03-969Council File # d3 91�9
Resolution #
Green Sheet # �lTh.%� l �
INNESOTA
Presented By
Re£erred To
Committee: Date
��
1 WHEREAS, pursuant to Minn. Stat. §462.357 and Saint Paul Legislative Code §64.400, Mike
2 Vitcak and Nancy Hayne, Zoning File #03-337-435, duly petitioned to rezone property legally described
3 as Albright Addition Lot 2 and ex S 4 Ft Lot 3 Blk 1, and Albright Addition Part of Alley as Vac in TS
4 Doc No 514349 & the S 4 Ft of Lot 3& All of Lot 4 Blk 1, PIN s 27-29-22-42-0049 and 27-29-22-42-
5 0048, commonly known as 905 Kennard and 895 Kennard, from R4 One-Family Residential to RT1
6 Two-Family Residential for the purpose of converting the house at 905 Kennard to a duplex; and
8 WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on
9 September 4, 2003, for the purpose of considering the rezoning petition, where all persons interested
10 were given an opportunity to be heard, and at the close of the public hearing, based on all the records
11 an testimony, the Zoning Committee recommended that the rezonings be denied; and
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WHEREAS, the Planning Commission considered the rezoning petition and the Zoning
Committee's recommendation at its meeting on September 12, 2003, and also recommended thatthe
City Council deny the rezonings; and
WHEREAS, notice of public hearing before the City Council on said rezoning petition was duly
published in the official newspaper of the City on October 2, 2003, and notices were duly mailed to
each owner of affected property and property situated wholly or partly within 350 feet of the property
to be rezoned; and
WHEREAS, a public hearing was conducted before the City Council on October 22, 2003, where
all interested parties were given an opportunity to be heard, and the City Council, having considered
all facts and recommendations concerning the rezoning, voted to deny the rezoning for the following
reasons:
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The properties are located in an area that is mostly homogeneous single family residential, with
only a few scattered duplexes.
The property at 895 Kennard is jointly owned by Nancy and Karen Hayne, but only Nancy Hayne
signed the application for rezoning. The City Attorney has clarified that all owners of property
proposed for rezoning must sign. Since Karen Hayne is opposed to the rezoning, the application
for the rezoning of 895 Kennard is insufficient and should be denied.
The properties at 895 and 905 Kennard do not meetall ofthe criteria established bythe Planning
Commission for rezoning to RT-1. Rezoning of 905 Kennard alone would constitute spot zoning;
therefore, the Saint Paul City Council does hereby
0 3 -9�9
39 RESOLVE,thatthepetitionofMikeVitcakandNancyHaynetorezonepropertylegallydescribed
40 as Albright Addition Lot 2 and ex S 4 Ft Lot 3 Bik 1, and Albright Addition Part of Alley as Vac in TS
41 Doc No 514349 & the S 4 Ft of Lot 3& All of Lot 4 Bik 1, commonly known as 905 Kennard and 895
42 Kennard, from R4 One-Family Residential to RT-1 Two-Family Residential is hereby denied.
Adoption Cex
By:
Approved by
By:
Requested by Department of:
Plannin & Economic D el meit n
I
By:
V
Approved by Financial Services
By:
Form Approved by City Attorney
Adopted by Conncil: Date �� �-(/J�
d3 �9�.q
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmenHoffice/wuneii: Date Initiated:
PE — P��ng&EconofficDevelopment 2�-03 Green Sheet NO: 3007196
CoMact Person & Phone: ���ent SeM To Person InfiaVDate
PatriCia James � 0 Ianoin & Economie D velo
6-6639 p55j9n 1 lannin & Economic Develo De artoent Dir Mr �
Must Be on Council Agenda by (Date): Number Z � Attam �� ./�
OSNOV-03 F�
Routing 3 a or•s OfSce Ms or/Assis nt
Order 4 ouncil
5 ' Cierk Ci Cierk
7ota1 # of Signature Pages _(Clip AU Locations for Signature)
Action Requested:
Approve Resolution
Recommendations: Approve (A) or Reject (R): Personal Service CoMrects Must Answer the Following Questions:
Planning Commission 1. Has this persoNfirtn ever worked under a contract for this departmenY?
CIB Committee Yes No '
Civil Service Commission 2. Has this personffirm ever been a city employee?
Yes No
. 3. Does this person/firm possess a skill not normally possessed by any
curtent 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):
City Council adopted morion of intent to deny rezoning; resolution must be adopted at next meeting or the rezoning is approved.
AdvanWges If Approved:
City Council denial is effected.
DisadvanWqes If Approved:
None
Disadvantages If Not Approved:
City Council action will be overtumed and re�oning will be approved.
Total Amount of CosURevenue Bud eted: 3 •°-
9 �`aOEif=�'� �°e,^-r;:;' �.. ; '.'�p
Transaction: � �
Funding Source: Activily Number:
Financial Information: v�l�7 �+ s7 ��i3,8
(Explain) -
DEPARTMENT OF PLANNING
& ECONOMIC DEVELOPMENT
Martha G. FuQer, Director
CITY OF SAINT PAUL
Randy C. Ke[Ty, Mayor
September 25, 2003
Ms. Mary Erickson
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Dear Ms. Erickson:
25 West Pourth Street
Saint Paul, MN 55102
03-9�9
�
Telephane: 651-266-6626
Facsimile: 651-228-.�34]
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday October
22, 2003, for the following zoning case.
Zoning File Number:
Applicant:
Address:
Purpose:
Previous Action:
03-337-435
Vitcak & Hayne
895 & 905 Kennard, between York & Stillwater
Rezone from R-4 Single-family Residential to RT-1 Two-family Residential
to allow a duplex.
Zoning Committee Recommendation: Deny, 7-0, September 4, 2003
Planning Commission Recommendation: Deny, unanimous, September 12, 2003
I have confirmed this day with Councilmember Dan Bostrom's office. My understanding is that this public
hearing request will appear on the agenda for the City Council meeting and that you will publish notice of
the hearing in the Saint Paul Legal Ledger. Please call me at 266-6639 if you have any questions.
`I/� , . ��t� /J
Patricia James
City Planner
cc: File #: 03-337-435
Applicant: Vitcak & Hayne
Paul Dubruiel
Wendy Lane
Carol Martineau
Allan Torstenson
_ � _NOTICS OF PIJBII6` �d� �
Tke SaiaE Paul City-C'oimcil w5Il coR-
duct a public hearing on WedaesdaR Oe-
tober 22, 2003, at 5:30 � p lyd Floore Ci y
Couacil Chambers,
Ha11-Courthouse, 35 R'est Ke116gg
Boulevaid, Saint Paul, MN. to consider
the applicatioa of Pitcak & AsSae t°�
zone �P?'�PertY from R k <s�ngle-famil9
residential�to B.T-1(two-famil9 reaidea-
pal) to allow a duplex at 895 `and 905
Xennard Street beLween York and Sfill-
waterAvenues. _
DBte�- 3eptember 26 2003 �
_ . MARYERiCHSON
- �� Assistant City Couucil Secreta=9
. Ioctober 2) , -
� gC rADL 78Gt1L 7� ,
'2' �' 7 �
AA-ADA-EEO Employer
DEPART�IENT OF PLrVVNNG
& ECODiObIIC DEVELOPMENT
�Llnrthn G FuZler, Direcror
03 -96q
1=1
CITY OF SA1NT PAUL
Randy C. Ke1(y, Mayor
October 13, 2003
Ms. Mary Erickson
City Council Research Office
Room 310 City Hall
SaintPaul, Minnesota �5102
25 WestFourth Street
SatntP¢ui. �47.N5510?
� ,�3
Telephone. 65l-166-6700
Facsimile: 6�7-2?8-3110
Re: Zoning File #: 03-337-435 �
Applicant: Vitcak & Hayne
Address: 895 & 905 Kennazd, between York & Stillwater,
Purpose: Rezone from R-4 Single-family Residential to RT-1 Two-family Residential to
allow a duplex.
City Council Hearing: October 22, 2003
530 p.m., City Council Chambers
• Staff Recommendation:
Dislrict Council:
Zoning Committee Recommendation:
Support:
Opposirion:
Plannmg Commission Recommendation:
Staff Assigned:
Approval for 905 Kennard and denial for 895 Kennard
District 2 recommends denial for both 895 and 905 Kennard
Deny both 895 and 905 Kennard, vote: 7-0
None
2 letters and 1 petition
Denial, vote: Unanimous
Pahicia James, 266-6639
Attachments: Planning Commission resolution
Planning Commission minutes, September 21, 2003
Zoning Committee minutes, September 4, 2003 (draft)
Correspondence received
Staff Report packet
cc: Applicant: Vitcak & Hayne
City Council Members
District Council: 2
Wendy Lane
Larry Soderholm
Allan Torstenson
Peter Wamer
•
AA-dDA-EEO Emplayer
b3-9to 9
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city of saint paul
planning commission resolution
file number o3-so
d ate Se tember 12, 2003
WHEREAS, Vitcak & Hayne, File # 03-337-435, have appiied to rezone from R-4 Singie-family
Residential fo RT-1 Two-family Residential under the provisions of §64.400(b) of the Saint Pau4
Legisiative Code to allow a duplex on properties located at ES5 & 905 Kennard, Parcel
Identification Numbers (PIN) 27-29-22-42-0048 and 27-29-22-42-0049, legally described as
ALBRIGHT ADDfTION LOT 2 AND EX S 4 FT LOT 3 BLK 1; and ALBRIGHT ADDITION PART
OF ALLEY AS VAC IN TS DOC NO 514349 & THE S 4 FT OF LOT 3& ALL OF LOT 4 BLK 1;
and
WHEREAS, the Zoning Committee of the Planning Commission, on September 4, 2003, held a
public hearing at which ali persons present were given an opportunity to be heard pursuant to
said appfication in accordance with the requirements of §64.300 of the Saint Paul Legislative
Ccda; ard
WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its
Zoning Committee at ±he public hearing as substantially reflected in the minutes, made the
following findings of fact:
The applicants are requesting rezoning from R-4 to RT-1. The owners of the property at
905 Kennard wish to convert the existing house to two units. The owners of the
property at 895 Kertnard, located between 905 Kennard and the existing RT-1 area,
have no plans to add a urit.
2. The Planning Commission has established guideline standards for rezonings to RT-1.
These standards and how the properties conform to them are as follows:
a. Lot size of at least 6,000 sauare feef with a/ot width or front footage of 50 fee!. The lot
at 905 Ker.nard has an area cf 8,160 sq. ft. and a wid±h of ^08 ieet, mesting the criierion.
895 Kenc�ard has a width of 40 ft. in front and 50 ft. in the rear. Inciuding half the
remaining adjacent alley for the purpose of applying lot area requirements under
§63.104 of the code, 895 Kennard has a lot area of 6,000 sq. ft. The alley, although not
vacated, realistically provides access oniy to the house at 895 Kennard and the
properties next door to the south. Both lots meet the lot width and area standard.
b. Gross living area after completion of fhe conversion of af leasf 1, 800 sq. ff. for the two
unifs. The house at 905 Kennard wiii have 2,952 sq. ft., meeting the second criterion.
moved by Field
seconded by
in favor Unan�mous
against
Zoning File # 03-337-435
September 12, 2003
Page 2
•
c. In fhe case of existing houses, fhree off-sfreet parking spaces (non-stacked) are
preferred; two spaces are the required mrnimum.... A site plan showing improved
(durable, permanent, dustless surface) parking spaces must be provided. The exisfing
house at 905 Kennard has a 2-stail garage, meeting the minimum standard. in addition,
a parking pad has been created in the front yard, which accommodates fwo additional
spaces. Pictures submitted by the applicant show that a vehicle is also sometimes
parked in the driveway, making three vehicles parked in the front yard. Since parking in
a required front yard is illegaf, the parking pad shouid be removed. There is room in the
rear of the Iot for a third parking space. Access to the parking in the rear needs to be
available for both units.
d. The property is located in a mixed density nerghborhood, nof in a homogeneous single-
family area or in an area where duplexes and friplexes are already concenfrated to the
poinf of congesting neighborhood streets. The properties are located in an area that is
mostiy hamogeneous single family residential, with oniy a few scattered duplexes.
e. A code compliance inspection has been conducted prior to the Zoning Committee's
decision and the unit is found to be up to the housing code standards or the property
owner has agreed to make the necessary rmAroveme^fs !^ bri.^.g rt fe housir,g ccde
compliance. The property owner at 905 wiA be converfing the house under building
permits issued by the city, which includes inspection for housing code compliance.
f. An economic feasibility analysis has been conducted 7`or those cases where econornic
hardship is claimed as one reason for fhe rezoning requesf. Economic hardship is not •
being claimed for this rezoning request.
3. The property at 895 Kennard is jointly owned by Nancy and Karen Hayne, but only Nancy
Hayne signed the application for rezoning. The City Attomey has ciarified that aii owners of
property proposed for rezoning must sign. Since Karen Hayne is opposed to the rezoning,
the application for the rezoning of 895 Kennard is insufficient and should be denied or
withd rawn.
4. The properties at 895 and 905 Kennard do not meef all of the criteria established by the
Pianning Commission for rezoning to RT-1. Rezoning of 905 Kennard alone would
constitute spot zoning.
NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission
recommends to the City Councif fhaf the application of Vitcak & Hayne for a rezoning from R-4
Singie-family Residential to RT-1 Two-family Residentiai at 895 Kennard and 905 Kennard be
denied.
•
b3- 9(09
• Saint Paul Planning Commission
City Hall Conference Center
15 Kellogg Boulevard West
iVIinutes of September 12, 2003
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u
CJ
A meeting of the Planning Commission of the City of Saint Paul was held Friday, September 12, 2003,
at 830 a.m in the Conference Center of City Ha11.
Commissioners
Present:
Commissioners
Mmes. Fazicy, Zimmer Lonetti, Morton, and Shortridge; and Messrs. Alexander,
Alton, Anfang, Dandrea, Field, Fotsch, Gordon, Johnson, Kramer, and Mejia.
Absent: Mmes. *Donnelly-Cohen, *McCall, and *Trevuio; and Messrs. *Kong, and *Mazdell.
*Excused
Also Present: Lany Soderholm, Planning Administrator; Allan Torstenson, Allen Lovejoy,
Lucy Thompson, Patricia 7ames, Joel Spoonheim, Allen Cazlson and Mary Bruton,
Department of Plannin� and Economic Development staff; and Tom Beacl�, LIEP
staff.
I.
II.
111.
Approval of Minutes of August 22, 2003
MOTION: Commzssioner Johnson moved approval of the minutes of August 22, 2003.
Commissioner Lonetti seconded the motion. The motion carried unanimously on a voice vote.
Chair's Announcements
No announcements.
Ylanning Administrator's Announcements
Mr. Larry Soderholm reported on the City Council business:
City Council business on 9/3/03:
The Arcade Street moratorium is being amended again to allow a Dollar Tree Store.
Purchase of six parcels along South Wabasha Avenue for bluff preservation and stabilization.
Council agenda for 9/I7/03:
- The plat for Payne Avanue townhouses along Swede Hollow.
- The rezoning for Morelii's.
- Adoption of Saint Pau1 Grand Round Niaster Plan, which provides the framework for
continued implementation of the parkway and greenway network that connects nei�hborhoods
with regional pazks and the Mississippi River.
Mr. Soderholm announced that the grand opening at Upper I,anding will be on Thursday,
September 1&`�, from 4:00 -7:00 p.m., and that on Sunday, September 21�` , the bronze Peanuts
sculptures wIll be unveiled at 1:00 p.m, in Landmuk Plaza,
N. pUBLIC AEARIi\TG: Riverview Corridor Station Area Plans -
Item from Neighborhood & C�u�rent Planning Committee
(Allen Lovejoy, 651 /266-6576 and Penny Simison, 651 /266-6554)
Mr. Allen Lovejoy stated that this plan looks at 19 station areas running--from southwest to
northeast--along West Seventh, through downtown, along East Seventh Street, and up VJhite Beaz
Avenue, Task forces have developed individual station area plans for each station area as well
as some overall concepts for the corridor. Mr. Lovejoy stated that this p1an was originallq
started as part of a 46.1 million dollaz ptoject, but the state legislature then took away 40 million.
This plamiing effort, which is prunarily a land use and urban design plan, is one of the three
activities undertaken with flte residual money from that original Iazga project. Mr. Lovejoy
asked the commission to hold the public heazing open untiT October 10`�. This plan does not
contemplate acquisition of any property for the development of the stations [hemselves. Mr.
Lovejoy stated that Metro Transit's Sector 5 Transit Redesign Study looks at unproving service
on major corridors. There will be improvements on West Seventh Street and hopefully on East
Seventh Street and White Bear Avenue; however, funding for metro transit remains a struggle.
This plan lays out specifics for rezoning at about half of the station areas, including, in some
cases, progosals for TN zoning.
Commissioner Gordon stated that this plan was developed by three task forces: the East Side,
chaired by Commissioner Ksamer; VJest Side, chaired by Commissioner Gordon; and
Downtown, chaired by Commissioner Mardell. Commissioner Gordon s[ated they invited
interested parties and stake holders within each of the areas to participate in the planning. Ae
thanked everyone involved.
Chair Morton read the rules of ptocedure for the public heazing. Notice of the hearing was
published in the Saint Paul Legal Ledger on August 25, 2003, and was mailed to the citywide
early notification system and other intecested parties.
Chaiu i�ioeton rwiced ii anyone wanted to speak. There were no speaicers.
MOTION: Commissianer Gordon maved ta close the public hearing and to keep the public
record open until 4:30 p.m., on Friday, October I0, 2003, and refer the matter back to the
Comprehensive Planning Committee.
Mr. Lovejoy stated that when he briefed district counciis it became apparent that they were not
goin� to have their speci8c comments ready for today's meeting and some of them will not be
ready for the next pubIic hearing in two weeks; that is one of the main reasons staff asked to
extend the public hearing record.
The motion carried unanimously on a voice vote.
•
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2
o3-4b9
• V• Zonine Committee
OLD StiSII�'ESS
Commissioner Field gave the Zoning Committee report of September 4, 2003.
#03-302-277 Grand Investors 2001. LLC - Site plan review for a one-story commercial
development with parking on roof. 1060 Grand Ave., SE corner at Oxford. (Tom Beach,
651 /266-9086).
Commissioner Field stated that District 16 recommends denial. One parry spoke in support.
Twenry parties spoke in opposition. He stated the [estimony occurred in June and July, and then
this case was laid over for a ttaffic study. The public hearing is closed. Commissioner Field
stated that based upon the information which was presented at the public hearing along with the
staff work which was done subsequently, the Zoning Committee, on a vote of 4-3 (Gordon,
Morton, Faricy), with 1 abstention (Alton), recommends approval with conditions.
Commissioner Field stated that the Commissioners have in front of them today a letter dated
September 11, 2003, from the applicant asking the Planning Commission to lay this matter over
untii September 26, 2003. The applicant agrees to extend the deadline for Planning Commission
action (pursuant to Section 15.99 of Minnesota Statutes) for an additional two weeks from
September 13, to September 27, 2003.
• MOTION: Commissioner Gordon moved to lay tha matter over to September 2fi'` , consistent
with fhe request by the appdicant, and to refer the matter back to the Zoning Committee for
their consideration of any additional information at their September l8"` meeting.
Commissioner Field seconded the motion.
Commissionez Kramex asked what was the purpose of the layover since the public hearing is
closed, and what do we expect to possibly happen at the Zoning Committee. Mr. Tom Beach
stated there was a meeting with the developer and the Summit Hitl Association, and as a result of
that meeting they asked for a lay over. Mr. Beach said there would be more discussion in the
next two weeks and the purpose for the layover is to see what comes out of that.
Commissioner Gordon stated that was his understanding as communicated by Mr. Beach and that
is why he supports the lay over. Commissioner Gordon stated to the extent the developer and the
neighborhood can resolve their concerns, that should be allowed and encouraged.
The motion carried unanimously on a voice vote.
Mr. Soderholm referred to a handout to ttie Commissioners about legal requirements for denial of
zoning applications. The 2003 state legislature made some additions and changes to the "60-Day
Rule" for actions on zoning applications. Peter R�arner of the Ciry Attomey's Office wrote a
memo in Auaust that explains the changes in detail, which the Zoning Committee will discuss.
The main change for the Planning Coznmission relates to the procedure for denying any
application. If the proper procedure for deniai is not foltowed, [he application is automatically
• approved. The neneral principle is when the Planning Commission denies a zoning application, it
3
must do so in writing and must give the reasons for the denial. Mr. Soderholm addressed more •
specifically what the Zoning Committee and the Pluuiing Commission must do.
#03-322-886 Crai¢ & Trac� Niulholland - Rezoning from B-2 Communiry Business to
B-3 General Business to allow outdoor saies. 615 St. Anthony, NE Corner at Dale.
(AllenLovejoy, 651/266-6576)
Commissioner Field stated District 8 recommends denial of the rezoning and approval of Ehe
Conditional Use Permit. No one spoke in support. No one spoke in opposition. The public
hearing was ciosed. The Zoning Committee recommended denial on a vote of 7-0.
MOTION: Commissioner Field moved the Zoning Committee's recommendation to deny the
rezoning. The motion carried unanimausZy on a voice vote.
#03-316-896 CraiE & Tracv Mulholland - Conditional Use Permit for outdoor sales of sporting
equipment, fresh produce, designer clothes, fireworks and food concessions. 615 St. Anthony,
NE comer at Dale. (Allen Lovejoy, 651/266-6576)
Commissioner Field stated District 8 recommends approval of the Conditional Use Permit. No
one spoke in support. No one spoke in opposition. The public hearing was closed. The Zoning
Committee recommended denial on a vote of 7-0.
MOTION: Commissioner Field moved the Zoning Corrzmittee's recommendation to deny the
Condilaonad Use Perrrsit. The motior� carried unanimously on a voice vote. •
NEW BUSINESS
Q3-337-730 Internarional Academv of Minnesota - Deternvnation of Similar Use
to allow a private junior high boarding school operated by a for-profit corporation.
325 Dayton Ave., NW comer at Farrington. (Allen Lovejoy, 651/266-6576)
Commissioner Field stated District 8 recommends approval. One party spoke in support. No
one spoke in opposition. The public hearing was closed. The Zoning Committee recommended
approval on a vote of 7-0.
MOTION: ComtnissionerField moved the Zoning Committee's recommendation to.approve the
Deterrrtination of Similar Use. The motion carried unanimously on a voice vote,
03-337-433 Minnesota Humaniries Commission - Conditional Use Permit for rental
halllreception hall. 987 Ivy Ave., bet�veen Forest and Earl. (A[len Lovejoy, 651/266-6576)
Conunissioner Field stated District � recommends approval. One party� spoke in support. No
one spoke in opposition. The public hearing was closed. The Zoning Committee recommended
approval of the Conditional Use Permit with conditions on a vote of 7-0.
MOTION: Corrcmissioner Field moved the Zoning Committee's recommendakon to approve the
Conditianal Use Pernzit with condilions. •
03-9��
• Commissioner 7ohnson stated he testified on this item at the Zoning Committee meeting, and by
the Planning Commission's Rulzs of Procedures hz must therefore abstain from the vote on this
matter at this tune.
The motion c¢rried unanimously on a voiee vote with I abstention (Johnson).
03-337-434 Concordia tiniversitv - Sign varianc2s to allow a 121 sq, ft. wall logo
on the librazy and a 212 sq. ft. wa111ogo on the theater. 30 sq. fr. sio s are allowed.
275 Syndicace St., SVJ corner of Hamline and Concordia. (Patricia James, 651/266-6639)
Commissioner Field stated no comment was received. No one spoke in support. No one spoke
in opposition. The public hearing was closed. The Zoning Committee reeommended approcal of
the sign variances on a vote of 7-0.
NIOTION: Commissioner Field moved the Zoning Committee's recommendation to approve the
Sign Variances. The motion earried unanimously on a voice vote.
� 03337-435 Vitcak & Havne - Rezone from R-4 Single-family Residential to RT-1 Two-famIly
Residential to allow a duplex. 895 & 905 Kennard, between York & Stillwater.
(Patricia James, 651/266-6639)
Commissioner Field stated District 2 recommends denial. No one spoke in support. One party
spoke in opposition. The gublic hearing was closed. The Zoning Committee recommended
• denial on a vote of 7-0.
MOTION: Commissioner Field moved the Zoning Committee's recorrcmendation to deny the
rezoning. The rrzotion carried unanimously on a voice vote.
03-337-436 Wang Kou Van2 - Conditional Use Permit for limited greenhouse agriculture.
1340 Point Douglas Rd. S., S of Carver Ave. (Patricia .7ames, 65l /266-6639)
Commissioner Field stated no comment was received. No one spoke in support. No one spoke
in opposition. The public hearing was closed. The Zoning Commit[ee recommended approval
with conditions on a vote of 7-0.
MOTION: Commissioner Field moved the Zoning Committee's recommendatiorz to approve
with corcditions the Condidonal Use Permit. The motion c¢rried unanimously on a voice vote.
Commissioner Field announced the agenda for the Zoning Committee meeting on September 18,
2003.
OLD BUSINESS
#03-302-277 Grand Investors 2001. LLC - Site plan review for a one-story commercial
development with parkin� on roof. 1060 Grand Ave., SE comer at O�ord. (Tom Beach,
651/266-9086)
• 5
NEW BUSINESS
Q3-346-161 LaGrolla - Appeal of zoning administrator's decision denying a site plan for a parking
lot with alIey access. 452 Selby Ave. (Tom Beach, 6i1/266-9086)
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VII.
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03-347-203 Imaeinalitv - Sign vaziance to allow a 5%z foot projection (1 foot allowed). 281 E.
KelIogg, NW comer at Broadway. (Patricia James, 6.i1/266-6639)
03-33�-�82 Che Ku - Li Chen Chow - Rezoning from B-2 Community Business to B-3 General
Business for a mortuary. 955 W. Minnehaha Ave., east of Chatsworth. (Patricia.7ames,
651/266-6639)
Comprehensive Planning Committee
District 1('iVorth Ouadrantl T'IP' Plan. Third Amendment - Approve resolurion finding TTF
District expansion consistent with the Comprehensive Plan. (Allen Carlson, 65I/266-6616)
MOTION: Commissioner Gordon moved the Comprehensive Planninp Commiltee's
recommendation to approve the District I(North Quadrant) TIF Plan, Third Amendment,
stating the amendment is consistent wuh the Corrtprehensive Plan. The motion carried
unanimously on a voice vote.
Neighborhood and Current Planning Cowmittee
Commissioner Shomidge gave the Neighborhood & Current Planning Committee report stating
the committee meets next Wednesday, September 17�', 8:30-10:00 a.m. The following items are
on the agenda:
- District 1 Plan Summary - consider public heazing testimony, recommend action to full
Couimission (materials enclosed). (Penny Simison, 65U266-65�4)
- St. Thomas Campus Expansion EAW - set Committee public heazing date.
(DonnaDrummond, 651/266-65.i6)
- Merriam Park Community Plan - release draft area plan summary, set Commission public
hearing date (materials enclosed). (Donna Drwnmond, 651/266-65�6)
- Ka�� ikI�ki: :VIaster P[an - i:if ;.aaticnal ite�.. cn:y. (I,ucy TS�orrpson, 651/255-65'8j
Communications Committee
No report.
Task Force Reports
Commissioner Johnson stated the Sunray Area P1an Task Force has not met since the last
Planning Commission meeting. Penny Simison is preparing a drafr document which will be
circulated aiound the end of September.
Commissioner Shortridge reported on the Cesar Chavez Street Renaming Advisory Committee.
•
•
•
03 -y6 y
They have held their public meetings on the East Side and the �Vest Side, and tluee stLeets
• (Concord Street, State Street, and Plato Blvd.) weie proposed as candidates. There will be a bus
tour next Tuesday. They will eather more information on the financial unplications of the street
renaming and then decide their piiorities for ienaming. Commissioner Shortridge stated that
after the advisory committee makes its recommendations, and the Aistoric Preservation
Commission will review their work and also make a recommendation to the City Council. The
Council is expected to take the matter up about a month after the recommendations are given to
them.
Commissioner Dandrea reported on the University-Dale TOD task force. Their most recent
meeting was on September 4`� , where Mayor Kelly and Councilmember Blakey held a press
conference and revealed plans for the library proposal. Commissioner Dandrea reported that
consultant Hay-Dobbs presented the results from previous meetings and some surveys. The next
task force meeting will be on September 18`� .
In Commissioner poimelly-Cohen's absence, Mr. Soderholm reported that t17e Hamm's Brewery
Task Force has interviewed consultants to evaluate the reuse potential of flie Hamm's buildings on
the south side of Minnehaha. They selected Miller Dunwiddie Architects, the firm that worked on
the State Capitol and the CathedraL Their main practice is historic preservation.
X. Old Business
None.
• XI. New Business
Zoning Amendment for Off-Sale at Brew Pubs - Approve letter to City Council supporting the
proposed amendment. (Larry Soderholm, 651/266-6575)
Mr. Soderholm stated that the City Council had passed a resolution asking the Planning
Commission to study a zoning amendment to allow the off-sale of "growlers"(large, screw top,
beer contaniers) by brew pubs. Brew pubs previously have not been allowed to do off-sate sales,
but tlus year state law was changed to allow it subject to local regulations. The City Council has
akeady adopted licensing provisions, but fliere is also a restriction in the Zoning code. Mr.
Soderholm discussed the Council req��est with Chz;r Morton aed they decided the si*ngles±
response from flle Pianning Commission would be a letter from the Chair. The memo in the packet
explains the issue. Mr. Soderholm did not think the proposed amendment required assignment to a
committee or a public hearing. The draft letter says the Planning Commission supports the
proposed "growlers" amendment to the Zoning Code and thinks it will be beneficial to some
restaurants and will have no negative effects on Saint Paul neighborhoods.
MOTION: Commusioner Fatscli movett to approve tlze letter to the City Councit supportzng the
proposed,Zonina Amendrrzentfor OJf-Sale at Brew Pubs. Commissioner Gordon seconded tlze
motion. Tke motion carried unanimousty on a voice vote.
•
XII. Adjournment •
Meeting adjourned at 9:22 a.m.
Recorded and prepared by
Mary Bruton, Planning Commission Secretary
Planning and Economic Development Department,
City of Saint Paul
n � •yc� � �
Approved � f'
(Date)
�� -e__ Qe�/�nJa�n-i •
George Tohns n
Secretary of the Planning Commission
•
PED�Bruton\Minutes\September 12, 2003
Respectfully submitted,
03-96 q
MINUTES OF THE ZONING GOMMITTEE
Thursday, September 4, 2003 - 3:30 p.m.
Cify Councii Chambers, 3rd Floor
• City Hail and Court House
15 West Kellogg Boulevard
PRESENT:
ABSENT:
STAFF:
Alton, Anfang, Faricy, Gordon, Kramer, Mejia, and Morton
Field
Patricia James Carol Martineau, Allan Torstenson
The meeting was chaired by Commissioner Kramer.
Vitcak & Hayne- 03-337-435 - Rezone from R-4 Singte-family Residential to RT-1 Two-family Residential
to allow a duplex. 895 & 905 Kennard, between York 8� Stiliwater
Patricia James presented the revised staff report with a recommendation of approval for 905 Kennard and
denial for 895 Kennard for the rezoning. A letter in opposition to the rezoning both properties was received.
At the question of Commissioner Alton, Ms. James clarified that the application for 895 Kennard was not
su�cient because both owners had not signed. A letter from one of the owners opposing the rezoning was
received.
Upon question of Commissioner Morton, Ms. James explained that this is not a spot zoning because there is a
large area of property to the south that is zoned for duplexes and this is not inconsistent with the surrounding
area.
chael Vitcak, the applicant, stated he woufd answer questions and explained the location of the proposed
plex. He stated they do meet the requirements for the rezoning.
No one spoke in support.
Chuck Repke, District 2 Representative, stated District 2 opposes the rezoning because of concerns that the
rezoning could have a downward spiraling effect in the neighborhood and explained that this area is not zoned
RT-1. He also turned in a petition with 17 signatures in opposition fo the rezoning. Fie admitted a letter of
explanation into the record.
Michael Vitcak reiterated that there were multiple duplexes in the neighborhood which would not constitute the
rezoning as spot zoning and he afso question the validity of the petition.
The public hearing was closed.
Commissioner Anfang moved the staff recommendation for denial for 895 Kennard and denial because of spot
zoning for 905 Kennard. Commissioner Mejia seconded the motion. Commissioners Alton, Faricy, Gordon,
Morton, and Kramer agreed with commissioners Anfang and Mejia that rezoning 905 Kennard would be a spot
zoning.
Adopted Yeas - 7 Nays - 0
Drafted by: Su�ed by:
-, ��
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Carol Martineau Patricia James
Recording Secretary Zoning Section
Approved by:
Richard Kramer
Chair
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03 —g G g
SERVING THE NEIGHBORHOODS OF vOR'I'HEASTERN $AIN'I' PAUL
i
September 4, 2003
Saint Paul Plannuig Commission
Zoning Committee
PED
25 West Fourth Street
Saint Paul, MN 55102
Bear Commissioners,
FROST LAKE � H[LLCREST
The District 2 Community Council Physical and Neighborhoods Issues Committee met
on September 3, 2003 to discuss the proposed rezoning of 895 and 905 Kennard Slareet
The applicants presented their case and five neighborhood residents appeared to speak in
opposition. Our office also received several phone catls from neighbors who live near
the property who also oppose the rezoning. We did not have any community members
speak in favor of the proposal.
The neighbors were surprised that this house had the potential to be rezoned as a duplex
and were particularly surprised that the north side of Stillwater from Kennard to Germain
• is already zoned RT-1. All ofthe properties on the north side of Stillwater from Kennard
to Germain aze single-family structures. The neighbors all expressed concern that the
conversion of the single-family home into a duplex couid have a downward spiraling
effect on their community.
After hearing the testimony of the applicant and neighbors the PDII committee voted to
oppose the rezoning from R-4 to RT-i and would utge the Zoning Committee of the
Planning Commission to find the following exceptions to the staff report:
H. Findings 2.
a. Lot size, the lot at 895 Kennazd has a width of 40 feet aY the front of the lot
The Plauniug Commission guidelines require a lot width or frorn foo#age of 50
feet. This language would dictate that the most important measurement in an
irregularly shaped lot is the frontage. The lot at 895 Kennazd does not meet
this requirement. — Although half of the width of the alley may be used to
determine lot size (and therefore the required azea) no meution in the code is
made that the alley may be used to determine frontage. One could argue that
one of the reasons for the emphasis on frontage is to accommodate on street
parking for a duplex and the addition of an alley would no facilitate this but
instead detract from it.
•
PARKWAY/GREENBRIER • BEAVER LAKE HEIGHTS
PROSPERITY HEIGHTS � HAYDEN HEIGHTS
PHALEN VILLAGE � LMCOLN PARK
EAST PHALEN � HAZEL PARK
1961 SHERwoOD AvENUE • SaIrrT P.aUL • MN • 5 5 1 1 9-3 230 • PHONE: (651) 774-2220 • F.vc: (651) 774-2135
d. The properiy shall be located in a mixed density neighborhood, not a •
horr�oaeveous sinale-fasnily area. '1`he properry is locate� in thP laraest
contiguous R-4 zoning district in the Hazel Park neighborhood and one of the
largest on the East Side. The one block RT-1 zoning district that these
properties are attempting to attach their spot zoning to has no duplexes on the
north side of Stillwater and only three duplexes on the south side of Stillwater.
This is as "komogeneous single-family area," as we have on tne East Side. Ii
the zoning Committee views tius neighborhood as"mised density" that it
mig�± as well decl�re the entire East Side as "nixe� density."
Based on findings 2a and 2d we would urge the Zoning Committee to deny the rezoning
from R4 to RT-1
Sincerely
��`z2�� �
Chuck Repke
Executive Director
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ZONING CODE
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Supp. No. 1
733
o3-9�S'
ZONING COMMITTEE �TAFF REPORT
• FILE # 03-337-435
1. APPLICANT: Mike Vitcak; Nancy Hayne HEARING DATE: 9/4/03
2. TYPE OF APPLICATION: Rezone
•
3. LOCATION: 905 and 895 Kennard St. (West side between York and Stillwafer)
4. PIN & LEGAL DESCRlPT10N: 27-29-22-42-0048; Albright Addition Lot 2 and ex S 4 Ft Lot 3
Blk 1. 27-29-22-42-0049; Albright Addition Part of Alley as Vac in Ts Doc No 514349 & the S 4
Ft of Lot 3& All of Lot 4 Blk 1
5. PLANNING DISTRICT: 2
6. ZONING CODE REFERENCE: § 60.420; §64.400(b)
PRESENT ZONING: R-4
7. STAFF REPORT DATE: 8/27/03 REVISED: 9/4/03 BY: Patricia James
8. DATE RECEIVED: 8/1/03 DEADLINE FOR ACTION: 9/30/03
A. PURPOSE: Rezone from R-4 One-Family Residential to RT-1 Two-Family Residential to allow
one single family house and 1 duplex
B. PARCEL SIZE: 905 Kennard: 68 ft. (Kennard) x 120 ft. = 8,160 sq. ft.
895 Kennard: 40 ft. (Kennard) x 120 ft. + vacated �'ley = 5,260 sq. ft.
C. EXISTING LAND USE: both properties are single family residential
D. SURROUNDING LAND USE: The area to the east, north, and west is predominantly single
family residential in the R-4 zoning district. An RT-1 district to the south contains single family
and 2-famiiy structures.
E. ZONING CODE CITATION: § 60.420 lists uses permitted in the RT-1 zoning district;
§64.400(b) provides for changes to the zoning of property initiated by the property owner.
F. HISTORY(DISCUSSION: None
G. DISTRICT COUNCBL RECOMMENDATION: No recommendation was received from District 2
at the time this staff repoR was prepared.
H. FINDINGS:
The applicants are requesting rezoning from R-4 to RT-1. The owners of the property at
905 Kennard wish to convert the existing house to two units. The owners of the property at
895 Kennard, located between 905 Kennard and the existing RT-1 area, have no plans to
add a unit.
•
2. The Planning Commission has established guideline siandards for rezonings to RT-1.
These standards and how the properties conform to them are as follows:
Zoning File # 03-337-435
August 20, 2003
Page 2
�
�
c.
Q
e.
Lot size of at least 6, 000 square feef with a lot width or front footage of 50 feet. The lot
at 905 Kennard has an area of 8,160 sq. ft. and a width of 68 feet, meeting the
criterion. 895 Kennard has a width of 40 ft. in front and 50 ft. in the rear. Including half
the remaining adjacent atley for the purpose of applying lot area requirements under
§63.104 of the code, 895 Kennard has a lot area of 6,000 sq. ft. The alley, aithough
not vacated, realistically provides access only to the house at 895 Kennard and the
properties next door to the south. Both lots meet the lot width and area standard.
Gross living area after completion of the conve�sion of at least 1, 800 sq. ft. for the two
unrts. The house at 905 Kennard will have 2,952 sq, ft., meeting the second criterion.
In the case of existing houses, three off-streef parking spaces (non-stacked} are
preferred; iwo spaces are the required minimum.... A site plan showing improved
(durable, permanent, dustless surfaceJ parking spaces must be provided. The exisfing
house at 905 Kennard has a 2-stall garage, meeting the minimum standard. In
addition, a parking pad has been created in the front yard, which accommodates iwo
addifionat spaces. Picfures submiffed by the appiicant show that a vehicle is also
sometimes parked in the driveway, making three vehicles parked in the front yard.
Since parking in a required front yard is illegal, the parking pad should be removed.
There is room in the rear of the lot for a third parking space. Access to the parking in
the rear needs to be available for both units.
The property is located in a mixed density neighborhood, nof in a homogeneous single-
family area or in an area where duplexes and triplexes are already concentrated to the
point of congesting neighborhood streets. T�he properties are located in an area that
meets this standard. There is a mix of single family and duplex structures in the blocks
surrounding these parcels, but there is not a concentration of duplexes.
A code compliance inspection has been conducfed prior to the Zoning Committee's
decision and the unit is found to be up fo the housing code standards or the property
owner has agreed to make the necessary improvements to bring it fo housing code
compliance. The property owner at 905 wil: be converting the house under building
permits issued by the city, which includes inspection for housing code compliance.
An economic feasibrlity analysis has been conductad for those cases where economic
hardship is claimed as one reason for the rezoning request. Economic hardship is not
being ciaimed for this rezoning request.
3. The properties at 895 and 905 Kennard meet the criteria established by the Pianning
Commission for rezoning to RT-1. The properties can be rezoned by extending the existing
RT-1 zoning district to encompass these two lots, alleviating concerns about spot zoning.
The proposed zoning is consistent with the surrounding uses and provides for reasonable
use of the property.
4. The property at 895 Kennard is jointly owned by Nancy and Karen Hayne, but oniy Nancy
Hayne signed the application for rezoning. The City Attomey has clarified that ali owners of
properry proposed for rezoning must sign. Since Karen Hayne is opposed to the rezoning,
the appfication for the rezoning of 895 Kennard is insufficient and should be denied or
withdrawn.
•
•
I. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the •
rezoning of 905 Kennard from R-4 One-Family Residential to RT-1 Two-Family Residential and
denial of the rezoning of 895 Kennard.
PETITION TO AMEND THE ZONtNG CODE
Departmext ofP[anning and Economic Developmenf
Znning Section
1400 City HaZI Annex
25 West Fourth Street
Saint Paul, !YIIV" SSIO2-I634 � _-^ %s �
(65I) 266-6589 �S;<,� r'y.�r,
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APPLICANT
PROPERTY
LOCATION
Property Owner � + �cy �
City ,$T. 1 l St.
Contact Person (if
S'SlD� Daytime Phone
Address / Location cjOS �u��+� S� °� 89.; ( 5� ��
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Legal
Z-or 2 -+-
� r � CurrentZoning �'
(attach additional sheet if necessary) '-
TO THE HONORABLE MAYOR AND CITY COUNCIL:
Pursaant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues,
1 , owner of land proposed for rezoning, hereby petitions you to
kezone the above described property from a /� '� zo�ing district to a �� �_
zoning district, for the purpose of:
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(attach additional sheets if necessary)
Attachments as required; ❑ Site Plan
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Subscribed and sworn to before me
this � f day
of , 20�.
•
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Notary Pubtic c
�O(. A. MARTINEqU
NO7ARY P{JgU�. MINNESO7A
MYCOMMISSION
EXPIRES JAN. 31. 2pp5
� Consent Petition
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Fee O er of Property
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Zonin� File # 03-337-434
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Zoning File # 03-337-434
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Zoning File # 03-337-43
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Zoning File # 03-337-43�
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Zoning File # 03-337-�#34
• CITIZEN PARTICIPATIO DIS RICTS
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GREATER EAST SI�E
3.WEST SIDE
4.DAYTON'S BLUfF
5.PAYNE-PHALEN
6.NORTH END
7.THOMAS-DAtE
8.SUMMIT-UNIVERSITY
9.WEST SEVENTH
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12.ST. ANTHONY
13.MERRIAM PK.-LEXIN6TQN HAMLINE
14.6ROVELAN�-MACALEST�R
l5.HIGHIAND
16.SUMMIT HILL
17.DOWNTOWN
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