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04-374Council File # �� Green Sheet # �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 r� Presented By Resolution # PAUL, MINNESOTA Referred To \, / Committee: Date 23 WHEREAS, pursuant to Minn. Stai. §462.357 and Saint Paul Legislative Code §64.400, Thomas DeLisfe, Zoning File #03-259-778, duly petitioned to rezone property legatly described as the East 40 feet of Lot 1, Block 3 of Messerfi and Eschbach's Addition, PI N 28-29-22-44-0097, commonly known as 1236 East 7'" Street, from OS-1 Local Offic�Service District to B-1 Local Business District for the purpose of operating a small market and deli; and WHEREAS, the Zoning Committee ofthe Planning Commission held a public hearing on June 5, 2003, forthe purpose of considering the rezoning petition, where all persons interested were given an opportunity to be heard, and at the close of the public hearing, based on ali the records an testimony, the Zoning Committee recommended that the rezoning be approved; and WHEREAS, the Planning Commission considered the rezoning petition and the Zoning Committee's recommendation at its meeting on June '13, 2003, and aiso recommended that the City Council approve the rezoning; and WHEREAS, notice of public hearing before the City Council on said rezoning petition was duly published in the official newspaper of the City on July 9, 2003, and notices were duly mailed to each owner of affected property and property situated wholly or partiy within 350 feet of the property to be rezoned; and WHEREAS, a publichearing was conducted before the CityCouncil on July23, 2003, where all interested parties were given an opportunity to be heard, and the City Council, having considered all facts and recommendations conceming the rezoning, found the proposed rezoning to be inconsistentwith the District4 Plan Update and potentiallydetrimental to adjacent residential property, therefore, the Saint Paul City CounCil does hereby RESOLVE, that the petition of Thomas DeLisle to rezone property legally described as the East 40 feet of Lot 1, Block 3 of Messerii and Eschbach's Addition, PIN 28-29-22-44-0097, commonly known as 1236 East 7'" Street, from OS-1 Local Office-Seroice District to B-1 Locaf Business Distriet, is hereby denied. Adoption Certified By' Approved by May� By: Council Secretary Requested by Department oP: Plannin & Economic Develo me t By: Approved by Financial Services By: Form Approved by City Attorney by Adopted by Council: Date��H � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green She t ' Department/o�ce/council: i Date Initiated: '�; ' Green Sheet NO: 3013582 �, PE `Planning & Economic Developmeni � 17-MAR-04 i Contact Person ffi Phone- � � Department Sent To Person lniGall�ate I ', P. SimiSOn i � I 0 Ylanninc & Economic Develoo Director � �! 266-6554 I Assign % 1 ' GiN Attoroev CiN attornev 3'2 y' ° Y j � Must Be on Council Agenda by (Date): i Number I ,� i 2 aYlawr's Office � Mavo �� APril 7, 2064 i For � 3 ouncil 1 C�riCouncil � I� , , Routing � Order Total # of Signature Pages _(Clip All Locations for Signature) To approve resolufion denying zone change from OS-1 to B-1 fox properiy at 1236 East Seventh S�eet; confums Council acrion of I, 7/23/2003. I ' Recommendations: Approve (A) or Reject (R): � Personal Service Contracts Must Answer the Following Questions: Planning Commission qB Committee Civil Service Commission Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Council denied request for zone change on 7/23/2003. Resolurion confums Council vote taken on that day. Advantapes If Approvetl: Confirms Council acrion. Disativantapes If Approved: None �3�� 4 �.!! Disadvanqqes If Not Approved: Council acrion will not be confumed. 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this personffirtn 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 1 EiiR � � �� Total Amount of Transaction: Funding Source: CosURevenue Budgeted: Activity Number: pe - �O �ar•4 _-�v �+� , ._a..�-.,,, 4... ,� Fi nancial I nformatio n: ' � � (Explain) ��5�5 ed � C1�i1V' � Erickson - CC pub hear DEPARTMEM OF PIANNING 8 ECONOMIC DEVELOPMENT Tmy ScheMer, 48er"rn D"rector Isni�r v�uc � AAAA • RarMyKeAy, Ma}ror dune 30,2003 Ms. Mary Erickson City Counal Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: NOTICE OF PUBLIC HEARING The Paul City Council will con- duct a public hearing oa. Wednesday, July 23, 2003, at 5:30 p.m. in the City Council Chambers, Third Floor, City 25westFairthS6eet Hall-Courthouse, 15 West Kellogg S�t PeuS �55�02 Boulevazd, 5aint Paul, MN, to consider the application of Thomas DeLisle to re- zone property from OS-1 (Local Office Service District) to B-1 (E,ocal Business Diatriet) to permit a gocery/deli arid resi�ential units at 1236 East 7th Street, southwest corner of Atlantic Street. Dated: Jssly 1, 2003 MARY ERSCKSON, _ . Assistant City Council Secretary {July 3) - = 8'I: PAU4 LEGAL LEDGBR e— _ 22068868 I would like to confirm that a public hearing before the City Council is scheduled far Wednesday July 23, 2003, for the following zoning case: Applicant; THOMAS DE LISLE File Number: #03-299-778 Pmpose: Rezan'nig frbm OS-1 Local Office Service District to B-1 Loca] Business Dish to permit a gocety/deli and resi�tial imits Address: 1236 East 7"' Sh�e�, southwest comer of At]antic Legal Description of Propaty: EAST 40 FEET OF LOT 1, BLOCK 3 OF MESSERLI AND ESCHSACH'S ADDTTION. (PIN 28-24-22114-0097). Previous Action: Zoning Committee Recommendation: Approval; vote: 8-0; June 5, 2003 Planning Commission Recommendation: Approval; unanimous vote; June 13, 2003 My understanding is that this public hearing request will appear on the agenda for the July 23, 2003 City Council meeting and'that you will pubiish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266�554 iF you have any questions. S'nmcerely, Peielope Simison DEPARTMENI'OFPLANNING & ECONOMIC DEVELOPMENY To'ry Scherder, INerim Directo� er� oF sa�rT �ur., RondY KeIIy , Mayor �� 7xme30; 2b03 Ms. Mary Erickson City CounciI Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 � • Dear Ms. Erickson: ZSWestFourthStreet S�rtPmrZ, MN55702 o�f-37 �f ?elephone: 612d66-6�65 FacsimiZe: 672-228-3374 I would like to confirm that a public heating before the City Council is scheduled for Wednesday Ju'(�23; `ZQ03 for the following zoning case: Applicant: TS30I5Il�S:bE I:ISLE File Number: #6k3:=299;77$ Purpose: Rezoning &6m v3ce-Dksfiictto $';I'LoeaL$�suies� � ��o peiinitrya gro,cefy/delirau��esicl"entiat�.urii#s Address: 123'6�East"3"`�tie'et,.sroiiffiwes� csrruei af tAtlaniic Lega1 Description of Properry: EAST 40 FEET OF LOT 1, BLOCK 3 OF MESSERLI AND ESCHBACIi'S ADDITTON. (PIN 2&29-22-44A097). Previous Action: Zoning Committee Recommendation:?ippzoval;<vote°: $=0� �i�e:5; 20;0' Planning Commission Recommendation: tlpproval;°�ivani�aus vote,�uue��; 2�b� My understanding is that this public hearing request will appeaz on the agenda for the �"��3�� City Council meeting and that you will publish notice of the hearing in the Saint Paul Lega1 Ledger. Please call me at 266=6554 if you have any questions. Sincerely, ��-�-IILJt� �,�/'1�'Q'o7� ��( P.e�eYops:Sam'tson City Planner cc: File # 03-299=7T8 Cazol Martineau Paul Dubruiel Wendy Lane Allan Torstenson a4 -�? `t city of saint paul • planning commission resalution file number 03-56 date June �3, zoo3 WHEREAS, Thomas DeLisle, File # 03-299-778, has petifioned under fhe provisions of §84.400 of the Legislative Code to rezone property located at 'f 236 East 7th Sfreef, Parcel Identification Number (PIN) 28-29-22-44-0097, legally described as EAST 40 FEET OF�LOT 1, BLOCK 3 OF MESSERL( AND ESCHBACFf'S ADDiTlO�! fcom OS-1 (Locat flifice-Service District) to B-1 � (Loca1 Business District); and . WHEt2EAS, the Zoning Commiftee of the Planning Commission, on June 5, 2003, hsld a public _ hearing af 4vhich ali pessons psesenf were given an bpportunity to be heard pursuant to said _, petition in accordance with the requirements of:§64:300 of the Saint Paul Legis(afive:Code; and ____. __WNEQ�AS, the Saint Paul Planning Commission, based an the�evidence presented��Sts -- • Zoning Committee at the public hearing as substantia(ly rsflecfed in the minutes, made the following findings offact: 1. The properfy includes a fwo-story mixed-use bu7ding at 1236 East 7"' Street, on the southwest comer of Aflanfic Streef, with retail space-and a studio apartment on the first floor . and a 3-bedroom apartment on the second floor. There are five (5) surtace parking spaces at the rear of the building, off the altey. The applicant has sYated that the first floor retail space, with a fotal of 2,017 square feet, will be renovated and used for a smatf market and deli; an on-site kitchen will be used to prepare food sold in the defi. Food -will be available only for, take-out and fhere will _be no tables for dining. � The appiicant has stated that the operator of the market and deli intends to five in the apartment ort the second floor of the subject propsrty and to rent the studio apartment. 2. The propased rezoning to 6-1 is compafible and consistent with fhe proposed use of the site. The B-1 zone is intended to._provide uses that are necessa .ry to satisfy the basic convenience shopping and service needs of persons residing in nearby residential areas. in addition, the proposed rezoning is compatibie and consisfent with the surrounding area, wtfich includes residenfial uses on East 7"' St�eet. East 77'�" S�reet in firont of the subject property is class�ed as a collector. moved by Fie1d seconded by . in favor �nan�ous • against o� 3�'� that is permitted azound tfie colleges. He stated that it is the mimber of rental properties tbat is • the problem, it is not the students that aze the problem. Capping it would contain the problem that we have now and then me can work on community efforts and commuuicatioa with the rest of the problems. 29. Tom Vittori(?), 1894 Iglehart Avenue, Saint Paul, MN. He. stated it is difficutt for suigle families to buy the big homes and that has not been addressed in the ordinance. It is much easier for someone who is renting to buy them and convert them to student housittg than it is for a single family to btry tfiem. A lot of these homes aze older and aze in need of a lot of repair, taxes aze higfl, etc. There are a Iot of breaks for people who aze renring that don't ' exist for single-family homeowners. 34. Ellen Wauers, Saint Panl Area Chamber of Commerce. Ms. Watters stated the Chamber fias not taken a position on this but is very encouraged that there will be some addirional convetsations about tfiis over the course of the c��m They do have some concerns about the economics of this; what the economic impact on students and the rental housing market would be. In addition, the costs of the new ordinance and its enforceme� should be considered versus perhaps investing more m the licensing and code enforcement system that already exists. Additional analysis needs to be done on these issues before any of us can make an informed decision on this proposed vrdinance. As a Saint Paul resident who lives in the neighborhood of Saint Anihony Pazk, which for well over a decade been more than 50 � rental, the discussion about rental versus home ownecship levels concerns her. Ms. Watters stated tUat in many cities across the country slrong neigh6orhoods ate neighborhoods vrith a . lot of rental, and ske is concemed about the attitude that rernai is automatically a denigration to our community. Commissioner Faricy thanked everyone who participated in the public heazmg and produced written testimony. She stated this ordinance needs a Iot more work whether it is passed or not. MOTION: Commissioner Faricy moved to close the public hearing and keep the wri[ten portion. open unhZ Tuesday, June I� a14:30 p.m., and refer tlzis matter back to the 1Veighborhoad & Currenx Plarzrzirzg Commiltee sometime in the future. Motion seconded by Commisszoner Donnelly-Cohen. The motion canied unmzimously on a voice vote. V. Zoning CommiEtee Commissioner Field gave the Zoning Committee report of June 5, 2003. #03-299-777 Marv Morelli and ESNDC - Rezone from RT-1 Two-Family Residential to B-2 . Community Business for office-retail development. 565 & 573 Payne Ave., NW corner at Hopldns. (Pemry Simrson, 651/266-G554) Commissioner Fie1d stated that District 5 recommends approval. No one spoke in support. No one spoke in opposition. The pubfic hean� was closecL The Zoning Committee recommended approval on a vote of 7-0, with i abstention (Mejia). MOTI01�: Commissioner Field moved the Zoning Committee's recommendation to apprwe the • 13 o5f -37�F tbat is permitted azound the colleges. He stated thai it is the uumber of rental properties that is � the p�oblem, it is not the students that aze the probiem. Capping it would contain the problem that we fiave now and then we caa work on community efforts and communication with the rest of the problems. 29. Tom V'rttori(?), 1894 Iglehart Avenue, Saint Paul, MN. He. stated it is difficult for singie families to buy the big hames and that bas not been addressed in the ordinance. It is much easier for someone who is renting to buy ihem and convert them to student housing than it is for a single famly to buy tfiem. A lot vf these homes are older and are in need of a lot of repair, taYes are high, etc. There are a lot of breaks for peapie mho aze renting that don't " exist for singIe-family homeowners. 30. Ellen Watters, Saint Paul Area Ct�amber of Commerce. Ms. Watters stated the Chamber has not taken a position on this but is very encouraged that there will be some additional conversations about this over the course of the summer. They do have some concerns about the economics of this; what the economic mmpact on sdidents aud ihe rentai housing market would be. In addition, the cos#s of the �w orflinance and its enfozc�ment shouid be considered versus perhaps �vesting more in the licensing and code enforcement system that already exists. Additional analysis needs to be done on these issues before any of us can make an informed decision on this proposed ordinance. As a Saint Paul resident who lives in the neighborhood of Saint Anthony Pazk, which for well over a decade been more than 50� rental, the discussion about rental versus home ownerslup levels concerns her. Ms. FVatters stated thatin many cities across the cou�try strong neighborhoods are neighborhoods with a lot of r�tai, and slie is concerned about the attitude that rentaI is automatically a denigrarion � #o our community. , Commissioner Faricy thanked everyone who participated in the public hearing and produced written testimony. She stated this ordinance needs a lot more work whether it is passed or not. MOTION: Commissioner Faricy moved to close the public hearing and keep the written porlion open urzhT Tuesday, June 17� at 4:30 p.m., ¢nd refer this matter back to the Neighborhood & Cu�rent P�in'urg Comnritlee somemne rn Jhe future. Motion seconded by Commissioner Z?�annelly-Gohen. The motion carrie8 unanimously on a voice vote. V. Zo DIIIg Committee Commissioner Field gave the Zoning Committee report of June 5, 2003. #03-299-7T7 Marv Niorelli and ESNDC - Rezone from RT I TwaFamily Residenfiai to B-2 . Community Business for offica-serail sIevelopment. 563 8c i73 Payne Ave., NW corner at Hopkins. (PemrySimi.son, 651/26�6534) Commissioner Fieid stated that District 5 recammends approvat. No one spoke in support. I3o one spoke in opposition. The public hearing was closed. The Zoning Committee recAmmended approval on a vote of 7-0, with 1 abstention (Mejia). MOTION: Commissioner Fietd moved the Zoning Committee's recommendation to approve the � 13 m JUL-23-2003 11�44 PED 14TH FLpOR Zoriing File # 03-299-778 Juns 5, 2003, P(anning �ommission Resoiution Page 2 3. The proposed rezoning is consistent with the provisions of fhe City's Comprehensive Pian. The Generaf Land Use Plan map, in fhe Land Uss efement, designates East 7�' Street fior neighborhood commerciai uses. Moreover, the proposed rezoning meets severai of the generai purposes stated in Section 2.2 of the Land Use element; these purposes Include encour�ging privats investment; enhancing exisfing communities; enhancing the quallty of place and supporfing community well-being; and, promo6ng a balance of Iand uses. o�3�y NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission recommends to the City �ouncil fhat the petition of Thomas DeLisle to rezone praperty at 1236 East 7th Street, Parcel Identification Nuinber (PINj 28-29-22-44=0037 legally described as EAST 40 FEET OF LOT 9, BLOCK 3 OF MESSERIi AND ESCHBRCH'S A�DITION from OS-1 (l.oc�l Office-Service C�istr�ct) to B-1 (LocaFBusiness District5 be approved. 6512283220 P.03/03 � TOTAL P.83 05�-3 �� • reZOning. The motion carried urzaatimousiy on a voice vote. #03-299-778 Thomas J. DeLisle - Rezone from OS-1 Office-Service to B-1 Local Business for a small g�ocery/deli. 1236 =1240 E. '7"` St, SW comer at Atlantic. (Penrry Simison, 651/266-6654) Commissioner Field stated no district comment was received. No one spoke in support. No one spoke in opposition. The public hearing was closed. The Zoning Committee recommended approvai on a vote of 8-0. ' MOTION: Commissioner Field moved the Zoning Committee's recommend¢iwg to approve the rezoning. Commissioner Field stated there was a letter sent to the Planning Commission which is in opposition to this case, which was the only testimony received on this case. The motion carried unanimously on a voice vot� #03-304329 ESNDC - Condifional Use Permit for outdoor sales at a farmers mazket. 926 Payne Ave., SE corner at Sims. (Patricia James, 651/266-6639) Commissioner Field stated that District 5 recommends approval. No one spoke in support. No one spoke in opposition. The public hearing was closed. The Zoning Committee recommended approval on a vote of 8-0. • lYTOTION: Commissioner Field moved the Zoning Commi#ee's recommendation to approve the coadifional use. The motion carried unanimousty on a voice vote. #03-301-666 Eric Robbins - fiNT Fireworks - Determination of Similu Use and Conditional Use Permit for outdoor sales of fireworks. Midway Marketplace, 1450 University Ave., SE corner at Pascal. (Joel Spoonheim, 651/266-6614) Commissioner Field stated District 11 and District 13 Snelling/Hamline Community Council recommends denial. No one spoke in support. Two pazties spoke in opposition. T7ie public hearing was closed. The Zoning Committee recommended approval on a vote of 8-0. MOTION: Comntissioner Field moved the Zoning Committee's recommendation to approve with conditions the deternrinafion of simitar use and coaditional use Commissioner Field stated this consists of a tent that wiil be set up from 7une 25"` -July 5"' for fireworks that aze legal in the State of Minnesota. These aze non-profit organizations who aze selling fireworks to raise money for a church. Cbmmissioner Kramer stated these permits aze oniy good for this yeaz and oniy on these certain days, so if fhis doesn't work out the way it is envisioned it won't continue_ The motion carried unanimousty on a voice vote. • 14 0��3 ��f MINUTES OF THE ZONING COMMITTEE Thursday, June 5, 2003, 2003 - 3:30 p.m. • City Council Chambers, 3rd Floor City Hali and Court House 15 West Kellogg Boutevard PRESENT: STAFF: Anfang, Alton, Faricy, Field, Gordon, Kramer, Mejia, and Morton Carol Martineau, Penelope Simison, Allan Torstenson, Peter Wamer The meeting was chaired by Gommissioner Field. Thomas J. Delisle-03-299-778 - Rezone from OS-1 Office-service to B-1 Local Business for a small grocery/deli. 1236-1240 E. 7th S., SW corner at Attantic. Penefope Simison presented the staff report with a recommendation of approva4 for the rezoning. Yer Yiong Lee, operator of the proposed commercia( use, explained fhat the first floor of 1238 7th Street is where the retail grocery store would be located, at 1237 would be the carry-out deli, and they wouid maintain the upstairs building. The business fiours would be 9:00 am to 8:00 pm. No one spoke in support or opposition. The public hearing was closed. � he question of Commissioner Kramer, Mr. Torstenson stated the previous use was commercial and there no additional parking required over the five originat parking spaces. Commissioner Faricy moved approval of the rezoning. Gommissioner Gordon seconded the motion. The motion was appraved by a vote of 8-0. Adopfed Drafted by: Caroi Martineau Recording Secretary Yeas - 8 Nays - 0 by: Approved by: Litton Field Chair \J Jun au uo Uo•�ur uNL.�� Otl-37�i �Ifl f �� % .� � �� D aytan' s B Iuff District 4 �ommuni Council 748 B. 7th STreet, Saint PauI, MN 55106 • Phone 651-772-2075 • Fax 65I-77435I0 V sit our web site at www.daytonsbluff.org June 10, 2003 Penny Simison 1204 City Hall Annex 25 West 4 Street 5aint Paul MN SS IO2 Deaz Ms. Simison: The Dayton's Bluff Community Councii passed a resolufion at our June 9. 2003 Housing, finvironment, and Economic Development meeting to oppose the rezoning of the � building at 1236 —124Q East 7�' Street from RT-1 to B-2. A number of the neighbors contacted us who oppose this projec� Some of their concerns included generating more trash and litfer in the neighborhood and increased traffic in the azea. A common practice of the Dayton's BluffCommunity Council is to encourage the neigfibors of the affected area to make recommendations zegazding localized issues and we will supporrt the'u recommendation. Please make tkus letter available to ail the Pianning Commission members. Thank you for your assistance. If you need more inforniation from us please call me at 772-2075. Sincerely. �� Karin AuPaut Community Organizer Cc. Councilmember Kathy Lantry • � � , 1 � � { �� u �� / • / ' / / I ' I I / / / I I ��i�� t" � 651-771-2232 June 12,2003 To: City of Saint Paul Pianning Commission f. 651-22&33i4 From: Dartiel Maliet artd Juan Abrahante i 242 7th Street East Saint Paui, MN 551.06 651-771-2232 Re: Remning 1236 7ih Streef East File # 03-299-778 [�,t] Thu, Jun 12, 20�3 (}t 3:57 PM [� 1/1 �� ii has come to our knowledge thai the purchaser ofi 1236 7th Street East wouid like to operate a groceryldefi.out of that current structure. We are miting to oppose any such use of that property for 3 reasons. 1. We purchased our home Iocated on the same side and directly across the street from the subject address last August. We intend to restore this 1911 home to its original condiiion as weli as updating landscaping and other property improvements. We believe thai aUowing this grocery/deli to open next to our properiy would resuli in a toss of property value for our home, essentially rendering arry restoratiort burdened by the fact of this grocery/deli opening across the street. 2. Parking is a major concern. There are a(ready Iimited number of street spaces availabie since Atlantic Street is curren� on the bus iine.. Atthough tfiere is a smatf parbng (ot, we 6elieve it will not be abie to accommodate its customers due to ihe configuration of it The ownerwe suspect wi11 have ai least one vehicle, they iniend To reni out an apartment above the store which will include another vehiGe, this makes at least 2 parked in the 1ot at any given time. 8ecause of the tayout of the current parking iot they would onty be abfe to host 2-3 more vehicles to park while they shop at this store. Once that is full the vehicles wiil most likely blodc the 6us stop in front of the store or fake up ail the space around our home, which would leave no space for us to use should we happen to have company. 3. Garbage is the other issue affecting as. Every day we have to go out and pick up numerous amounts of litter from passing vehides but mainiy the bus passengers, of which It wouid be nice if the Ciiy of Saini Paut would enforce Vittering. We 6elieve this store wilt only make the issue worse, not only because of the possibie titter caused by their products, aiso by the amount ot traflic and loitering it will bring. We sirtcerely hope that the plartrting commission witl deny the request to rezone this property. We have taken this issue to the Dayton's BIufF Community Council which agreed with us that the on(y zoning that shouid be done with that properiy is to maich the ezisting azea and zone it residential. Thankyou in advance tor hearing our objection, Sincerely, Dan Maltet • Juan Abrahante � ss�a��-az32 June12,2003 To: Ciiy of Saint Paui Pianning Commission f. 651-228-3314 From: Daniei Maitet and Juan Abrahante 1242 7ih Sireet East Saint Paul, MN 551.06 651-771-2232 Re: Remning 1236 72h Street East File # 03-299-778 (�]i Thu, Jun 12, 2003 Q 3:57 PM (� in p�{-37�{ L J lt has come to our knowledge that the putchaser ot 1236 7th Street East would Iike to operate a grocery/deli. out of that r,lirrent structure. We are wri8ng to oppose any such use o# that properiy {or 3 reasons. 1. We purchased our home located on the same side and direcily across the street from the subject address Iast August. We intend to restore this 1911 home to its original condition as well as updating landscaping and oiher property improvements. We believe that allowing this grocery/deli to open next to our property wouid result in a loss of proQerty value for our home, essentiaily rendes+ng any restoration burdened by the fact oi ihis groceryldeli opening across the street. 2. Parking is a major concem. There are aiready iimiied number of street spaCes avaitable since Atiantic Street is current� on the bus Iine,. Although there is a smaii parking Iot, we believe it wiil not be abie to accommodate its customers due to the configuration of it. The ownarvue suspeci wiil have at ieast one vehicie, they intend to rent out an apartment above the store which will inciude another uehicle, this makes at Ieast 2 parked in the lot at any given time. 8ecause ofi the layoui ot the current parking lot they would only be able to host 2-3 more vehicies to park while they shop at this store. Once that is full the vehicies will rtrost likety biock the bus srop in front oi the strne os fa4ce up aIi the space arourrd our home, which would leave no space for us to use shouid we happen to have company. 3. Garbage is if�e a#her issue aflecting us. Every day we have to go out and pick up numerous amounts of litter from passing vehicles but mainiy the bus passengers, of which it woutd be nice if ihe City oi Saint Paul wouid enforce littering. We . believe this store wili oniy make the issue worse, not only because of tha possible {itter caused by their products, a{so by the amount ot traffic and ioitering ii will bring. We sincerely hope fhat ihe plarming commission wil� deny fhe request to rezone this property. We have taken this issue Uo ihe Dayton's Bluff Cammunity Gb�i[ wt�icts agreed rxith us thai the oniy zoning that shouid be done with that property is to match ihe existing area and zone ii resideniiai. Thank you in advance tor hearing aur abjQCiian, Sincerely, Dan Maifet Juan Abrahante L� 0�-3 ZONING COMMITTEE STAFF REPORT • FILE # 03-299-778 9. APPLICANT: Thomas DeLisle HEARING DATE: June 5, 2003 2. TYPE OF APPLICATtON: Rezoning 3. LOCATION: 1236 East Seventh Street 4. PIN & LEGAL DESCRtPTION: 2&29-22-44-0097; EAST 40 FEET OF LOT 1, BLOCK.3 OF MESSERU AND ESCHBACH'S ADDITION. 5. PLANNING DISTRICT: 4 PRESENT ZOI�[fNG: OS-1 6. ZONiNG C�DE REFERENCE: Secfion 64.400 7: STAFF REPORT DATE: May 28, 2003 BY: Penetope Simison 8. DATE RECEIVED: May 5, 2003 � DEADLINE FOR ACTiON: July 4, 2003 A. PURPOSE: Rezone from OS-1 (Locai Office-Service District} to. B-1 (Locai Business District) B. PARCEL S12E: 4,880 square feet C. EXISTING LAND USE: Commercial (currently vacarrt). D. SllRROUNDING LAND USE: North: Singie-famify residential (RT-1) East Singie-family residenfiai (RT-1) South: Single-family residential (RT-1) West: Singte-family residential (R7-1} E. ZONlNG GODE CITATION: Section 64.400 (a) of the zoning code provides for rezoning of Qroperty by the City. Counci(, pursuant to the provisions of Minszesofa Statutes Section 462.357, upon initiation of a rezbning appiication by petition of the owners of the property.to be rezoned. F. HISTORYIDISCUSSiON: No previous cases for the subject property are on fite. G. DtSTRtCT COUNCIL REC�MMENDAT{ON: No District Councif recommendation was received at the time this staff report was submitted. H. FINDINGS: 1. The property includes a two-story mixed-use buiid'mg at 1236 East 7"" Street, on the sotithwest comer of Atfantic Street, with retail space and a studio apartment on the first floor and a 3-bedroom apartment on the second floor. There are five (5) surface parking spaces at the rear of the building, off #he alley. - - aY�i� Zoning File # 03-299-778 ItAay 28, 2003 Page: 2 The applicant has sfated that the first floor refail space, with a tota! of 2,017 square feet, wilt be renovated and used for a smati market and deli; an on-site kifchen will be used to prepare foo.d sold in the deti. Food wil! be avaitable only for take-out artd fhere witt be no tables for dining. The appiicant has stated that fhe operator of the market and deli intends to live in the apartment on the second floor of the subjecf property and to rerrt the studio apartment. 2. The proposed rezoning fo B-i is compafible and consistent with the. proposed use of the site. The B�1 zone is intended to provide uses that are necessary to satisfy tfie basic convenience shopping and service needs of persons residing in nearby reside�tial areas. In addition, fhe proposed rezoning is compa6kle anii consistent with the surrounding araa, which includes residen6al uses on East 7'" Street. East 7'" Street in front of the subject properfy is classified as a collector. 3. The proposed rezorting is consistenE with the provisions of the Cit�s Comprehensive Plan. The General Land Use Plan map, in the Land Use elemerrt, designates East 7 Street for neighborhood commercial uses. Moreover, the proposed rezoning meets several of the generat purposes stafed in Secfion 22 of the Land Use elemerrt; these purposes incfude encouraging private investment; enhancing existing communities; enhancing the quatity of place and supporting community well-being; and, promoSng a 6alance of Iand uses. 1. STAFF RECOMMENDATION: Based on the findings above, sfaff recommends approval of the request by Thomas DeListe to rezone the subjecf proper[y at 1236 East 7"' Street from 05-1 Local Office- Service District to B-1 Local Business District. � • • o�t-37�f Zoning File # 03-299-778 May 28, 2003 Page:� 2 The appficant has stated fhaf the first floor refaii space, with a total of 2,017 square feet, will be renovated and used for a small market and de(i; an on-s�te kifcfien wi1l be used to prepare food sold in the deli. Food wi(I be avaitable only for fake-ouf and there Nrill be no tables for dining. The appiican{ has stafed thatthe operator of Yf�e maskef and deii intends to live in the apartment on the second floor of the subject property arad fo renf the studio apartment. 2. The proposed rezoning fo B-1 is compatible and co�sistent with #he_ propased use of the site. The B-1 zone is infended to provic3e uses that are necessary to satisfy the basic convenience sfiopping and service needs of persons residing in nearby residential areas. In addition, fhe proposed rezoning is compatible and consistent wifh the surrounding araa, which inciudes residenfiai uses on East 7'" Street. East 7'" Street in fronf of the subject property is ciassfied as a coliector. 3_ The proposed rezoning is consistent with the provisions of fhe Citys Comprehensive Plan. The Generai Land Use Pian map, in the Land Use element, designates East 7" Sfreet for neighf�orhood commercial uses. Moreover, the proposed rezoning mee#s several of the generaf purpases s#ated in Section 2.2 of the Land Use element; these purposes inctude encouragi�g private investmerit; enhancing existing communities; �nhancin9 #he quafity of place and supporting community wetl-being; and, promoting a baiance of land uses. 1. STAFF RECOMMENDATION: Based on fhe findings above, staff recommends approval of the request by Thomas DeLisle to rezone the subject property at 1236 East 7"' Strest irom OS-1 Locai O�ce- Service Disfrict to B-1 Locai Business District. � � � o4-3�y PETJTIDN TO AMEN� THE ZONING CODE I?eparknent of Planning and Economic Develnpment Zox'utg Secliox I � 2S Wes[FourUt Stteet � SabrtPatr{ MNSSIO2-I634 (65I)266-6589 �. . Property Ownei Thomas J. DeLisle . APPLtCANT Address 1146 Rzce Street � City_ St_Pa j S't. Zip 55117 DaytimePhone 651-488-a561 � Co�tactPersoa(ifdifferenf) Michael Vierlin phone 651 -4 8 8-056I PROPERTY LOCATtON Address/Loeation 1236-1238-124Q E. 7th Stseet � LegalDescri�tion �@ East 40 Peet o€ Lot 1, &lock 3, Messerli and Eschbach s A i ion o e, o„ �,. Current Zonirtg {attach additio�a! sheet if necessary) TO THE HONORABIE MAYOR AND C(TY COUNCIL:. Pursua� to Secfion 64.400 of the Saint Paui Zoning Ordinance and to Section 462:357(5) of Minn�ota Statues, owner of land proposed for rezoning, hereby petitions you to e the above described property from a OS 1 zcning district to a B 1 zoning district,forthe purpose af: � to put in a small groc.ery/deli (attach additionai sheets ff necessary) NEfachmerrts as required: � Site Plan �, „ •� � / ;.�L..� , i � � �I /. - �-! � r1L� .� � Consertt Petition ❑ Affidavit Fee Oweer of perty TeEfe: _ ��_E �J LOUiSEE,SMIT�j xoraKr�BUC�ara� �r �arion ExarssJan.�, �5 " Page � of _ � ' _ - ` --�za� ->_ ;::�:.:.::�w�""� _ .::': .�,�' .�. �_:<.�.,__. . <. �.-..-g^€-=� �;�- .. z, ,i��. '_- -=3;:.s,-�,. 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