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269109 WHITE - CITV CLERK COIIIICII /`.��\.� PINK - FINANCE G I TY OF SA I NT PA LT L CANARV - DEPARTMENT ��7 t� BLITE .- -i�AYOR ' FIIe NO. � Co cil , ion Presented By Leonard W. Levin Referred To Committee: Date , Out of Committee By Date WHEREA5, The LyngblomSten Home has, under the provisions of Section 64.204 of the Saint Paul Legislative Code, appealed from the decision of the Zoning Administrator and the Board of Zoning Appeals denying a grant of variance €rom the strict application - of Section 61. 100 of the Saint Paul Legislative Code pertaining to height requirements; and �` WHEREAS, The Saint Paul City Council conducted a public hear- i'IZg on May 5, 1977, �in accordance with the requirements of Section 64.204; and WHEREAS, The Saint Paul City Council, based upon evidence presented at said public hearing, as substantially reflected in the minutes attached hereto as Exhibit A and based. upon evidence presented before the Board of Zoning Appeals, made the following findings of fact: �',;�� 1. That the strict application of Section 61.100 of the � '� Legislative Code would result in exceptional practical difficulties to the Lyngblomsten Home. 2. That granting of relief can be made without subst�tial detriment to the public good. 3. That the granting of relief will not impair a� adequste supply of light and air to adjacent property, or unreasonably diminish or impair established property values within the surround- ing area, or in any respect impair the public health, safety, COUNCILMEN Yeas Nays Requested by Department of: Butler In Favor Hozza Hunt ' Levine _ Against BY Rcedler Sylvester �► Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary By g�, Approved by Mayor: Date Approved by Mayor for Submission to Council By By WHI7E — GTV CLERK COUIICII �'s�'V�� B �sE ,-��oR E GITY OF SAINT PAUL File NO. GANARV — DEPARTMENT � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date 2. comfort, morals, or welfare of the inhabitants of the City of Saint Paul. now, therefore, be it RESOLVED, That the Saint Paul City Council hereby grants the variance requested from the strict application of Section 61.100 pertaining to height requirements; and be it FURTHER RESOLVED, That the Zoning Administrator is hereby authorized and directed to grant the appropriate building permits in accordance with this order. COUNCILMEN Yeas Nays Requested by'Department of: Butler � �� [n Favor Hunt Levine _ Against BY Roedler Sylvester Tedesco #�A,Y 1 9 1977 pp Y 3' y � Form A roi�d b Cit Attorne Adopted ouncil: Date tified P by Coun .il S cretafy BY � y� �1j 2;3 197 Approved by Mayor for Submission to Council , Appro e Mayor: Date By BY �ug�tsHEO MAY 2 8 �gl? , . __._ . , : .�,.. � • � 4 .. ,J.. . . , . . . . . . . .. .. . , . � . , � . . . . . . . . . � '�.. . .. . . . , , � �/� � Y,r_� � . .�.. . . .. � . ��r . � w . . . , w�f�► � . . , , _ , � � . : _ . . . . f _ _ . . : . . _ ,�, , � . : , . , . , i . .` . . . . . , ' � . . . . . . � i . � � - , . � � � � � � . �. � .. . �. . � . �� . � . . . . ` . . , �' . r 'I �.. � . . - .. �.� . � . . � . . � . I . . .. . . , . . . ,.. ..... � . . . .. - , .. / . . . - : , � i .. �. ' .. , . �I. 1 - � . - .. . . � . � .. . . ' . . � . i . * ' . � . .' . '., � . . . � . . � } � . . . � . . .. � .. � ' � . . � � " . . .,. . .'. . ., , .. . . � � ' . � . 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( , . . �. . . . . � . � ..: ., . . . � . . . . . . , . . �, . .. . . � s. city of saint paul board of zoning �ppeals resolution zoning file number_ 8093 d��e ____�ri 1 19 1977 WHEREAS, Lyngblomsten Home has applied for a variance from the strict application of the provisions of Section 61 .100 of the Saint Paul Legis- lative Code pertaining to height restrictions in an RM-2 zoning district, and . WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on April 5, 1977 pursuant to said appeal in accordance with the requirements of Section 64.203a of the Legislative Code, and WHEREAS, a motion to deny the variance failed on a 3-3 roll call vote, with 1 abstention, and WHEREAS, a motion to grant the variance failed on a 3-3 roll call vote, with 1 abstention; NOW, THEREFORE, BE IT RESOLVED by the Saint Paul Board of Zoning Appeals that under the autnority of the City's Legislative Code, Chapter 64, " Section 206 that as a motion to grant the variance was not passed, the request to relax the height restrictions (on the property described in Exhibit A attached hereto) is not granted. This is reflected in the Minutes attached hereto as Exhibit B. moved by Hummer _ seconded b�y_ R n hoof in favor 5 against o �� . • , . ' . MINUTES OF THE BOARD OF ZONING APPEALS MEETING ON TUESDAY, APRIL 5, 1977 AT " 1 :00 P.M. IN CITY COUNCIL CHAMBERS, SAINT PAUL, MINNESOTA PRESENT: N6nes. Zachary and Morton, Messrs. Fishman, Grais, Benshoof, Horak and Hununer of the Board of Zoning Appeals; Mr. Philip Byrne, Assistant City Attorney; Mr. Richard Amey of the Division of Housing & Building Code Enforcement; Mr. • Charles McGuire and Nhnes. Berman and Fox of the Planning Staff. LYNGBLOMSTEN HOME (#8093) : An application for variance to construct a 6-story apartment building on property located on Pascal between Midway Parkway and Almond. The appellant was present. There was opposition. Ms. Berman showed slides of the subject site and read the staff report. Mr. Roger C. Hennings of 1150 Northern Federal Building appeared on behalf of Lyngblomsten Home. He passed copies of a let�er to the Board members outlining Lyngblomsten's purposes for wanting to build the apartment building. He then read this letter and said 1700 questionnaires had been returned to them in favor of the retirement center. He said there have been 30 persons who gave their names and wanted apartments. He said Lyngblomsten presently has a 144 bed nursing area and that many individuals have spouses who have no place to stay in the area. In the proposed apartment building one spouse could take care of the other one who needs nursing care. He said this would serve the needs of the corrmuni ty. Mr. Greg McGough showed a plot plan, and also spoke for Lyngblomsten Home. He said that obviously they could spread out and build 5 stories and accomplish the same thing with 105 units. Ne said it is their intention within a year to build another unit of the same type with another 105 units, to bring their capaci�y to 210. However, he said, if they spread this proposed building out, they will not have the room to follow through with the second unit. He said they would be forced to sacrifice their green area. He said that a 5 story unit does not lend itself as well to the land they have as a 6 story unit would. He told of checking the light situation, and said that on April lst at 9 AM the shadow of 6 stories would extend 77 ft. , which is not quite the center of the road. He said that anyone on the west side of Pascal would not be involved, and that the - proposed 6 story building is not going to cause shadows for the neighbors. He mentioned the need for 105 units and the waiting list Lyngblomsten has. Mr. Hummer asked why Lyngblomsten chose to not ask for rezoning to RM-3, but wanted the Board to do the same thing by granting a variance. Mr. McGough said they had been advised that the variance was the route to go. Most everyone involved was able to recognize the need for elderly housing and had advised Lyngblomsten to ask for the variance and there should be no problems. Mr. Benshoof inquired whether Lyngblomsten had calculated the shadow to the south across Almond at any certain time of the year. Mr. McGough said there would be no shadow to the south, and that the sun never gets north of the buildings. He said the shadow would always be northwest, directly north, or east, and the only residents to be affected would be to the west. � . . , Lyngblomsten Home Page 2 � Mr. Benshoof asked why Lyngblomsten came to the Board of Zoning Appeals instead of the Current Planning & Zoning Committee, as this would be rezoning by variance. Mr. Philip Byrne said if the property were rezoned, there would be no maximum height requirement. Mr. McGough said the entire piece of property would have to be rezoned if they filed for rezoning, which may or may not be desirable. Ne said that inasmuch as Lyngblomsten would like to start construction within a month, they thought that a variance would be a faster method than asking for rezoning. Mr. Benshoof said the Board would be setting a precedent if they grant the variance and then Lyngblomsten comes back and asks for another building of the same size. Ms. Morton remarked that the Board of Zoning Appeals does not set precedents. Mr. Fishman asked Mr. McGough if he was familiar with the items on which the Board must make judgment. and he said that to be consistent, the Board must find from these facts and the make sure all findings are met. Mr. McGough said that in order to maintain the green area, which Lyngblomsten feels is very desirable with these old people, and to eventually come to the total amount of units they feel they are capable of handling, and to set up one meal programs for these people, everything Lyngblomsten has set up is for a certain number of people. He said the general idea in developing this site is to get the number of units into the area so there is enough area left in which to add the rest of the units a year or so down the road. He thought this explanation would answer the physical property item. Mr. Fishman said 5 stories can be done without a variance, and as far as the 6 5tories were concerned, if Mr. McGough had said this could be done by stretching it out, then this was the type of physical property requirement he meant. Ms. Berman said she had conferred with Assistant Attorney Thomas Sipkins, and he had told her that as far as 6 stories being varied, there might be a case if all the land on all sides sloped in towards the middle and there would be 6 stories in the middle and 5 stories on the outside--then he might see a need for variance. Mr. Fishman asked where a person began to count stories, and Ms. Berman said if you stand across the street, it looks like 6 stories, on the south side looking north. Alongside, it would look like 7 stories. She said a story is defined by the zoning ordinance as not including the basement. Mr. Vern Huso of 1039 West Idaho, Vice-President of Lyngblomsten Home, said there are a number of reasons why the 6 stories were chosen. 1 ) Economic reason. He said Lyngblomsten has funds reserved granted by Housing & Urban Development to build this building. 2) It must be built within the dollars HUD has granted. 3) Rents are contingent upon capital investment made. They can build the building 5 stories, but it means rents in the final analysis will be slightly higher and that distance to elevators for rooms is slightly longer. The 5 story building would destroy some green area, Mr. Huso said. He said the existing facilities have been built and designed to accommodate 500 plus people in the complex and those installations are complete. If they have to eventually house 25 less, there is ,, . . . Lyngblomsten Home Page 3 no serious problem, but this will be reflected in the rent structure. He said HUD encouraged them to build 6 stories because of the way it fits on the land and because of various functions. He said their plans are complete and would have to be re-drawn to design for the 5 story building. He said it is an �economic problem, mostly to those persons to whom Lyngblomsten would rent. � Mr. McGough said that regarding height, possibly something that would help. in giving a more clear picture of how the building would fit on the site would be to consider the whole site, the 62 acres, and average it, and the roof would only be 4 ft. above allowable limits. He said if taken from just the hole it is sitting in, they are asking for 14 ft. Otherwise, they are only asking for 4 ft. Mr. Benshoof inquired as to the type of sprinkler system Lyngblomsten contemplated and whether this would include all apartments or just hallways. Mr. McGough said there would be a wet system, and that it will have to be whatever the State Board of Health requires. Mr. Benshoof said he had talked with the City Fire Marshall as to how high they can go with their equipment into a building and the answer was if they can get within 20 feet of the building with their equipment, they can go up 62 feet. But if they cannot get within 20 ft. of a building, it shortens the 62 feet. He asked Mr. McGough what plans they had on the north side, the green area, for parking. Mr. McGough said it will be accessible. He also said this has to clear with the St. Paul Fire Department . He said the fire department will have access all the way around on all sides. Mr. Reuben Schmugge of 1454 Almond Avenue said he was confused as to where the building would start. He wanted to know what the setback would be from Almond and also from Pascal . Mr. McGough said from Almond, the setback from the lot line is about 35 feet, and from Pascal , it is 68 ft. from the curb line. Mr. Schmugge said Lyngblomsten had talked about their building program several years ago, proposing an 8 story building and a 14 story building. Most of the neighbors had okayed this, provided there would be covered walkways and the green kept intact. He said that with the new building Lyngblomsten has put up, there is parking on both sides, and instead of greenery, they are having lots of parking lots, and neighbors are now against this new proposal . Mr. Horak asked Mr. Schmugge if he would be against a 5 story building or against any building at all . Mr. Schmugge said he is against any building because of all the parking. � , s.. - . . , Lyngblomsten Home Page 4 Mr. McGough said Lyngblomsten is just finishing up the building to which Mr. Schmugge referred and he told of the trees and sod that are now going in. Mr. Ellsworth Ingvalson of 1392 Midway Parkway said he could not understand why the project had to move so fast. He said nothing had been said before the hearing as to two buildings. He said he felt this proposed building would definitely affect property values. Mr. Horak asked if the applicant complied with all the specifics of time requirements . Ms. Berman said thatit was not short notice, that the usual procedure had been followed for requesting a variance. Mr. Hummer said he could find no physical reason for granting a variance. � He then made a motion to deny the request for variance, and the motion was seconded by Mr. Benshoof. Mr. Benshoof said he could not find exceptional physical conditions, or exceptional practical difficulties or hardship, or substantial detriment to the community. He also said the request was based primarily on a desire for economic gain. Mr. Grais expressed concern for the cost to the elderly if the variance is denied. He said if financing depends _upon 6 stories, where rents would be less, he could not see where it would make much difference. Mr. Fishman said he could not go along w�th the motion because of the economic need. He said Lyngblomsten is non-profit and are not in business to make a big fat profit. Mr. Hummer said his motion had not contained that fact, and Ms. Morton explained that Mr. Benshoof had only been explaining his reasons for seconding the motion and had not been adding economic gain to the motion. Mr. Fishman said the idea of 5 or 6 stories has nothing to do with the residents. He said HUD sometimes decides, after waiting 10 years to fund a project, that it will have to be done immediately or they will take the money away. He said the issue is between 5 and 6 stories, and to be consistent, he would have to vote for denial because Lyngblomsten had made no case of physical reason for needing a 6th floor. Mr. Norak said he could not vote for the motion. He felt there was an economic hardship and the contractor and developer had legitimate cause to come and appeal . Ms. Berman asked two questions at this point: 1 ) What physical basis is there for granting the variance, and 2) Will denying the variance cause hardship or unusual practical difficulty? She told Mr. Horak that he was suggesting that denial would cause difficulty not only for the developer, but to the renters. Mr. Byrne said the language of the ordinance states that one of the factors on which the Board is required to make judgment is narrowness etc. , or exceptional topographic conditions which would result in peculiar or practical difficulties. He said the Board must decide whether the testimony they have heard establishes these terms of hardship. Mr. McGough said possibly he was remiss in the physical part in not making it plain. The number of units they w�ll build have to be maintained and the exceptional part :.. , . . ' Lyngblomsten Home Page 5 was the green area. He said if they spread the building out, there will be no green area left. Mr. Fishman said the appellant must convince the Board members that the difficulty is based on topographic narrowness, shallowness, or shape--something physical . Mr. Grais said he thought the fact that Lyngblomsten wanted to save the area around their building to give them space for future needs later on did meet the requirements. Mr. Benshoof said Lyngblomsten said they also wanted to keep the area for future development, and there goes the green a�ea. Mr. Fishman asked if Mr. Benshoof would withdraw his motion if Lyngblomsten could make a case regarding their green space, but Mr. Benshoof said no. Ms. Morton reminded the Board that they must find the first finding regarding exceptional physical conditions. Mr. McGough asked whether the green area would not be an exceptional thing. Mr. Horak agreed that the green area would be a physical thing, and Ms. Morton asked Mr. Byrne to comment on the green space. Mr. Byrne said as far as the green area being a criteria, it was up to the discretion of the members of the Board and he did not think he should intrude upon the Board's decision rights. Mr. Grais and Ms. Berman then discussed additional development on the property. They agreed the appellant was not exceeding density requirements for RM-2 and wondered if Lyngblomsten should consult the Building Department regarding their long term plan and whether it will work. Mr. Hummer's motion to deny the variance request then failed on a 3-3 roll call vote, with Messrs. Horak and Grais and Ms. Morton dissenting, and Ms. Zachary abstaining. Mr. Horak then made a motion to grant the variance, which motion was seconded by Mr. Grais. This motion also failed on a 3-3 roll call vote, with Messrs. Fishman, Hummer and Benshoof dissenting, and Ms Zachary abstaining. A Ms. . Berman then reminded Mr. McGough that Lyngblomsten has the right to appeal to the City Council . She said the question of equity may more reasonably be discussed at the level of the City Council . She said Lyngblomsten may appeal within 30 days, and a resolution will be served. Submitted by: Ap�roved by: _ ��G�K�oGa ��' / '' �-f}'Z� ,>-y-�� -t�-� ✓� . Jean S. Berman Gladys Morton, Chairman ...: , _ • ' � � • `� pI.ANNING BOARD STAFF REPORT April 5, 1977 30 Plat Map . ( 8093 i. APPLICANT'S NAME : Lyngblomsten Home 2, CLASSIFICATION . � Amendment � Appeal � Permit � Other 3. PURPOSE • 6 story housing for the elderly project 4. LOCATION ., • Northeast corner Pascal and Almond 5. I.EGAL DESCRIPTION : see attached � 6. PRESENT ZONiNG: RM-2 7. PURSUANT TO Zoning Code Chapter: 61 .100 Section: Paragraph: 8. STAFF INVESTIGATION & REPORT: Date: 3_Z8_�� By� JSB . A. PROPOSAL: The appellant wishes to build a 6 story housing for the elderly project. It would contain 105 units. B. FRONTAGE & AREA: Fronta e on Almond Total Area acres Proposed Development 256 ft. 1 .6 Lyngblomsten Total 631 ft. 6.6 C. VARIANCE: Section 61 .100 of the zoning ordinance limits the height of buildings �n an R -2 district to 5 stories �r 50 ft. The south elevation of the proposed development (the side facing Almond) would be about 56 ft. high. As it is a split ]evel development, the other elevations would be about 64 ft. high. D. SITE CONDITIONS: This is a vacant, wooded, gently rolling site. It occupies t e southwest quadrant of the block owned by the Lyngblomsten Center. The site is bounded by streets on the south and west. The site rises steeply about 6 ft. above street level along Almond. To the east is Lyngblomsten's newly constructed elderly care facility and to the north is the original Lyngblomsten building. The northern portion of the subject site is presently being used for parking. E. AREA CONDITIONS: The block owned by Lyngblomsten is zoned RM-2 for medium density mu tip e fami y development. Except for the Sholom Home one block to the west and the Salvation Army's property one block to the south, which are also zoned RM-2, this is an area of single family residential development. There are small well maintained newer homes to the west and south of the subject site. There is a church kitty-sorner from the subject site at the southwest corner of Pascal and Almond. F. FINDINGS• 1 . The proposed development would be permitted without requiring a variance with an RM-3 zoning classification. 2. � Although this is a somewhat hilly site, there does not appear to be a physical basis for the requested variance. . 3. A 5 story building could be built on this site without requiring a variance. G• ST�FF RECOMMENDATIONS: Based on the above findings, Staff recommends that the appellant' s reques� b� denied. .w • � • • t�' • • �' � • � • �� • • • • �7 �� j' tj� � �� • ��!, � �� ' , � �� A � � � � � � e � s �� • � �' C� �� • �� ' [� � ` i�ff'i�� . 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' �f fin��ti�a �: 1►�e�g�t ,Se�c�S.ard� � �� .R�o� 'i 13;'CiL�'8�i1 . � . . , . = � _ ' , , - ;, � , � . � �� $'�. .�81LZ.'y I��#1 ' ; ' ; ; :; • ,_ , � , ,. ` � ��r: ; • : " -. �_ � Tlr� #�r �2 �l.�.3, tio�`s pvbi�e t��g-es:''� �r:� �"�.�s `ator�� . . >�� t�� a�e�al. s:E�i�+l�aaa�se:8�m► �c� a �rai+�.�a �!' �� '�� :�� ;.;. . �ta� � �i+m� �e ��e��y o�ep�� s,re�it�d �, � �� . ��,�ni. ' - , , . � � ` , ,, . ` ' �GIlYQ �`'i"Y�.),,,�P,p�•.!��,,, : � ' . _ ,. . . : , • - , ; . . _ ; — , , . . . . � . ., . .. . , , .° , � . , . �; � t � . o' -� , , � , C�RT G�"k . - � : , , : ; . , , ; , ~ y . . ,�. , , , , , . . . , . , _ a � . , . - ; , . . . , :Il�Di�db�t , � '� , , . , � � ` �, • _ . � ' ; _�i �� $.��`s. �0A#�xkg SileE� ' - , ` ; , � , : ,:,. I . . , � � , � � � � � � ' ,',, , , . , � ; � � , . , . - � . . . , ; . : . , ; , . , , _ t .. , , , . r , , � \ _� �� , _ _ � � � ` _ ' � ' , ; ., r< r ,. , . �` • , �., . . . , ,y ° • ,. . _ � ' : . � ' . . . � . . . _ . . . ' �F . 1 ! 'j �r�i� i � . . . � ; . � : ' .. .. .. • ' ' /\ _ � . ';: . . . . . ' . . ' _ . . / �' ^ ��' �� " ' ,.. ' . ti - '- ' ._ '/ `. \ .p . -�... , �.. ; i � �... _� .. � ..� (' ', ,� ,....'. . \.. . � . . . .?t '. ' ��. '. . . : l. . .: .. � . ..-.�� ... .. . .. . �� , . ��.. . . - . _ �,� .�,�. � � M � GOUGH CONSTRUCTION CO., INC. ��0� ❑ TA 55113 ❑TELEPHONE 612 633-5050 � 2737 NORTH FAIRVIEW AVENUE SAINT PAUL, MINNESO ( ) � �%�. April 11, 1977 �.� �,_ t St. Paul City Clerk 386 City Hall St. Paul, Minnesota Reference: Lyngblomsten Elderly Housing Gentlemen: The Board of the Lyngblomsten Homes has asked me to appeal the Zoning Appeals Board decision on the above referenced project to the City Council and I therefore am asking for a council hearing on zoning file 8093 as soon as possible. I am also enclosing a $50 check necessary to cover the appeal. If there are any questions, please do not hesitate to call. Yours very truly, McGOUGH CONSTRUCTION CO. , INC. J��j�G �/� Gr ory J. McGough mdl Enclosure ,.', . , ._ . ;. ' ... `�� t'°� v� C THE FOURTH GENERATION OF CRAFTSMAN BUILDERS s , CITY OF SAINT PAUL DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES DIVISION OF ASSESSMENTS AND VALUATIONS + May 3, 1977 Mrs. Rose Mix, City Clerk 386 City Hall Building Re: File X1881 Dear Mra, Mix: Please present the attached correspondence, submitted in opposition to the Height Variance Appeal of the Lyngblomsten Home to the City Council, who will be conducting a public hearing to be held on May 5, 1977. Yours truly, � ��= ,� /�� / � v L' y�'� / �Paul . Desch � Supervisor of Assessments PFD:j p Attachment Telephone 612/298-5241 113 City Hall, Saint Pau I, Minnesota 55102 . . . . , M �,�� y� �g�� . � , � ��/ -�� ' . °�,,�. � � � "'� 1396 Canfield Av. s st. Paul, Mn, 55108 �pril 26, Z977 Mr. J. William Donovan Valuation and Assessment Engineer , Dept. of F`inance and Management Services 113 Citv Hall St. Paul, Minnesota 55102 Dear Mr. Donovan: Your notice of a publia hearing regarding the 7.�mgblomsten Home was being discussed with my brother-in-law and he advised me to drop you a line since he assures me of your integrity. The brother-in-law ----- Fr. Nick Cody. Work does not allow me to attend the city council hearing; however, the attached correspondence gives you an idea as to why we are against granting a height variance. 14mong The I�mgblomsten Center, A�cGough Construction Co. and the arch- itect(whoever that is) one or the other has about driven us out of our tree. Exhibit I was our initial complaint. The response (bchibit II) stated the drivewav was temporary in the initial state. Like heck: Since when is a tempor�zy driveway installed with thick hea�rv concrete curbing. If we had not complai.ned their so-called temporary driveway would be permanent. The property description for the variance dif£ers in the notice of public heaxing - received from the Board of Zoning Appeals as compared to your notice. We never did hear how the April 5 hearing cazne out. Bill, I don�t want to use u� your valuable time. Just review the correspondence and toss in our negative input. That�s our vieW. If I see �oe Thornton I�11 say hello: Thanks for your ear. Sincerely� Robert J. Mi sc � , . . , ' . � _, � " - �; . . , . . . , , _ : .. . . . , . , � . � . . , � �h x. .. `. . .. . � ... �. . , .. - .� s��. �. _ _ . . . .. ' . . . . ; . . . . y � . .. ..•,�:•. . . .. . . < ... � � .. . � � .. . � �. . . .. . .. , . . .. . . . . .. . � .. .. ;. .. . . . . . . . .. _ .. .•..� . � . . . , _ l �.: . . . . . ., " . . � . : . � . .. . . ' .� .��.��'�� .. - �" . st. pa�i, M�,. 55io8. _. _ , , .� _ �'4� :� . .. .. . . . . �� . � . . .- �. . . . . . . .. . �.� ... .r .. . . �. •. . . .-. �. � .. . . ,; .. • _ #•, . . - I�aroh 2�, 14?7 . _ . - - .. City ot 3L.� Pafit1 . � .., ' �s�i oi 800itag �Pp�ala y . . . , . � . ..:. �.�..�� 7��' ' -.�' � �" '� � - ' �• . . . � E . '.. �` �''�� f �'la '7��,� ' _ - : } . it�tet: 3��;FYa�n,� Ssaret�t�y . `. . _ '. � . : � . - . . ..� � . . . - . , � . , ' .. � - . . .� . .. - . . . _. � f' . . . � . �y- 'yy� �{�,�,,�.� ::.� � . � - � ., ._. . . . � � .. i�Ai �l'.li"r.��iiiL�il i. '� � • ... � . ' .�..: � .. . _ . . � .: - �.z . - Rindl,jr f?��'•ereace zcufng Fi3.� �me - I�inBbl�sta� aud 2ob#�g 1'i].e �mabei� 8Q93. _ :' - . _ ,. � , - . } . . � Stoce vnrrk �ti'ir'��r daea not rmit at " Pe �3ipg f►he APri�. �5�s �,LL i� is ht�s+e� . ' rsqusat�d �hat 'Chiis le6ter sorvre aa:inp�� to t�hat:hearing, z . C�oe+ing directl� �o t�e poiaL, �e deffa3.te3� o6�ect !,a a�' �ar�a� in be�� rs•• otr�.ctia�s as i�ctited �a the aotiae cit pabliQ hear3ng. P�'�Y �,aro s - S3n�ce �e r�sicis di.rectly ear� a�d' inAed3�st�e]�` ad�a�nt t,o the - ` �� ; , `Pl'aP�i'�+1�': a atructur� of 'E�'h�i�� e8cribed �no�al.d �h�t� btt 't�e 'baLn�ce . 03' �at. ac�e�c�on at�ls�t 4�i e!�t�g ��li�t} aot a��r biocicea �: �9 � �t:buildfn8 Pro��cL. � tar�oer].Y �� a 8='ast dsa7. o� � a�n].i�ht'Y11�ring ,ths�oa6� 't�e beattt� �rao�s bu� I hatro y�et to s�e �t . pe�s�ra� a :bricc�c �ra11, . . - � . _ . . ��, ' � - �e grea� the eacpmaiaa o!` #�ha I�a�blavs,t�ean lacili�iea� the greater t� ' m�oRiut of:traffia tfi�.a�seigbbors ax�s c�an!'�cc�tsd vi'E� Thi,s 3� -dstrfaeutail :�-. `; _ to t1�s: netgUbori�� Prcpe�tT �ar� and �s�r c�eormasss,praperLy.�a],n�� -�' j _ In fact� var o� Fr'o�srtr tus ,a�re,sc�Y snt't�re� 't�ta �tisgati� i�act irit,h m mpt�sl.� ParkinS le� t�t teet-ti�e ,o�r�prqparty �� . � , ` �:. � Zacrsawd traft`icx ia tura take�e iLs to�l au pollutiao (t�sret'o� �ss].td�) ' ,snd lfkeviee t� sa!'�r ot raeighbe�rboaid �4,1ds�t pat�ticularl,jr �rf,t� � . i�ehvol ao_�;�szt�rewe� clos�� ..: :_ ' �' . �� T�r sap� .tbe bea�efihia� in' �te �.`t�reo =,• �3]co su�atrlca�., aed C1�q� _� . a�s'. Pbr.: t�e pr,3fa�+e residaat*f sM1�s .• P1�ise t�rY t�a ke4p��i.� �t.tap�,,: � : It ��al.fo aP�P�rfate st �h#� ; ,� t��e Lo � ths.:Bas�+d .e;� Zdaiag -ippeal� o!. sd�,e , , . . , trua tacts aaaoeral,ng tha Prsaac�t sa�3,-ca�p2+eted ,�ro��a� #� �b3�at,eai, " t�i'. ; ; _ ; , , : .� F�,rat 'a! alZ a '�ocad c�l of � . . . t s relmpecb �.s �ianea to°tbis� iaa�itntia� for t�he�.r-care .'x of` the �I�er3�r. ii� kim�r f'Ss�sL tsa�id �S is �ss7, very good. � �ihen it caass �v baaiie pei3i�a rala�iana aod�c�r, ai�ple., e�urteaa�s ,00�s�icaLidu.. ' :�+i� �+�sL'pi�opert� o�errs� tdi#,a �e fnaLitn�ica� d� a b��at "s�sro�. ; � .� aeie a�,e . ,' � a e voand �ias�ed�a�an�� the' " ° ,.. � 'aP��:LL�ct --w sd�r�a�g '!�a i ,: �� P�► aad �cs��g�p�tiaorute �.#�i� �e �ac�.aaces cl�a to , �- carietract3aa a�.�tiea. 3ratead�, �t�ogress;�±aent tt�l2. a�t� ah�d 3o a '�Zl;fa� . i . . . : - - _ . : - � � � ... . , ._- � : . . . , . ; . ._ , , �- . LL ; _ � . �A : :. .. .. y.. . °. .,:.. .. � .. � _ .. . ' . - . . ,k' . ., - �� .:;- .,, . . . . .. . �^:... .. ...;..'�t ' �� . ►= _, � : , • _ . _ , . . _' : , .,2;.,; _ : , :t� chins elasatp fa�ie�. Le� �$ ae�tiar� soae specit3c a�pl�a oP �Yiat va+v�e _ .:�d to p�t�up irith: ' :� . . _ . „ , . , - T!�•r�eed to �patch aradcs i.n c�ur �os�a.ciatiau Eine to vibratiaac►s at heaYg � �� a : � � . _ ; � �� - D�ris ia �r:yud -- br3dra� gaper drinlcing at�►s,� paciciag cntea�,,padcing a . , atr� Yeaterta��' aad �sat pl�t �m�lcc. : _ _ .. . . °_ ; _ , .. �'Ae �s ma�Y timea:ve had to ho�e dc� � hanae .Lo �h -o� tbe �filth, ' � ° . ._ - . ` ��1�Mia vM. . . � , � . � , . . . ��.� � � . , . . :..'�: '. . � . � .. . � " , � � . ' . � .. Fhe �hn�tin� off o! air xater �7,y at� the #,3;iee aA �n3n8 �aea� �e beixag . ' ' prepar�d WTTHUDT evea g#.ving a �rni.ng Qr �apolegy`. . � " _ Tl�e �ss in �hiah trhe e�taeeet �ras ].aft f�nediat�e]�r in Yrccit of our reaider�ee ' , ('d�aep hole, :o1d i�rau piPes et�c.}, _ . - The 3nafi.a�l.atioti ot a ctri� _ ; , , � to Lha� parking lot whfc� ca� acroea a good f ; portio� of tdse boulevard- 3ri trcnt :ot e�ur haoe. A ecreplaint Was regfatared with the city sr�d �e are told t��ae t�i3i be correatad. �he qnes�ioe Ss� vhat would have ha�ppe�ned�hud �e not s�tac�i thi,a proble�. Jla pri�s�•e citise�a ar�d Pt�c�pert� ona�ars s►e canno� let ].ar�e �trnctioa c.�apaniei '� • or inatftuf.icna �alk aIl o�er ua. - _ � - Deapite c2a3ms to the aontrary, t�ie adrjac�t paxicing lot haa beca�e a " - . , . Lhproughfare lin�ing A]mcnc� and CaEntisld ��en�es. ; �4iia is not a`c�uce�rn - �t t�e lats nig�it d�atur�ance�s lrcxu racing �otc�s, aquesl#ng tiresy etc. . ' ie a auiseuce to sapr the Ieas�« . - �s tar as `xe ha�e ob�erved ths c�cnstructi.on , . - :. a �F� �a�ci tt�e► I�Bblc�aaeten _ Oe�ter cc�uld c�ra leaa� ahout arJ diacoo�forts t�eit b? ne3ght�e. Zli�re i� � no atte�t to ke�p :tbe ea�riran�t cle�t, � : at If.�h�s prt�lect reati�ee aAY �ei"r�weotal s�p�� !►'ia HUIa� it i.et queetianed : , - f'�ethsr an e�rataent�a3. �aopact a'k.�te�tt shou2tl ha�e been t'�e� bslc�re th8 -,." land t�et ra�ped ot ita tr�es. ��ve talked to qu�te a tev nei�bo�e~xho telt - aa�e.��ea'ac�z7.d have beeu aa�ed - - - b�uL it i8 tt�e I�fei�b2aael�e��s prop�rt�. � We eould go.:�z and c�2 _ . ; , _ . . . . . _ : 'Per�tapa '� .i�divfil�ui prc�pertp a�ers. c�o not hatre �ah ;of:a d�ce ...�:�re±ll. �s�e, : , . . . ... . HoQis�'n]:2�►•� i�.ating goi►er�#.al bcydf;es vill h�ar dnr��ra�ce a�d 11at�ea. I� is � ielt beat t�r a9o�lc t.�raugh �xia tin� channe� than �a f i�jit.ths �tat'�1.e; f3.a o�6her � ' mesua. i/e r�quedt atrict ardbere�ce be given �o` tt�e applicat�tm bf �3stiri�.r�gnla-_ ticne� Plaasa �ssd �ia @ocu�neirtt a� the hearing ii need be. lhsntic ycu. . . _ . , S'�'t�1J� .. . . . . - . ` _ � � . , , . t.�'' : . - ert J. Kit�c � ' cc� daan Bs�an � � : . , � <_: _ � . , _ , _z a . = ,_ ; _ . � .:' •..�: � �� . . ; _ _ ; ` NOi:!:E OF PUBLIC HEARING CITY OF SAINT PAUL BOARD OF ZONING APPEALS 421 WABASHA - 2N0 FLOOR SAINT PAUL, MINNESOTA 55102 March 25, 1977 You are hereby notified that the Board of Zoning Appeals will hold a public hearing on the appeal of: LYNGBLOMSTEN HOME 1298 N. Pascal regarding property located behind their existing building, on the north side of Almond between Pascal and Albert. , The proposal is to vary the height restrictions in an RM-2 district to allow a six-story elderly housing development. Property owners within 350 feet of this property are notified that the Board of Zoning Appeals' public hearing on this request is on: Tuesday, April 5, 1917 2:00 P.M. � City Council Chambers 3rd floor City Hall & Court House City of Saint Paul You are invited to attend this meeting if you have any interest in this matter. Further information may be obtained from the Zoning Seciion of the Planning Department, 421 Wabasha, 2nd floor, telephone number 298-4154. Enquiries should include the followinq reference information: Zoning File Name - Lyngblomsten Zoning File Number - 8093 Contact Person - Jean Berman STANLEY FISHMAN, Secretary Board of Zoning Appeals CITY OF SAINT PAUL DEPARTMENT OF PUBLIC WORKS DANIEL J. DUNFORD DIRECTOR . January 28, 1977 Rose Mix � City Clerk Room 336 City Hall � St. Paul , MN 55102 Dear Ms. Mix: � As you requested, we have investigated the driveways serving the Lyngblomsten Retirement Center parking lot. Although, the driveway at the northeast corner of the parking tot was previously approved its partial installation is temporary and will be modified next spring. Specifically, the modification wilt call for narrowing the driveway ' from 26 to 20 feet so that it will not utilize as much of the boulevard area in front of the �litsch residence located on the south side of Canfield Avenue just east of the parking lot. in addition, the Contractor has agreed to restore Lhe boulevard area. We have checked the site on two different occasions following snow falls and have found that there is very little evidence of people utilizing the parking lot as a short cut between Almond Avenue and Canfield Avenue. We are quite sure that if this movement does increase � over what appears to be the case now, this would also concern the Lyngblomsten Retirement Center operation and they would take steps to see it is minimized. Yours very truly, Daniel J. Dunford Director of Public Works RHR:ced cc: �li-. 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Pau� DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES ASSESSMENT DIVISION 1t3 CITY HAII ST.PAUL,MINNESf3TA 551t11� April 22, 2977 � File XL881, Page 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 Citq of St. Paul will hold a public hesring in the Council Chambers of the Citq Hall and Court House (thfrd floor) at 10:00 a.m, on May 5, 1977 on the: � Application of the Lyngblomsten Home for a PERMIT to allo� a height variance on the south side of Midway parkway between Pascal Street and Hamline Avenue. The property is described as: that part of the NG�� of the SE� of the SW'� of Section 22, Tawn 29 north, Range 23 west, lying easterly of the following described line; Co�nencing at the NW corner of the NW� ot the S�'� of the SW� of said Section 22, thence north 8$ degrees 49 minutes, 05 seconda east (assamed bearing) along the north. line of said NW� of SE� o£ $W'� 266.44 ft to the point of beginning of said line; thence south 0 degrees 02 minutes 57 sec atda west 407.5 ft; thence north $9 degrees 57 minates 03 seconde west . 8.0 ft; thence south 0 degrees 02 minutes 57 seconds west 245.53 ft, more or less, to the south line of said NW� of SE'� of S�� and there terminating, excepting therefrom the N 329 ft of the East 180.67 ft. Subject to rights of public in streets Ramsey County, I�i� If you would like further information about this hearing, contact the Current Planning Section of the planning Board, 421 Glabasha Street, or telephone 298-4154. While the Citq Charter requirea that we notify you af the hearing, we � want to help you to learn fully about any action that could affect you or your coaanunity. Therefore, I sincerely hope you can attend this heariug, so that you can make your views about it known to the City Council, whether for cr against. J. WILLIAM DONOVAN VALUATION AND ASSESSMENT ENGINEER = BOrARD OF ZONING CITY OF SAINT PAUL OFFICE OF THE MAYOR CITY PLANNING DONALD L. SPAID AIP PLANNING COORDINATOR rr�i'1�.�..�� May 4, 1977 Rose Mix, City Clerk 386 City Hall St. Paul , Minn. 55102 Dear Madam: This is written in response to the appeal of Lyngblomsten Home for a variance from the provisions of Section 61 .100 of the Saint Paul Legislative Code. This section restricts buildings in an RM-2 district to 5 stories or 50 feet. The appeliant wishes to build a 62 story elderly housing project on the east side of Pascal between Almond and Canfield. containing 105 units. This matter was heard by the Board of Zoning Appeals on April 5, 1977, at which time staff recommended the request be denied. A motion to deny the variance failed on a 3 to 3 roll call vote with one abstention. A motion to grant the variance also failed on a 3 to 3 roll vote with one abstention. The Board was concerned that granting this variance could be in effect a rezoning by variance, as the proposed development is clearly permitted in an RM-3 district. The question of density was also discussed. The density restriction for an RM-2 zone pertains to apartment units and its application to nursing homes is unclear. The Board of Zoning Appeals' decision not to grant the variance has been appealed to the City Council . It is scheduled to be heard on May 5, 1977. Sincerely, (%�,�,� �.��, ,Y F 1Jean S. Berman City Planner JSB/gf Enc. Zoning File No. 8093 421 Wabasha Street, Saint Paul, Minnesota 55102 (612)-298-4151 0 . • . , . , . . . . . . e.. . , � . �. � , � ��.,.i_�� . . .. PLANNING BOARD STAFF REPORT April 5, 1977 PiBt �p 30 8093 1. APPLICANT'S NAME : Lyngblomsten Home 2. CLASSIFICATION : � Amendment � Appeal � Permit � Other 3. PURPOSE : 6 story housing for the elderly project 4. LOCATION . Northeast corner Pascal and Almond 5. LEGAL DESCRIPTION : see attached 6. PRESENT ZONING: �-2 7. PURSUANT TO Zoning Code Chapter: 61 .100 Section: Paragraph: 8. STAFF INVESTIGATION & KEPORT: Date: 3_28_�� BY� �SB A. PROPOSAL: The appellant wishes to build a 6 story housing for the elderly project. It would contain 105 units. 6. FRONTAGE & AREA: Fronta e on Almond Total Area acres i Proposed Development 256 ft. 1 ,6 Lyngblomsten Total 631 ft. 6.6 C. VARIANCE: Section 61 .100 of the zoning ordinance limits the height of buildings in an -2 district to 5 stories or 50 ft. The south elevation of the proposed development (the side facing Almond) would be about 56 ft. high. As it is a split level development, the other elevations would be about 64 ft. high. D. SITE CONDITIONS: This is a vacant, wooded, gently rolling site. It occupies t e southwest quadrant of the block owned by the Lyngblomsten Center. The site is bounded by streets on the south and west. The site rises steeply about 6 ft. above street level along Almond. To the east is Lyngblomsten's newly constructed elderly care facility and to the north is the original Lyngblomsten building. The northern portion of the subject site is presently being used for parking. E. AREA CONDITIONS: The block owned by Lyngblomsten is zoned RM-2 for medium density mu tip e fami y development. Except for the Sholom Home one block to the west and the Salvation Army's property one block to the south, which are also zoned RM-2, this is an area of single family residential development. There are small well maintained newer homes to the west and south of the subject site. There is a church kitty-sorner from the subject site at the southwest corner of Pascal and Almond. F. FINDINGS• 1 . he proposed development would be permitted without requiring a variance with an RM-3 zoning classification. 2. Although this is a somewhat hilly site, there does not appear to be a physical basis for the requested variance. 3. A 5 story building could be built on this site without requiring a variance. G• STAEF RECOMMENDATIONS: Based on the above findings, Staff recomnends that the appellant's request be denied. . MINUTES OF THE BOARD OF ZONING APPEALS MEETING ON TUESDAY, APRIL 5, 1977 AT 1 :00 P.M. IN CITY COUNCIL CHAMBERS, SAINT PAUL, MINNESOTA PRESENT: Mnes. Zachary and Morton, Messrs. Fishman, Grais, Benshoof, Horak and Hunmer of the Board of Zoning Appeals; Mr. Philip Byrne, Assistant City Attorney; Mr. Richard aney of the Division of Housing & Building Code Enforcement; Mr. Charles McGuire and Mnes. Berman and Fox of the Planning Staff. LYNGBLOMSTEN HOME (#8093): An application for variance to construct a 6-story apartment building on property located on Pascal between Midway Parkway and Almond. The appellant was present. There was opposition. Ms. Berman showed slides of the subject site and read the staff report. . Mr. Roger C. Hennings of 1150 Northern Federal Building appeared on behalf of Lyngblomsten Home. He passed copies of a letter to the Board members outlining Lyngblomsten's purposes for wanting to build the apartment building. He then read this letter and said 1700 questionnaires had been returned to them in favor of the retirement center. He said there have been 30 persons who gave their names and wanted apartments. He said Lyngblomsten presently has a 144 bed nursing area and that many individuals have spouses who have no place to stay in the area. In the proposed apartment building one spouse could take care of the other one who needs nursing care. He said this would serve the needs of the community. Mr. Greg McGough showed a plot plan, and also spoke for Lyngblomsten Home. He said that obviously they could spread out and build 5 stories and accomplish the same thing with 105 units. He said it is their intention within a year to build another unit of the same type with another 105 units, to bring their capacity to 210. However, he said, if they spread this proposed building out, they will not have the room to follow through with the second unit. He said they would be forced to sacrifice their green area. He said that a 5 story unit does not lend itself as well to the land they have as a 6 story unit would. He told of checking the light situation, and said that on April lst at 9 AM the shadow of 6 stories would extend 77 ft. , which is not quite the center of the road. He said that anyone on the west side of Pascal would not be involved, and that the proposed 6 story building is not going to cause shadows for the neighbors. He mentioned the need for 105 units and the waiting list Lyngblomsten has. Mr. Humner asked why Lyngblomsten chose to not ask for rezoning to RM-3, but wanted the Board to do the same thing by granting a variance. Mr. McGough said they had been advised that the variance was the route to go. Most everyone involved was able to recognize the need for elderly housing and had advised Lyngblomsten to ask for the variance and there should be no problems. Mr. Benshoof inquired whether Lyngblomsten had calculated the shadow to the south across Almond at any certain time of the year. Mr. McGough said there would be no shadow to the south, and that the sun never gets north of the buildings. He said the shadow would always be northwest, directly north, or east, and the only residents to be affected would be to the west. ' . , . Lyngblomsten Home Page 2 Mr. Benshoof asked why Lyngblomsten carr�e to the Board of Zoning Appeals instead of the Current Planning & Zoning Committee, as this would be rezoning by variance,. Mr. Philip Byrne said if the property were �^ezoned, there would be no maximum height requirement. Mr. McGough said the entire piece of property would have to be rezoned if they filed for rezoning, which may or may not be desirable. He said that inasmuch as Lyngblomsten would like to start construction within a month, they thought that a variance would be a faster method than aski�g for rezoning. Mr. Benshoof said the Board would be setting a precedent if they grant the variance and then Lyngblomsten comes back and asks for another building of the same size. Ms. Morton remarked that the Board of Zoning Appeals does not set precedents. Mr. Fislman asked Mr. McGough if he was familiar with the items on which the Board must make judgment. and he said that to be consistent, the Board must find from these facts and the make sure all findings are met. Mr. McGough said that in order to maintain the green area, which Lyngblomsten feels is very desirable with these old people, and to eventually come to the total amount of units they feel they are capable of handling, and to set up one meal programs for these people, everything Lyngblomsten has set up is for a certain number of people. He said the general idea in developing this site is to get the number of units into the area so there is enough area left in which to add the rest of the units a year or so down the road. He thought this explanation would answer the physical property item. Mr. Fishman said 5 stories can be done without a variance, and as far as the 6 stories were concerned, if Mr. McGough had said this could be done by stretching it out, then this was the type of physical property requirement he meant. Ms. Berman said she had conferred with Assistant Attorney Thomas Sipkins, and he had told her that as far as 6 stories being varied, there might be a case if all the land on all sides sloped in towards the middle and there would be 6 stories in the middle and 5 stories on the outside--then he might see a need for variance. Mr. Fishman asked where a person began to count stories, and Ms. Berman said if you stand across the street, it looks like 6 stories, on the south side looking north. Alongside, it would look like 7 stories. She said a story is defined by the zoning ordinance as not including the basement. Mr. Vern Huso of 1039 West Idaho, Vice-President of Lyngblomsten Home, said there are a number of reasons why the 6 stories were chosen. 1 ) Economic reason. He said Lyngblomsten has funds reserved granted by Housing & Urban Development to build this building. 2) It must be built within the dollars HUD has granted. 3) Rents are contingent upon capital investment made. They can build the building 5 stories, but it means rents in the final analysis will be slightly higher and that distance to elevators for rooms is slightly longer. The 5 story building would destroy some green area, Mr. Huso said. He said the existing facilities have been built and designed to accommodate 500 plus people in the complex and those installations are complete. If they .have to eventually house 25 less, there is Lyngblomsten Home Page 3 no serious problem, but this will be reflected in the rent structure. He said HUD encauraged them to build 6 stories because of the way it fits on the land and because of various functions. He said their plans are complete and would have to be re-drawn to design for the 5 story building. He said it is an �economic problem, mostly to those persons to whom Lyngblomsten would rent. Mr. McGough said that regarding height, possibly something that would help in giving a more clear picture of how the building would fit on the site would be to consider the whole site, the 6� acres, and average it, and the roof would only be 4 ft. above allowable limits. He said if taken from just the hole it is sitting in, they are asking for l� ft. Otherwise, they are only asking for 4 ft. Mr. Benshoof inquired as to the type of sprinkler system Lyngblomsten contemplated and whether this would include a11 apartments or just hallways. Mr. McGough said there would be a wet system, and that it will have to be whatever the State Board of Health requires. Mr. Benshoof said he had talked with the City Fire Marshall as to how high they can go with their equipment into a building and the answer was if they can get within 20 feet of the building with their e ui But if they cannot get within 20 ft. of a buildpingt�ithstytortens�the 62 feet. He asked Mr. McGough what plans they had on the north side, the green area, for parking. Mr. McGough said it will be accessible. He also said this has to clear with the St. Paul Fire Department . He said the fire department will have access all the way around on all sides. Mr. Reuben Schmugge of 1454 Almond Avenue said he was confused as to where the building would start. He wanted to know what the setback would be from Almond and also from Pascal. Mr. McGough said from Almond, the setback from the lot line is about 35 feet, and from Pascal , it is 68 ft. from the curb line. Mr. Schmugge said Lyngblomsten had talked about their buildin ago, proposing an 8 story building and a 14 story building. Mostrofrthe5neighborsars had okayed this, provided there would be covered walkways and the green kept intact. He said that with the new building Lyngblomsten has put up, there is parking on both sides, and instead of greenery, they are having lots of parking lots, and neighbors are now against this new proposal . Mr. Horak asked Mr. Schmugge if he would be against a 5 story building or against any building at all . Mr. Schmugge said he is against any building because of.. all the park�ng. � Lyngblomsten Home Page 4 Mr. McGough said Lyngblomsten is just finishing up the building to which Mr. Schmugge referred and he told of the trees and sod that are now going in. Mr. Ellsworth Ingvalson of 1392 Midway Parkway said he could not understand why the project had to move so fast. He said nothing had been said before the hearing as to two buildings. He said he felt this proposed building would definitely affect property values. Mr. Horak asked if the applicant complied with all the specifics of time requirements . Ms. Berman said thatit was not short notice, that the usual procedure had been followed for requesting a variance. Mr. Humner said he could find no physical reason for granting a variance. He then made a motion to deny the request for variance, and the motion was seconded by Mr. Benshoof. Mr. Benshoof said he could not find exceptional physical conditions, or exceptional practical difficulties or hardship, or substantial detriment to the community. He also said the request was based primarily on a desire for economic gain. Mr. Grais expressed concern for the cost to the elderly if the variance is denied. He said if financing depends upon 6 stories, where rents would be less, he could not see where it would make much difference. Mr. Fishman said he could not go along with the motion because of the economic need. He said Lyngblomsten is non-profit and are not in business to make a big fat profit. Mr. Hummer said his motion had not contained that fact, and Ms. Morton explained that Mr. Benshoof had only been explaining his reasons for seconding the motion and had not been adding economic gain to the motion. Mr. Fishman said the idea of 5 or 6 stories has nothing to do with the residents. He said HUD sometimes decides, after waiting 10 years to fund a project, that it will have to be done imnediately or they will take the money away. He said the issue is between 5 and 6 stories, and to be consistent, he would have to vote for denial because Lyngblomsten had made no case of physical reason for needing a 6th floor. Mr. Horak said he could not vote for the motion. He felt there was an economic hardship and the contractor and developer had legitimate cause to come and appeal . Ms. Berman asked two questions at this point: 1 ) What physical basis is there for granting the variance, and 2) Will denying the variance cause hardship or unusual practical difficulty? She told Mr. Horak that he was suggesting that denial would cause difficulty not only for the developer, but to the renters. Mr. Byrne said the language of the ordinance states that one of the factors on which the Board is required to make judgment is narrowness etc. , or exceptional topographic conditions which would result in peculiar or practical difficulties. He said the Board must decide whether the testimony they have heard establishes these terms of hardship. Mr. McGough said possibiy he was remiss in the physical part in not making it plain. The number of units they will build have to be maintained and the exceptional part y . . _ Lyngblomsten Home Page 5 was the green area. He said if they spread the building out, there will be no yreen area left. Mr. Fishman said the appellant must convince the Board members that the difficulty is based on topographic narrowness, shallowness, or shape--something physical . Mr. Grais said he thought the fact that Lyngblomsten wanted to save the area around their building to give them space for future needs later on did meet the requirements. Mr. Benshoof said Lyngblomsten said they also wanted to keep the area for future development, and there goes the green ar�ea. Mr. Fishman asked if Mr. Benshoof would withdraw his motion if Lyngblomsten could make a case regarding their green space, but Mr. Benshoof said no. Ms. Morton reminded the Board that they must find the first finding regarding exceptional physical conditions. Mr. McGough asked whether the green area would not be an exceptional thing. Mr. Horak agreed that the green area would be a physical thing, and Ms. Morton asked Mr. Byrne to comment on the green space. Mr. Byrne said as far as the green area being a criteria, it was up to the discretion of the members of the Board and he did not think he should intrude upon the Board's decision rights. Mr. Grais and Ms. Berman then discussed additional development on the property. They agreed the appellant was not exceeding density requirements for RM-2 and ` wondered if Lyngblomsten should consult the Building Department regarding their long term plan and whether it will work. Mr. Humner's motion to deny the variance request then failed on a 3-3 roll call vote, with Messrs. Horak and Grais and Ms. Morton dissenting, and Ms. Zachary abstaining. Mr. Horak then made a motion to grant the variance, which motion was seconded by Mr. Grais. This motion also failed on a 3-3 roll call vote, with Messrs. Fishman, Hummer and Benshoof dissenting, and Ms Zachary abstaining. Ms. Berman then reminded Mr. McGough that Lyngblomsten has the right to appeal to the City Council . She said the question of equity may more reasonably be discussed at the level of the City Council. She said Lyngblomsten may appeal within 30 days. and a resolution will be served. Submitted by: Approved by: �v�� .. 1 / ��j > � ' i �iv%L t'r2-t-t��--� . �� Jean S. Berman Gladys Morton, Chairman • i. • . APPL�TION FOR �£.`�li�a ORDINANCE VA�NCE ' `'�'�� CITY OF SAINT PAUL Y�� Z(�N I NG BOARD (� �+ � A VARIANCE OF ZONING CODE CHAPTER 61 , SECTION 2'0 ��1�Fii�— IS REQUESTED IN CONFORMITY WITH THE PdWERS VESTED IN THE ZONING BOARD TO PERMIT THE bill.1d�Iiq of elderly housinq ON PROPERTY DESCRIBED BELOW. A. Applieant; NAME: Lyngblornsten HOI� ADDRESS 1298 I�TO. Pascal l. Property interest of cpplieant: (owner, eontract purchaser, etc.} �- 2. Name of own�r (if different) B. Property Deseription; ADDRESS See AttSCYl� 1. Legal description: LOT BLOCK ADD. 2. �ot ��:e: 6.304 acrea 3. Present Use 'e�ly � Prosent Zoning Dist. � 2 C. Rsasons for Request: 1. Propossd uss Sousing for Elderly 2. What charaeteristics of the propsrty prevent its being used for any of tlre perinitted uses in your zone? See Attached 3. How do the above site conditions prevent any reosopable use oF youc property::under � the terms of the Zoning Ordinanee? See Attached - ;, -�, ;� I' y�� i� (�;j' ��J � �� l� ll � � ��l � 4. State the specifie vaciotion requested, giving distart!''As he►e appropriate. , ' .. From 5 to 6 stories _ c� � ;`��;�' � ri� (� J Heiqht in excess of 5U feet . Explain how your case eonforms to eaeh of the foll ` s ��'�'�61kj.� � f i ,�- $4�� 't r, y: a. That the strict applieation of the provisions of th�3iAfiing Ordmtrnee"woulsJi�esult in peeulicr or exeept' ndue hardshi s. See Attached Z�� _ 0 9� � b. That the granting of a varianee will not bea substantial detri- CASHIERS USE ONLY � ment to fhe public good or a substantial impairment of the intent and purpose of the `„ Zoning Ordinanee. w � See Attached L�cGc�uqb GbDStructian L signature • ` Case Number Date Received � . .� d� , -�.s � ' � > �� '�._, - . :k� ' } �r ::,- � .. , „1, .� �vi _ro• '� . � � � � . .. . 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'x ,t � , . .. �_�Iy��'�"'��Yti4 �.0!A . .•.;,+�j.l�1 � :Ye..ILJ.!wi�7F�. .. � .. ._... .♦ . •._ . . . .... .. ��9�:�� C ITY OF SAI NT PAUL OFFICE OF THE CITY ATTORNEY May 11, 1977 HARRI ET LANSI NG Mrs. Rose Mix City Clerk City of Saint Paul 386 City Hall Saint Paul, Minnesota 55102 Dear Rose: Enclosed are requested resolution for Lyngblomsten Home and related file papers. e y truly your ! c � ��/ ` � , HARRIET LANSING , City Attorney � � � "� ,# �� . � �tt3 W � tt1"' x �►t'� � C�sT � � �'� ,� 0 .s �.,�� —� ;� HL:er �''� � ; � Encls. r� ,� � ;,� City Hall, Saint Paul, Minnesota 55102 612 298-5121 �-� � v i v .. ... � i.� v v...___ ____._.__. __. ._ . .._.,_._ - --� - -__ - � _�._... ___�_____ �_ o____ _ __:� � __o o O o ~� �I Q� ._._o � 0 � _._ --- � � � � �, -=�- �;. � p �..: O � O O � + O �� o a. a a cn o o ' .� a w o o -� o °° � � � o 0 O t� p �' p p Q p �C F � � C? p O O � c� _.._. R q N k sa o o � ; o , o o ° .� ,�.. � o �a ° o � 0 0 0 0 � , o C o �-� � o Q o o � c� o o , , � °� � oc� aoo � _ --�°- ° ° � � -� P � , � ; � o n , � O -, ( � � � � � ` , i � ---� � .1 � 1 � 1 v � � , ;�, �� "� � � � I I , , -- . � � �` i �� . f; *, � �, ° o o � o 0 oio 0 0 0�c � 00000 o � . R T� a 8 � J�--�--`�- . �PAR K W�►Y _._.. -�-�~"' P- S 9 ....�+ � R, .. � o , v � 00000000 �� . � � o o , � ( , � ! � o 0 0,; c� a o �-� ,, oo ¢� `oo � o ( � ; a ; oU � G�4 N F 0 E L D � HoME foR —• S T. o � o a o 0 0 0 0 o d b :::�,��:...;.,a:��v � �o O O�� O O CJ�Q� ' r � � � � � , � � t ' _ ' i � ( j i I 0 00 0000a " �, 000000 �: 0 0 0 � �:'�:-::.::`:::�:::�:�:�::��:�:`::::::�� ALM�N 0 :::..:::. :::. — AV E . ,.�., ---- ---- -� 000000000ao� o t .� o 0 00 � 000 0 0 ,0 0o c o ; a; o � � Q � � - � - - , � � � , i- , , , cn ' , ' ' ' � ; � 000 0000000000o Q o 00 00 0 � b o Q o '� � � o ; o' p� � A L 6 A N Y --r �--- -- AV E. 00 , ' � � � � � oaa � �i ! �� q � O� �, i� � ,� ooa �ro�c � xA rar� k � ; � � _± ,� �� 3� , � k i�� . : � � Al�EA M�►P APPLiCANT LYNGBLOMSTEN HOME LEGEND — -- Z4NING D{STRICT �OUN�ARY PURP�SE � Story Apartment Building ��"�l.:�d SU�JECT PROPERTY O ONE FQMlLY 8093 � TW4 FAMILY FII.E RI4, i�IUL.Tffi�.E FAMILY DATE 4-5-77 �`"�" � • � � C4MMERCfAL 5�A�E : !"= �07' .CNfl�?TN `:.�. 0 �`•�► lN�USTRlAL s�ar�T �A�� ,��r�� e�a�t� V VAC�NT 56436. ,��.�� aF T� �o��, I� E C E i �� -` ^ � 10:00 A.M. � I�ay 5th, 1977 M AY 1 0 1977 COUNCIL CHAA�F�2S - CITY HALL & COURT HOUSE CITY ATTORN�`; SAINT PALTL, MINNESOTA The meeting was called to order by President Sylvester at 10:05 A.M. Present - Councilwomen Butler, Hunt, Council.men Hozza, Levine, Roedler, Tedesco, President Sylvester...7 Absent - . . .0 Hearing was held on the appeal of the Lyngblomsten Fiome for a pertnit to allow a height variance on the South side of Midway Parkway between Pascal St. and Hamline � Ms. Berman of the Planning Staff, reviewed�he issue and said the Board of Appeals considered the matter and a motion to approve the appeal failed by a - 3-3 vote and a motion to deny the appeal failed by a 3-3 vote. She said the Board of Appeals considered that the matter could be allowed in an RM-3 District and there are also some density issues that are unclear. Mr. Roger Henning, Attorney for Lyngblomsten Home explained the ownership of the home and its present operation. He said the request is for a 6 story building on the basis of economics, green area needed and benefits to the elderly. He said the building will be constructed as a 5 story building if the appeal is not granted. Councilman Roedler asked the reason for an abstention on the Board of Zoning Appeals and asked if there is opposition to the matter. bir. Greg McGough, of McGough Construction Company and the Architect for the project showed pictures and a plot plan of the present and new facility. Mr. Leo Berger said he and others are present representing the Como Community Council, District 10 and he pointed out that this same type of decision might also be under consideration for the Jewish Home in the same area, but they do not favor or oppose the appeal. An unidentified man appeared and szid economics is not supposed to be a reason to grant an appeal and he said he doesn't think green area is a factor. At the question of President Sylvester, no one else appeared. Councilman Roedler referred to a waiting list of 3 years at the Wilder facility and he said tliere are waiting lists for other housing yor senior citizens. Councilman Levine said he viewed the site and he referred to different grades on the property and he said they could build 5 stories now and he is also aware of the long wainting lists. He said with 5 stories the building would have to be spread out covering more green space. Councilrnan Tedesco said he is also familiar with the establishment and he will support the proposal. Councilwoman Butler moved approval of the appeal. President Sylvester asked if the approval would meet the criteria of the Zoning Ordinance and Iiarrie� Lansing said to prevent an attack she would recommend the Council make findings as set out in the Zoning Ordinance. Councilwoman Hunt said use by senior citizens is not the same as other rnultiple units and this could be one of the findings. Councilwoman Butler said she has careflzlly read the Minutes of the Zoning Board and is convinced that the reasons for her motion granting the variance are the same as those .set out in the Zoning Board r'inutes. Councilman Hozza suggested that the Resoiution approving the appeal reflect the findings of the Cot:ncil. Roll ca11 on the motion. A dopted. Yeas - 7 Nays - 0 Hearing was held to consider the advisability and necessity of ordering the correction or wrecking and removal of a structure at 772 Hague Ave. 1•ir. Steve Roy, of the Housing Code Division, said the 2 buildings to be considered at today's meeting are structurally sound but they are abandoned and he has been unable to get a response from the ow�ners. President Sylbester asked if anyone was gresent representing the owner and no one appeared. Councilwoman Hunt said she has a problem with the policy to remove structurally sound buildings because of the demand for housing and Councilwoman Butler said she also has the same concern. (Discussion continued to the following page). 167�/�—ARida��t of Sorvicx By MdIL �RCVISld IYTZ) �AAOY.MAI16U115 CO ST.►AUI,MINN. : �tate of �Iirine�cota, Ramsey ss. Count}� uJ _ _ ._ _ _ . _ _ . , --.___ _ _.-- -. _ ,12dq..S. .62Y'Clldtl_ . . _ _ _ _ _ _._ __ -.- - _ _ .__ _ _.._-- - --- , being �irst duly sworn, deposes and,saya that o,� _. ARr..i.l. 26__ , 19 . �7 , . . Sh�- srraed th�� attach��t _Reso.l.u�ion - --� -----------------�-�----- � ---�-----._.._....,..._.... , ._ ___ _ -- -- -_ _ _ _ _��,�,t Lyngbtomsten Home :___ ..- --- -- .- ` ---- _ -- --�-- ---- -------- - -- --��--- -----. ... d�tl�i33f�i�jx for _ _ ._ _ _ _. _ __ ._ . - ___._ .. ... -...___-- -- ----- - -- -- - ------ -- --- - - by placing a true and corrrct eop�� tlic rrn� in an c�naclo/�e� addrr.�srd a� follou�s: Lyngblomsten Home, c/o McGough Construction Co. , 2737 No. Fairview Ave. , St Paul , Minn. 55113 Attention: Gregory J. McGough (u�hich is the last known aeidress of said attorney�) and depositir��,� the sant�, with postage prepaid, in the United States mails at $t �?dLF� �-- .. _. __ . _. _. .. - -- , Minnesota. , Subscribed nn� sworn to be•fore m�• this ___ 26.�h..._ . da��l - ...Apr�� --- -- ---- --- , �9 _77-- �A� � Or�.---�----- ...__ --- - _... -- - -.......-- �- - ---------------�----------.... s/�ALAl.s#��,ANn1.^n,A+cld'��AA,�Ai�a1A�4.A 4k.Ab►/,.dQ.A _ ,re' >;)IDIE A �OX � � ,., �� , � �, -t ,; �'h IL18ill .��t�.Ji'�� a .: � .r S �p/ e �,.�,, . �,�:r:� � ;:� � .�-. '..... ........ ........ ... ... .._. . t . -�- - �------ -�-- - -- �-�-- .. No ary , ��: � � .. . � . . . . .;1 . ��"r.;�JJ'i '�':�i'6'Cl( city of saint paul board af zoning appeals resolution zonii�g file number_�.�_ d�3�e ---- -� ��._1_�9� 1977 ------ WHEREAS, Lyngblomsten Home has applied for a varianee� from the strict applicat9on of the provisions of Section 61 .100 of the Saint Paul Legis- lative Code pertaining to height restrictions in an RM-2 zoning district, and WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on April 5, 1977 pursuant to said appeal in accordance with the requirements of Section 64.203a of the Legislative Gode, and WHEREAS, a motion to deny the variance failed on a 3-3 roll call vote, with 1 abstention, and WHEREAS, a motion to grant the variance failed on a 3-3 roll call vote, with 1 abstention; NOW, THEREFORE, BE IT RESOLVED by the Saint Paul Board of Zoning Appeals that under the auti-�ority of the City's Legislative Code, Chapter 64, Section 206 that as a motion to grant the variance was not passed, the request to relax the height restrictions (on the property described in Exhibit A attached hereto) is not granted. This is reflected in the Minutes attached hereto as Exhibit B. moved by Hummer _ seconded b _ � ! — �/ Benthoof __ in favor 5 against _ o