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03-139� Council File # 0 3 -139 GreenSheet# 1\3h°sl� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented B� Refened To 2 WHEREAS, L.egacy Management and Development Corporation in Zoning File 02- 3 233250 made application to the Boazd of Zoning Appeals for a variance from the strict 4 application of the provisions of the Saint Paul Zoning Code for property located at 755 Selby 5 Avenue and legally described as set forth in the above zoning file; and 6 7 WHEREAS, the purpose of the application was to vary the standards of the zoning code 8 so as to construct a new, mixed use building with a commercial space on the first floor, 40 9 apartment units and underground pazking. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 l. A variance of the maximum height requirement. A height of 30 ft. is allowed and a height of 35 ft. is proposed, for a variance of 5 ft. 2. A separation variance from residential property for the Grotto Street driveway. A separation of 25ft. is required and a separation of 3ft. is proposed, for a variance of 22 ft.; and WHEREAS, the Board of Zoning Appeals conducted a public hearing on November 25, 2002, after having provided notice to affected property owners, and the Board by its Resolution No. 02-233250, adopted November 12, 2002, decided to grant the said variances subject to the condition that all the subject lots aze combined as a single pazcel under one property identification number based upon the following findings and conclusions: 1. The property in question cannot be put to a reasonable use under the strict provisions of the code. This parcel consists of seven separate ]ots, most of which are ciurently vacant. There is a small mixed use building on the eastern end of the site that will be removed. The applicant is proposing to construct a 3-story, 48,0000 sq. ft. building, with 40 apartment units and 3,900 sq. ft. of commercial space on the first floor. There will be 14 surface pazking spaces at the rear of the building with the balance of the required parking being provided in a church pazking lot across Grotto Street through a shared parking agreement. The Selby Avenue Small Area Plan calls for new commercial and mixed-use buildings to be constructed at the front lot line with parking located to the rear of the building. In order to comply with this guideline, it is necessary to provide access to the parking azea closer than the required 25-foot separation from the adjacent residential property to the North. This guideline also affects the height of the proposed building. A B-3 zoning district has a 30-foot height limit but allows the building to exceed this limit by 1 foot for each foot that the building is setback from the property line. In order to �� 1 keep the building close to the front property line a height variance is required. U 3—� 3� 2 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 2. The plight of the land owner is due to circumstances unique to this property, and these circumstances were not created by the land owner. The lack of alley access and the design guidelines of the Plan that calls for the placement of new buildings close to the froiLt lot line, are circumstances that were not created by the applicant. ` ' 3. The proposed variance is in keeping with the spirit and intent of the code, and is consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of Saint Paul. The proposed mixed use, site layout and building design are consistent with the Selby Avenue Small Area Plan which was adopted by the City Council as part of the Comprehensive Plan in 1997. The requested variances are needed to comply with the goals of the Comprehensive Plan. The Plan aiso stresses the need to provide adequate off-street parking and recommends shared use of existing parking lots as a means of achieving this. With the shared parking agreement for the existing church parking lot, this project will exceed the minimum pazking requirement. The proposed variances ue relatively minor and are in keeping with the spirit and intent of the code. 4. The proposed variance will not impair an adequate supply of Zight and air to adjacent property, nor will it alter the essential character of the surrounding area or unreasonably diminish established property values in the surrounding area. The proposed building wiil be located on the front of the lot and away from the residential properties to the north. The minor 5-foot height variance will not significantly affect the supply of light or air to adjacent properties. The reduced separation for the access driveway on Grotto Street will likewise have little affect on the supply of light or air to adjacent properties. The proposed building have been designed with materials that relate to other nearby buildings and with first floor windows being a dominant feaYure. This is consistent with the Plan guidelines. The minor height variance and proposed driveway location will not alter the character of the neighborhood. This new development will be an asset to the neighborhood and should have a positive affect on surrounding property values. 5. The variance, if granted, would not permit any use that is not permitted under the provisions of the code for the property in the district where the affected land is located, nor would it alter or change the zoning district classification of the property. A mixed residenUal/commercial building is a pernutted use in this zoning district. The proposed variances, if granted, would not change or alter the zoning classification of the property. �.a 6. The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. !� 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 The applicant's primary desire is to develop a viable mixed use building that is in keeping with the goals of the Comprehensive Pian and the Selby Avenue Small Area Plan design guidelines. WHEREAS, pursuant to the provisions of L.egislative Code § 64.205, Stephen Filing duly filed with the City Clerk an appeal from the deternunation made by the Board of Zoning Appeals and requested that a hearing be held before the City Council for the purpose of considering the actions taken by the said Board; and fl3-t WHEREAS, acting pursuant to § 64.205 - 64.208, and upon notice to affected parties, a public hearing was duly conducted by the Saint Paul City Council on December 18, 2002, where all interested parties were given an opportunity to be heazd; and WHEREAS, the Council, having heard the statements made, and having considered the variance application, the report of staff, the record, minutes and resolution of the Board of Zoning Appeals, does hereby RESOLVE, that the Council of the City of Saint Paul does hereby uphold the decision of the Board of Zoning Appeals in this matter as the appellant has not presented any evidence of any error in fact, finding or procedure on the part of the Board of Zoning Appeals: AND BE IT FURTHER RESOLVED, that the appeal of Stephen Filing be and is hereby denied; and be it FURTHER RESOLVED, that the Council of the City of Saint Paul adopts the findings of the Board of Zoning Appeals, as set out in Board Resolution No. 02-233250; and be it FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to I.egacy Management and Development CotporaUOn (Applicant�, Stephen Filing (Appellant), the Zoning Administrator, the Planning Commission, and the Board of �oning Appeals. Requested by Department of: Adoption Certified by Council Secretaxy By: App: By' By: Form Approved by City Attorney �: t? L✓. G 2- 3_ o? " by Mayor for Submission to Council Adopted by council: nate �_�a.e��3 o3-iaq oEan��rn on� GREEN SHEET� No � � �3�7�� e�r�inei 266-8710 1nM1i1D° �'� oF..µ,�ro.�n.,ai ancwxci MUST BE ON COUNCILAGHJOA BY (DATq AaSIGN February 12, 2003 - Consent �� ,,,,..,.,., � ,,,,.� xaunxc � wwrJn�amxcssow. ❑ wuxns�mnnattin ❑YVl1RIORA!ffi�YII) ❑ TOTAL # OF SIGNATURE PAGES (CLJP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTm . . Memorializing City Council action taken December 18, 2003, denying the appeal of Stephen Filing to a decision of the Board of Zoning Appeals granting two variances in order to construct a 38-unit apartment building with commercial space on the first floor at 755 Selby Avenue (northwest corner of Se�by and Grotto Streets). RECAMMENDATION Approve (A) or Reject (R) GERSONALSERViCE WNTRAGIS MUSTANSWEit THE FOLLOWING QUESIIONS: 1. HasthispersoMrmev�workedurMeracon�actforthiedepartmeM? PLANNING CAMMISSION VES NO , CIBCOMMRTEE 2. FiasthtspersaVfirmever6eenadryempbycel CIVILSERVICECOMMISSION YES No , 3. Does ihis De«rtn P� a sidll nat rwmialND�d bY anY cumnf city emP��? YES NO .. . , 4. ISthispe�soMrmatargetedvendoYt VES NO F�lain all yes ansv.ers an separate sheHand attedi to preen sheet INITIATING PROBLEM ISSUE, OPPORTUNIN (Who, What� When, Where. Why) . ADVANTAGES IF APPROV W DISADVANTAGES IF APPF20VED DISADVMt�AGES IF NOT APPROVED ' TOTAL AMOUNT OF TRANSACTION S CCST�REVENUE BUDGETm (CIRCLE ON� YES NO FUNOINGSOURCE �N�T'NUMBER FlNkNCULL INFORM4710N (E%PWN) 0�-1�R NOTICE OF PUBLIC HEARING The Saint Paul City Council will conduct a public hearing on Wednesday, December 18, 2002, at 530 p.m. in the City Council Chambers, Third Floor, City Hall-Courthouse, 15 West Kellogg Boulevard, Saint Paul, MN, to consider the appeal of Stephen Filing, to a decision of the Saint Paul Board of Zoning Appeals granting two variances in order to construct a 38-unit apartment building at 755 Selby Avenue with commercial space on the first floor on the northwest corner of Selby Avenue and Grotto Street. Dated: December 9, 2002 Nancy Anderson Assistant City Council Secretary x*�****��* -COMM.JOURNRL- **��***�**M�*�*��** DATE DEC-09-2002 ****� TIME 13�00 *M* P,01 MODE = MEMORY TRRNSMISSION FILE NO.= 115 N0. COM RBBRiMWK STATION NRME/ TELEPFD7NE ND. 001 OK <01> LEGRL LEDGER STRRT=DEC-09 12�59 END=DEC-69 13�00 PRGES PRG.NO. PROGRRM NAf1E � -City of Saint Paul - -City Council - �� - 651 266 8574- �M�*� � ♦` �nuu • 0 CITY OF SAINT PAUL OFFICE OF THE CITY COUNCII. FACSIMILE TRANSMISSION COVERSHEET 1'0: 1-ca_� L�l.._,.� �� FROM: FAX #: RE: ��ti.. �'l�- �._1_..A... P .r.s�' - ` ' naT�: � �. _ � a t�o a� . Note: Faesimile operator, please deliver this traqsmissioa to the above addressee. If yoa did not receive all of the pages in good sonditioa, please advise Janie Lafreoz at (651) 266-8560 at your eaNiestconvenience. Tdankyou. NUNiBER OF PAGES (INCLUDING THIS PAGE): � VJ��J� C1TY HALL THIIiD �i3O0R SAII4'P PAUL. MINNESO'tA 55102 � pimre0anrecyNe7➢ePer OFFICE OF THE CITY ATTORNEY Manue[! Cervaniu, CiryAttorney CITY OF SAINT PAUL Rarsdy C Kelly, Mayor CivilDivrsion 400 Ciry Hall IS WestKelZoggBlvd. Saint P¢ul, Minnuota 55102 Oa -\�� February 4, 2003 Nancy Anderson Councii Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Hand Delivered Te[ephone: 657166-8770 Facsimile: 651298-5619 Re: Resolution memorializing the City Councii's decision in the matter of the appeal of Stephen Filing from a decision of the board granting variances to Legacy Management and Development Corporation for property located at 755 Selby Avenue City Council Action Date: December 18, 2002. Dear Nancy: Attached please find the signed original Resolution memorializing the City Council's decision in the above-referenced matter. Please place this on the consent agenda at your earliest possible convenience. If you have any questions, please do not hesitate to contact me. Very truly yours, �U. v�,.._-_ Peter W. Warner Assistant City Attorney PWW/rmb Enclosure RECEIVED IN LIEP APPLICATION FOR APPEAL DEC 3 2002 I�I 1-,. � � � I�i,�71 a . � `� Zoning Section j,� u , 2� �� a „F. � 1�c� a nnes ' urt treet s"` '�� Q U .��;�r�aat�t`ssloz ;� v 5 i. p l 2 � �� - 9Gt9� ::Znning o�'ic�; t#s¢,is�[y : �ile -no. � Z _��`.�fo� � Fge - - f �'� -��- ._ °fentatiuE hea� �Faie: �' � � 2f <d'� � : APPELLANT Name STC,?��!� P C Address 1�1� {{�'�� Rr+.� t��tir City � t31+�� t�'�J �. St. r��., Zip Sz'�i`� Daytime phone G� Z. '� K7' PROPERTY LOCATION ' Zoning File Name Address/Location �J`�.5� ��L-.8N �✓E. TYPE OF APPEAL: Application is hereby made for an appeai to the: - Board of Zoning Appeais �:City Council � under the provisions of Chapter 64, Section ��, Paragraph _� of the Zoning Code, to appeal a decision made by the_ ��C=-� Of ��n.��i /,��R ls � on Q��t�`e/hl�� S ,�� File number. p�2 -� 33 a SC� (date of decisfon) GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative o�cial, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. S..EE s� rrAc�aM�,�� % Attach addifiona/ sheet if necessary) Applicant's � Date �/ o City agent S�� f� iTit�H-E2> GROUNDS FOR APPEAL: At the Board of Zoning Appeals meeting which took place on November 25, 2002, John � Hardwick was on vacation. Several e-mails to John were not presented to the board, also the attached letter from the Summit University Planning Council was not presented. The appeal is based on the following: The property in question cannot be put to a reasonabte use under the strict provisions of the code. The property in question can indeed be put to use under the strict provisions of the code. What has been presented is a plan. There is no question that the developer can downsize the plan to meet with city code and the Selby Avenue Small Area Plan. The 25 - - - - -- footseparatioa from commerciat to residemial isin topmtectthe — --- --- - adjoining land owners from additional noise and traffic, and to protect their space, light, and right to quiet enjoyment of their property. The plight of the land owner is due to circumstances unique to this property, and these circumstances were not created by the landowner. The project could be amended to conform to current code and the Selby Ave. Small Area Plan which was adopted by the City Council in 1997 as part of their � comprehensive plan. The landowner has indeed created these circumstances. The proposed variance is in keeping with the spirit and intent of the code, and is consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. The site layout and building design aze NOT consistent with the Selby Ave. Small Area Plan as the staff found. If they were. .. no variances would be needed. The shazed parking agreement which is being used here has a history of falling through. Just look to the south at Grand Ave. Many parking agreements seem to fall through after approval, and the City of St. Paul and LIEP have no means to keep track of them. The proposed variances are not minor as staff states, that is why they were seelang a MAJOR variance. The safety issue here is obvious. 40 units, parldng lots, influc of people into the area, and higher traffic all lead to potential problems. The proposed variance will not impair an adequat�e suppty of light and air to adjacent property, nor will it alter the essential character of the surrounding area or unreasonably diminish established property values within the surrounding area. The plan for this 3 story building in itself will significantly aker the light and air to adjacent properties. The character ofthe neighborhood will be assassinated. Nowhere nearbv on Selby will you find a 3 story lugh building. What you typically find is 2 story � all brick older buildings housing retail, some multi-family and single family homes. � �� -�� Property values of adjacent properties should in fact decrease as opposed the staff findings of a"positive affect" on surrounding property values. The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. Legacy Management and Development are certainly in this for the money. If they downsized this project to meet the current codes and plans they would not generate the same income they would by having a 3 story- 40 Unit residential with commercial space property. Income potential is shazply increased. It is possible for them to develop a project to fit within the zoning code clearly the scale of the project is being motivated by income. C� � � GROIJNDS FOR APPEAL: � At the Boazd of Zoning Appeals meeting which took place on November 25, 2002, 7ohn Hardwick was on vacation. Several e-mails to 7ohn were not presented to the boazd, also the attached letter from the Summit University Planniug Council was not presented. The appeal is based on the following: The property in question cannot be put to a reasonable use under the strict provisions of the code. The property in question can indeed be put to use under the strict provisions of the code. What has been presented is a plan. There is no quesrion that the developer can downsize the plan to meet with city code and the Selby Avenue Small Area Plan. The 25 foot separation from commercial to residentiaY properiy is in p�ace to protect the — adjoining land owners from additional noise and traffic, and to protect their space, light, and right to quiet enjoyment of their property. The plight of the land owner is due to circumstances unique to this property, and these circumstances were not created by the landowner. The project could be amended to conform to current code and the Selby Ave. Small Area Plan which was adopted by the City Council in 1997 as part of their . comprehensive plan. 'I`he landowner has indeed created these circumstances. The proposed variance is in keeping with the spuit and intent of the code, and is consistent with the heatth, safety, comfort, morais and welfare of the inhabitants of the City of St. Paul. The site layout and building design are NOT consistent with the Selby Ave. Small Area Plan as the staff found. If they were... no variances would be needed. The shared parking agreement which is being used here has a history of falling through. Just look to the south at Grand Ave. Many pazking agreements seem to fall through after approval, and the City of St. Paul and LIEP have no means to keep track of them. The proposed variances are not minor as staff states, that is why they were seeking a MAJOR variance. The safety issue here is obvious. 40 units, parking lots, inflwi of people into the area, and higher traffic all lead to potential problems. The proposed variance will not impair an adequate suppiy of light and air to adjaceut property, nor wiR it alter the essential character of the surrounding area or unreasonably diminish established property values within the surrounding area. The plan for this 3 story building in itself will sig�uficantly alter the light and air to adjacent properties. The character of the neighborhood will be assassinated. Nowhere nearUv on Selby will you find a 3 story lugh building. What you typically find is 2 story S all brick older buildings housing retail, some multi-faznily and single family homes. �� p 3 -\3 `l � Property values of adjacent properties should in fact decrease as opposed the staff findings of a"posirive affect" on surrounding properry values. The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. Legacy Management and Development are certainly in this for the money. If they downsized this project to meet the current codes and plans they woutd not generate fhe same income they would by having a 3 story- 40 Unit residential with commercial space property. Income potential is sharply increased. It is possible for them to develop a project to fit within the zoning code clearly the scale of the project is being motivated by income. • i 5 GROUNDS FOR APPEAL: At the Board of Zoning Appeals meeting which took place on November 25, 2002, John Hardwick was on vacation. Several e-mails to John were not presented to the board, also the attached letter from the Summit University Planning Council was not presented. The appeal is based on the following: The property in question cannot be put to a reasonable use under the strict provisions of the code. The property in question can indeed be put to use under the strict provisions of the code. What has been presented is a plan. There is no question that the developer can downsize the plan to meet with city code and the Selby Avenue Small Area Plan. The 25 —, footseparation from commercial to residenriat property is inplace to the --- adjoining land owners from additional noise and traffic, and to protect their space, light, and riglrt to quiet enjoyment of their property. The plight of the land owner is due to circumstances unique to this property, and these circumstances were not created by the landowner. � The project could be amended to conform to current code and the Selby Ave. Small Area Plan which was adopted by the City Council in 1997 as part of their comprehensive plan. The landowner has indeed created these circumstances. � The proposed variance is in keeping with the spirit and intent of the code, and is consisteut with the health, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. The site layout and building design are NOT consistent with the Selby Ave. Small Area Plan as the staff found. If they were. .. no variances would be needed. The shared parking agreement which is being used here has a history of falling through. Just look to the south at Grand Ave. Many parldng agreements seem to fall through after approval, and the City of St. Paul and LIEP have no means to keep track of them. The proposed variances are not minor as staff states, that is why they were seekin� a MAJOR variance. The safety issue here is obvious. 40 units, parking lots, influx o£people into the area, and higher traffic all lead to potential problems. The proposed variance will not impair an adequate supply of light and air to adjacent property, nor will it alter the essential c6aracter of the surrounding area or unreasonably diminish established property values within the surrounding area The plan for this 3 story building in itself will significantly aiter the light and air to adjacent properties. The character ofthe neighborhood will be assassinated. Nowhere nearbv on Selby will you find a 3 story high building. What you typically find is 2 story � all brick older buildings housing retail, some multi-family and single family homes. � b�-�� Property values of adjacent properties should in fact decrease as opposed the staff findings of a"positive affecY' on surrounding property values. The request for variance is not based primarily on a desire to increase the value or income pofential of tfie parcel of land. Legacy Management and Development are certainiy in this for the money. If they downsized this project to meet the current codes and plans they would not generate the same income they would by hauing a 3 story- 40 Unit residenrial with commercial space property. Income potential is sharply increased. It is possible for them to develop a project to fit within the zoning code clearly the scale of the project is being motivated by income. � � � BOARD OF ZONING APPEALS STAFF REPORT TYPE OF APPLICATION: Major Variance FILE #02-233250 APPLICANT: HEARING DATE: LOCATION: Legacy Management & Development Corporation November 12, 2002 755 SELBY AVENUE LEGAL DESCRIPTION: NININGER & DONNELLY'S ADDITION TO HOLCOMBE'S ADDITION TO ST. PAUL LOT 20 BLK 6 PLANIVING�TSTRICT: 8 -- -- PRESENT ZONING: B-3 ZONING CODE REFERENCE: 62.103 & 62.104(9) REPORT DATE: November 4, 2002 BY: John Hazdwick DEADLINE FOR ACTION: December 22, 2002 DATE RECEIVED: October 23, 2002 A. PURPOSE: Two variances in order to construct a new mixed use building with commercial space on the first floor, 40 apartment units and under ground pazking. 1.) A variance of the maximum height requirement. A height of 30 feet is allowed and a height of 35 feet is proposed, for a variance of 5 feet. 2.) A sepazation variance from residential property for the Grotto Street driveway. A separation of 25 feet is required and a sepazation of 3 feet is proposed, for a variance of 22 feet. B. SITE AND AREA CONDITIONS: This is a 31,000 squaze foot pazcel located on the north west comer of Selby Avenue and Grotto Street. There is no alley access to the site. Surrounding Land Use: Commercial along Selby Avenue and residential to the north and west. C. BACKGROUND: The applicant has purchased this tract of land and is proposing to develop a mixed commercial residentiai building with underground pazking on the site. D. FINDI�iGS: 1. The property in question cannot be put to a reasonable use under the stsict provisions of the code. � � � Page I of 3 � o� -�39 File #02-233250 � Staff Report This pazcel consists of 7 sepazate lots, most of which are currently vacant. There is a' small mixed use building on the eastem end of the site that will be removed. The applicant is proposing to construct a three-story, 48,000 square foot building, with 40 aparhnent units and 3,900 squaze feet of commercial space on the first floor. There will be one level of underground pazking providing 43 spaces. There will be 14 surface parking spaces at the rear of the building with the balance of the required pazking being provided in the church pazking lot across Grotto Street through a shazed pazking agreement. The Selby Avenue Small Area Plan calls for new commercial and mixed use buildings to be constructed at the front lot line with parldng located to the rear of the building. In order to comply with this guideline, it is necessary to provide access to the pazking azea closer than the required 25-foot separation from the adjacent residential property to the north. This guideline also affects the height of the proposed building. A B-3 zoning district has a 30-foot height limit but allows the building to exceed this limit by 1 foot for each foot that the building is setback from the properiy line. In order to keep the building close to the front property line a height variance is required. 2. The plight of the land owner is due to circumstances unigue to this property, and these circumstances were not created by the land owner. • The lack of alley access and the design guidelines of the Plan that calls for the placement of new buildings close to the front lot line, are circumstances that were not created by the applicant. 3. The proposed variance is in keeping with the spirit and intent of the code, and is consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. The proposed mixed use, site layout and building design are consistent with the Selby Avenue Small Area Plan which was adopted by the City Council as part of the Comprehensive Plan in 1997. The requested variances aze needed to comply with the goals of the Comprehensive Plan. The Plan also stresses the need to provide adequate off-street parking and recommends shared use of existing parking lots as a means of achieving this. With the shared parking agreement for the existing church pazking lot, this project will exceed the minimum parking requirement. The proposed variances are relatively minor and are in keeping with the spirit and intent of the code. 4. The proposed variance wi11 not impair an adequate supply of light and air to adjacent property, nor will it alter the essential character of the surrounding area or unreasonably diminish established property values within the surrounding area. � Page 2 of 3 � File #02-233250 Staff Report The proposed building will be located on the front of the lot and away from the residential properties to the north. The minor 5-foot height variance will not significantly affect the supply of light or air to adjacent properties. The reduced sepazation for the access driveway on Grotto Street will likewise have little affect on the supply of light or airto adjacent properties. The proposed building has been designed with materials that relate to other nearby buildings and with first floor windows being a dominant feature. This is consistent with the Plan guidelines. The minor height variance and proposed driveway location will not alter the chazacter of the neighborhood. This new development will be an asset to the ---- rieigkborhood an�skonict$ave a positive af�ec�n surrbunding piope�y vaTues. 5. The variance, ifgranted, wouZd not permit any use that is not permitted under the provisions of the code for the property in the district where the affected land is Zocated, nor would it alter or change the zoning district classiftcation of the property. � A mixed residentiaUcommercial building is a permitted use in this zoning district. The proposed variances, if granted, would not change or alter the zoning classification of the property. � 6. The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. The applicanYs primary desire is to develop a viable mixed use building that is in keeping with the goals of the Comprehensive Plan and the Selby Avenue Small Area Plan design guidelines. E. DISTRICT COUNCIL RECOMMENDATION: As of the date of this report, we have not received a recommendation from District 8. F. CORRESPONDENCE: Staff has received no correspondence on this matter. G. STAFF RECONIMENDATION: Based on findings 1 tUrough 6, staff recommends approval of the variances, subject to the condirion that all of the subject lots are combined as a single pazcel under one property identification number. Page 3 of 3 i l� APPLICATION FOR ZONING VARIANCE �t�� OFFICE OFLICENSE, INSPECTION, AND � II � �I ENVIRONMENT,9L PROTECTION �� 300 Lowry Prafessiona[ Building �� 350 St Peter Street Saint Paul, MN 551O2-I510 (651) 266-9008 � Address �/S/ Ua/�G �K� Sa. V � _ City �n � Nw St. 1�'trJ Zip SS'-F3-s Daytime Phone gS� -�31 -/5/� � APPLICANT �� Property interest of Applicant (owner, contrect purchaser, etcJ t s�i✓areo �e✓el,o�� PROPERTY INFORMATION Name of Owner (if Address / Proposed G� -f LegalDescription �� /��R�e� �i��-- (aftach additional sheet if necessary) , 7 ( A-��s Lot Size.3n� 9�� SQ �=F_ Present Zoning �- Present Use �A-cA.�'t 13ti, �a��, � U�^'� �� ! ' � L ti � 1. Variance(s) requested: cj,? w^�^-'�°i"'p- � t/ Sw- SC'-e R �AC�e� ✓A�-�A��e_ (?s��ST r �� 7 l �"- �o*v.rr.-a.v1 (> bo�� z5 y 2. What physical characteristics of the property prevent its being used for any of the permitted uses in your zone? (topography, size and shape of lot, soil conditions, etc.) ,� e A iJ',� c/, e� �/,42� R �e�esT 3. Explain how the strict application of the provisions of the Zoning Ordinance would result in peculiar or exceptional practical difficulties or exceptional undue hardships. �2 A-r�e� VA*t-l�+/� �eQw25� 4. Explain how the granting of a variance will not be a substantial detriment to the public, good or a substantial impairment of the intent and purpose of the Zoning Ordinance. � I See AppiicanYs R-rTHGd e� �� a,✓�e. �� e 5� CASHIERS USE ONLY d �� / -aZ— � t r� �� -a3 _�- � Vaziance #1: 1) Location of Entrance/E�t to Property Line (We are setback from the property 2 to 3 feet) � Requirement: (621049C) Entrances and e�ts to and from all pazking facilities located in land zoned other than R-LL, R-1 through R-4, RT-1, and RT-2 shall be at least twenty-five (2S� feet from any adjoining property in R-1 through R-4, RT-1 and RT-2 zoning districts. 2) The depth of the lot is too narrow to allow the building width, required pazking, driveway, and entrance/e�cit to access pazking, and the 25' setback. The lot is 119' deep. Project would require a lot of 142' to 145' in depth. 3) If the entrance/e�t to the parking were located per the ordinance, there would not be enough maneuvering area to get to the pazking, and the entrance would be within a few feet of a residential dwelling unit. The driveway and parking would have to be eliminated altogether, and therefore, we wo uld not be able to meet the requirements for off-street parking as requued by the ordinance, we would not have access to the underground pazking, and we would not have access to the 4- stall pazking structure. 4) The driveway is still about 35 feet away from the closest residential building proper and a 6-foot high wood fence on top of the retaining wall along the entire north property line will separate the properties. Variance #2: 1) MaYimum Height of Structure at West Sideyard [Our building is 33'-0" tall � in height measured from the first floor level to the top of the roofing, and is located at the west property line with no setback] Requirement: (62.103.d) The height of the structure may exceed the mazimum building height allowed in the district, provided the structure is set back from all setback lines a distance equal to the height which said structure exceeds the masimum buildin� height allowed in the district. 2) Our building is 244'-0" in len�th, while the property is 246'-0", for a difference of 2'-0". If ineasured to the top of the roofm� material, we would need to be setback a minimum of 5'-0". 3) The height of the structure is measured from the sidewalk (grade) level (elevation 98'-0"), which is 2'-0" below our first floor level, to the top of roofing, �vhich is 133'-0" or 35�-0". Our floor-to-floor heights, (and structural depths) have been minimized to industry standazd minimums (and depths required for structural integrity) for the retail and residential components to keep the hei�ht of the structure down as low as is practical. Reducing the height of building would result in not being able to rent the spaces creating an undue hardship. 4) At the west property, only 28 feet of our 66' building lena h is located at the property. The remaining buildin� edge is located 8'-8" away from the property line, which falls within the pazameters of the zoning ordinance, and there are no � openinas along this west end. Most of the building wall located 8'-8" away from 1� �� r . 3 � �� JL� the properiy line is located to�vard the south or front proper[y line facing Selby �� also reducing its impact to the adjoining west property. Also the property to the West is owned by the ciry, but has a long-term lease to Walker West Music Academy to be used as a music garden (open space). Variance #3: 1) Maximum Height of Structure at South frontyard [Our building is 33'-0" tall in height from the first floor level to the top of the roo5ng, and is setback 3'- 0" near the west property line, 7'-0" at the middle portion, and 4'-0" near the east property line] Requirement: (62.103.d) The height of the structure may exceed the m�imum building height allowed in the district, provided the structure is set back from all setback lines a distance equal to the height which said structure exceeds the maYimum building height allowed in the district. 2) The depth of the lot is too narrow to allow the building width, required pazking, the driveway to access the rear parking, and to setback the building at the front edge equal to that of the building height exceeding 30 feet. If ineasured from grade (or sidewalk level) to the top of the roofing material, we would need to be setback a minimum of 5'-0". We currently have a 3'-0" setback at the west end of the front yard. Moving towards the east end of the properry the grade drops approximately 2'-0". If building height is measured from sidewaik grade to roof, our height at the east end frontyard is approximately 37'-0". Our setback at this end of the property is approximately 4'-0". Our setback at . the middle of the property is approximately 7'-0" which meets the zoning requirements. 3) The height of the structure measured from the sidewalk at grade near the west end (elevation 98'-0"), to the top of roofing, is 133'-0" or 35'-0". Our floor-to- floor heights, (and structural depths) have been minimized to industry standard minimums (and depths required for structural integrity) for the retail and residential components to keep the height of the structure down as low as is practical. Reducing the height of building would result in not being able to rent the spaces creating an undue hardship. 4) Our building fronts a public way, Selby Avenue, which is a prominent arterial street running through the city which has a variety of buildings and building heights along its frontage. Recognizing the zoning issues and height requirements, the building is setback from the property line 3'-0" minimum at the west end, 7'-0" in the middle which meets the requirements, and 4'-0" at the east end to ease and minimize the building's impaet while also breaking up the massin� of the building. We meet or are within a couple feet of ineeting the ordinance depending on where the measurement is taken from, to try to satisfy the intent of the zoning ordinance. `� �3 ��`��.�� • Legal Description Property descriptions start on Grotto and Selby and move west. i. 741 Selby PIN 02-28-23-12-0119 Lot 20, Block 6, Nininger & Donnelly's Addition to Holcomb's Addition 2. 747 Selby PIN 02-28-23-12-0221 Lot 19 and East 30 feet of Lot 18, Block 6, Nininger & Donnelly's Addition to Holcomb's Addition 3. 0 Selby PIN 02-28-23-12-0222 Except east 30 feet, Lot 18, Block 6, Nininger & Donnelly's Addition to . Holcomb's Addition 4. 755 Selby PIN 02-28-23-12-0116 Lot 17, Block 6, Nininger & Donnelly's Addition to Holcomb's Addition 5. 759 Seiby PIN 02-28-23-12-0115 Lot 16, Block 6, Nininger & Donnelly's Addition to Holcomb's Addition 6. 767 Selby PIN 02-28-23-12-0113 Lot 14, Block 6, Nininger & Doanelly's Addition to Holcomb's Addition � � �1 �=-�� _ . { � -- � S .. � �h�<� oE •`P3 � 6 0 � ° � O .mo a > �_°�� E-ma i a s mU a_=W mxiu`s` FE_=x# a i i � L— _ °' 2 �i � � �l' h F I !a g ' ! � �i{� } P„ ; l� � : � i �F a t t i �f��'� � �� ,�� 4 � 4? �� g a iq='�=�� 3� :� i� ��E ii�! 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SUNRAY-BATTLECREEK-HIGHWOOD 2. HAZEL PARI; HADEN-PROSPERITY HILLCREST 3. �VEST SIDE - 4. DA1�0\T'S BLUFF 5. PAYNE-PHALEN , 6. Iv'ORTH END 7. THOMP.S-DALE S. SLT;.SMIT-UIr�IVERSITY :. �VEST SEVENTH 10. C0�10 Ii. HAR4Li\'E-MID�VAY 12. ST. AI�'THONY PARK � 13. MERRIAM PARK-LEXINGTON HAh4LI\TE-SNELLING HAh�L?:�� 1;. MACALESTER GROVET�IND 15. HIG�iLAND 1G. SUhiMIT HILL 17. DO�VI�`TOWN �.�� -��.� o a_�� , CITIZEN PARTICIPATION PLANNING DISTRICTS Page 1 of 2 John Hardwick - Re: Inaction by SUPC regarding development on Selby and Grotto ��-� �� • From: Joe Breuer <oachimbreuer@yahoo.com> To: <randy.kelly@ci.stpaul.mn.us>, <jerry.blakey@ci.stpaul.mn.us>, <chris.coleman@ci.stpaul.mn.us>, <pat.harris@ci.stpaul.mn.us>, <ay.benenav@cistpaul.mn.us>, <jim.reiter@ci.stpaul.mn.us>, <dan.bostrom@ci.stpaul.mn.us>, <kathy.lanhy@ci.stpaul.mn.us>, <ohn.hazdwick@ci.stpaul.mn.us>, <martha.fuller@ci.stpaul.mn.us> Date: 12/5/2002 12:12 PM Subject: Re: Inaction by SUPC regarding development on Selby and Grotto To whom it may concem, My name is Joe Breuer and my wife and I live in the Summit-University neighborhood. We pride ourselves in being home- owners in a historic city district (698 Dayton Avenue). I am writing to make known my displeasure with the lack of action by the SUPC regazding the proposed development at Selby and Grotto. My concems include: 1) Our neighborhood does NOT need more high density housin�. • 2) Using the Morning Star Church pazking lot is NOT a solution to alleviate the pazkin� needs for the proposed development. Better development of this space can and should be envisioned. 3) Destroying the historic character of the neighborhood by razing the existing building and replacing it with Disney-style pseudo-historic architecture does not serve the needs of the communiry. This type of development is reminiscent of the Minneapolis Block E. That development has been meet with wide criticism. 4) Ignoring the vaziance requirements seu a dangerous precedent for other developments on Selby. This jeapordizes the quality of life and values of the existing residents. 5) Most importantly, the community unanimously made their opposition to the proposed development lmown to the SUPC at a meeting held on November 19th of this year. The SUPC, which exists to serve the neighborhood, did not take any actions to try to stop this development. As a voting citizen and resident of the nei�hborhood, I would like to take this opportuniry to express my support for the appeal to overtum the granting of the variances. I hope my voice will be heard and represented in the final decision taken by our city. Thank you for considering my thoughts on this issue. Sincerely, Joe Breuer � Joe Breuer Principal Consultant New Dimensions Consulting, LLC 651.291.9153 � file://C:�Documents%20and%20Settings�hazdwicj�I.oca1%20Settings\Temp\G W } 00001.HZ.. 12/5/2002 Page 1 of 1 John Hardwick - Variances granted for development at Selby and Grotto Avenues From: " Dan and Peg Puhl" <danpegpuhl@wavefront.com> , To: <randy.kelly@ci/stpaul.mn.us>, <jerry.blakey@ci.stpaul.mn.us>, <martha.fuller@ci.stpaul.mn.us>, <john.hardwick@ci.stpaul.mn.us> Date: 12/4/2002 3:18 PM Subject: Variances granted for development at Selby and Grotto Avenues Greetings, As a fairly active neighbor in the Summit University area for the past 8 years, I have frequently observed the District 8 council fail in its basic duties of zoning advice and crime prevention. The purpose of this message is not to expound upon these issues, rather to deal with a specific situation. This current situation at Selby and Grotto is another example of that failure, however, this situation is more disconcerting due to the fact that the council acted to the contrary of resident feedback. I represent the opinions of the Laurel Avenue Block club and the residents are riot in favor of the variances granted. The current proposal was changed after initial approvai from residents. Also, residents were very --- cortcemed�bo�tttre currentbmldirtg on the site. Thenew proposai wiH demolisFrthis building ar�estabNsh -- essentiaily an apartment buiiding. ThaYs not what we need in this area. Thank you so very much for taking the time to read this message. Dan Puhl 881 Laurel Avenue Block Captain, and former SUPC Chairman and Treasurer. • � �� file://C:�Documents%20and%20Settings�hazdwicj�L.oca1%20Settings\Temp\G W} OOOO 1.HT... 12/4/2002 � �L Mt. Olivet Missionarv Baptist Church 451 Rev. Dr. James W. Battle, Sr. (W. Central) Ave. St. Paul, MN 55103 ( Ph. 651l227�J�i4) ( Faa 651/227-2114) Rev. James C. Thomas, Pastor ovember 22, 2002 John Hardwick City of St. Paul, LIEP Office 350 Saint Peter St., Suite 300 St. Paul, MN 55102-1510 Dear Mr. Hardwick: ir �5� �� 1 � /-� b 3 -�� I am a resident of the Summit University area and I serve a congregation located in this area. Thus, I am concerned about the recent rumblings that I have heard regarding the Seiby Grotto project. I am writing to express my support for the Selby Grotto project. It is my hope that the variances requested for the project will be granted. I have been a resident of St. Paui for a short time, but I see that the Selby Grotto project wiil have a long-term benefit for the community. This project wiil provide a mix of � affordable and mazket rate housing, which the city desperately needs, and it will also provide an opportunity for business development with the creation of commercial space. This project is also a crearive use for a parcel of land that currenfly has a building that blights Selby and the surrounding area. In short, I believe that this project deserves the support of the City of St. Paul as it provides a win — win situation for all that are genuinely concerned. In a time when churches are leaving the inner city, the Mt. Olivet Church plans to remain a fixture in the Summit University area. Projects such as this one proposed by the Selby CDC continually reminds us that there is life and vitality in this community. Thus, our commitment to minister to the total person finds harmony with the creation of housing and economic empowerment that the Selby Grotto project will bring. I thank you for your consideration of this matter and I look forward to a positive resolution. • Sincerely, �� v 7-.Zrw�f- L� / 7 James C. Thomas. Pastor Cc: Gail Graham Cc: Jerry Blakey .�� (3 -�0 � Dear Sir or Madam Reference: Selby Grotto Project This tetter is to show my support for the Selby Grotto Devetopment Project. This parcel(s) of land have been tong vacant and tong in coming. The thou�ht process invotved with the project demonstrates the care's of making it a viabte endeavor. A.group showed their dissatisfaction for this proJect�y voting down necessary variance's needed. Statements were made that the buitding located at the North West corner of Grotto at Selby shoutd be saved, but with asbestos, lead and mold the cost associated to these issues woutd put the project out of reach. This development is a mixed use structure that addresses low income and market rate pricing with commerciat use as well. I fiope that the powers to be witt embrace this development and keep the larger picture in mind that � the project as a whote and the demolifion of the free standing building move forward. Thank you for your time and consideration. Respectfutty Yours R. Mychael Wright Owner of GOLDEN THYME COFFEE SHOP • �� o�-�� Manufacturers Of Quality Sewer Cleaning Equipment Since 1957. November 20, 2002 Mr. John Hardwick City of St. Paul, LIEP O�ce 350 St. Peter Street Ste 300 ST. Paul, MN 55102 Dear Mr. Hardwick; �� `� , � � �? S�-� =3 o.�- a33�s� I am writing you to express my support of the Selby Grotto Project being developed by the Selby Area CDC. As a neighboring property owner at 746 • Selby for the past 3 1/2 years, I wish to express my support in particular for the two requested zoning variances for the project. I was unabie to attend the community meeting yesterday that was held to solicit community input from District 8. It is my understanding that the opposition to the variance request was due in large parf to a perceived "hisforic" character of the building at 741 Selby. While I do appreciate the important work of Historical Preservation office in St. Paul, I do not share the view that this building has any redeeming historical significance, and I believe the designated historic district is east of Dale. This particular property has been boarded up since at least 1998. i erely, � Jo Donaldson cc: Gail Graham - SUPC Planning Council Jerry Blakey - St. Paul City Councii i 746 Selby Ave. • St. Paui, MN 55104 •(651) 222-1738 • Toll-Free 1-800-328-8170 • Fax (651) 222-1739 �� NOl1�-I9-2002 13: a2 AA1�CT MAkia y4'T A6HLA1fD AVEAIIE s�tsT PAVL x�Ra6.ozw asios-Ti�o 6si.aza.6gs2 November 19, 2UO2 P.01�01 �� — s� - � "� .. "�-? � VIA FAC8IMILE 6b1.293.9040 Stacey Millett, Executive Director Selby Communfty Development Corporetion — 626 Selby Avenae, Suita G --- -- ---- - Sa{nt Paui, Minneeota 55104 Oear Ms. Mplett: As s 15-year homeowner fn the Selby area, I'm e�dremely deased with the impravements that have besn made and planned recenUy. From what !'ve saen, you seem to have coMributed considerably, and I'd like to express my appreciation. One ef the projecis that is pa►ticularly exciting is the Selby Grorio Project. This sounds end looks like something that wili be a great fmprovement to the are8. It will complefe the changs of ths Avon-Grotto Dlock on Se1by from ona thet was extremely depressing a few years ago to one thaYs among the most vibrant and attrective — and even tax-produdng — in the whole ilp code. While I won't be able to attend tonighYs variance hearing, based on the flyer I rec9lved Iisting the requesta, I definitely support approvai of the varianees in order to enable compietion ot tha Selby Grotto Apartments. Should you need to contad me, you can do so at my office at Sieben Polk, at 222.41ag. Sincerely, ;�� /�� Nancy Matks /pi • �� TOTAL P,01 N�U-19-2002 15�27 P.02 _ Nov• d• 20�2 4:d6PM Lesacv Manaaement & Develoament No•1959 P• 2 0�- � PARKING EASEMENT TFiIS AGREEMENT is made as of the � day of November, 2002 (the "Effective Date'�, by and between Selby Grotto Limited Partnership, a Minnesota limitad partnership ("Selby Grotto'7, and Morning Ster Missionary Baprist Church, a Minnesota nonprofit corporation (the "Church'�. ITALS A Selby Grotto is the owner of the parcel of land described oa Exhibit A sttached hareto (the "3elby Grotto Tract"). The Church is the owner of the pazcel of land located at � 739 Selby Avenue in Saint Paul, Minnesota and describad on �ij� (the "Church Tract'�. B. Selby Glrotto intends to consiruct an apartment building with approximately 40 residentiai units and 3,900 square feet of commercial spaca on the Selby Grotto Tract (the "Project"). C. Selby Grotto has requested an easement from the Church for parking, Acwrdingly, the parties agree as follows: i 1. Cir�nt of $�sement. The Church hereby grants and conveys to Selby Grotto, its successors and assigns, a non-exclusive easemeat for parlcing on the lot located on the Church Tract (the "Easement Area'�. The right to park on the Easeme� Area shall axtend to Selby Grotto's agents, employees, tenants, subtenants, suppliers, contractors, and invitees (collectively, the "Permitted Users") during all times except for (i) Sundays between the hours of 7:00 am. and 3;00 p.m.; (ii) reasonabla hours for funeral services, provided that the Church give Selby Grotto threa (3) days' prior written notice; and (iii) reasonable hours for any Church-sponsoted special events including scheduled weddings, holiday Church services, Church-spbnsored evening programs, bible study classes, and Church-sponsored musical presentations, provided that the Church give Selby Grotto seven (7) days' prior written notice. The Church may, with thirty (30) days' prior written notice to Selby Grotto, reconfigure, repair, or replace the Easement Area so long as during and afltar such work at least twenty-five (25) pazking spaces are available for tha Permitted Users. This Easement �� NOU-04-2002 17�04 9528312461 �i fa L Nov. d. 2002 4:46PM Leoacr Manaoement & Develoament No•1959 P• 3 shall be appurtenaut to and for the baneSt of the Selby Grotto Tract, and shall be biading on, . enforceable against, and burden the Church Tract. 2. Term. This Hasement shali conrim►e in effect for two (2) years commencing on the date the Project first raceives a certificate of occupancy with respect to the commercial space. Thereafter Selby Grotto shall have seven (� consecutive options to reaew for taro (2) yeazs eech, provided that to exercise an option Selby C9rotto must give notice to the Church at least 30 days before ihe end of the thrn Term togethar with $4,000. 3. Considaration. In consideradon for the �anting of the Easement: (a) Selby Grotto shall pay to the Church five thousand dollars ($5,000) within ten (10) days after the closing date for the Project financing; (b) throughout the construction of the Project, a Church reprasentative shall be informad seven ('n days in advance of and be permitted to attend any regularly scheduled Selby C3rotto construction team meetings relating to the assistance on all signs, brochures, and written announcements that (i) specifically publicize the Ptoject; (ii) are agreed to, after consultation, by representatives of Selby Qrotto and the Church; and (iii) would not reasonably be expected to subject Selby Crrotto or the Church to liability for whatever reason. � U 4. Maiz►tenance. Selby Grotto shail have tha right, but not the obligation, at its own expe,nse to maintain and repair the pavement within the Easement Area in such manner es may ba reasonably necessary to use the Easement. Selby Cnotto will have no obligetion to � pay for any maintenance of the Easement Area performed by or at the request of the Church_ 5. Su�yension of Rights. If the Church decides to construct a new church upon tho Church Tract, the Church may, efter sixty (60) deys' written notica, suspend Selby Grottds parking rights under this Agreement for a period equal to the shorter of (i) the duration of tha oonstruction of the replacement church, and (u) twelve (12) months. If the Church alects to suspend Selby Grotto's parldng rights under this provision, Selby Grotto may elect within thirty (30) days after receiving such notice to terminate this Agreemeat by written norice to the Church. In the event of such terminatian, ttris A�re�ent will be of no further effect, the Church shall reimburse to Selby Gzotto within thirty (30) days the pro rate share of the monatary consideration paid by Selby C3rofto to the Church for the unused porkion of the Term, aad naither pariy will thereaftar have any further obligation under this Agreement. 6. Insuranca: Indemnitv. During the Term, Selby Qrotto shall, at its sole cost and expense, maintain or cause to be maintained in full force and effect at least the minimum insurance coverages: Commercisl Genaral Liability Insurance covering the Easement Area with a combined single limit of liability of at least One Million Dollars for bodily injury, personal injury and property damage, arising out of any occurrence; naming the Church as an "additional named insured" under such policy. Selby Grotto agrees to defend, protect, and indemnify and hold harmless the Church from and against all claims or demands, including any action or proceeding brought thereon, and a11 costs, losses, expenses and liabilities of any ldnd, inciuding reasonable attomey's fees and cost of suit, arising out of Selby Grotto's use 2 � �-� NOU-04-2002 17�05 9528312461 98i P.03 Nov. 4. 2002 4:46PM Legacv Management & Develoament ff to Church: Moming Star Missionary Baptist Church 739 Selby Avenue St. Paul, Minaesota 55104 Attn: Reverend Carl Walker 0� -1�1 of the Easement Area; provided, however, the foregoing obligatian shall not apply to claims . or demands to the extent caused by the negligence or the willful act or omission of the L"hunch. 7. Default. Tha Church may termina#e Selby Crrotto's rights under this Agreement if Selby C�rotto defaults undar any provision in this Agreement end fails to cure such default within ten (10) days after receiving from the Church written notice of the Default. 8• Notice. A11 notices, demands and requests (coll�tively the "Notice'� required or permitted to be givan under thia Agreement must be in writing and shall be deemed to have been givan as of the date such Notice is (i) delivered to the party intended, (ii) delivered to the then current address of the party intended, or (iii) rejected at the then current address of the party intended, providad such Notice was sent prepaid. The inirial address of the parties sha11 be: If to Selby Grotto: Selby Grotto Limited Partnership c% Legacy Maaagement 7151 York Avenue South Edina, Minnesota 55435 Attn: Patrick Lamb � No.1959 P• 4 Upon at least ten (10) days prior written notice, eithar party shall have the right to change its address to any other address within the United States of America. jRem¢inder of Page Intentionally Le,� BlankJ � ��/, ■ •�. 9528312461 9gi � �Nov• 4• 20U2 4:4IYM Leoacv MaoaBement & Uevelovment No•1559 N• 5 IN WITNE3S VVHEREOF, the parties have caused this Agreement to be executed on tha da#e set forth above. : �1 . . . � � i � � ; � 4.l:�:_ ;�� :�., ,��„ :� �- - ..�, � . .. ., � •: ,^- / = ' . "�� ./ ,` : r/. �. �� STATE OF NIINNESOTA ) ss. ------ - - - - - -- - COUNTY OF ��' ) The f re oing instrum�t was aclmowle ed b fore Jna this �'� day of November, 2002, by ��iC1G �ern,h� the �? �l.4/�i of Legacy Management & Devalopment Crnporarion, the general pariner of Selby C�rotto Limited Partnership, a Minnesota limited partnership, on ehalf of the partnership. ./ . CHRISTINE DERHEIM N � y � I Nofery Publk Mlnrtaeote �' ny eammhewn Exo4esknuey3r.2006 • � � 4 �� NOU-04—�02 17�95 9528312461 99% P.65 F.Nov' � LeBacv Management & Uevelooment No•1959 N. 6. u n� i i�. � ut 16:3�/ST,16,3]/NQ. 4no�o4�274 r o 0�—�3, � STATB OF MINNE90TA ) � 80. COi7rrrY ox 11•�.ry s,� s� � MORNYNG STAR MI88IONARY B.�P'l75f CH�TRCH :w �� j'_l,c; Tho ibregoiag iaaaument wa9 ac]mowledged befon ut� thi9 �. day of Ootober, 2002, by �,�v G.v�e.t. drs°c� �R , the 9.9� ��/2 of tha Mornlag stac R�fiasionery Baptiet Chtiuch, a M%nnesota nonptofit cocporarion, on behalf of the nonprofit corporarion, �. ��/� _ N blic THI$ INSTRIRv1ENT WAS DRAFTED BY; � FaOg[O ffi B8na0A \ 511� 2200 Wells Fatyo Center � .�011�1 SBVEaf}l .�h'OOt Mmneenolu, MN 53402 Phane: (612) 766-7000 M7:9S.t998.07 F..tiw�.. �.�. a.a�.M...a,� .r�y JC:i.L R. >'ft�.n-r l i:i n0ij.vr�:,n V..<,wr�y:&`b� '�'� `',-.x �a:aic:.. exr�rr,,.%.�iN, ai,awS •,;r.0 •�u.nr,z�•.,,•,.. s S �� , hI�U-04-2002 17�05 9528312461 98i P.06 ., Nov• 4• 2UU2 4:4rNM LeBacv �anaoement & Uevelovment � ��n: �::� .l_.._ . . . . ,.n No•15b5 N• 1 Lots FiReen (15), Si7ctean (16), Seventeen (17}, Eighteen (18), Nineteen (19), and Twenty (20), Block Six (6), Nininger & Donnelly's Addition to Holcombe's Addition to Saint Paul, Ramsey County, Minnesota. � C� � NOU-B4-2002 17�06 9528312462 98i �� P.07 �• Nov• b• 2UU2 4:dINM Lesacv Manasement & Ueveloument No•1959 P. 8 07—�� i �:��: IR�I�{•� � -_ M� � II • � " M 1 Lots Sixteen (1 �, Sevent�n (17), Bighteen (18), Nineteen (19), Ttventy (20), T�venty-one (21), Twenty-two (22), 'I�ventythree (23) Twanty-four (24), and Twanty-five (25), Block Three (3), Holcombe's Addition to Saint Paul, Ramsay County, Minnesota. C , � � � �a NOU-04-2002 17:06 9528312461 98i � CITY OF SAINT PAUL Deadline for Action: iz-zz-oz � BOARD OF ZONING APPEALS RESOLUTION ZONING FILE NUMBER: #02-233250 DATE: November 12, 2002 WHEREAS, Legacy Management & Development Corporation has applied for a variance from the strict application of the provisions of Section 62.103 & 62.104(9) of the Saint Paul Legislative Code pertaining to: 1.) A variance of the ma�cimum height requirement, and 2.) A separation variance from residential property for the Gtotto Street driveway, of a new mixed use building with commercial space on the first floor in the B-3 zoning district at 755 Selby Avenue; and WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on November 12, 2002 pursuant to said applicarion in accordance with the requirements of Section 64.203 of the Legislative Code; and WHEREAS, the Saint Paul Boazd of Zoning Appeals based upon evidence presented at the public hearing, as substantially reflected in the minutes, made the following findings of fact: 1. The property in question cannot be put to a reasonable use under the strict provisions of the • code. This pazcel consists of 7 separate lots, most of which aze currently vacant. There is a small mixed use building on the eastem end of the site that will be removed. The applicant is proposing to construct a three-story, 48,000 squaze foot building with 40 apartment units and 3,900 square feet of commercial space on the first floor. There will be one level of underground pazkin� providing 43 spaces. There will be 14 surface parking spaces at the rear of the building with the balance of the required parking being provided in the church parking lot across Grotto Street through a shared parking agreement. The Selby Avenue Small Area Plan calls for new commercial and mixed use buiidings to be constructed at the front lot line with pazking located to the reaz of the building. In order to comply with this guideline, it is necessary to provide access to the parking azea closer than the required 25-foot separation from the adjacent residential property to the north. This guideline also aFfects the height of the proposed building. A B-3 zoning district has a 30-foot height limit but allows the building to exceed this limit by 1 foot for each foot that the building is setback from the property line. In order to keep the bnilding close to the front property line a height variance is required. 2. The pZight of the la�:d ownes is due to circumstances unique to this property, and these circumstances were not created by the land owner. Page ] of 4 � �� J a� - �' � File #02-233250 � Resolution The lack of alley access and the design guidelines of the Plan that calls for the placement of new buildings close to the front lot line, aze circumstances that were not created by the applicant. 3. The proposed variance is in keeping with the spirit and intent of the code, and is consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. The proposed mixed use, site layout and building design are consistent with the Selby Avenue Small Area Plan which was adopted by the City Council as part of the Comprehensive Plan in 1997. The requested variances are needed to comply with the goais of the Comprehensive Plan. The Plan also stresses the need to provide adequate off-street parking and recommends shazed use of existing parking lots as a means of achieving this. With the shared parking agreement for the existing church parking lot, this project will exceed the minimum parking requirement. The proposed variances are relatively minor and are in keeping with the spirit and intent of the code. 4. The proposed variance will not impair an adequate supply of light and air to adjacent property, nor will it alter the essential character of the surrounding area or unreasonably � diminish established property values within the surrounding area. The proposed building will be located on the front of the lot and away from the residential properties to the north. The minor 5-foot height variance will not significantly affect the supply of light or air to adjacent properties. The reduced sepazation for the access driveway on Grotto Street will likewise have little affect on the supply of light or air to adjacent properties. The proposed building has been designed with materials that relate to other nearby buildings and with first floor windows being a dominant feature. This is consistent with the Plan guidelines. The minar height variance and proposed driveway location will not alter the chazacter of the neighborhood. This new development will be an asset to the neighborhood and should have a positive affect on surrounding property values. S. The variance, if granted, would not permit any use that is not permitted under the provisions of the code for the properry in the district where the affected land is located, nor would it alter or change the zoning district classification of the property. A mixed residentiaUcommercial building is a permitted use in this zoning district. The proposed variances, if granted, would not change or alter the zoning classification of the property. � Page 2 of 4 • h J File #02-233250 Resolution 6. The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. The applican't's primary desire is to develop a viable mixed use building that is in keeping with the goals of the Comprehensive Plan and the Selby Avenue Smail Area Plan design guidelines. � NOW, THEREFORE, BE TI' RESOLVED, by the Saint Paul Board of Zoning Appeals that the provisions of �hon 62. & 62.i�4r� fieiebywai'v�to�iow: l��maacun �eigTifo� -- 35 feet, arid 2.) A residential properiy separafion of 3 feet for the Grotto Street driveway, subject to the condition that all of the subject lots are combined as a single parcel under one property identification numben In order to construct a new mixed use building with commercial space on the fust floor, 40 apartment units, and under ground pazking on property located at 755 Selby Avenue; and legally described as Nininger & Donnell}�s Addition To Holcombe's Addition To St. Paul Lot 17 Blk 6; in accordance with the applicarion for variance and the site plan on file with the Zoning Administrator. • MOVED BY: SECONDED BY: IN FAVOR: AGAINST: MAILED: November 13, 2002 Page 3 of 4 � �� O�-�� _ File #02-233250 � Resolurion TIME LINIIT: No order of the Board of Zoning Appeals permitting the erection or alteration of a building or off-street parking facility shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is proceeding pursuant to the terms of such permit. The Board of Zoning Appeals or the City Council may grant an extension not to exceed one year. In granting such extension, the Board of Zoning Appeals may decide to hold a public hearing. APPEAL: Decisions of the Board of Zoning Appeals are final subject to appeal to the City Council within 15 days by anyone affected by the decision. Building permits shall not be issued after an appeal has been filed. If permits have been issued before an appeal has been filed, then the permits are suspended and construction shall cease until the City Council has made a fmal determination of the appeal. CERTIFICATION: I, the undersigned Secretary to the Board of Zoning Appeals for the City of • Saint Paul, Minnesota, do hereby certify that I have compared the foregoing copy with the original record in my ofTce; and find the same to be a true and correct copy of said original and of the whole thereof, as based on approved minutes of the Saint Paul Board of Zoning Appeals meeting held on November 12, 2002 and on record in the Office of License Inspection and Environmental Protection, 350 St. Peter Street, Saint Paul, Minnesota. SAINT PAUL BOARD OF ZONING APPEALS Debbie Crippen Secretary to the Board � Page 4 of 4 � .� o�-�� Summit University Planning Council Building a Better Communiry 627 Selby Avenue St. Paul, MN 55104 Phonec 651-228-1555 Faz: 651-225-1108 districi8ldci-4taauLmrtus Ba�d ofD'vettors r�am� Treacurer Bazbara PaPPe� �.�� c,.�n v;re c�,� Rev. Darryl Speace VlanaeS Vlelendez, dr. Community Lnprovement Md Safety �rne,� cr�m�n� `Ieighborhaod Devdopment Vfary Gardner ou��n Steve Wavon, Hallie Q. Brown Jalia Craz s�e u w�a a� srea a� oaa IInive[sity Wi ITED sta.ff Ezecutive DireRor James J. �1cDonough Jr., PhD. Cooummity Cr"nne Pmention Caordinstor Tatiana Petefiih orstt �� 1� no.ae St. Paul Department Planning & Economic Development ATTN: Cynthia Cazlson Heins & Stephanie Hawkinson (`i+c� Aall � nnPV _ 1 d� Flnnr � 25 West Fourth Street St. Paul, MN 55102 RE: Dayton & Dale Site — 207 North Dale Street Deaz Ms Heins and Ms Hawkinson; � On November 19, 2002, District 8— Summit-Universiry Planning Council held �. iYs Neighborhood Development Committee meeting where proposals were presented by the three developers (Wall Companies, St. Paul Development Corporation and TimberCraft Homes) interested in developing the above referenced site were considered. Based on a majority ballot vote, the- St. Paul Development Corporation's proposal was the selected developer. We look forward to working with the developer and the Ciry to make this project a reality. Sincerely, L � �% ��G[.s Theresa Cunningham, Chair Neighborhood Development Committee cc: District 8— SUPC Board of Directors Council Member Jerry Blakey � � � � v �-�� Summit University Planning Council Building a Better Community 627 Selby Avenue St. Paul, MN 55104 P6one:651-228-1855 Fu: 65 1-225 1 1 0 8 dis[ri�cistoauLmn.us � Board orD'veaors Presiden[ Gaa Gnhvn Tmrsurer Barbara Pappenfiu ��n� [Car I:nucvan dice Chair Rev. I}arryl Spence �tanuel Vlelendez, Jr. CommuniTy Lnprovement And Safety Theresn Cwutingham Yeighborhood Development bfary Gurdner Outresch Steve \P�Lson, Hallie Q. Brown Julia Cnu Snmmi[ U Weed & Seed x�-, oaa L'nirersity tiNITED sraJJ E:ecutice Director James J. hlcDonough Jc, PhD. Community Cmne Prevention coordimtor TaHana Pete6sh OtIIce lianager Jean Doy1e November 21, 2002 City of St. Paul — Board of Zoning Appeals � Office of License, Inspections & Environmental Protection ATTN: Roger C. Curtis, Director Lowry Professional Building 350 St_ Peter Street, Suite 3�0 St. Paul, MN 55102-1510 FAX: 651-266-9124 Re: Two variances in order to construct a new mixed use building with commercial space on the first floor, 40 apartments units and underground parking. ?, Major Variance ApplicaHon — 75� Selby Avenue —A variance of the maximum height requirement. A heigh�,of 30 feet is allowed and a height of 33 feet is proposed, for a variance of 3 feet. Major Variance Application — 75� Selby Avenue - A separation variance from residential property for the Grotto Street driveway. A separation of 25 feet is required and a separation oE 3 feet is proposed, for a variance of 22 feet. Dear Mr. Curtis; On November 19, 2002, District 8— Summit-University Plannin� Council held iYs Neighborhood Development Committee meeting where the above referenced Major Variance requests were reviewed and considered. The Committee, on a majority vote moved to reject both variance requests. A motion was approved to request that the St Paul PED closing with the devetoper on the Grotto & Selby property should be postponed until the SUPC has had the opportunity to review and agzee on what should be done with the historic building located on the site. If you have any additional questions, please feel free to contact me at 651.228_9536. Sincerely, 7 � ��`� ��dl � � Theresa Cunningham, Chair Neighborhood Development Committee cc: Dishtict 8— SUPC Board of D'vectors ( Council Member Jerry Blakey j MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS CITY COUNCIL CHAMBERS, 330 CITY HALL � ST. PAUL, MINNESOTA, NOVEMBER 25, 2002 Laid over from 11/12/02 PRESENT: Mmes. Maddox, and Morton; Messrs. Courtney, Duckstad, Faricy, and Wilson of the Board of Zoning Appeals; Mr. Wamer, Assistant City Attomey; Mr. Hawkins and Ms. Crippen of the Office of License, Inspections, and Environmental Protecrion. ABSENT: Gregory Kleindl* *Excused The meeting was chaired by Joyce Maddox, Chair. Legacv Manaeement & Development Coro (#02-2332501 741 - 767 Selbv Avenue• --T-wo varianee�i�-oFder to-eons�uct �new-mixed use building wit}rcommercial space on ttcefasrftoor, 38 aparhnents above and under ground parking. 1.) A variance of the maximum height requirement. A height of 30 feet is allowed and a height of 35 feet is proposed, for a variance of 5 feet. 2.) A sepazation variance from residential property for the Grotto Street driveway. A separarion of 25 feet is required and a separation of 3 feet is proposed, for a variance of 22 feet. Mr. Hawkins showed slidees of the site and reviewed the staff report with a recommendation for approval, subject to the condition that all of the subject lots are combined as a single parcel under one property identification number. Four letters were received supporting the variance request. No correspondence was received from District 8 regarding the variance request. The applicant Stacey Millett, SELBY AREA COIv�IUNITY DEVELOPMENT, 626 Selby Avenue, Ste C, and Mike Krych, Architect with LEGACY MAlVAGEMENT & DEVELOPMENT CORP., 7151 York Avenue South, Edina, were present. Ms. Millett stated that there was a subcommittee meeting in the neighborhood on the 19 of November on the variance issue and a public vote was taken aithough she did not lmow the final count. She remarked that other issues were also discussed along with the variance discussion. Mr. Courtney questioned whether the vote was negative. Ms. Millett remazked that it was negative and specificaily that a couple of people stated that they had reasons to deny the request that had nothing to do with the variance requests. Mr. Courtney quesrioned what those concems were. Ms. Millett stated that the existing building is now going to be razed. There was concem about the historic nature and character of the building. However, they had checked and the building does not contribute nor is it designated in the historic preservation language. Mr. Faricy questioned where the garage would be placed. Mr. Krych stated that there is a 4-stall garage will be built on the northeast comer of the site to replace the two existing garages that currently occupy the site and will be used by one of the adjacent neighbors. Mr. Faricy and Mr. Krych discussed the location of the entrance drive for the site and the requested 22-foot sepazarion variance. AA-ADA-EEO Employer � � �� File #02-233250 � Minutes 11/25/2002 Page Two o� -�� Peter Carlson, 482 Dayton Avenue, stated his supported of the variances. He noted that if the curb cut was not allowed on Grotto Street the driveway could be brought in from Selby Avenue but it would disrupt the community gazdens on that side of the property. It would not be in the best interests of the neighborhood to place the driveway cut on Selby Avenue. Carl Nelson, 564 Selby Avenue, remarked that he worked on the Selby Avenue Small Area Plan. He stated that he is in favor of the variances. Chazles Sinclair, 384 Laurel Avenue and business owner at 400 Selby Avenue, stated his support of the project. Ae noted that the requested variances are very minor. There was opposition present at the hearing. Mr. Jay Adler, 816 Hague Avenue #2, noted that he was at the meeting on the 19, about 100 people showed up and 95% were against the project. He submitted copies of the Grand Gazette with an article about the Selby Avenue Project. This project has changed since it was presented to District 8 and it needs to return to the district for complete approval. Mr. Courtney noted that the Board is only concerned about the two variances requested by the applicant and requested that Mr. Adler speak specifically to the variances. Mr. Adler stated that the reason there is • no letter from District 8, is because the dishict cannot give approval. Mr. Courtney questioned why there was not a letter against the project then. Mr. Adler replied that there should be a letter against the project. The neighbors had requested that District 8 puil its support of the project on Tuesday, November 19, during the district meeting. Kay Landrum, 756 Dayton Avenue, requested that the third slide showing her building be shown to the Board. She explained that the trees shown in the slide aze directly behind her garage. The neighbors have not been notified of ineetings being held about the project. She felt that the building could be built smaller and that would be a reasonable use of the property. Building it higher will be a problem for the neighbors, and there will be a lot more people with 40-units. If only three people occupy each unit that is well more than 100 residents right at the back door of her property. The many comings and goings of the residents of this building will affect her property and the character of the community. She thinks that the driveway variance will cause safety issues. Lisa Filing, 756 Dayton Avenue, stated that the original agreement with Legacy Management was based on their commitment to utilize the building on the corner. Their not using that building and stating at a much later date that the building is not viable to be repaired has shown that there is not a working relationship between the neighbors and Legacy Management or the Selby Avenue Community Development. There has been no commitment to work with the residents in the last few meetings and the impression that has been given is that the building will go up. These variances are probably just the beginning of many variances to come based on the inconsistent messages that have been sent since the beginning of the project. The crime rate is not down and the residents in her building have called the police twice this year. The finish of hardy plank is not consistent with other buildings in the area. When � the neighbors requested brick, they were told that it would be too expensive. AA-ADA-EEO Employer �� File #02-233250 Minutes 11/25/2002 Page Three The azchitectural design right now is beautiful but she doubts the building will end up looldng like it is depicted. Neither the Selby Avenue Community Development nor Legacy Management has alleviated her concems. She feels that these concerns do affect the two variances. Mr. Courtney quesrioned where Ms. Landrum and Ms. Filing tive in relafion to the proposed site. Ms. Filing stated that they live behind the site and her deck is 15 feet from where the building will be built. Mr. Courtney questioned why the project is not consistent with the health, safety, morals and comfort of the residents of the City of Saint Paul. Ms. Lundrum stated that she is the one that menrioned the project affecting their comfort directly, as well as that of the rest of the neighborhood as they were never in favor of tearing down the building. She remarked that their concems are not being heard. Mr. Courtney requested that Mr. Hawkins explain the separation variance req uirem ent and the reason for --- — — -- - --- it. 1vIr. HawIdns explairied tfiat wfien a usiness di§h (B-3), abuts a residential property, it limits the access to that business property to a 25-foot setback from the residential properry line. Mr. Courfney quesrioned whether that was for safety reasons. Mr. Hawkins replied that is correct. � Ms. Maddox questioned whether the applicant had a demolition permit for the building. Ms. Millett replied that nq they did not because they are still working through the process at this rime. She remazked that there are always different concems that come up during projects like this. Yes there was a committee meeting on the variance issues and there were other items on the agenda as well. She did not lmow how many people attended but, the nay's were louder than the yea's. . Ms. Maddox noted that the Board often places conditions on trees, she asked that Ms. Millett comment on that issue. Ms. Millett stated that her understanding of the issue is that they cerbally indicated without a frrm commitment to Iook at the tree issue when they got to the conshuction. Mr. Krych stated that three of the trees in the slide are box elder trees and are on the property line, the fourth one is on a neighbor's property. His meeting with the neighbors looked at the trees to see if there was anything that could be done once they got to the conshuction. One of the ordinance requirements is that if there is a parking lot behind the building there must be a 6-foot privacy fence located between their property and the adjacent residential properties along the entire north side of the property. He noted that the trees are technically where the privacy fence needs to be placed but they will hy to place the fence so the trees can be saved. He explained that the lighring for the pazldng lot will be deflected so that light does not spill over into neighboring lots. Ms. Morton questioned Mr. Hawldns whether the issue discussed by Mr. Krych would be taken care of during the site plan re�iew process and quesrioned whether a preliminary site plan review had been done. Mr. Hawkins replied that he did not lmow. Mr. Krych stated that he had met with Mr. Beach and there has been a preliminary site plan review. Mr. Wilson questioned whaY part of the plans had changed since the Boazd's hearing on November 12, 2002. Ms. Millett stated that nothing changed, the layover was requested so the Community Issues Committee could hold their scheduled meering on the issue. She explained that the Selby Area Community Development has sponsored meetings about the project in addition to the meetings held by the District Council. � AA-ADA-EEO Employer 1 � � � • File #0233250 Minutes 11/25/2002 Page Four �� She noted that in September, as soon as they laiew that the building would need to be taken down, the information was placed on their web site in an effort to keep people informed. She noted that they had also placed the information in one of the local area papers. Mr. Wilson questioned which paper the information was placed in. Ms. Millett stated that she would have to withdraw that statement, the information was placed in one of the local area papers but she did not remember which one it was placed in and would have to verify where it ran. Mr. Wilson quesrioned the October 9 meeting where there was discussion with the neighbors about the brick and stucco exterior. He questioned whether the statement in the Grand Gazette that a higher quality of siding would be used on the north and west of the building, came from the October meeting. Ms. Millett replied that after October 9 they la�ew that the City and the neighbors were concerned with the vinyl they planned to use on the back of the building. Once this was made cleaz to them they decided to put in hardy plank on the back of the building, and bay windows to add some character to the building. She noted that there is brick on the whole Grotto side of the building. Mr. Krych remarked that several issues were brought up at the October 9 meeting. The material used on the back of the building was upgraded to hardy plank that is a cement forced siding, but looks like a wood lathe siding that is consistent in the area. The building was also raised up about two feet to provide more security for the residents. Concem was shown about the amount of retail on the front of the building so some of it was shifted to the Crrotto side of the building. Mr. Wilson questioned whether there had been a meeting with the community since the layover of the case on November 12. Ms. Millett explained the time line of the meetings held to discuss the project. The October 9 meeting was held by Selby Area Community Development to notify members of the community about changes in the project and the changes Mr. Krych just described came out of that meeting. When we appeared here on November 12 and requested the layover it was so the variance request could be presented to the District 8 Planning Council. Hearing no further testimony, Ms. Maddox closed the public portion of the meeting. Ms. Morton moved to approve the variance and resolution based on findings 1 through 6, subject to the condition that all of the subject lots are combined as a single parcel under one property identification number. Mr. Wilson noted that all the Board can consider at this time are the variances for height and the driveway, all other issues need to be addressed with site plan review or with an appeal of the Boards decision. Ms. Maddox replied that is correct. Mr. Courtney seconded the motion, which passed on a roll call vote of 6-0. Submitted by: John Hardwick Approved by: Jon Duckstad, Secretary AA-ADA-EEO Employer �� d� �—� ,3 t3=��:;� � Barbara Guth 764 Dayton Avenue/2 � Saint Paul, NIN 55104 December 5, 2002 To whom it may concern: I write this in support of the appeal filed with City Council requesHng that the variances for the propased project on Selby Avenue between Avon and Grotto be denied and that a more appropriate and beneficial project be conceived. This project seemed in the beginning, like a pretty good idea. Retail with some rental. However, I was very disturbed to learn that this project has only 3,900 square feet devoted to - refaiCanrTwll cram 40 res�denhaTunits onto this��an 8°�o�et��iyTie considered — "mixed-use"? More density is not what this block needs. I know quite well because I live directiv behind provosed uroiect on Davton Avenue and will be one of four owner-occupants forfeiting the driveway to our gazages which one enters from Selby to this project. I believe the majority of owners in my condominium are still leaning towazd aa eeing to give our property in exchange for new gazages and access through the pazking lot to this building from Grotto. None of us have been give a firm proposal for how this will be accomplished however and I'm not sure why this impoRant detail is being left to the last. • I will make an effort to sway my neighbors to rethink their stand on this project and the role we play. If you want to change this area around, bring decent, larger scale retail projects (a book store, an African fine arts gallery, ethnic restaurants) or library or community theatre to this critical space. Do not increase the density of this block. Increase retail traffic and revenue and you will improve the overall image. Bring in amenities useful to the already densely populated, wonderfully diverse area. Affordable housing is necessary but needs to be put where quality of life won't be damaged for all concemed. If you can make this part of Selby successful you will have accomplished what many have tried to do for more than a decade. If you can't make it successful, please at least don't allow this project to make it worse. Residents will suffer, current retailers will suffer and the city and this administration will have missed a great opportunity to make Selby a success story. Thank you for your time and any consideration you may lend. Sincerely, Bazbara Guth • -1� o�� tel: 651-290-2894 email: home: bgtw@black-hole.com/ bus: bazbara.guth@westgoup.com � u • L�� • OFFICE OF LICENSE, INSPECTIONS AND ENVIl20NMENTAL PROTEC"CION Roger C Cunu, Direclor CITY OF SAINT PAUL Randy C. Kelly, Mayor ��, i�',�a _'+��. � 43 LOWRYPROFESSlONAL BUILDING Telephone: 65I-266-9090 350 St. Peter Street, Suite 300 Facsimi(e: 651-266-9124 Saint Paul, Minneso[a S.i102-ISlO Web: www.cistpaul.mn.us/liep V J V � � � December 13, 2002 To: Nancy Anderson, Council Reseazch Office From: John Hazdwick LIEPBZA RE: Additional information for Appeal #02-243660 for the December 18, 2002 City Council hearing. AA-ADA-EEO Employer DEC-11-02 02:46 PM MZSSISSZPPI�MARKET %.� � : �`••�. `i�: ,� .. '�'; y.;, : �,. ��i;::;j ':�'�. T � .�,; ;'', •�711: M `�" �7��T��T y� :{r}. ..�;�;': � .�. .4��4'li..l'�i�' l:• ��. .� i:Z' ... �;P.�;:A-�1'NT�T ( �":(�"i''�=TT�i�:r< ;...- : `' .. , . :.:. � .''e.• ''i. �t: .� ' � .�:.. . : i� ,, � 'r.�F',r-'. .. �.r . r 1 L J � , . luhn Hardwick Zonin�+ Specialist OCf ce of LIEP Ciry of St. Paul 350 St. Peier Street, Suite 340 St. P�aul, MN 55102•1510 Dccember 11, 2002,2002 Dear Mr. l iardwiek, �� a'4i. 1. .J�,:. ..!' .. . .� ... 651e109498 :'��i�l^��_ ,�:'i� �•� • ::: • ;-,<<,;,:. . • �: r.:�::• ;.< Y`•f7'�,�a:• r,,.�. -' a �•�� : � � •l t ' . .� p" ... • .. .. . ':.�.�� .. �:•, ;.:. h. ,.. 't: r� �/ b .� _l'�`I [ am wri[ing as a fotlow up to our conversation on Deccmbcr 10, regarding the Couneil's posi[ion on the variances that were approved for the 755 Selby Ave, project. A DecembeY 5` leaer fram your of(iee to Ms. Nanay Anderson indicates that DisVict recommended denial of the variances. The lettec you reccived hom our Neighborhood Development Commiaee is warded poorly. The Comminae, whieh is comprised of dire�tors, did not actually vote on the variances. Ac [he neighborhood meetiag onlled by the committee, community members present voted against the variances. The Dishict Couneil is working to clorit� iu Praess on using the information provided by cammunity mectings to avoid misunderstandings in the future. ] am including our Novembcr 26 board minatcs, which includc thc mimites from the November 19'" community mceting. At a subsequcnt meeting of the SUPC District S Bonrd, e community member asked that Dis4ict 8 eppeal the approvat of the vnriances. The Board chose not to make a motion to appeal the variances, lnstead, we directed a sub�ommitten co prepare a position paper for thr Board. The position paper was cireulated amongst directors last week, and at our Executive Committee meeting on December 10'" we forn�ally approved the position pap¢r. 1 am ineluding this paper for yow review. Tlia paper daes not syeak directly to the variance, however in it we have canFirmed our continuin� support for the project. Respectfully� O Gaii Grah3tD Bottrd Chnir Summit Universiry P�nnning Couneil DEC-11-2002 SS�EO 6513109498 96i P_01 ,� • a;, • •'; r :;', :r; . ti � �, : i � ; %' :�:�%':: 7 ...5:.. �''':,��. P.01 DEC-11-02 02:47 PM MISSISSIPPIiMARKET 651e109498 P.02 SUPC Baard Meeting IVovember 26, Itl02 Minutes 1. Calituorder. 7;05 2. Roll Celi Gaif Graham, Rev. Darryl Spence, Barbara Pappenfus, Kay Knutson, Theresa Cunningham, Teresa Fountain, Manuel Metendz� ]r, Mary Gardner, Matthew p. Downs, Carl Nelson, Cary Rembett, R. Scott Wright, Steve Wilson, David Stewurt, peorge Garcla Jr. Ahsent: Barbara Crum, Hurry Odu,luliet Grahant Wiley, Kathy Wtlson, Julia Cruz SmJj: Jim McDmiough Tutiana Petefish J. ApprovalofAgenda 4. approval of Minu�es ]0/22l1002 Meeti�g S. Nelghborhood Dcrciopment Cvmmlttee "Community Issucs^ hlinutes trom thc Nov. 19, 2002 Nelgliborhuod Community Issue McetinQ Chaie 7'_heresa Cunningham __ __ ______ _ _ _ _ _ Chairperson Thcresa Cunninghom wlled the meet[ng to order at 6:00 p.m. and geve thc agenda for the evening. lisue one: Two variunees for tlm Selby/Grotto project. Siacey Millett of CDC gnve a short overview of the lwo variances. Discus.cion: Chris Yerka brought the zoning eode variances section for ehe city of St. Paul to the meeting. Na�hanicl K. rsised conccros about the low- income pooplc living in the ama and thut this project is an opponunity for the communiry ro rise to the top. Kuy L,, opposed tht building project In [he heighl of 36' because of the residence whe already live in the neighborhaod and now they would be looking into a bedroum. Several members of �he communiry are upset of ehe demolishing of the building end feel they were cold ane projeet would happen and now che projec� looks completcl} d�fferenc from whxt they wcre to(d it was going to bc I 8 monrhs ago. Motion: To request that the St Paul PE� closing on the Groao & Selby properry should be postponed until [he SUPC has had Qte opponuniry to ceview and agree on what should be done with the hisroric building. Sccunded by Dethany Glodhill and mo[ion passed. A]iziblit v�riance from 30 feet to 33 feet. "fhis wou(d help the residence on the first floor with light[ng from the s�eet into their apanments. A fiill description on this variance is svailable at the Summit University Plartning Council OfFce. Michael Koop brought a motion tu pASS [his variance to �he community. Motion failed. B. Driveway variance ftom 2S feet to 22 feei. This would lieip ehe Grouo side access to underground pazking for �he residence. A full duscription on this vnriance is available at the Suminit University P(anning Council Office. Stuart Goldberg brought a motion to pass this v�riance to the eommunity. Motion failed. Issue twi�: Presentations from the developers of the DaytoNDnle P� oject. The developer's fufl proposals are ava�Iable ac the Swnmit Universiry Plvnning Council Of(ice, Developers were nnch giv¢n ten minutes ro go ove� their proposuls and then answer ques[ions from the community. The developers were - Thc Wall Company, The St. Paul Davetopment Company end Tlmbercraft Homes. Discussion and quest(one from the community were very sim ilar for al) thrce devctopere. I. pid che develuper hnve any ties to the community? i.e. Live or work here. ?. Haw [hey wcre going to address the environmenWl concents far residential living? 3. Did thcy have affurd��ble housing induded in their pians7 4. Was thcir project going to bt Cunded privacely or publiely� 5. What kind of parking was gaing to be availuble and how many spots were allotted per unit^ 6. Did ihzy require any varipnccs in thcir plans? The W all Compzny l.Thcir environmental cons�ltant lived in the neighborhood otherwise no tits. ?. They himd an environmental coneultant to address this issue. � � �..J DEC-11-2002 15�00 6513109498 96i p_@2 � DEC-31-02 02:47 PM MISSISSIPPIiMARKET 3.2 units wouid be et 80%of the median incame ofthe me[ro area. 4. Privately 5. Undcrground — 2 spots pet unit 6.One minor one for fiont porches. Thc St. Puul Developmen[ Company I. Yey they lived in [he area and had businesses in the sren also. 2. Assumod if tl�e eity of St. Paul said thr land was c(can then it was. 3. Did noi know at this time. 4.l'rivettly 5. I;: spots per unit 6.No. Tim6orcraft Homes I.In New Bdghton. 2. Fiircd a compnny to take care of it. 3. t unit wuuld be at 80% of the median ineome oFthe mctro area. 4. Prioately 5. t b; spots per unit 6. No, P.0'e 6� -��q A votc was taken by the coinmunity. Wall Compnny— 9, St. Paul Devclopment Company —78 and Timbercraft tlomes — 1 �. � A motion w�s brought to suppon Q�e S�. Paul Development Compuny. WHGREAS ih� Saint Paul Development Corporetion (SPpC) is locelly owned and opereted, and 1YF{ERF.A$ the SPDC project uses local contracturs nnd nrohitects, and k'HEREAS thc SPDC embraces the eammunicy values for devalopmrnt at �his sitr as staied by che communiry ehrough the Summit University Planning Council (SUPC), and 4�'HF,REAS �he SPDC has successfully completed a large projat within the communiry. and R'HGR[AS tht community has reviewed and evaluated tlte three proposals for thc development si[e et Dayton Avenue and Dale Street, HE IT RL:SOLVED THAT thc communiry, at this SUPC Conununiry Issues meeting, suppons che Salnt Paul Dcvclopment Corporatiun's proposa! for development of a multi-uni�, 4-story rcsidential building on [he NW corner of Daytun and Dele and supports the SPDC for tentative developer status for the site for a period of 6 months, with menffily progress reports submitted bnck to !hc Planning Cauncil and wi�h major changes to comz back to the community for a Community Issues meeting. Muved by Chris Yarkes Secmided by 8ahuny GlndhiU Passed November I9, 2003 Mceting wss adjoumed at 6:00 p.m. Submftted by: Barb Pappenfus" Comminae mainbcrs stated that the meeting was heeted: residents presrnc rejected both variances for Selby Groao project. For the Dayton Da(e project Juhn McCarty w d/b/e St. Pau! Development Corporation wu srlected ro be tha dzveloper of the siie. i'he new si�nage alerting community lo new project announcemcnts is very good. Theresa also wants to put together a elock Club list of namcs and phone num6ers to shrt a Calling Tree for future communication regerding oommuniry meclin�s 'fhe Hoard discussed the necd for affurdable housing in our district. The Selby Grotto proJect at 74I•743 has mixel inenme hnn<ing, wi�h eommarcial devclopmem on the ntdiu (evn(. C � J DEC-11-2002 15�00 6513109498 96i 6513109498 P.03 DEC-11-02 02:48 PM MISSISSIPPI�MRRKET 651e109498 P.04 Ac 74I and 743 Selby there arc concems of density of �he 2 propenias. The City did not close on the sale of [his building. The developers, Selby Avenue CDC/Legacy Manngoment & Duvelopment sta�e that this building is too "sick" to renovate. Carl Nelson is going t0 trace the source documents on what has occurred fiere. Theresa C.unningham, George Ga�cia, Dave Peterson (new boaid member}, and Carl Nelson will meet to prepare a � position pnper the witl define retevant facts pertaining to che Planning Council and neighborhoods Input un seleciing a devcloper for �hc site: qte position paper should cleerly layout the source of all documentation; Envirumental / Historic. Ic was dacided that the document will 6e given it �o the community infonning them of ehe Planning Council Board of Dirzcmr's position and reeommendacion on how we procecd with this pmject. Carl Nelson wil( draR the documeni and forward tu'iherese Cunnin�ham, who will forwnrd to �he rcmaining board menibers. George will email other Realtors in thc area. 5. Treasurer/FlnancialReport. Incame from St P:wl Grant wes received f 2/200I and recorcdrd in 2001 however used in 2003 so the negative showing really is not a negative. We are on a reimbursement systein so wc spend first and then ask for relmburscment from the Ciq-. Jlm Mcnonough is doing a compfetc analysis of budget in 2002 and we wit! go over in depth in lsnuary. . Odircach / CnmmunicxHons Report. - -- - - Rumscy Hi11 is awniro of ell of our changzs and everything we art doing. Mery Gardner wants ideas for the Frant Porch newslecter. Mary is stepping down as ouireach chair atler our March meeting. She feels we need someone mora eomputer literate as chair. A1se, she wilt once again be asking for e leave for thc summ�r montl�s. Mary will complete January obligatiuns vnd would like to train hcr replacement by Marcli mecting. 7. Crtme Prcvention Coardlnatur Updatc Report 11/ZOi02 'ia[iana Petcfish During �his, my first month buck es the Crime Prevention Coordinntor, wus a busy one My first task was in assisting ttw Director in planrting and implementing a politicat candidates forum in conjunetion with Children. Families and Cemmunity Initiative, and � DisfiiCt ?, 1'he fcedback we have receivcd from tlie community as wetl as the candidotes is thac tl�e forwn was a tremendous success. UnCoitunatefy, che sod passing of Senator Paul Wellstone, and al! those who perished wiih them overshadowed the succzss of the event. Nevrnheless, many beneficial networking relationships evolvad Gom that event. First, ic served as an oppartunity to eontact thc hlock clubs. All of [he black club leaders received a letter from me annouitcing both tl�e event and my retum. Seeondly, the Ramscy Coumy Sheriffs Department approachcd mc about thz �ype afservices they cen oCfer us et the naighborhood Ievel, e:pecially youth- retated services. A nueting was schcduled wilh Chris Reiter from Sheriff Fletchc�'s offia and the somc of our bonrd numbcrs, and uther community members who have expressed concern nnd (nterest in youc6 issues. Chris had iu csncel, but w•ill be rz;clmduling thc meeting in thc near futurc. Spoke with Sgt. Connic �enncc, who works witli young fem�les in fiRh and sixth grades at Maxfield elemencary school. This is through the Police A[hletic League and is talled the "Dara Drcomers" team. The team is scheduled through Parks nnd Rtc. to play on December 7 And 14'�`. Sgc. pennet wifl be attending the Community fmprovement and Sefery Committee mcetiny on Fridny e.ening, Novam6cr 22"'�. 1'aikrd for a while �vith Sgt Bennec a6out burglary pattems in che aroa, given the fact that she is the burglary investigaeor Fur this disttict.'I'his is part of my on �oin� monitori�tg oferime pateems in tho dishicf. Mer with Assisteni Chief Gardall concerning overall crime prevention eCfr�rts in [he district as well as tha possibiliry of a Clti2en Corp far emar�;ency preparedness in the dis�ricc. Therz w3s much diseussion regazding the ac[iviiies nt I69 N Milton. The City issued a license to Vos Store with 3 stipulations: I. Piek up l i�mr 2. [nntall e vidco eanmra }, Catl PuUce If esassive loi:erirtg, Manny Me:endez h�s mci wich the owner, Mr. ftaxsan v.ho has addcd aii exira trash can, 2 video camera's. Mr I lassan gavc Manny all the cigarettt slgrtoge from front • xindo.v�, afrer Manny W(d him that the neighbors didn't tike the messages they sent to the kids. Mr Etusan s�ated [har if hc ever v(olated li�ense •'WQ will close our stare down" He is really trying to kcep this seore safe Cor the ncighbozhood. Sceve Wilson DEC-12-2002 15:01 6513109498 9F�'. P.04 � DEC-31-02 02:48 PM MISSISSIPPIiMARKET 6510109498 P.05 stated tha� as long ns he runs a lawful busincss, he steys in business, if nat, he gets shut down. Wt egreed there was no need for SUPC involvement other than monitering the situation. ��_l�`J �. Execufive Director's Report. Administration / Staffin �' � Recruitod part-timc communiry organizer ro assist with communiry notification process and event arganizin�; Y Recruiced and established wnsultant agrecmen� with computcr iech support es wetl ns registered wich Oasis Soluuons Inc. we6 cite hosting / maintenance Y F.�plored upgrade regarding copier �utd fax / scnnntr espa6ility �udnet / Fund Develonmenh D Submitted "Summit Jw:nh Corps" Proposal to Youth Szrvire Community Institmc y Denird by Snint Pa�d foundation �nd Ciry ofSnint Pauf COPP Otant � Initiuted Analysis of 2002 Mon�hly Receivables / Payable: > Preliminary prepnration of SUPC 2003 Bud�et Proera ms / Scre Ires; % Held Cammuniry Issucs Meeting — Neigliborhood Dcvelopment Committee — over 1 t0 citizens panicipated on Nooantber 19, 20U2 'r Communiry improvement and Sntery Committec Mneting held on Friday—November 22, 2002 i PreparAiion for I1ome Sncurity! Domestic Abuse seminar Colleboretions / Partncr�j,� : Continued explontion of comnumiry collaborativc penncrships — Summit Universiry Wced and Seed Program i Thr Civil Society / Dnle — University Development Team Summarv 1 Hlehllehte: ➢ Revicw and su6mission otSeptember / October 2002 rcimbursement involces to PED i Presentetion of !he "2002 CanJidutes Forum^ — co•sponsored hy Dislr(ct 7& 8, anJ CFCI • i Contii�ucd cullaboretion wlth University / Dulc Devel�pment Tcam i Attendance with Staff and Boxrd at Distrlat Councils' Annual Celebration on 11/Ol/2002 r Attendance at "Aetion Mcdln" markcting workshup and "Cross Cultural Hcallh Cooferente" Conlfnued uutrcnch and collaborallve ecplorntian otlnitlaU�es and etfurts tar improving and enhxnclnY tltc "yualtty of lifc ht [hc Summit-Unlversity commuNty It has been a husy ntonth involved in many events. Qoard mem6ers participating in events make a diffzrence. Our Collabcra�ion with Uis�ric[ 7 went well. There has been a lot of haofin� and rejuventntion of synergies! Elainc Jordon from District 7 is working w(th us 1 day a week. November 19 we had 1 l0 citizens a� uur neighborhood me�ting. We wurc over capacity at St Albans community meeting ut 675 Selby. We should find o[her poten[ial mceting centers. Michael Skinner was inrroduced as our new provider I'�r our computer support needs. H¢ has lived in our erea flnd in fact his Grandmother hns been a resident for over !00 years! Thank You Michael! S[ Paul Foundation rejected our grant tor Anti Racisim request. We will work with our collabzroton and Jim will funher investage their response. On Dac 14, 2002 s� 10.00 — 2:00 there wil I bc a Iloine Securiry/ Domestic Abuse Seminar for the communiry at �ha �tartin l.uther King cenrer for citizen awareness. �_J f}hzrcsci scat�d diat rc helped tremendously to have a minucr tuker at community meecings.Unless other arrangements ere made, the staCf'will du minu[es at tlie Neighborhood devclopment meetings. 8. Ammcnded Byiews Review nnd Appruvnl, Cari and Gail walkcd us �hraugh che proposed chengcs.Discussion ensued. We agreed that wewe still need to defina °Organizntion" as it pertains [o our arsanization memhers. The chan�es [o the committce structure was not epprovcd. 5ome uf �he Swnding Committees were removeJ. Tlw buard directed the Dylaws oommlttCe tu kecp •`Outrtach" as a cwnding cmnmiuce and mske "Election Committcd' ed hoc. Mocion wax made by Durryl Spence and seconded by Kay Knutson to accept Ar�icle I•7 as amended DEC-11-2002 15�02 6513109498 96i P.05 DEC-11-02 02:49 PM MISSISSIPPIiMRRKET 651e109498 P.06 Motion passed. Motion was made to acccpt changes for ARitic, 12• 16 by Darryl spence and saconded by Mary Gardner and passed. Bylaws committee will bring back a revised proposal for ar[icles 8-11. Furtltet discussion will take place at nect full Bonrd Mucting in January. 9. Open Furum / Announcements / Upcomin¢ evcn��. Kay Knu[son announccd with so much travet on her newjob, she can not give and physically does not have the time she needs to temain as Secretary on Bonrd. She will resign aRer tha lunuury 28, 2003 Board Meeting. Wo arc tooking for a replaccment for her 7'he Hoard r�gretfully acczpcs Kay's resignntion, nnd thanks her for tho great job she has been doing. Dave Petrrson presented a petition to serve us a t3oard Member. Darryl Spence moved that Dave be Seated, Kay Knutson seronAc� and motion passed. Biil Garr from University Unitcd was present. Harry Oda is on Univcrsity United Board represcnting SUPC. Mr. Garr asked to be an ahcrnate for University Unitad Board reprasenting SUPC. Gail Grahnm moved th¢t Bill Garr represenl SUPC as un iderrnate on UU Bourd. Darryl Spence scconded and motion passcd, barryl Spence ii�furmzd Bo¢rd that Chief Jim Griffin passed away. We recoynized his contributians to our communiry. (was somcone supposed to write a letter froin the board7) --- — -- u ic omment: 1ay steted the letter from SUPC Neigh6orhood Development Commitcce mgardin� 741/743 Selby project da[ed November 21, 2002 never made it to thc city. Theresa stated she Caxed it to !im and has record of the faz. !im faxtd it to tl�e City. Da�ryl Spence statad that he �vas [o be presen[ at that meeting however was held up ou� of town and never made it . Carl Neisun atrended as a eftizen. He stamd thac thc City Council was aware of [he community conccros. Ha reminds us that a number of years back ihz neighborhood did select CDC and Legecy to develap si�e. Naw chey state it eennot be renovatrd and is wn,idered a sick building end must be demolished: is that worthy enough ro stop developmen[? � We have a rcquest from a community member(Jay) to appeal vai iances that Zoning approved, conaary eo �he vote from the community residents present at the Neighborhood Development mee�ing. Scott Wright and a numbor ofother • directurs statcd ihey did nor know enough to support the a�peal and felt uncomfortable. The sentiment of the boarei was that µ•e just du not knnw wh9t our constituents would wanr. The board chose not to mak� a motion to appeal the variances. 1im McDOnough �tated that when you engage [he cominun;ty wiih envisioning, a pic[urz is se[ in their minds, The reality is �hat the building is moldy and dangcrous, and renovation appears to bz unfeasible. }{owever the communicq feels they wore hood winked, the vision was stepped on end no ene cares. The developecs are perceived as being non-caring, Darryl Spencc wen� on record �hat he opposas any waffiing on our posiilon We have supponed the projea from the beginning. tlr believes w�e indeed did know �he building was uninhabitabie. 10. AdJourn 9:10 • DEC-11-2002 15�02 65131094� 96i P_06 DEC-11-02 02:49 PM MISSZSSZPPI�MARKET 6510109498 SUMMIT-UNIVERS(TY YLANNING COUNCIL Position Paper Rebarding Devclopment of 74I -767 Selby Avenue � �NTE tT -THE SUMh�!'I' UNlVERS/TY COMMUNITY � The pcopic: P.07 ��-,��1 Summit-Universiry h:�s a divcrse (economic and raciaq popu�zition. That diversity is considered dcsirablc. E.g. Tlie Selby Avenue Small Area Plan, recommended by a task force of community mentbcrs and adopted by �hc St. Paul City Council on August 8, 1997, es an amendment to ihe Land U se Chnptzr efthe St. Yaut Comprehensive Plan, fismd ihc neighborhaod's "diverse population" as an assec. The housin�: "(ioud and affordeble housing s�ock" was also lisied as a neighborhood asset iu the Small Aren Plan.'I'hz Wildcr Rasaarch Center repuKed thae the 2000 Census nported 7,443 occupied hausing units in Distrlct S, an increasr of I f? o�cr ! 99U. Land u�c issues: Is,ues Ifsted in the Small Area Pian induded� Too tnany vacant business buiidines and lots. Poor appenrnnce oPbuildin�s and screecscnpe. Missins buildings in residential and business blocks. 741- 767 SF.L� AYENUE LanA usr chranolog,y; ��9� - 1'lie land was reaoned from D2 to B3 with the in�ent that Expo Graphics would 199J espand !'rom the south side of Seiby Avenue into a new building to be built on ehc nonh side of thc street. Two parccls were purchased by the city to providc lund for this use. One percel was 74I• 743 Sclby in which Shirley Fulford operuted a beaury shop Her business was relocated. Ms. Fufford curr¢mty operatcs her beauty shop on North Dale Strect the building to the west wns u duplex, which was elso bought 6y the ciry and moved.l'hr rcmaining properties were tax forfaited. A ditapidetcd house on one of thc properties was tom down. Financiny for the dcvelopment and for Gcpo Graphics busineas was noc secured and che business Cailed. 1997 N.R.A. reserved thc land for use by Penumbra 7heotre pending e decision by the Theatre Roatd of Directors reyvdmg espFmsion and relocation. The I3oard has since decided that any expansion and reloaation shoufd be to the south�vtst comer of Dale and Unrversity. ?001 - Murch. ?00 I, s requcst for proposals for development of the properlies was mnde 2003 A Droadlp repr¢scntative Working Group composed of sever:�l representatives Gom the Summit-Univrrsity Plannir.g Council along wi[h represencatioes of ihc othcr organizatio�u in the Setby Coahtion and inceres[ed nrigitborhood rrsidents was convcned and chaired by tht Sumntit•University Planning Council Chair David Singleton. � 'Thc W orking Grnup hrxinstonned development goals for thc sire and rankcd the following as ehc highest prioritics. DEC-11-2002 15�03 651310949B 96i P.07 ' The devclopment shoutd be attraetive and respect the community. •'fhc dcvelopma�t should include housing for n mix of income levels. ` The muire parcel-•up co thr Walker West site--shou[d he developed in an incegratnd way and in scale with � xurrounding residential use:. ' The development should include retail uses at the stre�t level with new businesses serving the nceds af ehe wholeneighburhuod. • Thr devclopmenc process should be eanmunity-based. • Thcro should be an emphasis on minoricyownad rMail. ' 1'hera shmild be sutticient parking for new and existing uses. l'he Working Group intzrviewed seven nPplicnnts who hod subittitted proposals For the si[e. Tentative devrloper stn�us for thc partnership of Selby Area CDC/Legacy Manflgement was recommended. The key strengths «eogniud in thr pruposal from this partnership were eha[ it: (1) develaps the en[ire site in sn intcgrated_wny iqscale wtth the_ sGrroun8ing nc�gfiboi�d. (2) provides housing for e mix of income levels, (3) provides for retail uses a� the streec levcl, (4) respcc�s a communitybased development process, and (5) is at[ractive and respecis tlie community. June 36?001, the recommendation was supported by the Sutnmit-University Council Board of Directors at their montlily meeeing. 7uly l t,?001, The St. Pnul Housing and Redavelopment Awhority gave Tentative Devetoper Stams to tha S9CDGl.a��fet• Management parinership. L J Letters of support for ihe project nnd (or a STAR gran� were given by the Sumnut•University Pl�nning Council, the Sel�y Cosli�ion, and the Ramsey Hill Assaciation. During the development process the Se(by Area Community Development Corporation, which is governed by a cummunity hoarJ, kep[ die larger Summ(t•University community informed with letters (with assistance from Cuunci! Mrnthcr 9Likc(y to do malling to S00 residents witbin a two block rndius of the developmenq, nva community mee�inbs (Navember l3?001, and Octobet 9,20U2), and posiings on [he Selby Area CDC websitc and updates in the Sefby Cammuni�y News. Prescrvation oCtlte 7Jt•7�3 Sciby Avenue building: lmplici� in [he intent to provide the site For development by Expo Graphics and, lattr, for use by Penumbra Theatre was she usswnptfun ihat the buiiding H�ould be tom down '1 he Pact Shect proparcd by PED for du 2001 request (br proposals states that "neither [he commundy organizstions nur the HRA hav¢ tnkcn a position on wlud�cr the building shoulJ bc reha6ilitate�i or dcmolished." The 6uilding dozs not meet criterie that would mquire it to be prescrved urder the National Preseitiatiort Act of 1966 or the Minnesota 1 hscotic Sitcs Act. T'he Avon Grultu Wurking Group did not include preservation ofthe building as a priority. It did �ake a faliback posit�on in �he evem rh�i the dusign;ued teniative devclopers wcrc wt ablc W"anungc fur dcvelopment of che mtire sim.° The fallback paaition � was to rofer thc mxucr back �� the Working Group w eonsider od�crpropouafs, which were limited �o develapmen� ofonly 7J t- 743 Sclb�. DEC-11-2002 15�03 6513109498 96i P.08 � DEC-11-02 02:50 PM MZSSISSIPPI�MARKET 6513109498 P_ 09 �� -��9 1'he Selb}� Area Commiini[y Devclopment Corporation/Lagacy Manngcinent partnership developed their plans eo rehabilitate �he budding and intrgrate i� in�o the devefopment of tl�e entiro parcel, In September 2002, when tha developers derermined that the ene� of doing sa was excessive, they changed the pfans for thr new building extending i[ to the east in order to devciop the entire parcel. Restdents of the ncigliborhood were informed of this changc by Iztter in Septembcr and imited �o an information mzeting which was heid Occober 9:002. Several residents obJected to the plan to demotish the existing building at 741-43 Selby, lt is thc . pusition of thc dr�etopers that the cost ofretaining, correning environmcnt problems, and rehabilita�ing the building is prohibitiva Other objections Croni residents accending the meeting dealt �vith build(ng materiats, window design, and plantings {trees) to scrzen thz propertirs to the rear of the development. The develepers have ngrzed to ev¢lu�te and act on these issucs. At �he Summit•university Comntunity lssues m�oting on Novembcr 14, 2003, to hear neibhhorhood comment on �wo vatiances rcquestcd for ihe developmen[, residents again expressed disagreemcne with the intent to demofish the building and indicated that q�ey wuuld lika the plannin� council m wiUidraw its suppon for the development S+u Plrmning Cr»mc!/ Poailia� It (s the finding of the Summit-University Planning Council tl�at: • 'I'hu dzvelopmeni plans of the Selby Aree Communiry 1)evelopmmt Corpora�ioNLegacy Munagament partncrship sntisfies thc high priority go11s for die site ostablislled by the Avon-Crotto Working Group bnd respunds to thz issues of tlie Selby Sinult Aree Plnn. • The propused mixed-incoma housing contributas to pre:;ervation of eronomic diversity in ihe Swnmit- Univcrsity community, an nsset desired by the community and the Summit-Univrrsiry Planning Couneil. � • The development partners hnve provided appropriatc and immcdiate notice �o ihc eommunity about thcir pinns. • There is no ntighborf�ood plun, city plan, stme requirement, or federal requirement �hat demands preservatiun ot741-743 SelUy Avenue. • The design �+uidelrnes of the Selby A venue Smafl Area Plan sho�dd guidc the physical design of the nmw building for the en[ire sitc. � ihenfore it is �hc position of the Summit-Univcrsiry Plann(ng Counci! that it reiterates [he support first passed by its Bonrd of Duec�ors on lune :G, 200 i, rccommcndin� ten�ative de�etoper scatus of the Se(by Area Community Developmcnt Cotp�ration! Legacy hianagement parmership for the entire sita of741 -767 Selby Avenue. DEC-11-2002 15:03 6513109498 SEi P.09 DEC-11-02 02:51 PM MISSISSIPPIiMARKET 651e109498 P.01 The Selby Aroa Commwiity pevelopment Corporation/Legacy Management partnership develope@ their plans to rehabilitate the 6uilding and inta�rate if into the development of the entire parcel. (n Septem6er 2002, when the devclopen determined that the c�si of doing so wes eacessive, they chunged the pians for the new building extending it to the east in order to develop the ent've parcel. � Residenu of �he n�ighbodiood wrre informed of this change by leuer in Septamber and invited to an inl'ormation meeting which Has held Octnber 9,��02. Several rcsidents objected to the plan to demolish the existing building at 741-43 Selby. It is �he pnsiiion of ihe devclopers thtit ehe cost of retaining, correcting environment problems, and rehabilita[ing the building is pmhibitive Ucher objections from residcnts attending thz mectin5 dealt with building materials, window design, and plsntings (troes) to screen thc propettits to thc rear nf the devclopment. Thc devclnpers liave agcccd to avalusre and act an these issues. At �he Summic-Univcrsity Communi�y Issues meeting on Novembcr 19, 20Q2, to hcar neighborliood commene un �wo variances r¢questrd Cur the devclopment, residents egain e�pressed disagrcement wiih ihe inrent [o demolish �he building and indieated that they woutd like thc planning council to wichdrnw iu suppart for die development. Suu�nile P![uiuing Councf/ Posilion It is the finding oFthc Summii-Univers'rty Planning Council thcct: � 'I'h� develapment plans of the Selby Arca Community Development Coryoration/Legacy Managcment p�nnnrship satisfics the hibh prioriry goAls for the site established by the Avon•GroIW Working Group nnd respands �o nc� issues of the Selby Small Area Plan. • The proposed mi�ed-income hous)n� contributzs to prtserration oCeconamic diversiry in the Summit- Univenity conimunity, on asset desired 6y tlit comtnuni!y and the $wnmit-University Blanning Countil. • i hc Jevelopmant pu�ners Bavc provided appropriatc end immediatz notice ro the communiry about � cheir plans. • 7'here is no neighborhood pinn, city plan, st�te rcyuircment, or fedcral requirement that Jemands prescrvatiun ol741 •�q3 Sel�y Avcnuc. • The design guidelinea oFtht Sciby A venue Small Area Plan should guide the physical design ofthe ncw building for the entire site. fh¢refor� it is thc position of [he Summir-University Planning Counci f ttuR it reiterates the suppott first passed by ila Doard oE [)irccwrs on Junc 26, 200 I, recommcnding ten[a[ivc deve(oper status of the Se[by Area Community Developinent Corporatioa+ Legacy Menngement pannership !'or the entire site of741 -767 Selby Avenuc. � . , DEC-11-2002 15�05 65131094� 9Gi P.01 , �_ t �� a� �Y i < � -� i ✓ I z �� : � s i � � � �� •-� < I p � ir � �� Z i � - i � i I i � � Z � N I [ � < 1 J � � � L �� Q �E I -� z 1 � � � � � � a � � � �9 %P �.A � �� o�-�� i ' ' � � - , `� �� _�� i I , �� {, � �- M'i �,I i � cr cr �, � ��!`� I ��'`;'� ;�°�°� �° p'� I� I a ;� i'� ��' c)o � h �- �- � � N ; ,� ' � a. a� `g � � � N � ��$ I (`� I cY, N�r � � t I ui � i � i i �9 � i � , � i �.� ; � i �', �ii ��i � Pi .�� ' �� ' � , � P i y ` � � ' �' C° ! �1; �� t,l°.; N� � ,� 3� � � t � i�`� I t �� ; ; u .., �� .� �, �; �r; �; ; ' � i d- ; � ' � �.,�� i i ! � ; ; ; i � � I ! � �i � ; ; : , � � < i ' � ! i � i � � i ' � j ' ; � I I I ` ; � ��S' I S o� �� 5 � v � � � � � � � i � � i 4 . 3 O r � �, ^� �J (� � �� I � L "" � � � a �. �, G- � � ��t, � � J `� � a� -t� � , � .� ��1 < �� ,� � � �� r ' � .��, � � � � �-' t C ? ` � �� ~ i � �� =� � ^� � �� -, < i ...� ,� i � � �� I ; � � i � � � - I � � � Z �� n � < y z � < � � b � � C7 g z< �z r�r,� � � � rn - � � � �P � � � ` �iI N �, IL! , �� 3� �; � rf I p� Z! � �� N {�'��`� s � �� i� a j�� I M ° ° � � � I �°' C�i s � �. t`�. 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