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05-645Council File # _��N Green Sheet #�� 1� S I RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Whereas, The purpose of the application was to vary the standards of the Zoning Code to provide a side yard setback variance on the south side of the subject property in order to construct a new single-family dwelling; and 2 Whereas, Renovation, Inc., by Mr. Wally Nelson, made application to the Board of 3 Zoning Appeals (hereinafter, the 'BZA") in BZA File No. OS-097941 for a variance from the 4 strict application of the provisions of the Saint Paul Zoning Code for property located at 1566 5 Point Douglas Road South, legally described as BACHMANN ADDTTION LOT 42 BLK 7; and 7 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 Whereas, On June 6, 2005, the BZA conducted a public hearing after having provided notice to affected property owners and the BZA, in its Resolution No. OS-097941, decided to deny the variance application based on 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 was granted a variance to allow a six-foot side yard setback on the north side of this new home. After he received the variance, he decided to construct a house with an attached garage instead of a detached garage. The construction crew started work on the new house and assumed that since the house had a six-foot setback on the north side that a six-foot setback was acceptable on the south side. The building foundation was installed before it was discovered that the six-foot applied only to the north side of the house. The applicant was ordered to stop work and has since applied for the variance. This variance is a result of an enor on the part of the applicant and the property can be put to a reasonable use without it. IS Committee: Date 2. The plight of the land owner is not due to circumstances unique to this property, and these circumstances were created by the land owner. This second variance request is a result of an error mace by the construction crew and not due to circumstances unique to the property. 3. The proposed variance is not in keeping with the spirit and intent of the code, and is not consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. 2 The applicant is able to build a new house on the site without the need for 3 a variance. This additional variance wili further compromise the setback 4 standards for the district and aze not in keeping with the spirit and intent of 5 the code. 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 43 414 45 46 47 48 49 50 4. The proposed variance will not impair an adequate supply of light and air to adjacent property, nor will it alter the essential character of the surrounding area or unreasonably diminish established property values within the surrounding area. The proposed side yeaz setbacks for the new house are consistent with the setbacks of the neighboring homes. This relatively minor variance will not significantly affect the supply of light or air to adjacent properties. There are other nonconfornung lots in the azea but the majority of homes are located on lazger parcels. The requested variance will alter the character of the neighborhood and could have an adverse impact on sunounding property values. 5. The variance, if granted, would not permit any use that is not pernzitted under the provisions of the code for the property in the district where the affected land is located, nor would it alter or change the zoning district classification of the property. The proposed variance, if it is granted, would not change or alter the zoning classification of the property. 6. The request for variarcce is appears to be based on a desire to increase the value or income potential of the parcel of land. QS-l¢�S Whereas, Pursuant to the provisions of I.eg. Code § 61.702(a), the applicant, on or about May 31, 2005, duly filed an appeal from the determination made by the BZA and requested a hearing before the City Council for the purpose of considering the acUons taken by the BZA; and Whereas, Acting pursuant to L.eg. Code § 61.702(b) and upon notice to affected parties a public hearing was duly conducted by the City Council on 7uly 6, 2005, 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 there being now showing by the applicant of any error on the part of the BZA in any of its facts, findings, or conclusions in this matter, the Council of the City of Saint Paul hereby upholds the decision of the BZA in this matter; and, be it Page 2 0£ 3 i 2 3 4 5 6 7 �' �o � Further Resolved, That the Council of the City of Saint Paul hereby adopts as its own the findings, facts and conclusions set forth in the BZA Resolution dated June 6, 2005, in BZA File No. OS-097941; and, be it Finally Resolved, That the City Clerk shall mail a copy of this resolution to Renovation Inc., the Zoning Administrator, the Planning Commission and the BZA. Requested by By: Adopted by Adoption BY' — Approved �'. — Date �! Council Date " J � Form Approved by City Attorney s /!':�u-. �✓�wv+..� ? - [ L - o r for Submission to Council � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � . . , /�� / . ic DepartmeM/office/council: Date Initiated: V'� �� cA -�;tyA�,�. ,2�,��-05 Green Sheet NO: 3027351 Contact Person 8 Phone: Deoartment SeM To Person Initial te Peter Wamer � 0 i Attorn _ /2' � 266-87'IO /�ign 1 i Attome 7'�z"'r � Must Be on Council /\qenda by (Date): Number 2 � A m 2 � _ � RoUting 3 a or's Oftice ' Order 4 ouncil 5 i Cluk � Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: , Approve Resolution memorializing City Council denial of an appeal by Wally Nelson from a decision of the BZA. Council Acrion Date: July 6, 2005. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Pollowing Questions: Planning Commission 1. Has ihis person/firm ever worked under a contract for this department? ' CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any !� curtent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet , , Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why): � Advantages If Approved: DisadvanWges If Approved: , . ...�,- �i�fi JUL Disadvantages If Not Approved: Total Amount of CosURevenue Budgeted: � Transaction: � Fundins� Source: Activity Number. ° Financiallnformation: (Explain) CITY OF SAINT PAUL Randy G Kel[y, Mayor June 8, 2005 Ms. Mary Erickson Council Reseazch Office Room 310 City Hall Saint Paul, MN. 55102 Dear Ms. Erickson: OFF[CE OF L[CINSE, INSPECTIONS AND �o,��. �o,�oN o5-t��t5 Jm�ers & Ras¢s, D"vector CAMMERCEBUII.DA'G Te%phone: 651-166-9090 SFowzhStreetFo.st,Suce200 Facsimi(e: 657-266-9724 SatiuP¢u1,M'mnerota55707 Web: wunu.[iep.us I would like to confinn that a public hearing before the City Council is scheduled for Wednesday, July 6, 2005 for the following zoning case: Appellant: Wally Nelson, Renovation Inc. Zoning File #: OS-114819 Purpose: Location: Staff• District : Board: An appeal ofa decision ofthe Board ofZoning Appeals denying a side yazd setback variauce in order to construct a new single family dwelling. 1566 Point Douglas Road South. Recommended approval. District 1 recommended denial. Denied on a 6- 1 vote. I have coufinned 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 earGest convenience and that you will publish notice of the heazing in the Saint Paul Legal Ledger. Thanks ! Sincerely, John Hardwick, Zoning Specialist AA-ADA-EEO Employer � NOTICE OF PITBPdC �II�7G . The Saint Paul City C,ouncil will con- duct a public hearing oa Wednesday, July 6, 2005 at 5:30.p.m. in ttie L'ity Council Chambers Gity HaII,15 West Ffetlogg Bovlevaicl; to epnsider the appeai of WaNy Nelson,FenovaGion fna 1b a deci- sioa of theBuazd of deny- ing a side�yard aetbaek varisnce in oader to constrnct a new single fam'rly dwpt7;�o at 1566 �Poiat Dougtas Road Sonth. Dated:J�ine 9,.2005 � . . MARY ERICIffiON � Rssistant City Council Secretary . -.._ k�une 13.:2W5)z . -. . - 8L PAOL Fd6At IEDfi�t 22U96721 � � � APPLICATION FOR APPEAL Office of License, Inspections and Environmental Protection 300 Lowry Professional Building 350 St Peter St, Suite 300 Saint Paul, MN SSZ02 651-266-9008 APPLICANT Name �a v�L • Address II �(p � ry,,� ,q.,/�o-c. City 5 ,� q� I � — St.M� Zip SSy�� Daytime phone �tlZ' z�/ �� 3 y`/ 3 Name of owner (if PROPERTI( /�d ( �(a� LOCATION Legal description: � TYPE OF APPEAL: Application is hereby made for an appeal to the: N� ❑ Board of Zoning Appeals �City Council under the provisions of Chapter 61, Section _, Pasagraph _ of ihe Zoning Code, to appeal a decision made by the `�j9 Fi�uS on_ �/��0� (date of decisionl � 200_ File number: QS �/ � � / � GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. �_�-Q-- �-a-�-r cu%+"t� additional \ Applicant's signature W�-�-!J �c� c.? � Date � d5 City agent � 05-�45 b5-lo�S µn 3 �' a: � � � • I believe the Board of Zoning appeals made an error in tUeir denial of my variance request for the following reasons: 1. City of St. Paul Zoning staff recommended approval of this minor variance. The staff report supports this variance. 2. I just want what is common to the neighborhood: a. Our neighbor to the North,1560 Point Douglas Road, is 5.5 feet off of his Soufh properly line. An encroachment to tLe current zoning standards. b. Our neighbor to the South,1568 Point Douglas Road, is 8.8 feet off of his North property line. An encroachment to the current zoning standards. c. 1558 Point Douglas Road is 3 feet off of her North property line. An encroachment to the current zoning standards. d. 1604 Point Douglas Road, the garage is built right on the property line. An encroachment to the cnrrent zoning standards. e. 1616 Point Douglas Road is 8 feet off of the North property line. An encroachment to the current zoning standards. 3. The Board of Zoning approved our 6- foot side yard set back on the • North side of our property last fall. We are now asking for the same 4- foot variance ou the South side yard. a. The variance approved last fall allowed the home at 1560 Point DougIas Road and our home at 1566 Point Douglas Road to have 11.5 feet of separation between them. b. The 4-foot south side yard variance I am requesting would result in the homes being 14.8 feet apart. �• b5 -105�5 ��J �: '_ �.. S- • 4. We made a mistake by trying to build a better home for the neighborhood. After the variance approval last fall my business partner and I visited the site and the neighborhood and realized that a home with a front loaded garage would not only bene�t our neighbors but that most of the homes in the neighborhood had front facing garages. a. We spoke to the owner of 1560 Point Douglas Road (North neighbor) and he indicated that he did not have a problem with a front loaded garage but was concerned about the amount of light getting into his front side windows. Therefore, we moved the home back on the site giving our neighbor better light. b. He also indicated that he liked the idea of a front porch. c. The neighbor at 1568 Point Douglas Road (South Neighbor) has indicated he is worried about the water run off from our lot. The current home will allow us better water control than if we had a driveway running along his property line. d. Having the front facing garage also gives the neighbor at 1568 Point Douglas Road (South Neighbor) more privacy as the garage runs along side his house versus a living room window. e. We designed a home that had a front facing garage and a porch. Unfortunately we designed a 28- foot wide home. � 5. LIEP and zoning approved and signed off on the building permit for this location. We installed the foundation and started the first floor before we realized the foundation was past the south side yard setback. The cost to remedy this situaHon is $Z0,000 to $25,000. 6. Benefits: a. Better light for our North neighbor. b. More privacy for both neighbors. c. Better control of water run off. d. The home fits the character of the neighborhood. • � 05-toy5 CITY OF SAINf PAUL Randy G Kelly, Mayor June 3, 2005 Wally Nelson, Renovation Inc. 1136 Payne Ave. St. Paul, MN. 55101 OFFICE OF LICENSE, INSPECTiONS AND �' ` y �� ENVIlZONMII�1'AL PROTECITON � // � � Janeen E. Rosas, Director COMMERCEBUII.DING Tetephane: 651-266-9090 . SFaunh SireetEasl,Suite200 Facsimi[e: 651-266-9124 SaintPavl,M'xnnesota55101 Web: wwwZien.vs RE: Variance application for 1566 South Point Douglas Road. Dear Mr. Nelson: Pursuant to Miunesota State Statute 15.99 we are extending the deadline`for action on the referenced variance application for an additiona160 days in order to allow for the time necessary to process your appeal of the Boazd of Zoning Appeals decision denying your variance request. � Sin�erely, ;. � /( , � � �ohn Hardwick, Zoning Specialist � � AA-ADA-EEO Employer 05-�045 , .� � �� c5�-il` � � • r1 � BOARD OF ZONING APPEALS STAFF REPORT TYPE OF APPLICATION: APPLICANT: HEARING DATE: LOCATION: LEGAL DESCRIPTION: PLANNING DISTRICT: PRESENT ZONII�TG: REPORT DATE: DEADLIl�E FOR ACTION: Minor Variance Wally Nelson May 23, 2005 FII.E #OS-097941 1566 POINT DOUGLAS ROAD SOUTH BACI�IAN ADDITION LOT 42 BLK 7 RL; RC-3 May 18, 2005 7une 18, 2005 BY: John Hardwick DATE RECEIVED: May 9, 2005 A. PURPOSE: A side yard setback variance for a new single-family. A side yard setback of 10 feet is required and a 6-foot setback is pmposed on the south side, for a variance of 4 feet. B. SITE AND AREA CONDTTIONS: This is a 40 by 135-foot lot with no alley access. The lot is relafively level with a slight grade from the front up to the reaz. _ Surrounding Land Use: Primarily single-family homes. C. BACKGROUND: The applicant is proposing to build a new single-family house on tlus vacant lot and in November of last year, the Boazd granted a side yard setback variance for the north side of this property. D. FINDINGS: 1. The property in question cannot be put to a reasonable use under the strict provisions of the code. The applicant was granted a variance to allow a six-foot side yard setback on the north side of this new home. After he received the variance he decided to construct a house with an attached garage instead of a detached gazage. The conshvction crew started work on the new house and assumed that since the house had a six-foot setback on the north Page 1 of 3 ZONING CODE REFERENCE: 66.231 � File #OS-097941 Staff Report �_ ,M � ff5- f �( . side that a six-foot setback was acceptable on the south side. The building foundation was installed before it was discovered that the six-foot setback applied only to the north side of the house. The applicant was ordered to stop work and has since appfied for this variance. The applicant is pmposing to conslruct a single-family home on the site. This is a reasonable and permitted use for a platted, residentially zaned lot. This property is located in an RL zoning dishict. This previously platted lot does not meet the RL standards for azea and width but it is "a lot of record," therefore, a buildable lot provided that setbacks and other yard requirements can be met. The RL dishict requires 10-foot side yard setbacks and the code requires a minimum house width of 22 feet. It is not possible to build a house on this lot under the strict provisions of the code. 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. � This lot was platted prior �o the adoption of the current zoning standards, The strict application of these standards would prevent any reasonable use of the property. This is a circumstance that was not created by the properiy owner. Admittediy, this second variance request is a result of an error made by the construction crew but the same • reasoning still applies to this parcel. 3. The proposed variance is in keeping with the spirit and intent of the code, and is corrsistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. One of the goals of the Housing Chapter of the Comprehensive Plan is the development of a wide range of new housing units, encouraging a diversity of unit types and afford- ability to meet the growing mazket demand. The proposed new single-family home will provide a housing unit consistent with other homes in the azea and infuse new vitality in this older neighborhood. This additional variance will allow the applicant to build a 26-foot wide house, rather than the tuinimum 22-foot house width that was previously planned, which is more consistent with the size of other homes in the azea The requested variance is in keeping with the spirit and intent of the code and will not adversely affect the health or welfaze of azea residents. 4. The proposed variance will not impair an adequate suppZy of Zight and air to adjacent property, nor will it alter the essential character of the surrounding area or unreasonably diminish estabZished property vaZues within the surraunding area. Page 2 of 3 • � 05- b45 � ' �'" � _ C5-l� �= .� . � File #OS-097941 StaffReport The proposed side yard setbacks for the new house are consistent with the setbacks of the neighboring homes. This relatively minor variance will not significantiy affect the supply of light or air to adjacent properties. The neighboring house to the south has a side yard setback of 5 feet and the house to the north has a setback of 8.8 feet. The two homes on the north side aze also built on 40-foot wide lots. The requested variance will not alter the chazacter of the neighborhood and should have a positive impact on swrrounding property values. S. The variance, ifgranted, would not permit any use that is not permitted under the provisions of the code for the property in the district where the affected land is located, nor would it alter or change the zoning district classification of the property. The proposed variance, if it is granted, would not change or alter the zoning classification of ttie properiy. 6. The request for variance is not based primarily on a desire to increase the value or • income potential of the parcel of Zand. The applicanYs primary desire is to put the property to a reasonable use in a manner consistent with other properties in the azea. E. DISTRICT COiJNCIL RECOIVINIENDATION: The District 1 Community Council is recommending denial of the variance. F. CORRESPONDENCE: Staff has received one phone call in opposition to this request from the property owner to the north and one call in support from the properiy owner to the east. G. STAFF RECOMIVIENDATION: Based on findings 1 through 6, staff recoxnmends approval of the variance. n U Page 3 of 3 � r d5-6�� s�ss=� i�{! �� APPLICATION FOR ZON(NG VARIANCE OFFICE OFLICENSE,INSPECTIONS, AND ENVIRONtV1ENTAL PROTECT70N 350 St Peter Street, Suite 300 Saint Pau1, MtV 55102-I SIO 651-266-9008 APPLICANF .�...�� s- �, � �sz8�' Zoning office use only Filenumber v's'�Ft�y( Fee $ 7 j'�; Tentative hearing siate � Section(s) (��,, Z,Tj� Eiky AqeFlt /�1/,Tn o � �� a . Y � ��`_' Address i � 7 i Cp� ¢c�t l�t-C��,�/-¢�u -� ' Ciiy �� J l State�Zip 3'S�J� Daytime Phone (41 z �' '�+ `f5 Pmperty interes[ of applipnt (owner, conirad purchaser, etc.) C��h?�t Name of owner (if different) PROPERTY Address(Location (�i �.C�p ��,`kSl-- � F (c�$ (? Legal description �� I''L� P�[,3f/�iC '7 �a�l i'h.e...L, {�A�i T)Mj ��°�! CA-�:�5�/' (amch addifional sheet i�necessuy) � Lot size _ �"F V� I Y i �{ Present Zoning Presenf �° q� (y1 pu.�' .. A t° . L..jwr 2. What p ysica charaderistics of the property prevent its being used for any of the permitted uses in your zone? (fopography, size and shape of lot, soil conditions, etc.) I Proposed Use � `( c��F�q � �j} �(J r�r�l�lY' �sycA L 1. Variance(s) requested: �-1 l�4' S,b� `( fs+�l� �7a�,t� € �. � � �.�-3 Sa ��-i �'t �.0 o� � s-t �.. t,�� e�.� r� f/ e.�.c_ fn `�..e�'� oi�- oe� 3. Explain how the strict application of fhe provisions offfie Zoning O�nance would result in peculiar or exceptionai practicai difficulties or exceptional undue harclships. CASHIERS USE ONLY 4. Explain how the granting of a variance will not be a substantial detriment to the public good or a substantial impairment of the intent and purpose of the Zoning Ordinance. ApplicanYs � � `"� � �� T--�� 4 " O O , _ _. � _ � ( � N O7'15'03" W 3 � t � � N `` �� e V M 60 N� �3 O N � 2 M .`f ]� » . � � C� b� �E- yai � n . � � N � . 11� • � i�. x � � 6� � � � L=40.09 �'" R=1178.28 PDINT IJOIIGl.4S RD. � �I 31 z' n', JI J' � I °� ,. . � r � � 0 O ' : T � N b WW N �� W �� r � . L V� o y'� � d � o R� z � N .V d � � q � �'� ti Po �� w r � � ; v � � �� P. I Q `° '� w� H < .�d. � rn 3 y o �1 �py'I 3 �g ' E v � a� � p � � f a o 3� °� � 7 0.9 � a t' � � w � �� h o� _ �rN`° �� g p°o �� °�J� �o � o�� o � .a � °� 3 0 9 v yi °3 �:^ N °� a O :� w y >. °� � w� �3 d ° � 3 °� m Q � .-�- V � �': � � � $ u, �^ ��'� e �� ° �z � e e °_ �� q 3� � q E� z a 0 . C� 9 � � �� ( , o -a' � 3 � ' �a� za � o.o ,G�. c N y> ay } � �� c � 1 N y , ¢ ° �3 L � 'S�� 1 G � p G �� m � T O`�p 'N J 9 N z� O 9 � N .-� [L N q ll �° „ o a° �;� �4 .5 � V w a° ��" � �9 �,.�a z � ¢ �� p��2 ro�3- i�= ��. `'� „ �9 f: o v� � y ;a .� ; ° a y w'� p3,m3o3 �A °>.a � m m °� o3w,5�a;�'.=F �o .p��, v� m o n � q m °� Ag 'a 'x � `oha��, ¢_°d aKH ��n ai m .-i a ai .: � w c 3 ri �+i y! ° a ' w _ q a ¢ U � U � ¢ a L7 � w � � From: <Disfrict1 Council@aol.com> To: <John.Hardwick@ci.stpaul.mn.us> Date: 5/18/200510:56:18 AM Subject; 1566 Point Douglas Road HiJohn, The District 1 Community Council's hearing committee reviewed the 2nd sideyard setback variance at 1566 Point Douglas Road. Thecommittee is recommending denial of the variance. Though it is understaod that the property is a lot of records, the council still feels the variance should not be approved. The reasoning behind the decision is iwofold: - The sideyard setbacks are out of character with the neighborhood. 7he small sideyards will visually crowd 3 lots on a street with other sideyards averaging 20ft. - This variance goes against the Highwood Plan. Feel free to call me if you have any questions regarding District 1's decision. Thanks, Ann Mueller Executive Director, pistrict 1 Community Council � � I �� PROPERTY WITHIN 100 FEEl" OF PARCEL: 1566 PO1NT D011GLAS � S��N� � 1554 1558 z s ,� �c � � �: , � / 1 1 �� G� 1581 � � N W CREATED BY LIEP Y � S E 05-��FS 2. 3. 4. 5. 5. 7. 8. 9. 1D. i?. i2. 13. 14. 15. Ifi. ,-, ��. S UI*IRAY-HATTLBC RE BK4HIG H W OOD F�<'�ZE'. PARK i HILLCREST WEST SIDE DAYTON'S BLUFF PAYNF's-PHAL.EN NOt END THOMAS-DA�.B �UiviMIT-UIVIVERSIT'Y 1'JEST SEV'EiVTH COMO i LSrrIL.TNE-ivlID �3'AY ST. A!�TH�P7Y PARK MERF.�?.M f�AP�Ii-LEnINGTON I ;vi�CALESTER GROVEi�YL HiGi-�i.AND SUA�Ih�I l HILL �O�V'ti'TC�3fiT .� �` �y u . . _ �5-71�� '� I � � ��g�`�� -�� 56_�`�1'1�� CiTIZEN PP.RTICIP_A`ISON PLA�NG DISTRICTS 05 -�o�f 5 � CITY OF SAINT PAUL BOARD OF ZONING APPEALS RESOLUTION ZONING FILE NUMBER: #OS-097941 DATE: June 6, 2005 WHEREAS, Wally Nelson - Renovations Inc., has applied for a variance from the strict applicaflon of the provisions of Section 66.231 of the Saint Paul Legislative Code pertaining to the required south side yard setback in order to construct a new single-faxnily home in the RL zoning district at 1566 Point Douglas Road South; and WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on June 6, 2005 pursuant to said application in accordance with the requirements of Section 64.203 of the Legislarive Code; and WHEREAS, the Saint Paul Board of Zoning Appeals based upon evidence presented at the public hearing, as substantially reflected in the minutes, made the following findings of fact: 1. The property in question can be put to a reasonable use under the strict provisions of the code. • The applicant was granted a variance to allow a six-foot side yard setback on the north side of this new home. After he received the variance he decided to conshuct a house with an attached gazage instead of a detached garage. The construction crew started work on the new house and assumed that since the house had a six-foot setback on the north side that a six- foot setback was acceptable on the south side. The building foundation was installed befare it was discovered that the six-foot setback applied only to the north side of the house. The applicant was ordered to stop work and has since appiied far this variance. This variance is a result of an error on the part of the applicant and the property can be put to a reasonable use without it. 2. The plight of the land owner is not due to circumstances unique to this property, and these circumstances were created by the land owner. This second variance request is a result of an error made by the constxuction crew and not due to circumstances unique to the properry. 3. The proposed variance is not in keeping with the spirit and intent of the code, and is not consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City ofSt. Paul. The applicant is able to build a new house on the site without the need far this variance. This • additional variance will fiirtlier compromise the setback standazds for the district and are not in keeping with the spirit and intent of the code. Page 1 of 3 1�5-�-`P5' File #OS-097941 Resolution 4. The proposed variance will not impair an adequate supply of Zight and air to adjacent property, nor wi11 it alter the essential character of the surrounding area or unreasonably diminish established property values within the surrounding area. The proposed side yard setbacks for the new house aze consistent with the setbacks of the neighboring homes. This relatively miuor variance will not significantly affect the supply of light or air to adjacent properties. There are other nonconforming lots in the azea but the majority of homes aze located on larger parcels. The requested variance will alter the chazacter of the neighborhood and could have an adverse impact on surrounding properiy values. 5. The variance, if granted, wouZd not permit any use that is not perntitted under the provisions of the code for the property in the district where the aff'ected Zand is located, nor would it alter or change the zoning district class�cation of the property. The proposed variance, if it is granted, would not change or alter the zoning classification of the property. � 6. The request for variance appears to be based on a desire to increase the value or income • potential of the parcel of Zand. NQW, THEREFORE, BE TT RESOLVED, by the Saint Paul Boazd of Zoning Appeals that the request to waive the provisions of Section 66.231 to a11ow a south side yazd setback of 6-feet, in order to conshuct a new single-faznily home on property located at 1566 Point Douglas Road South; and legally described as Bachman Addirion I.ot 42 Blk 7; in accordance with the applicarion for variance and the site plan on file with the Zoning Adwinistrator, IS HEREBY DENIED. MOVED BY : Bogen SECONDED BY: courtne IN FAVOR: 6 AGAINST; i A4AII.ED: June 7, 2005 � Page 2 of 3 oS-��5 • File #OS-097941 Resolution TIlVIE LIlVIIT: No decision of the zoning or planning administrator, planning commission, board of zoning appeals or city council approving a site plan, permit, variance, or other zoning approval shall be valid for a period longer than two (Z} years, unless a bnilding permit is obtained within such period and the erection or alteration of a building is proceeding under the terms of the decision, or the use is established within such period by actuai operation pursuant to the applicable conditions and requirements of the approval, unless the zoning or planning administrator grants an extension not to exceed one (1) year. APPEAL: Decisions of the Board of Zoning Appeals are f5na1 subject to appeal to the City Council within 10 days by anyone affected by the decision. Building permits shall not be issued after an appeal has been f'iled. If pemuts have been issued before an appeal has been filed, then the permits are suspended and construction shall cease until the City Council has made a final determination of the appeai. • CERTIP'ICATION: I, the undersigned Secretary to the Board of Zoning Appeals for the City of Saint Paul, Minnesota, do hereby certify that I have compared the foregoing copy with the original record in my of�ce; and find the same to be a true and correct copy of said original and of the whole thereof, as based on approved minutes of the Saint Paul Board of Zoning Appeals meeting held on June 6, 2005 and on record in the Office of License Inspection and Environmental Protection, 8 Fourth St. E, Saint Paul, Minnesota. SAINT PAUL BOARD OF ZONING APPEALS Debbie Crippen Secretary to the Board � Page 3 of 3 05-c�4S �� ' � �� cj� DistrictlCommunity Counci '� � DistrictlNews Battie Creek Poiice 8torefront The newspaper oF the District 1 Commnnity Conncil L° A Community Partnersitip" 2090 Conway Street, Room 126 2107 Old Hndson Road, SunRay Shopping Center Saint Panl, MN SSll9 Saint Panl, MN 55ll9 voice: (651) 501-6345 fax; (651) 501-6346 voice: (651) 70�6770 fax; (651) 714-8229 ]ohn Hardwick City of Saint of Paul Office of LIEP 8 FourCh St. East Suite 200 Saint Paul, MN 55101-1024 Hi John, The District 1 Community Council's hearing committee reviewed the 2nd sideyard set- back variance at 1566 Point Douglas Road. The committee is recommending denial of the variance. � Though it is understood that the property is a lot of records, the council still feels the variance shou{d not be approved. The reasoning behind the decision is twofoid: - The sideyard setbacks are out of character with the neighborhood. The small side- yards will visually crowd 3 lots on a street with other sideyards averaging 20ft. - This variance goes against the Highwood Plan. Fee! free to call me if you have any questions regarding District 1's decision. � Tha n ks, Ann Mueiler � Executive �irector,� �istrict I Community Council . . ._ . �� District 1 Community Council • 2090 Conway St • Room 126 • St Paul, MN 55119 voice: (651) 501-6345 fax: (651) 501-6346 e-mail: DistrictlCouncil@aol.com � . �=� ; �. �`�_�l��l- � _ �� a, j�,�w: , � �� (' . I . r � �t � �i �'"f .'� k 't :�. f t; �. 2� � a�3 1 ZL t . : .'. �` '�' �� t '�: ! �a t �; , i' � M '�� . . �di'�}' �,�i�;�� '��r`#� . i • },3 ri;F �� .i� yS' �S'�"'� ''� �S� clv�s�4 .,-°�,. ��..sr,{t ._.�t �.�t -- 4'� �: rY��„P� Y: L 7 dF<g w� tV�� . i.�+.� �$ t�, �� tt r < 4 �. 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U�� i�l �h�� ' f � i �. �, � fI 'm' ' �;; x � ;� " . � - ! z'� . . �I � k � �r `i i A 4 „ � R i �r^R F C 0 I , �'1 , H '�� ( b� �• Pl'� ' ;�� v}�}`� 3 [ �� { �3. }�5 3y� � V vs`` : . i . . . u - H .� � � e.. � P Y,�.. ..� ��^�^`r,._.._ �ra .�� :�Y.»...,..y�1�T�4��{3'°F�{S'6��' � �Ui � } � �; �' �'s � �� '` .. � � ��:;� ,z #;t�a .; t "- - . • r ,:� � � • MINLTTES OF TF� MEETII�7G OF THE BOARD OF ZONING APPEALS CITY COUNCIL CHAMBERS, 330 CITY HALL ST. PAUL, MII�SNHSOTA, MAY 23, 2005 PRESENT: Mmes. Maddor,, Bogen, Linden, and Morton; Messrs. Courtney, Galles, and Wilson of the Boazd of Zoning Appeals; Mr. Wamer, Assistant City Attomey; Mr. Hardwick and Ms. Crippen of the Office of License, Inspections, and Environmental Protecrion. ABSENT: Richard Faricy* *Excused The meeting was chaired by Joyce Maddox, Chair. Wallv Nelson (#OS-097941) 1566 Point Douglas Road South• A side yard setback variance for a new single-family. A side yazd setback of 10 feet is required and a 6-foot setback is proposed on the south side, for a variance of 4 feet. Mr. Hardwick showed slides of the site and reviewed the staff report with a recommendation for approval. One letter was received opposing and one in support of the variance request. One letter was received from District 1 opposing the variance request. . The applicant WALLY NELSON - RENOVATION INC., 1136 Payne Avenue, was present. Mr. Nelson stated that he is here because of a mistake. After the last variance was approved he visited the building site and his partner noted that all the homes had front loading garages. Going back one street to Burg Street, which is a new development there, and all the garages are also facing the street. He had this discussion with his partner and he toid his partner that before he could change it he needed to speak to the neighbors and he needed to talk to the City to see if they could build this. Mr. Nelson stated that he visited the neighbor to the north, Mr. Puehrer, and asked what he thought. Mr. Fuehrer stated to Mr. Nelson that they were concemed tt�at they have a bedroom that is in front and they have a window that faces the south. His wife was concerned about light getting into the house. Mr. Nelson told Mr. Fuehrer that he could push the house back a little, creating a iittle "L" and give more light in that window. He seemed agreeable at that point. Mr. Nelson then spoke with City staff and pulled his pemuts. They then also considered the house to the�south which is Greg Wrobel's house. The garage has no windows so it creates more privacy for the house to the south. By putfing in a front loading garage on the site a more usable back yazd space was also created far the future owners of this properry. They started the construction and he told his people that they had 6 foot setbacks. Mr. Nelson stated that most lots in Saint Paul have 4-foot setbacks. He recently did a construction project on Wheelock Parkway with 6 foot setbacks and we had 6-feet on the north side. The bottom line is that he blew it. He told the construcfion people 6-feet on each side. Mr. Nelson stated that he is here admitting his mistake, seeldng a 4-foot south side setback Again his intention in changing the house plan was to build a better more fitting house and give a little privacy to the neighbor to the south, a littie light to the neighbor to the north and tried to make this fit in. Mr. Nelson submitted black and white photos showing the homes and the lot lines. It also shows a number of gazages both detached and attached facing the street already. He stated that as he was doing the research he found a number of homes in the neighborhood that did not meet the � 10-foot side yard setback requirements. Including his direct neighbor. The neighbor to the south Greg AA-ADA-EEO Employer 05�oy5 File #OS-097941 Minutes May 23, 2005 Page Two Wrobel as John admits is oniy 8.8 feet off his side yazd. The neighbor to the north Bill & Sharon are 5.5 feet off the south side and 8 feet off the north side. Fifteen-fifly-eight Point Douglas Road South is 3- feet off the north side. Sixteen-zero-four Point Douglas Road South the gazage is right on the properly line. Sixteen-sisteen Point Douglas Road South is 8-feet off the north side. The last variance the Boazd granted us allowed us to go 8-feet on the north side which allowed for 11.5 feet of separarion between homes. If this variance is granted there will be 14.8 feet of separation between his house and the house to the south, and it will be consistent with the previous variance the Boazd already granted and what the neighboring homes already have. It will also allow us to build a quality single-family home that fits the neighborhood and will allow the new home owner to enjoy the benefits of an attached gazage and what people really aze currenUy looldng for in homes. Mr. Nelson stated tl�at if the Boazd looks through the packet they wiIl notice that all tke new homes have attached gazages and there are a few current garages that face the street even if they are detached. ❑ Ms. Bogen stated that she does not see where attaching the gazages is the problem. Didn't you l�ave a blue print of this house before you started building it? Mr. Nelson stated that he went to the front load garage. Ms. Bogen stated that is not her question, she does not caze about the garage. She questioned Mr. Nelson you had a blue print that would allow you a 6-foot side yazd setback on one side and a 10- foot side yard setback on the other side. A 40-foot wide 1ot tl�at would have been a house that would be 24-feet. Now you put a Foundation in to make the house 20-foot wide? Mr, Nelson stated what they did • was scvitched out plans, brought them down to LIEP (License, Inspection, and Environmental Protection), had it pass through everytUing. We constructed the house. We switched it to what we though was a better house for the azea. Again with talking to the neighbor Plul, to create more light for him, and trying to create privacy for our neighbor on the south side. We had a blue print it went through staff and again it was a mistake that he made on the calculafions. Ms. Bogen stated that it is less of a mistake and more tbat you were not even prepazed to go through with this when you came to us the first time. So why should we now allow you to make this wider house? She stated that she is somewhat suspicious at times: If someone asks for the one side yazd setback than changes the plan so you can have the size house you wanted in the first place. Mr. Nelson stated that if this were the first time he had built a house in the City he could see that. He Hunks that Mr. Hardwick can attest that he has a great reputafion in the City. He owns rental property and builds a lot of houses, and rehabilitates a lot of houses in the City. This was a point blank honest mistake, he is here to admit his mistake. The reason they changed the house was that they thought thaf this fiouse would be a better fit in the area. Unfortunately the foundations aze in and hvo walls aze up. There was opposition present at the hearing. Joel Montpetit, 222 Cnand Avenue South, stated he is in attendance for the properry owner to the South, Crreg Wrobel, 1568 Point Douglas Road South. Mr. Montpetit stated he was not involved in November when the applicant requested the variance to the north. Noting that he has a copy of the resolufion. He commented thaf it is very easy to see why the Boazd granted the variance. The biggest reason was that it was not possible to build a house on the property without a variance. That rational is not present at this time. The circumstances were unique to the property, but it is not now. • AA-ADA-EEO E�loyer OS-�Y5 • File #OS-097941 Minutes May 23, 2005 Page Three Phil Fuehrer, 1560 Point Douglas Road South, stated he is on the north of the property. Ae did have a discussion with the developer about the house change and he thinks that the developer has been quite open. However, Mr. Fuehrer did state to the developer that he preferred the original house plan which had a porch. When Mr. Nelson showed him the new house plan they did talk about the lighting. Mr. Fueluer feels that the original variance greatly effects the lighting. The applicant did agree to place the gazage on the other side of the house, which he feels was very courteous of him. Unfortunately we did not talk about it being a 28-foot house. He thuflcs if they had he would have told them that was entirely unacceptable. We are back here six months and a day after the approval of the first 4-foot variance for the ptoperiy in question. On November 22, 2004 Mr. Nelson requested a 4-foot variance in order to build a 24-foot wide house. Mr. Fuehrer stated that he has done a study of all the decisions made by the Board since November. About 85% of the variances aze made with no opposition. Only 10% have 2-3 vote minorifies. In November this inirial variance squeaked by on a 4-2 vote. It was clearly a contentious issue with only the sntgle variance request. Now we aze back here for another 4 feet. Unforiunately this is not a school yard game of basketball where you take a shot and then ask for a do over. He questioned what kind of precedent does this set. Where one can come for a variance, have it approyed, and then say oops, I want another one. They are a11 set to build a 24-foot wide house which meets all code requirements. Not something that was missed, we just didn't see it and we need to conect it with another , variance. But simply the chana ng of one's mind. Mr. Fuetu�er stated he wanted to discuss some • disagreements with staff reports. $pecifics that are needed in order to jusfi£y a variance. One the property cannot be put to a reasonable use. As has been stated this may have been the case in November, it is no longer the case. Two the plight of the land owner is due to unique circumstances and not created by the owner. Again this may have been the case in November, but it is no longer relevant. Their plight is certainly due to odd circumstances, but they aze circumstances created by the owner/developer not outside their control. Furthermore, precedence aiready exists from 1135 McKnight Road South where an identical situation occurred. There the owner's were required to demolish the foundation, and comply with the setback requirements. Mr. Fuehrer requested the same consideration here. Third the proposed variance will not alter the essential character of the surrounding azea. He contended in November that the initial variance greatly diminishes the character of the area. Mr. Fuehrer stated that the granting of this second variance will create a blot on the landscape and will directly impact the adjacent lots if not the entire azea, by figurarively, perhaps literally, cramm;ng a house, onto a lot, that does not fit the lot or the area spacing characterisrics. Mr. Fuehrer continued that the developer threw out some numbers, on setbacks for some of the housing units that are there. The ones he menfioned aze all for housing that was built prior to 1964. Including my house, the house to the south, and the house two houses to the north. Mr. Fuehrer passed out maps he had prepared showing the spacing of homes in the azea. He reqixested that the Boazd take a look at the setbacks for those older houses, and take a look at the 12-13 lots in the immediate area. The average setback that you see for this entire area is 33 feet between houses. On the Point Douglas side of the street excluding this lot in quesfion, the average is 26 feet. Mr. Fuehrer explained that looldng at the map the letters "a,b,c,d, through i" the spacing is separation at `a' is 35 feet. At `b' there is 23 feet of separafion, he noted that he may be 9 feet off the side property line but his neighbor is 14 feet off the property line on that side. We'll skip `c' &`d' for now and go to `e'. `E' is currently a vacant lot but there is 67 feet • from what is shown as a gazage there. Then `fl the house between `e' &`f is a new house. If a 24-foot AA-ADA-EEO Employer 05- 6�f5 File #OS-097941 Minutes May 23, 2005 Page Four � kouse is centered on that lot there will be at least 21 feet perhaps as much as 23-24 feet at both sides of the property line. `F' is 32 feet of separation. `G' is 46 feet, `h' is 43 feet, `i' has not been built but he is assmning that it will look closely lika `a' which will create about 45 feet of separafion. This is not Frogtown, it is not the Westside, it is not Universiry-Midway, it is not an inner_city neighborhood. It is RLL and where it is not RLL these lots meet almost to a lot to the Rl definition. There aze just a few of these scattered 40 foot lots, he happens to live on one of them, tl�at do not quite fit. Maldng this a defacto R2 designation is probably the best characteristic. Because what we are doing is creating an according effect. You have great separation, great sepazafion, a little less separation then you get to this lot, and then it is smashed together. Approving the first variance puts an eleven foot separation between his house and the next house. A third of what the average is. If the Board allows the variance on the south side you aze creating 14 feet. You aze creating ttris according effect with a smashed in house every other Iot in that neighborhood. Every other house in that neighborhood has 23 plus feet. He suggested an R2 designarion for the lot, wluch is 8 feet on each side and centers the house on the lot. It is still smaller than everything else, but it allows for the same 24 foot house to be built and better fits the spacing chazacterisfics of the neighbarhood. Fou�th, this is probably the most important, the variance is not based priu�arily on the desire to increase the value or income potential of the parcel of land. Clearly this is meant to build a bigger, better, more expensive, and ergo a more profitable house. From the November 22, 2004 variance minutes, he quoted, "Mr. Nelson stated that he has trimmed the house down as far as he could maldng it a 24 foot house." Six months ago he was more than satisfied with a 24 foot • house. If he wanted it to be 28 feet he should tiave asked for it then. Perhaps tlus is the dream sight of the proposed owners and Mr. Nelson is just developing the site. Again quoting from the minutes of the hearing on November 22, 2004, "Ms. Morton questioned that Ms. White did not plan to live on the properry. Ms. White replied that they aze trying to sell the property and the need for the variance is holding up the sale of the property." NIr. Fuehrer contended that any saIe will result in a profit and a lazger house will equate to a larger profit and that is the primary motivation for this request for a second variance_ It is in clear disregard of the specificarions that need to be put forth to grant a variance. The property as it is currently zoned can be put to a reasonable use. There is not a unique plight that has been caused outside of anybody's control and precedent at 1135 McKnight Road South, if not other localities for ttris exact type of error fl�at required this same type of variance. ('nanting this second shot variance, he believes, will greatly alter the character of the neighbarhood. Finally there is no real morive for this second variance request except to secure greater profit. Each of these points direcfly contradicts the rafional required in order to approve a variance. Mr. Fuehrer requested that the Board deny this request. Rita Marie, 1558 Point Douglas Road South, stated that it is the house north of this property. Ms. Marie stated that she £eels the Boazd should take a good look at this situation here and perhaps move on it in a positive way. We aze not the only area where developers are encroaching on our land. Developers across the country are starting and have taken land that belongs to us. Because they re-survey the properiy and say this is the new survey and this belongs to us now. Even though all this properry that is being discussed here today is Torrens property. Ms Marie stated that they went to court about land similaz to ttris. We were told that torrens, is torrens, is torrens, you cannot win torrens property in an adverse position. At the same time a developer can come in and resurvey the land and take the torrens property. She would hope that the City would take a look at what developers aze actually doing and • reconsider how they vote on these situafions. AA-ADA-EEO Employer 05-�'f5 • File #OS-097941 Minutes May 23, 2005 Page Five Mr. Nelson stated that Phil hit preffy hard on the fact that I did this for more profit. Ae stated that he built two houses over on Mackubin last sununer and sold them both for $210,000 twenly-four feet wide with detached garages. He sold a house on Virginia, basically the same plan as this, a couple of feet wider for the same exact price. It does noI cost him anymore or any less to build a detached gazage or attached garage. Again Mr. Neslson stated he made an honest mistake, switching to the plan of the attached garage, trying to make it frt in with some of the new houses being built there. Thinldng futurisrically for the new home owner and creating more back yard space for the new owner. Bobbie White has nothing to do with this variance, she is the lady that he purchased the properry from, but is out of it now. The County Property Ta�c records are behind. Noting that he owns it, and will sell it to some home owner at some point. The distance between 1558 and 1560 Point Douglas Road is 17 feet, the distance between 1560 and the north side of this new house at 1556 is 13.5 feet. The distance between his south side and the neighbor on the south there is 15 feet. All very close, all he is requesting is what his neighbors already have. Hearing no further tesfimony, Ms. Maddox closed the public portion of the meeting. Mr. Galles stated that Phil did not go far enough back in his research into how the Board has handled these cases. He remembers a case, in his first tenure as a Boazdmember, he specifically remembers • where a developer came in and built a foundafion. It was a young man that was irying to purchase the house, and it dragged on and on, it was a matter of precedence and he is not sure when the Mclmight case happened perhaps in his absence. However, at that time there was a question as to the reputation of the developer and what precedence tt�at set. He is not sure if Mr. Hardwick remembers that case or not, but you had grave concerns and the guy had a reputarion. In a situation like this, he remembers this case from 6 months ago, Mr. Galles stated he would have voted for si�c feet on each side. Mr. Galles questioned Mr. Hardwick whether he is coxnfortable that this was an honest mistake? Mr. Hazdwick replied yes, there have been three or four cases where someone had already started construction and they have come up after the fact and applied for the variance. None of those cases actually set a precedent. From a staff stand point and from a Boazd stand point we look at every case individually based on its own merit. Some of those cases were at least to his view point, attempts to circumvent the code. The contractor lmew what they were doing and were trying to get away with something and it those cases staff will not support a variance request. Other than those cases there have been instances where it has been a legitimate mistake. Where staff has no reason to believe that someone was trying to circumvent the code. It is staffls opinion that this is a legitimate mistake. The original plan called for a detached garage in the rear yard, the only way to get to the rear yard was with a driveway. That was the reason for leaving 10 feet on the south side. Mr. Nelson came to the LIEP office with a plan and asked him if he could build an attached gazage. Mr. Hardwick stated, however, at that point he was not looldng at the setbacks, Mr. Nelson did not mention tk�at the setbacks had been changed. The discussion was, can I change from a detached garage to an attached garage. Mr. Hazdwick had replied sure. He went ahead and got the building permit, the Plan Review probably should have caught the fact that the building - pernut plans showed a six-foot setback on each side, they did not catch it. Mr. Nelson stated he did not catch it when he had his crew out there working on it. Mr. Hazdwick stated that it is his opinion that this is a legitimate mistake. This is not an attempt to circumvent the code, it is not an attempt to make more • money out of it, and that is why staff recommended approval. AA-ADA-EEO Employer 051oY5 File #OS-097941 Minutes May 23, 2005 Page Six Ms. Bogen stated that mistakes happen, and legitimate mistake or not, she still does not think that the Boazd has to give Mr. Nelson this addirional variance. Just because it was, an honest mistake does not mean he should not have some repercussions for having made the mistake. She stated she would be voting against this. Ms. Linden stated she is thivldng on the same line as Ms. Bogen. She quesrioned Mr. Hazdwick whether Bobbie White was the original person who had started this? Mr. Hazdwick replied that at that time Ms. White owned the land and he assumes, the sale of it was contingent on getting the variance to build on the property. Ms. Linden stated so at this time Mr. Nelson owns the property. Mr. Hardwick replied that is correct the County Tas Records are six-months to a yeaz behind in updating their records. Ms. Linden stated yes, she understands that someone made a mistake if it were, an honest mistake, but still it is going to the detriment of the neighbors. That is her thought. Mr. Wilson made a comment about the garage changing from a detached to an attached garage. (Could not hear comment on tape.) � Mr. Galles stated that the way he is looldng at this case is, mistake or no mistake, just because a mistake was made, he agrees that does not mean we have to give the guy the variance. He stated the way he looks at it is "would you have granted the six-foot variance on each side the first time?" Ms. Bogen stated this • is more than moving it over, he made a bigger house. Mr. Courtney stated he asked himself if he would have granted the variance on both sides the first time, and his answer is no. We had a million people come in here. They got their own little part of St. Paul. He comes in here and we give him the variance, because we have to give him a buildable lot. That is why I gave him a variance. Mr. Courhiey stated he did not lrnow, but he assumes that Mr. Nelson did make an honest mistake. His guess is that Mr. Nelson is in here enough. He can afford to teaz it down. He does not think that the neighborhood should suffer. He thinks Mr. Galles' question is a good one, "would I have given him both the variance on each side, the answer is no. So he is voting no." Ms. Bogen moved to deny the variance and resolution based on findings 1, 2, & 4. Ms. Morton voted to deny on findings 1,2,3, & 4. Ms. Linden voted to deny on findings 1,2, & 6. Ms. Bogen Voted to deny on findings 1,2,3, & 4. Mr. Wilson voted to deny on findings 1,2,3, & 6. Mr. Courtney voted to deny on findings 1-4. Mr. Galles voted against the denial. Ms. Maddox voted to deny the variance on findings 1,2,3, & 4. Mr. Courtney seconded the motion, which passed on a roll call vote of 6-1(Galles). Submitted by: Approved by: John Hazdwick Gloria Bogen, Secretary . AA-ADA-EEO Employer a5-��5 s • Dear Council members: We recently spoke with 12 property owners within 350 feet of our property. 8 people support granting us the variance. 1 is neutral. 3 are opposed. Attached is a color coded survey indicating these results. A petition for variance approval and a letter of support are also � attached. -' - � 05 -��5 � �',ytittf f�r 3566 Point �ou Ias Roa.d We are :r� favor o=: grant�ng a y;��;�� fr,r a-� f'�c:t �ic� �a=d set �a�k o:� t:�e S�i:th s:de aftl�e Iot t� Renevati�n, Ync,, f�r the con�t�ac�ion oi a single family home witn an attached front loa�' g�a�age on Paint D�ugtas Rc�a�. P .i�=. <. N% � y,r � _ L _ i � � �ln t � �1 --�-- - -- Address � • P� � r� q;� � � � �.e f�i�'� .L> �'�`., .__ �,� ��7"��=� � --�-=`-,.�_ f S �� /�� li fj C7'� s �,� `��s;v��_ �o�.�� 2� �_. �/� as�_ � 05 ��5 � June 27, 20fl5 Iohn Hazdwick i.ity o3 S[. PauI Office of LIEP ? Fourth Street East SuFt;, 20d St. Pau1, NiN 55101-1024 Re: 1566 Foint Douglas Road Variance request DE$T' JOIlI1� I cwn several iots surrounding the applicant's lot, and I am in favor of granting this variance. . Thay are putting t}te lot ta a reasonab3e use and are asking for what the aeighbors already have — homes on 40 foot wide lots that do not meet the current Highwaod zoning standards artd in some cases, the neighbars homes and garages do not meet the oid zoning standards. The agplioant is buiiding a home with an attaohed garage and t�at is what people desire in netiv homes today. Tkis new home can only add positives ta the existing neighborhoad. Sincerely, 3ay Cadwa der • �. � _ � _ � � � E" •.�' j..ss «s • ., � �. �� t�,T-�� l ` J I � / J 1 � �� ' � � � � ' N ^ / � � � _ t { i (/ 1 1 ,"� } � � - � ` � t�Y � � �j � ) „ � cC N � N � t � r'� 1 ! :o �� / � j � f � � � ,. � � 1 �, � � �� {� � ��r'-_��_ ( �' �� - '� � "' �� ' r� � �- r '�- 1 � a�,�, �'� ,� � � - � � 2 � i � � � � � � sr � 6 --�� p, O t j �� .� I � � �l � � h . r — ;� yA �'��-o J � � �- � a ' �r �. �' � ti. � J �� f � � � �v � � � � r � � 1 � I1 � � �� Iflf 'I lr�l � � � `�' 1 ' v- � , 1 / . ! 1 �j �,.� � 1 N � � � f � Q /� � � � � � � �� o �' � ! ! 1 / a�/ l � � a 1/ � � 0 1 .� { '�1 1� !I �/ � � l ll 1! � - � � � � ��i � fl �� ' N r � � ; � � � � < < � � r ,' � i _ s �, I� " tv � v � ry r . ' L _ _ —, �� ,� I , 1 ,� i N _ -- „ _ ..a. ,,� �/ — i 1 —{ \ � YN � ^ TOG _ � .� � � d � �� a � b � / . _ . � f" �� a �� 1 � t �� a 1 � � � � " 1 �- �' �� j � rn� �� "' � � � � � 1 . �� f'L�� 1/f�G. ��xE �� , �. m,� �,� � �` k �� ! n ' . N � � r - � � �tA��.i� �CA3� � � �� t�� . . • �wA Y _/ � . i. i '� �� • • � I! �y � ��,� � �. f� �e ' �� • • •. �] � - .S'l� ��R �A�t D�E� OP�E�/� �� I�iMF�JFMYR' Y/ liitM QS-by�' �-� � Dear Council members: The three property owners against granting the approval are all in violation of the current zoning standards and even the zoning standards prior to the "Highwood Plan" which was put in place around 1992. Please see attached surveys. 1) 1558 Point Douglas Road • a. 40 Foot wide lot b. Home has a north side yard set back of 4.6 Feet (Violation of current and old zoning standards) c. No driveway or parking (Violation of current and old zoning standards) 2) 1560 Point Douglas Road a. 40 Foot wide lot b. Garage is on rear 2nd north side yard property line (Violation of current and old zoning standards) c. Home has a south side yard set back of 5.3 feet (Violation of current zoning standards) 3) 1568 Point Douglas Road a. Garage is on south side yard property line (Violation of current and old zoning standards) b. Home has a north side yard set back of 8.8 feet (Violation of current zoning standards) L a � �i ►r :.. _. S1�VEf2 OAK D�Y�LflPhRENT , `, i . `� � . . `` � 1 ' j 1 =. � � ; � � €.. , \ \ �• � �`. \ \ i � s . � \ i � l �`. \ � F � � � '�. + '=5.� �s9�� F .. s � Y'_ ,.. , � ` � X \ � E `' KEN� 1.COR � � � �� •� i � i � � �� ./ � � �' � � �s �tJCEC _-9 ' i� vx � GAR�N� • �'�' �� i ��_NICOD 1 P\PE � �' �' \ � � , � E �� ? \ \ � \ \ � ` � i ` 1 � \ � �\ �� € �� i fiY "`k kc �. � ¢ R+ �` �_ � s� �� F i � \\ � \ s " � .� _�-� ? ��J NORTH � \ , 1 �� . t �", 6�� ' � ,.., i , =; � � � 1 '` , ;� 1 '_ \ � `: w , � � 4 6 j_ j ` `. \ � `�, \ , . �� l �� `� i 68.$$ PP � ��LINE � .� 1 � � � €� ' �,� �° . ` :� . ! i i t � .� 4 F ! � �n; P P i � � ,� ` HS D`� � \ 6t 5 kb ��\ i �` 63.0� � � � t y�5EC { � i _.��63 4 \ � Sca1e �"= 30' �a Deno#es Irc3ra #Aonurrien#_� Beor+rag �#um: Assamed d� �er}i�y lha� ihis plan, survey �r r�vrt svas prepDr�d by me ar an�er my t3'�rec# supsrvrion smsd iiani 3 am t� f3� iicensed ton8 Suru�ycx t�nr�er the �aws o# #he S#9te of iatinraesoia. By. Daied tflisidny flf 3DD4 Adinneso}a License .Nn ;� � 4 4 � �L, 4 � � �=` �` � Y �' � i�lo. t�2 �Dr�rg $Y RLI � �i_ �� J' �. �� LAtJD $LI�Y�'OR5 3iSID !.£�CI�aTOt�1.l+.v�. tsfl. �1i�Ci.� �11�I�w, MtA�lE607� ��rD�4-3b'� �Fi. f7G3J'i$b-�Sb t14i3Y13i L3/Lii/LL W ILLiA1ViJ LV NJ i K1Jt, i 1C31`7 ��Y �l l'�Si �� Y 3i l 31 i' �� 3i11' �31 i"li� f/ i' [3 i�iJ. . 5300 S. Hwy. No_ 101 Minnetonka, MN 55345 Phone (952) 4747964 Fax (952) 4748267 st�zv� � ��` SURVEYED: August,2i3�4 � Li��3 �LL 3 ��1 Y DiZAFi"�D: I�ugust i8, 2i�4 7F.CA7 ��giP7'IUIV: Lot 4? $Iock 7, $achman Addition, Ramsey f_ovnty, MinnesoYa. SCOPE OF WORK: ' 1. Showing The iengih and diracrion of boundary lines of the above Iega1 description T'be scope of our services does not include determining what you own, which is a legai matter. Please check the legal descnptinn w3th yaas retiuds or consult with cnmpetee�t legal co�3nse1, �f necessary, to make sure that it is correct, and that any matters of record, such as easemenu, that you wish shown on the survey, have been shown. 2. Showing Yhe location Df Pxisting improvcmenTS we deemerl imp ant 3. Sattina new manuments or verifying o]tl mon�nenis To mark Yl�e cflmnss of the property_ STANDARD SYMBOLS & CONVENTIONS: "�" Denotes 1/2" ID pipe with plastic piug fiearing State License Number 9233, set, unless otherwise nOte(j. � I hereby cerEify that this plan, specification, report or survey was prepazed by me or under my direct superoision and tbat 1 am a licensed Professional Engineer and PrafESSional Surv�yor undQr it� laws of the �tate of MinnQSOYa. , am �-I.1'ari�er i'.E. �z � �. 3+1�. �3233 GRAPHIC SCALE � • E � . �. � � � � � �--� :--� - {INFEES) < � � b � � � � � I �� o � D N � � � �, D� r�l � � � � T� 4 � � � p � � ' r t i S` � � VS � � ti -G K � \� � ` � � �Q � --13�.uc � m S Sfi'43'�8" � { °' x �— � _"__�� z �o i w� �� 0� p � �: �� a4o�� ' �3Y�ELLlNG ' � �� r�� _ ___ . � ` - �� .i..�`� � � z � � � 1 � j � � i �� ' � ' `� � � ,� � �. 1 _ �`�` � a „ 1 h / � ; p � � �` c "� � � r � � � � � 1 � ;o rn � / rv� ,� y - 7T ��1�� u� � � �' `' t — "� / f f ` /�/� Q ., r 1 � � — � �5' � � �n � — ' �� !I !! j 1 � —, �- s , �.. `� � � 6 �-- � t" � � 0 1 � 1 � � � 1 � � I �� v 1! v -/ �i (l ��/ wr�l u,. r � � � 1 s �� 'LD�YE�l1�E�.991NC� INC. �� ' ° � Q� / / .� �� l l � I « 1 � _ M '� �lI � J� (! 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