03-943Council File # ���
Green Sheet # J d � H `/�
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Presented By
Referred To
ll
Committee: Date
1 WHEREAS, Bill Fasbender, in Zoning File 03-295216, made application to the Board
2 of Zoning Appeals (hereinafter, "the BZA") for a variance from the provisions of the Saint Paul
3 Zoning Code for a vacant lot located at the southeast comer of Gotzian and Third Street East,
4 legally described as A. Gotzian's RE of Sigel's Addition I.ot 12, Block 28; and
�
6 WHEREAS, the purpose of the application to vary the standards of the Zoning Code was
7 to build a new single family house with an attached garage which required a front yard setback of
8 2'7 feet with a proposed setback of 20 feet from East Third Street, for a variance of 7 feet and a
9 required rear yard setback of 25 feet with a proposed setback of 15 feet for a variance of 10 feet;
10 and
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WHEREAS, on May 27, 2003, after having provided notice to affected property owners,
the BZA conducted a public hearing decided to approve the variance based upon the following
findings and conclusions as set forth by the Boazd in its Resolution No. 03-295216, dated May
27, 2003:
1. The properiy in quesrion cannot be put to a reasonable use under the strict
provisions of the code.
The sireets in this part of the City were platted so that they intersect at various
angles. This created several triangular shaped lots that are difficult to build on
under the strict provisions of the code. Section 62102 of the zoning code states
that any lot of record at the affected date of adoption of the code is a build able lot
even though such a lot may not meet the requirements for azea or width that are
applicable in the districts. It further states, that yazd requirement variances may be
obtained through the Board of Zoning Appeals. The applicant is proposing to
build a small, single family home on this site and intends to live there. It is a
reasonable use for this property that cannot be accomplished under the strict
provisions of the code.
2. The plight of the landowner is due to circumstances unique to this
properiy, and those circumstances were not created by the landowner.
The size and shape of this lot makes development of this site impossibie without a
variance. This is a circumstance that was created when the adjacent street was
platted.
63-g�t3
3 3. The proposed variance is in keeping with the spirit and intent of the code
4 and is consistent with the health, safety, comfort, morals and welfaze of the
5 inhabitants of the Ciry of Saint Paul.
6
7 The comprehensive plan encourages the development of new housing units in the
8 City. With a limited amount of land auailable, it is necessary to be flexible when
9 applying the current zoning standards for new developments to achieve this goal.
10 The proposed owner occupied single family home will be an asset in the
11 neighborhood and the requested variances aze in keeping with the spirit and intent
12 of the code.
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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.
This is a corner lot with street frontages on what amounts to three sides. The
proposed house wiil meet the required side yard setback on the only side that
abuts residential property. The requested variances will not have a significant
impact on the supply of light or air to adjacent properties. The applicant has
designed a house that is proportionate to the size and shape of the lot. A new
owner-occupied house on this site will prevent the occasional illegal dumping and
parking that typically occurs on a vacant lot. Since this is a corner lot, the impact
of the requested variances will be minimal and a new home on this site will
benefit the neighborhood.
5. The variance, if granted, would not permit any use that is not permitted
under the provisions of the code for the property and the district where the
afFected land is located nor would it alter or change the zoning district
classifications of the property.
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 applicant states that his primary desire is to conshuct an affordable home for
his family.
WHEREAS, pursuant to the provisions of Legislative Code § 64.205 Mark Meser, duly
filed with the City Clerk, an appeal from the determination 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
WHEREAS, acting pursuant to Sections 64.205 - 64.208, and upon notice to affected
parties, a public hearing was duly conducted by the City Council on July 23, 2003, where all
interested parties were given an opportunity to be heard; 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 BZA, does
hereby;
2
3 RESOLVE, that the Council of the City of Saint Paul does hereby hold or reverse the
4 BZA's decision. The decision of the Board of Zoning Appeals in this matter, based on the
5 following findings of the Council:
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p3-a`�3
The Board of Zoning Appeals erred in its findings No. 2 and No. 3. The plight of the landowner
here was not due to circumstances unique to the property. This is a small lot at 2800 sq. ft. and
the small size of the lot is readily apparent to anyone looking at. The size of the proposed house
is not related to circumstances unique to this property. The size of the house on this small lot is
not in keeping with the spirt and intent of the code or consistent with public safety. The
testimony indicates that placing a house on this lot, at this location, is not safe.
BE IT FURTHER RESOLVED, that the appeal of Mark Mgser be and is hereby
granted; and be it
17 FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to the
18 project applicant, Bill Fasbender, the appellant, Mark Maser, the Zoning Administrator, the
19 Planning Commission and the Board of Zoning Appeais.
Requested by Department of:
� �L- P
By: Q G a9Qc�l.�6'�Q.O
Adoption
By:
by Council Secretary
npprov,�n �y nrayor: Date
ay: f X �
Adopted by Council: Date /,y-��.-�3
Form Approved by City Attorney
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�x: p3-a�.3
`` � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sfieet �
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Departrnentloffice/councii: Date Initiated:
LP L,���;o��Il�t o�-03 Green Sheet NO: 3006214
Contact person 8 Phone: ���erk SeM To Person InitiallDate
PeterWamer � 0 'c ctio nvironPro
266-8710 pu�yn 1 icensel[ns fion/EnvironPro De artme tDirecro JEQ �
M CBe on ouncil Agenda by (Date): Number 2 � A � e � L d— �-�'
For
RouHng 3 a or's Offi e Ma oNAssistant
Order 4 ounc0
5 � C7erk � Clerk
Total # of Slgnature Pages _(qip Ali Locat7ons for Signature)
Action Requested:
Approval of a Resolurion denying variances tq conshvct a new single family house on property located at the Southeast Comer of
Gotzian and Third S4eet East.
Recommendations: Apprrne (A) or Reject (R): _ Personal Service Contracts Must Answer the Following Questions:
Planning Commission 7. Yias this persoNfirtn ever worked under a contract for this departmenY?
C16 Committee Yes No
Civi4 Service Commission 2. Has this perso�Rn ever been a city employee?
Yes No
3. Does this perso�rtn possess a skill not normally passessed by any
current city employee? �
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): �
The Board of Zoning Appeals granted a variance for tlris project. That decision was appealed to the City Council and the Council
oveit�uned the Boazd's decision and denied the variances.
AdvanfaqeslfApproved: .
Council action previously taken will be ratified.
Disadvantages If Approved: �
None.
�f?t�T:I� RP,4P,nrd`F �;�?r+�Pf°
DisadvanWAes If NotApproved:
If no action within sixty days the construction of this home would be allowed to take place.
Q
Total Amount of CostlRevenue Budgeted:
7rensaction:
Fundinp Source: Activity Number:
Financiai IMortnation:
Q�T u � 2�Q3
(ExPlain) �.�JI 1 i A'1� i �����
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OFFICE OF LICENSE, Il3SPECTIONS AND .
ENVIltONMENTAL PROTECTION
Janeen E. Rosas, Director
CITY OF SAINT PAUL
Randy C. Ke1ly, Mayor
June 10, 2003
Ms. Nancy Anderson
Council Reseazch OfFice
Room 310 City Hall
Saint Paul, NIlV. 55102
Deaz Ms. Anderson:
" I
- The Saint Paul City Covncil wil3.eon-I
duct a publie hearing Wednesday,
July� 23, 2003, at 5:30 p.in. in the City
Council Chambers, Thi=d Floor, City
HaH�Co.usthouse, 15 West Kellogg
Bovlevard; Saint Paul, MN, to consider
the appeal nf Mark'Mo"ser to a decision.
of the Board of Zoning Appeals graatiag
two variances in-order to cons,truct a
new-single family home on Ehe
corner of Gotzian and $ast Tlurd 5treet.
Dated: June�.6; 2003 � .. -.
NANCYANDERSON,�. .
P,ssistant City Council Secretary � � �
(•l:ane�l9j
� �`�mc+�*�nr,�x� . _..�_ �
zaossia�
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday,
July 23, 2003 for the following zoning case:
Appellant:
Zoning File #:
Purpose:
Location:
Staff:
District 4:
Board:
Mazk Moser, 489 Johnson Pkwy
03-295216
Appeal a decision of the Boazd of Zoning Appeals granting two variances in
order to construct a new single family home on the southeast corner of
Gotzian and E. 3rd Streets.
Vacant lot on the southeast corner of Gotzian and E 3' Streets.
Recommended approval
No recommendation.
Approved on a 6-1 vote.
I have confirmed this date with the office of Council Member Kathy Lantry. My understanding is that
this public hearing request will appeaz on the agenda of the City Council at your eazliest convenience
and that you will publish notice of the hearing in the Saint Paul I.egai I.edger. Thanks !
S' er ,
�
hn Hardwick, Zoning Specialist
LOWRYPROFESSIONALBUILD7NG Telephane: 651266-9090
Suite 300 Facsimile: 651-266-9099
350 St Peter Street 65I-266-9124
Sain[ Paul. Minnesoia 55102-1 "' "'-E. -.-.-.. °, >^ ,.<nm„
AA-ADA-EEO Employer
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APPLICATION FOR APPEAL
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25WestPF� ,�SO S7,/ .�� .ST�.
Saint Pau� MN SSIO2-I634 . _
(651) 266-6589
APPLICANT
PROPERTY
LOCATION
Zoning:it�ce:use oniy ;
File# " � ����� �
Fee...�i3CJ.,.� _}
Tenfa#ive.Etearrc�g Qate:
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Name��f � iV,��.�
Address �'(��'( .� 01,��, S�.n P� i� �;
City S't Pi�.. �� St. �� Zip SS (Cl�� Daytime Phone��:5�� (�O�l -�( j 2�
Zoning File
Address/L
�i
TYPE OF APPEAL: Appliaation is herehy made for art appea( to the;
❑ Board of Zoning Appeais � City Council
Under the provision of Chapter 64, Section Paragraph of the Zoning Code, to appeal a
decision made by the
on___��� �� 20�. File Number: ��� t�"/S o�1 ?°
(date of de�ision)
GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision
or refusal made by an administrative official, or an error in fact, procedure or
finding made by the Board of Zoning Appeals or the Planning Commission.
Se � d� �.��.e �
(attach additionat sheet ii necessary)
S(,�. � �. �s
Applicant'sSignaturey'���,�.�"--�.— Date��/� CityAgent �
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PETITION AGAINST BUILDING HOUSE ON THIRD & GOTZIAN
Address Phone # Sian�
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PETiTION AGAIN3T BUII,DING A HOME ON THE �
SOUTH�AST CORNER OF THIILD AND GOTZIAN STREETS
F1I.E NO. 03-295216
We, the undersigned residents neaz [he above-listed property, aze strongiy opposed to
erecting a single family home on that property for the following reasons:
Safety issues
a Traffic from Third Street heading east — several have lost controI of their
vehicles to that property when there have been icy conditions.
b. A child was killed by traffic several years ago (child of E�arry Smith,
previous owner) — a family with children should not Iive there because
there wili be no yazd.
c. Visibility is limited on that corner and putting another building there will
further reduce visibility and significantly increase risk to pedestrians and
motorisu.
d. The house that is on the next properry will be less than SEVEN feet away,
possibly creating a fue hazard for both buildings as well as a drainage
problem. �
e. The City uses that lot to leave excess snow when plowing — wiIl this mean
reduced quaiity of snow removal (creacing even more accidents)?
2. Property Values
a. Given the small size of the structure, will they be able to maintain the
structural heritage of the neighborhood? Will the house resemble the
bungalow and cape cod look of the other homes or be an eyesore?
b. The home is reported to be 22' x 22' and "legal" per zoning. Most
e�ciency apartments aze bigger than a garage-sized house.
c. We aze concemed that the proposed structure will be built for rental or
quick sale, eroding our property values.
3. The utiliry pole for the neighborhood electric, phone, street light, etc., that
support the neighborhood will be in the way of the construction, therefore,
causing interruption of service and proportional cost to the taxpayer.
We have also noted several points that ue against your own ordinance of zoning in
proximity to existing homes. It wouid NOT be comfortable for rhe Martinez househoId .
\
03-5�3
PETITION AGAINST BUII.DING A I30ME ON THE
SOUTH�AST CORNER OF THi�2D AND GOTZIAN STREETS
FILE N0.03-295216
We, the undersigned residents near the above-listed property, are strongly opposed to
erecting a singla family home on that property for the following reasons:
1. 5afeiy issues
a. Tra$ic from Third Sireet heading easi — several have lost controI of iheir
vehicles to �hat �ope�ty when there have been icy conditions.
b. A child was kiiled by traffic several years ago (chi3d of Hazry Smith,
previous owner) — a family with children shouid not liva there because
there will be no yazd.
a Visibility is limited on that corner and putting another buitding there wi13
further reduce visibility and significandy increase risk to pedestrians and
motorists.
d. The house that is on the next property wiil be less than SEVEN feet away,
possibly creating a fire hazard for both buiidings as well as a drainage
�rc>blem. - �
e. The �City uses that lot to leave excess snow when plowing — will this mean
reduced quality of snow removal (creating even more accidents)?
2. Property Values
a. Given the smail size of the structure, will they be able to mainiain the
structural heritage of the neighborhood? Will the house resemble the
bungalow and cape cod look of the oiher homes or be an eyesore?
b. Ths l�ome is reported to be 22' x 22' and "legal" per zoning. Most
efficiency apartments are bigger than a garage-sized house.
c. We aze concerned ihat the proposed structure wiil be built for rental or
quick sale, eroding our property values.
3. The utility pole for the neighborhood eleciri�, p�ane, street light, etc., that
�part tlae nei�fiborhood will be in ihe way of the conswction, therefore,
causing interruption of servit� aaset proportional cost to the ta�cpayer.
We have also noted several points that aze agaiast your own ordinance of zoning in
proximity to existing homes. It would NOT be comfortable for the Martinez household
�
a3 --S y3
� to have a house buili only a few feet from tfieir home. It WOIJLD create a safety hazazd
for traffic and fire, and it WII..L impair the Martinez light and air quality.
It appears that no one has taken the time to go to the property and view how the house
will be within a very few feet of t6e house at I254 Third Street. It would be advisable to
do so.
The property at 1254 E. Third Sh�eet was purchased January 2003 without the benefit of
knowing that exua lot was not part of their property or available for purchase. If a home
is buiit-less than seven feet away, it will significantly impact property values for both
homes.
�
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APPLICATION FOR ZONING VARIANCE
OFFICE OF LICENSE, INSPECTLON, AND
ENYIXONMENTAL PROTECTION
300 Lowry Professional Building
350 St Peter Street �
Saint Paul, MN 55102-I510
(651J 266-9008
Address f � i .�/ �-�.�; � �- 1�,.�?�
city l;��,�/_� �:��/�St.�Zip J1 /�. t� Daytime Phone %>1= ��i-J�9y
APPLICANT p�operty Interest of Applicant (awner, contract purchaser, etc.) �-�x..'�-'��T" ; ��t .�'c.1}��>cw�
PROPERTY
INFORMA7tON
Name of Owner (if different) �r'i3. �
Address / Location _ , . K � . �-;7 :��
�.��Se?wn.� � ir1 aY F'r71 5�� �C t�L 3 r/ f`d� .t*�
Legal Description /
(aftach additional sheet if necessary)
Lot Size Present Zoning�Present Use '�' iG i�A 1� i�
Proposed
�
1, Variance(s) requested: j c rk���'�� ��- F�'-° "'
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2, What physical characteristics of the property prevent its being used for any of the permitted uses in your
zone? (topography size and shape / o � f lot, s condllions, etc.�
�//��E.. fl` / L C; f` yNG'�_ �/! 'c:',.
3.
Explain how the stricf application of the provisions of the Zoning Ordinance would resutt in peculiar or
exceptional practical di�culties or exceptional undue hardships. /
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CASHIERS USE ONLY
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4. Expiain how the gra�tirtg of a variance will t be a su s ntial detrimen!
to the public good or a substantial impairment of the intent and purpose
of the Zoning Ordinance, , ��/� � ;
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APPLICATION FOR ZONtNG VARIANCE
OFFICE OFLICENSE, INSPECTION, AND
ENVIRONMENTAL PROTECTION
300 Lnwry Professional Building
350 St Peter Street �
Saint Paul, MN 55701-15I D
(651) 266-9008
Address 1 > �'i�J/ ,!-�� J.�- �. �`Pl/
City �i�i`-r_ j'�� St. ��Zip .� / Z--c� Daytime Phone I/J �" �`��-J/9�y
APPLICANT property Interest ofApplicant (owner, contract purchaser, ete.) �-x,>,,=.>cT ,�c .�c.1�=+s :
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PROPERTY
INFORMATION
Name of Owner (if different) j�'��� P
Address /
����.��+;a�;z..�l zY ,t�F�il'1 5 e� '�!G c �t.� i✓ t``� .f-`.
Legal Description /
(aftach additional sheet if necessaryJ
Lot Size Present Zoni�g�Present Use '�` i� r�R= f
�oposed
1. Variance(sj requested: ! G c7c�z�� -=c �`A' " ' I � �`t � ��'� � !3J ��
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2. What physi�ai xharacferistics of the property prevent its being used for any of the permitted uses in your
zone? itopo9ra�t�y soie and shape o! 30#, soil conditions, etc �
g',�`����_ � � L <, j � �ti�_ � � � �
3. Explain how the strict application of the provisions of the Zoning Ordinance would resutt in peculiar or
exceptional practical di�culties or exceptional undue hardships.
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A. Explain how ihe granting of a variance wili hot be a su�ntial defriment
to fhe pub�ic g�d ar a substantia! impairane�f of the irrtent and purpose
of the 2oning Ordinanse. t /� //
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CASHIERS USE ONLY
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1114Nt3
PROPER7Y WITHM 350 FEEi OF PARCEL• VACANT LOT ON THE SOUTNEAST CORNER OF GORUW & 3RD STREETS
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LIEP
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PROPER7Y WITHIN 350 FEEf OF PARCEL VACANT LOi ON THE SW7HEA5T CORNER OF GOTZIAN & 3RD STREET$
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PREP�RED BY: LIEP ,�
JUL 09�19 C1TY OF ST PRUL LIEP
CITY OF SATNT PAUL
BOARD OT ZUNING APPEALS RESOLUTION
ZONING FILE NUMBER: #03-295216
DA'�'E: May 27, 2003
6512669099 P.02/07
d3-9 �f3
WFIEREAS, Bill Fasbender has applied for a variance from the shict application of the
provisions of Section 61.101 of the Saint Paul Legislative Code pertaining to 1.) The required
&ont yard setback, and 2.) The required rear yard setback, of a new single family home with
attached garage in the R-4 zoning dish at 0- 3rd Street East; and
RTH$TtEAS, the Saint Paul Boazd of Zoning Appeals conducted a public hearing on May 27,
2003 pursuant to said application in accordance with the requizements o� Section 64.203 of the
Legislative Code; and
W�TEREAS, the ;iaint Paul Boazd of Zoning Appeals based upon evidence presented at the
public hearing, as substantially reflected in the minutes, made the folIowiz� findings of fact:
1. The property tn question cannot be put to a reasona6le use under the strict provisions of zhe
code.
The stzeets in. this part of the city were platted so that they intezsect at various angles. Tius
created severat trian�zlar shaped lots that aze difficeilt to buiId on under the strict provisions
of t�e code. Section 62.102 of the zoaing code states that any lot of record at the effective
date of adoption of the code is a buildable lot even though such a lot may not meet the
requirements for area or width that are applicable in the dishict. It further states that yard
raquirement vaziances may be obtained through the Boazd of Zoning Appeats. The applicant
is proposing to build a smal] single family home on this site and intends to live there. It is a
reasonable use for this property that cannot be accomplished under the strict provisions o£the
code.
2. The plight of rize land owner is due to circumstances unique ro rhis property, and these
circumstances were not created by the land owner.
The size and shape of Uus lot makes development of this site impossible without a variance.
This is a circurnstance that was created when the adjacent street was platted.
3. The pro,�osed variance is in keeping with the spirit and intent ofthe code, and is consistent
with the health, safely, comfort, morals and welfare of the inhabitants of the Ciry of St. Paul.
The Comprehexisive Plan encourages the developm$nt of new housing units in the city. With
a limited amount o£ land available it is necessary to be flexible when applying the current
Pagc 7 0! J
JUL-22-2003 09=19 CITY OF ST PAUL LIEP 6512669099 P.03/07
43-9y3
File #03-295226
Resolution
zoning standards for new developments to ackrieve this goal. The proposed owner occupied
sinale family home wiil be an asset Yo the neiohborhood and the requested variances aze in
keeping with the spirit and intent of the code.
4. The proposed vari¢nce wiZl not impair ¢n adequare supply of light and air to adjacent
property, nor will it alter the essential ch¢racter of the surrounding area or unseasonabZy
diminish established property values within the surrounding area.
This is a comer Iot with street frontages on what amounts to three sides. The proposed house
will xneet the required side yard setback on the only side that abuts residentiat property. The
requested variances will not have a significaut impact on the supply of li�.ht or air to adjacent
properties.
The applicant has designed a house that is proportionate to the size and shape of the lot. A
new owner-oc:cupied house on this site wiIl prevent ttte occasional illegal dumping and
parking that r,�pically occurs on a vacant lot. Since tlus is a comer lot, the impact of the
requested variances will be minimal ynd a new hoane on tkus site will benefit the
neighborhood.
5• The variance, zfg�anted, would not permit any use that i.r not permitzed under the provisions
of the code for the property in the district where the affected land is located, nor would zt
alter or change the zoning district class:ficatiorz of Yhe property.
The proposed variances, if they are branted, would not change or alter the zoning
ciassification of the property.
6. The request for variance is not based primarily on a desir¢ to increuse the vaZue or income
potential of th�a parcel of tand.
The applicant states that his primary desire is to construct an af�'ordable home for his family.
NOW, THEREFORE, BE TT RESOLVED, by the Saint Paul Boazd of Zoaing Appeals that the
provisions of Sectiott 61.101 are hereby waived to allow: 1_) A front yar@ setback of 20 £eet, and
2.) A rear yard setback o£ 15 feet. In order to build a new six�le family home with an attached
garage on property located at 0- 3rd Street East (Pin# 332922I40067); and le�alIy described as
A. Gotzians Re Of Sigel's Addition Lot 12 $tk 2g; in accordance with the applicarion for
variance and the sita plan on file with the Zoning Administrator.
Psge 2 of 3
JUL-22-2003 09�20 CITY OF ST PRUL LIEP 6512669099 P.04/07
, o3-S�t3
File #03-295216
Resolution
MOVED BY : Morton
SECONDED BY: ����a
Yl�T FAVOR: 6
AGA,�TST: �
1�ATLED: May 28, 2003
T—IME LIMT'T: No order of the Board of Zoning Appeals permitting the erec6on or
alterat�ou of a building or oif-street parlflng facility shall be valid for a
period longer than one year, naless a bnilding permit for such erection or
alterafion is obtained withip such period and such erection or alteration is
proceeding pursuapt to the terms of such permit. T1�e �oard of Zoning
Appeals or the G�ty Council may grant an extension not to exceed one year.
In granting such extension, the $oard of Zonipg Appeals may decSde to hold
a pnblic hearing.
��- Decisions of the Board of Zom'tng Appeals are final subject to appeal to the
C�ty Counca witLin 25 days by anyone affected by tlte decision_ Buiiding
permits shall not be issued after an appeai has been filed. If permits have
been issued before an appeal fxas been filed, then the permits are suspended
and construction shall cease until tLe City Conncit has made a�nal
determinafion of the appesL
CERTIFICATION: T, tLe undersigned Secretary to the Board of Zon�ng Appeals for the City of
Saint Paul, �nnesota, do hereby certify that I have compared the foregoing
capy with the origipai record in my o�ce; 2nd find the same fo be a true and
correct copy of said original and of the whote thereof, as based on approved
miuutes of the Saint Paul Bo�rd o# Zouing ApP¢aIs n�eeting Leid on May Z7,
2003 and on record in the Office of License Inspection apd Environmental
Protection, 350 St. Peter Street, Saint Paul, Minnesota.
SAINT YACJL BOARn OB ZONTNG .APpEALS
Debbie Crippea
Secretary to the Board
Psse 3 of 3
JUL-22-2003 09�20 CITY OF ST PAUL LIEP
6512669099 P.05/07
0 3 -9'�3
BOARA OF ZONTNG APPEALS STAFF X2EFORT
TYPE OF A.�PI.ICATTON:
A,kPLTCANT:
HEARING DA'FE:
LOCATZON:
LEGAI, DESCY2IPTION:
PLANNING DISTRICT:
PRES�NT ZONING:
i2EPORT DA'C1E:
DEADI,TiVE FOR AC�ON:
Major Variance
Bill Fasbender
May 27, 2003
ZOIVTNG CODE �2,�FERENCE; 61.101
VACANT LOT AT THE SOUTHEAST CORNER OF
GOTZIAN & 3RD STREET EAST
A. CrOTZIANS RE OF SIGEL'S ADbTTION LOT 12 BLK 28
4
12-4
May 14, 2003
July 4, 2003
�'TLE #03-295216
BX: John Hardwick
DATE RECEIVED: May 5, 2003
A. PY7TiPOSE: Two vaziances in order to build a new single family house with an attached
gazage. 1.) A front yard setback of 27 feet is required and a setback of 20 feet is pmposed
from E. 3`� S¢reet, for a variance of 7 feet. 2.) A reaz yard setback of 25 feet is required and a
setback of 15 feet is proposed, for a variance of 10 feet.
B• STI'� AND AREA CONDITIONS: This is a uiangular shaped lot of about 2,800 square
feet. 7he lot is relatively level and has no alley access.
Suxrounding Land Use: Primarily single family homes.
C. BACKGROIUNb: The applicant recently purchased this property and is proposing to build a
new single family home with an attached garage on the site.
D. FINDINCS:
1. The property in question cannot be put to a reasonable use under the strict provisions of
the code.
Page 1 of 3
JUL-22-2003 09�20 CITY OF ST PRUL LIEP 6512669099 P.06/07
. 03 -9�r3
File #03-295216
Staff Report
The streets in this part of the city were platted so that they intersect at vanious an4?:es.
This created several trzangulaz shaped lots that aze difficult to buiid on under the strict
provisions of the code. Section 62.102 of the zoning code states that any lot of record at
the effective date of adoption of the code is a buildable lot even though such a lot may not
meet the zequirements for area or width that are applicable in the distact It further states
that yard requirement vaniances may be obtaiaed through the Boazd of Zoning Appeals.
The applicant is proposing to build a small single family home on this site and intends to
live there. It is a reasonable use foz this property that cannot be accomplished under the
strict provisions of the code.
2. The plight of the land owner is due to circumstances uxique to this property, and these
circumstances were not created by the land owner.
The size and shape of this lot makes development of this site impossible without a
variance. This is a circumstance that was created when the adjacent street was platted.
3. xheproposed variance is in keeping with the spirit and intent ofthe eode, and is
consistent with the health, safery, comforr, morals and welfare of the inhabitants of the
Ciry of St. Pau1.
The Comprehensive Plan encourages the devetopment of new housing units in the city.
With a linrited amount of land available it is necessary to be flexible when applying the
cuirent zoaing standazds for new developments to achieve this goal. The proposed owner
occupied single family home wili be an asset to the neighborhood and the requested
variances are in keeping with the spirit and intent of the code.
4. The proposed variance will xot impair an adeguate supply of light and ai� to adjacent
properry, nor will it alter the essenrial character of the surrounding area os unreasonably
diminish established property values within the surroundi»g area.
This is a comer lot with street frontages on what amounts to three sides. The proposed
house will meet the required side yazd setback on the only side that abuts residential
property. 'the requested variances will noY have a signzficant impact on the sapply of
light or air to adjacent properties.
The applicant has desie�ed a house that is proportionate to the size and shape of the lot.
A new owner-occupied house on this site will prevent the occasional illegal dumping and
parking tha.t typically occurs on a vacant lot. Since this is a corner lot, the impact of the
requested variances wiIl be miniznal and a new home on this site will benefit the
neigYtborhQOd.
Y�B� z of 3
JUL 09�20 CITY OF ST PRUL LIEP 6512669099 P.07/07
a3 - 95�3
File #03-295216
StaffReport
S. The variance, if granted, would not permit any use that is not permfned under the
provisions of the code for the property in the district where the affected land is Zocated,
nor wou[d it alter or change the zoning dutrict classzfication of the property.
The proposed variances, if they are n�ranted, would not change or atter the zoning
ciassification of the pzoperty.
G. The request for variance is not based primarily on ¢ desire to increase the value os
income potential of the parcet of land.
The applicant states that his primary desire is to construct an affordable home for his
family.
E. Y�TSTY2ICT COUNCIL RECOMMEhTDATION: As of the date of thzs report, we have not
received a recommendation from District 4.
F_ CORRESPONDENCE: Staff has not received any correspondence regazdiz�; this matter.
G. STAFF RECOMM�DTAA,'TION: Based on findings 1 through 6, staff recommends
approval of the variances.
Page 3 0! 3
TOTRL P.07
o3-9Y3
� NIINUTES OF THE MEETING OF Tf� BOARD OF ZONING APPEALS
•_ CITY COL7NCII, CHAN�BERS, 300 CiTY HALL
ST. PAUL, MINNESOTA, TUESDAY, MAY 27, 2003
PRESENT: Mmes. Maddox, Morton, and Swindeman; Messrs. Courtney, Auckstad, Faricy, and
Wilson of the Board of Zoning Appeals; Mr. Warner, Assistant City Attomey; Mr.
Hardwick and IvFs. Crippen of the Office of License, Inspecrions, and Environmenta]
Protection.
ABSENT: Gregory Kleindl*
*Excused
Ttie meeting was chaired by 7oyce Maddox, Chau.
Bill Fasbender (#03-2952161 Vacant lot on the southeast comer of Gotzian & 3`" Streets•
Two variances in order to build a new single family house with an attached garage. 1.) A front yard
setback of 2 7 feet is required and a setback of 20 feet is proposed, for a variance of 7 feet. 2.) A rear
yazd setback of 25 feet is required and a setback of 15 feet is proposed, for a variance of 10 feet.
Mr. Hazdwick showed slides of the site and reviewed the staff report with a recommendarion for
approval.
. Two letters were received opposing the variance request. One from the properiy owner at 509 Gotzian
Street.
No correspondence was received from Dish 4 regarding the variance request.
The applicant BILL FASBENDER, 15871 Flute Way, Apple Valley, was present. Mr. Fasbender stated
he would like to buiid a small single family home to live in with his wife. He stated that he does a lot of
work in Wisconsin and living in St. Paul will murimize botla their drives to work. The house size tias
been adjusted several times to meet the needs of the City requirements. He feels that the house will not
impede on the neighbors and wilI improve the neighborhood.
There was opposirion present at the hearing.
Mr. Pat Telsrow, 1272 - 3"' Street, stated he is opposed to building on the smali lot because the house
will be dangerously close to the corner of Third & Gotzian which is a lugh traffic intersection. If the
house is built close to the corner people trying to turn left onto Third from Gotzian mighY have their view
obstructed by trees or shrubs. This is a very small lot and not only will the house be close to two busy
streets it would be extremely close to the house next door. The new house will have virtually no yazd,
neither front or back yazd. He believes that the proposed house will decrease the value of the home next
to it and cause all the homes on the block to decrease in value.
Mark Moser, 489 Johnson Parkway, stated that the next door neighbor is very concerned that if a house is
built on the lot he will lose a significant amount of yard and the value of his properry. He stated that a
� variance should not impede on anyone else's properry rights.
Ann Dempsey, 1260 - 3'� Sh�eet East, stated she agrees with her neighbors and thinks that this project
would crowd the block and make the area less appealing.
AA-ADA-EEO Employer
�,
File #03-295216
Minutes Tuesday, May 2Z, 2003
Page Two
Debra Sima, 1268 - 3' Street, stated sfie agrees with the neighbors as weIl.
Jose & Eveline Maztinez, 2254 - 3`� Street, stated that they did not know that lot was a vacant 1ot, they
had been told that up to the �ee was their praperty. Building on this lot will eliminate any yazd.
Ms. Fasbender stated that he understands the neighbor's concems. However, the City is short on land,
short on lots and this gives the City an oppofimity to allow an affordable house to be buiIt. The house is
small, square footage wise, but in relarionship to surrounding houses it wIll blend in wonderfully. The
house will be four feet off the property lines and they aze not seeldng any variances to get any closec to
the neighboring fiouse. It is being pusfied away as faz as possible.
Hearing no further tesrimony, Ms. Maddox closed the pubfic portion of the meeting.
Mr. Courtney questioned whether there was anything thaY could be done to still build the house and
accommodate the neighbors. Mr. Hazdcvick stated that the house itself is as small as it can be. The
minimum required size is 22-feet wide on all four sides. It meets all the required setbacks with the
exception of the front setback The only other thing that could be dane is to eliminate the garage and
make a surface pazldng space on the site, than the house could be moved back some. Even that would be
difficult to do white maintaining the required 4-foot setback This is pretty much the minimum of what
can fit on the lot.
Ms. Morton moved to appmve the vaziance and resolurion based on findings 1 through 6.
Mr. Duckstad seconded the motion, which passed on a roll call vote of 6-1(Courtney).
Submitted by:
7ohn Hardwick
Approved by:
Jon Duckstad, Secretary
C�
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AA-ADA-EEO Employer
��
03�9y3
File #03-295216
Minutes Tuesday, May 27, 2003
Page Two
Debra Sima, 1268 - 3'� Sh�eet, staYed she agrees with the neighbors as well.
3ose & Eveline Martinez, 1254 - 3'� Street, stated that ihey did not Imow that lot was a vacant lot, they
had been toid that up to the tree was their properry. Building on this lot will eliminate any yazd.
Ms. Fasbend� stat�d Slsat 3� zmdastands ihe neighbor's concems. Iiowever, the City is short on land,
short on lots and ihis gives the City an opportunity to allow an affordable house to be bw'2L The house is
small, square footage wise, but in relarionship to surrounding houses it will blend in wonder£ully. The
house will be four feeY off the property lines and they aze noL seekiug any variauces to get any closer to
the neighboring house. It is be�ng pushed away as far as possz3le_
Hearing no #'urther testimony, Ms, Maddox olased the public portion of the meeting.
Mr. Courmey ques6oned whether there was anything that could be done to srill build the house and
accommodate the neighbors. Mr. Hazdwick stated that the house itself is as small as it can be. The
minimum required size is 22-feet wide on all four sides. It meets all the required setbacks with the
exception of the front setback. The only other thing that could be done is ta eliminate the garage and
make a surface pazking space on the site, than the hoase could be moved back some. Even that wouid be
difficult tm do while maintaining 3he requiresi 9-foc�t sefbaa3c This is pretTy much the minimum of what
can fix on the lot.
Ms. Mortc>n moved ta approve the variance and resolution based on findings 1 through 6.
Mr. Duckstad seconded the morion, which passed on a rol] call vote of 6-1(Couriney).
Submitted by:
John �Ia�dwick
Approved by:
Jon Duckstad, Secretary
AA-ADA-EEO Employer
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�
Jun 1� �3 04:18p DBD4CC
���� � D a�ton
s Bluff
(6511774-3510
� � District 4 Communi
/ n \ 798 E. 7th Streei, Saint Paul, NIN 55106 • Phone 651-772-2075 • Fax 651-7743510
.. �sit our web site az www.daytonsbtuff.org
June 9, 2003
Kathy Lantry
CouncilMember
Office of the City Council
I S West Kellog Hlvd, Suite 32QC, City Hall
St. Paul, MN 55102
Dear Councilmember Lantry:
•
The Daytoa's Bluff District 4 Community Council at our Board of Directors meeting on
June 9, 2003 passed a resolurion in supporting of the appeai of the variance on the vacant
lot on the southeast comer of Gotzian and Third Street. We aze in support of this appeai
bases on the attached purposes.
Please give this a consideration. Foc more information, call me at 651-772-2075. Thank
you.
Sincecely,
�� � ��
Karin DuPaul
Communiry organizer
�
�� Creating a sense of place and a place that malces sense ����
.ruN-ie-� is:si
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Council
651 774 3510 95i
P Ll7
Jun 30 03 �4:18p ➢HD4CC (653)774-3510
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pE1TTION AGAINST BUII,DING A HOME ON TF�
SOUTHEAST CORNER OF Tf�IRD APFD GOTZIAN STREfiTS
FILE NO. 03-295216
We, the undeisigned residents near the abov�listed property, aze suongiy opposed to
ececring a singte family home on that property for the foliowing reasons:
2.
p.3
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5afety issues
a. Traffic from Th'srd Stree[ heading east — severai have lost control of t6eir
vehicles and siid into the property when tl�ere have been icy conditions.
b. Visibility is limited on thai corner and putting snother building there will
further ceduce visibility and sigaifican@y inccease risk to pedestrians and
motoriscs. A child was killed by haffic several years ago (chiid of Harry
Smith, previous owner).
c. The house that is on the next property will be less than SEVBN feet away,
creating a fire kazazd for both buildings as well as a drainage problem_
cL The City uses that lot to [eave excess snow when piowing — wi23 this mean
reduced quality of snow removal (creating even more accidents)?
Property Values
a. Given the small size of the structure, will [hey be able to maintain the
stzuctural heritage of the neighborhood? Will the house resemble the
bungalow and cape cod took of the other homes or be an eyesore?
b. The home is reported ro be 22' x 22' and "legal" per zoning. Most
efficiency aparanents are bigger than a gazage-sized house.
c. We aze concemed that the proposed shucture will be built for cental or
quick sale, ezoding our proQerty values.
3. The urility pole for the neighborhood etecttie, phone, stteet light, etc., that
supporc the neighborhood will be ia the way of the construction, thereFore,
causiag interruption of service and proportional cost to the taxpayer.
Ws have also noted several points that are against your own ordinance of zoning in
proximity to existing homes. It would NOT be comfortable for the Maztinez household
to have a house built only a few feet from their home. It WOLJLD create a safety hazard
for traffic and fire, and it WIL.L impair the Martinez light and air quality.
•
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JUN-10-2003 15:51 651 774 3510 9.Si o a�
Jun 30 03 04:18p ➢HD4CC (653)774-3510
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pETITION AGAINST BIIII.DING A HOME ON Tf�
SOUTHEAST CORNER OF T'�IIRD APFD GOTZLAN STREETS
FtI.E NO. 03-295216
We, the undezsigned msidents neaz rhe above-listed property, aze strongly opposed to
erecting a single family home on that praperty for the foliowing reasoas:
�
03-�'i
03- �
Safety issues
a. Traffic from Third Street heading east — several have lost control of their
vehicles and siid into the propetty when there have been icy conditions.
b. Visibility is limited on chat corner and putting anothez building there will
further reduce visibility and significantly increase risk to pedestrians and
motorists. A �hild was killed by traffic several years ago (child of Hazry
Smith, �revious owner).
c. The house that is an the neact pr�perty will be less than SEVEN feet away,
creating a fire hazard for both buildings as we11 as a drainage problem.
d. The City uses that lo[ to teave excess snow when piowing — will this mean
reduced quality of snow removal (creating even more accidents)?
P:oparty Values
a. Given the small siz� of ihe structure, will they be able to maintain the
strvctural heritage of the neighborhood? Will the house resemble the
bungalow and cape cod look of the other homes or be an eyesore?
b. The home is reported Lo be 22' x 22' and "legal" per zoning. Most
efl'iciency apamnents are bigger than a gazage-sized house.
c. We aze concemed that the proposed structure will be built fot rentai or
quick sale, eroding our property valv�c.
3, �e utility pole far ti�e neighborhood eIectcic, phone, sueet light, etc., that
sapptsrt ti�� neighborhood will be in the way of the consnuction, therefore,
causing interruption of secvice and proportionai cost to the taxpayer.
We have also noted several points that are against your own ordinance of zoning in
proximity to existing homes. It wouid NOT ��omfA�table for the Matcinez household
fo have a house buili ouly a f$a� #eeL $�m t�eic hc�m�e. 7t 1�VflUi D exeate a safety hazard
far craffic azid fire, and i� YdLF.t, impaic the �Vlartinez �ight and air qualiry-
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JUN-16-2003 15�51 651 774 3510 q5i o az
Jun SO �3 04:i8p DHD4CC (651)774-3510 ,� u
.— -- � a! J+ .��
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It appeazs that no oae has tatcen the dme-FO go to the pmpecty and view how the house
wii2 be withiu a very few feeY of the aouse at 2254 Third Street. It would be advisable to
do so.
The property at 1254 E. Third Street was purchased January 2003 without the bene5t of
knowing that extra lot was not part of their �zoperty or available for purchase_ If a home
is built tess than sevea feet away, it witl significantly impact property values fot both
homes.
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TUN-10-20R3 ��:a� ��. __' __._