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05-649Council File # b, _� Resolution # Green Sheet ## ��a / 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 CITY Presented By Referred To RESOLUTION SAINT PA 1�L, MINNESOTA Committee: Date t� WHEREAS, Ken Johnson, in Zoning File 05-088-870, applied for a Nonconforming Use Permit to establish legal nonconforming use as a duplex at property located at 29 Douglas St. and legally described as WHITACRE BRISBINE AND MULLENS SUBDIVISION ETC. S'/2 OF LOT48, PIN 01-28-23-42-0027; and WHEREAS, the Zoning Committee of the Saint Paul Planning Commission conducted a public hearing on May 12, 2005, upon giving proper notice and in which all persons appearing were given an opportunity to be heard and, at the close of the hearing, voted to recommend denial of the Establishment of Nonconforming Use Permit; and WHEREAS, on May 20, 2005, the Saint Paul Planning Commission, based upon all the records and files before it and the recommendation of the Zoning Committee, moved to deny the Establishment of Nonconforming Use Permit based upon the following findings of fact as set forth in Planning Commission Resolution No.05-58: 2. The applicant purchased this property in 2002 as a duplex He now wishes to update the electrical service, and was informed when he applied for an electrical permit that he needed to obtain legal nonconforming use status. Section 62.109(a) of the zoning code provides that the Planning Commission may grant legal nonconforming use status to use ofstructures if the commission makes eight findings. The findings and the applicanYs abilityto meet them are as follows: (9) The use occurs entirely within an existing structure. This condition is met. The dupiex occurs within the ebsting structure. (2) The use or use of similar intensity permifted in fhe same clause of the zoning code orin a more restrictive zoning district has been existence continuously for a period of at least ten years prior to the date of the application. This condition is met. In 1987 the o�nner constructed a second story on the e�asting house and applied for a�ot area variance to convert the house to duplex use. The Board of Zoning Appeals denied the application, finding that the hardship was self-created. According to information from Xcel Energy, the gas meter for this house was split on June 3, 1989. This, and the letter submitted by the appiicant indicate that the pmperty has been used as a duplexfor more than ten years. (3) The off-street parking is adequate to serve the use. This condition is not met. Three off-street parking spaces are required for a duplex. At this time there are two off-street spaces in a paved area. (4) Hardship would result if the use wsre discontinued. This condition is met. The applicant has submitted letters from the tenants vJno have stated they wouid suffer hardship if the application is denied as weil as information indicating a loss of income if the application were denied. (5) Rezoning the property would result in "spoY' zoning or a zoning inappropriate to surrounding land uses. This condition is not met. The property (and all 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 44 45 46 47 48 49 50 51 52 53 54 55 Zoning File # 05-113-087 City Council Resolution page 2 3. �-t��t9 surrounding property) is zoned RT2, which permits dupiexes and is not spot zoning. The tot is substandard in size, and the eadier application for a variance of minimum lot size to establish a duplex on this property was denied in 1987. (6) The use will not be detrimentai to fhe existing character of development in the immediate neighborhood or endanger the public health, safety, orgeneral weliare. This condition is not met. The immediate neighborhood consists of single family and duplex homes, most of which are on lots that meet the minimum size. The lot size is inadequate under current zoning standards even for a singie family house. Approving two units would be detrimental to the general welfare of this area. (7) The use is consistent with the comprehensive plan. This condition is not met. The Housing and Land Use components ofthe comprehensive plan recommend allowing accessory units in large single family homes that are owner-occupied. This is a very smatl tot, and both units ate now rented. (8) A notarized petition of hw-thirds of the p�perly owners within one hundred (100) feet of the property has been submitted stating theirsupporf for the use. This condition is met. The petition was found sufficient on April 13, 2005: 13 parcels eligible; 9 parcels required; 9 parcels signed. The Planning Commission has established guidelines for appiications for nonconforming use permits for duplexes. These guidelines lay out additional mo2 objective factors the Planning Commission wishes to consider in determining if the required findings for granting nonconforming use perrnits listed in §62.109 of the Zoning Code can be made. The Planning Commission's Duplex Conversion Guidelines state that for applications for nonconforming use permits for duplexes in residential districts, staff will recommend denial unless the following guidelines are met: � Q C. a E. � Lot size of af leasf 5,000 sq. ft. wfh a frontage of 40 ft. This condition is not met. The size of the lot is 3049 sq. ft. However, the lot has adequate frontage of approximately 50 ft. on Forbes and 60 ft. on Douglas. Gross living area, after completion of the duplex conversion of at least 1, 800 sq. fr, forthe two units. This condition is met. According to the applicanYs drawing, one unit has approximately 1300 sq. ft. and the second has approximately 900 sq. ft. for a total of 2100 sq. ft. of gross living area Three off-street parking spaces (non-stacked) are preferred; two spaces are the required minimum. A site plan showing improved (durable, permanent, dustless surface) parking spaces must be provided. This condition is met. There are two parking spaces at the front of the buiiding. All remodeling work is on the inside of the stn�cture.... This condition is met. The work has been done previously, and it is entirely within the structure. The proposed duplex structure is located within a mixed density neighborhood, not a horrrogeneous single-family area or in an area where duplexes and triplexes are already concentrated to the point of congesting neighborhood streets. This condition is met. The surrounding neighborhood is mostiy single-family houses and duplexes. The streets do not appear congested. An economic feasibility analysis has been conducted forthose cases where economic hardship is claimed as one reason for the request. This condition is met. The applicant has submitted an economic feasibility analysis with his application (see finding1(4) above). WHEREAS, pursuant to the provisions of Saint Paul Legislative Code §61.702, Ken Johnson duly filed an appeal from the determination made by the Planning Commission in Zoning File 05-113-087 and requested a hearing before the City Council for the purpose of considering actions taken by the said Commission; and 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Zoning File # 05-113-087 City Council Resolution page 3 DS-(��q WHEREAS, acting pursuant to Saint Paul Legislative Code §61.702 and §61.704 and upon notice to affected parties, a public hearing was duly conducted by the City Council on July 6, 2005, where ail interested parties were given an opportunity to be heard; and WHEREAS, The Council, having heard the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Planning Commission does hereby RESOLVE, that the Council of the City of Saint Paul does hereby affirm the decision of the Planning Commission in this matter based upon the following findings of the Council: 1. The Councii finds no error in the facts, findings or procedures of the Planning Commission in this matter, and accordingly, adopts as its own the findings of the Planning Commission as contained in Planning Commission Resolution No. 05-58 in this matter. AND BE IT FURTHER RESOLVED, that the appeal of Ken Johnson be and is hereby denied; and be it FINALLY RESOLVED, that the City Clerk shall mail a copy of this Resolution to Ken Johnson, the Zoning Administrator and the Planning Commission. Benanav Bostrom Adopted by Council: Date Adoption Cer By' Approved by By: Requested by Department of: Planninq & Economic Develonment By �-� � Approved by Financial Sesvices By: Form Approved by City Attorney ,�, � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �„_ Departmentloffice/council: .I PE - Planning & Economic Development Conqct Person & Phone: ; Patricfa James ! 266-6639 on Council qgen (Date): !— �� V-+ ToWI # of Signature Pages � �� Date initiated: i 07-JUL-05 ' Green Sheet NO: 3027257 y Assign Number For Routing Order ueoartment se�ttiorerson 0 ',Plannine & Economic Devetoo i ,�lanoina & Economic Develoo ! Deoartment Director I 2 ilvAttoroev � �ww 3 avor's Otfice MavodAssistant 4 ouncil i 5 iCiN Clerk : Cirv Clerk I All Locations for Signature) Approve resolurion memorializing City Councff action denying Ken Johnson's appeal of the Planniug Commission's Denial of a Nonconfonniug Use Permit to establish legal nonconfornring status as a duplex at 29 Doug]as St. (Zoning File # OS-113-087). Public hearing held July 6, 2005: Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Pollowinq Questions: 1. Has this personffirm ever worked under a contract for this departmenY? Yes No 2. Has this person�rm ever been a city employee? Yes No 3. Does this person/firm possess a skiif `rot normally possessed by any curzent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): , Ken 7ohason applied for a Nonconfomvng Use Pemut to establish legal nonconforming duplex use at 29 Douglas St. Mr. JoLnson appealed the Planning Coxnxnission's denial of the application. Advantapes If Approved: ' City Council intent is finalized. � I " Disadvantages If Approved: None. DisadvanWges If Not Approved: City Council action will not be completed. otal Amount of Transaction: Fundinp Source: Fi nancial Information: (Explain) JUL 11 2005 �1�� ATTd�� /��,,..�� QC4'�Y. (°,-.nl�y V6Mi4es Cost/Revenue Budgeted: Activity Number: DEPARTM6NT OF PLANNING & ECONOMIC DEVELOPMENT Susan Kimberly, Director CITY OF SAINT PAUL Randy C. Kel[y, Mayar June 8, 2005 Ms. Mary Erickson City Council Research Office Room 310 City HaII Saint Paul, Minnesota 55102 Dear Ms. Erickson: 25 Wui FouRh Street Sairst Pau{ MN55102 � � � �� Telephorte: 65l-266-6700 Facstmile: 651-228-3220 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, July 6, 2005, for the following zoning case: Zoning File Number: 05-113-087 Appellant: Ken Johnson Address: 29 Douglas St., NW corner at Forbes Purpose: Appeal of Planning Commission denial of Nonconforming Use Permit to establish legaf nonconforming use status as a duplex (Zoning File Number 05-088-670) Previous Action: Zoning Committee Recommendation: Denial, 5- 0, May 12, 2005 Planning Commission Recommendation: Denial, unanimous, May 20, 2005 I have confirmed this day with Councilmember Thune's office. My understanding is that this public hearing request will appear on the agenda for the June 22, 2005, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger at least 10 days in advance of July 6, 2005. Please call me at 266-6639 if you have any questions. r �, , �Iy _ _ Patricia James City Planner cc: File #: OS-113-087 Appeliant: Ken Johnson Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson NOTICE OF POSLIC HEARII�IG 7'he Baint-Paul City Council wilI con- ducE a public hearing ou Wednesday, July 6, 2005 at 5:30 p:m. in the Crty Couaeil Cliambers, Third Floor City Hall,15 Weat xeltoggBoulevard to eonsiaer tt,e appeal of Kea Johnson to a decisionoft}ie Plsnn- ing Coni�on denying a Ntinoonfoaming Use Permit to establish_legalnonconform- ing nse status as a duples at 29 Douglas Strcet (northwest corner at Forbes Ave- nue)- Dated: June S, 2005 - MARY ERICKSON, Assistant City Council Secretary (June 13) - � 81: PAUL TEGAL LEDGER. 22098675 AA-ADA-EEO Employer DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Susan Kimberly, Director CITY OF SAINT PAUL Randy C. Keliy, Mayor June 8, 2005 Ms. Mary Erickson City Council Research Office Room 310 City Hail Saint Paul, Minnesota 55102 25 Wui Founh Street Saini Paul, MM SSIO2 � 05-��EQ Tetephone: 651-266-6700 Facszmile: 651-228-3220 Re: Zoning File #: 05-113-087 Appellant: Ken Johnson Address: 29 Dougias St., NW corner at Forbes Purpose: Appeal of Planning Commission denial of Nonconforming Use Permit to establish legal nonconforming use status as a duplex (Zoning File # 05- 088-670) City Council Hearing: July 6, 2005, 5:30 p.m., City Council Chambers � Staff Recommendation: District Council: Zoning Committee Recommendation: Support: Opposition: Planning Commission Recommendation: Deadline for Action: C � Staff Assigned: Attachments: cc: Zoning File #: 05-113-087 Appeliant: Ken Johnson City Council Members District Council: 9 Wendy Lane Larry Soderholm Allan Torstenson Peter Warner Denial Made no recommendation Denial, vote: 5 - 0 0 people spoke, 0 letters received 0 people spoke, 1 letter received Denial, vote: unanimous August 5, 2005 (extended from June 6, 2005) Patricia James, 266-6639� Planning Commission resolution Planning Commission minutes, May 20, 2005 Zoning Committee minutes, May 12, 2005 Correspondence received Staff Report packet AA-ADA-EEO Emptoyer <_,., r r PkUL �' AlIA , APPLI! Departme Zoning Si I400 Cety 25 West I Saint Pau (6i1) 266 APPLICANT PROPERTY LOCATION TYPE OF APPEAI: Application is hereby made for an appeal to the: � Board of Zoning Appeals �ity Council / � Planning Commission Under the provision of Chapter 61, Section Paragraph of the Zoning Code, to appeal a made e the p1--tl�� i tJ C-s �,��1 Al..l_ ( � C t- n�1 �/U-�� 7(� . 20�_. File Number: d J� �8 �j e Co Z/� (date of decision) GROUNDS FOR APPEAL: I -� ,, ♦ r Applicant's K:\fomss)appforappeal.wpd � / Explain why you feel there has been an error in any requirement, permit, decision or refusal made hy an administrative ofEicial, or an error in fact, procedure or finding made by the Boa d of Zoning Appeals or t e Planning Commiss' �� d-e ��'l�-ec r,�-- {�= o'� �-n�� , V � Z� � � /� ��i 3 �� ity Agent .� �- G Tav & Properiy Characteristic Informarion - Structure Description Page 1 of 2 os-t�'� 9' � ��Information from Ramsey County's Department of Property Records & Revenue RRInfo Tax & Propertv Recorded Contact Home T � Chazacteristic Document I T� Tax & Property Characteristic Information New Pro�erty Seazch Back to Seazch Results uick Info Pro�erty_Information Tas�ayer Name and Address Value Information Value Historv • Structure Description Sale Information Speciai Assessments Properiv Tax Pavment Information Properiy Tas Payment Historv Prooert�Tax Statemenf/Value Notice 2004 Properry Tas StatemenUValue Notice Payment Stubs > Siructure Description Property Identi&cation 01.28.23.41.0031 Number (PIl� Property Address 32 Douglas St St. Paul 55102-2302 Residential Property: Year Built 1880 # of Stories 2.00 Style Two Story Eaterior Wall Asbestos Totai Rooms 8 Total Family Rooms 0 Total Bedrooms 2 Full Baths 2 Half Baths 0 Attic Type Finished SQ Feet 1680 Foundation Size 840 Basement Area Finished Finished Rec Area Garage Type Area (sq.ft.) Parcel Size .16 Acres Parcel Width 51.00 Feet Parcel Depth 133.00 Feet Land Use Code 520 Minnesota State Form Land Use Description R- Two Family Dwelling, M1PR Platted Lot � htt p -//rrin f o .co.rawsey.mn.us/public%haracteristic/Pazcel.pasp?scrn=Dwelling&pin=01282... 5/�5/2005 Ta -& Properly Cliaras:teristic Information - Quick Info Page i of Z b5-�� ( �� Information from Ramsey County's Department of Properiy � Records & Revenue RRjnf° Ti s T� & Propert�' Reeorded Contact Home � Characteristic Document rr� TaY & Property Characteristic Information New Property Seazch Back to Search Results Quick Info Pro�eriy Information Tax�yer Name and Address Value Infomiation Value Historv Structure Desc�tion Sale Information Special Assessments Property Tax Payment Information Property Tas Pavment F3istorv Proper[v T� Statement/Value Notice 2004 Property Tas Statement/Value Notice Payment Stubs Minnesota State Form M1PR > Quick Information Go to E-Pav -�*� Property Identification 01.28.23.41.0031 Number (Pll� Property Address 32 Douglas St St. Paul 55102-2302 Properiy Recorded As Abstract Assessment Date Oi-02-2004 O1-02- 2005 Tag Payable Year 2005 2006 TotalEstimatedMarketValue $161,100 $184,300 Totai Taaable Market Va1ue $107,300 $132,700 Total Estimated Land Va1ue $39,300 $44,300 TotalEstimatedBnilding $121,800 $140,000 Value Total Property Tag+ Special $1,732 Assessments Property Class Description Res Non- Res Hstd hstd Year Built 1880 # of Stories 2.00 Fmished SQ Feet 1680 Fonadation Size 84Q Plat or Section / TownsIup / Samuel Leeche's Range Addition Legal Description Ex E 5o Ft Lot 9 Blk 3 Last Sate Date 06-01-200d Price $95,000 � �� http://rrinfo.cosamsey,mn.us/public%haracterisiic/Parcel.pasp?scrn=Quick&piu=0128234.._ 5/25/2005 OS b� 9 V � � �� c ��7�,,.., , i€. T� 'A, lJ _ J � i � -f 1 ax ni Yroperry t;harac;tenshc intormation - �tructure llescnphon �J �o�� Yage 1 of 2 �►t�� information from Ramsey County's Department of Property S Records & Revert�e �I�o TaY & Propertv Recorded Contact Tias H ome C.hara�rPri�+;,. n,.,,..�.._. .r_ Tax & Property Characteristic Information New Property Search Back to Search Results uick Info I'ro�eriy Information Taa�ayer Name and Address Value Infotmation Value Historv Structure Descriprion Sale Informarion Special Assessments ProDertv Tax Payment Infozmation Property Tax Papment Historv Pro�erty Ta�c Statement/Va1ue Notice 2004 Properry Tax Sfiatement/Value Notice Payment Stubs > Structure Description Property Identification 01.28.23.42.0027 Number (PIl� Property Address 29 Douglas St St Paut 55102-2301 Residenfial Property: Year Bnilt 1884 # of Stories 2.00 Style Two Story Eaterior WaII Aluminumlvinyl Total Rooms 10 Totai Family Rooms 1 Total Bedrooms 4 Full Baths 2 Half Baths 0 Attic Type Finished SQ Feet 2364 Foandation Size 1192 Basement Area Finished Finished Rec Area Garage Type Area (sq.ft.) Parcel Size .Q7 Acres Parcel Widtfi 49.00 Feet Parcel Depth 62.00 Feet Land Use Code 510 Minnesota State Form Land Use Description R- Single Family Dwelling, M1PR �Pla#ed Lot � � htt p ://rrinfo.co.ram sey_mnus/public/characteristic/Parcel.pasp?scrn=Dwelling&pin=01282.._ 5/25/2005 Ta�c & Properiy Cliaracteristic Information - Quick Info P elof2 O� �49 � ��I �I Information from Ramsey County's Department of Properry � Records & Revenue �� ?'ias T � & ��-� Recorded Contact Home Chazacteristic n��,,,,.o,,. Tr_ � � Ta�c & Property Characteristic Inforination � New Pro e�ny Seazch Back to Search Results Quick Info Pro e�riy Information Ta�ayer Name and Address Value Information Value Historv Structure DescriDtion Sale Information Special Assessments Properlv Tax Payment Information Properiy TaY Payment Historv Pm�erty Tas StatemenWalue Notice 2004 Properlv Tax Statement/Value Notice Pavment Stubs Minnesota State Form M1PR > Quick Information Go to E-Pav '�' ' Property Identification 01.28.23.42.0027 Number (PIl� Property Address 29 Douglas St St. Paul 55102-2301 Property Recorded As Abstract Assessment Date O1-02-2004 O1-02-2005 Tax Payable Year Totai Estimated Market Value Total Tasable Market Value Total Estimated Land Value Total Estimated Buiiding Vaiue Total Property Tax + Special Assessments 2005 2006 $194,500 $194,500 $139,400 $160,300 $26,300 $29,000 $168,200 $165,500 $1,810 Property Class Description Res Non- Res Non- hstd hstd Year Bnilt 1884 # of Stories 2.pp Finished SQ Feet 2364 Foundation Size 1192 Plat or Section / Township / Whitacre Brisbine & Range Mullens Su Legal Description S 1/2 Of Lot 48 Last Sale Date 11-25-2002 Price $280,000 http://rrinfo.co.ramsey.mn.us/public/characteristic/Pazcel.pasp?sorn=Quick&p'm=0128234... 5/25/2005 o5��t � Z� �� z� �� Z C � � .3 =-- � �7� � • • Tax � Property C;haracteristic intbrmation - Structure ll - o �� p Page 1 of 2 `J �C� � ( • ��Information from Ramsey Counry's Department of Properiy Records & Revenue RRInf° Ti s T� & Pro�ertv Recorded Contact _ HO$e —� ('.�tarac:fPricfir Tl,.,.,,....,.�. rr_ Tax & Property Characteris[ic Information New Proneriy Search Back to Search Results uick Info Property Informarion Ta�yer Name and Address Value Information Value Historv • Siructure Description Sale Information Special Assessments Pro�erty Tax Payment Information Properiv Tax Payment Historv Propertv Tax Statement/Va1ue Notice 2Q04 Properiy Tas Statement/Value Notice Payment Stubs > Siruciure I)escripYion Property Identification 01.28.23.41.0171 iL�u�a�' �'� �roperly A��r�ss 3&� S�iEk Ave Pd St. Paul 55192-2342 �esideg�ial Pregerky; �'eae $uift � 9f35 # of Stories 2.flf) Styte '£wo Story �xterior �Vt'aiY Brick 'TofaIRooms TO TQtaI Famiiy Ruums Q 7'etal �edroams 5 �'� �at�es 3 F�all��hs F# Atti�'f'y�e �'i$ic� SF� �eet 2552 �ouadatiFnt Size 1236 $asemeut Area �ffiishect �inis�e8 �ec �rea �arage 'i�e �ea �s�}.ft.} g�ree� Si�e .2�3 �c:r€s �areel Width $ 3.€36 ��eE �arcet �Jepth 2fi3�.flf� �'eet Land Use Code �20 Minnesota State Form �=aa� �Tse �3ese�ie� R- Twc� Fa�y Dwe�g M1PR �atte � � i i� ii i i . ii� � ii i w i � ' �.� .- �:i �' i i 'i �" � i i ii 3 3-'� t aY Xi Yroperty l;haractensuc intormahon - t jmck intb Page 1 of 2 05 ��Eq �YI�� Information from Ramsey Couaty's Department of Property • Records & Revenue ��o TaY & Propertv Recorded Contact T 1AS _ HOIlle Charar+cr:eti.. r�______._. �. Tas & Properry Characteristic Information I New Pro�erty Search Back to Seazch Results Quick Info Property Information Tamayer Name and Address Value Information Value Historv Stxucture Description Sale Information Special Assessments Ptoperiy Taac Payment Information Froperiy TaY Payment F� S[ON Property Tas Statemenf/Value Notice 2004 Properry Tas Statemenf/Value Notice Payment Stubs Minnesota State Forni M1PR > Quick Information Go to E-Pav S� Property Identification Ol .28.23.41.0171 Number (PIl� Property Address 384 Smith Ave N St. Paul 55102-2342 Property Recorded As Both Tonens and Abstract (Verify with Recorder's office) A.ssessment Date Ol-d2-2004 O1-02-2005 Tas Payable Year Total Estimated Market Valne Total Taxable Market Valne Total Estimated Land Valne Total Estimated Building Valne Total Property Tax + Special Assessments 2005 2006 $262,200 $280,200 $174,900 $209,600 $30,800 $231,400 $2,806 $51,300 $228,900 Property Class Res Non-hstd Res Non-hstd Descriptioa Year Built 1905 # of Stories 2.00 Finished SQ Feet 2552 Foundation Size 1276 Plat or Section / Samuel Leeche's Addition Township / Range Legal Description Vac Forbes Ave Accruing; W i01 Ft Of Lot 8 Blk 2 Last Sale Date 12-30-2004 Price $420,000 . a http:/lainfo.co.ramsey.mn us/ p ublic%h aracteristic/pazcel.pasp?scm�uick&pin=0228234.._ 5l25/2005 ax � Yroperty C:haracteristic intbrmation - Siructure Description Page 1 of 2 05 �r°tf q • ��Information from Ramsey County's Department of Property Records & Revenue ��o TaY & ProDeriv Recorded Contact Tias _ HOIIle ('}tararta.�:crt:r T____�_ _. .r i L J Tas & Property Characteristic Informaiion I New Propertv Search Back to Search Results ick Info Properry Information TaYtiayer Name and Address Value Information Value Historv Shucture Description Sale Information Special Assessments Property TaX Payment Information Properry Tax Payment Hi SCON Properiy Tax Statement/Value Notice 2004 Pro�erty TaY Statement/Value Notice Pavment Stubs > Struciure Description Property Identification 01.28.23.42.0070 Number (PII� Property Address 328 Harrison Ave St. Paui 55102-2709 Residential Property: Year Built 1874 # of Stories 2.00 Style Two Story Ezterior Wall Asbestos Total Rooms 10 Total Family Rooms 0 Total Bedrooms 4 Full Baths 2 �ia1f Baths 0 Attic Type Unfiuished Finished SQ Feet 1760 Foundation Size 880 Basement Area F`inished Finished Rec Area Garage Type Area (sq.ft.) Parcel Size .20 Acres Parcel Width �0.00 Feet Parcel Depth 95.00 Feet Land Use Code 520 Minnesota State Form Land Use Descripfion R- Two Family Dwelling, M1PR Platted Lot htt p :/lrrinfo.co.ramse y .mn. us/public%haracterisiic/Pazcel.pasp?scrn=Dwelling&pin=01282... 5/25/2005 a�c bt Yroperty (:haracteristic intbruiation - Property Info Page 1 of 2 O$-lo� � �� Information from Ramsey County's Depamnent of Property � Records & Revenue RRinfo Tias Home TaY & Properiy Characteristic Information I New Properry Seazch Back to Search Results uick Info Property Information Taa�ayer Name and Address Value Information Value Historv Stnxchue Description Sale Inforination Special Assessments ProQe .rty Ta�c Payment Information Pro e�rty T� Payment Historv Pro e Tas StatementlValue Notice 2004 Property Tax Statement/Value Notice Payment Stubs Minnesota State Form M1PR > Property Information Property Identification Number (PII� Property Address Recorded Contact 01.28.23.42.0070 328 Harrison Ave St_ Paul 55102-2709 Property Recorded As Property Map Yahoo Map to the Parcel Plat or Section / Wm R Marshall's Sub Township / gange Nel/4 B3 Legal Description Ex E 8o Ft The Fol Lots 1 And Lot 2 Roll Type Real Estate Parcel Size .20 Acres Parcei Width 70.00 Feet Parcel Depth 95.00 Feet Assessment Date Q1-02-2Q04 O1-02-2005 Tax Payable Year 2005 Property Class Res Non- Description hstd 2006 Res Non- hstd Municipality St Paul RTatershed Capital Region W/S School District Number 625 . � LJ http:/lrrinfo.co.ramsey,mn.us/public/characteristic/parcel.pasp?scrn=Prop&pin=p1282342... 5/25/2005 �� os-e�9 � � Ta � Property Characteristic Information - Structure Description 05 - t� �l 9 Page 1 of 2 �� Information from Ramsey County's Department of PF� � Records & Revenue � Ti s T� & Pro�ertv Recorded Contact H_ome —� �harar.tPrict;r n,.,,,....,._. ,r_ I Tax & Properiy Characteristic Information New Properiv Seazch Back to Search Results uick Info Pro�eriy Information Tax�ayer Name and Address Value Information Va(ue Hisforv Shucture Description Sale Information Special Assessments Pro e�rty Tax Payment Information Pro�erty Tas Pavment Historv Pro�eerty TaY Statement/Value Notice 2004 Pro�erry Tas Statement/Vatue Notice Payment Stubs > Structure Description Property Identification 01.28.23.42.0034 Number (PIi� Property Address 284 Forbes Ave St. Paul 55102-2338 Residential Property: Year Built 1874 # of Stories 2.00 Style Two Story Egterior Wall Frame Total Rooms 10 Total Family Rooms 0 Total Bedrooms 4 Full Baths 3 Half Baths 0 Attic Type Finished SQ Feet 2380 Fonndation Size 1190 Basement Area Finished Finished Rec Area Garage Type Area (sq.fk) Parcel Size .07 Acres Parcel Width 25.00 Feet Parcel Depth 123.00 Feet Land Use Code 530 Minaesota State Form Land Use Description R- Three FamiIy Dweltiug, M1PR Platted Lot • • http://rrinfo.cosamsey.mn.us/public/cl�atacteristic/Pazcel.pasp?scm=IIwelling&pin=01282... 5/25/20Q5 Ta' � property Characteristic Information - Quick Info Page 1 of 2 05-6y q � �� Information from Ramsey eounty`s Depariment of Property Records & Revenue I2RInfo u,,,.,o T 1DS r 1 �J • Tas & Property Chazacteristic Information New Pro�erty Seazch Back to Search Results Quick Info Properiv Information Tax�ayer Name and Address Value Information Value Historv Structure Description Sale Information S�ecial Assessments > Quick Information Property Identification Number (PI1� Property Address Total Estimated Building Value Total Properly Tax + Special Assessments Property Recorded As Both Tonens and Abstract (Verify with Recorder's office) Assessment Date O1-02-2004 O1-02-2005 Tag Payable Year Total Estimated Market Value Total Taxable Market Value Total Estimated Land Value ProperL Tax Payment Inforn�afion Propertv Ta7c Payment Historv Property Tas Statement/Value Notice 2004 ProDertYTax Statement/Value Notice Pavment Stubs Minnesota State Form M1PR Recorded Contact Document Us Go to E-Pav '��'- - 01.28.23.42.0034 284 Forbes Ave St. Paul 55102-2338 2005 $251,900 $141,800 $32,000 $219,900 $2,240 2006 $239,100 $173,900 $25,400 $213,700 Property Ciass Res Non-hstd Res Non-hstd Descripfion Year Bnilt 1874 # of Stories 2.00 Finished SQ Feet 2380 Foundation Size 1190 Plat or Section / Whitacre Brisbine & Mullens Ta�s`nship / Range Su Legal Description W i/2 Of Lot 53 Last Sale Date 04-01-1995 Price $69,589 http:l/rrinfo.co.ramsey.mn.us/public%haracteristic/Parcel.pasp?scrn=Quick&pin� 128234... 5l25/2005 os-�y 9 1, Z-. � 3� z - C� �� --� c�� a� � , • � • Ta�c & Property Characteristic Information - Quick Info Page 1 of 2 4�5 -� �l9 � ��Information from Ramsey County's Department of Properry Records & Revenue RRInfo T 1D5 Home • C J Taac & Property Characteristic Information New Property Seazch Back to Seazch Results Quick Info Propertv Information Taa�paver Name and Address > Quick Infotmation Recorded Contact Document Us Go to E-Pav g � �''�'� �� Property Identification 01.28.23.42.0036 Number (PIl� Property Address 288 Forbes Ave St. Paul 55102-2338 Property Recorded As Abstract Value Information Value Historv Structure DescriDtion Sale Information Svecial Assessments Property Tax Payment Information Propertv Tax Pavment F�'storv — Prone Tax Statement/Value Notice 2004 Proneriy TaY Statement/Value Notice Payment Stubs Minn esota State Form M1PR Assessment Date O1-02-2004 O1-02-2005 Tag Payable Year Total Estimated Market Value Total Taaable Market Value Total Estimated Land Value Total Estimated Building Value Total Property Tax + Special Assessments 2005 2006 $225,000 $247,500 $225,000 $247,500 $25,000 $60,000 $200,000 $187,500 $3,654 Property Class DescripHon Res Non- hstd Year Built 1879 # of Stories 2.00 Finished SQ Feet 3444 Foundation Size Res Non- hstd Plat or Section / Townslup / Whitacre Brisbine & Range Mullens Su Legal Description E 4o Ft Of Lot 55 Last Sale Date Price http://rrinfo.co.ramsey.mn.us/public/chazacteristic/Parcel.pasp?scrn=Quick&pin=0128234... 5/25l2005 T� & Properiy Cbaracteristic Information - Property Info os -�vy Page 1 of 2 �4�Y� Iuformation from Ramsey Cotmty's Department of Properiy � Records & Revenue �� Tins Ta� &�'I'o e�rtv Recorded Contact Home ('harar+ar.o-t;.. ,._ __ _ . __ Tax & Property Characteristic Information ', New Property Search Back to Seazch Results uick Info Properry Information Tas�ayer Name and Address Value Information Value Historv Structure Descri�tion Sale Information > Property Informafion Property Identification Number (PIl� Property Address 01.23.23.42.0036 288 Forbes Ave St. Paul 55102-2338 Property Recorded As Absh�act Property Map Yahoo Map to the Parcel Plat or Section / Whitacre Brisbine & Township / Range Mullens Su Legal Descriprion E 4o Ft Of Lot 55 Roll Type Rea1 Estate Parcel Size .11 Acres Parcel Width Parcel Depth Special Assessments Property T� Payment Information Property Tax Payment Hi•storv Pro e�rt�ax Statement/Value Notice 2004 ProDerty Tax Statement/Value Notice Payment Sfubs Minnesota State Form M1PR Assessment Date O1-02- O1-02- 2004 2005 Tag Payabte Year 2005 Property Ciass Description Res Non- hstd Municipality St. Paul 2006 Res Non- hstd Watershed Capital Region W/S School District Number 625 • • http://rrinfo.coramsey.mn.usfpnblic%baracteristic/Pazcel.pasp?scm=Prop&pin� 1282342... 5/25/2005 Cy5�1o519 ��, �C� �� ' �� - � . r /� U • • Tas & Property Characteristic Information - S�ucture Description b5-��p Page 1 of 2 ��'t��Information from Rawsey Coimty's Department of Properry � Records & Revenue RRInf° Ti s T� ��'opertt' Recorded Contact H ome � ['l,a,-�.�+P.;�,;,. ,.______ _ , r_ Tax & Property Chazacteastic Information ' New Properry Seazch Back to Seazch Results ick Info Property Information Ta�c�ayer Name and Address Value Information Value Historv Structure Description Sale Information Special Assessments Pro�erty Tax Pavment Information Property Tas Payment Historv Property Tas StatemenWalue Notice 2004 Pro�ertv Tas StatemenWalue Notice Payment Stubs > Structure Description Property Identification 01.2$.23.42.0022 Number (PIl� Properfy Address 283 Forbes Ave St. Paul 55102-2337 Residential Property: Year Bailt 1884 # of Stories 2.00 StyIe Two Story F.aterior WaII Frame Total Rooms 10 Total Family Rooms 0 Total Bedrooms 4 Fnll Baths 2 Half Baths 0 Attic Type Finished SQ Feet 1684 Foundation Size 856 Basement Area Finished Finished Rec Area Garage Type Area fsq•ft.) Parcel Size .07 Acres Parce! R'idth 24.00 Feet Parcel Depth 123.00 Feet Land Use Code 520 Minnesota State Form Land Use Description R- Two Family Dwelling, , MIPR Platted Lot • • http:1/rrinfo.co.ramsey_mn.us/publicicharac#cristic/Parcel.P�P��rn �elling&pin�1282._. 5/25/2005 `i'ax b'c Yroperly Characteristic Information - Quick Iafo > Quick Information . �YY�Information from Ramsey County's Department of Property Records & Revenue RRTnfo T 1D5 Home • • Tas & Property Characteristic Information New Propertv Searck Back to Search Results Quick Info P Information Taxnaver Name and Address Vaiue Information Value Historv Structure Descri�U'on Sale Information Special Assessments Pro �� erty TaY Pa ment Information Pro�erty Tas Payment Hi•storv Property Tax Statement/Va1ue Notice 2004 Pro�erty TaY Statement/Value Notice Payment Stubs Minuesota State Form M1PR Recorded Contact Go to E-Pav '� Property Identification 01.28.23.42.0022 Number (Pll� Property Address 283 Forbes Ave St. Paul 55102-2337 Property Recorded As Abstract Assessment Date d1-02-2004 O1-02-2005 Tax Payable Year Total Estimated Market Value Total Tagable Market Valne Total Estimated Land Vatue Totat Estimated Building Value Total Property Tag + Special Assessments Property Class Description Res Non- hstd 2005 2005 $154,700 $164,200 $101,800 $122,400 $31,800 $24,800 $I'22,900 $139,400 $1,602 Xear Buiit 1884 # of Stories 2.00 Finished SQ Feet 1684 Foundation Size 856 � (pyC� Page 1 of 2 Res Non- hstd Plat or Section / Township / Whitacre Brisbine & Range Mullens Su Legal Description Subj To Hwy The W 1/2 Of Lot 44 Last 5ale Date Oi-25-Z001 Price $50,000 � http://rrinfo.co.runsey.mn.us/publicicharacteristic/Parcel.pasp?scm=Quick&pin=0128234... 5/25/2005 os-�s�q � , ,�� c� �� _ � � ��-��-- � ,� �.-�.�- . ��.- � • • 05�,y9 city of saint paul � lanning commission resolution le number 05-58 date Mav 20. 2005 WHEREAS, Ken Johnson, File # OS-088-670, has applied for a Nonconforming Use Permit to establish legal nonconforming use as a duplex under the provisions of §62.109(a) of the Saint Paul Legislative Code, on property located at 29 Douglas St, Par�el Identification Number (PIN) 012823420027, legally described as WHITACRE BRISBINE AND MULLENS SUBDIVISION ETC. S'/Z OF LOT48; and WHEREAS, the Zoning Committee ofthe Planning Commission, on NY�y 12, 2005, held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of §64.300 of the Saint Paul Legislative Code; and WHEREAS, the Saint Paul Planning Commission, based on the eudence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: 1. The applicant purchased this property in 2002 as a dupiex He now wishes to update the eiectricai service, and was informed when he applied for an electrical permit that he needed to obtain legal nonconforming use status. 2. Section 62.109(a) of the zoning code provides that the Planning Commission may grant legal nonconforming use status to use ofstructures if the commission makes eight findings. The findings and the applicanYs ability to meet them are as follows: r (1) The use occurs entirely within an existing structure. This condition is met. The duplex occurs within the e�asting structure. (2) The use or use of simi(ar intensity permitted in fhe same clause of the zoning code or in a more restrictive zoning district has been exisfence continuously fora period of at least ten years prior to the date of the application. This condition is met. In 1987 the o�nner constructed a second story on the existing house and applied for a lot area variance to convert the house to duplex use. The Board of Zoning Appeals denied the application, finding that the hattiship was self-created. According to information from Xcel Energy, the gas meterfor this house was split on June 3, 1989. This, and the letter submitted by,the applicant indicate that the p�operty has been used as a duplex for more than ten years. (3) The off-street parking is adequate to serve the use. This condition is not met. Three off-street parking spaces are required for a duplex. At this time there are two off-street spaces in a paved area. (4) Hardship would result if the use were discontinued. This condition is met. The applicant has submitted letters from the tenants who have stated theywould suffer hardship if the appiication is denied as well as information indicating a loss of income if the application were denied. moved by Morton seconded by in favor Unanimous a�proval to deny �gainst 05 -�Sf9 Zoning File # OS-088-670 Planning Commission Resolution page 2 (5) Rezoning the property would result in °spoY' zoning or a zoning inappropriate to surrounding land uses. This condition is not met. The property (and ail surrounding property) is zoned RT2, which permits duplexes and is not spot mning. The lot is substandarcl in size, and the eariier application for a variance of minimum lot size to establish a duplex on this property was denied in 1987. • (6) The use will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safefy, orgeneral welfare. This condition is not met. The immediate neighborhood consists of singie family and duplex homes, most of which are on Iots that meet the minimum si�. The lot size is inadequate under current zoning standards even for a singie family house. Approving two units wouid be detrimentai to the general weifare of this area. (7) The use is consistent with the comprehensive plan. This condition is not met. The Housing and Land Use components of the comprehensive pian recommend allowing accessory units in large single family homes that are owner-occupied. This is a very smail lot, and both units are now rented. (8) A notarized petition of twn-thirds of the p�operfy owners within one hundred (100) feef of the proper(y has been submifted stating theirsupport forthe use. This condition is mef. ihe pefition was found sufficient on April 13, 2005: 13 parcels eligible; 9 parcels required; 9 parcels signed. 3. The Planning Commission has established guidelines for applications for nonconforming use permits for duplexes. These guidelines lay out additional more objective factors the Planning Commission wishes to consider in determining if the required findings for granting nonconforming use permits listed in §62.109 of the Zoning Code can be made. The Planning Commission's Duplex Conversion • Guide(ines sfate thaf for appiications for nonconforming use permifs for duplexes in residentiai districts, staff wili recommend deniai uniess the following guidelines are met: A. Lot size of at least 5,000 sq. ft. �ith a fmntage of 40 ft. This condition is not met. The size of the lot is 3049 sq. ft. However, the lot has adequate frontage of approximately 50 ft. on Forbes and 60 ft. on Douglas. 8. Gross living area, affer completion of fhe duplex conversion of at least 1, 800 sq. ft. forthe fwo unifs. This condition is met. According to the applicanYs drawing, one unit has approximately 1300 sq. ft. and the second has approximately 900 sq. ft. for a fotal of 2100 sq. R. of gross living area C. Three off-street parking spaces (non-stacked) are preferred; fwo spaces are fhe required minimum. A site plan showing improved (durable, permanent, dustless surface) parking spaces must be provided. This condition is met. There are two parking spaces at the front of the building. D. A!1 remodeling work is on the inside of the structure.... This condition is met. The work has been done previously, and it is entirely within the structure. E. The proposed duplex structure .is located within a mixed density neighborhood, not a homogeneous single-family area or in an area where duplexes and triplexes are already concentrated fo the point of congesfing neighborhood streefs. This condifion is met. The surrounding neighbortiood is mostly singie-family houses and duplexes. The streets do not appear congested. G. An economic feasibility analysis has been conducfed forthose cases where economic hardship is cfaimed as one reason forthe request. This condition is met. The applicant has submitted an economic feasibility analysis with his application (see finding1(4) above), NOW, THEREFORE, BE IT RESOLVED, by the Saint Paui Planning Commission, underthe authority of the Citys Legislative Code, that the application of Ken Johnson for a Nonconfortning Use Permit to establish legal nonconforming use as a duplex at 29 Douglas St. is hereby denied. • 05 �`l9 MINUTES OF THE ZONING COMMITTEE Thursday, May 12, 2005 - 3:30 p.m. • City Council Chambers, 3rd Floor City Hall and Court House 15 West Kellogg Boulevard PRESENT: STAFF: EXCUSED: Alton, Anfang, Johnson, Kramer, Mejia and Morton Patricia James, Carol Martineau, and Peter Warner Donnelly-Cohen, Faricy, Gordon, The meeting was chaired by Commissioner Morton. Ken Johnson- 05-088-670 - Nonconforming Use Permit to establish legal nonconforming use as a duplex. 29 Douglas St, NW corner at Forbes. Patricia James presented a revised staff report with a recommendation of denial for the establishment of legal nonconforming use. Patricia James also stated District 9 made no recommendation, and there were no letters in support, and 1 letter in opposition. Kenneth Johnson, applicant, stated he talked to the person who sent the letter in opposition pertaining to her concerns, and she stated she would retract the letter. At the question of Commissioner Alton, Mr. Johnson stated the financial information was submitted after the �taff report and is an accurate statement of the financial situation. � one spoke in support or opposition. The pubiic hearing was closed. Commissioner Kramer moved deniai of the Nonconforming Use Permit. The motion died for lack of a second. Commissioner Matthew J. Mejia moved denial of the Nonconforming Use Permit. Commissioner Richard Kramer seconded the motion. The motion passed by a vote of 5-0. Adopted Yeas - 5 Nays - 0 Abstained - 0 Drafted by: �%��u� Caroi Martineau Recording Secretary Submitted by: L.a� Patricia James Zoning Section Approved by: , Z�G�%a � `� Gladys Mo on Chair � • Sainf Paul Pianning Commission City Hail Conference Center 15 Keilogg Boulevard West Minutes of May 2�, 2005 u u 05-�Y 9 A meeting of the Planning Commission of the City of Saint Pau1 was held Friday, May 20 , 2005, at 8:30 a.m. in the Conference Center of City Aall. Commissioners Mmes. Donnelly-Cohen, Faricy, Lu, McCall, Morton, Porter, Present: and Trevino; and Messrs. Aligada, Alton, Anfang, Bellus, Dandrea, Goodlow, Johnson, Kramer, Mejia, and Scott. Commissioners Mmes. �` Zimmer Lonetti; and Messrs. *Coletta,*Gordon, and Kong, Absent: *Excused Also Present: Larry Soderhoim, Planning Administrator; Patricia James, Lucy Thompson, Donna Dnunmond, Allan Torstenson, Yang Zhang, Casey MacCallum (PED intem), Carol Peshman, and Mary Bruton, Department of Planning and Economic Development staff. Approval of minutes of May 6, 2005 I. MOTION: Cammissioner Kramer moved approval of the minutes of May 6, 2005. Commissioner ponnelly-Cohen seconded the motion. The motiort carried unanimously on a voice vote. Chair's Announcements I� MOTION: Commissioner Trevino moved approval of the resolution honaring Mary Bruton, who is retiring at the end of May. Mary Bruton eicpressed appreciation for the opportuniry to serve as Planning Cominission Secretary for the last five years. Ti�e motion carried unanimously on a vorce vote. Chair Johnson asked Commissioner ponnelly-Cohen to hold a special meeting this Tuesday of the Comprehensive Pianning Committee to discuss the CiH process. Chau 7ohnson announced the creation of a new Long Range Policy Committee and that Comuussioner BeIIus will serve as the committee chair. Planning Administrator's Announcements III Larry Soderholm welcomed the new Planning Commission Secretary, Kate Fleming. , 0�-��9 � Mr.Soderhoim reported on City Council business for May 18�`, and announced the Council agenda for the Wednesday, May 25`". Mr. Soderholm reported on the Adult Entertainment Zoning Study at the City Council, saying the Council made minor amendments extending the spacing between adult businesses &om 1,000 to 1,500 feet and reducing the threshold for adult businesses from 300 squaze feet of adult materials to 225 squaze feet. IV. Zoning Committee Commissioner Morton gave the Zoning Committee report. OLD BUSINESS #OS-088-870 Ken Johnson - Nonconforming Use Pernut to estabiish legal nonconfoizning use as a duplex. 29 Douglas St., NW corner at Forbes. (Patricia Tames, 651/266-6639) Commissioner Morton stated that District 9 made no recommendation. No one spoke in support. One letter received in opposirion. The public hearing was closed. The Zoning Committee recommends denial on a vote of 5-0. NLOTIO�T: Commissioner Morton moved the Zaning Committee's recommendation to deny the • nonconforming use. The motion carried unanimously on a voice vote. NEW BUSINESS #05-093-694 Victoria Pazk (FIILAI - Rezoning from B3 (General Business) and I3 (Reshicted Indush to TN3 {Ivn (Traditional Neighborhood with Master Plan). SE comer of W 7`� & Otto. (Lucy Thompson, 651/26�6578) - Couunissioner Morton stated District 9 recommends approval. One person spoke in support; and one letter was received in support. One letter was received in opposition. The public heazing was closed. The Zoning Committee recommends approval on a vofe of 5-0. MOTION: Commissioner Morton moved the Zoning Commiitee's recommendation to approve the reZOning. The motion caretied unanimously on a voice votz #OS-091-021 Boca Chica Pazkine Lot fFrias Ramilv Partnership� - Rezoning from RMl (Low Density Multiple Family Residenrial) to VP (vehiculaz pazking). 407 Livingston St. E., NW corner at Isabel. (Patricia .7ames, 651/266-6639) Commissioner Morton stated Dis�ict 3 did not comment. No one spoke in support. One letter was received in opposition. The Public hearing was ciosed. The Zoning Committee recommends approval with revised site plan on a vote of 5-0. t n ' J u XI. Adjournment Meeting adjourned at 9:50 a.m. Recorded � prepared by Kate Fleming, Planning Commission Secretary Planning and Economic Development Department, City of Saint Paul • Respectfully submitted, Larry o rholm Plann Administrator • PED�BrutonVVtinuces�may 20, 2005 Os-� yq' Approved 3 � (Date) � Sue McCall Secretary of the Planning Commission vs -t��q • ZONING COMMiTTEE STAFF REPORT FiLE # 05-088-670 1. APPLICANT: Ken Johnson HEARiNG DATE: May 12, 2005 2. TYPE OF APPLICATION Nonconforming Use Permit - Establishment 3. LOCATION: 29 Douglas 5t., NW corner at Forbes 4. PIN 8. LEGAL DESCRIPTION: 01-28-23-42-0027, WHITACRE BRISBINE AND MULLENS SUBDIVISION ETC. S'/� OF LOT48 F. HISTORYlDISCUSSION: In 1987 the Board of Zoning Appeais denied an application by a previous owner for a variance of minimum lot size to establish a duplex on this property. (File # 10156) • G. DISTRICT COUNCIL RECOMMENDATION: The District 9 Council had not commented at the time this staff report was prepared. 5. PLANNiNG DISTRICT: 9 6. ZONING CODE REFERENCE: §Sec. 62.109(a) PRESENT ZONING: RT2 7. STAFF REPORT DATE: May 4, 2005 REVISED Mav 12, 2005 BY: Patricia James 8. DATE RECEIVED: April 7, 2005 DEADLINE FOR COiVIMISSION ACTION: June 6, 2005 A. PURPOSE: Nonconforming Use Permit to establish legal nonconforming use as a duplex B. PARCEL SiZE: approximately 60 ft. (Douglas) x 50 ft. (Forbes) = 3049 sq. ft. C. EXISTING LAND USE: illegal duplex D. SURROUNDING LAND USE: Low density residential uses surround this property Commercial uses on Grand Avenue are to the north, separated from this neighborhood by a fence. E. ZONING CODE CITATION: §62.109(a) lists the conditions under which the Planning Commission may grant a permit to establish legal nonconforming use status. I. FINDINGS: 1. The applicant purchased this property in 2002 as a duplex. He now wishesto update the electrical service, and was informed when he applied for an electrica{ permit that he needed to obtain fegaf nonconforming use status. 2. Section 62.109(a) of the zoning code provides that the Planning Commission may grant legal nonconforming use status to use of structures if the commission makes eight findings. The findings and the applicanYs ability to meet them are as follows: (1) The use occurs entirely withrn an existing structure. This condition is met. The duplex occurs within the existing structure. (2) The use or use of similar intensity permifted in the same clause of the zoning code or in a more restrictive zoning distiict has been exisfence continuously for a period of at least ten years prior to the date of the application. This condition is met. In 1987 the owner constructed a second story on the existing house and applied for a fot area variance to convert the house to duplex use. The Board of Zoning Appeais denied the appiication, finding that the hardship was seif- created. According to information from Xcel Energy, the gas meter for this house was split on June 3, 1989. This, and the letter submitted by the applicant indicate that the property has been used as a duplex for more than ten years. (3) The off-street parking is adequate to serve fhe use. This condition is not met. Three off-street parking spaces are required for a duplex. At this time there are two off-street spaces in a paved area. • (4) Hardship would result if the use were discontinued. This condition is met. The applicant has submitted letters from the tenants who have stated they wouid suffer hardship if the appiication is denied as weli as information indicating a loss of income if the application were denied. 05-10�/9 Zoning File # 05-088-670 Zoning Committee Staff Report page 2 . (5) Rezoning the property woufd resulf in "spof" zoning or a zoning inappropriate fo surrounding land uses. This condition is not met. The property (and all surrounding property) is zoned RT2, which permits duplexes and is not spot zoning. The lot is substandard in size, and the earlier application for a variance of minimum Iot size to establish a duplex on this property was denied in 1987. (6) The use will not be detrimental to the existing characfer of developmenf in the immediate neighborhood or endanger the puklic health, safety, or general welfare. This condition is not met. The immediate neighborhood consists of single family and duplex homes, most of which are on lots that meet the minimum size. The lot size is inadequate under current zoning standards even for a single family house. Approving two units would be detrimental to the general weifare of this area. (7) The use is consistent wifh fhe comp�ehensive pfan. This condition is not met. The Housing and Land Use components of the comprehensive plan recommend allowing accessory units in large single family homes that are owner-occupied. This is a very small tot, and both units are now rented. (8) A notarized petifion of two-thirds of the property owners within one hundred (100) feet of the property has been submitted stafing their supporf for fhe use. This condition is met. The petition was found su�cient on April 13, 2005: 13 parcels eligible; 9 parcels required; 9 parcels signed. 3. The Planning Commission has established guidelines for applications for nonconforming use permits for duplexes. These guidelines lay out additional more objective factors the Pianning Commission wishes to consider in determining if the required findings for granYing nonconforming use permits listed in §62.109 of the Zoning Code can be made. The Planning Commission's Duplex Conversion Guidelines state that for applications for nonconforming use permits for duplexes in residential districts, staff will recommend denial unless the foliowirtg guidelines are met: A. Lof size of af least 5,000 sq. ft. wifh a fronfage of 40 ft. This condition is not met. The size of the lot is 3049 sq. ft. However, the lot has adequate frontage of approximately 50 ft. on Forbes and 60 ft. on Douglas. B. Gross living area, affer complefion of the duplex conversion of at least 1,800 sq. ft. for the two units. This condition is met. According to the applicanYs drawing, one unit has approximately 1300 sq. ft. and the second has approximately 900 sq. ft. for a total of 2100 sq. ft. of gross living area C. Three off-street parking spaces (non-sfacked) are pieferred; fwo spaces are the iequired minimum. A site plan showing improved (durable, permanenf, dustless surface) parking spaces musf be provided. This condition is met. There are two parking spaces at the front of the building. D. All remodeling work is on the inside of the sfructure.... This condition is met. The work has been done previously, and it is entirely within the structure. E. The proposed duplex sfructure is locafed within a mixed densify neighborhood, not a homogeneous single-family area or in an area where duplexes and friplexes are already concentrated to fhe point of congesting neighborhood streefs. This condition is met. The surrounding neighborhood is mostly singie-family houses and duplexes. The streets do �ot appear congested. G. An economic feasibility ana(ysis has 6een conducfed for those cases where economic hardship is claimed as one reason for the request. This condition is met. The applicant has submitted an economic feasibility analysis with his application (see finding1(4) above). STAFF RECOMMENDATION: Based on findings 2(3), 2(5), 2(6), 2(7), and 3A staff recommends denial of• the Nonconforming Use Permit to establish legal nonconforming use as a dupiex at 29 Douglas St. NONCONFORMING USE PERMIT APPLICATION � DepaRment of Planning and Economic DevelopmentR �� L Zonzng Section e.�, I400 City Hall Annex p� • �; '��1iYa 25 West Fourth Street �'�'�' Saint PauZ, MN 55102-I634 (65I) 266-6589 APPLICANT PROPERTY LOCATION Address / Location additional sheet if > TYPE OP PERMIT: Application is hereby made for a Nonconforming Use Permit under provisions of Chapter 62, _ Section 102, Subsection i, Paragraph of the Zoning Cpde. permit is for: �Change from one nonconforming use to another (para. 3 in Zoning Code) ❑ Re-estabiishment of a no�conforming use vacant for more than one year (para. 5) � Legal establishment of a nonconforming use in existence at least 10 year (para. 1) ❑ Enlargement of a nonconforming use (para. 4) SUPPORTING INFORMATION: Supply the information CHANGE IN USE: Present / Past OR RE-ESTABLISHMENT: Proposed Use is applicable to your type of permit. Additional infor tion for all appli ations ttach additio I s ts if �� U� �.N� �...Q�- �t� �11�Tl��C _ � � ��.C�ir-Y� � as required: �Site Plan �`Sonsent Petition �� ! ,, , / `� s � � / ��'�'f � ,. � i t i`� ( / �ii � � Il�l Affidavit � � � ApplicanYs Sign�� . l D City � � -- � � --- �N Gl S GC�. 05-��9 f� � ��lr�� ,� 3 ZOD � � � � 05-�'� 9 l 3 Q f __ � � �� /� �� . ,. . � � '�, � .� �'�— � ��a�.-- ��_ ��—�. �� r�n�� I ,�/ � f E� f � �� [ I ' r � ! � i ��i/ �� i � � !G � � � I I �-=- - - - - - . . �� _� • -- � �� , ,r ��- � , . / � s7i � i /' _ ♦ � i • �-fi-R �S� � �--=E-�P� •. - - � � � �� f �� :. �.�� - �� oo� � �� . � � /� t , � Fn oN� 1'0 2C� f'l I t 5 .�o' � �► - .-/ . r� �� FEB-a2-2005 14�37 CITY �F ST. PRUL-LIEP P.92 os-��f9 C� OF SAINT �'AiIL AFFIDAV'IT OF PETiTZQNER �QR A NONCONFORMING USE PEI2MTT OTt SPECIAL CQNDTTI�N US� PERMIT STATE OF MIlVNE30TA.} courrr� oF x�s��r 1 :SS .. � The getirioner, .�� L'��_, being first duly swom, deposes and states xhat the consent petitioner is informed and be}ieves the parties tteseribed on the eonsent petion are owners of the pareels of real estate descibed immediate;y before eaeit name; each of the parties described on the consent petion is an owner of groperty within 140 feet of the subject property described in the petition; th8 conseat petition eontains signatures of ownets af at least two-thirds (2/3) of s[I eligible pCpperties within 100 feet of the subjeet properCy described in the petitian and the consent pefilion was sigaed by each said awner and the signatures aze the uue and correct signahues af each and all of the parties so described. .� ,. �� ` 1 � , �G � S� � Su6s ribed and ��day of � LO bEfpCE [riE� �� E �� NOTARYPU6LIC • MII�ES�TA , / MY CONH�AISSION @7CPlRES JAN.3t, 201 Q i 10-0t • CITY OF SAINT PAUL � c6-by9 CONSENT OF ADJOINING PROPERTY OWNERS FOR A NONCONFORMING USE PERMIT We, the undersigned, owners of property �vithin 100 fee[ of the subject property, acknowledge that we have been presented with the following: A copy of the applicatio (name of applican[) to estab located requiring a nonconiorming use perrni[, alono wiCh any relevant site pians, diagrams, oro�ner documentaton. �Ve consent to the approval of this applicafion as if �vas explained to us by fhe applicant or his/her represenfative. - ADDRESS OR P[N I � � �^ �� RECORII TURE DATE ��_�� il �1�11.� Z ��" � -Z0� �-�G�" �/ � Z a�� z- Z�� 1 . > � � ' -; — s � �yi � i `t n � (Y! � ' .�n, ��s 5�,-� H � rs. � L r,.,, �� C��%�' f r ��z�cs -zoa� � Z� � �, { - 24G� . �Zd�� = �� t.�-��1� z-3 - � io oi r .�� n�„ oS-�� 9 CITY QF SAINT PAUL C�NSENT OF ADJOINING PROPERTY OWNERS FOR A • NONCONFORMING USE PERMIT . We, the undersigned, owners of property within 100 feet f the subject property, acknowledge that we have been presented with the followin�; � n� � � p A copy of the application of of to estab&sh a use) located u � �address of prope*ty} ` requiringanonconforming use permit, angwi[hanyrelevantsiteplans,diaa ams,orotherdocumentation. We consent to the approval of ttiis application as it was explained to us by the applicant or his/hec representative. �c • • , � �, tacs.� y q CITY OF SA:INT PAUL • AFFIDAVIT OF PETITIONER FOR A NONCONFORiI�lING USE PERMIT OR SPECIAI, CON'DI'I'ION USE PERNIIT STATE OF VI tI�NSSQTA) COiNTY OF RSiI�ISEY ) :SS The petitioner, � t � � being first duly cworn, deposes ar.d states that ti-ie consent petitioner is informed and believes the parties described on the consent petion are oa✓ners of the parcels of real estate descibed immediately before each name; each of the parties described on the consent petion is an owner of property wi[hin 100 feet of the subject property described in the petition; the consent petition contains 'sie atures of awners of at least two-thirds (2/3) of all eligible properties within 100 feet of the subject property described in the petition and the consent petition was signed by each said owner and the signatures are the true and correct signatures of each and all of the parties so described. • ,. �� Subs ribed and worn t efore me t� day of , 2p � // , �':j: ..��/� • � s�_ AME �� f �v�t6��, �� 5� .S`s� ADDRESS � �� -aa.s-y�s� TELEPH E EOWPRD DONPL6 lAYERS , NOTARY Pt1�IC • MWP€SOTA 4flY CQANMISSION EXAtRES JAN.31, 201 0 to-o t � � =� .� -� � � ��i .D � a �� _� � � � 3-�-�� -�s�q ' �" � ' . ` � , ', � o �U��. � �l� crn.c:e2r� _ � ��`�- � �,�a �� r��0.,� �.�:�c�5�:� � �� .e� � ;�� -�� ,:��,.� � , v�o-� e C��.�,se . T c�,.l� c,�O€Z.� � ht�s -�. ��_�� , �,t��'1.EC.4� c�r�� Ct`,�, �S� �� c,'�' +f� . �v�w..C.cL� c�.� � tf Gt-�� eo-� �'l'�-L 1 � rv�a�, c��;.se � . : � �„«,-,,�.� ��s�-,r�w.:�� . �,e�os`�-E-,�Z c��.� � �k- m� �e b�_c � �a a0 c�0.� s ov2. So,� � t:.�e-w�,c\ _ ��, �ti7. K� a. . �2.v..c� � ��o�� -o �.e t� �.�� C�- acasi � 5J`= ta-sE= -�� -l� -�R�� -� ��1� , �!l� �d5 ��ba�l wa.�-�� 1n�.�-e �o ��<�c� ��a�l�, ��=5`�;,, �on�s t.v�W� a 4 �ec��.�is� �� , 5 1�e. r,�a w�c� n� eci �o �� ,�.S�d �. a�� ,�, ��,:<<� �o�t1�1 , J � ��. . f�a� �`� Ces� p� . �-�:.�S-�c�P.�. .. �.C� �.� ,`� i�5 �e�t� . �t, o _ . �.W�, �,�oo�. �b� ,��,�1ti. :avte .. 2 c��J �,��e� Se �.Y LU��.�a� �S g��- �5 _�� a,s �2.�cet�,�� s� J �w„c� rz� Y��,`�� os� ��.w� _. . `�;�.'� . .` �u�-?� � ��.5. C"ee� _ . ��2.e � f ..__ -. _ . � - i __,_ - � , C.cc,L�_ �� _ � �q �� w5 _ _� � � �� _ �,l , ��,< �s_ib�-- _ { - - - - -- . ._ .. � ��r_r�_ . � ��d,� �.��; L-�v�. -t�Y9 � �------ V/ �/ t '12G�l�J.(��' `/ � _ ----�-_ _ �� t�� d d �v � _ � __' ��,�� !_�� '_ _ _ G�� - ° ��'2��f � � -_ � d5-�o4�j • February 1, 2005 To the city of St. Paul Planning Commission, I Glen Breezee who resides at 277 Aarrison Ave St Paul MN 55102 have been a long time neighbor of Ken Johnson and have lived in this neighborhood 10+ years. I have always noticed the building at 29 Douglas Street St. Paul MN 55102 to have been a duplex even before Ken had owned it. Located on the building (south side) there are two gas meters which in most cases there aze only two gas meters on duplexes. Throughout the 10 + years I have lived here there has always been two completely separate families living there. To my best knollage I believe this property to always have had been a � duplex and should continue to be � Thank You, a5-lo�f� � Xce�EnergysM March 13. 2004 CK PROPERTIES ATTN KENNETHJQHNSON 309 HARRISON AVE ST PAUL MN 55102 Account Number: n/a Service Address: 29 Douglas St #1 &#2, St. Paul, MN � Dear Mr. Johnson: 1414 West Hamilton Avenue . P.Q. Box 8 Eau Ciaire, WI 54702-0008 This letter is being sent to confirm the meter numbers for each of the gas meters located at 29 Dougias St in St. Paul, MN. 29 Douglas St #1: 0000567844 29 Douglas St #2: 0000399449 If you have any further questions, or need additional information, please feel free to contact our Customer Information Center at 1-800-895-4999. Sincerely, Xcei Energy Customer Contact Center • • `t l�u��- o �� uc,cit �= � i,�- c� —� —� � O SUMMARY INFORMA710N SHEET FOR DUPLEX AND TRIPLEX COVERSION CASES �'� �I � �� " � �c ��- � - a a � ��,�s l�NNETHt3JQMNSON ewnomic harclship pro fortna.zis 309 W►RRI�QN ST. PqUI, MN �8102 rewsed �r�e�os os-�Y9 � � ZoningFile # OS-Ogg_g�� Site at Douglas and Forbes OS-ta y q � � Rear of site Zoning File # OS-088-870 � DS-1o�F 9 � ❑ y � � � p88'$�� Zo # p5 � OS-�4 9 � � To west on Forbes Zoning File # OS-088-870 �� L� _��«_ _ -�. ?;'�' `.FA . as-�vq i • North of site on Douglas Zoning File # OS-088-870 • ds-�yq i i I � � ; '.. I m CITIZEN PARTICIPATFO pI5 RICTS � 1.SUNRAY=6ATTl.ECREEKuHI6HWOQD 2.GREATER EAST SIITE 3.WEST SIQE _4.�AYTON'S BLtJFF S:PAYNE-?HALEN. -_ 6.NORTN EN�D - � 7.THOMAS=DAL� +� UMi�IT-UNIVERSITY lEST SEVENTH -,o.�o�o 11.HAMLINE-MIDWAY 12_ ST. AN7HO�kY I3.ht�RRIAM PK.-LEXI�kGTON HAMLINE 14..GROVELAND�MACRLESTER i5.HIGHLANd 96.SUMMIT HILL 17,QOWNTOWN F � os'�� • � CI�IZEN PARTICIPATION PLAMNING �ISTRICTS a5-�y9 � • DISTRFCT 9 �N � ,� w � � h_._> " j �.. , � � i ...:+ � � � � s � �� - �- ._ .,__�__ _�..� _-� �� _...�.. -�`:; _ _. � � s� . � 4 1 , , _� 1 ! �-.. � � :�v��yi � �"'�'�PP'4S(1W �� . � ' j � �� ` � � t . , �� ( ��l� , � £� � = 1 E ! �i = ! ; � �� ; � ; , —£�3— � j ; � � � i �-- t-----t ; � [ ' '��I = p � �'} � �( {� I - 3 � f � S°"� i � } � ` t � � d � ��rr !� � - � �� - - ��f:�,��i tJ ; r,� � 8-- � i I ? 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