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247982 ' ' . 24`7��;� ORIf�INAL TO CITY CLBRK ' • CITY OF ST. PAUL couNCi� NO. • OFFICE OF THE CITY CLERK FILE � � COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONE � DATF RE�4L�TTD, upon �he pert3.nent appe�,l, unde� the Zoning �ode, b� Woodland Park Inv��trnen� �on�pany, owner of tY�e �ub�e�� real estate, situat� in the �i�y of Saint Pa�zl and deser�.bed ass Lots 11 and 12, Block li, �oahranis Subdivision of and Addition to Blocak 11, Woodland P�.rk Addition; that the provi�ions oP said Zoning C�de, in re�pee� to clen�ity and land area requirem�nts, hereby are determined and varied, in their appli�ation to �aid real estate, as and �o �he ex�en� n�:�essary �herefor, and that a per�i� �iereby i� gran�ed unto �aid appellant, and it� su�cessors in inte�es�, in �e�pe�t of said real estat� Po� the accommodation of a 25 �it apart�ent btailding, sub�ect to �he absolute eonfor�anee to the parki�� r�qui�ements, and that o�herwise, s�,id appellant-permittee, and � its �uccesso�s in imrterest, sha].1 make due �ompliance �ith a11 ¢ appliaable ordinances, S�ate sta�u�es and ru1e� and regulations p. °' � of public authori�ies having ao�ni�anae . � � ; � 1 � 1910 COUNCILMEN Adopted by the Council 19— Yeas Nays � 1 9 ��o Carlson Dalglish � Approved 19—_ Meredith Tn Favor � � � f = Sprafka ��tj� Mayor Tedesco �gainst �t� ar�. C�K 'liUBC1SHED MAR 21 19�� Mr. vis. grard.�t c�'et�s�� O ,�,,,.,� .,-�,,,��-� , �.: � a ..�' ''�'?�'t� ' • . • • N��`sp �r� .. :.," a: i 4 �L�P � , � . . , , ��►��,�,��#t�te ubife �R�;��,�> .� ' rna�.��awrad,. � ��. � BOARD �OF ZONING, CITY OF S'�'�� :. � �� : . , 1010 COMMERCE BUILDING • ST. PAUL, MINNESOTA 55101 �� ' '*, ,�y.� - � Pas�u, � 1 . 18 :�� .��. � �,��Ave.. °f; �' Max .:, ��.1s7n = C� � Mr. Harry E. Marshall �F�� ° City Clerk �01�� Room 386 City Hall -`" Dear Mr. Marshall: This is written in response to the appeal of Woodland Park Investment Company to relax the density requirements of the Zoning Code as they apply to property located on the northeast corner of Arundel Street and Laurel Avenue. This property is further described as: Lots 11 and 12, Block 11, Cochran's Subdivision of Woodland Park Addition. This matter was first considered at the October 16, 1969, Board of Zoning meeting. The staff report noted that on January 30, 1960, an application was approved for a permit to install a 20-car parking lot to be used in conjunction with a proposed apartment building. A building permit (��101302) was issued May, 1960, for the construction of a 20-unit apartment building in accordance with the approved application. The structure, however, contained 25 units during construction. Letters from the Building Department notifying the owner that this building and a similar structure at 699 East Third were in violation date back to at least August 8, 1961. Letters notifying the owner that violations including six building code infractions continued and on March 28, 1968, it was indicated that unless violations were corrected within 30 days, legal steps would be taken. A certificate of occupancy was never issued. Three of these six violations were corrected by September, 1968. The others remained in violation. On April 9, 1969, a violation tag (�k00013) was issued for "allowing occupancy without a certificate of occupancy". According to the Building Department this was precipitated primarily by the extra units. The criminal case resulting from the violation (according to the City Prosecuting Attorney's Office) was before the court on June 20, 1969, August 8 and 28, 1969, and October 3, 1969, but continued for plea each time. The staff then explained that the site contains 20,010 square feet and that the appellant requests that the densit� standards of the Zoning Code be relaxed to allow continued use as a 25-unit �_._- ----------------- ------ buildin --- -- g-.-- The Zoning Code requires a land area of 26,700 square feet for a 25-unit � building. For 20 units the Code requires 22,200 square feet. At the time the permit was issued for the 20-unit development, however, the Code required only 20,000 square feet for ZO units. The request to allow 25 units represents a density variance of 6,690 square feet or 25.1%. The approved use of 20 units in 1960 represents a variance from the present standards of 2,190 square feet or 8.2%. Present standards would allow a maximum of 17 units on this site. The staff also noted that a field investigation the previous week revealed apparent parking lot infractions including: 1) parking lot layout not in conformance with approved plans; 2) number of parking spaces; 3) buffer encroachment along east property line; 4) parking lot setback encroachment of 100% along Laurel .Avenue; and 5) concrete curbing is not installed to protect the alley, buffer, or setback as required by approved plans. Staff conclusions noted that the density standards are reasonable and that the requested variance at 25% is excessive. No hardship, as required by the Zoning Code, has been claimed or is apparent. The staff noted their concern that this illegal use has been allowed to continue for nine years although it was determined in 1961 tha,� -1- �j� �_,�'� �� 6 B0 � J r - Mr., Harry E: Marshall March 4, 1970 (continued) they did not conform. The staff also explained that this site is within the Summit-University Urban Renewal area and the Model Cities Program area. The Model Cities group, it was noted, reviewed the matter and requests that any change in the city zoning be withheld. Mr. Jim Hart, attorney for the Housing and Redevelopment Authority, said they are asking people in the Summit-University area to comply with housing codes. They would like to see all property in the project comply to the extent that this could be done without undue harassment. Mr. Burt Getsug, a principal involved in this matter, stated that only 20 units were built including l, 2, 3, and 4-bedroom units, some with extra bathrooms. Later some of the larger units were divided into an extra bedroom unit. �e stated that elderly people occupy most of the units and don�t use the parking lot. Mr. Allen Nilva, attorney for the appellant, noted that the site is in an economically-depressed area. He also noted that they would be willing to purchase any additional land adjacent to the site to legalize the use. After some discussion the Board of Zoning laid the matter over to their November 20, 1969, meeting at which time the staff report was again summarized. It was also noted that the criminal case pending on this matter was before the court twice since the previous Zoning Board consideration but had been again continued. Mr. Paul Kelly of the Corporation Counsel's office said the questions before the court are being held up until the Zoning Board acts. Mr. Nilva again noted that the property is in an economically-depressed area and occupied largely by older people. He stated there is absolutely no injury to anyone concerned. In response to a question from the Board, he promised that the similar situation at 699 East Third Street would be taken care of. Mr. Nilva noted that they would be happy to purchase any additional land to help conform to the parking lot standards. After some discussion it was moved to recommend approval of this appeal,�subject to the absolute conformance to the parking requirementsa The motion was seconded and carried with three votes in favor and two abstentions, which, according to the Board's rules of procedures, count as votes against the motion. Subsequently, the appellant filed plans for a revised parking lot which meet the minimum requirement of the Zoning Code. Very truly ou s, �� . �� PETER J. MAIETTA PJM:gaf Secretary, Board of Zoning CLS Z.F. �k6863 Encl. : Letter of Father Denzil Carty and Rev. Joseph Pilate, Model Neighborhood Planning Committee, dated 10/14/69. � � BQARD OF ZONING, CITY OF ST. PAUL 1010 COMMERCE BUILDING • ST. PAUL, MINNESOTA 55101 • PHONE: 223-4151 March 4, 1970 Mr. Harry E. Marshall City Clerk Rouni 386 City Hall Decir Mr. Marsliall: This is writteii in respoiise to t}ie appeal of Woodland Park Investment Company to relax the density rec�uirements of the 'Loning Code as they apply to property located on t}ie northeast corner of Artindel Street and Laurel Avenue. This property is further described as: Lots 11 and 12, I31ock 11, Cochran's Subdivision of Woodland Park Addition. This matter was first considered at the October 16, 1969, Board of Zoning meeting. The staff report noted that on January 30, 1960, an application was apl�rovecl for a permit to install a 20-car parking lot to be used in conjunction with a proposed apartment building. A btiildi.ng permit (�k101302) was issued May, 1960, for the construction of a 20-unit apartment building in accordance with the approved application. The structure, however, contained 25 units duri.ng construction. Letters from the Building Department notifying the owner that this building and a similar structure at 699 East Third were in violati.on date back to at least August 8, 1�)b1 . Lrtt�rs notifying the ownc�r that violations incluclin�; six building code i_niractions rontinued and on March 28, 19�8, it was indicated that �mless violati.ons were corrected within 30 days, legal steps would be taken. A certificate of occupancy was never issued. Three of tliese six violations were corrected by September, 1968. The others remai.ned in violation. On April 9, 1969, a violation tag (��00013) was issued for "allowing occupancy without a certificate of occupancy". According to the Building Department this was precipitated primarily by the extra units. The criminal case resulting from the violation (according to the City Prosecuting Attorney's Office) was before the court on June 20, 1969, August g and 28, 1969, and Octobc�r 3, 1969, but continued for �lea each rime. The staff then explained Cha� tlic tiilc contains ?0,(ll� s��iare f�et and that the appellant requests that the clen5ity titandards of the %on�n�; Code be relaxed lo al.low continued use as a 25-unit building. The Zoning Code requires a land area of 26,700 square feet for a 25-unit building. For 20 units tlie Code requires 22,?.00 square feet . At the ti.me the permit was isstied for the 20-unit development, however, the Code required only 20,000 square feet for 20 units . The request to allow 25 units represents a density variance of 6,690 square feet or 25. 1%. The approved use of 20 units in 1960 represents a variance from the present standards of 2,190 square feet or 8.2%. Present standards would allow a maximum of 17 units on this site. The staff also noted that a field investigation the previous week revealed apparent parking lot infractions including: 1) parking lot layout not in conformance with approved plans; 2) number of parking spaces; 3) buffer encroachment along east property line; 4) parking lot setback e_ncroachment of 1.00% along Laurel Avenue; aild 5) concrete curbing is not installed to E�rotect the alley, buffer, or setback as required by approved plans. Staff conclusions noted that the density standards are reasonable and that the requested variance at 25%, is excessive. No hardsllip, as required by the Zoning Code, tias been claimed or is apparent. The staff noted their concern that this illegal use has been allowed to continue for nine years although it was determined in 1961 that -1- � °° - . , .. _ ` ' March 4, 1970 (contintied) NJ � . Mr. Harry E. Marshall they did not conform• Urban aff also exp rot,p, it was noted, � St lained that. thi-s sit�e�s Wrhe1Model ��eG �niversity Thc . rram a , t��yt� lhpt any ctian�;� in CYic �• i Ly ��ning h� wi tlil�eld. Rr��rw.�l ar��.l :lllCj lhc� Model C�Cies Pro�, rrvirw�� tlic' niaf l��r an<1 rc.q said the}� and Redevelopment AuthoritYcodes. They Mr. Jim Hart, attorney for the Housin�area to comply with housing are asking people in the Suu�it-UniversTOYect comply to the extent that this could would like to see all property in the p J be d o n e w i thout undue harassment. state d t h a t o n l y 20 units Mr. Burt Getsug, a princip al involved in this momeewith extra bathrooms• Later 3, and 4-bedroom units, ge stated that were built including 1� 2� lot. some of the larger units were divided into an extra bedroom unit. elderly people occupy most of the units and don�t use the parking for the appellant, noted that the site l��l�urctiase Mr. Allen Nilva, attorney would be willin� de ressed area. He also noted that they ��conomically- P 3riy a�lditic�n.i1 land adj�c'�nt tu the slte Lo le};alize tie use. laid the matter over to their at which time the staff report was again summarized. After some discussion the Board of Zoning on this matter was before the court November 20, 1969, meeting ending ain continued. It was also noted that the criminal case p twice since the previous Zoning Board consideration but had been agestions before the Mr. Paul Kelly of the Corporation COBoard' actsfice said the q court are being held up until the Zoning ro ert is in an economically-dePressed area ain noted that the p P y no injury to Mr. Nilva ag eo le. He stated there is absolutromised that the and occupied largely by older p P onse to a question from the Board, he P l,qr. Nilva noted anyone concerned. In resp coniorm to the si.milar situati_on at 699 Eastlrchasesanyeaddition 1 landntoahelp that they would be happy to p parkinK lot staudards . eal, subject roval of this app uirements . The moti.on was seconded and After some discussion it was mOarkino reQo��n apP according to the Board's to the absolute conformance to the p � which, carried with three votes inasaV tesnagainstbthenmotion. rocedures , count rules of p arking lot which meet the ellant filed plans for a revised p Subsequently, the aPP Code. minimum requirement of the Zoning Very truly yours, 1'1:7'ER J. 1`9A7.ti`1"1'A 5ecrel�ry, 13otircl oI 'Lutiin�; 1'JM:�;al ' CLS Z.F. ��6863 Encl. : Letter of Father Denzil Carty and Rev. Joseph Pilate, Model Neighborhood Planning Committee, dated 10/14/69. ` i i . U� .. , •.� A . ... • . . ��/ � " � NILVA, lSHAW AND FRISCH /\ �\ . ATTORNEYB AT LAW � `� \ b 2J00 WEST 9CVENTM STR[FT � �� SAINT PAIIL, MINNESOTA 5'S118 � y\�,�. ALLEN I. NILVA ` IRVING SHAW 690-1391 GERALD E. FRISCM 846-7901 August 22, 1969 City Clerk City of Saint Paul Court House Saint Paul, Minnesota Re: Woodland Park Investment Co. 138 = 140 Arundel Street Dear Sir: Forwarded to you herewith enclosed please find original application for Variance of Zoning Ordinance, etc. , relating to the above cagtioned premises. Kindly cause the said application to be presented to the City Council for referral to the Zoning Board for processing. Also enclosed please find check in the sum of $20.00 to cover the filing fee, and if there is anything further rou require at this time, kindly advise. Very truly yours, NILVA, SHAW AND FRISCH �i�� n �(, Al1en T. ilva AIN:b ZONING F�LE �4�� Encs. -` '� . \ Octuber 1t�, 1��69 ;3"�A(tll O1' 7�NINC; REPORT AND ACTI�N Nove.mber 6, 1969 ?'13t :1a�, ;t� A�,tinn under Le�?islative Code Chapter 60 thru 64 ---- - n3s,:,�cl Au�ust 22� 1922 as am�nded to April 6� 1�36�3 b�63 _� �i FG � �. a• AF'r��I�:r1NT'$ �'�^,']i: . W�od 1 and Park Tnves tment (;�mpany 3159 �(-796 2 .,^,",.:��,'[�'^�'I'� ');d . � A��enc!ment 0 A�neal ❑ �'er,nit ❑ '?ther , p � ; � ,�, . Rr l a ; �1rn�,i t y r��Lrt�inrnt�� -- ----- ' - . '�-;� �i'i'� : Nc�rtii��;ar;t c�rn��r of llri�ii�i��1 Strec�l' und l.t►ur��l Av��nuc �- , . l:�'��.;. 'i!:::,C �.I}'TI�'J 1 Lots 11 �n�l 12, I{I�ck 11, Cochran 's St,hdivitiiun �>f Wood lancl k'ark Add i t i�n. . . �:::�1: i'i' '/.;;�It1';: "('" R�sicjence :; ��'�„t'(' '1'� ;'oninr �ode Chapter: b'+ �ection: .�)"� ��aranr3nh: i . '...i i' i�IV?;"� CI'�ATIr1N � R�PORT: ?33te: 1U/LO/6�) 3ys CLS ,1. �li';'I'OItl : An :i��c��l t�� llow ��,��r.�tlan of a nurvin�; l�c�me on t.his sitr was williclrawn 10/4J ,�i ul t ��r � h,� .i�i��l icant wn5 UI1�I)I(' CO �;��t �i��i[�va1 c�l the State NeAltlt lle}�t . rincl Slat� Fir�� M:+rshall . lh� I / SII, 1�U :�� ) i c;�tic�u w:lw ;i�,��rov�cl I or a pt�rmi t to in:;tal l a �U-cH[ �»rlcinE; I�it. to bc utic�d i n . cun jun, l �un ��i cl� :� �,�'o��oyt�J a��l . 1�1<1�;. A blc1�;. }��rmlt (�k1013U2) wati ir��ued Mt�y, 196U, fc�r rl�� cun�lr�irtic�n ��f a _'_O-unic bld�;, in �cc�rdance witli [iie approved ap��l.ir<�tion. 7'he strucY_ure, � lic��c�v��i-, contained '1.5 units during construction. Plans submitted witli ttiis appeal indicate �5 units . plans ar� clated 8/27/60. Certificate vf occupancy never issued. Letters irom the Bld�. Uept: . r�otifyin�� the� owner that this bldg. & a similar structure at 6y9 E. 3rd date back to at l.t�ast b1�s/hl . Letters notifying th�� owner that violations including 6 bldg. code infractions ° r;�ntinued and oi► 3;2H/68 it was indica[ed that unless violations wc>re corrected tvithin 30 days, l��,al ste;�s w�uld be talcen. 3 of these 6 violations were corrected by 9/69 (�d3, 4, & �) ; the others remainccl in v�olation. On 4/9/69 a violation tag (�U0013) was issiied for "allotoing c�ccuf�nnc y �.�iti;out a certificate of occupancy". According to the Bld�,. Dept . this was pre- � �;�i tate>�1 ��ri�uari ly hy the extra units. The cri�nina] cas�� resultin� from ti�e violatioii ' (,��cur�lin}, tu �h� c;i t v Prc�secuting AY[orney's Office) wati hefore thc� court on 6/20/69, 8/8/69, �+/�'H/(�`1, .�nil 10/'3/(�'+ but conl.{nued 1 ot� plea each tim�. 'Cl�e Court case wi ] 1 I,�� hc�fore the c��urc ` ----'�•. �..,c,•�� r�,�, �tl�l.,. llr.r�t . 's B��rd c,f A}�p��als in .lul�,• an�f 1 – ' . . -- - — - _.._... � . 1 \/ ---� '�r�• ' 7 .rv•.v.�.v■v��vr� _.. '----�_...._._.._i_ �..+ �_�____..-._._--..'._._.__,��_.., ..�„ � . . � , . � _ MIIWTE5 OF THE 1'[TBLIC HEARZNG :3�FORE TEIE BOAIRA OF ZOI�IING on Thursday, October 16, 1969, �e 2:00 JPors� FRESBNT: Messrs. Au�es, Gzuge�, McPartl�n, and Maietes af the Bo�rd and Mr, Sorensan aad Mrse Frantzen of th� staff. Mr. �i,ansur �rxived lAte end vo�ed on the Woodlsnd Park Iavestment C�mpany aild �endaia, DeMars u�atters. WOODLAND PARK INVESTI�NT C4MFANY: An appeal ta rel�x the density rec�uirements on property located on the nor�het�st corner of Arundel Street an� 7.,aurel �venue. Mr. Sorenson snu�arized the staff report �iving a lengthy tais�ory af the site. On Janu�ry 30, 1960, a� application w�s approved �or s permft �o install a 20-ca►r par�eing lot t� be used in con3�uction raith a pr��os�d aga�trapnt bc�ild��ag. A bui3ding permit (�1013U2y was issued k�ay, 1960, £or the cons�ruction oi n 24-unit apart�eiit building in acco�dsnc� with t-he approved ap�lication. T.tiF s�ructure, tiow�ver, contafned 25 units during cetastruction. Letters f�om the Buildii�� llep�rCrz�:n.t noti�fyin� the owner �h�t this building an� � simil�r atrucr.ure at 69� ]�ast Third date back to at Ie��t AtYgust 8, I9Ft. x.etters c�o�3.fying the a+xanex thet vi4lations includictg six buildf.ng code infrac��ons continued szid on I�mrch 28, 1968, itc was indicated that unless vio��eious were correctect �aithin �0 days, legal steps wov.ld be tak�n. A ceat�.l:i�ate o£ o�cup�,ncy w�� rYe�c�� :L�s��d. �t�.�ee of eh�se six violations were corrected by 5e�t��r�t��r, 3968. The othe;r� remafned �n violetfon. On Apri]. 9, 19b9, a vio,l��ion tsg ��OQ013� wss i.ss�e+3 for "a�.lawing occupaxa�y withouZ a cer�ificstp of oc�upaucy°fo According to �he Buildin� D�partment this was precipi�ntesl primarily b� Cf►e extra un�.ts. The �cri.r��.n�2 r:as� resulting f.rom tt�e violA�ion (�ccordizag to t�se Gfty Prosec�zting A�t�otney's �ff_icE� was before L-he court on Juae 20, 1969, Augus�: 8, 1959, l�ugust 28, 1�6�, �r�d f3cto��►r 3, I969, but continued for plea each tim�. Th� court c�s� cai.il. be bzfare the co�!rti a�ain on November 6, 19b9. The matLer uras brough before �hQ Bui�.�wng Bepa�ctm�n�'s B�ard of Appeals in �uly and August, 196�, but was withdr�;an. Woad�t�ztd Pe?'k �x�vestmetet Campany and Advance Construc�ion C�apany ttav� the �ar:�e �ddress and phaxze n�mt�ez. Change of cxaay.exship should not consriL��e a t3arus�ip. !� �.��:t�� c�m Y�odel CY ti.es and � p�.cture �f the buil.ding caexe sui�a::ttCed �a �he B6�xd. The site hss front�ges of 216 feet aloigg 3aurel Avenue a�td �72.5 £eet on �rua�del� Street resul�ing in �n r�rea of 20,t�10 squ�re f�et. The Zcni_n� Coc�e reqi:is�s a Zr�nd area o€ 26,700 square feeC Yc�r a ?_5-unit bui�dir�g. �or 20 un�Cs �lz�� CKacle r�cra�irea 22,200 square fee�. .�t th� time �he perm�t was issu�d f.:�x t�3e rC-uni� d�v��.r,pmer�tp howevQr. tt�e �cxle required anly 20,OOQ snu�re feet xnr ?t7 uzYitm o °�13� iequent to allow 25 un3.ts r.epresents a densir_y var�snce o�: E�,�';�} s�1ua�� f�et or 25.I;,o �taa approved use of 2Q units i� 19�0 xe�r.�senrs �s vts�-iance �r��v� presers� s�andard� of 7_,190 square feet or 8.27,. i�res�n� st�ncla�xd;; w�u2d allrac� � m�ximum of 17 unit� on this siteo F1�I.d �nv�s��i�s�t:tot� ?�/7/b� iaa�3tc�;t�:s �t��;'E�->t: p.�rkx�� 'o� iFia�ra��'�'�n.� i�c7uding: I� Psrk�xxg 3.r�t I�yc�.�t ;�s no� �� cunfoR^�-.-tan.:e ��r�.ti:e s��La�r��l p��v.Za; 2� Ia�ber of psrkic�g apaee�; 3� Buffex er_cr��chznca�t �l�n,� ��st prup��ty l�n�; 4� Se�'oacic encr�ack�n�tat of RUa� �lon� Lra�s��l w�v��au�; �� c�igcx��e r_ur#��,x�g not inst�ll�d to pr�tect a31�y, bu�fer, c�r $��b�c�. �s res��x�.�e� �y ��I�ra�� p;�an3. -5- WOODLAND PARK (continued) In conclu�ion, Mr. Sorenson noted that the dens:Lty standarda are reaeonable. The staff is concerned over haw the illegal use has b�en �llowed �o continue £or nzne years. Tt is within �he Summiti�Uaiversi.ty Renewal Aresm and th� Model Cities wishes the Baard would witii�hold any rezoning in the neighborhood. Illegal uae has continued for 9 years �nd should bs eliminated. Mr, McPartlin wanted to kaow if ori�inslly the appell�ne asked for an appeal. Mro Maietta questioned the court trial and fel.t the Board ahouldn't vote on anything �antil after that. Mro Ames saia that the building ia in pretty good shape; he believes the Building Cade i.nfractions have been taken cmre of one way or enother. Mr., Jim Hart, attorney �ox thE Housing and Redevelopment Authority, said th�y are asking people ia the Sumamit-�Jniversity axea to comply wrtl� housing codes. They would lilc� to see all the property into the project��to the extent that thia could be done without undue hz�rrassmen�. Mr. M�nsur ssked about condemnin� �he �roperty. Mr. Ames nated thae inspeceors in bis departme�t s�id it is �aell kept and clean. Mro Man�ur said choppa.ng off five units would no� affect the asea. Mr, McParr_Iin feels the whole ma�Cer ia extremely against the intent of the Zoning Co�3e and good planning principles. Mr. Msnsur was concerned about why a place that was sppxoved for 2.0 uni.ta was built for 25 units. Mr. B, Getsug, 2227 University Av�nue, s�id thaC 20 units were built. These included 1, 2, 3, and 4-bedroam einits. Soffi� had ex�ra bathrvoms. I.eter sr+me of the larger unit� wQre divided �nta an extra bedroan unit. Elderly people occupy most of the units, and r�any �use nesd sleeping rooms. Al�o, moqt don't �ase the parkfng loCe Mro Allea Nilva, attornay £or the anpellaut, noted thbt the site is in an ecanomically- depressed area. Mr. McPartlin s�id E,hst if anycme came into �he Board w;.�h � new building, got approval, and �hen bui�.t more apartments �han were spproved, why bother having a Zorning Code? When infractions �re committed as s�ach, substandard condizions sppear faster. He feels it fs intoler�able, arad a cheap re:ct site. He spcske to tenantr� in the epartment building who said that �hey have had caret�ker probleaefa for several years, sad if they want the ha�lways eleaned, the temm�ts must Gle�n th�ra. Mr. Nilva clafined it is a cle�n, c�ell-kept, aeat buildin�;. Mr. McPartlin questxo�ed about Model �itfea. Mr, Sore�.3on �aid they would like 30 days' not2ce of a�Z matters �.n �he �eunmit-3lniversity area. Mr, Sorensan alsc� st�ted that he spotce to th� C�.�q Prosecutin� .Attarney, T� Mooney, caho inclicated [.he court case i5 bei.a�g con�inued to Nov�mber 6, 19b9� Mra Gauger felt it snoulci be laid c�vQr pet�d�:�g � �itten repo?-t �rom Mx� '�au3. �+�Ziy. -6- WOODLAND PARK (contfnued) Mr. Soren�on said that the appellant would have ta file for an admiaiatrative parkfng lot also. Mr. Ha�ct of the Honsing and Redevelapmeat Authority said they have to deal with the Model Citiea the same as the Zaning Board does. Model Cities is an advisory body to the City Councilo Mro 5orenaon said ehere was a resolution for the Model Cities group to get 34 days° notice. For this matCer �hey were notified about October 3. They contacte3 us and said tr►ey didn'� knaw about the appeal until Octaber 13. They askec3 that sny change in the descril�ed area be held upo Mro Sorenson seid the Z�ning Sectioti wauld send a letter to tha Model Citiea referring mstters to them at Ieast 30 day� gria�r to futa.re meetinge. �lr, Nilva stated they w'ould be wi1Z£ng to purchsse ttny additionsl land adjacent to the site. Zon�.ng �s o.k. there. He noted that a great number of the tenanta don't have autiamobiles. Mr, McPartlin maved for a Iayaver until Navember 20 ta s21ow Model Gities time for review and reco�nendaC2on. Mr. kisnsur seconded Che motioiz, which carried uuanimously. Submitted by: Colonel Lm Sorensan Rabert Lo Ames, Chair�ean _7_ MINUTES OF TFIE PUBLIC HEARING BSFORE TH13 BOARD �F ZONTNG an Thursday, November 20, 19b9, at 2:00 P�Mo PRESENT: Messrs. Ames, Cohen, Gadler, Gauger, and MaieCta of the Board ar�d Messrs. Brown. end Sorenson and Mrs. Fr�atzen of the staff. WOODLAND PARK It�'VESTl4II:I+TT �aNiPANY: An appea�l to relax �he density requirements on property located on the northe�s� co�ner of Arundel Street and Laurel Avenue. This matles was laid over from th� October lb, 1969, Bo�rd meeting. Mr. Sor.enaon gave a lengthy history on the property: On January 30„ 1960, an �pplication was spprav�d for a permit to inst�ll s ZO-car parking lot to be used in conjunct�on with a proposed apartment building. A building permit (#101302) was �ssued May, 1960, �Eax �he coa�struction of � 20-unit apartment building. The structure, however, contained 25 units during construction. A certificate of occupa�acy wa�s never issued. Letters from the Building Department noti�ying �he ac�ner Chat thi.s bailding and a simil.a� structure at 699 East Third Street dete bac�e to �t 1ea�t ;4ugust 8, 1961. Letters n�tifying the owner that violations fncludin� si.x building code in£r�ctioa�s continued and on March 28, 1968, it was indicated that un�ess viol�tfona were correctecl within 30 days, Iegal steps would be taken. Three of these six vi.olations were corxected by Septeml�era 1969; the others rema�.ned in violation. Qn April 9� 7.969. a vi.olation ta� (�00023} wss issued for "allowing occaap�x�cy witt�our a certific�te of occupancy"� According to the Building Departmen� this was precipitated primarily by the extra unitso The criminal case resulting from the �iolation was b�£ore the c�urt on June 20, August 8, August 28, October 3, Novemb�r b, and Plovember 13, 1969, but has not yet b�ec� setic�e�. The �ppellant requests tti�t �h� density standards of thQ Zoning Code be relsxed to ailow co�tinued use �a �a 25-unit building. �t1e Zocaixtg Cede requires a land area of 260��0 square fee� for a 25-unit building. lFcsr 2U units the Cod� reqaires 22,200 square feet. At the ti�us.p thQ pe�it was issued for the 20�unit development, however, the Code required only �0,0(?0 sqaaa�e fe�t for 20 unita. The Zoning Code also requires one off-street pa�king space for each uni�, s building setba�k of 17 feet and s parkfng setback of 8� feet, piaxim�u ground coverage for Che building ahould be 35%, and an 8-foo� buiEfer where the parkz.ng �rea adjoins residentislly- used property is �equired. The r�quest to allow 25 units represents a density vari�nce of 6,b90 squa�e feet or 2S.17o. The s�proved use of 20 units in I96Q represents a variance from the present stand�rds of 2,190 square feet or 8.2760 l�rresent standards woulsl a1Zow a n��im�m of Y7 unfCs on thfs site. The site is approximately Ievel a�xd slightly sbove street grsde. Stsf� field invest3.gstion on October 7, 1969�, imdicates �pp��ent parking lot infractfons including: 1) parking lot layout �ot �.n confc�rmance with approved �Ians; 2� number of parking spaces; 3) buffer enc�o�tchment �al�ng east prop�x`y line; 4� p�gking l.ot setback encroachmenti of 1007o along �.aurel �venue; and S�) concrete curbing is aot installed to protect the alley, �uf£er� a� setback �s requ�a�ed by spproved plans. The site is located within the Summ#.t-Univex�i.ty Urba�a Rexaewai Project Area, Commercia3 uses exist to the north along Selby Ave�e�e. Ttie remainder of the ares ia occupied by mixed-density residenti�l usea� -3- WOODLAND PARIC INVESTMENT C(�SPANX (11/20/6g--cantfnued) Mr. Sorex�son concluded that deas�.ty standards axe reasdn�ble and th� requeated varfance is exceasivee Nothing about thfs praperty preaeats a hardahip case, The etaff i� concerned aboat the g�esen� use because it is illegal. riodeZ Cities wae notified end has suhmit�ed a letter *,�rhicn was xead requesting that any rezonin� in this ares be hela upd Mr. Paul Relly of the Corpora�ian +�oransel's off�ce said the questions be£ore the court are being held up until the Zouing Board acts, �nd noted that �he action wou2dn't heve tot�l effect. Z�ir. Ae Nilva, st�oraey for the sppellant, related thet the apartment building ia in an economic�lly-depresaed are� surxounded b;► old home� and old buildings. Ttaere is difffculty in renti�xg Che apartments, especfally the 2-bedroora units. Proper teaanes in thae area ar� difficulr ta come by, to keep in the area� and most of them are older people �ha� anl.y need s2eeping rovms. At the tim� the apertment was originally b�ilt th�e sapsrtments in Che basement had 3 bedrooms. To meke Che place econamica�.ly feasible they converted these unita into efficiency units. Mr. 1Jilva str�teci there is absolutely no injury to snyone concereaed, ac�d �s fa� as the garking Lo� goes, many of the t�nan�s do not even own aneomobiles. The sdjoinin� ltand owner has n� complaint; peop�e liviug there have been satis�ied. Mr. Gauger ea'ced who the u�ners of the apsrtment building aree Mr. N�laa stated that he end I�ir, Ce�sug have sn in��rest in I'aster Enterpr.i9es which own the property, Mr. Gadler brougta� ��a the issue of �he prop�rty �t 699 Emst �hird Street. Mr. Ni3.va pramis�d that this s�.tu�tio�i would b� taken cere nf. Mr. Gadlex then wan�:ed to know w��t ty�x� of bu�ning is don� �t t'he apartmenta Mr. Getsug ssid they ��ve insid� inein�xetors plus trash is ;�icked �rp t�i�e s we�ko Mr. Ames asked about the park�ng 1at� E�d Mr. I�ilrra a�id ttx�y would be iaappy to purchase ac�y addlLtionai 1PSd t�i hal� confoxtn to th� standa�d9. Mr. Ganger ma�ved for approval Qf �he ap�r�al $ubject to th� ab�olute canfox�msnce to the perT�cing requests mnd a new plan sub�itr�d f�r e sg�ci�al use permit. All this will be t�Icen care nf befor� the matter �aes t� Cous�cil. Mr. Cohen secoiaded the mation whi�h hAd a vote of � fox apprs�vsZ, witia Mr, Maieeta and Mro Gadler abstaini�:g fr�m �he vo�e. Submitted by: Calonel L, Sarensori Robert i�o Ames, C'hairman -4- ' City Clerk � • � CITY OF SAINT PAUL MINNESOTA DEPARTMENT OF FINANCE 113 Courf House 55102 . February 20, 1970 File X-796, Page You are hereby notified that a public hearfng will be held in the Council Chambers of the City Hall and Court House in the City of St. Paul at 10:00 a.m. on March 5, 1970, on the appeal of Woodland Park Investment Company to relax density requfrements on Lots 11 and 12, Block 11, Cochran's Sub- division of Woodland Park Addition. The property is located on the northeast corner of Arundel Street and Laurel Avenue. For further iaformation contact the Planning Board, Roaa 1010 Coae�nerce Building or telephone 223-4151. JAN�S J. DALGLISH Co�nissioner of Finance O � . City Clerk � - � CITY OF SAINT PAUL • MINNESOTA DEPARTMENT OF FINANCE 113 Court House 55102 February 20, 1970 File X-796, Page You are hereby notified that a public hearing will be held in the Council Chambers of the City Aall and Court House in the City of St. Paul at i0:00 a.m. on March 5, 197Q� on the appeal of Woodland Park Investment Company to relax density requirements on Lots 11 and 12, Block 11, Cochran's Sub- division of Woodland Park Addition. The property is located on the northeast corner of ArundeZ Street and Laurel Aveaue. For further information contact the Planning Board, Room 1010 Co�unerce Building or telephone 223-4151. JAI�II:S J. DALGLISH Comnnissioner of Finance O t = a% ��= a.. .:°�' 3-�9-�0 .� C� � � � �/ � ' s . y� � . ~ � �ST. PAUL, MINN. 55ip�rth Dale Street -- 222-3675 << April 10, 1970 The Honorable Thomas R. Byrne City Hall and Courthouse Saint Paul , Minnesota Dear Mayor E3yrne: On Thursday, March 5, 1970 the St. Paul City Council approved a relaxation in the density requirements for an apartment building at 138 Arundel that has been in violation of St. Paui Zoning Regulations since it was constructed nine years ago. Article V11 6 of the City Council Resolution #243860 requires City Councii to refer all requests, etc. for fundamental changes aftecting land use in the Modei Cities Area to be referred to the MNPC for its review and comment. Yet, the M.NPC r;as not informed of th� Impending hearing. ( f the City Council felt that the proposed action was not within Article VII 6, it would seem that common courtesy woutd require notice by you to the MNPC. Yet, the MNPC was not informed of ' the impending hearing. � One can only speculate tha�t this (ack of notice is but more evidence of the St. Paul City Council 's reluctance to listen to tho poor and powerless, and to bend over backwards to accomodate the wishes of the rich and powerful . Si rely, � SEPH W, PILATE Chairman, MNPC CC: City Council St. Paul Board of Zoning /nw . � . i y�� ,,,,,� ' .�1',.-. �"�- '� � � cv�.�� -� • � _____...�� , � � . .��,� c.. �;:. i � � _, , . -� ;. - ii:Y� :1.. . . . . . ' ..t . .'1'�. ., - ,� . ' 3 April l��, 29'J'+4 Mr. Joseph W. I+i.�t'k�ar� Ch�3.�ta � Mod�l C�.��+� PT�i�h'b�hCrod Plsaning Cc�i.ss�t� i6� N, Dal+� S��t S�. �etuul.., Minn+�sc�#:s :� S�r= T'he Gi'ty Gcsl�ne3.]. w�s 3.n ��tc�ipt ay . your lr��±a� per'��ining t� �t zcni�g �ppe�l. �� I�� Axund�l ��. �t3.ng t�i�t �Ehe I�PG �a.� not i.r,iv�d of' �h� �zad . �,'Y►�r G9.��r �crun�i�. d �hat the > s ca�.7.d t� n+�ti�'�+� crt Caa�ra�1 ta+Raring� �n ��rr�ing tssac� at � '�i.ms aurr�und�� property ts�mlt9c's � r�+��"�a�� eh �.s at a�� lfl @� ��5.�r �c+ �h+e ,�ubiic haar�n�. � Couz� a a�ed � b� �� o�#�a�t �'e�q�n� �t+�� .t in �'il.e �,. 386a is � �h�I� rivt�c� cx�` l�O�itig 8�r'd'� h�sa�. �l�y wi. �o goint aut that a l+��tt�er �am th� Mf�+C wa� ir�e u d �n �� c�: 3.38 �unr�� C. and � �ao�sd a�d dsa!a�s+� '� '�� C� Caur�c�l ta�.�� c►n �t�d ta��ter. '��y ta�u],y yowra„ Cit�r Cl�rl� �� Cupiss t+�: Zcning Bda�d Ti�pt. t�" �"f�<:a