269748 WHITE — CITV CLERK �
PINK — FINANCE GITY OF SAINT PAiTL Council i��� �p
CANAItV — DEPARTMENT
� BLUE — MAVOR File � N0. � � �
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rf�Lin JZCP, Ordinance N O. 1 ��
Presented By
.�, _
nReferred To Committee: Date
Out of Committee By Date
An ordinance amending Ordinance No. 15881, ap-
proved August 29, 1975, entitled "An ordinance
adopting a new zoning ordinance for the City
of Saint Paul, repealing Chapters 60, 61, 62,
63 and 64 of the Saint Paul Legislative Code
and the zoning map of the City of Saint Paul. "
THE COUNCIL OF 'FHE CITY OF SAINT PAUL DOES ORDAIN:
Section l.
That, having knowledge of the voluntary affidavit of Frank
Horner, owner of property at 1604 and 1611 Selby Avenue, attached
hereto as Exhibit A, the Zoning Map of the City of Saint Paul, Sheet
No. 18, as ir�corporated by reference in Section 60.401 of the Saint
s Paul Legislative Code, is hereby amended as follows: �
The property owned by Frank Horner at 1604 and
n
1611 ;�elby Avenue between Snelling Avenue and Fry Street,
� more`particularly described as;
"Lot 17, Block l, and Lot 7, Block 10, Kuhl ' s
Ac�dition"
� is rezonecl from RM-2 to B-2.
Section 2.
This ordinance shall take force and effect in thirty (30) days
from and after its passage, approval and publication.
COUNCILMEN
Yeas Nays � Requested by Department of:
Butler
Hozza In Favor
Hunt (� �
R'�o'e�ra Against By ,
Sylvester
Tedesco
SEP 2;9 i977 Form Approved by City Attorney
Adopted by Council: Date �J���� �
Certified P s d Council c etary� BY
By _
Approve or: Date 0 ���7 DCT 3 197 Approved by Mayor for Submission to Council
� -
BY � - BY
pUB��si�EO ��! `�� 1977
' V/
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1
! C ITY OF SAI NT PAUL
OFFICE OF THE CITY ATTORNEY
M� • HARRIET LANSING
V ,
�
,g Comm�ti�p�;�
�sion � '
_ Saint .�au�, __- 102
Re: Petition of Frank Horner
Dear Mr. Bryan:
At the April 21, 1977, meeting of the Current Zoning and
Planning Committee, a question arose regarding the legal suf-
ficiency of the petition of Frank Horner, 1599 Selby Avenue,
Saint Paul, Minnesota 55104, to rezone two properties at 1604
and 1611 Selby Avenue from RM-2 (Multi-Family Residence) to P-1
(Vehicular Parking District) . The properties were previously
zoned "Commercial" under the former zoning ordinance. The ap-
plication for rezoning was submitted on the so-called "short-
form" petition(1) which requires no "consent" from owners of
surrounding properties.
The issue is whether this particular request for rezoning is
legally before the Committee on a short-form (no consent) peti-
tion or whether the consent requirements of Minn. �tat. § 462.357
(1976) must be met before the Committee may hear the request for
rezoning.
As a general rule, all small area rezonings require "consents"
as provided by statute. The applicable portions of Minn. Stat.
�S 462.357, Subd. 5 (1976) , provide as follows:
Subd. 5. Amendment; certain cities of the first
class. The provisions of this subdivision apply
to cities of the first class. In such cities amend-
ments to a zoning ordinance shall be made in confor-
�.�
mance with this section but only after there shall
�`� � ��l� apparently on the advice of City Planning staff.
' - City Hall, Saint Paul, Minnesota 55102
.« �, 612 298-5121
a , � .�- :
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STATE OF MINNESOTA) �
:SS AFFIDAVIT
COUNTY OF RAMSEY )
FRANK HORNER, being first duly sworn on oath deposes and
says:
That he is the owner of certain real estate located at 1604 and
1611 Selby Avenue, City of St. Paul , in the County of Ramsey, State of
Minnesota, and owns buildings irr�nediately East of those properties which
were rezoned by the St. Paul City Council .
In consideration for the approval granted by the St. Paul City
Council at their August 11 , 1977 meeting, I hereby agree that the stated
lots vyhich wial .be �defined as B-2 Community Business District shall not
be used for said purpose but shall be used with the intent and establishment
of Vehicular Parking and shall be used for off-street parking solely for
off-street parking of private passenger vehicles as a use incidental to
the principal activity related to the adjacent owned buildings.
Affiant further states that he shall design and construct ade-
quate fences and layout so as to asthetically promote the property and
to minimize any impact on adjacent property to the West.
Affiant further states that under the Building Code fa^ the
City of St. Paul , there is a requirement that would require prior approval
of any new construction and Affiant believes that the neighborhood therefore
further protected from further encroachment.
Subscribed and sworn to before me
thi s •��y�'�i day of August, 1977. --�
--�-�,� �,, , )/;t-�_�-._,�_-_L..-
� ��j � �� RANK HORNER
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��•••, LOIS 1. STANGER
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Yeas Nays
BUTLER
HOZZA
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HUNT
� LEVINE
� itOEDLER �
TEDESCO
PRESIDENT (SYLVESTER)
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STATE OF MINNESOTA)
:SS AFFIDAVIT
COUNTY OF RAMSEY )
FRANK HORNER, being first duly sworn on oath deposes and
says:
That he is the owner of certain real estate located at 1604 and
1611 Selby Avenue, City of St. Paul , in the County of Ramsey, State of
Minnesota, and owns buildings irr�nediately East of those properties which
were rezoned by the St. Paul City Council .
In consideration for the approval granted by the St. Paul City
Council at their August 11 , 1977 meeting, I hereby agree that the stated
lots which wi�l .be 'defined as B-2 Community Business District shall not
be used for said purpose but shall be used with the intent and establishment
of Vehicular Parking and shall be used for off-street parking solely for
off-street parking of private passenger vehicles as a use incidental to
the principal activity related to the adjacent owned buildings.
Affiant further states that he shall design and construct ade-
quate fences and layout so as to asthetically promote the property and
to minimize any impact on adjacent property to the West.
Affiant further states that under the Building Code for the
City of St. Paul , there is a requirement that would require prior approval
of any new construction and Affiant believes that the neighborhood therefore
further protected from further encroachment.
Subscribed and sworn to before me
this ,��ay of August, 1977. ,�-� �
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� _< ---r� ��-�'z_....-�--�`�-
�� `�� RANK HORNER
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- <��"• LOIS J. STANGER
' '��;� NOT/►;r M1NIC—MINNESOTA
�'`�� � RAMfEY COWNTY
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. . ...... ... ..... .-.t.,..a:a?rp.m.t�..��a�ww,.r. W�wx4.,;.c ,, ,..�awe � s......�.�.r .:., .:. . u:<;. .��tlA�4'dt:f�;�i�1tR14Ker.':h"zs�'
� � .. � . �. . . . .. . . . . . . .. . . � . . .. �
� • \ � � � . . . � '. . . . . . . . ,
Mr. James Bryan
Page Two
April 29, 1977
have been filed in the office of the city clerk a
written consent of the owners of two-thixds of the
several descriptions of real estate situate within
100 feet of the total contiguous ;descriptions of
real estate held by the same owner o� a�y pa�ty
purchasing any such contiguous property within one
year preceding the request, and after the affirma- '
tive vote in favor thereof by a majoxity of the
members of the governing body of any such city.
Standing alone, this provision would require that the petition
for rezoning in question be submitted with the requisite consents
before being heard by the Planning Commission and City Council.
In contemplation of the pending adoption of a comprehensive,
city-wide rezoning of Saint Paul by the City Council, however,
the legislature enacted Laws of Minnesota, 1975, Chapter 261, � 6,
which reads as follows:
Sec. 6. SAINT PAUL, CITY OF; REZONING. Whenever the
governing body of the city of Saint Paul has adopted
a new zoning ordinance or plan, the ci�y may, notwith-
standing the provisions of any statute, charter provi-
sion or ordinance, for a period of two yeaxs after the
adoption thereof, alter the zoning of any lot or tract
from such new zoning classification to a classification
substantially equivalent to the previous zoning thereof
or to any zoning classification, the degree of restric-
tion of which would be intermediate between such new
and previous classifications, without the consent of
any property owner. The alterations authorized by this
section shall be made only after a public hearing on
such proposed change has been held by a committee of the
governing body or by a designated agency of the city of
which hearing written notice shall have been mailed to
the owner of the affected property and all the owners
of real estate within 350 feet o€ the affected property
according to the records of the auditor of the county
� , , • ;
.. . ,_.. „ � . ,� ,... ,
. . • .
, �
Mr. James Bryan
Page Three
April 29, 1977
in which such property is situated and such altera-
tions thereafter adopted by the affirmative vote' in
� favor thereof by 2/3 of all of the members of the
governing body of the city.
The theory behind the statute appears to have been a recognition
that the statutory nptice requirements and substantial media cov-
erage of the impending city-wide rezoning would still be insuffi-
cient to alert many property owners to the effects Qf the rezoning
on their properties, and also a recognition tha* a city-wide re-
zoning of thousand of parcels of property would include some
mistakes. The intent of the statute, therefore, wa�s to provide
a vehicle, under certain limited circumstances, for the rezoning
of property without "consents" where such property may have been
improperly zoned in the comprehensive rezoning by reason of mis-
take, oversight, etc.
The key language of the provision, the operation of which is lim-
ited to a two-year period following adoption of a comprehensive
rezoning ordinance, is that ". . . the city may . . . alter the zoning
of any lot or tract from such new zoning classification to a
classification substantially equivalent to the previous zoning
thereof or to any zoning classification, the degree of restric-
tion of which would be intermediate between such new and previous
classifications without the consent of any property owner. . . . "
In the instant case, the question is whether the proposed P-1
vehicular parking district is a classification substantially
equivalent to the previous zoning which was Commercial; or
alternatively, whether the proposed P-1 vehicular parking dis-
trict is substantially equivalent to any zoning district, the
degree of restriction of which would be intermediate between RM-2
(Multi-Family Residential) and the previous �ommercial classifi-
cation. If the answer to either question is in the affirmative,
the Horner short-form (no consentj petition is legal�:y sufficient
and may be heard by the Committee for recommendation to the Plan-
ning Commission and City Council. If, on the other hand, both
questions are answered in the negative, the Committee may not hear the
, . � . . ... ,. � . , . .,
� � . .. � ,
, ,
Mr. James Bryan
Page Four
April 29, 1977
petition for rezoning until the consent requirements of Minn.
Stat. � 462.357, Subd. 5, have been met.
We have reviewed the provisions of Sections 60.570-.573 of the
Saint Paul Legislative Code wh�ch contain a description of the
uses permitted in a P-1 Vehicular Parking District; only off-
street vehicular parking lots accessory to commercial or indus-
trial uses are permitted within the zone. We have also reviewed
the provisions of the former zoning classification, Section 60.Q5
(now repealed) , entitled Commercial Districts.
It is apparent that a P-1 Vehicular Parking District. is not
"substantiall�r equivalent° �2� to the former Commercial District
classification within the meaning of Laws of Minnesota, 1975,
Chapter 261, � 6. "Special purpose off-street parking facili-
ties" were permitted under the old aoning ordinance, Section
60.23 (6) (a) , in residential as well as commercial zones. The
fact that parking facilities may have been permitted in A, B,
and C Residence Districts and Commercial Districts does not, in
our opinion, make those districts "substantially equivalent" to
P-1 Vehicular Parking or vice-versa.
Nor, for the same reasons, is a P-1 classification equivalent to
any zoning classification "the degree of restriction of which
would be intermediate" between RM-2 Multi-Family and the former
Commercial classification. The intermediate classifications
would include RM-2 (Multi-Family Residence) , OS-1 (Office-Service) ,
B-1 (Local Business) and B-2 (Community Business) .
A P-1 Vehicular Parking District is a special zone, somewhat re-
moved from and outside of the normal continuum of residential,
commercial, and industrial zones. It is, in many respects, the
most restrictive zoning classification, and it represents a
legislative determination that such parking facilities have a
different impact on surrounding land uses and�operty values,
etc.
�2�Under the new zoning ordinance, a B-3 General Business District
would be substantially equivalent to the former commercial
district.
�} i��� �
�� B(JARD OF ZONING CITY OF SAINT PAUL
'� - ` OFFICE OF THE MAYOR
' ' ► CITY PLANNING
DONALD L. SPAID AIP
PLANNING COORDINATOR
August 10, 1977
Rose Mix, City Clerk
386 City Hall
St. Paul , Minn. 55102
Dear Madam:
This is written in response to the petition of Frank Horner to rezone
property at Selby and Snelling from RM-2 (Multi Family Residential ) to
B-2 (Community Business). This property is further described as Lot 7,
Block 10, and Lot 17, Block 1 , Kuhl 's Addition. The petitioner would like
to use the property for off-street parking for adjacent businesses.
This matter was heard twice by the Current Planning and Zoning Committee.
The first hearing, on April 21 , 1977, was a petition to rezone the property
to P-1 , a parking district. Planning Staff recommended approval of this
petition. An attorney representing neighbors opposed to this rezoning argued
that the short form petition could not be used for a P-1 rezoning request.
A motion was made by Mr. Pangal and seconded by Ms. McGinley to lay the case
over two weeks and to request the City Attorney to give an opinion on the
matter. The motion passed unanimously. On April 29, 1977 the City Attorney
gave the opinion that the short form cannot be used for rezoning to P-1 .
A copy of this opinion is attached.
On May 10, 1977 a new petition was filed to rezone this property to B-2.
This request was heard by the Current Planning and Zoning Comnittee on June
2, 1977. A motion to recommend denial was made by Mr. Hummer and seconded
by Mr. Willits. It passed on a 5 to 1 vote, with Mr. Sherwood dissenting.
On June 24, 1977 this matter was heard by the Planning Corrunnission. The
Planning Corrannission thought that parking would be a reasonable use for this
land, but did not thi�k a B-2 zoning was appropriate. A motion was made by
Ms. McGinley and seconded by Mr. Pangal to recommend a rezoning to P-1 .
The motion passed on a 13 to 1 roll call vote.
This matter is scheduled to be heard by the St. Paul City Council on August
11 , 1977.
Sincerely,
9.�oN� ��
/
Jean S. Berman,
City Planner
JSB/gf
Enc.
Zoning File No. 8110
421 Wabasha Street, Saint Paul, Minnesota 55102 (612)-298-4151
0
� _ • ► r _
, '
Mr. James Bryan
Page Five
April 29, 1977
It is our opinion, therefore, that the petition of Frank
Horner to rezone properties on Se1by Avenue is not properly
before the Committee; that, before the Committee may� hear the
application, a long-form petition with the "consents" required
by Minn. Stat. $ 462.35�, Subd. 5, be obtained and submitted by
the applicant.
If there are any questions, please do not hesitate to call.
Very truly yours,
HARRIET LANSING
City Attorney
.
�,o�,�,�,5 /It . S k��.s
P
THOMAS M. SIPKINS
Assistant City Attorney
HL:TMS:er
cc:All members of Committee
Larry Jung, City Planning
Frank Horner
Roger Christiansen
James Campbell
'1 1 1 1
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PLANNING COMMISSION OF ST. PAUL
421 Wabasha
St. Paul , Minnesota 55102
A meeting of the Planning Commission of the City of St. Paul , Minnesota,
was held June 2a, 1977, at 9:00 a.m. in the City Planning Conference
Roan at 421 Wabasha, St. Paul , Mir,nesata.
Present: Nknes. Grittner, M�yne, McGinley, Norton and Pi�cola;
Messrs. Grais, Hummer, McDonell , Ranqal , Prifrel, Sherwood,.
Stegemoeller, Tobler and Willits.
Absent: Mmes. Cochrane and Mont4c�ner,y; Messrs. Bryan. Feder, �
Hanggi and Van Hoef.
Also present; Roger Christianson, Attorney; Frank Harner; Gayle Sum�rs;
Rick Renner and Carol �atsetl , Chamber of Commerce^,
Jerry Mangle and Gary Peltier, Housin� and Redevelo�xnent
Authority; Charles McGuire, Economic Development; J. Berman,
K. Dzugan, W. Fearnsfde, K. Fard, S. Grochala ar�d Greg, Haupt.
�
The Planning Comnission at its June 24 meeting took the followfng actfon:
APPROVED the minutes of the June 10, 1977 meeting. Motian was made by �
Mr. Prifrel, seconded by Mrs. Mayne and `carried unartimously.
DENIED similar use determination requested by Marsha Skeltan for property �
located on the north side of Front Street between Chatsworth and Argyle.
Motion was made by Mr. Hummer. seconded by Mr. Prifrel and carried by a
rall call vote of 13 to 0.
DENIED to reconmend the rezoning of property on the northwest corner of
Victoria and Jefferson requested by the Continental Oi1 Company, artd on
the southwest corner of Victoria Street and I-35E right-of-way requested
by Naegele Outdoor Advertising. Motion was made by Mr. Humner, seconded
by Mr. Willits and carried by a roll call vote of 13 to 0.
APPROVED, by a roll call vote of 12 to 0, a motion made by M�. Hummer,
seconded by Mr. Prifrel , recommending the rezoning requested by Clapp-
Thomssen Campany on property located on the southwest corner of McKnight
Road and I-94.
APPROVED a special condition use pe;rmit for a fast food restaurant with.
parking for 50 cars on the northwes't corner of Prosperity and E. Geranium
requested by Construction 70, Inc. Motion made by Mr. Humner, seconded
by Mr. Sherwood and carried by a roll call vote of 13 to p.
APPROVED, by a roll call vote af 13 to 1 , a motion made by Mrs. McGinley, '
� seconded by Mr. Pangal , to recoamend the rezoning of property located on
the north and south sides of Selby Avenue between Snelling and Fry
to a P-1 designation on the rezoning petition qf Frank Horner Properties. 1
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�' MINUTES OF THE MEETING OF THE CURRENT P�ANNIN� & ZQNING CQMMITTEE
AT 3:30 PM ON THURSDAY, JUNE 2, 1977 IN CITY GOUNCII CHAMBERS,
SAINT PAUL, MINNESpTA
PRESENT: Mmes. Grittner and McGinley, and Messrs. WiTlits� Papgal , .
Hummer, Prifrel , Sherwood and Bryan of the Current P1>�nning & ZOning
Committee: Mr. Philip Byrne, Assistant City Attorney; .Mr. Richard Amey
of the Division of Housing and Building Code Enforcement; and Mr. Laurence
J. Jung and Ms. Fox of the Planning Staff, �
FRANK HORNER (#8110): An application to rezpne from RM-2 property located
on t e nort an south sides of Selby Avenue between Snelling and Fry.
The appellant was present. There was oppositiop. ,
Mr. Jung showed slides of the sub�ect site and r�dd the staff repoxt,
Mr. Barney Christensen, representing Mr. Norner, said that his pr.operty�was
downgraded by rezoning and the real prob]em is that he does peed tfa�
parking facilities. He called the .parking "hor.rendous" in the a�ea-aad
said the proposed parking facilities would be aesthetic and would.pot cause
degradition of the area. He said without parking it is difficult for a
responsible businessman to survive and he thought businessmen in the area
should be encouraged to stay.
�� � Mr. Frank Horner then distributed blueprints to the Committee members and
Mr. Bryan asked about the guardrail . Mr. Horner said there wi]1 be a
guardrail 4 feet 6 inches high in the form of a privacy fence made of
wood, either treated wood or redwood or cedar--something that will not
deteriorate.
Mr. Humner inquired whether the intent was to asphalt the surface.
Mr. Horner said yes and added that he also plans to chaage.�he drainage so
it will all be to the street, and he thought this should-answer some of the
objections of those persons opposing the parking facilities.
Mr. Sherwood wanted to know if any homes would be demolished, and Mr. Horner
said a house on each side will be taken.
Mrs.Bernard Traiser, 1560 Carroll , spoke in opposition, sayiqg she.has a
two-family dwelling nextdoor to the proposed site. She .said she bad
nothing against Mr. Horner but since his -house was purchased, tenants
have lived there for only short periods .of_time and the backya�d is .a
disgrace. Mrs. Traiser assumed her property already deteriorated. She had
no objection to a parking lot except that young people will be pat�ki�g on
it all night, drinking, throwing beer cans onto her driveway. She
thought any parking lot in that location should open in the morning and be
locked at niqht; otherwise, it would be a difficult situation.
Mr. James Campbell , attorney for Thomas Campbell , 1560 Selby Avenue, spoke
in opposition. He said District 13, of which Mr. Campbell .is a .member,
agrees that the Snelling-Selby area is a horrible place for parking and
the District 13 Planning Council is working very hard in the Merriam Park
area to find solutions to parking problems. Meanwhile, he said, one property
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� FRANK HORNER page 2
owner goes ahead with his own plan, regardless of tbe fact tbat
Mr. Horner's parking lot will not solve the parking problem. Mr. Campbell
said that upgrading Selby Avenue means expanding the business: conmunity .
to the Selby Avenue Bridge, not the other direction, apd even a parlcing
ramp could be justified when you go toward the Se1by Avenue-b�idge. : ' He
mentioned that there is a grant to study the business district-between-Selby
and Snelling. He did tend to agree with .Mr. -Chr.istensep tbat-a-parking
lot, if properly paved etc., .would.not dowr�grade.ad�oipfng res,idential use .
but he did not think planting a bush or two, or. put�ipg in a "redwood-fence
would improve aesthetics, because ao .parking 1pt is aesthetic. Me-�aid. :
parking increases .business, ar�d then creates a aeed .for.addittoa�]
parking, and it becomes a .vicious circle. He.claimed Mr. l�orner is .
attempting to request B-2 use, which wou1d normally..not be .a park�ng.zope, .
and this would not have to conform to the stringent requirements of.a- -
P-1 zone, and Mr. Campbell canpared this with a band�aid. .He said. .
District 13 is on record ip oppositiop to the reaoa�iag because-tbe par.king
lot is premature. He said legal use .for B�2 r�ow requires tlae•short•form.
and does not require neighboring businesses to agree. He.said..tqat when
the District 13 plan is accomplished, his client would be .in agreemeqt.
Mr. Larry Soderholm, who works with District 13 plann�ng, said .he .did not
speak for or in opposition to the rezoning, but that everyone agrees ,there.
; is a serious parking problem in the Selby-Snelliag ar.ea. He said-D�str.ict
13 has so far found no solution, nox do .they expect to find one in� the
district plan. He said that further study may recaumend .something mor.e,
but his own opinion is that no good solutioa will be found because land -
is in scarce supply. He said Snelling is a very serlous.barxier to
industrial movement, and therefore you must have east-west-parking.
He said that Liberty State Bank helps .the parking problem. _ Ne-sald .tpat
a proposed parking lot could be built west of Snelling, but.he could.
see no good place to put additioaa] par.king. He said .Mr.. Horner's
proposal would conform with general guidelines of the District 13 ptap and
does not leapfrog past residential. He mentioned the neighborhood
organizations who have taken positions against Mr. Horner's proposal ,
and said it is difficult� for businesses to get support from the neigh-
bor hood in that area.
Mr. Christensen said that Mr. Horner's motivation was good and his
intentions were good, and his proposal would at least lessen the parking
situation.
Mr. Humner said he is an advocate of parking but cannot see:zoaing a
piece of property B-2 when there are indications down the .road that it
could be used for other things. He thought a proper. request.would be
for P-1 zoning, and getting the consent xequired by the ordinance.
Mr. Hummer said he could vote for P-►1 , but not fox B-2. Mr. Bryan remarked
that he agreed with Mr. Humner that applying for PT1 zoning would be the
most honest approach. Mr. Hummer then made a motion to. r.ecommend denial
_ of the rezoning request, and Mr. Willits seconded the motion, which carried
on a roll call vote of 5 to 1 , with Mr. Sherwood dessenting.
Su itted b : Approv by:
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MINUTES OF THE CURRENT PLANNING & ZONING COMMITTEE MEETING
THURSDAY, APRIL 21 , 1977 IN CITY COUNCIL CHAMBERS,
ST. PAUL, MINNESOTA
PRESENT: Ntnes. McGinley and Grittner, Messrs. Willits. Pangal . Humner, Prifrel and
She`rwo� of the Current Planning & Zoning Conmittee; Mr. Thomas Sipkins, Assistant
City Attorney; Mr. Richard Amey of the Division of Housing � 6uilding Cade Enfqrcement;
Ms. Fox and Mr. Jung of the Planning Staff. ,
FRANK HORNER �8110. A petition to rezone from RM-2 to P-1 property located on the
nort an sout s es of Selby Avenue betr�en Snelling and Fry.
The appellant was present. There was ppposi�ion.
Mr. Jung showed slides of the sub�ect site and read the staff report.
Mr. Frank Horner, the petitioner, of 1599 Selby Avenue, said he owns the two lots
in question. He said he also owns three small business buildings off Snelling Ave.
One was an office building he has owned for the past 10 years and h� said he purchased
the other two houses 5 or 6 years ago with the intent of turning them into parking lots.
He stated that these lots were rezoned two years ago. which he claimed was done
without his knowledge. He said he has never made a secret of the fact that he intended
to convert these places into parking lots. He said he has lost many tenants because
of the lack of parking and many persons never stop at the corner to shop because of
this lack of parking. Mr. Horner said that anything that is done to improve the
parking situation will improve the business community even if it does not solve all
the parking problems. The parking lots he anticipates bullding would be for his
tenants only and no transient parking would be involved. He said the lots would be
well maintained, and that he is only attempting to get the property back to the
zoning it carried when he purchased it. Mr. Horner presented petitions signed by
practically every business person on the corner, showing no opposition, from tenants
of his building attesting to the severe parking problem, and from neighbors in the
area saying the parking lots would be an improvement. Mr. Horner said that a
decently maintained parking lot would be better than run-down residences. He referred
to a meeting held two nights ago of the Merriam Park Neighborhood Canmittee and said
the matter of his parking lots was brought up as new business late in the evening
after many people had gone home. He said a resolution was adopted in opposition
and he was not offered an opportunity to present his case at this p+eeting.
Mr. Pangal inquired about the relation of the proposed lots to the buildings owned by
Mr. Horner, and also whether Mr. Horner would have control over parking in the evening.
Mr. Horner said there were plans to provide a barrier up to the driveway, and if there
is a problem, a gate can be erected. He said the plan was to provide a 4'6" high
barrier out of treated wood with heavy wood bumper guard and screen above and below.
Mr. Sherwood asked if the houses were occupied, and Mr. Horner said they were.
He said one will be vacant at the end of April , but the other is occupied, and this
tenant was informed of the parking lot intention when he moved in and did not object.
Mr. Howard Dahlberg, operator of Tandy Leather Go. at 1599 Selby Avenue, said he is
in favor of the parking lots because of what he has heard from residents of the area
who have complained about the parking situatiqn.
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` FRANK HORNER �
- Page 2 � �
Mr. James M. Campbell , attorney, of 401 Midwest Federal Badg. , said he represented
C. Thomas Campbell of 1615 Selby, and that he was appearing in opposition to ths
parking lots. He said he had a legal question for Mr. Sipkins, the City Attorney.
of whether a P-1 zoning is substantially equivalent to or is it somewhere in between
commercial and RM-2 zoning? He said P-1 is something less than the ald camiercial
classification and not in between, and not substdntially similar.
Mr. Sipkins said it was an interesting question th�t could go either way. He said
he v�rould like to discuss it with th� City Attorney, and a parking district mi ht bQ
found to be more restrictive than carmercial , in which case a long fpt^� petit�on
would have to be submitted by the applicant. He reques�ed the Chair to postpone.
any determination on this matter until such tims as the C9ty Attorney can decid�
the question raised by Mr. Campbell . Mr. Sipkins also sald he wauid provide Mr.
Campbell and Mr. Horner with an opinion within 7 �ays.
Mr. Horner said the decision to request a parking permit chang� to carmercial was
made after discussion with various city officials. .
Mr. Sipkins suggested that those present who wished to give testimony might be given
the opportunity to da so and it would be made a matter of record for the'Catmittee at
the time the matter is he�rd again.
Mr. Campbell said the Snelling-Selby area's existing use on this lot has �en sinqle
family residential on both sides of Selby for 50 years and the only effort Mr. Norner
has made was to park cars in front & back of residential lots. and he did not think
this was evidence of a sound businessman. He mentioned the closing of the Selby
Bridge and said he thinks the decision on that will affect alt the Selby-Snellinq area
residents. He referred to Gordon School havinq substantial parkinq which might be
used for the tenants althouqh it might be inconvenient for shoppers. He said if the
bridge does open, the bus route may be changed and not go down Selby, so the re-
quested rezoning �y be premature and angle parking may even be allowed. He mentioned
the Pit & Paddock as being a drug haven and said that th�ir patrons will be in this
proposed parking lot.
Mr. Tom Lafond, 1593 Laurel Ave. , said he is chairman of the Merriam Park Houslnq
Service and he read the resolution passed at their last meeting, in opposition to Mr.
Horner. He said he ass�ned that the Merriam Park Community Council also will probably
come forward with a resolution of opposition, and he referred to a plan of Merriam
Park Housing Service, saying a $10,000 grant from the National Endowment of Arts to
s tu dy t he bus iness d istrict of Selby-Snelling had been received. He described the
Selby-Sne119ng area as one in decline, which is the reason why Merriam Park Housing
Service is interested. He said a rezoning at this time would be premature.
He referred to the meeting where Mr. Horner had claimed he had not been given a
chance to present h1s case. Mr. Lafond said the meet9ng had ad�ourned at 9:30 P.M.
and only one person (A1 Block of HRA) had gone hane. and everyone heard both sides
before the resolution was passed. He mentioned the possibility of a ramp being needed
for parking problems, as suggested in the District 13 plan. He said he would prefer
to wait to see what studies show rather than change the zoning arbitrarily and then
finding it not beneficial to the neighborhood.
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FRANK HORNER Page 3
Mr. Paul Myers, 1615 Hague Avenue, spoke in opposltion, saying he took
issue with Mr. Horner's remark that residents knew about the parking lots�
and said the first he had known about it was when he got a notice in �
the mail about the hearing. •
Ms. Louise Traiser, 1560 Carroll Avenue, said she is opposed to the-parkiag
lots because she has a 2-family dwellinq there, and if the parkinq lots go
� in, there will be problems which a fence could not solve. and she would
lose tenants because they are already complaining about conditions 9n the
area regarding rubbish and parking, etc. She suggested Gordon School being
used for parking. In respons� ta a question from Mr . Panqal , she replied
that she owns property nex�door to the property on the sub3ect site. �
Mr. Alvin Henderson, 1618 Dayton Avenue, said he owns property on Dayton
Avenue and has owned it for the past 23 years. He said the slides and Mr.
Horner's remarks had not men�ion�d those persons living behind the lots.
He said his property lot is 40 ft, behind and looking out of his yard you
can see Horner's property about one foot .higher than on Dayton Avenue. which '
made him wonder where water will run from the parking 1ot, and he hoped it
would not run onto his property.
Ms. Marie Liberko, 1607 Hague Avenue, said she lives directly in back of
the proposed parking lot and she thought the commotion now from motorcycles,
etc. from a small parking lot would probably be much worse with a larger
parking lot.
Ms. Erna H. Fischer, 1618 Selby Avenue, said she has an upstairs tenant at
her home and both of them object to the proposed parking lots, and did not
know of Mr. Horner's intention to develop these lots until recently.
Ms. Arlene Myer, 1615 Hague Avenue, said she was opposed to the late hours
and drinking and commotion that would be present if the lots went in, and she
did not think anyone in the area wanted them.
Mr. Prifrel asked if Mr. Horney and Mr. Campbell would be interested in a
delay in order to work out some sort of agreement.
Mr. Pangal made a motion to lay the matter over two weeks and to request the
City Attorney to return with an opinion to this Cam�ittee. The motion was
seconded by Jean McGinley.
Mr. Willits said that if the opinion comes back from the City Attorney that
the long form petition is necessary, the long form will have to be filed
with all the necessary signatures. Mr. Sipkins concurred in this and the
motion of Mr. Pangal then passed unanimously.
Submitted by: Approped by:
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Laurence J. Jun ,-d'oseph Pr fre'f, Acting Chairnian
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• PIAN1dING BQARD STAFF RBPORT ��n'Q' 2, 1977 " �1 �.
. ., _ Plat M�p
8i 10
�. APPLICANT'S NAi� : Frank Norner Rropei�ties
2. CLASSIFICATION . � Amendment � App�al � P�rmit � pther
3. PURPOSE : Rezone to B-2 Community Bu�iness ,
4. LOCATION : North & Southrsides of Selby Ave. between Sne111ng & Fry �
5. LEGAL DSSCRIPTION : LOt 7, B1ock 10, �and 1.ot 17, Block 1, KUh�S Add11. '
6. PRES$NT ZOI�ING: RM-2 Mu'tti Family Residential
7. PURSUANT TO Zoaing Code Chapter: �4 Section: �IQ , P$r�rltph: ,
�. STAFF INVESTIGATION � RRPORT; Dste: 5-25-77 �Y% L�1� : �
A. SUFFICiENCY: The applicant's request to rezone was filed on a "short fora�" �
pe on at was subscribed and sworn to before a notary:public on l�ay 3, 1977
and received by the Planning Department on� I�ay ]7, 1971.
B. PURPOSE• The purpose for the rezoning is to allow twp ll-car parking lots to be
ev��d. It would also permit the �evelopment of any qther use permitted
withir� the B-2 zoning district.
C. HISTORY• A previous request for rezoning these two sites to P-1 (Vehicular Parking)
was s'u�rnitted by the applicant in March and was heard by the Committee on
April 21 , 1977. The question arose at the time of the hearing regarding the
legal sufficiency of the "short form" petition and the matter was referred to
the City Attorney's Office for determina�ion. The legal opinion dated April 29,
1977 substantiated the claim that the "short form" petition was improper for
this particular application and that the "long form" consent petition should
have been used.
Meanwhile, the applicant withdrew his petition and filed an ap�en�ied petition
requesting a rezoning designation more equivalent to the former zoning ordinance
as authorized under state legislation, Laws of Minnesota 19�5, Chapter 261 Sec. 6.
The City Attorney's Office has ruled that the old cannerci�l zoning classifi-
cation is equivalent to the current B-3 designation.
D. FRONTAGE & AREA: Both lots have 39 ft. frontages on Selby and are 119 ft. deep.
ac ot �s ,674 sq. ft.in area.
E. SITE CONDITIONS: The sites are presently used for $i��p�e �ily homes. Each
ot as a sTi�Tt slope to the west as do all properti�s w��t of Snelling.
The north site also slopes slightly to the r�a,r, rrhile �l�e sou�h site is at street
grade. There is no alley access on either'61ock.
F. AREA CONDITIONS: This is a busy, densely developed area. Snelling and Selby
are o ma�or raffic carriers and bus routes. This interaectlon is a major
access point leading to the Short Line Route to the east. The Se�by Avenue
bridge over this route is now closed, but will be improved and used-again in
the future. Parking is an acute problem in this area. The proposed parking
use of these sites would help serve the ad�acent Snelling and Selby business
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• FRANK HORNER PROPERTIES pa�� �
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district. The sites are at the interface betwe�n commerciai uses to the east
and residential uses to the west. Se1by Avenue west of the sub�ect sitss is a
mixture of single and multi -family residences plus scattered business� plA�ss.'
Apartment type residences along with the higher density of d�velopment
throughout the area contributes to the parking problem.
G. FINDINGS:
l . The subject �sites under the old zoning ordinance were commercially� �oned.
2. Traffic and parking are ma3or prablems in the Snelling-Selby comaerciai
d�strict. These issues have been addressed by the Distrlct �3 Planning
Council in regard to its economic development goals for th� area. One
of its primary policies is that new parking lots should be loc��ted on
one side of business areas� and if ad3oining r.esidential property on the
other side, should be screened and landscaped.
3. The proposed parking lots hav� :been approved by both the Traffic Enqineer
and Police Department as part of the City's site plan review process.
H. STAFF RECOMMENDATIONS: Based on the above findings, Staff recomnends approval
o t e pe itioner s request.
. - - CITY OF �AINT PAUL
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Res� Yhc c : : • '� A�Mr1 R.OI�
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City Clerk and a�, :� �b Cote�eoR ReoordK
Counoil3eerstary �� �o
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OfPICt Of TH � CITY CL�RR � �UR�AY OI! RLCOROf
s8B Ctity 8au St.Paxl,Minneaota 66108
PRone��8-.b�ti :
MarCh 22, 19?7
Planning Staff
Grace Building
St. Paul, Minnesota
Dear Sir;
The Council referred to the Planning Comanission for recm�omendation the attached
petition of Frank Hoerner to rezone property at 1604 and 1611 Selby Ave. aleo known
as Lot 7, Block 10 and Lot 17, Block l, Kuh1s Addition.
��le t yrn�rs,
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City Clerk �
cc: N;r. Erickson,
City Architect
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C1TY Pk.I�E��i�i��U �;F;�;�„;�:
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Short Fqrm Raxoning P�titio�l :
TO THE HONORABLE MAYOR AND CITY COUNCIL '
c/o the City Clerk. Room 386 Clty H�11 ' . - ;
City of Sai�t Paul . Minnesota
Pursua�t to the provisions of IAWS QF M.INN�SQ�I�.for. 19iT'�� ClMpter �61� Sec�ton b,
I/we the u�darsigned� being the qw�e�(�) of p�apRrty die;erlk�ld �� �� ?, Bloek ].Q '
. . _ ,
& Lot 17, Block 1 Kuhls Add�.�ion ��. ,Ave. Sain�- Pau1 Minnesqta
and situated (descrtbe Iqcation wit,h r�spect: to itre�ts or inter�ctio��) x6��"
1611 Se1by Ave. . ; , � , ' � `
which property was previously zoned Comomercia]. � ��d unc�{�
Chapters 60 through 64 of the Sa�int Paul Legil�tati�r4 CodR it� pra3ently �oned �
RM-2(Multiple Family) � � �,,,or� rqstrictivs xoni�g al�ssific�tion, do
hereby �equest that consideration bo given by y�r hono��k�is bodi�es to rezons
the above descrlbed property to a toning alassificatlon of , g1 (Paxkin$) �
under Chapters 60 through 64 of the Satnt Paul lsgislativa Cod�.
� ��
Subscribed snd sworn to before me �' /
this �, � / L 77 �7�,._,- ---
-
Addrasss 1599 Selby Av_�,
otary Publi �My •s��:;A� a .,,, St. Pau1 Mn. 551Q4
o�� �a tiEs
My Carmission expires U ��A Telephooe:645-0239
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Approved as to fo�m 11�17/75 � � � � � � � r'` '
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by the Ci ty Attorney. ;,�J� 2 g ���� �4NtI�G FILE �/�o �
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CITY .PI.ANIVIIVG ttUARO . '
Saint Paul. Minnesota
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�' � .� CITY UF SAINT PAUL
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City Clerk and �',� -:�: ,,'� Couxoll,RRsoordsr
Counail Seor�tary �� �o
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� OfPICt OF TH � CITY CL�RIt �URtAII O� RtCOROf
s88 City HaZI St.Paul,Minneaota 6610�
Phone l88-.f�•t1
May 10, 1977
Planning Commission
Grace Building
St. Paul, Minnesota
Dear Geatlemen:
The attached petition of Frank and LaVonne Horner to rezone property at
1604 and 1611 Selby Avenue, aka Lot 7, Block 10 and Lot 17, Block 1,
Kuhls Additio� was referred to the Planning Commission for recammendation
by the City Council at ita May 10, 1977 meeting.
Very truly yours,
�.����1�. �
City Clerk ��
Attach.
MS:dcm
cc: Mr. Glenn Erickson, City Architect
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, � ' A�iENDED PETITION
ZONING FILE N0. 8110
ZONING FILE NAME- HORNER
Short Form Rezoning Petitton
� `
TO THE HONORABIE MAYOR ANO CITY COUNCIL •
c/o the City Clerk, Room 386 City Hall
City of Saint Paul , Minnesota ,
Pursuant to the provisions of �AWS OF MINNESOTA for 1975. Chapter 261 , Section 6,
I/we the undersigned� being the owner(s) of property described as B loCk 10, Lo t 7
&Block 1, LOT 17, Kuhls Addition Ex. Ave. Saint Paul, Minnesota
and situated (describe location witM �respect to streets ar intersections� 1604 &
1611 Selby
wh i ch prope rty was prev i o4s 1 y zoned Comaner�ie 1 � and ynder
_ Chapters 60 through 64 of the Salnt Paul Legislative Code is presentiy zoned
RNI-2(Multiple Family) � a �re restrictive zoning classification� do
hereby request that consideration be given by your honorable bodies to rezone
the above described property to a zoning classification of B'2 �Communi ty Bus iness)
under Chapters 60 through 64 of the Saint Paul Legislative Code.
Subscribed and sworn to before me
`f , �J�-��
:�� � �
th i s��A.� day of ��_ I_�'t '7 y .� d- a-r�- —
—`� , � Address• 1599 Selby Ave.
_i �� �
- �o� s Sy'<<��,er St. Pau1, Minnesota 55104
Notary Public. Ramsey Co. � Minnesota
7, �, , 645-0239
My Commi sslon expi res �/5- �„ .�`f„�, Q e,epr�?o�
' Jr \i. � . . .� �';N ^ � U 'u
'"�' � 1 � � ; ��a�� 17 j�71
Approved as to fo�m 11��7/75� , ���-�
�" ;�-'� CITY PLANNING BOaRD
by the Ci ty AttorneY• Saint P:��:l. ��?�r""`�t;x
�'��II�Ca F��.l� �l�0
__ -_ ...�._,�_ _._.} .. . .....__.___
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p�Y
M , CITY OF ST. PAUL �
DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES
ASSESSMENT DIVISION
113 CITY HALL ST.PAUL,MINNESOTA 55102
July 29, 1977 :
Ffle X1893, 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 City of St. Paul will hold a public hearing in the Council Chambers
of the City Hall and Court House (third floor) at 10:00 a.m, on August 11, 1977 on the:
Application of Frank Horner to rezone from RM-2 to P-1 Lot 7,
Block 10 and Lot I7, Block 1, Kuhl's (1604 and 1611 Selby Avenue)
The parcels are located on the north side of Selby Avenue (161Z
Selby) and the south side of Selby Avenue (1604 Selby) between
Snelling�and Fry.
If you would like further information about this hearing, contact the Current
Planning Section of the planning Board, 421 Wabasha Street, or t�lephone 298-4154.
While the CiCy Charter requires that we notify you of the hearing, we want to
help you to learn fully about any action that could affect you or your community.
Therefore, I sincerely hope you can attend this hearing, so that yau can make your
views about it known to the City Council, whether foz or against.
J. WILLIAM DONOVAN �
VALUATION AND ASSESSMENT EN6INEER
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HORNER PROPERTIES I b �t��
1585 SELBY AVENUE �
ST. PAUL. MINNESOTA SS104
� TELEPHOIVE:645-0289
8�1��77
I am in favor of the rezoning as requested by Frank Horner for his
property on Selby Avenue.
Name Address Firm
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HORNER PROPERTIES
1595 SELBY AVENUE
ST. PAUL, MINNESOTA SS104
TELEPHOIVE:645-0239
8/10/77
I am in favor of the rezoning as requested by Frank Horner for his
property on Selby Avenue.
N_�m� Address Firm.
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1595 SELBY AVENUE
ST. PAUL, MINNESOTA 58104
TELEPHONE:645-0239
8�1��77
I am in favor of the rezoning as requested by Frank Horner for his
property on Selby Avenue.
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BUILDING MATER/ALS • LUMBER
LAMPERTS
'1565 SELBY AVENUE • BOX 3076 • ST. PAUL, MN. 55'165
(612) 645-8'155
August 10, 1977
The St. Paul City Council
7th Floor, City Hall
St. Paul, Minnesota 55102
Re : Zoning File Name - Frank Horner
Zoning File Number - X1893
1604 and 1611 Selby Avenue rezoning to permit parking
Dear Council President and Council Members :
As a property owner for sixty years within 350 feet of
the above site, we are wholeheartedly in favor of this
rezoning.
Offstreet parking on the site involved will most cer-
tainly benefit the public and adjoining residential and
business owners and renters . Adequate parking is es-
sential for all concerned and the available street
parking is not enough.
We, therefore, petition the Members of the St. Paul
City Council to grant the change to rezone this prop-
erty as requested.
Very truly yours ,
LAMPERT YARDS, Inc.
BY � f� �-�����
� l`
President
David R. Fesler : sjh
V
_ BERTY
STAT7E��
� Ll�l\1\
LIBERTY STATE BANK
FULL SERVICE
176 SNELLING AV. NO. � BOX 3075 �7 ST. PAUL, MINNESOTA 55165
(612) 646-8681
August 10, 1977
The St. Paul City Council
7th Floor, City Hall
St. Paul, Minnesota 55102
Re : Zoning File Name - Frank Horner
Zoning File Number - X1893
1604 and 1611 Selby Avenue rezoning to permit parking
Dear Council President and Council Members :
As either an owner or tenant for over sixty years of
property within 350 feet af this site, we strongly
urge the rezoning.
Offstreet parking on both of these sites benefit the
public and adjoining commercial and residential prop-
erty owners . This offstreet par�g is essential to
businesses these days and should considerably alleviate
street parking problems .
We, therefore, petition the Members of the St. Paul
City Council to grant the change to rezone this prop-
erty as requested.
Very truly yours ,
LIBERTY STATE BANK
By � �
�
President
David R. Fesler: sjh
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� BUTLER
HOZZA
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ROEDLER v
TEDESCO
PRESIDENT (SYLVESTER)
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�O'ARD OF ZONING CITY OF SAINT PAUL
OFFICE OF THE MAYOR
• CITY PLANNING
DONALD L. SPAID AIP
PLANNING COORDINATOR
August 23, 1977 �
lC�:�
Rose Mix, City Clerk
386 City Hall
St. Paul , Minn. 55102 Legal Description: Lot 1 and Part of Lot 2,
Block 27, Merriamrs Rearrangement of Blocks 24
Dear Madam: thru 29, Merriam Park
This is written in response to the petition of Thomas Trudeau to rezone
property on the southwest corner of Yglehart & North Prior from RT-1 , a
duplex district, to RM-2, a multi-family district. This is a long form
rezoning petition. This rezoning would allow the petitioner to rehabilitate
the structure and bring it up to code.
This matter was heard by the Current Planning & Zoning Committee on July 7,
1977 at which time Staff recorrr�nnended that the petitioner's request be granted.
A motion to recommend approval was made by Mr. Sherwood, seconded by Ms.
Grittner, and passed unanimously.
On July 8, 1977 the Planning Commission unanimously ratified the Current
Planning & Zoning Committee's recommendation.
This matter is scheduled to be heard before the St. Paul City Council on
August 25, 1977.
Sincerely,
.�,. .� �.�•�w-
Jean S. Berman
City Planner
JSB/gf
Zoning File No. 8164
Enc.
421 Wabasha Street, Saint Paul, Minnesota 55102 (612)-298-4151
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• icu�.�. cnt � vuTE ON ZONING MATTERS �
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PANGAL � L� ,�
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STeGCMOELLEk � � 1/ �/ -
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Motiun 5
Motion 6
*Abs ta i n **ia i 1 Cha�rman 1 *a i � _ '
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' ' MINUTES OF THE CURRENT PLAIYNING & ZONING CONMITTEE MEETING JULY 7,
-��.
1977 IN CITY COUNCIL CHAMBERS, SAINT PAUL, MINNESOTA
PRESENT: Ms. Grittr�er, Messrs. Hummer, Pangal , Sherwood and Prifrel of the
Current Planning & Zoning Committee; Mr. Thomas Sipkins, Assistant City Attorney;
Mr. Richard Amey of the Division of Housi'ng & Building Code Enforcement; and
Mnes.Berman , Fearnside and Fox of the Planning Staff.
THOMAS TRUDEAU #8164 : A petition to rezone from RT-1 to RM-2 property located
at t�ie sout west corner of Iglehart and North Prior.
The petitioner was present. There was no opposition.
Ms. Berman read the staff report and showed slides of the subject site.
Mr. Thomas Trudeau, the petitioner, of 1954 Iglehart, said he purchased the house
in 1974. He said it was one of the older homes in Merriam Park, having been
built around 1899. He said it has been converted into 7 units - 2 efficiencies
. on 3rd floor, 3 efficiencies on 2nd, one residence on lst floor and a 1-bedroom
unit in the basement. He said inspection showed certain insufficiencies in the
building, in particular the bathroom situation and plumbing, so he explored the
possibilites and found that his building has no certificate of occupancy and is
in the wrong zone. He also said the building is not a money making operation as
of now. He is in the process of converting the building into a 1-bedroom unit
in the basement, his own residence on first floor, two 2-bedroom units on 2nd floor,
and one 2-bedroom unit on 3rd floor. He said the Gity has said they will
. grant a certificate of occupancy, and also, he explained, money can be had on
loan more easily if the building is zoned correctly. Mr. Trudeau said it would
not be spot zoning, but merely an extension of the aoning to the east and south
of his building.
Mr. Sherwood said there was a good resume of plans .for the building, and he moved
to recomnend approval of the rezoning.
His motion was seconded by Ms. Grittner, who remarked that she thought Mr. Trudeau
was doing a very commendable thing by restoring his building.
The motion passed on a 5 to 0 roll call vote for. the recomnendation for approval
of the rezoning request. ,
Submitted by: ed by:
CL��it� ;��G����,C'�(0 , ��--� �-.-- ��
, �
Wendy Fe nside Joseph Prifrel , Vice-Chairman
J
,
� ' �
- .. July 7. 1977 19
, PLANNING BOARD STAFF REPORT Plat Map
1. APPLICANT'S NAME : Thomas Trudeau
2. CLASSIFICATION : � A�nendment � Appeal � Permik � Other
3. PURPOSE . Rezone RT-1 to RM=2
4. LOCATION . Southwest corner Iglehart and North Prior
5. LEGAL DESCRIPTION : Lot 1 , and Part of Lot 2, Block 27, Merriam's Rearrangement
of Blocks 24 thru 29, Merriam Park
6. PRESENT ZOWING: R�-1
7. PURSUANT TO Zoning Code Chapter: 64 Sectioa: 210 Paragraph:
8. STAFF INVESTIGATION � REPORT: Date: 6-29-77 By: �gg
A. SUFFICIENCY: The petitioner's request was filed on a long form rezoning petition,
su scri e and sworn to before a notary public on 5-18-77. It was declared
sufficient by the Department of Finance & Management Services, Division of
Assessments & Valuations on 5-27-77. It was received by the City Planning
Department 6-6-77.
B. PROPOSED USE: The petitioner proposes to rezone from RT-1 (Two-Family Residential
istr�ct to RM-2 (a Multi Family Residential District). The petitioner wishes to
rehabilitate the property and bring it up to code. The number of units would be
reduced from 7 to 5. The proposed rezoning would allow him to be a conforming
rather than a nonconforming use.
C. FRONTAGE AND AREA: This corner lot has a 75 ft. frontage along Iglehart, and
is t. eep. It is about 10,600 sq. ft. in area. With an RM-2 zoning, a
maximum of 9 1-bedroom units could be built on this site.
D. SITE CONDITIONS: This flat corner lot is at street level a]ong Iglehart and Prior.
t is oun e y a single family home on the west and an apartment building on
the other side of the alley to the south. The site is occupied by a large old
Victorian house which has Eieen split up into 7 units. It is a nonconforming use
in an RT-1 zone. The house is set back about 25 ft. in the front and about
40 ft. in the rear. There is a large hedge along the rean portion of the eastern
property line. .
E. AREA CONDITIONS: This site is at the interface between the predominantly one and
two family residential area to the west and north, and the multi family area
along Marshall to the south and east. It is across Iglehart from Longfellow
Elementary School . In addition to the apartment building south of the alley
from the subject site, there are two large new apartment buildings on the east
side of Prior. This area is characterized by large one and two family homes
80 to 90 years old. Housing is of mixed condition.
F. FINDINGS:
l . The subject site is adjacent to an RM-2 district on two sides.
�
• Thomas Trudeau Page 2'
2. The proposed development would maintain the existing structure which blends
well with the single family character of the block it occupies.
3. With an RM-2 zoning, a maximum of 9 1-bedroom units could be built on
this site.
G. STAFF RECOMMENDATION: Based on the above findings, the proposed development
seems in eeping w�t the historic character of the neighborhood and provides
a transition between the RT-1 zone and the RM-2 zone. Staff recommends that
the petitioner's request be granted.
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- CITY OF SAINT PAUL
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City Clerk and �, `':°_��° ,;
Counoil Reoorder
Counail Secretary �,� � •
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OPFICB Of THB CITY CLlRK �UREAII OP RLCORDf
s8B Csty Hal1 St.PmuZ,Minneaota. 6b1o8
Phone t98-4�•t1
June 2, 1977
Planning Staff
Grace Building
Attention: Zoning Section
Dear Sir;
The City Council referred to the Planning Co�nmieaion for reco�mendation the attached
petition of Th�►as Trudeau to rezone property on the Southwest corner of Iglehart and N.
Prior also known as Lot 1 and part of Lot 2, Block 27, Merriam'a R+�arrangement of
Blocks 2�+ thru 29, Nt�erriam Park.
V ry truly yo�tu's,
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City Clerk
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CITY OF SAINT PAUL
DEPARTMENT. OF FINANCE AND�MANAGEMENT SERVICES
DIVISION OF ASSESSMENTS AND VALUATIONS
+ May 27, 1977
To the Council
City of St. Paul
Gentlemen:
I have checked the attach�d petitioa of Thoeaa Trudeau filed ia
tho satt�r of resoning.
Lot 1 and the east � of Lot 2, Block 27,
Merrian's Rearrangment of Blocks 24-29
Merriam Park,
irom RT-1 to RM-2 for the operation of a six unit apartment
building. The property is located oa the southwest coraer
of Iglehart aad N. Prior Aveau�. and fiad that said petition
is Sufficient.
Yours very truly,
Bernard J. Carlson - Director'
Department of Finance and Management Services
Re: X-1930
cc: Building Department
Zoning Board
File
Parcels Eligible - 10
Parcels Needed - 6.7 or 66-2/3X
Parcels Signed - 7
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Telephone612/298-5241 113 City Hall, Saint Paul, Minnesota 55102
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CITY OF SAINT PAUL
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Council Secretary ��, � '
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OFFIC@ O ! TH8 CITY CLBRK BURBAU OP RECORDS
J88 City Hall St.Paul,Minneaota 6b108
Phona�88-.�ms1
May 2�+, 1977
Mr. Bernard Carlaon .
Director, Department of
Finance and Management Serviaes
Dear Sir;
The City Cauncil referred to your for aheck aB to suffiaiency the attaehed petition of
Thaanas Trudeau and others to rezone from RT-1 to RM-2, property in Block 27, Merrisms
Rearrange�nt at 1955 Iglehart Ave.
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City Clerk �
cc: Mr. �rickson,
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City Architect
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STATE OF MINDTESOTA )
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COUNTY OF RAIyISEY )
CITY OF SAINT PAUL '
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�� � �� , being first
duly s�aorn, deposes and states that he. is the owner of the property to be
rezoned, or has authority to lawfully bind the owner of the property to be
rezoned, which is described as follows:
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(31 k.� a 4� �.s � c� 1� a��- a. 9
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that affiant does not have any legal or equitable interest in, is not in the
act of purchasing, nor has he purctiased or sold within one (1) year preceding •
the date of the attached petition any land contiguous to the property sought
to be rezoned as described above, except ONE) (SEE ATTACHED) ; that affiant
understands the word �contiguous" as used herein to mean parcels of property
sharing a common boundary at any point without regard to the presence of public
tho hFares.
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NOTARY PUBLIC, RAMSEY CO , MINN.
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' CITY OF SAINT PAUL, MINN�SO�A ���
PETITION TO AMEND CHAPTERS 60 thru 64 OF THE LEGISLAT�VE (�`3N�NG) GOL�E �S�
Note: The signer should apprise himself of the uses permitted under the new cla5si•-
V/�
fication before signing this peti-cion. For further informatian about the �
rezoning of property, call the Board of Zaning Office at 298-4151. �
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(Please type or print}
Date: 5/18/77
TO �THE H0130RA8LE MAYOR AND CITY COUNCIL
cjo� the City Clerk, Room 386 City ,Ha11
City of Saint Paul, Minnesota
Pursuant to Section 64.06 of the Leqislative Code and Minnesata Statute 462.357(5) , we,
the undersigned owners of two-thirds of the several descriptions of real estate
situated within 100 feet of the total contiguous descriptions of real estate held by
the owner of the real estate to be re2onEd or by any party who has purchased oz is
purchasing any such contiguous property within one (1) year precedi.ng thE date of. this
petition, such property including the property to be rezoned, hereby acqui.esc�; artd
we, the owners of 50$ or more of the frontage to be reclassified, petition .your F�ranara.ble
Bc�dy to. rezone the following described property: (leqal deseription and street address)
L�t 1 and East 1/2 of Lot 2. Hlock 27, Meeriams Rearrangement of Blocks 24, 25, 26, 27� 28 and 29
��,_ 1 R 1... /1 1954 I gleh��t Av�
from District to �`'l c1. istrict, for the
purpose af installing, constructing and/or operating the following:
(describe briefly the proposed facility)
The operation sf a six unit apartment building
RECORD OWNER SIGNATURE LOT BLOCR ADDITZON
� Subject Prope�Y f �
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�b� � �t ' , := '�� i� � � �n� �i oe� �? ,� hl�lLr�---
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State of Minnesota) � � `/ ��'�'�
) ss �
County of Ramsey )
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1 �10►�ir4S Q, �(Z�{��'�_ being first duly sworn, deposes and states that he is i:he
�: psrson who circulated the within petition consisting of ages; that the pa�ties
described above are the owners respectively of the lots p aced immediately f411owing
each narae; that each of the parties described above is the owner of property which is
within 100 feet from any property owned by affiant or sold by affiant withi.n one (1)
year preceding the date of this petition which is contiguous ta the property above
described; that none of the parties described above has purchased or i.s purchasing
property f.rom af�iant'cantiguous to the a.bove described property within one (1� year of
the date of this petition; that this petition was signed hy each of said owners in the
presence of this affiant, and that the signatures above ar� the true and correat
signatu�-es of each and all of the parties so' described.
�yu,� � • \l.t..�-�Qa.c
Subscribed and sworn to before me Address: : S e.
Telephone No. �o C� y" C�67 O
th' �� day of rn, � � 7 �
Appro��ed as to form 8--2�-73
Offiee of the City Attorney
t�otary Public, Ramsey County,� Minn.
riy commission expires `�..�,,� --`--�-^
» �°;�,�. ALBERT B. OLSON
;��' .�; :,•,, ..
� r�,., Notary Publk, Ramsey Co. Mn
�,-<, .
• d�'���'� MY CQMMISSION EXPIRES
November 18, 198p
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