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05-110Cauncil File # �_ �lI \ _� Presented By Refened To Green Sheet # 3024988 {$ Committee: Date 2 WHEREAS, Timothy Holden made application to the Board of Zoning Appeals 3 (hereinafter, the "BZA") in BZA file no. 04-132193, for a variance from the strict application of 4 the zoning code for property commonly lrnown as 1607 University Avenue West and legaliy 5 described as: Brightwood Park Lot 22 Blk 4; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ?g 29 30 31 32 33 34 35 36 37 3$ WHEREAS, the purpose of the said applicarion was to bring into compliance a newly constructed 100 sq. ft. roof sign where the maximum allowable signage for the subject property is SO sq. ft. and where there 163.5 sq. ft. of signage presently existing at the sub,}ect property which includes a legal, nonconforming rooftop sign. Since the signage present at the subject property already exceeds that allowed under the zoning code, the applicant requested a 100 sq. ft. variance; and WHEREAS, the BZA conducted a public hearing on September 13, 2004, after having provided notice to affected properiy owners, and the BZA, by its Resolution No. 04-132-193 adopted September 13, 2004, decided to deny the variance application based upon the following findings and conclusions: The property in question can be put to a reasonable use under the strict provisions of the code. The applicant states that this building is divided into two separate spaces with different tenants in each space. The business occupying the front half of the building advertises on the two existing signs, one a wall sign and one a rooftop sign. These signs have a total of 163 squaze feet of display azea. This is twice the allowable signage but these signs are legally nonconforming. The applicant wanted to provide some signage for the tenant in the rear half of the building and built a 1�0 square foot sign on the roof of the building. Unforiunately, the sign was erected without first obtaining the necessary permit, and since the signage on the property already exceeds that allowed, the new sign cannot be permitted without a variance. The two existing nonconfonning signs provide more than sufficient signage for this properiy. 2. The plight of the Zand owner is due to circumstances unique to this property, and these circumstances were not created by the land owner. When a commercial building has more than one tenant space, it is the owner's responsibility to allocate a portion of the auailable signage to each tenant. There is nothing unique about this property that would justify the requested variance and any RESOLUTION CITY OF SAINT�A�L, MIlVNESOTA hardship incurred has been created by the property owner. �j ��, 3. The proposed varlance is not in keep3ng with the spirit and intent of the code, nor is it consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. This request conforms to the provisions of Section 64.207 as follows: a. The sign would not be contrary to the general intent of this chapter. This condifion is not met. One of the purposes of the sign regulations is to promote concem for the visual environment. b. The sign would not create a hazard. This condition is not met. The sign was conshucted without the necessary building permits and at this point we haue no way to determine if the sign is structurally sound. c. The sign would not violate Minnesota Statutes or rules and regulations developed pursuantly thereto. This condition is met. There does not appear to be any violation of Minnesota Statutes, rules or regulations. d. The sign would not be objectionable to adjacent property owners. This condition is not met. We have received objections to this request from adjacent property owners. e. The sign would not adversely affect residential property through an excessive glare and lighting. This condition is not met. Although it is not clear if the sign would be illuminated, the sign will face residential property on the north side of Sherburne Avenue. f. 77te sign is in keeping with the general character of the surrounding area. This condition is not met. The proposed signage far this property is not consistent with other retail business property in the area. This variance is not in keeping with the spirit and intent of the code nor consistent with the health and welfare of nearby residents. 4. The proposed variance will not impair an adequate supply of Zight and air to adjacent property, but it will alter the essential character of the sur area and may unreasonably diminish established property vatues within the surrounding area. The adjacent properties are used far commercial purposes and the proposed sign would 1 have little effect on the supply of light or air. �_ `� 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 The pxoposed variance would allow the applicant to have more than three times the signage pemutted by the sign ordinance. The addirional roof sign would also add to the visual clutter on the properiy and would not be fair to other businesses in the area that must comply with the code. 5. 77te variance, ifgranted, would not permit any use that is not permitted under the pr-ovisions of the code for the property in the district where the affected land is Zocated, nor woutd it alter or change the zoning district class�cation of the property. The requested variance, if granted, would not change or alter the zoning classification of the property. 6. The request for variance is not based primarily on a desire to increase the value or income potentiad of the parcel of land. Lacking any evidence to the contrary, it appears that this variance request is based on a desire to facilitate the leasing of commercial space on the properiy. WHEREAS, on September 13, 2004, pursuant to Leg. Code § 61.702(a), Timothy Holden duly filed an appeal from the detertnination made by the BZA and requested a hearing befare the City Council for the purpose of considering the actions taken by the said Board; and WHEREAS, acting pursuant to Leg. 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 variance application, the report of staff, the record, minutes and resolution of the BZA, does hereby RESOLVE, that the Council of the City of Saint Paul hereby upholds the decision of the BZA in this matter based there being no showing by the appeliant that the BZA coxnmitted any error in fact, finding or procedure in this matter; and, be it FITRTHER RESOLVED, the appeal of Timothy J. Holden is hereby denied; and be it FURTHER RESOLVED, that the City Council adopts the findings of the BZA as its own; and be it 1 �'�,�, 2 FINALLY RESOLVED, that the Ciry Clerk shall mail a copy of this resolution to 3 Tnnothy J. Holden, the Zoning and Planning Administrators, the Plauuing Couimission and the 4 Board of Zoning Appeals. � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet -� . � � �� DepartmeMl�ce/council: �P — uc�se��speceon��;ro� rrot Confad Person 8 Phone: Peter Wamer 266-8710 on Council qgenda by (Date): Date Initia 24JAN-05 � Assign Number For Routing Order Green Sheet NO: 3024988 Deoar6nerrt Sent To Person 0 i n nviron P o 1 i n n ' n/Env�ron e artmentD'rector 2 3 0's ce a or istant 4 OO7 5 i Clerk C" Clerk Tofal # of SigaaWre Pages _(Clip AII locatioo5 for Sigaature) Action Requested: Council approval of a resolurion memorializing previous council acrion wluch denied Mr. Timothy Holden a variance from the zoning code to consiruct an additional sign at 1607 University Avenue West. ida6ons: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Mswer the Following 1. Has this person/firm ever worked under a contract for this departmen[? Yes No 2. Has this person/firm ever been a city employee? Yes No � 3. Dces this personffirm possess a sk+ll not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet " Initiating Protilem, Issues, Opportunity (Who, What, When, Where, Why): The Boazd of Zoning Appeals held a public hearing on September 13, 2004 where ,they denied Mr. Holden's request for a variance to conshuct fhis addi6onal advertising sign. Mr. Holden appealed to the City CouncIl. A public hearing was held on October 27� 2004 and the City Council upheld the decision of the Boazd of Zoning Appeals thereby denying &fr. Holden's appeal to construct tlils sign. AdvantageslfApprovetl: Disadvantages If Approvetl: Disadvantages If Not Approved: -= .r> ToWI Amount of Transaction: Funding Source: Financial Information: (Explain} ActiviN Number: �8S°a�'^.h (°ort�s�� t �CostlReyenue Budgeted: CTTY OF SAINT PAL3L �1'C�� OctObef 4� ZOQ4 Ms. Mary Erickson Couac�l Reseazch Qffice Room 310 City Hall Saint Paul, MN. 55102 Dear Ms. Erickson: OFFICE OP LICENSE, INSPECCIONS AND �o��. �o�oN 05- �� ✓�,E.� n�ara. LOWRPPROPFSSIONdZBUILDA'G Teleplrane: 651-266-9090 350SK PetoStreet, Srute300 Fotqetile: 657-Z66-9724 SnnuPau7,M�esata55102-I510 lYeb: www.cistpauL�me.uslliep I would Ike to confirm that a public hearing before the City Coimcil is scheduled for Wednesday, October 27, 2004 for the following wnmg case: Appellant: Zoning File #: Purpose: Location: Staff District : Board: Timothy Holden, 7683 Tea1 Alcove, Woodbury, Mn. 04-154093 Appeat a decision af the Board of Zonmg Appeals denymg a variance to legalize a roof sign mstalled without a pennit. 1607 University Ave W.. I' � �u��. �-� . District 11 recommended denial Denied on a 5-1 vote. I have confirmed tl�is date with the office of Council Member 7ay Benanav. My imderstanding is that this public hearmg request will appear on the agenda of the City Couacil at your earliest convenience and that you will publish notice of the hearing in the Saint Paul Lega1 Ledger. Thanks S'II1CCIen'� 7ohn Hardwick, Zoning Specialist AA-ADA-EEA Rmployet NOTICE OF PIIBLIG jiEARII�iG The Satat 'Paul �ty� Coxwcil will � cpn_ duct a publie hearing on Wednesd,ay� Oc- tober 27, 2004, at b:30 p.m. in the City Council Cl�.ambers, Third Floor, City $ali, tu eonsider the appeal ofTimothy Holden to a deeiaion af the Board of Zoning Ap peaTs denying a variance to legalize a roof sign ins;alled wit,hout a pennit at 1607 University Avenue West. Dated: Octolier 22, 2�04 MARY ERICKSON �- Assistant Clty (;ouacil:.Secre{a�y , . . - (dctober� 28) . —' 81: PAUL LSG'AL LEDGER = 2Z087819 . '. �-cb9 OFFfCE OF LICEi�SE. NSPECTIO\�S .-1ND E?vVIRONVfEV'I'.AL PROTECTION Jmr2en E. Rosas. Drrzctor SBitSi P�gz � ARA � CIT`' Cr S� T� : n q[,T Rand}�C 1._=!l}, 1!c'or October 4. 20Q4 Ms. Mary Erickson Council Research OPfzce Room 310 City Hall Saint Paul, MI�i. �5102 Dear vis. Erickson: :.Oiil7`PROF3�3i.`.'.`L:GdL'1[.✓ISv :elepko;rt 5�7-?6E-9090 35DSr Pe�zrStre=!. San:e 3`JO Facsiraife 6�1 266-9P' Sa7nt7auL Ilnmesora�5703'�!0 i1'eb_ iwrucr_stpauirn,iaa/'�a� I would like to conii�m fllat a publie hearing before flie City Couneil is scheduled for Wednesday, October 27, 2004 for the following zonana case: Appcll'ant: Zoning File #: Purpose: Location: Staff: District : Board: ,`'imolry Holden, 76i3 ;eai Alcove, Woodber,y, Mr. 04-15�093 Appeal a decision of the Board of Zoning Appeals denying a variance to legalize a zoof sign installed �,vithout a pennit. 1 `007 University Ave 4U.. Recomrnended denial. DistTict 11 recommended denial Denied an a 5-1 vote, I have oon�imied this date cvith the office of Ceuncii Member 7ay Benanav. My understanding is tliat this public hearing request wil! appear on the agenda of the City Council at yoLU earliest convenience and thaz you will publish notice of the hearing in the Saint Paul Legal Led�er. Thanks : � aiisc _-la _aD.a-EEO Empluyer �_ �- • � Deparrmznt aJ Plannir_g a�d Economir �evelopment Zon;�g Sec;iori - I700 Cim HaI1.Ann�.x ,�=f_; ; �i� . - L�_;- 2� K'esi Fourth Streer SaintPaul,:Yl'�551�? �_� i 1 7�i�t 2bo-�.io°9 �,Fr�vL�,NT { Name ,t . , , ._ .- '�iit}/ �_ ' J�t'„�� ID - �8�Ii77c ��'� �OC7111Q �I�@ ��G�� . . . .. � • a �:�%;;%.,7 :�" Lx...'- .. 1�,*.�� _ °- < � �.. =�Qe , �l� � .. �v�Y2�'atiUE �?@aFi3`�_ �aIB: � - ,_,:� � �. _ �- �: �.-� > ;��- ��,_ 'fYPE f)� �Pr �E:�,L Appiication is hereby matie ior an appeai 4o the: -- - ` 6oard of Zoning ,�}��zals Ci>�ity �ounci! ° _.�c:f under rhe pro��isrons of �hapi�r &4, �eCtion� �`"°" , Paragraph` of fhe Zanina Code, to eppeal a decisien made by �f�� ,�� `^�'�a��-'-- "- or� ; f ..w ,,��.- File n�a�rber: '' �;._�4i_r (d8i2 pf dcC1Sl071) ��3U?dCSS ��7� ,4��L: �xpiain �.uhy ycu feei th�re has b��n �n �rror ir� �ny� r�quirem�nt, permii, decisior; er refusai mad� by an adminisfrative ofticiai, or an error in faci, procedure or iinding made by the �oard or` Zoni�g A.p9eals or The P{ane�ing Gommissi�n. - � �. � �' � � j � r � � " - P r `�t x d. i� �W '��t� - t 1 }. , _. ��, } j _ d � . ��.. � � t h.. .,.;, , s..:: �•� - �. .. 3 i � � � .-� r �, . -�- �- . �.. � ° -w'_ f , a �{ � � � t f;' j �. �� r ; � � . °..§� � �._i s . y� �s _ - y ° a -- .� _,��...a � Y _", i � . . . � F ' `�'{ ` % . t . 4 l_ . . t / i ': r ' y � 1 ti_S � I '— . � ' ' — ' � . ` . e^.a,�.�� , i Y,j `} 1 '� .3�'°-v S„ � y p` � ,...��' -_ ° , ��"�a ( I ,�irach ao`dr<;onaJ yhee.' ;f ,2c�sSan/) - — - 1 - ,� ; �.,.�'iv�iC�ili�S ri�P.�".U3'� -- Uc�E �r "`� :,.. C�t'y 8�c1'�� j i A i -� _ � � , . %'" i ,-.. , ` � .:� 05-��'t �5t3r�� d�F Zt31Y3N�;�PP�.'�I.S ST-^�F'F lt'E��RT TYPE O�' SPPLIC�'i'I01�t: APPLICANT: I�E�RI\�G UA�E: LOCATI�N: LEGAL LlEBCRIPTIO�l: PL�IVNING I`,ISTR3CT: �R�SE�7 Z��IN�: ItEP{3R'T D4'I'E: I3�Ai�L.I�;E Ft3�s A�'i'3�N: Sign Variance 1 LIdOTHY J. HflLDEIv Septenber 13, 2004 1607 UNZVERSITY AVENtIE SNEST BRiGHTW OOD P_ARK LOT 22 BLK 4 ii B-3 �O�Il°mmG Ct3➢� t'2�FERE��E: 64.504(i) Hamline Midway Sign AugusT 30, 20'J4 September 22, 2004 DAT� R�CEIVED: August 13, 2004 F`TLE �: 04-23219� d3Y: 3okn Hardwick A. PUR�t3SE: A si�n variance;n order to legalize a newly added 100 square faoi roofsign. The maximum allotivable signa�e for the building is 80 square feat and 163.5 square feet is existing. This includes a legal nonconforming rooftop sign. Since the existing signage already exceeds that allowed, tl applicant is re�uesting a 100 square faot variance. B. S�TE AN� AI2EA �l'3tYT3ITI�NS: This building shares a cominon wall u�th a larger buildine that exten�s from 1601 through 1613 University Avenue. The buzlding covers Yhe en2i�e �areel. Siurounding Land Use: Various commercial uses. C. BA�K�ROUi�tb: fsz July of this year, the area building inspecter noticed that a new sigii had been erected on the rear porCion oi the roof of the building withonT ihe required permits. The applicant was ordered to remove the si�n or obtain a variance of the masimum allowable signage and the necessary peimits. D. FINI3i1��S: 1 l lie pr•opercv itz guestioti can be pur to a reasonable use zrrder the sZract nr�uasloris of %l�� code. ?xez i o� - • � � %t r�� 05 -lbQ • File �04-132193 5taii Repon The appiicant states :hat this buiiaing is divided into t�vo separate spaczs �=i�h diff rent tenants in each space. The business occupying the front hali of the building advertises on the two exisiing si�s ene a wall si� and one a rooftop sign. ihese si,�is havz a total of 163 square feet of display area. This is twice the allowable simage but these signs aze legaliy noncontorming. The applicant wanted io provide•some signage for the tenant in the rear half of the building and bui1T a 100 square foot si,�n on the roof of the building. linfortunately the si2n was erected without first obtaaning the necessary permit, and the since the signage on the property already exceeds that allowed, tlle new sign cannot be permitted without a variance. The two existing nonconfoiming signs provide more than sufficient signage for this property. 3. The pltg7it of the 7and owner is due to circzrmstances unique to this property, a�xcl tliese eircumstaraces were �aot createcl by the tc�nd owner. When a commercial buildiug has inore than one tenant space, it is the owner's responsibility to allocate a portion of the available signage to each tenant. There is � nothing ui,ique about this praperty tliat would justify tl�e requested variance and any hardship incurred has Ueer created by the property owr,ez 3. The proposed variance zs rzat in keeping ��tzh the spirat and i�itent of the code, nor is it consistent with 2he health, safetv, carnforz, inorceZs and welfare of the inhabitarsts ofthe City of St. Pnul. This request confonns to Yhe provisions of Section b4.207 as follows: a. The sigrz rvoztlti rzaf be co�etrary to t7te gener•al intent of t{zzs el¢apter. T17is condition is nat met. One of fl1e purposes of the sign regulations is to promote concern ior ihe visual envlroimient. b. Tlze sigu wor�Id �zmt crente az haztsPtf• This coudition is not met. The si�n �=ras constn:eted without the necessary buildin5 permits and at this point we have nfl wa f to deTermine if fl�e sign is structuraliy sound. a T1ze sign woa�td Jaot vzoPate lYlin3zs�otct St�tutes o�• ru12s a�z�l regaslntions rlevelr�ped ptarsunrztly tlaereto. � This condi[icn is met. There does nat a�; ea: to he any violatiens ofMinnescta StaTUtes, rules er reeulatians. Paae 2 of � � � � _ =` d5 -to� t�le #Qd-1 �2143 S[afr Report d. 7`dgz sig�z waulal �zflt be objeefioraable ta adjacsrxt propzrry ow3zers. This ccndition is not met. We have received objections ta this reouest from adjacent pxoperty owners. e. 7'he sig3a woasld rtot arlversely rz, ffecr rasislentiaf praperty tlaroitgh an ex�essiv� glare and ddglatit:g. This condition is naY met. Aftho�gb it is not ciear if the sign would be i]iusninated, the sign will face residentiai property on the north side of Sherbume ave. f. Tfze sign is in keepiatg wi11a ths gsaizra! tharacter of flis surrosandirag ¢rer�. This condiTion is noi meL The proposed signaee for t��is property is not consisteni with other retaiI business property in the area. �� i his variar.ce is not in kseping i*.�zth the spirt and inten.t of thP code nor consistent �,vit�1 the heatth and welfare of nearby residents. • � he proposetl varttrrsce �a�il[ noi impair ay�i adaqiiate supply of light cmd air to adjacent properry, but wil( it alYer the essefatial ehnrac�er of �ne surroasndang area arzd may enreasot�a5ly dimirsisdi estab?isJiecl property vr�lues wizhin the surroufacling area. Tlie adjacent properties are used for commercial purposes and the proposed sign would have liitle effect on tl�e supply of light ar air. Tiie proposed variance wouid atlow the applicant to have more than three times fl1e signage permitted by the sign ordi�ance. The additional roof sign would also add to the visual clutter on the property and would not be fair to other businesses in the area that znust compiy with the code. 5. Tlse varinrace, zf aranled, would not pe cany� use zhat is �i3t pet airac�er tDie provisions af the code for the property in the distric£ where the affected lancl is locntecl, nor• woaelc' iz alter or claarage the zoning district cl¢ssification of the prope;^t��. The requested variance, if eranted, would not change or alter �he zoning classification of the property. � ?aez 3 of - _ � �5 -t D`I � F:le =0^-132193 �taii Rcpcn 6. Tlie e-�uesr fo1 var-ic�tace is not based�ri�sarily ott c� desire to ancrease the value o� income notenticd of the pm�ee� of I��zd. Lacking any evidence to the contrary, ii ap�ears that this variance request is based on a desire to facilitate the Ieasin� of commercial space on the property. E. DIS3'RICT COUNCTL REC�N3MENI3A'FI�N: As of the date of this report, we have not received a recommendation from District 11. F. C�Ri2ESPONDEiVCE: Staff has received one letter and one phone cai] from nearby prQperty owners in opposition to this variance. G. STaFF RECt)iVI1LI�19'DATIflN: Based on findings 1 through 4 and 6, siaff recommends denial ofthe vanance. s � � �d� � �: _ � � , � OS /D� ��iC��i� �€�� i�� 1�� {)FF7C�' O�' LI�EI3'SE, 31�,%.S�ELT_��N. �lY� �.�i3�.r�fJ��riL1�'t�'1.'s� �$<'I�ui��' 3+`JG.Lo�r°ry F rofessiancl B;sildi�ag 334St. PztsrSeree� Srrint F�u� �tN S�1 r32-I� Zfl !b3Z) 2oa-9flv6 � ��ni�a� ��c� use anty FiiB # t,=' �.'i °'""� ,€ ��. � �� 's - —� f'2�: ' ��.� . Tanfafivshearingdete: "_'" °��f �' Secsor�{s) '`� & - t __ Cityagent �• � �i� =�4� � r�� s' J`l. _ "•..?..,:.` 1� � . €, � a i `f� � i- . �%'r` �, `�•`r.°. 1 • � 6°32tjtaY3i� �)ioF1� x-,� C.. , iC _.� a_.... a'��5�l�At�T � Prcpea�y inter�d� �# �p�9iesra� �� ; ,:�ntract pusc�aszs, aia,) c�;,_r:-��' �, � � ivarr€e �fi �avn�r {6i �i��retat; — -- •� ��aires5 I � i�e �dx� �,;'--. ; �- :? r�e�se�� n's�� ,, ;'..; �'�e��,�f �7�� `' -° < 6 ro�ioset3 �J�e ,i .' ,` :_�, �=__ _ _ _ . �� .��ll��. `� Y `"� =" E E_sF � J�` � � �' Y _ �C'¢.q._(� ¢_6 (aitach a�9�ifionel st��e i�a��cessery} ~ "i S��r�aa��e(s) rea�uested: � �{�:"�.�`-'`-�" s^a.�yi;wm �-w� cc7,,, �y��,'t,�y _ . f} f +a�.. '� �' {• i i, ,� . =.f� . ...� _ . .� �1.` .. d..� �y • � ./4'�'^ r� y[,d "'1' '��5 .J _. N l � �' �. - i_�_ ` t V' t �.��" _ - _ . � ` � , _ . . �. 't� E.� ,.n^� ` i��c' ~ 3�67, 3 w.,�, .- _ c a. . = f - 't_ �` --"'i ; . '':, � �� . .+ - - 1 r . , 'i .,; ...., c �y ' � t� ��`� �} s. �i"Jh�t r�:�ysama7 �€�a�a ;$ati�zS�s �si s3a� praperty peev�ni °sts bsirag ussd fat mny vfi tfae perm`sttad 'use� In yatar ` �ane? {to�ogr�paFsy, saa� �s�d dha�� of lag, �nii c�rad"sfa�ns, etc.; �j" .- ` ".^$ _ l��" Y.' 7-�. __e:,,`a �`:ib ar 'Y' "'_�:. � �'-;L=.� � �� ,. .:<Y��'i v�lt=::t U Y' _ �`:c.r.b.�..�3� >�� , ,.FE ='�3�.� z,h ._-=�`"� ° : - � t s�S, r "t , a i'j�=ti_..-r.. � � 3. �xplain ho�v 4he str:c# agspaicatit�a� �f #he �ro�i�€or+s af ?he �onireg �r�inance uwc�a9d r�saslt in �scuiiar or �xceptional prae2i�,a� c�i��u�4i�� r �xcept°scsna! undue hardships. �x� �,'a, �a �°. -- �< � �--_ � 1� , ' fw+t� F� . � J� iJ._� � —'J, ' �N•� ff a � � r'� � _ ' �- i v i 3 1 _ , t �Z-.;" ..s.. + Y=:3 .- rj.-�c F,. �;. - c.� , l.; �' �� ` ' t � ' � � ; � ``� ` � C.� tJsE ONLY ., �,. �.-`.c. .�-. } .L�..;_..ztt;SL"'1 { .vJ .:,tti W�s�(�F� �sIO�T� ��3�ai� how #is� gsantin}� �;� a wa�tanca sviil not ta� e�u�scar��l detrimess� to the gasbi:c ca�d c� a sas�szan�a�i ir€spa€. rnent �€ th� i�at�nt �nd purpo�e �f thg ��ni�sg flrdir,�r,c�. L _ 5 _ � .. -.� � >,. � , ,< , , . '.,=-_ _ _` -r;. � , � � � r � � ;t` y" , j � -- � ` � �r ; - i i - . i �. _ <_ _, - � _ �,. J � i _,� �: .�� -�=.�__.., ,��uiicaite's �iyh�Ya:s � G�5 / �j OF'r?Cc OF LICENSE. IIdSPECTIONS,�VD EVti['iZOt�lY(ENTAS, P20TECTSON Jar.e2n E. Rosas. Orrzc.ar sa[»r ewuL � AA CITY OF S?.L�IT PAUL 4anay C Kelly, .Slayor July 1 S 200�t Timothy fiolden I607 University Ave. W. St. �aul, MN 55104 RE: 5tructure on the :oof at 1607 University Ave, W. Dear Mr. Holden: L✓%/RY?RGF� �SIO.n`aL BL7LLl.4'G 3�0 $!, Po, c.roa:. Suxe 30J Jcln.2 Pau( .L1Inn25ota 9Ji }J_iJ2D 7 =LcPHONE.' 61/-?e;-99G0 h �cs�mr(e: 6J I -156-911, ;3eb: ::nnv.cis:n_ � �� __ - �.�� _ ��' It has come to our attention that a structure has recently been constructed on the northeast corner of the root ef the commercial building located an the above referenced property. Gur records indicate that the required permit and inspeciion have not been obtained for the structure. � Within flfieen (15) days of the date of this lettzr, an application must be submitted to our office for a permit for tiie above deseribed structure. All required construction documenis must be submitted with the permit application and ali requirzd perniit iees paid, Foilo�uing permi[ approval, contact the area bu;lding inspector in a timely manner te arrange f�r inspeetion of ihe stnicture to verify compliance with the approved constniction documents. A1Cernatively, �,vithin fifreen (15j days of the date af this letter, a permit for demoli�ion or removal of the above described structure must be obtained, the structure removed, and the portion or zhe building effected by the smtcture restoFed to an acceptable condition. Contact the area building inspector to arrange fo* an inspection of the buildang to verify removal of the ref rer.ced structure and to verify accepta6le restoration of the effected portion of the building. Ii you have any questions regarding this matter you may contact me at o51-26b-90%I. �rely �� 1 laseph E�iich �erior Buildirg Inspectar � COpt`: Vi�ii'i��`+f L? i� Steve Te�nsing �; � d5-/bq � �' � � � � � ,, �� . �� .:�.�_ � ;�,;.,�; ; { ;;4> �.� _T_a ��.._.v:-: � � .�� y � � � � � � % � � ,� ,-:. �� , t , � C� - 109 � G'rFiCc OF i10EtiSE, LNSPECIIONS .*v�lD E?.VAOAi��?�r.�L. PAO'LECT7�ti Jcn.zen E dosat. Darzctor Cli i vi- SAl�VI f'_yt,L _.cndY C �e�ty, .11ayor a�,g�sz o2, zoc4 LGi':;4: �kGFt;SIG.t:=LBG"IiD1IrG T_fephane: 5;i-?56-9G93 3�O Sc °z±zr.'n=_pr, juirz 3GC F¢crimale: 6:?-?56-9I2= Scin.P¢zl,.Lf'umesota»iT2-l.ilfi Web: rr�v;:ctsrnauLm.nzry-7rz,� I''.�I� �t�R�EN�+ iV?' �� l I'CE TIMOTHY J HOLDEN 1607 UNiVERSiTY A�fE W ST PAUL MN 5 5 1 04-3820 Re: 7607 Universit� Ave W Dear Property Owner: 1 have reviewed your sian permit application. You have requested to install a 700 square toot sign. 7he amount ofi signage allowed fior this bullding is 80 square feet. There is alreaBy i 83.5 square feet or business signage on this building maRing the . first rcoftop sign a Iegal nonconforming business sign, No mote signage is perm+tied an this building. This office has denied your sign permit application an� pursuant to the letter you received, 'from the senior buiiding inspector, dated July15th, 2004, you must obtain a demoiition permit for removal ofi the roofi sTructure within 7 days of this lerter. You ma�/ apply for a variance of the zoning code through the Board af Zoning Appeals, i have enclosed the appfication paperwork to apply. You must take actian an The structure through a demolition permit or variance appiication no later than dlugust ��', 2004. T+ailure to comply avith ihis order a� repeat wiola�ians wi11 resul� iss fu�-Cher legal ac�ian by �9�is offce, �n�lac3ing eriminal catations against ali responsibie parties. !f you have any quastions, piease caii me at 65'i-266-9083. Sincerely, � ��'' i y � , ` / � �/� f'�-�"-4.___. Je;firey .J. Hawkins �--- LIEP lnspector lii Qfiice of LlEP City oi Si. Pau1 � appea�s. You .tay appeai rni� erder and oo;am s: esring oeiora [he 3eerc o; Zooma Aonaals by i3Lne w Applicapon ior �pezi :nd pa�;aa ihe appiica[ion iees ro me ZGr.Ir,� aqnmisaawr w;ihin thiry(3C) da}s ef the -�a:e mese crders were mailtd. i:e zepeaL may oe tilec ai2� sca: d5ta 4 mzy octan ar, anuhcation frcm ;fie Zoning?.dmivis?eato,�s ^v�ce ��6 St. P'cier Suart tiuite �06, � Si :'su1, �Il�: j5i02 You mus! suba!i[ a copy of?t��s orde: >vi[n vow anplicatio:: ? a-ADd-EE'J Emolovz: vs-�o� �� a � .� ,%�� _ _,.�,_�aa�=r,i-lT coR�ox�::o=. ��gust 23, 20t1� City of St. Pai€i t}fFice of LIEi�- 350 �t. Pei€r St Si�ite ��0 St. Paili_ MN 551fl2-151Q �Ttertion: Jrlan hardu�i�� I�ear Pvlr. Hardwick_ On �ehalf of the oeuners oi �pr�ic� Tr�e Cegiti I am writing to appos� tl�e sign variance rer�uest�d i�;� Tianothy J. HQldeii, ow!ae� of 1&�7 IJniversity ��nLie. As indicai�ci �y the natice, i��e inaxi�nui3i allaz��abte signage for t�ie building is Sf3 sq.ft. ThE building alr�ady has non — contorrt�in� si� aage advertising t1�e "Love i encai�ragin� undesirable peo�le to area. In additian, the bizzlcling adjace�t ��d im�nediately� �ast af 1b07 Uni��ersity has twc HUGE bitlboards that fiirther dznigrate tlle neighd�arh�ad. If the variance is grarT�� The prapartic�n of signage 2o builc3ing stirfac� wi11 �e nathing short of extre�ne; totally out of sc�le for the buiiding. We already ha six_ {6) very large billboards wathin s�0 feeT of this locati�n; h�ro on the btiil�ing adjacent t� 2b07 University, t�vo on tile Midway lise� and rare baok bldg at the corner of Snelling and Uni=rersitv at�� h�ro �n the uzaildi�� one ��al£biack nQrt�'� oa Sr.ellin� atrd UTnive��ity. -�� a s �- ,.,,- ,�,_�� ,� -, ��., f � I � i i v ; '_ i "Ji.v '..lil'��C�]Ij� [��l�rCilU� �IJILE � ,. ��lill ��111 i �l{I} �jIVL 4.'�" v-'j-¢.OGCO r'�..� . _ �5 -i a� • L¢ ��'.t21"ilGs� #}�;S VaI'!aRC� I�Y�S ?iS OP_5 SC�� CjQSu� "+_G ��ICLrI�? T�1� 1 i"52�7 lJ'`s�1VC3'Slty �'iII23�til��cf:��: 3x'1('it��Z `(�3i�O��7�. �324 ��'Y11�S�J Vl ✓�./til.i:L i�L�V Vd�i�L 2ii1�1C � 33'au�i3lbL, v/� ¢ �V�� [ e��J �%1 s�fl��'dIS ��? ,�•_�'i� �321iF.�tii1� 3llt`�'L�i��(i1I�`� 1?'Y[.3Z0`J�.il2iu�S. ��5,' �� aCZ'.�'s35 �e ��•det c�n �� t��hw�.st v:�? �z ��verv?�j �nd �Sn�lii�� as bE�� r�ean� cI?&� �21 �`ig sG=I� �GI' y�`°zf�5� Jfi i�'tC; �� Q �%eai's. �r, ��3?c3'c�i'S �i)IT�TI€ Tc1'i�1i� — "�,Jv� ��^Gzvl" ^v;IE;J ; XteC�i�2fds T�"a� ��iu�i�P��S 1�Gw� G�' �3U2I�??I?� (?i�lli�=S a?2!; C��I�LVi`� ITI �S°i 3Tc°c'�. Lv'e ��ed ��re �et��FOp�ents like t�� iscap� ��tnes ��l��ment ul� Fais and U��v�rsit��, nat �or� noa� �onfc�rrs�ird� si�� a��. ,. '�,;a, ��_, ��- �m�� tviic�ae� :�. I�ac�, F3�a�lcding ��aa��r. .J � i1 1' C�5-�� 3� � � � � � w ,� : � � .� � � � � � � ��: ��„�� ; ..q.. ; .<;=��. `..fG � -� �.�� .�_� � � -� \ �- J 0�--�09 � � � ¢ ��i ! 4 4 � • � � � � +y � .� � � �... .� �'°`. � � r~ � - - :; =¢ _ �. � ��: � na;:.��/1 r � r� � J PRCPERTY 1NITi�B� 350 !=��T �F �ARC��: ?6(17 �JIViVER�1TY AVE�JUE �JE�T UN(VERSITY SPRUGE TR�E z ' � � 4y � l � + � ri � , + i � m ,� � � r �i z � �� [ ' h-�i� � , ��, , � � � � � �� ,; o ,� ; + -� �I � - m°� � ; �� -� G � � �� S ; f ; �. � ' � . �: • ,;,� � �, :r ,;� i I � i i I I ! f�5 � 1. 2. 3. a. 5. b. 7. 8. 9. 10. 1:. 12. 13. 14. 3:,. 10. i7. STJNI2. ; <'-BA?TLECREEK-HIGFi`NOOT� HAZE' , PARIC HADE�I-P�OSPEt2I� HILLCREST WES 1 .iIDE �.��rt�N°s aLUrF PA1fiT , PHP.LEN NORT;I ETSD 'I'uO;v" 4S-DALE SUMiv iT-UN[VERSIT�' W'EST �EVENTH COMO HAP�iLii3E-MIDWA`f ST. ANTfiONY i�ARK hiERRiAh1 PAP.K-LE�Nv'i'Oi�1 Z�ML1i�t�-SNELLING HA?v1LIiVE T/�.^"iC1�5'�.�S�R �+t'�.t� t�I..^�.1`�) HIvH'��tL t s SUMMiT HILL 1 J �O ;?�iT01��': i { � �� ','_! ,: ,�C;:�� " 1 CTTIZEri P,�;.T;CIPA"ITO�t PLAhiIVTNG DTS: RICI'S tYlessa�e Page i of 2 d 5--� b9 John Fiardwick ft�: Sagn llariance R�s�uest far '� 6t37 Unaversa� Avenue West _v,..�� .m:�.:u � _��_�,��-�� . � � - ��w��.�� From: "Dave Gagne" <dgagne@hamlinemidwayc�ialitio�.org> T�: <john.hardwick@ci.stpaul.mn.us> �ats; 9/9/2�04 11:20 ANl Su#�je�t: RE: Sign �iariance Requesi for 1601 l;niversity Avenue V'Jest September 9, 2004 Board of Zoning Apoeals John Hardwick/LIEP City of St_ Paul Lowry Professional Bwiding 350 St. Peter Street Suite 300 St_ Paul, MN 55102-�57D pear h.�r. Hardwick, i am writing in response tc the requesi by Timothy Ho(den for a sign variance at 9607 University Avenue Hamline Midway Coalition opposes the granting of a sign vanance tor this structure. There is already a lega! nonconforming sign or. the top of the building. Graniing this request wi;i iurther aggravate ihe problem of excessive signage at tnis site and zstablish a�recedent for ignoring signage requirements under ihe current code. I work with many businesses in the Midway that go to great costs fo meet the Cify of SE. Paul sign ordi�ance requirements removmg or downsizing existing signage or sianificanily altering their origina! signage plans to mee't tha City of St. Paul signage requirements. A sign variance for this building would not respzct these businesses' efforts to conform to S*.. Paul signage requirements. !f the lega! nonconforming s�gnboard on the roof of this structure were removed or s�gn�ftcantiy reduced in size there would most likely be no need for a sign variance ai this locaiion. During the past month I met wfth Mr. Holden to urge him to remove this fegal noncontorrr�ing sign. He told me he was unwtlling to do that because of (ease obiigations ai fhaf sife. I should also menfion that there is considerabie opposrtion and concern from loca! residenis and businesses about the conient of the 2xisiing legal nonconforming signboard on the roof of this commercial building, signage fhaf advert(ses the presence of The Love Doctor, a retail business that includes sexually-oriented, adult products. I suggested to rUlr. Holden that he could solve both probiems, the community's concern about the content oi fhe existing signboard on the roof as well as his need for a sign vanance by removing the signboard on the rcof. Mr. Nolden again stated that he would not make this change. Af the conc(usion of our meefing Mr. Hofden further indicated h�s unwiilingness to bz fiexible on this issue ofi the signage a1 1607 University Avenue whan he informed me he had secretiy audio taped our conversation and displayed a handheld mini-recorder he removed from his pocket. tvlr. Holden told me f would be hearing from his attorney I urge the Bcard of Zontng Appea(s to rej2ct this reques't. David Gagne cconomic De��eiopment Coordina�or Namiine Midw�y Coa;iiion ?55? Lafond Avenue Si. Peul. tSAN 5�104 • t � `�. = ila�((f - ;I�r.n�amartt.�/ J(lanfl�/7(iCorinr..AharAtix.iri\T no�l�!7I1Corr;..n,;TP,�-�..Al1TAT't(�ftf1ll_ LI i 4,t CI�G[711(lil • �'�`�'�' �� '�� : �� v�� i�'��.� ��I�i�d ��r��'� �'�� '�v��4 �€��3 �_�'T�: ��te��er 1� 2�3�� a�`!09 �h'HERE� S, TimotLy J. Holden has applied ior a vari�ice from the shict appliea[ion oz die procisions of Sectien b�.504(1) of the �aint Paul Leeislati��e Code pertaining io maximum allo��ed signa�P of a rcof-top sign in tl B-3 zoning district ai 160 % LTniaersity Avemie i�lesi a�1d WHE}? EAS, the Saint Paui Board of Zoning _-^,13�eals conducted a public heari�i� o� Septembef� 13, 2004 pursua��t to said application in accardance witn the requiremei�ts oi Section 64203 of tfle Lebnslative Code; and WH�I2Els.S, t1�e Sai��i �'aul Board of Zcnir,g A�peals based upon evidance preserted at the public haariizg, as substa�ltially reflected in the mi��ules, mafie the £oliowiug 6ndings of ftict; I. TFie pr�o�ert�r iir g2czsl�on ccan be �ut to u reusoiuib(e �tse iendei• t3ia straet provisions rf tlz� • c otle. 1'he applicant states that this buiiding is tlividatl ic�Y� tu�r se��arate spaces with di]fereiit teuaiits m er:ch space. ihe husiz�ess occupying tl�e froni halfor �he building ��ve; tises on the iwo existing si�s, one n wall sig!� and oile a rocfiop sign. Tl�ese signs liave a total of 163 sr�u�re fEet of clisplay area. Tliis is iwice Ehe allowable signage l�ut these siglis ars l�galiy 7»nconfunning. The applicant w�nted to provide some si�lage for the tenant in the rear halF of tl�e bnildij�g aud b�iilt a I+�O square fcot sign an tl�e ro�f of the bnilding. Unforhmately llie si�i3 was arectad with�ut firsi obtainiva tlle necessa�y per�lit, and tl:e si{�ce the signage on fl�e ��roj>erty already exceeds thtit allotn�ed, the i�zw si�i cannot be permitted without a variance. Tlie two existin� nonco3�fonuing signs provide moxe tl�an sufficient signabe for fliis properiy. ?/�e plight �j'the lanrl c�ivne-r is ��Za�e to eirciinistmaces u.nir�rr2 to t�ru�propert}�, cend tlaese ci� cu�,ls'r�szces rvere iroi ct�ectreci by tlze land owraer. tV�en a c�n�mercial buildi��g i3as more tl�an one tet�ant space, ri is the own�r's responsibility to allocate a��i�tici� �f t�ie aYaaiiable signage to eacll tenant. There is notl�fi�g unique abaut ihis prope� t?,at would justiry ihe requested variance and any hai�ship incuiTed ha� beea created by ?he pr�perty �u�ner. • i � � ' OS ro 05-JOq Pile �0�'.-132193 Resol�tion The proposed variance is not in �eeping with the spu and ir,tent ai the code, nar is it consistent with the health, safety, comfort, morals and welfare of the inhabiTants of ih� Ciry of St. Paul. This request ccnfonns to the provisions of Section 64.207 as folIows: a. The sig�a woatld - nat bs ca�str�ry ta tlas geiaeral inte:st of this clzap2er. This conc3ition is aaoE met. One of The purpcses of the si� reguiations is to promote concern ior the visnai environment. b. T�ie si�iY wouirl nai ca•eate a htt�ard. This cendition is not met The sign was constructed withotrt the necessary building pennits and at this point we have no way io determine if the sian is structurallv sound. c. T}ae sign �voaeZr� iaaa violnte IYlinnesota Sta#zrtes or rzrlss unci rsaulr�tians dsv�lo�e� pursraar�tly tl�ern#n. T�iis condiCion is mei. There dees noi appear to be any vialations of Miimesota S"Ya2utes, rules or regu2afiions. d. 7'1�� sigft rvaulr? r=at Ee objectioranbPe ta acljace,ut property oivnei•s. ihis condition is aot met. We have received objections To This requesT from adjaeent property o=Nners. e. Tlse sign wotFld ;sni arlversedy af,i'ect resisl��i#iul propsr'ry throa�glz u�z ��cessive glm�e and lighting, This cond',ti�n is not met. Although it is not clear if the sign would be illuminate3, the sign wili face residential property on the north side of Sherburne Ave. f The sian is i�= keepi�zg ivitii rhe ge�:eral cbnr�ctet� flf rlxe surro�cnding aren. This condition is �sot met. The pro�osed signage for this propzrty is nct consistent wiTh oiher retai] business prflperty in the area. This varisice is not in beegina with tke spir.t and inre�st of �he code ��r eonsisteni w;tY! t�e heaith and wel`ase ofnaarb�;esidenTs. Psge 2 ot 4 � u � � . i � ; � ; �S-l�j � r:i�=o=-?��9� RcSOiUtion '. �ze p iaricrtce iviii noi i;;�pciir a�i ccl2qatrzre,iapply af'ig,'zt an� �ir?a ar7 nce.�t properr;�, bz�t iv>ll it cilter� the esserati¢_7 eytaracter �j ilie surr�z:'rzcli=a� c!1 ard �naj� zzzzreasona� �� diniiriisda es!ezblishecl p3 vcr!'ues :vitfaira ?he sazrr•ou�actzng a Tlie adjacent properties are used for commercial �umoses and ihe rroposed sien would ha��e little erfect cn tiie supplg of light or air. Thz prop�sed varia�ice would allcw the applicant to l�ave more tha�i tl�ree times the signage ��enuitted �y the sign ordinance. Tlae addizional roof sign would also add to the visual clntt� �� ttle property and wouid not be fair to other t�usinesses in the area that must com�ly with the code. ?'1ie »aricmce, Efgrciiued, woulcl reot per�r�it tz�:y tese thar zs riot permatted iincler the pr�ovisio3ts of the cD��2 for the p, operiy irz tlae rlisirtct �-vlie��e t?1e c ffecied lcrru! is .locui2cl, iio� �voed�l tt n.Zte�� or c'na�sge i3�e zo�ii3eg distnct class�accttioii of the propet � T}:e requested vaYiar,ee, if gratlle�, woald not c(�ange or alier the zo�tiing classit�icaiion af l�e p operty. 6_ "1'lte reyitest /or viceraaxce is izot brlsed p3�irnctr o,r a rlesar'e t�i i�rcr�use tlie va(t�e• or inc�r�te poteratia7 o,f�r7�e pa��ee! of l¢rtl. Lacking ar,y zvidei�ce to tl�e contrary, it a�>peais il�at tl�is variance reqti�esi is based �,� desire to tacilitzde the lcasing ofc�amzriexeial space oi� tl�eptoperiy. � NGSN TH�PtiEF'ORL, �E IT �BSOLVED bv tha Saiilt Paul Board oi �oiva;g P.ppeals ��at ihe recluest to waive the �n�ovisions of �:ection 64.5�4(1} to aliow roof-top signage on prop�., iy located ai ? 607 Ilniversity .Sveue West; an�i lega3ly �iescribed as Brigl�twooc� Park_ Lo� _: _�lk ��; in accorda�ice with the apE;lication for ezuiance and t3ie site piau on file witli the Zcnin� Administratcr. 6S �iEI'iEB I' f3�[4'CE13 ��' �� LT�f ��1�� 'aa•iey �1� �''<��: 5 ��'��'a � i11_t1S_��: iEtsiertii>e.' ir �i�i;�{ —; j ��-'I � r`=: ) JI - �� File �04-132193 Resolution T��+"�� I��: `ic decisiott ofthe zon;ng or plannina adminisxraioi, planning camm;ssion, board af zo�ing appeals ar si.} couucfi ag}ar�vi�ig a site glan, permit, variaa:cz or at7iar zorting app3�oval sh3i3 be valid for a period Ionger than t�i�o (Z) yzars, uniess a bui3ding permat is obrained si��thin such �eriod and the erection or aiteration of a builr}ing is proceeding under the terns of 2he decis3on, ar fhe use is estabiisiiec3 �vitl�in suth period by actual operation �ursuant fo the a�plicai�ie condifions an� requir�ments of the a�p; oval, unless i�e aoni3i�r �,r pianriing admi�isfrator grants an extensi�n not to excead one (1) year. ArPEAL: Decisions of'the I3oard of Znning Appeals are fina3 subject #a appea] to ihe City Council within 10 days by anyone affectad by #tte decision. Buildiiig permifs sl�aii not be issnee$ affer an a��eal };�s been filed, if ��2rmits Itave been issued �e#'ore an appeal tias been �(ed, ihen zfie permits are susnended anc3 construcfion s7:z3I cease unti7 the Citv �onncil has made a final deYermination ot tlie appe:ai. r� LJ �-`��+��'[='IC=�3'It3N: i, the saritlersig�etl Seca etaYy ta� tlae �earzl uf �ning Appeals 3'nr the Cify nf' Saii�t Pa3t7, IVifinnes+�sa, do hereb}• certif'y #hat I have compui•ed tl�e fare�oing � cap}� ��it;i iLe arigz�fal recorrt in �y off7c�; ar,d find ;]ie same to be a tr�ie ariel cor�-ect copy of said asigiaai and �f f1�e 4v�tode Tlieaaaf; as based an approve�f 3uina�tes �f t3�a Safint Paiil 33card nf �oning APPea7s aneeEing lietd nn Septernber 13, 20�� anci an recarcl in tLe �Offic� o#'License Ins�ecfiun anc3 1':nviranmenta3 I'q•otectian, 350 St, l>e#er Sta eet, �aint Pan7, IOlinnesotx. S.�I?L�� PAUL I3�3r3R[3 OF Z�1`I�`r'c� 4i'��ALS ( �r - �� `l;r= i. , r � ` � N � r , .�i ; , , I: ��jjl_F�- t _ ; .. Deabie �'rippzn Sec� atary to the F3card ��.� y ., �,', r= �l .'2�2 � O( � C� '��f'-! � . • August 2G,-?00� `'��t; < � t�' ) To whom ii n-av concerr!: I am a community member citizen and tive in the Vfidwav area of St. Paul, ryTinnesota. I have seen the proposed sign on tlie rear of 1607 L niversity and I have no prablem with the sign �vhatsoever. It is my acknorvledgement by signing this form that the city will recommend the variance for the prcposed sign. Thank yoi�. J , ' t. �A LL�)...€ :.__.,b�� a 4� 5' r l; ' (: ;'! , (;;,—r j��j .J ." � � _ � d�: _ >1.� < �r��=-�L=.r�,�. �-7�^'= 3'` � t - X � � f �� <�. �= ti, �� ,c'.. e �' ; ,_- _ , . _ - t.�;�; � . .� � �t` - �.�° , — � ._ , t _ _ � � _ ' �. . _ , X��;.=c � 't , , <,� .. . ti �:. _ . '! _ ,' X � � � �� f <__ � X r_ �;� ��.�:L__ rv; ,', , . �"� _ t-�' r,.,r _,. - - _ � _ . , r X � �� . _ _ �_. - `-� '�" . ' ,' 1'_ __ X �' V � _: L • _ ' . .. � _ ' •� � � , l ti � ' � � ��. 1 � J =�a .� . .. 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J��,Z C.�—��-,� % i � 1 ��ro--.�� A—�.�.��k�r ! �� -:s _ . MID6�VA�' �...��M -- , c�;k_F€R RO�NEY I �tN��.^ MAN:aC-ER _ _ _ _. ._ _ .__ . - . �, .,� _ - _ _ �-l � [ 0 3., ��.� . — __ ___ =_�_e.,'__s-�_=....:. 8-p.'I____— _ _—_____ — ��_ I ^ � lf�_v---�_ � � ��C_JiQ � 7 � -----J� � f �lJ ��"'V � � � � �2 i '� 1 r ; � •' r� � � i� 1' `.�� r� _ � - i 3 0� { i �,- ��'��Lj ��'�' � =��_ �.w� �. .� r�.� .,_.: _-� : , �_, 3 'JPOq I�U2':5 :,. . C'hi��f�r� L'li.�i� �' , day Y. Chernsr, 6.C., C.C.S.P Certt7�2d Ch.i�oprachc Sports P,hysician �i "Sg PENN AVE SOU'H '�503 UN9JE95{pl AVc `� idINNEPPOlJS, MN 55415 ST °AUL MM1 551 Ga PFONE� 61252?-h6a5 PHONE `5:-6Ft-i � tG � L'� / �I/ //T'C� 1 ' ��J u �� '7 �� ` ��- �� -� � , �(�1�1"�� , �- �� . � 2 � f � �� ! �� Jay Y. Chemer, D,C., C,C.S.P. Carrined Chiropraciic Sports Physiciar, Raisa Gringauz, i19.D. Diplcmaiz American Board oi Physica! Nledicine and R2habilitafion Mzmber American Association oi Elecfrodiagnosfic AAedicine a �'1�� ° `� �' � // , /y j' / �� l/➢ 5 `'^� J �l ��- ��t� �� - �� -�� 355 YcN'V �,VE�I,c SVJTn NII�VNEAPOLIS MN 55'-i19 ��=��°� �'�`...� /'� �, ��1Z� t�i �/�.� ��G/ �� V l �� `�----_, � 1603 UfvtVEF,5ITY fiVcNUE WcS r ST PAUL M�, �SiO4 f �� bs�bq ;, ,, ;; , ;� �� / 1 � , � - _ I f"T � i � �✓' !r� �rlZ>"ti f�i'-.+rs'�� ' 6..y e�-°"_f--'�' � 7' � ��-« � • "_°, � i J �� l � � � `�� j� ��r� ��:�.�� ;"/�= U ' ` 'i J <�..�-a. � � � � �. ,� ,�'"_/ `' _ - �'� ; �.. � ` i �`;-�� 1 r �` � ; ��- �%,= .. �� ; v;--- c , :-� .�t-�'" ` -� ; �� c..�_f ._ , � U ��liv��y Se�v9ce — 8��-�97`i , �� F ' �n�lli�sg !�Vediae Fine 13'ine & Liguors SQU A�orh Snellm� Ave�me St. Paul, ?�7N 5�1tk4 i' � � �� <' �` ��`,( ;;• � 99 � �� a �ql a tiY�9Y � j � � Repairs On A1f Lawn & Gardzn Eauipment i BRIGGS & STRA7 tON/� �CtiFM1S�; i ENG!NE� KCHL'cR HOMEtITE lACG65'cN MTD nAtiONA� �YAP?E�2 I�1tiP.P,AY ROPE4 �. � . ''1 '6 . �--'��.a�� . _ — -- — - ..<c'��'��'G'� _ _' , � �� . �. - �'� � • -��''- -�'' � — ��'�'� '� ��..-�.�a.� ��., f` i 4 � � �_ '�-- �-- '--�.�°`��l�-c� �-'',`��" '' L-`�..�� - --- �- h � v � �i'`�'lY'V- .�'-�-'� �--'�� -- � -- ._ �_�E�/'!'�.- -��'- - - - � � - - .'`J _ . __�%t _c<.Z:,!�Gc° L/��1�ir� . _ . _ _ � .-'t`� ✓f�'✓�,l'Fi - - �A. `'��'�_�__�'t�� - - � . G - - ,� - J"�l�L��--�-�� - - - - '��'v "�- -- �'��2�'��--�� y _//�� _ -G�-� - - i�� -��' - - ~ - ---- - _ - - -- - � ___ . � -- ---- -- - " �^--- ' - - — �----�- -� �- - - --=� � ��-�' `� - - - � � � w_ l.J _ � �' � c�—� � � �S -I � ,-� �''� �z �,: C �� -d � j _ - � � ,�Ii, :�; Sales Assoaate ca � l' �, � � � ,� � �� -.. �tamond ��Ke Fura�itwr�, �r��. Great Sslection of Elegant and Unique �uaniture wiih llnbalievaGEa Low Low Pricss 501 N. Snelling Ave St. Paui, MN 551�4 SIOIB HpLPS Tel. (659 ) 645-8357 Mon-Sat 9:30 am - 7:30 pm Fax (65t) 645-8575 Sun. 70:�0 am - 5:30 Pm Macaulay Law Offices, ltd. : e .. ��:�_•�M:m lenauei 147 h9 1Re acaWay ,1fiO3.$herblirneAve A€'t'omeya ',.. . � �� Saiat E�'u�, �y7N 5aiG4 `� ,.�* � Q€fice: �51-64G34�0 "` ^` " �37obiPe:863-23Y-1237 �s j en ma calilay@s,isi. cam O�ce: 1039 UniveSifj Ave. St. Paul, MN 55iO4 (65i) 836-8053 FAX (657j 6457713 Warehouse: Roof �epot BuiVding 786� East 28th Si. Mlnneapofis, MN 55407 (S12) 729-3227 • FAX (672) ?24�2'a3 \ ^ i �� PROJE�T L4NUS 'NG SECURtTY 7HROUGN BLANKETS h1AtcY and MAR7HA GODSY . '��GO(2RIIINR,70RS FOR MINNE56Z9 '1560 EDfviUN6 AVE -t : 57 PAUL. tdN ��a-�x:. 55164-223& gh�ne: 6=9-894-383q yodhyquiits@aal.ccm 05 �YXt � , �r„/ �- � ., r 1 L_J • , � � �j" .n+,+�� ' A .,t, � 'c' _ - � jeZ � ' - � , 9' ✓y; j " " j:�: �. j � � � � . i. I ' " � I -:i�f -; 1 r ;7 ; ;, d . . =.. ., t " :' � � �� 'JG : ��';�' 1 �-' j� r� � `� ��t�t��a�$ i� 1 , �� , J 1 ,. , � . , i T z R�' ` � � fl(rGd3 t� � ` � � il� `� �� j �� • f• ,.r, f '', .' � t ;: "'. I r ;& ' i �' � � 1 . � , ,�� r �j t 'r ,� � -h � � r�m� , { �� ...� ! �.._ _ . ti ; ,�i..'f��°� F . �� .. � �. :-_.� °N i �� ,� � �, �,�': Y �;' '' ;, ;; !�- � I. ..: f �� l� � �' �-��.� r ,��: �, ��..-^ { (yY�-, �r A`�`�:l~�iYy-` ' Z � +p; � �i � T J o5-�a��.. _�,,, .r '-r I�%i =. � � AugU�t 3'f . ?06d Q@3t St� 0� ft��2flaiT; 1 have Hor'r,ed in the area ci tinel;i„g and Univers,i�j iortha last [en years, i rnanage thc s�curP{ ai Amercar: ban� sg?S Ur�ivarsi;y. ; us� tc manage �;� s��uriry a4 DaKafa 3ank 9583 Universrty �z.>io; ta t'na bar� marg:�g u9,h PAir:ovay 8ank I a�erded Y�gh schoc( with Tim Hala�n and iuve knrnvn Tim since'884, E? ;s rny p�inion that in aresee icr F!r; s ccrn�any ! S{�LLiTitSNS io st�Y : pn;pe��ve �hey nezd s,grags on their hvilaino. P,s i IoUk at ths buiidi:,g foca:ed at ?6�+% Vniversin, thEr= is nn tndicat�cri zs t;, wt�S tna vusinESS i�. ! think signs are nzEd� io oirect �a�tra:r�r., to the ;ocation �i HutkiE $04UTl�NS. 9�nczrei;. T�rrz F}ynn 1 im Flynn Sergeant Saint Paul Palice s7eparimer;t h#ana�r pi Ame;i�.�n Bank S�cur;fi� 8E1-206-5827 • r i �'� ,^ �..: � � 1`: ✓1 �5'�� 9 � • • � j�✓ �. ; - - T ;� �, f � ' t 1 � � � y: :✓� � S,- .' ?'� ,�,�""j' �,: "sL; : ,r� �' J � � ✓ } �� : ., �.�-` r-;, � � " J'' �`� � �{ �,�.. � v� _�-.� �:->--- i �,"� � ✓ J � �� ; ) � `�J ,..:_i'IrY-� �r� s� � /✓"s� /;'«ti-] �-:, /b^.rj �.�...�_J_,-._.�j'�^. (_ , �., � �� 1 � 4 � �' P -�._ �," �,��,',�.:s� �..:eT4,:�- L � ��j� ,-��rr � �., . :5 � r ��' � t � -� _..._.._ `-� s ` C _ C' � ?"`°• , r �z �r r�"� j ,�� /p 1 r ¢- ;� �L+,,, $� �/ f,af�� 3)i� /`i1'r k �" � ' ) � � j �_�1`_ '�'��.'��..-G..��-':` ��'�t;``.t i ,� 'P �f �� s � �e �i �,... � �`"`r-�.. ' _ _ % ✓ ��-,.. _-�.�f;=�� r'' ,! ,'" + 1 ` _ _ - ,! �' /' i , ^ �. �� , _...___.---, ``� - ''"„� I M1 _._ `t,,,.. _ ` �7`""� � ��z � � i l � � , �� ; ;,�,:'�"`�_�.- ��,� �- � � � �--'^-•�-'�, � 1 i � �, �1 J OS-�pq � �� , �, � . �,; � �: , .� � �.� � �,. �� .� ��. ilear si.s. • In regards k� bi11 b�ard on tc�r� ci 7 bL�7 U�iversity Ave; I have �c �r��iems ��#7� it �ueing • *here. I've bee� ix e�esider�t 1lanagzr c�f 1617 & 1a25 S�erbume Pve. sinee No��amber l 1989. Feel fiee to 3iseuss th�s �vith u:e at an}�ti3�e. I suppori my neighbor �in :PO%. %'1 `�%" � • � J .. �- `�. _;_�--=' ��-/� � � � , �. - � �� . _ , ;,- _ - :; � r - , , -° � ; �� t ' ; �-- �- � � , ,�_�.� ,, ° ,. °� .t � / �e. �_, � i. �. t _ .-�3; ; �, f' i: _ r- ' �9 ;� � , ,-� � _' � t — ' ° t-{ +��_ � ." t_y:—,� t':�_�;,v. s (� . ;, 1 f J . tl '' l 1" � i � i �'� - i � 1' t �: j j �, �, . �.r_ '"` Q �_ �.�_.w �_; . � e, s_ � ' � . � � �: � �' � '�'- I / - . ._i i t � '' : � J � � --� ! r ti._? �� `/r r � ` y /I f / �' _ I f) � � l I � �l C�5 `�� `�`� ��- ` , �°t . �`� 3 � � - � x � � ��; �� 3 _ �� , � ��°� � '", � �- �� l F `' ' � � r�� . � �� ; �? �, f� �{_ � x �° tl� �/ � Tdy � ' �y `id' � . [ �l t.� -��+1 .G � �' .. �p' � � �'� �� / � � � � ��t 4. f � n f � � { ' � �� "�, V i } „ �:g E ..� � _�'°� � ` � _I .�" � ` ,. �, � „ t,� � � ., '-' � � yy,: :3 F � , � �": .� � � t`�' Y� , ..,+' ' ( jy,�` `- � ` , 4 "' a �� b � �. �,� �i �� J � f �� `y ,;s � ,<�. � *� , ` E �` t +MJ� 'an� 4 � 1 � i� �> � � �� e +� 1 l {. .H� q iY � �� . '� a., 1�> z� • � ` F �� , b ,J � 4.r F .��i `p e �_ r' r be �, '� s,`�V: � . ) �°'' � -. ,� `�..� -� � ;°,�4�~- t.+� - � l4. ' �� : wE a l r- � i ' .^.} �"P °� � ,� � �� `,, �•",. J t� , '�� U''E� S � � A /°. : �� J .' �.. . � A t��" � � ` � i �� ft � ` � 4 � ' (f ' � .\ � �� / ��ii . �5-�09 . MI��JTES OF THE MEETING OF TI� BOARD OF ZONING APPbALS CITY COUNCII. CHAi�ERS, 330 CITY HALL ST. PAUL, NIINNESOTA, SEPT'EMBER 13, 2004 PRESENT: Mmes. Maddox, Bogen, Morton and Porter; Messrs. Faricy, and Wilson of the Boazd of Zoning Appeais; Mr. Hardwick and Ms. Dreelan of th� Office of License, Inspecrions, and Environmental Protecrion. ABSENT: Dan Galles*, Vincent Courmey*, Peter Wamer* *Excused The meeting was chaired by Joyce Maddox, Chair. Timothy .d.lHolden (#04-132193) 1607 Universitv Avenue West: A sign vaziance in order to legalize a newly added 100 square foot roof-sign. The maximum allowable signage for the building is 80 square feet and 163.5 square feet is existing, this includes a legal non-conforming sign. Since the exisfing signage already exceeds that allowed the applicant is requesring a 100 square foot variance. Mr. Hardwick showed slides of the site and reviewed the staff report with a recommendation for denial. Several letters and a petition were received supporting the variance request, and one letter from the Spruce Tree development opposing the variance request. • One letter was received from Dish-ict ll opposing the variance request. The applicant Tili'dOTgI1' J. HOLDEN, 1607 University Avenue West, was present. Mr. Aolden stated he is the building owner and he erected the sib . The tenant is in a spot where he cannot be found. Vendors and multiple customers have been unable to find him, he will not be able to stay in business without the sign. Noting that he went out with the business owner passing azound the petirion and they got more than one hundred signatures from surrounding residents in the community and adjacent business owners. Mr. Ho1den submitted a letter from the business owner. He stated that the tetter points out the situation that he is in right now. The pichues of what the sign looks like and what they propose it to look like. No one opposed the sign, outside of the peopie across the street at Big Spruce Tree. It is ironic that they would oppose this because they do not even see the sign. Mr. Holden submitted photos of signage that is allowed on the Spruce Tree building, noting that no one has come down to point that out. The City has a Iot of different signage throughout, noting that he has taken many pichues of different business and address that are excessive and extremely deteriorated. Noring that he has a home owner who will testify and has gone out on his own time and taken pictures of this sign to show where the City might want to put more attention, versus hying to disable a business that is trying to survive. The City of Sain4 Paul did call him, and he does have a permit and a sign permit. He has paid for both of those. Noting that they are here today because he was called and told that he needed a variance. This is a long sldnny building the front is being leased out by someone. The back of the building is virtually impossible to find. There is only an alley and parking lot behind the building. All the people that signed the petition live on Sherburne. Two of those neighbors are here today. Noting that he is doing as much as he can to see that the tenant has signage, it is difficult in business if you don't have signage. We want more businesses come to the azea versus pushing them away. T1iis is going to be posirive versus negative for the azea. That is all we are trying to do is be a positive influence and bring more business and jobs • into the azea. AA-ADA-EEO Employer C�S�t�q File #04-132193 iSinutes September 13, 2004 Page Two Ms, Morton quesfioned Mr. Hazdwick about the staff report, rlid the applicant have the permit for ?he sign? Mr. Hardwick replied that the applicant applied for the pernut for the new sign on the roof, tt�at pemut has not been approved pending the outcome of Uus variauce hearing. $e may $ave gotten pernuTs for the two e�sring signs, the wall sign and the existing roof sign. When there is a change of tenancy the signs are changed but they da need persnits for that. Mr. HoIman stated that these two pemuts aze for the sign that is in question. It was for a sign that he paid for himself, they said ok and he put the sign up. Mr. Hohnan submiited the pernuts. iVlr. Hardwick explained that they accepted his application but the perrrrit has not been issued. � John Momo, 1672 Edmund Avenue, stated he has lived in the azea for thirry-five years and traffics in the area of University and Snelling on a daily basis. Noting that he has a background on what he sees here and what he has seen in the past. He is delighted to see someone who has some demeanor and wants to actually do business and looks like a business. Ae sees much around that does not. He pointed out the photo that was on the screen previously, noring that tuming around 180-degees you see deteriorarion, that is in his view, unconscionable when it is in view of the busiest intersection in the state of Minnesota's capitoi city. Noting that he hears a lot about codes, however, this breaks down to a quality of life issue. Which is what we are alllooidng for. He submitted examples of over site right in the azea where the business owner is trying to create something to make a living and enhance the prospects of the city. Ms. Niaddox questioned what the pictures were of. Mr. Momo stated he has snap shots of the • address oi 1607 IJniversity wfiich is nice and cIean and then you can turn around and look at something he does not think the Board would want to seen in their back yard. The business owner is cleaning up a circumstance in a situation that is deterioraring. He has seen t3us going on for thirty-five years as it has been evolving. These photos will say much more than ke can. He has twenty photos and has presented the six that show the most. Mr. Morno described tr,e signs that are srill in place and no longer relevant to any business in the area, that nothing is being done about. He requested that the Boazd allow the business owner the needed signage. Ms. Maddox explained that she understands what he is saying, however, that is not something that this Board can base their decision on. Jeff Studley, 1607 IIniversity Avenue, stated he is the owner of Amazing Home Solutions. When he took over the business he did not realize the amount of advertizing he may need to generate his business. Since he has been there and out in the field to promote his business, it has become essential to have some kind of sign to promote his company. Another company exists on Snelling and the only entrance to his business is through the back of the warehouse. Customers have commented that they had to go around the block on many occasions and have not been able to find the location. They ao to the front of the buitdmg and call him letting him Imow they cannot fmd the location. This proposal is essential for his well being and his ability to carry on business. There is nothing listed on the building for him even Yhe mail man has problems finding his location. Ms. Morton stated that the problem here is that the signage on the building already exceeds the amount allowable for the building. She suggested speaking to the landlord about reducing the other signage in order to allow him to have signage. Mr. Studley stated that the other signage had already been erected when he took over he had not taken into consideration the amount of signage he might need. Mr. Studley stated he has not brought that to his attention. Ms. VIorton instructed that it is the tandtords • AA-ADA-EEO Employer d� �LX� • File �4-132193 Minutes September 13, 2004 Page Three responsibiliry to give his tenants a chance to advercize. The building already has an excessive amount of advertizing on it. Mr. Studley stated he needs some kind of advertizing at this point. Any signage he would erect would not be detrimenial. Noting that at this time he has no advertizing other than phone books, and ads. Eazl Johnson, 1804 Sherbume Avenue, stated that there are a lot of billboards in this area because it is a large shopping center. The sign that is there is hazdly noticeable where some of the signs like the Ax man sign, an inflated sign that is about 2 stories high, are very noticeable out there. There aze a lot of unusual signs in the area and several of the business are vacant and have moved out of the area because of the congesrion and noise. Lionei Powell, 1810 Sherbunre Avenue, noting that he lives on the alley and there aze a lot of businesses there with signs and outdated signs. There is a parldng lot right behind the store so the sign is not really an eye sore. He drives by there every day and lives in the next block from the business. Ae can see that the applicant needs some kind of sign to advertize his business since he is in the back of the building. He does not think that a sign would create a problem or quality of life issue for the neighborhood. There was opposition present at the hearing. • Dave Gagne, District i l Planning Council, the Hamline-Midway Coalition opposes granting a sign variance for this structure. T'here is already a Iegal non-conforming sign on top of the building granting this request will further aggravate the problem of excessive signage at this site and establish a precedence for ignoring the signage requirement under the current code. Iie works with many businesses in the midway that go to great costs to meet the City of Saint Paui sign ordinance requirements. Removing or down sizing existing signage or significantly altering their original signage plans to meet the City of Saint PauPs signage requirements. A sign variance for this building would not respect these businesses efforts conform to Saint Paul's signage requirements. If the legal nonconforming structure on the roof of this building were removed or significantly reduced in size there would most likely be no need for a sign variance at this location. During the past month he had met with Mr. Holden to urge him to remove this legal nonconforming sigi. The applicant had told him that he was unwilling to do that because of lease obligarions that he had entered into with the tenant of that sign. There is also considerable opposirion and concem from local businesses and residents about the content of the existing legal nonconforming sign board on the roof of this commercial building. Signage that advertizes the presence of the Love Doctor a retail business that includes sexually orlented products. He suggested to Mr. Holden that he could solve both problems, the communiries concerns about the contenT of the sign board on the roof as well as his current need for sign variance by removing or altering the sign board on the roof. Mr. Holden again indicated that he would not make this change. Mr, Gage concluded that this seems to be a problem as was menrioned eariier that is a self created problem by the building owner. He does not feel that we should set a precedence in this case for someone to back their way into violating the sign ordinance while other businesses aze trying to address the sigi ordinances very seriously. Kild Sonnen, 1768 Hewitt, stated that she and many of the neighbors in the azea are very concemed about • this property at 1607 University. The exisfing sign that was grandfathered in advertizes the Love Doctor. AA-�A-EEO Employer C�S--dOR Fiie #(14-132i93 Minutes September 13, 20C�4 Page Four Ms. Sonnen cantinued many people aze concerned with the oontent and size of that sign. She has been picketing with other neighbors in the area, because they want to see the business go elsewhere. They do not feel that is conducive to a good family oriented community that they envision the midway azea to be_ The plight of the landlord was created by the laudlord atthough Ms, Sosmen did not like to get into personal issues, but they feel that the owner and the Love Doctor aze in collusion here and the landlord is the business partner of a pornographer. Ms. Maddox instructed Ms. Sonnen that the Boazd cannot take that kind of testimony here, we can only concern ourselves wiTh this sign not the other signs or the business that is in there. Ms. Sonnen stated that she is concerned that the sign that has been built does not meet the code and there is no reason for it and the plight of the landlord is self imposed. Noting that she does not undersrand the zoning quesrions involved with the orvner trying to have two entrances into the building. However, she does understand that two e�cits are necessary for businesses. She feels t1�at this is a2lowing businesses to eicpand and encroach into the residential neighborhood. Ms. Sonnen stated her ather concern is that if there are two businesses in the building and if the Amazing Building Solurions moves on or gets a new locarion that there will be another sex shop installed in the building so that there would be signage facing in aIl directions advertizing the sex shops. � Mr. Holden, thanked the Board for their time. Noting that they have signatures from all over the azea, from business owners and home owners. This sign on the back of the building is not going to do anything except help a business stay in business and flourish unfortunately because of the business that is . located in the front of fhe building, the Love Doctor, ;t is the only reason he is here today. These people have opposirion with the owner. Dave Gagne tried to get him to set up a meeting with he has no control over. He leases the space to the Love Doctor and at that time they went to the City and complied with all the rules. The City lmew wkat was going on before he even rented the space. A1fliough that is not the issue here that is the reason he is having a problem now. Ms. Maddox noted that is not this Boazds concern, we do not care what business is there. Ms. IVlorton commented to NIr. Holden there is akeady an excessive amount of signage on that building. As Chairperson Maddox has stated the Boazd does not care about businesses or the Love Doctor. What we do caze about is that the signage that is already on the building is excessive. 7sn't it possible in some way as landlord to allow yaur new tenant some of that signage and reduce your other signs so that he can have a sign to advertize his business? Mr. Holden stated that he cannot do anything about the signs that are already there because that tenant was given them with his lease, the back space was leased out and the sign on the back of the building can make it a]ittle smaller, however, that is the only thing ttiat he can do. OYher than paiating the building some kind of crazy color and he does not think that is what tiie community wants. We just want to hy to b ve this person some land of recognition so that customers and vendors can find him. Ms. Porter quesrioned Mr. Holden whether he had thought of consulting some Idnd of graphic designer professional regazding the signage. Mr. Holden stated that he has and with the signs that are on the building atready the City is saying he cannot have any more on the building. 4Vhich is why he is requesting the variance so he can have the one on the back. There is nothing else he can do besides paint the building and that would not 2ook good, it would look terrible. We aze hying to keep it IooIdng neat and classy, in line with what the community wants. • A.4-ADA-EEO Employer 85 -!�q � File �04-132193 Minutes August 13, 2004 Page Five �Ir. Wilson quesrioned V1r. Holden about the time frame of the letter on July 15, that says it came to the attenrion of the City that a sign has been erected on 1607 Universiry. ivlr. Holden replied that is correct. Mr. Wilson continued it also says on Suly and August someone reviewed a permit applicarion. Mr. Holden stated he put the sign up neazly a year a�o. T'he sign has been up there for a year and nothing has been up there, however, now he has leased the space and wants to put something on it. Now the Ciry called ium and said that they noticed that there is another sign there and instructed him to come and pay for a pernut. Which he did. Mr. Wilson questioned whether Mr. Holden needed a permit to erect this sign to begin with? Mr. Holden replied not that he lrnows of, he is the building owner. Mr. Wilson stated so you did not think that you needed a pernut until someone wrote you the letter. He questioned what Mr. Holden was doing putting up a sia . Mr. Holden stated that as the building owner he thought he could put a sign up on his building, he did not lmow that a permit was required for it. Noting that he constructed the sign himself and did it within $500, it was very inexpensive. "Phe informarion is in Yhe notes provided. Mr. Wilson noted that Mr. Holden has the cart before the harse and secondly as stated here there aze too many squaze feet of signage right now. The only way that Mr. Holden can do this is to reduce those that are there. T`hat is the only way he can see to do it. Mr. Holden stated that he has done everything that he can do. He wants to be sure that the people that are in the building are having success with their business. Mr. Wilson stated he understands the need to advertize, however, he also understands the need to check something like that out before putting it up and then finding out that you • cannot do it. Mr. Holden stated that the sign has been up there for a year. He did not think there was a problem unril all the probiems with this other store. Mr. Wilson noted Yhat it did not come to any ones attention until some time this year, because you did not have anything on it. Mr. Holden replied is that correct. Mr. Aolden offered photos of other signage around the City that is excessive in his opinion. Ms. Maddox instructed that the Board is not interested in that. Hearing no further testimony, Ms. Maddox closed the public portian of the meeting. Ms. Morton moved to deny the variance and resolution based on findings i through 4, and 6. Ms. Maddox questioned Mr. Hardwick whether there is any place where they can put a sia . Noting that she guesses that a sign is a sign. Mr. Hardwick replied no, the signage for the property is calculated on the entire properry. So it does not matter whether it is on the front or back Ms. Bogen questioned whether that included the 1607, the address numbers on the building. Mr. Hazdwick replied no, they are required to have numbers on the back of the building for the fue deparpnent. Ms. Maddox quesrioned, fairly large numbers? Mr. Hardwick replied they would have to be within reason there, they are required to be a certain size and heighY by the fue department. It would not allow any sixteen foot high letters. Mr. Wilson quesrioned whether the signs that are there, not the new one, are legally nonconfornung? Mr. Aardwick replied yes, that is correct. Mr. Wilson further quesrioned whether they can put more than one businesses information on one sign? Mr. Hardwick replied, yes, it does not matter what the sign says, it can basically say what ever they want as long as it is advertizing a business that is located in that • building. AA-ADA-EEO Employer �5-�b9 ;4ile #04-132193 Minutes September 13, 2004 Page Six Mr. Wilson quesrioned that two businesses could be on that sign? Mr. Hardwick replied yes, that is correct. Mr. Faricy seconded the motion, which passed on a roll call vote of 5-1 (Bogen). Submitted by: John Hazdwick Approved by: Gloria Bogen, Secretary AA-ADA-EEO Employer � u • Council File # � � RESOLUTION CITY OF SAINT PAUL, NIIi�TNESOTA Presented By Refened To Green Sheet # 3024990 �� Committee: Date 2 WHEREAS, Koua Lee, made application to the Board of Zoning Appeals (hereinafter, 3 the "BZA") under file No. 04-142-896 for a variance from the strict applicarions of the 4 provisions of the zoning code for property commonly lrnown as 1306 Minnehaha Avenue East 5 and legally described as: Knauft's Addirion to the City of St. Paul I,ots 11 & Lot 12 Blk ; and 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS, the said application requested a side yard setback variance in order to split the present parcel into two parcels far the purpose of building a single-family dwelling on the newly created lot. The zoning code requires a 4-foot side yard setback. 2.6 feet was auailable on the west side of the existing house from the proposed new property line for a variance of 1.4 feet; and WHEREAS, on September 27, 2004, the BZA conducted a public hearing after having provided notice to affected property owners, and by its Resolution No. 04-142-896, adopted September 27, 2004, moved to deny Koua Lee's variance request based upon the following findings and conclusions: The property in question can be put to a reasonable use under the strict provisions of the code. The applicant purchased this property about two years ago and is currently using it as rental property. She is proposing to split the parcel and buiid a new single-family dwelling and put it up for sa1e. The lots in this block were originally platted as 40-foot lots but most of the homes are on lazger parcels. The house on this property is a relatively large house and it is appropriate to have it on a larger lot. Under these circumstances the present use of the property is reasonable. 2. The plight of the landowner is not due to circumstances unique to this property, and these circumstances were created by the Zand owner. The applicant should have researched the code requirements regazding lot splits and zoning prior to purchasing this property. Any hardship incurred through the strict application of the code at this point is self created. 3. The proposed variance is in keeping with the spirit and intent of the code, and is consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. i (�" \\D 2 3 Ttie Comprehensive Plan encourages the development of new housing units and in this 4 sense the proposed variance is in keeping with the spirit and intent of the code. Splitting 5 tlus parcel and building a new single-family home would probably not adversely affect 6 the health or weifaze of area residents. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 4. The proposed variance wi11 not impair an adequate supply of Zight and air to adjacent property, but wi11 alter the essential character of the surrounding area and may unreasonably diminish established property vaZues within the surrounding area. As long as She new house maintained an 8-foot sepazation &om the existing house, the requested variance would not affect the supply of light or air to adjacent properties. As stated eazlier, most of the homes on this block are on larger parcels than the proposed 40- foot wide lots. This unique chazacteristic would be altered if the proposed variance was granted. Establishing homes on smaller lots probably would have an adverse nnpact on the value of the other properties on the block. 5. The variance, if granted, would not permit any use that is not permitted under the provisions of the code for the property in the district where the affected Zand is Zocated, nor would it alter or change the zoning district cZassification of the property. The proposed variance, if granted, would not change or alter the zoning classificarion of the properiy. 6. The request for variance is based primarily on tt desire to increase the value or income potential of the parcel of Zand. Without any evidence to the contrary, it appears that the applicanY s primary desire is to increase the income potential of the property. WHEREAS, on October 2, 2004, Koua Lee, pursuant to the provisions of Leg. Code § 61.702(a), duly filed an appeal from tha determinarions made by the BZA and requested a heaxing before the City Council for the purpose of considering the actions taken by the BZA; and WHEREAS, acting pursuant to Leg. Code §§ 61.702 and .704, and upon nofice 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 heazd the statements made, having considered the variance application, the report of staff, the record, minutes and resolution of the Board of Zoning Appeals, does hereby; RESOLVE, to uphold the BZA's decision in this matter as the Council finds that there has been no showing by the appellant that the BZA erred in any fact finding or procedure regarding the said variance; and be it FIJRTHER RESOLVED, that the appeal of Koua Lee is hereby denied and that the findings of the BZA in this matter are also adopted by the Council as its own in support of the decision; and be it � fy�'tt0 z 3 FINALLY RESOLVED, that the City Clerk shall mail a copy of this Resolution to Koua 4 Lee, the Zoning Administrator, the Planuiug Commission, and the Board of Zoning Appeals. Requested by Department of: L.L E-R• Bv� � a�.�a�..,. {� o-d ctA l Form Approv by City Attorney gS _-_'6!r�!� N " �N1v�� .7� - o.t' L rr for Sul By: / / //l f S�/'e/ Approved by Date BY: ��.�(�'L�<i+ ' / Adopted by Council: Date �rK�Y' 9, eZOO� _ Adoption Certi£ied by �ouncil Secretary � Green Sheet Green Sheet Green Sfieet Green Sheet Green Sheet Green Sheet � i.c _i�r Departmentloffice/counciL• � Date Initiated: U '� L � V LP ��s��,4o�En.,;��t z�� Green Sheet NO: 3024990 Contad Person 8 Phone: ��ent Serk To Person In' ial/Date Pete�Wame� � 0 i nse/[ns ' n/Envir n � . 11�� 266$770 q�jg� 1 icenselfn 'on/EnvironPro De artmentDirector Must Be on Council qgenda by (Date): Number Z •�� For Routing 3 a or'sO�ce Ma oNAssistant Order 4 �� 5 erk Ci Cle k Total # of Signature Pages _(Clip NI Locations for Signature) Action Requested: Appxoval of a xesolution memorializing previous council action wluch demed Koua Lee a lot split to construct an addirional single faznily dwelling at 1306 MinnehaLa Avenue East. RecommendaGOns: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questio�s: Planning Commission 1. Has this person/firtn ever worked under a contract for this department? CIB Committee Yes No � Civil Service Commission 2. Has this personffirm ever been a city employee? Yes No 3. Does this personffirm pdssess a skill not normally possessed by any , currentcityemployee? Yes No Explain all yes answers on separete sheet and attach to green sheet , I�itiating Problem, Issues, Opportunity (Who, Whaf, When, Where, Why): The Boazd of Zoning Appeals held a public hearing on September 27, 2004 where they denied Koua I,ee's request for a variance for a lot split at 1306 Minnebaha Avenue East. On October 24, 2004 Koua Lee filed an appeal to the City Council. The Council held a public hearing on October 27, 2004 and upheld the decision of the Plamvng Commissiom AdvanW9es If Approved: Disadvantat�es If Approved: DisadvanWges If Not Approved: Total Amount of � Trensaction: CosURevenue Budgeted: � - R SB�'Ch C'a�t�� Fundinp Source: Activity Number: Financial Infortnation; �� 1 ��Q� (EZplain) CITY OF SAINT PAUL Randy C. Kelly, Mayor October 8, 2004 Ms. Vicki Sheffer C011l1C11 OfF1C2.S Room 320 City Hall Saint Paul, MN. 55102 Deaz Ms.Sheffer: f. �,; -.. F,., �� `-� ` ` � k 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: Appellant: Zoning File #: Koua Lee, 1598 Pacific Street 04-142896 Purpose: An appeal of a Board of Zoning Appeals decision denying a setback variance in order to split the property at 1306 Minnehaha to allow for the construction of a new single family home. Location: StafF: District : Board: 1306 Minnehaha Ave E. Recommended Denial. No recommendation from District 4 Denied on a 4- 2 vote. T have confirmed this date with the office of Council President Kathy Lantry. My understanding is that this public hearing request will appeaz on the agenda of the City Council at your earliest convenience and that you wili publish notice of the hearing in the Saint Paul Legal Ledger. Thanks ! Sincerely, Jol�n Hardwick, Zoning Specialist AA-ADA-EEO Employer OFFICE OF LdCENSE, INSPECTIONS AND b�� ,� ENVIRONMENTAL PROTECTION J¢rseen E. Rosas, Direcfor LDYVRYPROFESSIDNALBUILDING Telephone: 651-26b-9D90 350St. Peter Street, Suite 300 Faesimile: 651-266-91?4 SainlPauJ,Minnesota55702-ISID Web: w�v�v.ci.stpaulmrs.us/liep xoTTCE oF rusue �nxnvs `'�. The �Saint Paiil wiil-�con-� duct a public hearing,on Wedn,esday,',Oc mber 27 at 5:30 p.m. in'the City � Council Chambeis, Third Floor, City Hall, to.eonsidei ihe appeal of Koua Lee to a de- cision.otthe-Board of Zoning Appeals de- nying a�setback pariance°in drderto split ihe p2operry at 1306 Minne&aha to a11ow 7or the rnnstruction of a new smgle famity home. Dated:.October 8; 20p4 "" � � - ' MARY ERICRSQN. . ' - Assistant City Council Secretary, ., , i - (October 14} ', -__. S�' 'PAHL�E E,C>AL 22087t42 � � . ,..., .I �-/ 1 a CF:1� CF yIC�tiSE.INSPECIIONS:AND ��ZRG�'VL.�T1L. ?RO"I'�CTiGti Jansen �.. Roscs Dfrec:or • f,�liti QF Cj�; ?� L�T 3m«y C..'SzZlv,.t3ayor October 8. 2fl04 i�1�. Vicki She�er Council Offices Room 32fl City Hail Saint Paul, MN. 55102 Dear Ms.Sheffer: rn,r�v �qOF�'SS_%OV 1L BL?L"JZafC- Teie•✓itone: 6� t_ZE5-4090 35GSt.°srerStme6Suizs300 Fuesimite: 651-?66-9i2-- Saa.?aui,_Lfnnesotc.i�707-.'�IO ;Yeo: :vrnv.c�.smau%�mc:rsi�iz� 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: Appellant: • Zoning File #: Koua Lee, 1598 Pacific Street 04-142896 Purpose: An appeal af a Board of Zoning Appeals decision denying a setback variance in order to split the property at 1306 Minnehaha to allow for the construction of a new single family home. Location: Staff: District : Board: 1306 Minnehaha Ave E. Recommended Denial. No recommendation from District 4 Denied on a 4- Z vote. I have confrmed this date w�th ihe office of Council President Ka#hy Lantry. My understanding is that tfiis pubiic hearing request will appear on the agenda of the City Council at your earliest coavezuence and Yhat you �N�ill publish notice of the hearing in the Saint Paul Legai Ledger. '1'hdIi1C5 i i�rely � � / //�� .�_ , �� ,�. �. �r"�Ia�n �:a:3w Zoning S�ecialist � .�y-,+�A-�t0 En�iocer -1._I.� ... � _:°:._° ��c� � ;c�� . � �'��_ 'Jeaartmen€ �f P:anndng 3:cd �cQnnrnic ;>evel��me7t �: Zon=ng Sec'io:z 1100 City �alt .4nnex 25 Y'ies. Founh �treet : Saint Paul. �l SSIO2 256-5589 A+PF�LLANT i r � = % , •. ''_ £'�a#IY2: �`-P,�F7� ?Srn= �1� ��,� °_ _ - -, - .,_,_-:s:::%_ ,.-, . %�Zip S31 �% � paytime phone � �'�—� i PRC3PE3�3Y LOCATiOF� . Zoning �ile Name � :C%; �!��iNi: iT�,'� ;�i �°3�' AddresstLocation ��" ��' � �� ' T°: �E t)F A��E�L. ,�pplication is heraby made for an appeal to the: ` 8oard of Zoning Appeais C,�City Caunci� � �'J, , a o.:� . a y I � on �3�i��e� ,d o oecis+on) under ±he orcvis�cns ofi C�apter 64, Section , Paragraph o� the Zar,ing Cade, ta a oea� � d-� m-de 4 rtio �?�:.��z� �� c�-�- , �-n,�� iie number: U 7' ��''?�5��; �s�OdJiULS FC�R ��'�E�1L: Cxpiain why you fe=i ihere has be=n an error in any requirem=nt, permri, decision or retusai made by an administrative o�ciai Di 8ii °�ROf in fiact, proc2dure or i�nding made by ihe Board of Zoning t�,ppesls or tha e'lan�sing Commissiar�. 9 . � ��/'�� p i , �' ��v .�r✓ ��- , � � •� �::`ach ao`d;�!;cr,ar s�?e2i ,�% �;L'�iiC'allt S 51�li2tll�? !�✓''—��'%'t �'" . ` Da^#� r Gtt� �gBi1# �� /°_ 4 �' x. `�' �d, ;�-' ,r 3�-' % " . . . � ° �.� ' �., , . � '—".e� (��r Ga ?� I Kc�ua �..;., is �`�ing t�is ?�er ta �lain �v I'm ap�ea�g `he nst�� an 1�G5 � �riinne�a a�e east. First �i i nelievL I 3id-�ot get a cfiancaio e:€ulai� wuy Z nee3 t�ie varanc° and I� misund�.Tat�od �n hc�z :o get the pagsrwt�rk � did �t.l�o�ar what I �e�ie:T CQ do_ � s� appravai cuu the va�ia�: � � F lika ta e�iain whg I nesd the var€ancx ta build a ne�r �ouse_ I, �vansto bu�d a ne*x hause for my �areats whe �ave bean on pubi�c assistant fsu a long iuue �gw..Mys�i anci mp brethzr (wha's x�c}�r} wili �e paging far the heus� sa at iast ?n� pareur's li�=e lvn� dr�att� cau be ac^,�r�plish. I bou�si ? 306 2 yeacs ago tl�ii�kittg � w� goin� ta 1iv� ihex� and,�ust I�av� my aam a�d daci live afh�rz I curre�3y Iaue vo�r, but zrfy mother wa�ter� a new house sa she aidn'i not u�aat tQ mave to mp ho�ase therafare I c3iildn.'t �o�e ta 2346 s� I tiec�ded ta put the n4use far reat. I tallceci to Kim Prat� wi�Q w�s a conczrn neighbor and alsa z�oress her concara on ;he �raperty. I assure her that #he prc}p4se new house wiil �at be reniz� out attd ihe e�isting rentai ;�ome wili have a par'.sing in ihe baek I told her that we as citizzen shoutdn't dis„°riminate a�;nst someone who's ?ess farixmats and on public assista�tce, I told he: that aithough I3tlb is rente:i out the tenant "chantzi" is a very aice �ersan and she keeps the place clean. I also ask her if my tenant has evar cause problems in tfie ueighbonc�>od and Kim said, "Na". I've �press to her that I�yself tiva on tha east sirle and we nee3 tc� k�p Ehe praperty valuss ug not down. T:2e varanc� will not bring the property value do�va. I�ad 130b {preluni�aary appraise) w�thaut #he lQt aud i#'s a�out ISEJK. By splitting #he lot it's nct goiz� ta �urt other house values. Ori�naliy the double iot was intend to �e buiit far two rzsidential • housing but people never tflok isutiative on p�g auoiher house on ±he lot. So Pm just 3oing tv;aat it was ori�inal plated for. T`he houszs across frcm i3(}6 have very smail lots and for sure aze noi worth mare than }ny house. The house 1323, 1327, I3�1, 13�5 th�e a13 on small lots. �specially ? 323 tflaf hause hati to had a iariance because it is so close ta tha hause left and right of it it's iike oniy 6 or 7 feet. (;�y Prapase varance Is less then 1 fest.) The Trses that I w�ll �e 2aking dotivn are only small tress Yhe only big tree I wiIl be taking �'own is the oae that is iu the way for the new parking pad for tlze existivg house. �nc� #he new house is built I will be pla�-it more trees. Once again cc�uncii member I'm here to ask yon to graat me the variance. I'm nat asking �ar fna�cial heip or anythin� like that. I'm not "3oe" from Constniction Gampauy who's building ta setl and run Yvith the money. 3'va been life time St. Paui reside�t and w stay so. I don't leave to bup house far out because I t[�ink Pm belter then mg ueigkbars. Z,ast I'zri doing what my parents iaught me to do is Iave them o€�ee I'm ug an my feat. By giving them a uew hQUSe_ Sincerely, Koua Lee 6� 1-2fi8-i? 84 catl anytime � ;� >,' - c�s i ia � �; - :,��-- 4 °��; > - -- -�- --; , .__. - __ � - -_- �- _� -� ;- � � � 0 •v ^ i — 1 E. ;�ri I^�, ��i �= H�'r' � ?0 � yp , � I{ V'% �i — I — — , -- - - .� - � :_ � � _ i i I i � � �� 1 � ; i _''::_ °RiCI< � � I �GI.0 �—C- i � I I I I � �j � � � � r> I � r'i � i , �� , i ' i; i i � !- I 'i �2.cr;c br,:n ;cce � I I i � ' : �;s':, � � ' ,�, I i � I —�` I ..�_ ; , 1 } _ �_ � ; ! � "i �� , n. �. ;iC y� . _ -',':'_ .,_—,? i <fi _ � v�.'K�aC � �;�' . >' �r _ J .i � • "-. J - �/ ' _ v� _ ��p � � �� :; _ ,�: � .�,-�. _ (�J�/!0 �� ,-� ��:� s� � �� ,�c:��;: �I'P�:I��'1'. �A�i� �47'E: �.()CA�'Ii�N: �.E��. ��S�tIP3'I�N: ��,t�°7 �+t�t � �IS i �C�': i'�S�iV�' ZL)��'di �: 1�PL3�ZT D�'�'�: i3�A13�i1'�'� �+�R t��7'a'��: ��o� v�� ?�GUA LEE Septembe: 27 20t�4 1306 `✓INN�H�3�3A Ai ��J�T�' F_�e ST ^d.t3Pdi�'aTG �t)�i�+. �+�L�+N�E: 66.231 Ki�iAU'�'T'S AI3DTTIflN TO �r�E C_�'Y OP S'�`. P�UL LOTS I I& L�T 12 BLK I 4 �_q September 15, 2004 flctaber i 8, 2004 �iI.E �t34-142896 BY: 7ohn Hardwick I3A�'E ��IV�E�: September $, 2444 A. �'IJ�c�SE: A side yard setback variance in order to split a pazcel and build a new singla-fami'.y house. A side yard seYtack of 4 feet is required and a setback of 2.6 feat would be availabie on the west side of itie existing house from tha proposed new property line, far a variance of 1.4 feet. B_ SI'�'� 'i'�I3 A32EA ��1�T3)�TIQNS: This is an 80 by 123-foot parcel with ailey access at the rear. Surroundi�g Land Lise: Primariiy single-famiiy homes with a church tocateri to the sou#h across the alley. C. B A�K�RL)iT\'�: The applicant is proposing to split tbis pazcel in order to create a new buildable 2ot. i3. FIt�I)IN�S: I. The property in q_uestion can be put #o a reasonable use under rhe strict provisions of the ccde. � • `J °aoz i ai 3 � U5 -11 a • riie �;4-1^2896 S'� �e�or T'ae a�piicant pi:rc�ased this �roperrr a't�out :wo yeats ago and is currentiy using it as rental prone:iy. She is prapos:ng *o �iit the pazce: and build a�ew single-iamily dwelling and put it ug for sale. '�'he lots ;n this block were ori�naIly plai*a3 as 40-faoi lots bLt most ai tlae �omes are on lar�er parcels. Ihe aou�e on tlus proper!y is a relatiVe:y iarge house and it is apprapriate to have it an a lazge: lot. Ilnder these circumsta�ces �he present use oi the property is reasonable. Z. The ptight of the Zand owner is not tZue to circumstances unigue to this propet �y, and these circumstanc2s were created by the land owner. The appiicant shouid have researche3 ihe code requirements regarding lot splits and zaning �rior to purchasing this property. Any hardship inearre3 through the stricT application of the code at this point is self created. 3. The proposed va-riance is in keeping with the spirit anct intent of the code, and is consistent wit;� the health, safety, comfort, morals ancl welfare of the inhabitants of ihe • City of St. Paul. The Cor�prehansive Plan encourages the development of new housing units aud in this sense the proposed variance is in keeping wifh the spirit and intent of the code. Spliriing this parcel and building a new single-family home would probably not adverseiy affecY the heaith or welfaze of area residents. 4. �e proposed variance will not impair an atlequate supply of light and air to adjacent property, but will it alier the essential eharacter of ths surraundirig �rea and may unreasonably diminish esrablished property values wzthin the suYrounding ar•ea. The as long as the new house maintained an 8-foot sepaza#ion from the exisYing hous�, the requested variance would not affect the supply of light or air to adjacent properties. As stated earlier, most of the homes on this block are on larger parcels than the proposed 40-iooi wide Iats. This unique characteristic would be alte:ed if The proposed variance was granted. Establishing homes on smailer lots probably wauld have an adverse impact on the vaiue of the other properties on the block. �. 7'r�e variance ?'fgranted, wouZd not permit any use that is not permitted z{nder ihe provisions of the code for the properry in the district where the affected land is Zocated, �or would i2 altet- or cha�ge the zoni3zg district classificaiion of the properry. • Paee ? oi 3 � Os-�ro �1i2 =,-L4'�-�.3=��E - � ��3.1 � ��oIT - _ � _ ?'ha praposea var:'anc�, if �ante�, woulu iot ;,aan�e or aite; tha zan?ng ciass;�scatio� cT" �e uroper;�- b, i ne •requesi for va�nce is baseci�r�inaa�ly on a��sire fe increase the value or incame potentiaZ of rhe parcel cf Zan�. Without any evideac� ia fi�e centrar��, ii appears that the apniica�Ys pri�ary �esire is io i�zcrzase the incame potenriai of tae �raperty. E• I3IS��C� �t)IJ�iC�. �C'flP��si'��TI�3N: As ai the date af ihis xeport, we have nci receive3 a reco�enda�on fi I3istrict 4. �� T�SI't�1�73�Iti�E: Staffhas not received any cosespondence regarding this matter. fi. ST_�'�' ��NN�cc�'�I'�1➢ "��'I1lN: Based on findings 1, 2, 4& S, staff recoutmends denial oi the variznee. • �age 3 oi 3 j • �k � C�5-! �C� �°�1.��; I�3At ��R �43�}��G �/�►�9s`��d�� • �FFICE�FLiC��S�,IIYSPECTION,-AN.3 E'Y✓R17%��TT_4L PR�T.=fT74)h 30Q 1.mvr,� 1'rofzssional B:�iiding �� 350 St Peter Stre� - - SaintPau�eKN55102-i51fl . �bSI) 266-i1308 ,�PPL3C?.VT � - '� � • s=;ie � Aiddress � � �7 � .'�'�� `� �.�� . �� f r3 c;i� J� I� st. ?� ZiQ ��`I�r. �ays[me Pt,os�e ��° =`� ��'r"�`� Pr�perf f in4erasi of Ap�licant (cwner, cosatract �urchaser, stc.) �tame o� Owner (i� Addrgss I �ocaiion �'� �' � ;�°�,��..°� /��3r�>? ��'� i�3�� egai �escriptfon (aifac3� addifissnal sheet lfnec�ssery) �._- r%.rC, �:', 7 �' ;� `, ` �-�,- � s ;,.,,., � � � �.�f Sia� r� �' � � �-% �s�saeat ��rsang � �Pras�asi Usa F ""� , _ � �ro�es��3 Use f_,�v ; C�� ; � 1. Var'sance{s) reques�ed: ,s�f'J;;i'.. fd;�.',�'.�s�au �•� 1 `i �� r%�L��%� 5 �: �a= i �i�= � �` �� ,`�°,, 2. �Vha� �hysicai charac#erastics of ihs pr��esfy pr�yent its �eSng used for any �� 3he pema'stQed �msas In yoesr zone? (f�pography� SiZE �p3d Si32pe of io$, sail conditions, etc.) ��r � / /%' n r''� �-�-��. ��,��' <-�'.-� �`�`�- 3. �x�laon fi�ayv �hs s3rlci ag�piicat9cara �r 3he pravisi�ees Yhe Z�ning Ors3inanca �vouid resuit in pecuiiar or ex��pY3oa�al prac.6ca3 di�cultges �r sxc2pti�na! a�n�ue hardships. Tsn�Sve=he< o_:.:..�r.:.-c "- CAB�iiERS USE-ONLY A, ��iain ;�aw the �ranticag �sf a�ae ienca raiii nc�t. �e � su�s#antia! deYrirneni to ;he pubiis �ood �r a subsiantSe3 =,mpa'ssme� of s#as :ntsnfi �nd gurpose o€ the Zaning Urdananca. ; /"' use-an3� Y __ J t �,��3ica�;�'� y's5nai�re C�S-l6c� _�� . =� � � '" �' f` ' ' � ' ' zF�' `� �'= � /.�� 'y r� � .�-;r�� , ,' -%l �;: �' , , r�; -, ,L%' , �_ �'% �-i�- '_ t �� •- ;: .� J; � � � '� � • �,.-. {, . ¢ `,� �-`,.,.�- , / �` r /ff : i . .'rG.� . �ji _s'Y=�/� � ./ �1 .�y� j � , . 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ST, ANI�IOAt� PARK 13, MERRI?.M PARK-LEXI?`iGTON H��r��'E-SNELLING �-lAMLINE 1�. li�fACA� ESTER GROVELAt�ID 15. HIGHLA� ?6. SL?�riM?T FLrLZ �� i;. I}Q4�I��OW� �� „�;_=t:�� ; ,�. , CZITZEN Pr,� "ITCZPA3TOid PLA.t�Y`NIi`dG 33ISTRICTS Jonn HardwicR - r=: F+7e �04-142896. 1306 �biinrehaha Avenue E., Siee • Fram: To: L�afE: Su6}ect: Y,i Jofin, • "�Cim Prat�" <�cimlet_1@fioinaii.com> �Jc�n. Hardwick@c:.s:oaui., � �n. us> 9/27120C? 7 �' i:?G Al/] ��_ F[i=�-142896; ?306 Micnehana Aver,ue �., ��.� s-:- `, :� � �- �. . � ��l' l�'--Fn�.`l: S;de y2rd varance!`-PSit p2;cVi f 2;*i a sir.gie-�ami�f homeowner at't322 Minr.ehana Avenue E. 1'nave owned my residencs for 5 ye�rs and am very concemed abcui Mr. Koua L2e's inienfions to Guild anoiher singie �miiy =2sideace at 9306 N4innehar?a �Rvenue �. Each home in my neighbcrhood 'obcR on �linnehat�a is homesieaded except for 1306 and 1 am concamed that Mr Lee wiii use ihis new construction as 2 renial uniias wefl. 1 h2ve recently remodeled and i feei tha't an increase in rentaf units in this area will lower ihe property value oi my home and make my neighborhood a less aitractive place to live. Secondiy, the properry - at 1306 shares a one wayldead end altey which can be di�cult to get in and out of and the lack of parking is already an issue in ihis area. Thirdiy; the praper[y at 1306 has a doubie car garage on the spof where Mr. Lee wan[s to build, which would leave his renfers in 1306 wiih na place to park ather than on the street. �ourthly, the existing homes on this Minnehaha biock have a 1.5 to 2 lot space between homes with the excaption of my home and this would crowd our block. Fifthly, the Church behind the AIIey has been increasing in members and their members have been parking in fhe streef and along the service road nexfto Johnson parkway and this furfher inhibits our ability to gain access to fhe alley where our garages are located. Also, ihe yard where N1r. Lee propases to build his cons2tuction, has many large trees - af 3east 12 vyhich help to absorb the toxins and clean the air oi carbon dioxide from the traffic on Minnehaha Avenue and Johnson Parkway and if he builds, ihese irees and green space will disappear. rinalfy, Idlr. �ee's oroposal does not meet with current ciiy codes or which a minimum of 4 feet is to be oifset between rasidences and I do not be(eve tnat he should be allowed to build a new residence at 9306 Minnehaha Avenue E. Thank you for your time and consideration, Kim Pratt 9322 Minnehaha Avenue E. St. Paul, MN, 5b106 651.962.4763 (wosk) 651.216.6354 (ceil) My neighbor Mr. Tom Klein at 1308 Ulinnehaha Avenue E. (homesteaded since 1976) wiii also be contacting you via phone regarding this issue and we have the same concerns regarding our block on Minnehaha Avenue E. Express yourself ir�stantly w'rth �viS� Messengerl Downioad today - it's �REEi http;?lmessenger. msn. ciick-uri.comlgolonmQ02Q0471 ave/directi07 { CC: <ksorati��.stihomas,edu> • �� 5-�l0 �� -� � ��. • �� s �� ,�,-� �� : ��-��s ��T�: �e�t�� 2°7, 2�� `vYI��RE�S, Koua Lee �as apalied for a varance fr3m the strict applica#ion of �e pravisioas oi Sectio� �6.231 of ihe Saiut Paul LagislaTiva G�de pertaiuing to the requarec� side pard varianc:, in order to sglit the lot and'ouiid a new single-familv home in zhe R-4 zoning distrcz at 1305 ?VT�innehaha Avenne East; and W�`3�,REaS, the Saint Paul Boazd ai Zo�ing AppeaIs conducteri apublic hearing on September 2?, 2004 pursaant to said appli�ation in accordance with the requirements of Section 54.203 of the Legislafive Code; and u'HEAE�S, the Saint Paul Board oi Zoning Appeals based - apon evidence presented aY tke public h�aring, as substantialiy refleczed in tlae mirutes, made the following findinas of fact: The property in question can be put io a use under ihe sZrict provisions of the code. . The applicant purchased this property about two years sgo and is currently using it as rental prope.- She is pmposin� to sp3it the �atcel and build a new singIe-famiIy dweiling and put :t np for sate. The lots in this block were origina2ly pIatted as 40-foot lots but most of the homes are on lar�er parcels. Tfie nouse on this property is a relatively larga house and it is appropriate to have it on a larger lot. Under these circumstances the present use oi the praperty is reasonable. 1. �ne plight of ?he land owner is not due to circumstances uniq_ ue to ihis properZy, and these ci•rcumstances wera creaaed by the land ow�er. The apgiicant should have researched the code requirements regazding lot spiits and zoning prior to purchasing Tbis property. Any hardship incurred �ron�h ihe s[act applicatioa of ihe cade at this point is self ereated. 3. 7''ne p variance is in keeping with the spirit and intent of the code, and is consistent with the health, safeiy, comfort, morals and welfar-e of the inhabitants of the City of St. Paul. T3�e Ca�prehensiva Plan encoura�es the development ofnew housing units and in this sense the prauosed varauce is in k°egia� wzth the s�irit aud , oi tfie code. Sp2ittin� this parce2 and hnilciing a�ew sina?e-iamily �ome wo�zld probably not auversely a_tfect the heattk or � Helfaze a� area _esidents. t Pa�e 2 ot` 3 � � b5a�� Fi1e �G4--142896 • Resolution 4. The proDOSed variance :vii1 not ?mpai� an adequate suDply of Iight and air zo ad, jac2nz property, but will it alier tlte essenii¢I c&aractet of ihe su�rou area and .rzay -✓.nreasonatily diminish estttDiished property values wit%in the surroundir�g area. Zhe as long as the new house maintained an 8-fooi separahon from ttie e�istia2 house, the re�uested var.ance would not affect the supply ef lidnt or air 2o adjacent properiies. As stated eariier, most af the homes on ihis bleck are on larger nazcels than the praposed 40- foot wide lots. This unique characteristic would be altere3 if the pr000sed varance was �antzd. Estabiishing homes on smaller lots probably would have an adverse impact on the value of the other pmpe: ties on ihe bloc:�. S. The vanance, ifo anted, woulcl not permit any use that is not permitted ztnder the provisions of the code for the property in the disirict where the ajfected Zand is located, nar wouZd it alter or change the zoning district classifzcation of!he property. The proposed variance, if granted, would not change or alter the zoning classizication of the propeny. • 6. T'ne re�uest for variance is Dased primarily on a desire io increase the value or income �otential of the parcel of Zand. Without any evidence to the conirary, it appears that the applicant's primary �esire is to increase the income potential of the property. NtjW, THEREFORE, BE IT RES�LVED, by the Saini Paul Board ofZaning Apneals that the request to waive the provisions of Section 56.231 to aliow a west side yard setback for the existing house oi 2.6 feet. In order To split the loT and build a new single-family home on the new lot on prot�erty located at 1306 Minnenaha Avenue East; and 3etrally described as Knauft's Addition To The City Of St. Paul i,ots 11 & Lot 12 Blk 1; in accordance with the application ior variance and the site plan on file with the Zoning Administrator. IS HEREBYDENIED M�� Y: Galles ��,{.�� ; 11'Iorfon � �'1��'��: 4 1-��al�'��i ��'; 2 • 13r�3I.E�3: September 2$, 2t3fl4 1 � 1_J � �aEe = o� � C�S- 6 l (� ��ie Y{3�-142s9s • 1Zesointion '� !� I. tIY�'�': >To decision �f il�e aon�g ar piannang admir.ssira#ar, �las�z�ing c�mmission, boa�3 �f zonfin� appeals ar city caunci� appresving a site plan, pea variane.°, nr other za�g agpravad slaa8i �e v�3id ior a period 3o�ger than fwo {Z) y2ars, a�iiess a building permit is abtainesi within suc� period and f3ae erec2ion or atte�afson of a bniidimg is procseding nnder �Iee terms of the decisio,n, ur the �se is esta�iished svithin suc�t pea-iod by ac#ual nperaliou �ursuant ao fi7�e appIicabde cantditions aud re�uirements of tlxe �pprovai, uuless t�ae zaniug nz� p3anniug aciauinisirator grants an es#ension not to egc��d ane (i} vear. :�i'a�' �Z.: �ecisions of t3ae Baard c�� Zaning 9ppeals ar� finai sub�ect #o ap;�ea� to t�e City �aunci� wit�in 10 s3ays lay anyane �ected by #he $ecisao�a. �ui��'fng permits shall not be iss�aeri after an appeal has be�n filed. If perma#s have bee� Sssaed before an appeai has been file�l, #3ien the per�aits are suspende�l and sunstracrion s3aall cease nntil the Cit}� Conncil has made a#"�al determ9nation of tLe �pgaeal. ��?�CA3��;t F: I, the undersia�ed Secra#ary to the �3oard of Zonang A�peals for tLe City of Saint �'aul, il'Iivaiesa#a, do hereby cer4ify #hat I hav� camgaased the foregoing . capy wifh #he arib nal rec�rd ia my nffes; a;4d f�ud the same to be a true and s�r�-ec# capy af said ariginai and af 4he �vhole t3eereaf, as based an approved minutes of t�ae Saint Paui Boaad flff Zaning Agapeais measing helrl un September 27, 30�? and on r�card in the �f�ce af L"acense Imspectio�a and Envir�amentat Prote�#ion, 35� 8t. Peter $treet, SaSnt Pau1,lYiinnesata. �SAIPd'I' �'A�TL �£3.��2T�3 �F Z�lYI�T� APP�+ ALS l_. . r ,� � i ,"; j ;,� 'I." u�. . ; �_ ,:�7�� .a--_ , ;, y I)ebbie Crippen Se�retary to the Baard �e : cf = � s �' i �5-{'('�0 • IvIINiI'fES OF Tf� MEETII�IG OF TI3E BOARD OF ZONING APPEALS CITY COUNCIL, CI�AMBERS, 330 CITY HAI_L ST. PAUL, MINNESOTA, SEPTEMBER 27, 2004 PRESENT: Mmes. Maddox, and Morton; Messrs. Courhiey, Faricy, Cralles, and Wilson of the Boazd of Zoning Appeals; Mr. Warner, Assistant City Attomey; Mr. Hazdwick and Ms. Crippen of the Office of License, Inspecrions, and Environxnental Protecrion. ABSENT: Gloria Bogen* *Excused n U The meeting was chaired by Joyce Maddox, Chair. Koua Lee (#04-142896)__ 1306 Minnehaha Avenne East: A side yard setback variance in order to split a parcel in order to build a new single-family house. A side yard setback of 4 feet is required and a setback of 2.6 feet on the west side of the existing house from the proposed new property line, for a variance of 1.4 feet. Mr. Hazdwick showed slides of the site and reviewed the staff report with a recommendation for denial. One letter was received opposing the variance request. No oorrespondence was received from District 4 regarding the variance request. Mr. Couriney questioned the size of the other lots in the area. Mr. Hardwick instructed the Board to look on page 84 of the packet, to the map showing the layout of the properties and homes on that block. The applicant KOUA LEE, 1590 Pacific Avenue, was present. Mr. Lee stated he does not Imow why this is being denied. The existing property line is 3.2 feet and Paul Dubruiel told him it needed an 8-foot sepazation between the old house and the new house. Tf he built a new house right now it would be 7 feet-6 inches not eight feet of separation which is why he is asking for the variance. Mr. Lee does not see any problem with this 6-inch variance it will not be closer to any other house this is on the west side of the house. If it were to the east side there is a house right there and he could understand that. He azgued that if this is a denial than all these other variances should be denied also. Mr. Lee stated that this house is nice and that he is not a slum lord. There was no opposition present at the hearing. Hearing no fiuther tesrimony, Ms. Maddox closed the public portion of the meering. Mr. Galles moved to deny the variance and resolution based on findings 1, 4, and 6. Ms. Morton seconded the motion, which passed on a roll call vote of 4-2 (Courtney, Faricy). Submitted by: Approved by: • John Hardwick Gloria Bogen, Secretary �� AA-ADA-EEO Employer