TI�'NEIC�I�(�RH40D �'� CUSTONIERS AND WTI�i NO PARKIIV(�,YOU WII�.ELIlI�ATE YOUR OUT OF ' p"''J NEIG�RHODD CUST�MERS. �- � ��r� I R�;CEN!'LY READ Il+T TI�GRAND GAZETTE THAT TI�SPACE ONCE OCCUPIED BY �..� C}R.ANDENDALE DRU(�IS AVAII�ABLE FOR LEASE. WfiY NOT CONSIDER THAT `-`'n��-^� LOCATION. TT IS ONLY Z'FIIt.E�BLOCKS AWAY. Tf�RE IS ALRF.AI7Y EXISTIl�IG �"-� CONIl1�1tCIAL SPACE�1�T C}RAND AYE.. T��RE IS NO NEED TO GRF.ATE MORE. IF Yau aww vp A a�t.taort Toa Muc�rr�.o�ES. SIX FAMII..IES C�ULD LIVE IN TF�SE TWO HQUSES. Ti�IDEA OF DISPLACING FA1V�.IES TO BUII.D MORE CQIVIlV�tCIAL REDUI�IDANCY ON C�R.AND IS LUDICROUS. q�'.�5;.^ `LCdtsx. .�� ex:L^ /�.�� rn a�-a.. b.�r (Q�-i a,�, AVEDA NST WENT IN AT QR.AND AND VICTORIA.~SIDNEY'S NST CAME INTO TI-� r�i��oRxoo��c�rt.Y�xow�Y w,�rrr To T�rr av�. BESmES • THAT TI�Y WII�BE ABSENTEE LANDLORDS. FROM R�iAT I AM TO UNDEIZSTAND, TI�;Y ARE FROM M]NNETONKA AND I+TURTH C7AI�S. HOW FAR DO YOU TF�TK IT wovl.D�.Y To�aR.nowiv xo�s arm r�rr crP�r�,nv�sE NEIGI�ORHOODS7 WHAT HAPPENS Il�T OUR NEIGHBORHQOD IS NOT��h�.c� PROBI�EM. IF TT�?IR HUSINESS FAII�B,TI�Y LEAVE AND WE QET STUCK WITH Tf�: A�ATx. �s�oF�s xausE w�,,,a��corrE�. r 1`�7 INCRP.�ISED BUSINESS MEANS INCREASED TRAFFIC, Tf�iARD TO FIND A PLACE TO PARK BY MY HOME. PCTLLIN4 AWA�FROM TI�CURB QR CRQSSINC}TI�STREET CAN TAI�UP TO 15 NBNS.N�! TI�I��IIX ON GRAND AYE. MUST BE MAINTAIlVED. IT IS WHAT MAI�S GRAND AVE. WHAT IT IS. 3PRUCE'IREE PLACE ON UNIVF.RSITY AND SNEZdrINQ HAS RETAII., SPACE FOR RENT. ASK YOURSELF WHY YOU CHOSE GRAND OVIIt UNNERSITY AVE. IS TT BECAUSE TT IS IlV�ERSONAL,TOO MUCH TRAFFIC,UNSAFE? IF YOU T[TRN GRAND AVE IlVTO A CO1NIlv�RCIAL STRIP MALL,YOU MAY AS WELL START YOUR BUSINESS aN UNNERSITY OR ROBERT STREET BECAUSE THAT'S WHAT WE WII.L BECOME. TT WII,L COMPLETELY DEFEAT TI�PURPOSE OF WHAT ATTRACTEI7 YOU TO THIS NEI4HBORHOOD O1�T TI�FIRST PLACE. TI�+TIC ASOITT BAKINC�A CAI�:. TI�?RECIPE MCT3T SE FOLLOWED EXACTLY. IF YOU PUT IN TOO MUCH FLOUR AN�NQT ENOUGH SUGAR,Y4U R��I,HAVE AN INIDIBLE CAKE OR NO CAKE AT ALL. • 3y /� , � � �� IF YOUR PLAN IS TO TEAR DOWN TI�HOUSES AND P'UT lN SOMETI�C}THAT"FITS" C�� INTO TT�NEG�IDORHOOI7�I HAVE TWa CaHIl�i�]TS. 1)WE ALREADY HAVE SON�Tf�IQ T�iAT FITS INT�O TI�:NEIQHBORHOOD,TT�?HOUSES TFiAT ARE ALREADY TI�RE. BEALTT�LJL HOUSES WI1�i BEAUTIFiJL FtJI.L GROWN TREES AND PORCHES. 2)DOES ANYONE R:EMEMBER CROCUS HII.L 1�?ARKETI TT WAS AND OLD MARKET THAT WAS ON GRAND FOR YEARS. SOMEONE HOUC�HT TT AND C�OT TI�BRILLIANT IDEA TO 1tEMODEL IT TO L(7�7K LII�E OLIy MARI�T, IF I HAD�TO� P WA1�CH,I COULD TIIjI.HOW LQNQ T�Y STAYED IN B . � ry� �„��, wE�.�nY xavE si.oc�vs�axn wau}�vs z�T�.rr sMai.L BUSINESSES OITT. GRAND IS AB�UT SMALL BUSIlVESS. STaP THIS NQNSENCE NOW. TI�RE ARE A►I1tEADY TOO MANY HOMES ZON�D B2C. ALL TI�RESIDEN�:ES THAT QO UP FOR SALE TURN INTO BUSINESSES. TT IS OUT OF CONTROL.. N5T THI3 YF..AR ,K o�;z(Sk,'; 3-4 HOUSES WENT FROM RESII7ENCES Z�O BUSINESSES. �m��f� ��,f5:,�:� PART t]F WHAT MAI�S GRAND AVE.A NICE PLACE TO LIVE IS WAVIl�TG AT YOUR NEI(3�HBORS AS TF�Y WALK BY W1TFi ICE CRPr4M CONES. WHO ARL•'WE�OINQ TO WAVE AT IF NOB4DY LIVES HERE. MANY TIlVIE S ON MY WAY TO T!-�COFf��SHOP I HAVE"PICI�D-Up°'PEOPLE ALQNC3 TI-�WAY TO JOIN ME. • I DON'T WANT TO LIVE ON SNELLINt�AND LTNIVEFtSTTY. PEOPLE WAI�G AT NiC�HT ON GRAND AVE. BECAUSE TFIERE ARE PEOPLE AROUND. GUESS WHO WALKS ON LTNIVERSITY AVE. AT NiC�HT7 DO YOU WANT BTJS FUMES AL FRE3C07 I MET A QEN7[ZEMAN YESTELtDAY AT STARBUCKS ON GRAND, HE LIVES BY GAI.LERIA WHICH ALSO HAS A STARBLTCKS. HE TOLD ME HE WOULD RATI�R HAVE COF�'EE ON(�RAND AVE.BECAUSE�F TI� CHARACTER OF THI?NEIGfIDORHOOD. I REPEATEDLY HEARD THE WORD CHARACTER OVER OANI?QYER 8Y PEOPLE. TI�RE IS A DEI.ICATE HALANCE ON C}R.AND THAT M[TST BE MAINTAIl�TED. EVERY PERSON I SPOKE WTTH WAS ATTRACED TO GRAND BECAUSE OF THE CHARM AND Il►TTIMACY OF T�HOMES AND BOUZTQUES. SOME PEOPLE CAME NST BECAUSE OF TI�HOMES. Tf�Y WERE APPALLED THAT SII7NEYS WOULD BE SO INSENSITIVE TO THIS TTF.ED_ PLEASE DO NQ'I'LET BI{3 BUSINESS BAN�OOZLE YOU. DO NOT LET DOLLAR BILLS CLOUD YOUR EYES. STAY FIRM IN YOUR DECISI�N TO DECLINE Ti�REQUEST FOR RE-ZONIl�T4.. IF T�RE HAS BEE1v ANY INNSTICE HERE TT IS TFi�T IN TI�PAST �o�wEx�Too ov�a�z,E�,ous,a�m xE-zor�n�+a��xoMES Bzc. 1T�]K ABOUT Wf-LAT MAI�S GRAND APPEAI�ING TO YOU AND OTI�'RS. • DO NOT DESTROY TI�NIIX. DO NOT DESTRaY TI�IvIIX. SAVE THIS LJNIQUE AREA �5 �� OF ST. PAUL. I ENCOiJR.AC3E YOU TO VOTE DOWN Tf�REQUEST FOR RE-ZONiNQ. 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