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04-1109Council File # 0 �� Resolution # Green Sheet # � �aT(( Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� Committee: Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Lot Split Approval for Patrick Ilfrey WHEREAS, Patrick Ilfrey, Zoning File # 04-140-599, has submitted for City Council approval the attached lot split to create 3 single-family residential parcels, with a variance of the requirement that the lots have frontage on an improved street, at 1374 Woodbridge St., between Cottage Avenue & the BNSF Railroad tracks; and WHEREAS the appropriate City departments have reviewed the lot split and found the following: 2. § 69.304 of the Zoning Code permits administrative approval of lot spiits and adjustments of common boundaries without platting, provided the following conditions are met: (1) The lot orlots have frontage on an existing improved street and access to municipal services. This condition is not met and must be varied by action of the City Council. (2) The lof orlots fo be divided are previously platted land. This condition is met. (3) The lot or lots meet the minimum standards for lot width and area for the zoning district in which they are /ocated. This condition is met. The minimum lot width and area in the R4 One-family Residential District is 40 ft. and 5000 sq. ft. All of the lots meet or exceed these minimums. (4) The division of the lots shall not cause a remaining part of a lof to become a separately described tract which does not meet the minimum standards of fhe zoning district in which it is located or which does not have street frontage and access to municipal services. This condition is met. All lots meet the minimum standards and have street frontage (although not on an improved street) and access to municipal services. (5) The division does not result in a split zoning classi�cation on a single lot. This condition is met. The entire area is zoned R4, One-family Residential. (6) The division does not result in the creation of a nonconforming structure or use. This condition will be met. The garage and gazebo that now encroach on other lots will be removed. (7) No lot sha!! be created where the building pad area for the principal structure has an existing slope steeper than eighteen (18) percent or where a driveway steeper than twenty (20) percent is required to reach the building site. However, the planning administrator may approve the creation of a steeper lot, as an exception to this regulation, where the steeper lot is specifically consistent with a city-approved neighborhood plan or redevelopment project. This condition is met. The lots have no steep slopes. Sec. 69.703 authorizes the city council to grant variances to the subdivision regulations when compliance would create an unusual hardship to the development of the land, based on the following findings: (1) The intent of this chapter is met. This finding is met. The intent of the subdivision regulations is to protect and promote the public health, safety and general welfare and to provide for the orderly, economic and safe development of land. The street does provide access to sewer and water, and the public health, safety, or generai welfare would not be endangered. (2) The granting of fhe variance will not be detrimental to the public safety, health or we(fare or injurious to other property or improvements in the neighborhood in which the properfy is located. This condition is met. The lots are of su�cient size, and there are other lots and houses with this same condition that have not been detrimental to the public safety, health, or welfare and are not injurious to other properly or improvements in the neighborhood. (3) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are generally not applicable to other property. This condition is 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Adoption Certified by Council Secretary (4) (5) [[�1 o�- �109 met. Woodbridge Street is paved north of Cottage, and most of the streets in Saint Paul are also paved. Having this stub street unpaved is a unique condition for this block and these lots. It may also be a temporary condition in that Woodbridge Street may be paved in the future. The Department of Public Works has approved a waiver of Section 71.06 of the Legislative Code (which also requires paved streets for the issuance of street numbers) upon the condition that neither the applicant or his/her successors and assigns contest future assessments for Woodbridge Street improvements The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by ofher properties in the same zoning district. This condition is met. Three houses currently have access from unimproved Woodbridge. The special conditions and circumstances do not result from the acfions of the applicant This condition is met. While the applicant is seeking to split the larger lot into three lots, he did not create the condition of the unpaved street. . Because of the particular natural surroundings, shape or topographical conditions of the specific property involved, unusual hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out. This condition is met. This oversized lot cannot be divided into three conforming R4 lots without this variance. Other properties across the street have been permitted to build. The applicant would not be able to develop this property without the variance, which would result in unusual hardship; and WHEREAS, notice of public hearing before the City Council was duly pubiished in the official newspaper of the City on September 16, 2004, and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet of the subject propefij; and W HEREAS, the City Council held a public hearing on the proposed lot split with variance on October 6, 2004, at which all interested parties were given an opportunity to be heard, and the Council having considered ali the facts and recommendations concerning the lot split; NOW, THEREFORE BE IT RESOLVED, that the City Council accepts and approves the attached lot spit of Patrick Ilfrey to create 3 single-family residential parcels, with variance of the requirement that lots have frontage on an improved street, subject to the following conditons: 1. The property owner, his/her successors and assigns shall agree to not contest future assessments for Woodbridge Street improvements. 2. The garage and gazebo that encroach on proposed new lot lines shall be removed within six months of the Council Resolution approving the Iot split. 3. The applicant shali file a copy of the Council Resolution approving the lot split with the Ramsey County Recorder's Office. By: Approved by May By: Requested by Department of: Plannin & ECOnomiC Develo ment _---��._ By : '—�' Approved by Finan ' Services By: Form Approved by City Attorney Adopted by Council : Date /V DU`em� �� " 1 �, o�—�� ♦ Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet DepartmenUofficelcouncil: Date Initiated: PE -p,��g��no��„e�op�t �NO�� , Green Sheet NO: 3024111 Contact Person & Phone: Patricia Jarnes 266-6639 on Council Agenda by 0 Ylannin2 & Economic Develoo Patricia James �� D� I lannin &EconomicDevelo i De rhnentDirector 2 'N Attomev I Ciri Attornev �' �a 7 3 vor's Ofiice Mavor/Assisffint � 4- ouncil I CiN Council 5 'ri Clerk I Ciri Clerk i � Assign Number For Routing Order ToWi # of Signature Pages �(Clip Ail Locations for Signature) Approve resolution memorializing City Council action to approve a lot split to create 3 single-family residential pazcels, with variance of the requirement that the lots have &ontage on an improved street. Public hearing held October 6, 2004. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service ConVacts Must Answer the Following �. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a ciry employee? Yes No 3. Does this person/frm possess a skill not normally possessed by any current 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): Patrick Ilfreq has applied for Subdivision by lot split to create 3 single-fanuly residenual pazcels, with variance of the requirement tUat lots have frontage on an nnproved street, on property located at 1374 Woodbridge St., between Cottage & Northem Pacific Rail Road. AdvantaqeslfApproved: City Council intent is finalized. r�a� F�e y, ;.� � �� _.�� `'�� '� �� DisadvantaqeslfApproved: None. Disadvantages If Not Approved: City CouncIl acflon will not bz completed. Total Amount of Transaction: Funding Source: Fi nancial I nformation: (E�cplain) CostlRevenue Budgeted: Activiri Number: �o��' � k � ��°� �tP�',�°Arn}t �nnbna ��k: DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Susan Kimberly, Director CITY OF SAINT PAUL Randy G Kelly, Mayor 25 Wesr Faunh Street Saint Paul. MN55102 � Telephone: 651-166-6700 F¢csimil e: 651-228-3220 lE�� E?aA��.,�h r`�,.:..., ;: . � . e. .. �, . �. �� ;. September 9, 2004 Ms. Mary Erickson City Council Research Office Room 310 Cifij 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 6, 2004, for the foilowing zoning case. Zoning File Number: Applicant: Address/location Purpose: Previous Action: OA-140-599 Patrick Ilfrey 1374 Woodbridge St., between Cottage & Northern Pacific Rail Road Subdivision (lot split) to create 3 single-family residential parcels, with variance of the requirement that lots have frontage on an improved street City staff has reviewed the proposed Iot split and approved it subject to City Council approval of the variance. A staff report will be prepared and provided to the Council the week prior to the public hearing. I have confirmed this day with Councilmember Helgen's office. My understanding is that this public hearing request will appear on the agenda for the September 22, 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. Sinc� ely, Patricia James City Planner cc: File #: 04-140-599 Applicant: Patrick Ilfrey Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson NO�ICE OF PQgyIC ggAWDiG. The Saint Pavl City Council will con- dvet a public heaxing on Wednesday, p¢_ tober 6, 2004 at 5•30 gm, in yhe Clty �a�b� be�'s,ThirdFloor,City$811, fora Subdiyisqon � � � $'ngle-f8m}Zy r�id��1 P�'cels at'1374 �� S�tceet, with varis�e oftbe re- lots have frontage oa an and Northern Pan�e Raitroad� ��: �P�mbes I4, 2004 " MnxY EiueKSOx n�;sra.,t c5ry ernu�4t seaer�ry (SePtember 16� � PdDL I,�AL LSD6ER � AA-ADA-EEO Employer o�- �raq District 6 Planning Council � ._ _ _ � - - .�:�_ � _ � Date: September 26, 2004 To: Patricia James patricia.iames(a�ci.stpaul.mn.us Planning & Economic Development [PED] 1400 City Hall Annex 25 West 4 Street Saint Paul, MN 55102 213 Front Avenue St. Paui, MN 55117 Phone 651 488-4485 Fax 651 488-0343 Re: File: 1374 Woodbridge — Lot Split with major variance for street frontage Dear Planning & Economic Development (PED]:: On September 22, 2004, the District 6 Planning Council Land Use Taskforce met and voted unanimously to lay over until October 27th the proposed lot split to allow applicant time to consider various options and prepare further for the next LUTF meeting. If there are any further questions or concerns from any of the parties involved, District 6 Planning Council can be reached at 651-488-4485. Thank you. Jeff Martens, Land Use Taskforce Chair District 6 Planning Council DEPARTMENT OFPLANNING & ECONOMIC DEVELOPMENT Susan Kimberly, Director CITY OF SAINT PAUL Randy C. Kelly�. Mayor September 20, 2004 Ms. Mary Erickson City Council Research Office Room 310 City Haii Saint Paul, Minnesota 55102 � 15WutFounhStreet Telephone:6i1-2666700 SaintPaul,MN5.i102 Fauimile:6.i]-228-3210 Re: Zoning File #: 04-140-599 Applicant: Patrick Ilfrey Address: 1374 Woodbridge St., between Cottage & Northern Pacific Rail Road Purpose: Subdivision (lot split) to create 3 single-family residential parcels, with variance of the requirement that lots have frontage on an improved street City Council Hearing • Staff Recommendation: Staff Assigned: October 6, 2004, 530 p.m., City Council Chambers Approve with conditions Patricia James, 266-6639 cc: Applicant: Patrick Ilfrey City Council Members District Council: 6 Wendy Lane Larry Soderholm AI1an Torstenson Peter Warner � AA-ADA-EEO Employer o�f-�fo�j SUBDIVISION STAFF REPORT � 1. APPLICANT: Patrick Ilfrey 2. TYPE OF APPLICATION: Subdivision (lot split) with variance FILE # 04-140-599 HEARING DATE: October 6, 2004 , l 1 u 3. LOCATION: 1374 Woodbridge St., between Cottage & Northem Pac�c Rail Road 4. PIN AND LEGAL DESCRIPTION: PIN 24-29-23-41-0100, see subdivision documents for existing and proposed legal descriptions. 5. PLANNING DISTRICT: 6 6. ZONING CODE REFERENCE: §69.304; §69.703 7. STAFF REPORT DATE: September 14, 2004 8. DATE RECEIVED: August 25, 2004 PRESENT ZONING: R-4 BY: Patricia James DEADLINE FOR ACTION: December 23, 2004 A. PURPOSE: Subdivision (lot split) to create 3 single-family residential parceis, with variance of the requirement that lots have frontage on an improved street B. PARCEL SIZE: 18,799 sq. ft. total (Parcel A= 8751 sq. ft., Parcel B= 5001 sq. ft., Parcel C= 5047 sq. ft.) C. EXISTING LAND USE: single family house, garage, and outbuiiding D. SURROUNDING LAND USE: The site is bordered on three sides by low density single family and duplex residential uses. To the south are railroad tracks. E. ZONING CODE CITATION: §69.304 provides standards for approval of lot splits and adjustments of common boundaries; §69.703 sets standards for approving variances of the subdivision regulations. F_ HISTORY/DISCUSSION: A previous applicant withdrew an identical lot split application on August 23, 2004 (Zoning File # 04-065-469) G. DISTRICT COUNCIL RECOMMENDATION: None received at the time this staff report was prepared. H. REQUIRED FINDINGS: 1. § 69.304 of the Zoning Code permits administrative approval of lot splits and adjustments of common boundaries without platting, provided the following conditions are met: (1) The lot or lots have frontage on an existing improved street and access to municipal services. This condition is not met and must be varied by action of the City Council. (2) The lof or lofs fo be divided are previously platted fand. This condition is met. (3) The lot or lots meet the minimum standards for lot width and area for the zoning district in which fhey are located. This condition is met. The minimum lot width and area in the R4 One-family Residential District is 40 ft. and 5000 sq. ft. All of the lots meet or exceed these minimums. (4) The division of the lots sha11 not cause a remaining part of a lot to become a separately described fract which does not meet fhe minimum standards of the zoning disfricf in which it is locafed or which does not have street frontage and access to municipal services. This condition is met. All lots meet the minimum standards and have street frontage (although not on an improved street) and access to municipal services. (5) The division does not result in a split zoning classification on a single lot. This condition is met. The entire area is zoned R4, One-family Residentiai. (6) The division does not result in the creation of a nonconforming structure or use. This condition will be met. The garage and gazebo that now encroach on other lots wili be removed. (7) No lot shall be created where the building pad area for the principal strucfure has an existing s/ope steeper than eighteen (98) percent or where a driveway steeper than nventy (20) percent � is required to reach the building sife. However, fhe planning administrator may approve the creation of a steeper lot, as an exception to this regulation, where the steeper lot is specificaliy consistent with a ciiy-approved neighborhood plan or redevelopmenf project. This condition is met. The lots have no steep slopes. o� `/oy Zoning File # 04-104-599 Lot Split Variance Staff Report page 2 2. Sec. 69.703 authorizes the city council to grant variances to the subdivision regulations when compliance would create an unusual hardship to the development of the land, based on the following findings: (1) The intent of this chapter is met. This finding is met. The intent of the subdivision regulations is to protect and promote the public heaith, safety and general welfare and to provide for the orderly, economic and safe development of land. The street does provide access to sewer and water, and the public health, safety, or general welfare would not be endangered. (2) The granting of the variance wil! not be detrimental to the pu6lic safety, health or welfare o� injurious to other property or improvemenfs in the neighborfrood in which the property is located. This condition is met. The lots are of sufficient size, and there are other lots and houses with this same condition that have not been detrimental to the public safety, health, or welfare and are not injurious to other property or improvements in the neighborhood. (3) The conditions upon which the requesf for a variance is based are unique to the property for which the variance is soughf and are generally not applicable to other property. This condition is met. Woodbridge Street is paved north of Cottage, and most of the streets in Saint Paul are also paved. Having this stub street unpaved is a unique condition for this block and these lots. It may also be a temporary condition in that Woodbridge Street may be paved in the future. The Department of Public Works has approved a waiver of Section 71.06 of the Legislative Code (which also requires paved streets for the issuance of street numbers) upon the condition that neither the applicant or his/her successors and assigns contest future assessments for Woodbridge Street improvements �� (4) Ti�e literal interpretation of the provisions of this chapter would deprive the applicant of rights comrrronly enjoyed 6y other properties in the same zoning district. This condition is met. 7hree • houses currently have access from unimproved Woodbridge. (5) The specia! conditions and circumstances do not result from fhe actions of the applicant. This condition is met. While the applicant is seeking to split the larger lot into three lots, he did not create the condition of the unpaved street. . (6) Because of the particular natural surroundings, shape or topographical conditions of the specific property involved, unusual hardship fo the owner would result, as dis6nguished from a mere inconvenience, if the strict letter of these regulations were carried out. This condition is met. This oversized lot cannot be divided into three conforming R4 lots without this variance. Other properties across the street have been permitted to build. The applicant would not be able to develop this property without the variance, which would result in unusuai hardship. STAFF RECOMMENDATION: Based on the findings above, staff recommends approval of the subdivision by lot split to create 3 single-family residential parcels, with variance of the requirement that the lots have frontage on an improved street subject to the foliowing conditions: 1. The property owner, hislher successors and assigns shall agree to not contest future assessments for Woodbridge Street improvements. 2. The garage and gazebo that encroach on proposed new Iot lines shail be removed within six months of the Councit Resolution approving the lot split. 3. The applicant shali file a copy of the Council Resolution approving the lot spiit with the Ramsey County Recorders Office. Atfachments: Application Certificate of Survey (reduced) � Letter from Department of Public Works Site Location Maps �-/ioy APPLICATION FOR ZONING VARIANCE OFFICE OFLICENSE, INSPECTION, AND ENVIRONMENTi1L PROTECTION 300 Lowry Professional Euilding ��„ 350 St Peter Street Saint Paul, MN 55102-I510 (651) 266-9008 APPLICANT PROPERTY INFORMATION zo�� File #_ �� l� � S� Fee:-. Tenfati� Secho� Gity �- . � rvame �HZj� S(` !c i� F�E � Company Address {� �� pq�f.� v{ �G �, rC lf City�J�,a Rc�r LakF St.}�i�Zip i i> Daytime Phone jaS>- �/f}a-�%�� Property interest of Applicant (owner, contract purchaser, eta� 6a��. � r Name of Owner (if different) _ Address ! Location � 3 Legal Description_� (aftach additional sheet Lot Size Present Zoning Present Proposed 1. Variance(s) requested: ��+<��, �� _3��J �t) 2. What physical characteristics of the property p�event its being used for any of the permitted uses in your zone? (topogrephy, size and shape of lot, soil conditions, etc.) 3. Explain how the strict appiication of the provisions of the Zoning Qrdinance would result in peculiar or exceptional practical difficulties or exceptional undue hardships. CASHIERS USE ONLY 4. Explain how the granting of a variance will not be a substantial detriment to the pubiic good or a substantial impairtnent of the intent and purpose of the Zoning Ordinance. ApplicanYs Signature �K � oSs � ro oa P �/�/�y �lr—�� '�..: �.... � ` ,---- -� � . • ,W , � �-------- _ -- I % k �£ I N � i.v31fEV3 8 '�bM3�j0 $� — w �Ihl ''T � Q W ' � I � a _ J: w :g U« > � �h ¢ I m j Q° _ _ N n. C9 w f L£ � � � H � U � I CJ �- _ ' I I � r� o e w ti W V Z W � C � ° an O m � _<_.'�. �� mE V ` �'� qs °.�.5 Z a � `s"e aE=e� C � £ 'x° e�� ° - i eo Z � °�� etl6 � � °°'�� m V 4 [{ � � ��o z �:�° � p .` ] v $mO 6�3 V�= ' V 'V _� w Gt% : � � Ve q>=_.. o oesie V � V =- ��:3� z _�_s [� Fe °z�^ vi 3 � __ z'o^$ a3"`o= ° oQ a„m ; �v� `= � Z u S �a8�y O$«YUS �' r �Bq 3r=„j o°som- e $ S �dc �.4s_� ��<< 3.Zb,ZLW N 1332iLS 39aRi8400M �s ��eE .m� s =Ts � € � s � 6oE 3"ms "s��3;��s �3z� Soa3j�a� ��°-`� �� .xEe ��~_e.__.+30 4 � I ------ ; � O n I P99 - b0 Q> � M .Zi.Z£00 5 - � Q � U � Q � � ' LL U W$ U � 3 li QA o� V a _ °' a ps � d m i I Z u) � (fJ W i F I O � Z I wvs ___ . i n.� � �� I a G a U '� .. � � U ? �° S � ¢ o a � cs�— �ro� � To: City Council of St. Paul, NII� From: Patrick Ilfrey (Owner 1374 Woodbridge) Subject: Response to Variances for the lot split of 1374 Woodbridge would like to address the conditions for Sec. 69.703 to acquire a variance for Sec. 69304 (1). (1) I hope to show that the intent of the chapter is met through a survey, Public Works waiver, application and responses. (2) The public health will not be affected adversely, Peter White (St. Paul Public Works has granted a waiver on August 16, 2004. There are sewer and water mains in Woodbridge. There are aiready two houses built across the street. � (3) This condition is unique to my property. (4) There are two houses across the street which ha�e been previously built and I am asking for the same consideration. (5) I acquired the property with the current arrangement. (6) Due to the large amount of land, having to maintain the property is tedious and expensive at $80.00 per week. I cannot afford to maintain the property in the current arrangement. � Thank you for your time and consideration, �� /�� L'/aS/o/ / � Patrick Ilfrey . 6165 Woodchuck Circie White Bear lake, NIN 55110 a `�-��oq Irrterdepartinerrtal Memorandum CITY OF SAINT PAUL To: Allan Torstenson PED /Zoning, 1400 City Hall Annex From: Peter White ,�✓v�J Public Works Technical Services Re: Lot Split at 1374 Woodbridge St. Date: August 16, 2004 The Department of Public Works has completed a review of the above referenced lot split with input from the water uulity and the fire department. The current legal description and property identification number are as follows: PIN - 24-29-23-41-0100 • Legal Description: I,ots 2, 3, 4, and 5, Block 3, Rice Street Villas Subdivision of Lots 8-10-12-13 and the East 275 feet of 11, Walcotts Addition to Cottage Homes, and Lot 14, Biock 14, Hager's Subdivision of I.ots 1, 2, 3, 4, 5, 6, 7, 14, 15, 16, 17, 18 of Walcotts Addition to Cottage Homes, except the North 40 feet and the South 68.8 feet thereof, Ramsey County, Minnesota. They are proposing to split the current parcel into three parcels as shown on their survey. Woodbridge Street south of Cottage is currently assessed as a graded /dirt street and as such is classified as "unimproved: ' There aze sewer and water mains in Woodbridge, so utilities are available. The Department of Public Works has no objection to the lot split approval and is hereby granting a waiver of the requirement for improved street frontage under Section 71.06 of the Saint Paul Legislative Code, subject to the following requirement: The property owner, his/her successors and assigns shall agree to not contest future assessments for Woodbridge Street improvements. This requirement shall be included in the resolution granting the lot split approval. copy: Paul Dubruiel, 1400 CHA Dave Middleton, Coldwell Banker Burnet Realty . 2020 Washington Ave., Stiilwater, MN 55082 Citizen P�rticipation Districts n �J ,a. NORTH MERRIAM t'I. 8:SUMMR 7. SUNRAY-E -HIGHWOOD 16. SUMMIT HILL N w�e : • -� CITIZEN PARTICIPATION PLANNING DISTRICTS 1. Sunray-Battlecreek-Highwood 2. Greater East Side 3. West Side 4. Dayton's Bluff 5. Payne-Phalen � North End _ Thomas-Dale � 8. Summit-University 9. West Seventh 10. Como 11. Hamline-Midway 92. Saint Anthony 9 3. 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