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04-1066Council File # v� �v�O `� Resolution # Green Sheet # 3 ° a �` J �� RESOLUTION OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 1 WHEREAS, John Webb, in Zoning File 04-121-918, applied for establishment of legal 2 nonconforming use status as a tri-plex for property located at 673 Lincoln Avenue and legally described as 3 CIC NO 468 KOOKABURRA CONDO UNIT NOs. 1, 2 and 3, Property Identification Numbers 02-28-23-41- 4 0240,02-28-23-41-0234,02-28 WHEREAS, the Zoning Committee of the Saint Paul Planning Commission conducted a public hearing on September 16, 2004, upon giving proper notice and in which all persons appearing were given an opportunity to be heard and, at the close of the hearing, voted to recommend Approval of the Establishment of Nonconforming Use Permit; and WHEREAS, on September 24, 2004, the Saint Paul Planning Commission, based upon all the records and files before it and the recommendation of the Zoning Committee, moved to approve the establishment of legal nonconforming use status based upon the findings of fact as set forth in Planning Commission Resolution No. 04-89; and WHEREAS, pursuant to the provisions df Saint Paul Legislative Code § 61.702, the S�mmit Hill Association duly filed an appeal from the determination made by the Planning Commission and requested a hearing before the City Council for the purpose of considering actions taken by the said Commission in Zoning File 04-163-914; and WHEREAS, acting pursuant to Saint Paul Legisfative Code § 61.702 and § 61.704 and upon notice to affected parties, a public hearing was duly conducted by the City Council on October 27, 2004, where all interested parties were given an opportunity to be heard; and WHEREAS, The Council, having heard the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Planning Commission does hereby RESOLVE, that the Council of the City of Saint Paul does hereby reverse the decision of the Planning Commission in this matter based upon the following findings of the Council: § 62.109(a)(2) is not met. The building was in compliance with the zoning code for a duplex as found by the zoning inspector on September 3, 1986. From1987 to 2002, the next owner of the property used the main house and connecting addition as a licensed foster care home for up to 7 teenage girls, while the carriage house was occupied by others. Foster homes are a conforming use in the RT1 Two-family Residential District. A triplex is first permitted in the RT2 Townhouse Residential District. Therefore, a use of similar intensity permitted in the same clause of the zoning code or in a more restrictive zoning district has not been existence continuously for a period of at least ten years prior to the date of the application. 2. § 62.109(a)(4) is not met. The applicant has not shown that hardship wouid result if the use as a tripiex is discontinued. 45 46 47 48 49 50 51 52 53 54 55 o�t— �c� �� 3. The Planning Commission has established guidelines for applications for nonconforming use permits for triplexes. These guidelines lay out additional, more quantitative factors to consider in determining if the required findings listed in §62.109 of the Zoning Code can be made. The guideline regarding a lot size of at least 8,000 sq. ft. with a frontage of 50 ft. is not met. The lot size is therefore insufficient for a legal nonconforming triplex. AND BE IT FURTHER RESOLVED, that the appeal of the Summit Hill Association be and is hereby upheld; and be it FINALLY RESOLVED, that the City Clerk shall mail a copy of this Resolution to the Summit Hill Association, John Webb, the Zoning Administrator and the Planning Commission. Requested by Department of: Plannina & Economic Development By: Approved by Financial Services Adoption Certi£ied By: Approved by By: Council Secretary By: Form Approved by City Attorney �1�: ��✓G�wvri-�-- 11-2--�`l by Mayor for Submission to Council By: Adopted by Council: Date ��a�m� �� d`f � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Departmentloffice/council: I Date Inkiated: co -�� ; a�-NO�-� Green Sheet NO: 3024106 ConWCt Person & Phone: CouncilmemberThune 266-8620 Must Be on Council Agenda by (Date)- 03-NOV-64 � Assign Number For Routing Order � 0 iConncii 1 ouncil � Deoarlment Director 2 "tv Clerk � 3 4 5 � Total # of Signature Pages _(Clip All Lowtions for Signature) inrciauoate Action Requested: Memorializing City Council action taken October 27, 2004 granting the appeal of the Summit Hill Associarion to a decision of the Planning Cotntnission approving the establistunent oF a tdplex as a legal nonconformuig use at 673 Lincoln Avenue. Rewmmendations: Approve (A) or Planning Commission CIB Committee Civil Service Commission must Answer tne Followmg cluest�ons: 1. Has this person/firm ever worked under a contrad for this department? Yes No 2. Has this person/firm ever been a ciry employee� Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No E�cplain all yes answers on separete sheet and aHach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvantaqeslfApproved: Disadvantages If Approved: Disadvantaqes If Not Approved: Trensaction: Funding Source: CosURevenue Budgeted: Activity Number: Financial I nformation: (6cplain) DEPARTMENTOFPLANNlNG & ECONOMIC DEVELOPMENT Susan Kimberly, Director CITY OF SAINT PAUL Randy C. Kelly, Mayor 25 N��est Founh Street Saint Paul, MN 55102 0 `f �o� � Telephone: 651-266-6700 Facsimil e: 651-228-3220 � t � -. �� 3 � . ��, . __„_ _ October 6, 2004 Ms. Mary Erickson City Council Research Offce Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: �� I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, October 27, 2004, for the following zoning case. Zoning File Number: 04-163-914 Appellant: Summit Hill Association Address: 673 Lincoln Avenue, between St. Albans and Dale Purpose: Appeal of Planning Commission decision approving the establishment of this triplex as a legal nonconforming use Previous Action: Zoning Committee Recommendation: Approval, 3- 2(Kramer, Morton) September 16, 2004 Planning Commission Recommendation: Approval, 14-5 (Donellly-Cohen, Kramer, Johnson, McCall, Morton„ September 24, 2004 I have confirmed this day with Councilmember Thune's office. My understanding is that this public hearing request will appear on the agenda for the October 20, 2004, 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. � '. �' ��' !� Patricia James City Planner cc: File #: 04-163-914 Appellant: Summit Hill Association, Jim Harrison James Lynden John Webb Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson ,v OTICE OF PUBLIC HEARING . . � e Saint PauY City Coimci� valll con- duct a public hearing om 4Ve�esday,. O� tober 27. 2004, at 530.p.m..in the Ciry Council'Cfiambers, Tliird F1oor, City tlatl, to consider the appeal of the Summit Hill Assoaafion on a decision of the Planping Cornaciss5on appraving the estab]ishment of a tripleac as a legai nanconfoxTni�ig use at 673 Lincoln Avenue, b8tween St. Albans and Dale. - Dated: October 8, 2004 MARY ERICKSON, � Assistant City Councit Secretary .. (Oc[obe� 14} � —= S1: PAUL LEGAL LEDGER ---'__= I 22087163 AA-ADA-EEO Employer DEPARTMENT OF PLANNING ffi ECONOMIC DEVELOPMENT � Susm� KimberZY, Dirutor CITY OF SAIN'T PAUL Randy C Kelly, Mayor October 18, 2004 � 25WestFourthSbeet Telephone:651-266-6700 SaintPau[,MN55702 Facsimile:6i1-228-3220 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesofa 55102 Re: Zoning File #: 04-163-914 Appellant: Summit Hill Association Address: 673 Lincoln Avenue, between St. Albans and Dale Purpose: Appeal of Pianning Commission Approval of Establishment of Legal Nonconforming Use Status as a triplex (Zoning File # 04-121-918) City Council Hearing: October 27, 2004, 5:30 p.m., City Council Chambers Staff Recommendation: • District Council: Zoning Committee Recommendation: Support: Opposition: Planning Commission Recommendation: Staff Assigned: • Denial Deniai Approval, vote: 3- 2(Kramer, Morton) 0 people spoke, 0 letters were received 4 people spoke, 2 petitions/letters were received Approval, vote: 14-5 (Doneilly-Cohen, Kramer, Johnson, McCall, Morton) , Patricia James, 266-6639vQ� Attachments: Planning Commission resolution Planning Commission minutes, September 24, 2004 Zoning Committee minutes, September 16, 2004 Correspondence received Stafif Report packet cc: Zoning File #: 04-163-914 Appeliant: Summit Hill Association Applicant: John Webb Representative: James Lynden City Council Members Wendy Lane Larry Soderholm Alian Torstenson Peter Wamer AA-ADA-EEp Employer D`i-10� APPII� Depar(m, Zoning S I400 City 25 West 1 �� Saint Paa (65Z) 266 APPLICAIcIT . _ . _ .. _. - :�...�r. '� PROPERTY Zoning File Name �Q �T!^1 '1[�g�� c� � -/ �,; -` � 7 � LOCATlON Address / tocation-�r �..� L. �` C � � tJ£ T; Z,i �- TYPE OF APAEqL: AppGcation is hereby made for an appeal fo the: � Board of Zoning Appeais �Ciry Council Under the provision of Chapter�Section ?D �- Paragraph di the Zoning Code, to appeai a decision made by the on �-Q.�r.2riF @� G� 204� . Fle Number: gL} '� / �{ = �' 1 � , (da e of decision) GROUNDS FOR APPEAL: Explain why you feei there has been an ercor in any.�equirement, permit, decision or refusal made by an administrative official, or an error in facC, procedure or finding made by the Board of Zoning Appeals or the Pianning Commission. �� w� �� Q�� (attaah additionel sheet rt rtecessary) - � �C �;pz3 �� \ �� o � , � y � ,/ Appiicant's Signature r �v� . r 1 �v � / Date �Q�� '�" City Agent � ' • �.. � TEXT OF T'HE GROUNDS FOR APPEAL BY THE SLTMMIT HII.L ASSOCIATTON/DISTRICT 16 PLANNING COUNCIL OF PLANNING COMIVIISSION APPROVAL OF A NONCONFORNIING USE STATUS FOR 673 LINCOLN AVENUE AS A TRIPLEX : SHA Text of Grounds for Appeal (in italics� (Disputed Planning Commission Resolurion 04-89 findings of fact in bold type) (1) This property has legal status as a duplex with nonconforming lot characteristics. The two legal units include the main house and the rear "carriage house" attached to the garage. An additional unit has been set up in the addition that connects the two houses. Three off-street parldng spaces are provided: two in a garage and one adjacent to the garage. (1) The applicant stated that there is a fourth living unit on the third floor of the main house occupied by two adults. We believe the third parking space next • to the garage is too small to satisfy minimum requirements. 2. (2) (Code lan�uage) The use or use of similar intensitv uermitted in the same clause of the zoning code or in a more restrictive zoning district has been in existence continuouslv for a neriod of at least ten vears nrior to the date of auplication. (Finding) This condition is met. The applicant states that previous uses of the building include a roouung house and a halfway house. A city inspector documented the house as a duplea on September 3, 1986. From 1987 to 2002, the negt owner of the property used the main house and the connecting addition as a licensed foster care home for up to 7 teenage girls, while the carriage house was occupied by others. Foster homes are permitted in the RTl 'I�vo-family Residential Disfrict. A triplea is first permitted in the RT2 Townhouse Residential District. However, a triplex is of similar intensity to the use as a duplex including a foster home. 2. (2) The previous use for seven teenage girls in a foster home does not constitute a similar intensity of use as the present occupancy by seven adults with vehicles causing parking and traff c congestion. If the many single family homes with large families in our District were to seek conversions to triplexes e on these grounds, we would expect the city to deny them. � .-t�t ►� � Summit I - - District 1S Planning.Cou " ' _ _ � 860 Sair�t Cleit Ave� Saint PaW, MiqaesoYa 55i0S _ - - . - - `Telephone 65�i-222 1222 - - _ . _ _ - _ _ . Faz 654 222-1558 _ - e-mail summit.hi4l�ci stpaui:mn.us. - September3, 20.94 .. - Saint Paul City Ptannmg Commission J JATTN`. Zoning'Goritmif�ee - _ " _ � , -C!O Allan T�rste�son .- - . , - ` _" . _ " - .. Departrtient.of P(anning and Eeon�rx��c DevetopFlient - � `T400 Cify`Hall, Anitex _ - - _ ` • , ' _ 251Nesf F�urfh S#reef - � - -Sai� �t �'atif, lVtiiines�ta5510-2='t634 . : ' , RE: Zonir�g Fi[e Number�04 121 918, Norr=�onforraii�►g UsePermit-for John 7lVeb�i `� - at 673 �ineoln Ave,r�ue . . � _ . . .. . . . . . . � , Dear�Merr�bers of the Pfan�iing Commission �onfng. Commi�tee: - . ''At Yhe second meeting of fhe �is#riet 16 CouiialfSuminit Hili Assoc"ratiot� Zoning ��d Land Us� ;, �or�mittee rega�ding this mafter ort September 9;"200,4; applica��JoCin We6b anii his atforr�ey ,= .. .�ames Lyndert presented a revtsed appfication for a fn plex-irtstead of the originally sorrght four-plexat 673 Eiricotn A�renue =-After an �iour apd one-haif of c�iscussiorr and,questior�s � includirtg ob�ectioris regisYered� by several nefghbors; #he eommit�ee votecl unanirnously fo adopt ._...: tlie foltowing posifior� ori the rQVised;:plan: _' '_ - - = If is.recommended that#he apppcafion foF a non-corrfocming use as a:trt-plex : be denied-beca�se. (1}the-use is not_simiiar in den§ity to#hat for-whick� �he -. - properEy=had been preyiously�used; (2} off streef insu�eiert�; (3,).the - apprcantcreated, any _harctship fhat may resu[��€rorii.de�ial of the pe�mit; �4J #Fie. .± �se wiH be detrirriental'tathe immediate aeighborhood�.(5j the use.isiiot- .aonsistent wittr the,city comprehensive plan.ar the proposed:new District 1.E plan; anc� f8 j ti�e uairdfi�i of the.petitio�, p� esen�es: b�r:the a}salacant :� the city.h3s been ealled ��fo q�restion, by;at'least one;of:the neigfib�rs virho signed. it: tn a�fdif�o.n, -. = - � an amendri�ent added by the:commiftee stafed. tl�at-this.proposal; if approvetl �nrouid�set a dangeraus precedent for fh'e,neigfaborhood. ;.-'. - ' DiStriat �6 Ctiuneif. re�resenCatiV�s will .be preSeFlt a�-fhe Septembe[ � 6, 26Q4 hearing:forthe � resche:du�ed cDnsideration nfthis matter and can elaFiorate:on.-t#�e rationale for the.above ._� recomme�idation.. " . _ , _ ._ - _ - _ _ �. . . ,- - >, . : - � - - gi _.e 6qyou`, _ : . � _ � " " N� �m G�d7� - ' . son, .Chair; �oning and Larx! Use Commi�#ee , . __ - - � �"cc: John Wet�b . . - . _ . . ' Jarries Lynden. - . - � o4-tor,� ci�y of saint paul �planning commission resolution file number 04-89 �� Se�tember 24, 2004 WHEREAS, John Webb, File � 0?-921-918, has appiied to =sfa5(ish fegal nonconforming use status as a tripiex under th2 provisions of §62.'109(a) of che Saint Paui Legislat)ve Code, for propery located at 673 Lircofn Avenue, Parcel identificafion Number (PIN) 02- 2g_23-41-0240, 02-28-23-41-0234, 02-28-23-41- 0241 lega�ly descrioed as CIC NO 468 KOOKABURRA CONDO UNIT NOs. 1, 2 and 3; and WHEftEAS, the Zor.ing Commiftee of the Pfanning Commission, on September 16, 2�04, h24d a prsb4ic hearing at which aii persons present were given an opportunity to be heard pursuant to said application in accordance with the reauirements of §6�.303 of the Saint Paul Legisfative Code; and WHEREAS, the Sainf Paul Planning Commission, based on the evidence presented to ifs Zoning Committee at the public hearing as rafiecfed in t"e minutes, r^ade the foilowfng iindings of fact: 2. • This property has legal stafus as a duplex with nonconforming lot characteristics. The two legal units inciudz the main house and fhe rear "carriage house" attached to the garage. An additional unit has been set up in the addition that connects the two houses. Three off-street parking spaces are provided: two in a garage and one adjacent to the garage. Section 62.'i 09(a) of the zoning code provides that the Planning Commission may grant legal nonconforming use status to use of structures if the commission makes eight findings. The findings and the app(icant's abifity fo meef them are as follows: (1) The use occu�s enfire(y wrthin an existing structure. This condition is met. The entire structure, including the connecting addition, is existing. (2} (3) (4) The use or use of srmilaF intensity pe�mitted in the same clause of the zoning code or in a more restrictive zoning district has been existence continuously for a period of at least ten years prior to the date of the app(ication. This condition is met. The appiicant states that previous uses of the bui4ding inciude a rooming house and a haifway house. A city inspector documented the house as a duplex on September 3, 1986. From 1987 to 2002, the next owner of the property used the main house and connecting addition as a licensed foster care home for up to 7 teenage girls, while the carriage house was occupied by others. Foster homes are permitted in fhe RT1 Two-family Residenfial District. A friplex is first permitted in the RT2 Townhouse ftesidentiai District. However, a triplex is of similar intensity to the use as a duplex inciuding a foster home. The off-street parking is adequate to serve the use. This condition is met. Three off-sfreet parking spaces are provided, which the Pianning Commission's triplex conversion guidelines suggesf may be adequate. Four off-street spaces would be required for new construction. However, the neighborhood contains a number of muitiple unit structures, most of which do not have the amount of parking required by the zoning code for new structures. Hardship wouldresaltifthe use were discontinued. This condition is met. Three units in fhis building have been sold as condominium unifs. The appficant states that "it wouid cost around $169,000 to unravel the deal " Discontinuing the third unit would consti"tute a particular hardship to the uniYs owner. moved by Morton seconded by � favor 14 aga�nst �'(Donnelly-Cohen, Johnson, Kramer, McCa11, and Morton) o�f- �cx� Saint Paul Pianning Commission City Hall Confereace Center 15 KeIIogg Boulevard West Minutes of September 24, 2004 t` .� ., �T A meeting of the Planning Commission of the City of Saint Paul was held Friday, September 24, 2004, at 830 a.m. in the Conference Center of City HaIl. Commissioners Mmes. Donnelly-Cohen, Faricy, Zimmer Lonelty Lu, McCall, Morton, Porter, Present: and Trevino; and Messrs. Aleatander, Atton, Anf'ang, Dand�.�, Fotsch, Gordon, Johnson, Kong, Kramer, Mejia, and Scott. Commissioners Messrs. *Coletta, *Mzrdell Abseat: *Excused ALso Present: Lazry Soderholm, P]auning Adn�inistrator, Donna Drummond, Nancy Homans, Palricia James, Lucy Thompson and Cazol Peshman, Department of Planning and Economic Development staff. I• Approvat of minutes of Jnly 30, 2004 � 11 MOTION: Commisszoner Anfang mov¢d approvtrl of the minutes of March 12, 2004. Commissioner ponnelly-Cohen seconded the motion. The mohon c¢rried unanimously on a voice vote. Chair's Announcements Chair Johnson reported that the Steering Committee met this morning ynd decided to cancel the Planning Commission reireat scheduled for October 29"` due to the acceierated, every-other-week scfiedule that we adopted after the cfiange in the 60-day nile for zoning decisions. Instead, flie Commission will have an eatended meeting in Jan� �� a�ut PIanning Commission goais and objectives for 2005. MOTION: Commissioner Alton moved approval of the resolution honoring Nancy Hnyrrans Commissioner Monon seconded the motwtt. T he »r�t� ��d ��i��, on a voice vote. 7'laaning Administrator's Announcements Larry Soderholm gave the P l a n n i n g A d m i n i s t r a t o r' s r ep o rt. N• Zoning Committee OLD BUSINESS #04-121-918 John Webb - Establishment of legal nonconfoiming use status as a triplex 673 Lincoln Avenue, betcveen St Aibans and Dale. (Patricia.7mnes, 651/266-6639) • • o � irx� • �� for. this to effectively work. Chair Tolmson commented thax the applicant h'ued an attomey that specializes in condominium conversion, and the applicant operated on the advice of the attomey. a step might have been overlooked by the attorney when advising the applicant, however, the applicant relied on what his attomey told him. Commissioner Fotsch questioned how many of people tfiat owned properiy within 150 ft. of the case were in favor and how many were against, Chair 7ohnson commented that originally ffiere was a petition that a number of people signed, and then after the fact some of those people felt they had signed the petition in error. MOTION: Commissioner iilorton moved the Zoning Co�nmittee's recommendation to approve the ZegaL nonconfornung usz The motion canied on a roU ca11 vote of I4-5 (Donnelly-Cohen, Srrrmer, Chair Johnson, McCa11, ¢nd Morton) . I3EW BUSINESS #04-136-948 Feline Rescue Inc. - Determination that a cat shelter is a similaz use to a pet store. No location specified (Patricia.lames, 651l266-6639) Commissioner Morton stated no locarion has been specified as the applicant is looking to relocate. She said no dislxict comment was received. No one spoke in support or opposition. The public hearing was closed. The Zoning Committee recommends approval on a vote of 5-0. • M01TON: Con�missioner Morton moved the Zoniag Committee's recommendation to approve the determination ofsimilar us¢, The motinn ca�ried unani»iousty on a voice vote. #04-138-025 Bill Tovero - Reestablishment of nonconforming use as a duplex. 422 Charles, beriveen Arundet & Western. (Patricia James, 651/266-6639) Commissioner Morton stated District 7 recommends denial. No one spoke in support or opposition. The public hearing was closed. T'he Zoning Committee recommends denial on a vote of 5-0. Commissioner Alton commented that the letter of the applicant asks for an appeal, saying they weren't aware there were any issues. In a Ietter from LIEP, dated January 22, 2004, the appiicant was told that there were zoning issues. The applicant proceeded without proper approval. Commissioner Morton commented that she did not see anything new in the letter, therefore does not tlunk that they need to take any action on it. MOTION: Coinmissioner Morton moved the Zoning Committee's recommendatioa to deny the reestablishment of nonconforming use The motioh �Q�d ��LY on a voice vote. Commissioner Morton announced the agenda for the Zoning Committee meeting on September 30th . r� �J �y-t� MINUTES OF THE ZONING COMMITTEE Thursday, September 76, 2004 - 3:30 p.m. • City Council Chambers, 3rd Floor City Hall and Court House � 15 West Keilogg Boulevard PRESENT: Alton, Anfang, Faricy, Kramer, and Morton ABSENT: Donnelly-Cohen, Gordon and Mejia STAFF: Mary Bruton, Patricia James, Ailan Torstenson and Peter Wamer The meeting was chaired by Commissioner Morton. ��_.:i': : -� . - ->:�; John Webb - 04-121-918 - Establishment of Iegai nonconforming use staYus as a Lr9plex . 673 Linco;n Avenue, between St. Albans and Dale. Patricia James presented fhe staff report with a recommendation of denial of the establishment of fegal nonconforming use status as a triplex. In answer to a question, Ms. James explained thaf the property was converted into a duplex by the previous owner, who rented the alley carriage house and used the main structure and the addition as her home with foster care. She atso expfained that it is up fo fhe purchaser to verify that the listed use is a conforming use. If they had checked, they would have been informed by the Cify that it was legal for a duplex oniy. James Lynden, 599 Grand Ave., aftomey for The applirartt, expiained fhaf fhe properly was bought as a • duplex, and Mr. Webb converted the property to a 2-unit condominium with a provision in the condo conversion documents to convert the main unit, which is 4,500 sq. ft., to additional units shoutd he get the property declared a legal nonconfortning use. The carriage house was soid o{f shortly after the property was converted to the 2-unit condo. After about nine-months, Mr. Webb stated the mother-in-law apartment was sofd, and the documents were processed without checking on the legal use of the property. Approximately 16 months, later on a refercaf from LIEP, the Fire Department determined there were three units and there sRould only be two. The city sfaff recommended applying for this estabiishment of legal nonconforming use status as a tri-plex. Seven of the eight conditions have been met by the revised appiicafion. The triplex use and use as a foster home shouid be considered of similar intensity. Foster homes are aliowed in a more restrictive zoning district as well as in this zoning district. When the house was used for foster care there were at least nine to ten people on the premises, and presentiy there are seven peopie on the premises. Commissioner Anfang stafed the minimum space requiremenf for a parkirtg spot is 8 X 16 ff. whi(e fhe surtace parking space in back is smaller, which means the parking requirement is nof inet. No one spoke in support. Maureen Flahaven, representative of the Summit Hill Association, and Vice Chair of the Zoning and Land Use Committee stated a second hearing was held on September 1, 2004. The neighbors that showed up were against the establishment of tegal nortconforming use status as a tripiex, and stated that it would set a dangerous precedent. When the property was used for foster care the occupants did not own cars to create a parking probiem, and they lived in the house as any other family that had six to nine children. The density of building to lot in this neighborhood is intense. The parking irt the neighborhood is a constant problem, and this project wouid cause more parking probiems. She requested that the Zoning Committee deny the peUtion. • Marilyn Wall, 670 Lincoin Ave., explained that when she signed the petifion she did not know the property was zoned as a duplex. She also stated that a person shouid check the zoning of a property before purchasing it. o�-t� 04-121-918 - John Webb September 16, 2004, Zoning Committee Minu#es �age 3 ommissioner Kramer stated fie would vofe against fhe motion becauss counting chi(dren as simifar to a tripiex is absurd and fhe natural extension of fhaf is going to be that if someone has a targe famiiy they could argue that their nouse should be considered a duplex. There is precedential value in that. It may not be precedential in the Iegal sense, buf it is a very wide open argumenf that can be made for ali types of properties in St. Paul that are currently single famity homes thaf have fwo kitchens, that are foster homes and half-way houses. Then the argument becomes thaf there were seven or more people fiving here, therefore it should be a dup(ex or triplex. (f this came before the committee before it was renovated, tfie committee would not Iisten to the argument that large families constitufe multi-units. Commissioner Morton also sfated she would vote against the motion because the property was purchased as a duplex, and it has a legal status as a dupiex. Commissioner Faricy stated she agreed that the intensity of uses are similar, the lot is large enough, and the application does meef the quaiificafions. The motion passed by a vote of 3-2 with Commissioners Kramer and Morton voting against. Adopted Yeas - 3 Nays - 2(Kramer, Morton) Drafted by: Sub itted by: � � rol lartineau Patricia James Recording Secretary Zoning Section Approved by: Giadys Morton Chair �� r � L_ J a� toro� DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT � Svsnn Kimbuly, Director SAliFT PAUL � AAAA CTTY OF SAINT PAUL Randy C. Ke1ly, :Llayor September 17, 2004 John Webb 673 Lincoln Avenue #1 St. Paul, MN 55105 James S. Lynden James S. Lynden, Ltd. 599 Grand Avenue Suife 1 St. Paul, MN 55105 RE: Zoning File # 04-121-918 John Webb aear f4iessrs. Webb and Lynden: 25WesiFounhSbrxt Telephone:651-Z66-6700 SaintP¢uZ, AqN55102 F¢csimile: 651-228-3220 On Ju(y 9, 2004, John Webb applied to establish legai nonconforming use status as a four-ptex at 673 Lincoin Avenue. After a pubiic hearing by the Saint Paul Planning Commission's Zoning Committee on August 5, 2004, you requested that the Pianning Commission lay over #he application so that you could revise the request. A second public hearing was held by the Zoning Committee on September 16, 2004. The Pfanning Commission wili vote on fhe new request for estabfishment of fegal nonconforming status as a tripiex on September 24, 2004. Minnesota Statutes Section 15.99 requires that all city acfion om m�ing applications be completed within 60 days of the date the appiication is made, but allows the City to extend this period for an additionai fi0 days (total of 120 days). The Zoning Code has also estabfished a period of '10 days within which an affected party may appeal the Pianning Commission's decision to the City Councii. For this Estab(ishment of Nonconforming Use Permit, the deadiine for action was originaily September 7, 2004. By signing a Request for Continuance, you agreed to extend tfiis deadline to September 24, 2004. in order to ailow time for a City Counci( pubtic fiearing on any appeal that may be filed while atso meeting deadlines established by stafe law, the City of Saint Paui is hereby exfending the deadline for action from September 24, 2004, an additional 60 days to November 23, 2004. This extension wiil not affect Yhe schedule for approval or denial of your permit by tfie Pianning Commission, but it does accommodate the 10 day appeal period (which wiii expire on October 4, 2004) and any required City Council public hearing. If an appeal is filed, the public hearing witl be scheduied as soon as possible while satisfying City Council and public notice requirements. Please call me at 651-266-6839 if you have questions. Sin rely, Patricia James City Planner cc: File # 04-121-918 Zoning Administrator License Inspecfor District 16 Community Council � r � U AA-ADA-EEO Employer • �-- • ZONING COMMITTEE STAFF REPORT FILE # 04121-9�8 1. APPLICANT: John Webb HEARING DATE: 8/5/04; 9/16/04 2. TYPE OF APPLICATION Estabiishment of Nonconforming Use Permit 3. LOCATION: 673 Lincoin Avenue, between St. Albans and Dale 4. PIN & LEGAL DESCRIPTION: 02-28-23-41-0240, 02-28-23-41-0234, 02-28-23-41-0241, CIC No 468 Kookaburra Condo Unit Nos. 1, 2 and 3 5. PLANNING DISTRICT: 16 PRESENT ZONWG: RT1 6. ZONING CODE REFERENCE: §Sec. 62.109(a) 7. STAFF REPORT DATE: 7l29/04; REVISED: 9/$9/04 BY: Patricia James 8. DATE RECEIVED: July 9, 2004 DEADLINE FOR COMMISSION ACTION: September 24, 2004 A. PURPOSE: Establishment of legal nonconforming use status as a triplex • B. PARCEL SIZE: 46 ft. (Lincoln) x 150 ft. = 6,900 sq. ft. Including %= the alley increases the lot area to 7,200 sq. ft. C. EXISTING LAND USE: One main house and one rear "carriage" house, with a connecting addition. There are currently three occupied unifs. D. SURROUNDING LAND USE: North: multifamily building, commercial uses (RM2, B2) East: mixed density residential (RT1) . South: mixed density residential (RT1) West: low density residential (RT1) E. ZONING CODE CITATION: §62.109(a) lists the conditions under which the Planning Commission may grant a permit to establish legal nonconforming use status. F. HISTORY/DISCUSSION: According to the applicanYs research, the main house and carriage house were built in 1902. According to records in the Office of License, Inspection, and Environmental Protection (LIEP), the buildings were constructed in 1899. According to informaflon provided by the applicant, the camage house and main house were cannected by a new building in 1963. In 1986 the Planning Commission denied a Nonconforming Use Permit for four units in this structure, finding that fhe use had not been in continuous existence for 10 years, that the density was not consistent with the generai welfare of the community and enjoyment of adjacent property, that the use was not in compiiance with the comprehensive plan (the District 16 Plan and the Ciiy Comprehensive Plan), and that approving the use would add to parking congestion in the neighborhood (Zoning File # 9848). At that time, the applicanYs attomey stated that the applicant had added the fourth unit in the attic of the main house in 1979. An inspection in September, 1986, found that stoves and connecting doors had been removed to convert the buiiding from four units back to two units. After the August 5, 2004, Zoning Committee hearing on a request to re-establish nonconforming use as a four-plex, the applicant revised his request to estabiish legal nonconforming status as a tripiex, and has agreed that the third floor main house unit will not be re-estabiished. G. DISTRICT COUNCIL RECOMMENDATION: The Summit Hiil Association/District 16 Planning Councii, in a September 3, 2004, letter to the Planning Commission, recommends denial of the permit. • H. FINDINGS: 1. This property has legal status as a duplex with nonconforming lot characteristics. The two o�-rar� Zoning File # 04-121-918 Zoning Committee Staff Report- Revised page 3 §62.109 of tfie Zoning Code can be made. The Planning Commission's Triplex Conversion Guidelines state that for applications for nonconforming use permits for tripiexes in residential districts, staff will recommend denial uniess the foilowing guidelines are met: A. Lot size of at least 8,000 sq. ft. with a frontage of 50 ft. This is the guideline is not mef. The frontage is 46 ft., four feet less than the minimum established by the Planning Commission for three units, and the lot area (inciuding half the alley per § 63.101 of fhe code) is 7,200 sq. ft., 600 sq. ft. less than the minimum in the guideline. 8. Gross living area, after completion of the triplex conversion of at least 2, 700 sq. ft. for the three units. This finding is met. According to records in LIEP, the building area is 3,480 sq. ft. According to information provided by the applicant, a surveyor who did fhe work on the condominium conversion found 5,325 sq. ft. of gross living area in the structures. C. Four off-street parking spaces (non-stacked) are preferred,• three spaces are a minimum requirement. This finding is met. There are three ofF street spaces at the rear of the property. D. A!1 remodeling work is on the inside of the structure.... This finding is met. Tfie work has been done previously, and it is entirefy within the structure, including the addition thaf connects fhe main house and the rear house. �� E. The proposed triplex structure is located within a mixed density neighborhood, not a homogeneous single-family area or in an area where duplexes and triplexes are already concenfrated to the point of congesting neighborhood streets. This finding is partialiv met. The structure is located in a mixed density neighborhood. !t is also a neighborhood that has developed with minimal off-street parking for both the residential uses to the east, . south, and west, and the businesses to the north. In addition, parking restrictions on Lincoln further reduce the avaiiability of on-street parking. Rpprovat of the additionat unit is Iikely to contribute to congesfion on the streets surrounding the building. F. The unit must be inspected by the Fire Marshal's O�ce as part of the Ce�cafe of Occupancy program required for all residential structures with three or more units. This finding can be met. The Fire Marshal has inspected this structure, and the applicant has agreed to make any changes required. G. Rn economic {easibilify analysis has been conducted for those cases where economic hardship is claimed as one reason for the _..request. This finding is met. The applicant has provided information on fhe economic hardship that would result from conversion back to two units. I. STAFF RECOMMENDATION: Based on findings 2(2), 3A, and 3E above, stafF recommends denial of a pertnit to establish Iegal nonconforming use sfatus of the building as a fiplex. � � o�•�o�� • REVISED APPLICATION OF JOHN C. WEBS FOR A NONCONFORD'�TG USE PERNIIT UNDER CHAPTER 62, SECTION 109, SUSSECTION (a) OF THE ZONING CODE FOR PROPERTY LOCATED AT 673 LINCOLN AVENUE, ST. PAUL, MINNESOTA HISTORY OF PROPERTY 673 Lincoln Avenue is comprised of a three story main house (the "Main House"), a two story carriage house (the "Carriage House"), and a linking structure (contai.ning a"mother-in-la�' apartment)—the "I,inl�ng Structure"--which connects the two. According to City records, the Main House and the Carriage House were built in 1902. As more particularly described in the fouxth paragraph below, the T Structure was probably added in 1963. The Main House, the T'inking Structure and the Carriage House which encompass almost the entirety of the lot on which they are located shall be called--for convenience's sake--the "Property" or "673 Lincoln" in the rest of this Application. • When 673 Lincoin was built, the steam plant in the Carriage House was configured to supply heat not only to the Main House and the Carriage House but also to the residence negt door to the west ("679 Lincoln"). Later, the James Sleeper House ("66 South S� Albans") was moved behind 679 Lincoln, and its heat was also supplied from the Propert�s steam plant. The three properties were owned by a hotei entrepreneur who had several other hotels in the �vin Cities. These properties were linked by underground tunneLs so that people could pass between them in the Winter. (Later on, in the 1960's, these properties were also joined together by ¢boveground connections—one of which was the Tan� Structure--to create one, massive, nnn ightly structure which contained a halfway house for addicts and alcoholics.) Throughout its entire history, the Property has been used either for multi-family purposes or for social welfare or health care purposes—much more intensive uses than what is being sought in this Application. For e$ample, the Dual Citv Blue Book for 1913-1914 published by R. L. Polk & Co:, and the Polk Citv Directories for 1948 and 1962 reveal that three distinct families lived on the Property during those years. According to City records, the Carriage House has always been occupied as a single family dwelling, and the Main House was used as a rooming or boarding house since at least 1948. (The Polk C� Directorv for 1937 actually discloses that the Property was a rooming house as long ago as 1937, 11 years earlier.) For over twenty yeazs of its e�stence, thus, the Property was devoted to rooming or boarding house use. Axround 1963, the Main House, the Carriage House, 679 Lincoln and 66 South St. C D�f-I t�(� Applicant, an Australian, purchased the Property in March of 2002. With the • assistance of James S. Lynden, a condominium attorney, he converted the Property to a 2 unit condominium—`�'he Bookaburra Condominium"—in May of 2002. He sold the unit m the Carriage House (LTnit 2) to Brian A Wenner shortly thereafter, retaining the unit in the Main House and Linl�ng Structure—Unit 1. Eight months later (in February of 2003), through a lack of communication between AppHcant and Mr. Lynden, the interior of the T' Structure--the "Mother-in-Law Apartment"--was subdivided from the rest of Unit 1 to create Unit 3 which Applicant then sold to Sydney Wood. Ms. Woods' daughter has occupied the Mother-in-Law Apartment ever since her mother purchased that unit. The unit in the Carriage House (Unit 2) is occupied by two tenants of Mr. Wenner. The Main House unit--Unit 1--is occupied by Applicant, his fiancee and two other persons. There aze, thus, 7 occupants of the Propexty. During the 15 continuous yeazs prior to Applicant's purchase of the Property, when the Main House and T Structure were a licensed day care facility, there were usually 9 or 10 occupants of the Property (including the Carriage House). Z`he Condominium consists of 3 units. Unit 1--the interior of the Main House--is 3,372 square feet um size; Unit 2—the interior ofthe Carriage House--is 1,034 square feet in size; and Unit 3—the Mother-in-Law Apartmen�-is 919 square feet in size. In November of 2003, James Thomas, an inspector in the Cit�s Fire Marshai's office, inspected the Property on a referral from the zoning section of LIEP, and determined that the Property contained 3 dwelling units--one more than is permitted as a matter • of right in an RT-1 Zo II3IIg District. This proceeding—i.e., to seek an NCUP under Section 62.109(a) of the City�s Zon,� Code—was recommended by both the LIEP office and by the PED office as a way of legitimizing the nonconforming status of the Property. Applicant's initial Application was for approval of an NCUP for 4 dwelling units based upon the fact that Applicant had reserved the right (in the amended Declaration establishing the Condominium) to create a fourth unit through the further subdivision of Unit 1(i.e.,.Unit 4 would be the third floor of the 1Vlain House). Applicant has not exercised nor w�l he in the future ever egercise that right. Instead, at the hean� before the Zonillg Committee on August 5, 2004, Applicant reduced his request that the Property be granted a NCUP for 4 dwelling unifis down to 3 dwelling units (1) because that is the effi.sting de f¢eto use of the Property and (2) because the Property complies with virtually every guideline for the Planning Commission's approval of an NCUP for triplea use and cecupancy. Lastly, although the City does not as yet recognize the legitimacy of the Property's 3 dwe11, ;na units for wning purposes, it certainly dces for real estate taa purposes. 2004 real estate tages for the three units were close to $6,000, a major portion of which covers City government. • a�-io�,� • STATEN�IT OF PURPOSE; REA.SONS FOR GRANTING PERMIT A. PUR.POSE OF APPLICATION Applicant is seel�ng to obtain from the City an NCUP allowing for the occupancy of 3 dwelling units (the "Use") on the Property under the provisions of Section 109(a) of the St. Paul Zo IIIIlg Code (the "Section") which allows for the legal establishment of a nonconforming use or use of similar intensity permitted 'm the same clause of the Zoning Code or m a more restrictive Zoning District that has been in e�stence continuously for a period of at least 10 years prior to the date of the Application. S. COMPLIANCE WITH THE SECTION'S CONDII'IONS The Section contains 8 conditions (the "Conditions"), all of which must be satisfied in order for the Planning Commission to grant the NCUP. In Applicant's case, issuance of the NCUP requested by him is warranted for the following reasons which satisfy the Conditions: 1. Effisting Structure. The Use occurs entzrely within an ezistzng structure. This Condition is met. The Use--i.e., the three dwelling units--are located entirely inside of the Property which is one continuous, existing structure. 2. Length of Use. The Use or use of similar intensity pernzitted in the same clause of the Zoning Code or in a more restrictive Zoning District has been in existence � continuously for a period of at Zeast 10 years prior to the Applic¢tion. This Condition is met. As indicated above m the History of the Property section hereinabove, the Property has for its entire history been occupied for multi-family purposes and as a rooming or boarding house, a halfway house, and a holistic center--all of which are more intensive uses than the tripleg nonconforming use which e�sts today. More saliently, though, for a continuous period of 15 years prior to the Application, the Main House and T Structure of the Property were used as a licensed foster home for 7 teenage giris with the owner living on the premises and other living in the Carriage House in addition. 9 or 10 people were living on the Property during those years 7`hat continuous use for 15 years is certainly of similar intensity--or even greater intensity--than the Use (e.g., 7 people are occupying the 3 units on the Property today). 3. Off Street Parlring. The off-street parking is adzqu¢te to serve the Use. This Condition is met. The Property has 3 off-street parl�ng spaces--two in a garage and the third being an outdoor space on the alley. Most of the other multi-family structures—and even some single family ones--in proffimity to the Property have no off-street parl�ng. Strategy #1 for the new E3ousing Pian for St. Paul (part of the Comprehensive Plan) urges, among other things, that the City endeavor to allow and foster "a sufficient density of housing and related uses to support mass transit". A bus stop is right around the corner from the Property on Grand Avenue. Lastly, as pointed out below, Guideline C for the P nnina Commission's handiing of NCUP applications for tripleges (which this one has become) says that 3 parl�ng spaces are a **»n;mum requirement. 4 u o�1 o� Comprehensive Plan. This Condition is met. St. Paul's Housing Plan for the first � decade of the �venty-First Century is to be implemented by means of 3 strategies: (1) Tal�ng care of the City's e�sting housing inventory by preserving both physical struetures and the neighborhood chaz�acter which they define; (2) capturing the emerging market of smaller households—both young ones and older "empty-nest" ones—many of whom want to live in an urban environment but are having difficulty fin�3� suitable options in St. Paul; and (3) ensuring an adequate supply of safe, decent and affordable housing. Among the policies to accomplish Strategy #1—i.e., ret ,a"nin� St. Paul's character as a traditional city--are allowing a broad range of housing types and fostering sufficient density of housing and related land uses to support mass transit. Le�, 1� the Use for the Property by approving Applicant's application fits this strategy egactly and would be in conformity with these policies which, interesting to note, are a eomplete reversal from the previous Comprehensive Plans of St. Paul which were about promoting homogeneity of uses in zoI11IIg districts and fostering low density residential enclaves. Approving the Use on a legal nonconformity basis perfectly fits Strategy #2 of the Housing Plan—ie., capturing St. Paul's share of an emerging market of smaller households by offering varied options—because it affords three distinct housing options ranging from the Carriage House apartment (1,034 square feet in size) to the Mother-in-Law Aparl;ment (919 square feet m size? to the three-story mansion apartment in the Main House (3,372 square feet in size ) which are suitable for households of various income levels. Not legalizing the Use counteracts Strategy #2 � because it diminishes such options. One of the ways in which St. Paul wishes to ensure adequate affordable housing—Sfsategy #3—is by encrouraging equity ownership m housing through alternative ownership mechanisms such as eooperatives and condominiums. The Property has been converted to a condominium. Since values of condominium units aze based upon the square footages thereof (e.g., $200 per square foot), both the Mother-in-Law Apartment and the Carriage House--which are smaller in size— definitely aze more affordable housing options than larger sized units. It stands to reason that smaller units are more affordable than larger ones. Thus, the Propert�s Use complies with Strategy #3 of St. Paul's Housing Plan. S. Notarized Petition. A notarized petition of twatlzirds of the property owners within 100 feet of the Property has been obtained stating support for the Use. This Condition is met. Notarized petitions, signed by more than twathirds of the owners of properties within 100 feet of the Property, accompanied the ori •Ta Application and have been filed with the City. C. C01vIPLI2�1�TCE WrrH THE 7.`ItIPLE% GuIDELnvES FOR THE PLANNING CONIlVIISSION In addition to satisfying Condition #2 on Page 4 above, Applicant needs to show substantial compliance with the Guidelines for granting NCUPs for tripleg use • • •.� • least two or three times in the last 8 or 9 months. '7. Economic Hardship. An economic feasibility arzalysis Jzas been conducted for those cases whzre economic h,¢rdslzip is el¢imed ¢s one reason for the ...request. �`his Guideline is met. If Applicant's Application is not approved, the sale of Unit 3 wIll have to be unraveled at great egpense to the "unravelers"--at least $169,000 as stated above with regard to Condition #4—and in the interim the owner of IInit 3 will lose any rental income her daughter is then paying her. C� ❑ o�F �o�� _�� 8 : � � � � �� =� � sl � Q J W � � � Y� � � � � O I z zU ��p ; �ZZ� ��W �OUz UZ�z �Oo� O wQao � YU ? �0 � O � � z � W O � U F �/� LL � w U a oW �U (j o wo � , m� � � � � ON a Cf ao Om 8 � l 3 � _ � �ie� � i�23 � � f � � � i I 3 • � N11V�1L]� lYlO✓14L1 � � .....� �^ �; � 1 T � � � �e � G � 3 2 � �I�# �� a � � � � ��', � ; �• D i { S � � � � � � �- �� s ��°$ �'� e � _��g;��a �• d�I"' � s�T �1 ' _ �° s_ �° F sr�e n�vivsm y � a� i A �zraam 4 mvw� X ' � 7 'Gie d�:S' =Fi�s� li�i'a'n_c'�!e°f " � u o�-�� Request for Continuance Date �- �' 0 � Gladys Morton, Chair Zoning Committee City of Saint Paul 1400 City Hall Annex Saint Paul, Minnesota 55102 Re: Zoning File # � y-/ Z/- �( (� • Dear Ms. Morton: I am the applicant or the applicant's duly appointed representative in the Zoning File above stated. � I request a continuance of the public heazing on the application in this Zoning File which is presently scheduled before the Zoning Committee on �- �-O L( : understand tha: a continuance af the public hearing befar� the Z�ning Committee means thai the final decision of-the Planning Commission on this applicarion which is presentiy scheduled on S- 13 - o �( , will also be continued. I understand that the Zoning Committee will continue the public heazing to �- �6 ' O �l and that the Planning Commission will make a decision on my application on �j - Z�-/ -(� � I am aware of and understand the statutory requirements found in Minn. Stat. § 15.99 (1995) requiring the City of Saint Paul to approve or deny this application within sixty days of its submission. I desire to waive the statutory requirement a decision on the applicarioa within the sucry day period. Sincerely, Signa of pplicant or Applicant's duly appointed � representative. 30 �� n1GG�� Printed name of Applicant or Applicant's duly appointed representative. 0�-� o� CITY OF SAINT PAUL C�NSENT OF AD30INING PROPERTY OWNERS �'OR A NONCONFORIVIING USE PERMIT R'e, tfie undersi�ed, owners ofprooerry wi[hin I60 feet of the Subject property, aclmowledge that we have been presented with thefoIlowing: A copy of the application of to estabIish a Q l/1�(L y�s�2s y�rLl� located (name of appticant) n�ls? �lt� . u.SG � .r flvrp� 3 use) y�td�' #• /OZ Sf. P.r,�{. /� � � i n eit'lS�suG 7�i' B1t.i' /D �(S fi:P� �iii�jC'� �� (address of praperty} requiring a nonconforming use permit, alono ,vith any relevant siteplans, diagrams, orother documentation. �Ve consent to the approval of this application as it was explained to us by the applicant or his/her representative. .�DRafc nR vnv n��,..,,. ,.R....... � �i(a � �, J u .5 Sl�� . � �, o� ia�4� CITY QF SAINT PAUL � CONSEA3T OF ADJOINING PROPERTY OWNERS FOR A NONCONFORML�IG U5E PERMIT W"e, tfie undersi�ed, owners of property within 100 feet di the subj ect property, acimowIedge that we have been presented with the foIIowina: A copy of the application of _ CJC�1'�Y1 � t,�� P h�l (name of appi�cant) ' to estabiish a � o , y� S� �5 �� 16e3 �� r�a� ra o�se use) lo q��, aS �3 ��0. ' r v� `"-� e �e ocazed at�`Z_Z ��c> w l,� m �— �w,ti,� � 1 s S lo S (address o property} requiting anonconfornung use permit, alang with any relevant site plans, diagrams, or other documentation. We consent to the approvai of tt�is appiication as it was explained to us by the applicant or his/her representative. ADDRESS OR PIN � ��co� --,-- � n a ,� 6'�-� I-�na � Z '��D(t(p `;nco�n vn� +�� n��.-� >� '� ��3 l�s2z�� - ` - R ECORD OWNER V✓V 1� �: a- �e..� J`�c. dr�� S��Or�t�Y Iv�� SIGNRTURE : ,� � Sl�i+i�,v� DAT£ J +�tt� ` 3�i, o(�I( o� (�az9-oy �-��-� ��v�-�� L � in-�1 a�'�O�a CITY OF SAINT PAUL CONSE�T'I' OF ADJOINING PROPERTY OWNERS FOR A NONCONF'ORNIING USE PERNIIT We, the undersigned, ownars of property wit.hin 100 feet of the subject property, acImowledge that we have been presented with the foIIowing: A copy of the app2ication of to estab2ish a__ /e� l i�4'37G'�7Zf �� located at b�3 LG �� - � (name of appiicant) � ��`' `�� . � 1�v� l� �i��e� rinC� l ° 1�9 � T1�� i �/ ��-5 (addcess of property} � requiring a nonconforming use permit, aiang wiih any reIevant site plans, dia�ams, or.other.documentation. We consent to the approvat of this application as it was explained to us by the applicant or his/her representative. � ADDRESS OR PIN � � 'sr°� t,�i ^' i ` � �. ,� � �� : � u �.. � y L �<� �, � . DATE �i !>i � � f �5 ��- �� ; ,� y 2 >.� O `f as/o� r�C; ��/8r � RECORD 04✓NER �� E • v��r�f .� sc�r.Yivr� ,� �, s=a , a' �., ' s. : F ;r '. • ,. . s-. �: �, � ';�:, WHER€A5, E7eanar N1. Northrop, Fiie �4848 has applied Po� a Tdonconforming tise Perm9t under the prov9sions of Section 62.202 Sub�> 5{;i} af tha Saint Faul Legisiative Code, far th2 purpose of permitting a f�ur-gtex to rxttain in an existing structure in an RT-1 zaoe, on property located et 673 Llocolns legaliy aescribad as East 5 feat of Lot 15, arsd a71 af Lot 16, Black 2, Summit Park Ad�ition; and WNEREAS, t�e Zoning Cor.artitte2 of �he Piartning Co�nission, or Janu�ry I6, 1986, held a�ablic hea;iny at which ail persons present aere given an opportunity La be heard pursuant ta said appiication in accordance with the requi�ements of Settion 64,30a of th2 Sa9at Pau1 Legistatsve Code; and 6!PlfREAS, Saint Paul Planning Cortsrtission, based on the evidence aresented to its Zoning Co�nittee at the public hearing as substantiatiy r2ftected in the minut=s made the foitos�ing findings of fact: � l. Appt9tant states that the property was a boarding housa untfl tha late 1460's when it was converted to a drug treatment and rehabilitation center, Jacobson's Halfway House. In i975, the appiicant purchased the property and used it as a duptex for three years before conversion to a 4-Alex in 1979, 2, To grant 1ega1 noncan'Formi�g status to use which fa91s to meet the 5'�andards of Secticn 62.102, the Planning �ommiss�on must make Lhe fot?ow9ng findings: a) The uss occurs within an existing structure. Al1 foar unit�s are 3ocated within the existing building - one unat is located in the carriage h�use, one in the area between 4he carriage V�ouse and the main nu9lding, and two in the main house. b} The us� as sim?lar to other uses in the district. To the norih of this properLy are both mnitip3e family and business uses, to Che south, east and west are singie family residences and older apartment buiidings, (can*.inued} , � �. �: �,, : s . � . - .- �',��' •` ' , i, , . . F . !�� . t -- -_ .°.--. '�' - - . " _ ' , i flSF /0!0¢ ; ; \ 's �- �' -,� , � i ; __�, p ' � , - -1 . j . ; - - i - \ � -_ g � 5. � } � . � ,. z i. i J ; - }. _ _._.. , �` . t o�-�� s�.. ,. � -_� �� .�.._: _: t � ;: � �. s ; � .; � �:: - � �; ,,, _:, ,- -. ,:� . a� � __ ihe City's compret+ertsive p?an indicates that conversfpn oP axisting housing struc#�ar=s be precliczted on density, ta�� characteristics, structurai cheracLeristics, parking, open space and ne�ighborhood impact. W9th the possi5'te 2xceptian o� strucLUral character�stics, �he pi'0¢65?� cn:�.ersion to a 4-rlex in +;his area cannot �avoratrly maet Lhes2 othar cortditions, g) Hardship vrouid result if the use is �iscont:nued. 7he appiicant states that Gue to the �nique configurat9or. of the existing buildin� on Che 1ot--a house with attached carriage house ar�ri no track yzrd--the best usz of this property is as a multip7a family residence, h) R2ZOflTfl9 wauid resuit in spot zort4rtg, This property is surrounded ort three siQes Sy a RT-1 zone, ta tfie north is an RNf-2 zone; �ezon5ng tfie proper�y wetuld result in spot zoning. i) A petition of property owners within 100 ieet nust be obtained stating support of tha use, � petitioa e�ith sufficient signatures is on fiFe aith the Planni�g Bivision, �06d, TNEREFfl4E, SE iT RESOLVED, by tfie Saint Panl PlannSrsg Comnission that �nde!� ths auiharity of the City's Legisiative Ccde, Lhe applicat4on €or a �donconform3stg Use ?ermit for cortinuanc= of a four-piex in an RT-1 zonfng Distract i6 67? Lincoln 5e denied 6ased or findings 2 c, d, e and f a4ove. � - is� ' •I �f �� : s s�i a c s .. ,,:� : s.'�t.i -.. �ti. �. y,��"�� "�; _`�,�°"`�-"- - �, - �� . � � S ��' � �$ . s �"' ' � � �,��",� � �-' � ��.�. _ 3�--'�•:; %�`t:'+.'�'i� " � ' f. � \ �, . . -,._, ' ", _ '" : ; , ° -. x , ,�� , : " i. - - � l.... • -.i - � . �\ f 0'�'-lDlo� C � � • MINUTES OF THE ZONING COMMITTEE IN CITY COUNCIL CHAMBcRS, ST. PAUL, MINNESOTA ON JANUARY 16, 1986 PRESENT: Mmes. Morton, Summers, Tracy and Zieman; Messrs. Levy and Pangal of the Zoning CommSttee; Mr. Segal, Assistant City Attorney; Ms. Lane of the Bivision of 4lousing and Building Code Enforcement; Ms. Synstegaard, Ms. Datsko, Mr. McGuire of the Plann9ng Division Staff, and Mr. West of the Design & fngineering Staff of PED. ABSENT: Messrs. Galles and Lanegran The meeting was chaired by Joseph Pangal, Chairman. ELEANOR M. NORTHROP (#9848): To permit a 4-plex to remain in an existing structure in an RT-1 zone. The applicant was present. There was opposition present at the hearing., �onna Datsko showed slides of the site and reviewed the staff report with a recommendation for denial. Mr. Mark J. Kiperstin, 1016 Conwed Tower, applicant's attorney, stated that there is no other economic use for the property besides a 4-plex. He stated that after Ms. Northrop had purchased the property she was advised that at one time it was a boarding house, and later a drug and rehabilitation center. Ne sta±ed that in 1974 it was conv<rted in±o a 4-plex because it was.financially not able to operate as a single family dwelling or a duplex. He stated that there is no back yard. Ms. Northrop has put the property up for sale. Only a large family would want the house because it is so big, but when they see there is no back yard they are no longer interested. He stated that Ms. Northrop wishes to continue the nonconforming use, and that it would be much more restricted than a boarding house or rehabilitation center. Ms, Northrop cannot maintain the property as a sing7e family house or a duplex. There are Z off-street parkiny spaces. Six of the renters now own vehicles. If the property it confined to a duplex it will not alleviate the parking problem. Ms. Morton asked if all 4 units were occupied. Mr. Kiperstin answered yes. Mr. Pangal asked Mr. Kiperstin why he felt it was a hardship. Mr. Kiperst�n answered that no one would be abte to operate the property as a duplex or single family dwelling because of the heating expenses. There is no back yard for children and the property really is a multipie rental 4-plex unit. Ms. Northrop stated that she is not aware of any complaints from the neighbors by operating the 4-plex. Ms. Kathryn Anderson, 66 S. St. Albans, stated that she owns the house next door, She stated that she has never had any problems with the 4-ple�. Ms. Zieman asked Ms. Anderson if she had a family. Ms. Anderson answered no. Ms. Zieman asked Ms. Anderson if she had a back yard. Ms. Anderson answered no. oy-ic� ELEANOR M. NORTHROP (#9848) PAGE THREE Mr. Pangal noted that a letter from District 16 had been passed out to the Committee in denial. Ms. Tracy moved denial based on findir�gs 2 c, d, e, and f. Ms. Zieman seconded the motion which passed on a roll call vote of 6 to 0. Submitted by: Donna Datsko Approved by: Joseph Pangal, Chairman • • � �J ZONr _ USL ( C/tdC X { C oy-�o�� AD�}2ESS: . . ?� . 9`� (L`� C:.El t�/V . • �) /' ��ZC%Q —/� —��i '— L'UIiUIPIG �:AFu7�"SNPOiS:ATiON: CONSTRUC!'ICN DA:F.: - �/�i 2 PL•'I2k:IT: �� ' Oi� 5Pi2EJ��'i:P.:': �� ' �U?L�JIt�G PLR^tS'PS i:QUti1'Y %�S;F.� SO:?�;; p. � f;T��r ! �l.i-�� 2-S �iat� Q3�'�- �*�aje- '''�/i'^"Z- � ; �zB�2 �{o%sz- fl-�w�y$ i`I S"co �- �fD, ��.� r� �' � 9�� a ` 3�.m L�+�-5 �� /�5. �— i2c2tv��+^?3- ,-�,... ' �d-�5 � ,S`i� f 9 �l,� , � . , . -- _ -- 3� -- ��--��---�� - �� , �..�_�---=-= � / _ , � -- � ------ f.''CI�L UE:iCRIPTION: --- � C.CAtiZC7_�K�—��--�'�-��—__.—/�QL'�� _ Z� r�'."c �'S �� u�.9-S t,cv��'� t1 , . .ycyti=��—��7 �. 7frt",§ — _— ------- -----------��-�-A`-l��:--�---�!�-fi�' ` I i �zz•---- x. 1960 � ��,e5 1964 197 co�?.�.x zo�;�r+c c�:�c.: F�:;iiiS:t;lC � _ti: SIiSI_...__.._________' -- I ---- T: I � LQNING 57_A7'US . \ `�,,.. � C.i J `______� t,L:GnL - COi't'O:SfI1vG �f / U / �� ---_� I.I:GAL - COiJ!"OtU9ItJC> U$2i id_T7'fi NiiN-( fi'i iEGAL - �iC?]-CON�OI:MZiQG USc Fu'�L' SY;2UCiC::2i l�i m LG't ;, I ZP (C/i;C7 . C - ILLL• GP.r, � ZONING C0�IPLAINT DIVISION OF AOUSING AI3D BUILDING CODE ENFORCEMENT '�1DDRESS_ � % � �„/��iy( � DATE CENSliS TRACT � v OWNER ADDRESS PHONE COPIPL�INT DATA: C01+�LAINAi�3T ADDRESS PHONE N0. DATE � ��S f� � ; s' � �� . c i �J � ..�� _ � � i S I � �, 3 c . `� / _ ��. %`�. � � �'� ,�-- - �--1 ��,�a �� _ ,� '.�ae- ��°��° ,-;�°:� OFF[CE OF LICENSE, INSPELTfONS AND ENVIILONMENTAL PROTECTION Janxn E. Rosas, Duector SA[NT PAUL � AAAA July 14, 2004 CTTY OF SAINT PAUL Rmrdy G Xe11y, Mm�os Brian Wenner 682 Holly Ave, Unit A S.t Paul, MN 55104 RE: 673 Lincoin Avenue St. Paul, Minnesota Mr. Weaner: Oy /Olo{o LOWRYPROFF,SSIDNALBUILDING 7elephone: 657-266-9090 350 St. Peter Sueet, Suite 300 Facdmile: 657-266-9124 Saint Paul. M'vmesota SSI01-I510 Web: wvnv.cistpmlLm�cus/[fep � a' The above referenced property is located in an RT-1, Two Family R�sidential zoning district. The lot has 46 foot of frontage with a total Iand azea of 6900 square feet. Therefore, the use of the property for a duplex is considered legal nonconfornung due to the lot size and may be continued provided all applicable city codes aze complied with. The carriage house is considered one unit and tl�e main house the second unit of the duplex. the event the property is destroyed to an extent of greater than sixty (60) percent of its replacement cost, not incIuding e cost of the foundation, a dupiex can be rebuilt provided it meets lot coverage, setbacks and pazldng requirements in place at that rime. Yard requ'uement variances may be obtained thru approval of the boazd of zoning appeals. Yours truly, �� Karen Zacho Zoning - City of . aul . aa/ada/eeo employer oy-i o� Sep#embss 3, 2i?04 Su��it � , ., � District 16 Pianning Coun ' &60 Saint ClairAven Saint Paul, Minnesota 551 Telephone 651-222-1222 Saint Pau# Cify Plannfng Commission Faxssa z22-t55a ATTN: Zoning Co�ruitit4ee . wwwsummithiUassociation.org C/O Ala.�t To�s#enson e-mail: s�mmithill�visi.com i3epacfrrrent of Pianning and.EconomictJevsto.pment 140El.Ciiy Half An�iex - 25 W�si Fourth. Stree# - Saint Pau1, Ntirmesota 55142-1634 � R�: Zsar�i�g Fa(e �lu�teber ti�-'�2'f-878, �n-ca��osm¢ng Use Pe�i# fos 3oh�t V4le�b � _ at 673 Lincoln Avenue � � Deae Members of ttie P�an�ing Camrrtission Zonirtg Corrrmsftee: . - � At.tt�e.s�eond meeting of the District 1$.�ou�r.�ifSummii Hill Assaciafion �oning and Land Use. , Cornmi#tee regarding tfiis.rnatter on September 'f ; 2fl04 applicant Jo�tt Webb and;his attori�ey, James Lynifen,'prssen#ed a rsviser3 applica#ion"€or_a tri-piexic�tead ofthe origipally-sought . four-ptex at 673 lineoin Avenue. Pafter an hoiir anei o�ha4f of discussion and questions, •-. '. inciurling obje�'cio€is. r�gistered b� seveiat. neighboes, : tlie committee voted unanimousty to adopt ;' - the folloun9ng position os� #he revised plar�:. -. - -. _. = lt �s recomnaencied #�af #t�e ap�!'�ation for a nonn-con#'ormsng use as a tri-plex - � �be deniec! becaisse {'t:} tfiie use is ti�t sirnitar in de�isi#y to tti:ai foF, which=the : . prc�periy had b�n previo�sly used;_ (2� a�sfr�f �arking 9s ms�cierat; (3}.the . '. applicar�f creafed any hardsk�ip that may resuit from deniai of_#he pectrti#; (4�_ the � , use wili.b� deiritnenta# to the imrnedia4e.neiqhboFl�iood; (5} the ase�is not : - Ecir�sis#enf wifii the city crimp€ehensnre pkari oF ihe proposed� new D�stciot �8 plar�; and (6� #he.vaiidity o'f the petition presenfetf :by,ifi� applicant to t�ie cify has been . �.cafi(ed iRto ques#�on by at.least o� of �ie.rieighbors s+gi�eci it }n addition, �:_ an amendrnent adcied by`the cortuitii#eestated thatthis p€opqsaf,.ifappri�ned,. _- woutd set a dangerous prer.edent#oi#he neighborhood.=.-- ' - - �istrief t6 _Counei] represer�ta�iv.es.wiA .be preser�t af the Septeniber. `i 6, 20Q4_h�az�ng for fhe ,. rescFYeduleii: eonsideratiori: o� this mai#er arid caii elabora#e on the-rafionafe for'the:above ' recarr��endatiors. ; � - - - _ Siat �4y yours, . -" , _ . _ . . .� ��.:,�:�. - .: - � _ - - - Jim arrison� Chair, Zoning and Lariii Us� Com�nittee � cc:' Jo�in Webti �. . ' James Lyriden : . , -. . . . ___ __ , - . : . - . � � 0 4-�olo(p Zo� c,� G �1 �� b4_�Z!- �t8 CJ September 9, 2004 St Paul Plauning Commission Zoning Com.mittee 14Q0 City Hall tlunex 25 West Fourth Street St Paul, MN 55102 To: St Paul Planning Commission Re: Public Hearing September 16, 2064 Purpose: Establishment of nonconforming use permit as a tri-plex Applicant: 7ohn Webb We aze writing this letter to testify against the revised request by John Webb to allow his properry to be zoned as a tri-plex. This request is not consistent with the general welfare of the community and enjoyment of adjacent property. We feel that Mr. Webb's request does not meet the required 8 findings necessary to approve this request The granting of this nonconforming request would set a dangerous precedent. • Specifically: The July 29, 2004 Zoning Committee Staff Report recommended against the permit as a tri-plex. A. Off-street parking is not adequate to support this use. This would e�cerbate an already problemaric parking situation for existing properties. B. Hardship: Mr. Webb created this situation by not following proper zoning procedures ugfront Why were proper zoning procedures not foilowed? C. Lot is substandard in size for 3 units and has been developed without adequate off-street pazking. E�cisring two units is more in keeping with the character of this area D. We question that a notarized petition with twathirds of property owners within 100 feet stating their support is valid. Mz. Webb's petition shows 3 signaxures from the properry in question. Furthermore, some residents have reconsidered and now oppose ttus permit E. The Summit Hill Association District 16 Planning Council has now voted unanimously two times to recommend a inc this nonconforming use permit First as a four-plex, now as a tri-plex. • We thank you for kind consideration of our concerns and request that you deny this request for pemut exception. 4 — z�.��=c.. � c�_ tzt—`3'rg OY-![x� Sienatures of Neighbors Opnosed ta Noncanforming Use Perntit as Trialex �� l� c� �20 � r� ( � � � �cc-v �h /� 7� / �� ` � �� (� 7 � � � c�� ' �� , r � �� i �-� �- �€— t zc - 9r�, Qtf-t ol06 RECALL OF SIGNED CONSENT OF ADJOINING PROPERTY �OWNERS FOR A NONCONFORMING USE PERMIT. Appiicant John Webb, located at 673 Lincoln Ave. St. Paui, MN 55105 Request to establish a fega! nonconforming use as a fourplex in existence after over 10 years (25 to be exact) under S 102 (i)(1) of St. Paul Zoning Code. SEE ATTACHED C4PY. We, the undersigned, owners ofi properry within 100 feet of the subject property, acknowledge that we signed the document, HOWEVER, WE HAVE RECONSIDERED AND NOW OPPOSE THIS PERMIT. �� ,� �� _ W c� � ) �l�rv� ( � -� ��o � �� .l niCn�,t� A � [�� I/V� �� 7 � �w G� 2- ��6 t��o�� t��- � � �f��— � �i � � � C�t� � �� fi ��r� Locl'l� �� ? � �-t �� f Z. . �7 � � rsc.oL r� � � q -/3-4� L� 04-► o6h Page 1 of Z 0� /��' 9/� Allan Torstenson - Re: 673 Lincoln Ave. From: <jjg�dy a)mmm.com> To: <a1lan.torstenson@ci.stpaul.mn.us> Date: 8/2/2004 21:41 AM Subject: Re: 673 Lincoln Ave. Dear Mr. Torstenson: I am writing to urge the St. Paul Planning Commission to oppose the requested variance for 673 Lincoln Ave. 1 be(ieve this variance would set a dangerous precedent if approved. The granting of this variance would: ' Detract from the nature of the neighborhood: Summit Hill needs to preserve the unique nature of the wonderful singie family type homes that remain. ' Contributes to an already problematic parking situation on our block and surrounding streets. * if approved, fhis would set a precedent for other propeRies to be granted the same exception. * Why is Mr. Wetrb applying for this variance after the fact? He purchased tF�e property as a dupiex and should have foilowed proper zoning procedures. 1 ask ttiis St. Paul Planning Commission to vigorous(y oppose this variance. Sincerely, Jeff J. Grady 674 Lincoln Ave. St. Paul, MN 55105 Tei: 651-225-1255 �� file://C:�Documents% 8/2/2004 o�F-�a� o��I-� j�� w t � Zoo � � St. Paui Pianning Commission Zoning Cammittee 140Q City Hall Annex 25 West Fourth Street St. Pauf, MN 55102 CJ To: St. Paui Pfanning Commission Re: Public Hearing August 5, 2004 Purpose: establishment of nonconforming use permit as a faur-plex. Applicant: John Webb We are writing this letter to testify against the request by John Webb to alfow his buildings to be zoned as a four-piex. As you know, Mr. Webb already has sold additional uni#s as condos on his property. He has done this withaut regard for the zoning rules. We are hoping that the planning commission will have the authority to not only deny his request for an exception but pursue the i(legat saie of that property with approp�iate agencies. We have several reasons for our protest: • Added congestion in area and worsenin�of already diificult parking situation. A condo across the street #rom this home has 6 units: none with parking. An apartment compfex east of this home has 4 units, again, none with parking. In addition, we have pa�king in our neighborhood from customers from 4ocal businesses. The parking congestion is already an issue for homeowners. Guests we invite to our homes have to park #wo blocks away. Chanaes the nature ofi the ne�hborhood. Our neighborhood is one of large o{der homes that have been restored, beautiful trees, lovely gasdens, and convenient shopping. We have a great place to raise chifdren and enjoy long walks. Already we have numerous apartment buildings and condo conversions that attract adutts without i e� � � `— � �. � � �� o� / r ) �� o4-ra�o�o ��U Cle.� C��" � 7y L ��C�J�► �4��. 5 �� 1, �"''1 �✓ 5s�v�" �� f�� L�� o�� - �G � p��i mN 5�s �� 0.r�v� � PB"1 �-�v�c�(��: j � -, �� }�� SSi05 V j�L�_ � � u� �-�� t�� sT� ��L r F-Pl� 5S j�'S � b �c.u,u t� �s�l '� � s'1� �- �� S S7� �S • . �c,� r� �+`�� o� t� 5�51 dS �,�u�,�?��- � �- ��. tC�-T��. � �� `�6� �l.�co(�� I� �4,� �� Tlos �Cq CQ �`�c��.� c� s} �v�-�� 3 �'-�� l}��`L.�' �tzA D � l�n�-x_. �.a.� �� -a+tcsl� � �.G�r r�� 5s��.� �� s ��x15 � c,� �� fC�s ,� �l � �� , .��-� ,�� - �� , �� _ � � �a< ba�� %��uG�� • � �� /17G a�/7 �� .S'�`- � � i � �SS�dS �'1 o�C_ �G� C �,�cac..�/ l�� ` � SS ! os � P � 1'_°�� ' �L.(. �fl�� Z . �lvt'.:.� _�.� i �' �� ,. � � '. 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