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03-609ORiGII�AL Council File # 03_ ( Resolution # 300 ��{ l Green Sheet # = - RESOLUTION 1 2 OF SAINT PAUL, MINNESOTA Presented By Referred To �9 Committee: Date Lot Split Approval for Rice Street Properties WHEREAS, Rice Street Properties, Zoning File # 03-268-426 has submitted for City Council approval the attached lot split for subdivision of property, with a variance of the requirement to plat previously unplatted land, at 801 Rice to create 2 lots to provide for transfer of property between existing owners; and 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WIIEREAS, the appropriate City departments have reviewed the lot split and found, subject to the recommended conditions, that it meets the requirements of Chapter 67 of the Zoning Code; and WIIEREAS, notice of a public hearing before the City Council was duly published in the official newspaper of the City and notices were mailed to each owner of affected property including all property situated within 350 feet of the subject properry; and WIIEREAS, the City Council held a public heazing on the proposed lot split on May 28,2003, where all interested parties were given the opporiunity to be heard and the Council considered all the facts and recommendations concerning the lot split; NOW, THEREFORE, BE IT RESOLVED, that the City Council accepts and approves the attached preliminary and final plat for Rice Street Properties at 801 Rice Street subject to the conditions (1) that the applicant shall file a copy of the Council Resolution approving the lot split and appropriate easements for a water main with the Ramsey County Recorder's Office, and (2) the parcel being split off and transferred to Xcel shall be attached to the adjacent Xcel parcel to the east and a new deed shall be presented to the County for recording. apprcved Request=_d by Dzpartmznt of: F13nn' & •conomic zelo ..sr y Approced by Financial S2rvices 3y: Fcr.r. Apprcve by A3opte3 by Cour,cil: Date �..� ° 1S � L1G)3 n —� '_� F3optior, APPLICATION FOR ZONING VARIANCE • �}}}� OFFICE OF LICENSE, INSPECTIONS, AND � ENYIRONMENTAL PROTECTION 350 St Peter Street, Suite 300 SaintPaul, MN55102-1510 266-9008 APPLICANT Rice Street Properties, LLC and Northern States Power Co., LLC Name d/b/a Xcel Energy e �� Address C/o Briggs and Morgan, 33�2 Minnesota Street, Suit � St. Paul MN 55101 Attn: Cynthia Baumann _Zip DaytimePhone 651-223-6452 Property interest of applicant (owner, contract purchaser, etc.) Owner/Purchaser Nameofowner('rfdifferent) Rice Street properties, LLC PROPERTY I Address/Location Corner of Larch Street and Galtier Street, St. Paul Legaldescription See attached (attach additional sheet if necessary) Lots¢e 21,463 sq. ft. � Proposed Use Present 2oning I-2 Present Use Industrial 1. Variance(s) requested: ( See attached Subdivision Review �pplication) Variance from Subdivision regulations under Code Section 67.703 (See attached) 2. Whffi 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 condi�ons, etc.) N/A 3. Explain how the strict application of the provisions of the Zoning Orqinance would resuft in pecuiiar or exceptional practical difficuities or exceptional undue hardships. N/A 4. F�cpiain 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. N/A (Attach add�tionai sheets if 7 CC� � ApplicanYs signature� CASHIERS USE ONLY : .. - . ... .. ... ms�� .� sm � a p E� g'. 6� g 'E� §` R s { €e S � Ye � �� $ S � 9 �_ e �� g � 3 E �� z � � �� _ � 4 � w ° 5a 3 � �� = € g: � s �� . �� c g g. � �� ' � ? g u � �. 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ANTH�NY 13.MERRIAM PK.-LEXIMGTON HAMLINE 14.GRdVELAND-MACALESTEFi 15.HIGHLAND. 1b.SUMMIT HILL 17.DOWNTbWN � • 0 3=Z6�-�r,.� CITIZEN PARTICIPATION PLANNIN6 DISTRICTS h�=✓(� -.� _ , � :=ij, � :=; S : `;,:: .•�� 1 � -- +- --� -- � �— i �:.:.....�_��_ �I_J� : _i f ,,._ =� !',..� -iC:�� E � �'� :.JL. � NORTH END � � %` � _. ��- �� ; - �' .��;;�; R�; - - ;:..j�� j J � �,:.� °;"— � :` .iJ�l i_� �'••;ti ;`�E� �ii; •� ,: � '_ = �'f�L�+i I��:�.; t.�(-I(~` �i � `�_ � 'ir� � ;��\•. 'i� �` - .��f ' � >- � ., !,� �J •. I � 5� .._ :; '' � ::, I�� " �� . ( �IL ia�l_. �� r � �i �, I� �' ' � �Y,,� - _- �`,. . -- :u�{ � �.��_ ---;; � f . . : : ; Ei �� I . . ��1��:_; . :; � - �__ __ � � `�'�� . ;---=�- . ��ii�;��:� � =_:-�� , t � ,�, .; `�....` ,�� _ l�7tl �:: `;C;j; : _;t �i ' --_-- �- �='•7:i ' ��- ;,' Ji �';}.�.:_:..�` e ^ ;'�j t�=°;'..u: ,�.��=,!�—=--_- � =•— — :<<�--t ,�.� 4 ;,.. K �, �T = � �F �, � _,: . €W W .,.. . —2L�.�.:��.. a.. _� . - �'F - nm �, -- � ;.. ..t' : Ctl�1� �T�� .'r > : ' 6r ��. _.-. �_, �.. : ! = =�.��<J�;-- ; : ; .;y, � � � _� �:A : t�'-= _� �;• �� I " •Ei: .'�-� �y�....:.' � !. ' �°'aC n.' � IS..�. J � i.: , : �. n.�. �•`�.�.'..?... { r � � ` —`�. �iE ' • ,�,,. ..._��fJ [I:F;3� . � ." �� ;��f�[��:�� ----- y1�, .� DISTRICT 6 �N =_-z� s� --- acui �� n�. � ��tl�� — _ � _�� 3 ! �� l �� -. �,.. �� _�._i F' � �S;'. .. b\�� ° •� �� taL� �� 5'� t_.. � - IL :`� ..:..... �i� -�� --� _� � 03-1�09 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartrnenHOffice/council: Date Initiated: pE Plaming&EconomicDevelopment 72JUN-03 Green Sheet NO: 3001441 Co�ct Person 8 Phone: Deoartraent SentTo Person � I�itiaWate Jcel Spoonheim � 0 lan in & onomi Dev o � Assign �1 lau' &EconomicDevelo De arhmentDirector Must Be on Council Agentla by (pate): Number 2 � ttom For RoUting 3 a or's Office Ma oNASSista t Orde� - 4 ooncil 5 i erk i Clerk Total # of Signature Pages _(Clip All Loeations for Signature) ' Action Requested: Adoption of lot split with variance resolution Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission �, Has this pewo�rm ever worked under a wnVact for this department? CIB Committee Yes No - Civil Service Commission 2. Has this person/firtn ever been a city employee? Yes No 3. Poes this personffirtn possess a skill not normally possessed by any curreot city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Adopt resolution to finalize council approbal of a lot split with variance of the requirement to plat previously uplatted land, at 801 Rice to create 21ots to provide for transfer of property between existing owners public heazing held 5/28/03). Advantaaes If Approved: Property will be rezoned and properry traded to create clear ownership lines. For yeazs the neig�bors have used each other's land and with no trade it and make ownership cleaz. No change in use is proposed. DisadvantaqeslfApproved: None Disadvantages If Not Approved: Properfy ownership will not reflect users, which could make fuhue development difficult. Total Amount of 0 Cost/Revenue Budgetetl: TransactiOn: Fundinp Source: Activity Number: � Financial I nformation: (ExpWin) .' � �-: �,. � ,� � � „ � � �� . � � � � �� . � � � � ,�. � � ' � � � � � � ,�� ` , � ' � ' _ �� ,. � � � �� ;�� . , . ,� _ _. _ _ _�_ __._ � � ._._ j Nancy Anderson - 03-268-426cchrgconfirm.wpd , Page 1; DEPARTMET7 OF PLANI.'ING & ECONONiIC DEVELOPMR.S MaKha G. Ful[er, Direcmr b� C� 3 -6�q CITY OF SAINT PAUL Randy C. Kelly, Mayor Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 1400 Ci(y Hall Annex 25WestFrourthStreet Telephone:612-266-6565 Saint Paul, MN 55702 Facsimile: 6tt-228-3314 Re: Zoning File # 03-268-430 Applicant: RICE STREET PROPERTIES City Council Hearing: May 28, 2003, 5:30 p.m., City Council Chambers Purpose: Lot split with a variance to create two industrial parcels. Staff Recommendation: approval Support: None Opposition: None District Council: no objections Dear Ms. Anderson: I am writing to confirm that this lot-split application is scheduled to be heard by the City Council on May 28, 2003. Sincerely, Joel Spoonheim City Planner 651.266.6614 cc: City Council members AA-ADA-EEO Employer - NOTICE OF PUBLIC AEARIPTG The Saint Paul City Council will �con- duct a public hearing on Wednesday, May 28, 2003, at 5:30 p.m. in the City Council Chambers, Third Floor,. City Hall-Courthouse, 15 West Kellogg Boulevazd; Saint Pa�ul, MN, to consider the�application for a lot split by Rice Street Prbperties with a variance to cre- ate two industrial parcels and to facili- tate a transfer of ownership and tie the parcels to the adjacent owners at SOl Rice Street - - Datedc Apri128, 2003 NANCY ANDERSON, Assistant City Council . (b1aY 15) - ' - --sc S1: PAIiL LEGAC IdSI1GSR --- 22064�SS OS ,Lo`i/ NOTICE OF PUBLIC HEARING The Saint Paul City Council will conduct a public hearing on Wednesday, May 28, 2003, at 5:30 p.m. in the City Council Chambers, Third Floor, City Hall- Courthouse, 15 West Kellogg Boulevard, Saint Paul, MN, to consider the application for a lot split by Rice Street Properties with a variance to create two industrial parcels and to facilitate a transfer of ownership and tie the parcels to the adjacent owners at 801 Rice Street. Dated: Apri128, 2003 Nancy Anderson Assistant City Council Secretary _. r� Nancy An'dereon - Public hearing notices. Page 1� f�� ,G'o`l From: Nancy Anderson To: Johnson, Lucille; Moore, Shari Date: 5/21/03 1:06PM Subject: Pubfic hearing notices. Shari/Lucille: Previously, I had the attached two public hearing notices published in the Legal Ledger. `�;=" : r`=:�� - �. =,�"�'t SqINT AUL � AAAA � DEPARTNEN'I' OF PLANN iNG & ECONOMIC DEVEIApMENT Mmth¢ G. Fuller, Director CITY OF SAINT �I7I, Rm`dy G Kelly , Mayor Ms. Nancy Anderson Secretary to the Ciry Council Room 310 City Hall Saint Paul, Minnesota 55102 1400 Gtiry Ha.�iA,nnez 25West Fmvde Streu Swit Pmd, MN55102 Re: Zoning File # 03-26%-430 Applicant: RTCE STREET PROPERTTES City Council Hearing: May 28, 2003, 530 p,m, City Council Chambers Purpose: Lot split with a variance to create two industrial pazcels. Staff Recommendation: Support: None Opposition: None District Council: no objections Deaz Ms. Anderson: approval O� -�° Telephone: 6I2-266-6565 Faca6rs�le: 61L228-3314 I am writing to confirm that this lof-split applicafion is scheduled to be heazd by the City Council on May 28, 2003. Sincerely, 7oe1 Spoonheim City Planner 651.266.6614 cc: City Council members AA-ADA-EEO Employer • O�-�` SUBDiVIS10N STAFF REPC?RT • FILE # 03-268-426 1. APPLICANT: Rice Street Properties HEARiNG DATE: 28 May 2003 2. 3. 4. ►�.J � 7'YPE OF APPLICATION: Subdivision Review -(Lot Splif w/ Variance) LOCATION: 801 Rice Street PIN AND LEGAL DESCRiPT10N: PIN #252923440002, See subdivision documents for existing and proposed legal descriptions. 5. PLANNING DISTRICT: 6 � 7 PRESENT ZONING: i-2 (I-1 pending approval) ZONING CODE REFERENCE: §67.301, §67.304, §67.406, §67.703 STAFF REPORT DATE: 8 May 2003 BY: Joel_Spoonheim 8. DATE RECEIVED: 3-4-03 DEADLINE FOR ACTION: 17 June 2003 A. PURPOSE: Subdivision by lot split to create two parcels, with a variance of the requirement to plat previously unplatted land. � � PARCEL SIZE: 21,436 sq. ft. (.5 acres) EXISTING LAND USE: Industrial uses D. SURROUNDING LAND USE: North: I-1 (Industrial) Xcel power East: I-2 (Industrial) Xcel South: I-2 (Industrial) West: {-2 (fndustrial) E. ZONING CODE CITATION: §67.301 states that platting is required when a subdivision (1) creates five or more lots or parcels each of which is 2'/2 acres or less in size, or (2) requires paved streets, alleys and other public improvements, or (3) is previously unplatted land. §67.304 lists conditions for lot splits and adjustments of common boundaries. §67.406 provides criteria for review of subdivision applications. These criteria are covered below under "Required Findings." §67.703 gives the City Council the authority to grant variances from the subdivision regulations and sets criteria for variances. F. HISTORYlDISCUSSION: none G. DISTRICT COUNCIL RECOMMENDATION: None received. H. FINDINGS: 1. Rice Street Properties and Xcel Energy have leased parcels from each other on adjacent land for years. In orderto clarify ownership, the companies are trading land and clarifying ownership boundasies. There will be no changes in the actua{ use of the properties. The property in question is being spiit off and fransferred to Xcel. This requires that the land be • down-zoned consistent with the larger parcel to which it will be attached. The rezoning has been recommended for approval to the City Council by the Planning Commission. The applicants believe thaf since no redevelopment is planned at this time, and that future redevelopment may change property lines, replatting at this time would not facilitate the current transaction or future devetopment. 2. Sec. 67.304. Approval of lot splits and adjustments of common boundaries. Lot splifs and adjustments of common boundaries are permitted withouf platting, provided the following conditions are met: (1) The lot orlots have frontage on an existing improved street and access to municipal services. (2) The lot orlots to be divided a�e previously platted land. (3) The lot or lots meet the minimum standards for lot width and area for the zoning district in which they are located. (4) The division of the lots shall not cause a . ...................� _<_ ,_�. �--- . . . -- minimum standards of the zoning district in which it is (ocated or which does not have street frontage and access to municipal seivices. (5) The drvision does not result in a splif zorting c/ass�cation on a single lot. (6) The division does not result in the creation of a nonconforming structure or use. Conditions 1, 3-6 are met. Condition 2, the requirement of platting, is not met. This is why the applicant is seeking a variance. See finding 4. 3. § 67.406 of the Zoning Code requires that ail of the following findings shali be made prior • to approvat of a subdivision: A. All fhe applicable provisions of the Legislative Code are complied with. City staff have reviewed the proposed lot spiit and have determined that a{I applicable provisions of city codes are met. B. the proposed subdivision will not be detrimental to the present and potential surrounding land uses. The proposed lot splif is consistent with the surrounding tand uses, and will not be detrimental to present and future use of surrounding Iand. C. The area surroundrng the subdivision can be planned and developed in coordination and compatibility witl� the proposed subdivision. The area surroundirtg the proposed lot split is already developed and compatible with the proposed lot split. D. The subdivision is in eonformance with fhe comprehensive plan. The subdivision is in conformance with the land use chapter of the comprehensive plan, which calls for industrial uses. E. The subdivision preserves and incorporates the site's imporfant existing natura! • features whenever possi6le. The site is in a fully-developed part of St. Paul with no remaining natural features. O � '4°°1 F AU land intended for building sites can be used safe/y without enda�gering • residents by peril from floods, erosion, co�tinuously high water table, severe soil conditions or other menace. The site is a flat, fully developed area with no flooding, erosion, high water tabte or soil condition probiems. G. The subdivision can be economically served with public facilities and se�vices. The subdivision is served with public facilities and services from surrounding streets. 4. The applicant is requesting a variance Qf the requirement in Sec. 67.301(3) and Sec. 67.304(2) to plat previously unplafted land. Sec. 67.703. Variances states that the city council may grant a variance to the subdivision regulations when compliance would create an unusuai hardship to the development of the land, based on findings that: (1) The intent of this chapter is met; (2) The granting of the varia�ce wiil not be detrimental to the public safety, health or welfare or injurious to other properfy or improvements in the neighbo�hood in which the property is located; {3) The conditions upon which the request fo� a variance is based are unique to the properfy for which the variance is sought and are gene�ally not applicable to other property; (4) The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district, (5) The special conditions and circumstances do not result from the actions of the applicant,� � and (6) Beca�se of the particular natural surroundings, shape or topographical conditions of the spec�c property involved, unusual harr/ship to the owner would result, as distinguished from a mere inconvenience, if fhe stricf letfer of these regulations were carried out.. The conditions are met. The variance requested is due to a unique circumstance in which the two existing property owners are swapping land to facilitate existing land uses previously operated on the other party's property. Platting is generally intended for large, multi-lot subdivisions where tots will be sold and new development witl take piace. Platting is unreasonable at this time when no new development wili occur and future development boundaries are unknown. Platti�g wil! be necessasy if and when a future change in ownersliip for redevelopment occurs, and should occur at that time. STAFF RECOMMENDA710N: Based on required findings 1 through 4, staff recommends approval of the lot split proposed by Rice Street Properties with variance of the requtrement to plat previously unplatted land at 801 Rice Street, subject to the following conditions: The applicant shall file a copy of the Council Resolution approving the lot split and appropriate easements for a water main with the Ramsey Counfy Recacder's O�ce. 2. The parcel being split off and transferred to Xcel shall be attached to the adjacent Xcel parcel to the east and a new deed shali be presented to the County for recording. •