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06-291Council File # �� Resolution # � OF Presented By Referred To Green Sheet PAUL, MINNESOTA �3 Committee: Date 1 WFIEREAS, In a letter dated November 8, 2005 and submitted on behalf of JPI Development Services, L.P. 2 (Hereinafter, "JPP'), Eric H. Galatz, Esq. requested the Zoning Administrator to review a proposal to 3 construct what JPI described as a"Student-Oriented Housing Development" at property commonly known as 4 2669 Territorial Road; and WI3EREAS, "5tudent - Oriented Housing" is not a use that is defined or otherwise mentioned in the City's zoning code; and 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 WHEREAS, I.egislative Code § 61.106 provides a method for determining whether a use not listed in the zoning code, as is the case with "student oriented housing" may or may not be substantially similaz in character and impact to a use that is listed, and thereby subject to regulations and standards specified in the zoning code; and WHEREAS, L.egislative Code § 61106 also provides that the Zoning Administrator shall issue a statement regarding its "siznilaz use" deternunation which shall include the Administrator's findings supporting its detemrination whether the subject use is or is not substantially similaz in character and impact to a use that is listed and regulated under the zoning code; and WHEREAS, In the November 8, 2005 letter, a copy of which is attached hereto and incorporated herein by reference as Exhibit No. 1, the Zoning Administrator was requested to determine whether its proposed "student oriented housing development" was a"multi-family dwelling" and whether each set of rooms within the proposed development constituted an "apartmenY' as well as a"dweiling uniY' under the applicable sections of the zoning code; and WHEREAS, in a letter dated November 29, 2005, a copy of wkrich is attached hereto and incorporated herein by reference as Exhibit No. 2, the Zoning Administrator determined that the proposed "student oriented housing developmenY' met the definition of a"rooming house" which is a use specifically listed in the zoning code under I.eg. Code § 65.171; and WHEREAS, pursuant to L,eg. Code § 61.701(d), Mr. Lance Hanna, on behalf of JPI Development, duly filed an appeal from the Zoning Administrator's determinaUOn on or about December 1, 2005, whereupon the matter was set on for a public hearing before the Board of Zoning Appeals (hereinafter, the `BZA"); and WHEREAS, on December 19, 2005, having provided notice to all interested parties, a public hearing was held before the BZA where all interested parties were given an opportunity to be heard; and WHEREAS, at the close of the public hearing and based upon the file, the public hearing testimony and the report of staff, the BZA, on a 4-3 vote, held that the Zoning Administrator's deternunation that JPPs proposed student oriented housing development met the zoning code's definition of a"rooming house" was in error as the proposed use was more similar to a"multi-family apartment building" and whereupon the BZA directed staff to prepare a resolution consistent with this determination for the reasons discussed at the hearing; and � �� ��,,. WI�REAS, on January 3, 2006, the BZA received the resolution prepared by staff and, in its Resolutio� ��� No. OS-207033, the BZA duly memorialized its reasons for finding that the Zoning Administrator's November 8, 2005 similaz use determination was in enor based upon the following: l. The appellant is proposing to construct a residential development consisting of seven multi- unit buildings of student-oriented housing and requested that the Zoning Administrator deternrine that the use is similar to standazd multi-fanuly apartment buildings. The appellant alleges that the student oriented housing is a multi-fanuly dwelling within the meaning of the code because each suite of rooms is an independent unit with sleeping, cooking, and sanitation facilities for use by a group of individuals that meet the definition of a family. The appellant further alleges that the proposal is not a rooming house because the premises that aze covered by each lease include possessory interests in ldtchen facilities that aze available exclusively for the use of the family that occupies a suite of rooms that include sleeping, cooking, and sanitation facilities. 2. The Zoning Administrator, after reviewing the information supplied by the appellant, deternuned that the proposed use meets the definition of a rooming house, which is a use that is specifically listed in the zoning code. 3. The City's definition of a rooming house was changed in 1992, following a 40-Acre Study, in order to clarify the Code and make it consistent with State and Federal standards. The proposed housing has characteristics of both a dwelling unit and a rooming house. The appellant states that this housing project has been tailored for student housing, with the units and leasing program designed to facilitate apartrnent sharing by college students. 4. The appellant states that this proposal is similar to recent student housing developments in Minneapolis and that they were treated as multi-family dwelling urrits, although he also acknowledges that Minneapolis does not have a specific use definition for this type of housing. If this type of student housing is to become a growing trend in college towns, then it is incumbent upon those towns to develop a specific definition and standards for this type of project. Until such time as specific regulations aze developed for this type of housing, it appears that the proposed housing falls within the definition of a multi-family apartment building. WHEREAS, on January 13, 2006, the Saint Anthony Park Community Council, pursuant to I.eg. Code § 61.702(a), duly filed an appeal from the BZA's decision and, pursuant to Leg. Code § 61.702(b), the matter was set for a public hearing on February l, 2006, before the Saint Paul City Council; and WHEREAS, on February 1, 2006, the matter was laid over to February 15, 2006; and WHEREAS, on February 15, 2006, the Saint Paul City Council, having given notice to all interested parties, duly conducted a public hearing on the appeal by the Saint Anthony Pazk Community Council where all interested parties were given an opportunity to be heard; and WHEREAS, the City Council, having heazd the statements made and having considered the administrative detercninations of the Zoning Administrator, the report of staff, the record, minutes and the resolution of the BZA; DOES HEREBY RESOLVE, that the City Council, pursuant to its authority under I.eg. Code § 61.704 to reverse or affirm, wholly or partly, or to modify the deternunations of the BZA and to make such orders, requirements, A �,� �. o � Page 2 of 5 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 decisions or detemunations that can be made under the circumstances, finds that both the Zoning b�p' �,9I Administrator as well as the BZA ened in their respective deternunations regazding the proposed development by JPI based upon the following reasons: i. The record is cleaz that the use proposed by JPI has attributes of a"rooming house," as that use is defined under I.eg. Code § 65171 and noted in the Zoning Administrator's November 29, 2005 findings, as well as a multiple-family dwelling, as that use is defined under I.eg. Code § 65.116 and noted in the findings of the BZA's resolution adopted on January 3, 2006. 2. The similarities in uses noted above notwithstanding, the proposed use is intended for residential occupancy, in housekeeping units designed within the meaning of a"family" as that term is defined under the zoning code. 3. The housekeeping units in the proposed development are intended to be marketed to individual persons who may primarily be post secondary students although there is no prolubition against leasing the units to persons who aze not students. 4. The leased unit is, primarily, an individual sepazate bedroom and bathroom arrangement within a four-bedroom suite or an individual separate bedroom and shared bathroom arrangement within in a two-bedroom suite. All suite occupants have equal access to communal kitchen and dining facilities and living room space exclusive to each bedroom suite arrangement. This occupancy arrangement is similar to a"rooming house" where each resident has an individual lease from the landlord for exclusive occupancy of one bedroom. However, unlike a rooming house, the use of the communal kitchen, dining and living room space directly attached to the bedroom suite is only for the joint and exclusive use of the individuals who lease one of the separate bedrooms within that particulaz suite of bedrooms. This aspect of the living arrangement is similaz to a multi-family dwelling. 5. The nature of the proposed leasehold arrangement within a bedroom suite is unique. Therefore, it cannot be said under the present provisions of the zoning code that the proposed leasehold arrangement exacfly comports with the use definitions for either a dwelling unit or a multiple-family dwelling unit intended to house, for zoning purposes, a single, residential "family." Similarly, it also cannot be said that the leasehold arrangement within a bedroom suite comports with the use definitions for residential congregate living arrangements which includes a "rooming house." 6. Because the proposed use has attributes of a multiple-family dwelling as well as a "rooming house" congregate living azrangement, each of which is a use permitted under the City's zoning code, it was an error on the part of the Zoning Administrator to treat the proposed use exclusively as a rooming house. On the other hand, it was an error on the part of the BZA to treat the proposed use exclusively as a"multiple-family dwelling." 7. The Saint Anthony Pazk Neighborhood District Council filed its appeal from the BZA's decision to treat the proposed use as a multi-family apartment building. The District Council supported the Zoning Administrator's determination that the proposed use was a"rooming house." The District CounciPs concerns are primarily with the pazking and density standards for multi-family housing. These concerns are legitimate and the District Council was right in bringing its concerns forward through this appeal. 8. Given the unique nature of the proposed use, it is reasonable to deternune that the attributes of the proposed use make it similar to both a"rooming house" and a multiple-family dwelling. a Page 3 of 5 ,�� .. � 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 Each of these uses are permitted uses. A rooming house is pernritted as a conditional use in Z� RMl, RM2 and RM3 zoning districts. A multiple-family dwelling is pernutted in RMl, RM2 �� and RM3 zoning districts. In the City's TN zoning districts, a rooming house is permitted as a conditional use in the TNl and TI33 zoning districts but treated as a permitted use in TN2 districts. Multiple-family dwellings aze a pernutted use in TNl, TN2 and TN3 districts. There is nothing in the record to indicate that the traffic generated by the proposed use would be different from the tr�c generated by a similazly sized rooming house or multi family dwelling. The type of housing proposed is consistent with the housing goals of the comprehensive plan. The site is located near the University of Minnesota's transit way as well as University Avenue, a"high service" bus route. The site is presently zoned Il which does not permit a rooming house or multiple-family dwellings although rooming houses aze permitted as conditional uses in the I2 district. In order for this site to be used as proposed by 7PI, the site requires rezoning regardless of whether the use is described as a multiple-family dwelling, a rooming house, or a combination of each use. AND, BE IT FURTHER RESOLVED, because the proposed use has attributes of a multi-family residential dwelling as well as attributes of congregate residential living arrangements like a"rooming house," each of which is a use pernutted under the City's zoning code, the proposed use should not be treated exclusively as a rooming house as the Zoning Administrator deternuned nor should it be treated exclusively as multiple- family housing as the BZA determined. Accordingly, the Council grants the appeal of the St. Anthony Park District Council; AND, BE IT F'URTHER RESOLVED, notwithstanding the Council's decision with respect to the appeal by the St. Anthony Park Community Council, the Council also finds that it would be desirable to pernvt and regulate the proposed use under the City's zoning regulations; AND, BE IT FURTHER RESOLVED, given the size of the proposed use, it can be said to be similar to multiple-family housing permitted in RM2 and TN2 and TN3 districts. Likewise, given the nature of the proposed use, it can also be said that the use is similar to a"rooming house" permitted as a conditional use in RM2 and TN3 districts; AND, BE IT FURTHER RESOLVED, pursuant to the Council's authority under I.eg. Code § 61.704 to reverse or affirm, wholly or partly, or to modify the determinations of the BZA and to make such orders, requirements, decisions or determinations that can be made under the circumstances far the purpose of addressing the concems of the Zoning Administrator as well as the BZA, the Council hereby deternunes that the use proposed by JPI is similar to multiple-family housing operaring under a leasehold arrangement similar to a rooming house; AND, BE IT FURTHER RESOLVED, that this determination shall pernut the Zoning and Planning Administrators to process any application related to zoning for the project proposed by JPI as a pernutted use subject to the following conditions which shall be imposed pursuant to the provisions of Leg. Code § 61.107: 1. That the project obtains a condiUonal use permit as is required for a rooming house in RM2 or TN3 zoning districts. Notwithstanding the proposed lease arrangements and consistent with the findings noted above, JPI need not obtain a rooming house license provided that the development is approved, constructed, operated and maintained in accordance with this resolution and the following: (A). The use receives a conditional use pernut from the planning commission. Page 4 of 5 �•� 3 196 197 19g 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 (B). That the planning commission considers imposing the following conditions on the special condition use pemut for the project: ot�`2.�L 1. Depending on the number of bedrooms within each suite arrangement, no bedroom suite within the project is occupied by more than two (2) or four (4) unrelated persons. 2. The landlord for the completed development shall maintain and inform tenants that it shall enforce rules of conduct on its tenants that will provide the landlord with the right to evict tenants who engage in loud or obnoxious conduct disturbing or threatening the rights, comfort, health, safety or convenience of others in or neaz the development, or who violate any ordinance or law relating to such behavior. 3. The landlord for the completed project shall provide professional on-site management in a permanent, on-site management office. 4. The landlord shall provide the neighborhood district council with the telephone number of the on-site management office and the name(s) of the on-site managers who will answer and respond to neighborhood complaints about tenant behavior or property conditions. 5. The landlord shall install and maintain secured landlord and/or tenant controlled access to all buildings within the development. 2. That the project obtains a site plan approved by the planning commission following a public hearing thereon. During site plan review, dimensional standards for the zoning classification sought by the developer under a rezoning application for the site should be applied to the project. Pazldng standards and conditions shall be determined by the planning commission in accordance with Leg. Code § 63.208 224 3. That the project obtains any variances based upon the specific site plan as required by the zoning code. 225 226 4. That the project obtains the necessary zoning reclassification for the subject land. 227 228 AND, BE IT F'INALLY RESOLVED, That the City Clerk shall mail a copy of this resolution to JPI, the 229 Saint Anthony Park Community Council, the Zoning and Planning Administrators, the Planning Commission 230 and the BZA. 231 Req¢ested by By: Approved by Financial Serrices B Form Approved by City Attomey Adopfion Ceitified by Council Secrehary /�� ay: �n�, �irii/lsa� s 'Y.�.Z 6✓/..�aw+,�, 3-�^o t Approved by Mayor: Date � d� Approved by Mayor f. Su ion to unci] By: a Page 5 of 5 '(�` Adopted by Council: Date �/ i1��/f�_��, �{'�Olo � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � CA - CityAttomey Contact Person ffi Phone: Peter Wamer 266-8770 Must Be on Council Agenda by (Date): Total # of Signature Pages _(Clip AII Locafions for Signature) � Action Requested: - Resolution memoriali�ino the City Council action of Febmary 22, 2006 granting the appeal of the Saint Anthony Pazk Comwuuity Council and modifying the decisions of the Zoning Administrator and Boazd of Zoning Appeals regazding a student oriented housing development at 2669 Temtorial Road. Planning Commission CIB Committee Civil Service Commission Initiating problem, Issues, Opportunity (Who, What, When, Where, Wh�: AdvantaAes If Approved: The Council is required pursuant to the Ciry Cl�zrter to have its acrions reduced to a writing either in the form of a resolution or ordinance dependern upon ffie nature of ffie matter before it. The decision of the Council in this matter requires a written resolution in order to comply with the Charter. Approving the attached resolufion fulfills the Council's duty under the Cl�arter. Disadvantages If Approved: None Dafe Initiated: `"`"� � •' 0��-06 Green Sheet NO: 3029994 � Deoartment Senf To Person 0 i Attome ASSigO 1 Attorne De artmentDirector Number 2 Attome For Roufing 3 a or•s Office Ma or/Assistant Order 4 onncil 5 Clerk G5 Clerk Personal Service Contracts Must Mswer the Following Questions: 1. Has this person/firm ever worked under a contract for this departmenY? Yes No 2. Has this person/firtn ever been a city employee? Yes No 3. Does this person/firtn passess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet MAR 0 9 2006 MAYOR'S OFFICE Disadvantages If Not Approved: otal Amount of Transaction: Fundinp Source: CosURevenue Budgeted: Activity Number: � �iu°.$$�f�'�'P �+.�,7^�.;, Financial Information: (Explain) �{F�R 1 � LU� ,-, i ��_,� (` LE�NARD SI'REET I�NI7 DEINARD November 8, 2005 VIA E-MAIL AND U.S. MAIL Wendy C. Lane Zoning Admiuistration City of SainY Paul Office of License, Inspections & Environmental Protection 8 Fourth Street E., Suite 200 Saint Paul, MN 55101 ° � ;� � � � - -� �,' _ � Eiuc H. Gnian 612-335-1509 Du�cr eric.galatz@leonazd.com Z 50 SOU2II FIE2A 522tEET SUCLE 23pp MfNLIEAPOLIS� MIITNE502.1$$402 6x2-335'=Sao n�uN 6ii'335-Z � . Re: Request for Similaz Use betenninarion JPI Development Services, Inc. Studettt Hoizssing Development Dear Ms. Lane: Please accept this letter on behalf of 7PI Development Services, L.P. ("JPI") as a Request for Sitnilaz Use Determination, pursuant to Section 61.106 of the Saint Paul City Code (the "Code;" all Secrion references are to the Code unless noted otherwise). Specifically, we request a determinarion that the student-oriented housing development JPI proposes to develop in St. Paul is a"multiple-family dwelling" as defined by Section 65.116 and each suite of rooms within the project is an "apartmenY' as defined by Section 60.202 and a"dwelling uniY' as defined in Secfion 60.205. EXECUTIVE SUNIlVIARY r The student-oriented housing project JPI proposes to deveIop is a"mutti-family dwe[Iing" within the meaning of the Code because each suite of rooms is an independent unit with sleeping, cooking, and sanitation facilities for icse by a graup of individuals fhat ineet Uxe - definition of "family." The JPI proposal is not a"roominghouse" 6ecause fhe "premises" that are covered by each lease includes possessary interests ut Idtchen facilities that �e available exclusively for the use of the fawily that occupies a snite of rooms that includes sleeping, cooking, and sanitation facilities. exyiBir `l 2686331v2 • LAW OEFICES 7N MINNEqPOLIS. SAINT PAVL� d � � HINGSON�.D.C. APrOfedsioII¢I1L4SOGtafioII 3 W W W.LEONARD.COM � r� Wendy C. Lane November 8, 2005 Page 2 PROJECT DESCRIPTION (�, Q� �'��` 'S � � � y � _ '3' ��� � r 3PI proposes to develop a mutti-family rental pro}ect on a 4.27 acre af the western boundary of St. Paul, befween Territorial Road and the University Tzansitcvay and between the Minneapolis- 3t. Paul border and vacated Serry Sireet. For the current project, JPI proposes a mix of 2 and 4 bedroom uxtifs, with an average of 3 bedrooms per unif. At fhe proposed densities, tlus Lranslates to approximately 150 unifs and 522 bedrooms, with one occupant per bedroom. Although JPI does not disciivunate in its leasing, the proposed project is designed as a student commnnity, with University of Minnesota and other college students as its intended market. The project is similaz to fhe Tefferson Commons project on Huron Boulevard in IYiinneapolis, which 3PI developed in 20d1. The project is also similar ta several other student-oriented housing projects other developers haue conslructed around the 1Viumeapolis campus of the Uttiversity of Mivnesota, including Grandmazc at Seven Corners, University Viilage, and Diimakan House. For a11 these developers, the protntype fcsr "student housing" is market rate or lusury mulriple- family housing, tailored for a sfudent population. Specifically, the units, and the leasing program, aze designed to facilitate aparhnent-sharing by college students. Although the Minneapolis Code of Ordinances does not haue a 5pecific use definifion for this prototype, Iviinneapolis has treated each of these projects as a multiple family dwelling, rather than any of its altemafive "congregate living" categories. To our knowtedge, Ykere are no similaz projects in St. Paul. As is typical for multiple-fasnily dwellings, the proj ect contains several individual aparhuents, arranged along corridors. Each corridor is controlled by the landlord and is open and available for use by all tenants of Yhe buiiding and their guests. Each apartment is separated &om the common corridor by a locked door. Only the tenants of a specific aparhuent haue keys to that door (the landlord has a master key but is allowed access to a leased apartment only in emergencies or with the consent of the tenants). Each apartment is an independent living unit, with kitchen, bath, living room, and bedrooms. We enclose IIoor plans for prototypical apartment units. The following features accommodate apartment-sharing, and may or may not be found in other multiple-family dwellings: (1) In multiple bedroom units, each bedroom has a lock on its door to provide privacy and security for each occupant of the unit. (2) In four bedroom and some two-bedroom units, each bedroom has a private bathroom attached to it. In other two hedroom units, the occupauts will share a single batluoom. (3) Each bedroom has receptacles for telephone and cabte service. Each occupant can elect to obtain service to the receptacles. The landlord does not supply . telephone, television, or compufer equipment. 2686331W1 t� � �' � � (� Wendy C. Lane November 8, 2005 Page 3 . (4} (5) (6) ��) (_. 0�-e.��. �-� � �--=� > �� • Each tenant has a sepuate lease with the landlord for the bedroom the tenant will occupy: Tlus feature makes it possible for each tenant of the apartment to share an apartment without becoming fiable far rent payable by the other tenant or tenants in the apariment. Fach tenant of the apartment rcnts an undivided shue of the ldtchen and living room that is part of Yhe apartment and each Yenant of the apazt�nent is jointly and severally liable for damages to the kitcken and living room. The landlord will lease a multiple bedroom unit to tenants who apply for an apartment 4ogether. If a tenant who does not have suite-mates wants to lease a bedroom witbin a multiple-bedroom unit, the landlord will help match suit� mates, subject Yo approval by all suite-mates. If one of the tenants of a multiple bedroom apartment moves out for any reason, the landlord wili have the right to re-lease the vacant bedroom and its proportional shaze of the kitchen and living room to another tenant, subject to the reasonable approval of the existing tenants of the apazhnent unit. The tenants wiio skare a mulriple bedroom apartment unit have the righY to exclude,others, including the landlord (subject to exceptions for emergencies and repairs); from the apartmettt. USE DESCRIPTIONS UNDER THE ST. PAUL CODE The student-oriented housing 7PI pmposes to development is most appropriately classified as a "miiltir�iP-fat�jj}r Llwel�ino' composed of "dwelling units" ar"apartments" not as a"rooming house" composed of `Yooming units: ' MULTIPLE-FAMILY DWELLING De�nitions �, Section 65.216 defines "cnultiple-family dwel&ng" as "(a] buitding, ar portion thereof, designed exclusively for occupancy by three (3) or more faxnilies living independently of each other in individual dwelling units." Secfion 60.205 defines a dwelling unit as"[a] 6uilding, or portion thereof, designed for occupancy by one (i) faxnily for residential purposes used or intended to be used for &ving, sleeping and cooking or eating purposes; ' Section 60.207 defines a,"family" as: "One (1) or two (2) persons or pazents, with their direct lineal descendants and adopted or legally cared for children (and 'mcluding the domestic empIoyees thereo� togetFter witii not more tlian iwo (2) persons not so relafed, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of four (4) or fewer persons living in such housekeeping unit shall be considered a separate family for the ptupose of this code." 2686331v2 �3 �� � o���i� Wendy C. Lane � � - November 8, 2005 ( Page 4 � ,�,G � ��� Secfion 60.2d2 of the Code defines an "apaxtment" as "[a] suite ofrooms or a room in a multiple-family dwelling arranged and intended for a place of residence of a single family." Analysis The JPI proposal consists of several suites of rooms arrauged along common corridors. Each suite is sepazated from the common corridor by a door with a lock Htat is accessible only to the tenanfs of that suite. Each suite of rooms is a"dwelling. uniY' and an"agarluienY' and each building 7PI proposes to develop is a"multiple-family dwellin�' as those terms are defined in the Code.. :4 "dwelling uniY' is a building or a portion of a building designed for use by one (i) family "for living, sleeping, and cooking or eating purposes." Each suite of rooms within the project will be a"dwelling uniY' because each suite will (1) be intended for occupancy by one family, consisting of four (4) or fewer persons, related or not, and (2} have a kitchen and living room with space for eating, at least one bedroom for sleeping, and at least one bathroom. A multiple-family dwelling is a building that is designed for occupancy by three or moxe families in independent dwelling units. 3PI proposes to develop three or more buildings with fift:y (50) or more suites in each building. Each suite is an independent dwelling unit, with its own living, sleeping, cooking and eating facilities. ( �. Each suite of rooms will also be an "apartmenY' because each suite is "arranged and intended for a ptace of residence of a single farnily." ROONIINGHOUSE The JPI proposal is not properly classified as a"roominghouse" because the suites of rooms ue "dwellings" not "rooming units: ' Definitions Section 65.171 defines a"roominghouse" as follows: "(1) Any residential structure or dwelling unit, supervised or not, which provides living and sieeping atTangements for more than four (4) unrelated individuals for periods of one (I) week or longer; or (2} Any residential structure or dwelling unit which provides single room occupancy (SRO) housing as defined in [24] CFR secrion 882.102 to more than four (4) unrelated individuals; or (3) Any building housing more than four (4) unrelated individuals which 1{as any of the following characteristics shall be considered and regulated as a roominghouse: a. Rental arrangements aze by the rooming unit rather than the dwelling unit. b. Rooming unit doors aze equipped with outer door locks or chains wluch require different keys to gain entrance. � 2686331v2 � ( �. � �� 0����,�� ( Wendy C. Lane November 8, 20Q5 Page 5 - �� . c. Kitchen facilifies may be provided for joinf or common use by the occupants of more than one (I) rooming unit. d. Rooming units aze equipped with telephones having exclusive phone numbers. e. Rooming units aze equipped with individual intercom security devices. f. Each rooming unif has a sepazate assigned mailbox or mailbox compartment for receipt of U.S. mail." Section 34.07 defines "rooming uniP' as"[a]ny room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. This definition includes, but is not limited to, guest rooms as defined in this section." A"guest room" is a"room or a group of rooms in a licensed bed and breakfast facility forming a single habitable unit which is located within the walls of a residenfial structure and wiuch is used or intended to be used for sleeping and living, but not for cooldng or eafinQ purposes and which is Iet individually as a unit" Analysis C^l JPPs proposed studen#-oriented housing development is not a roominghouse because none of the three definitions of "roomingtiouse" set out in Section 65.171 applies to the JPI proposal: Secrion 65.171(1) does not apply because 7PI will not house more tfian four individuals in any one unit. Under Section 65.171(1), a roominghouse is "[a]ny residential siructure or dwelling unit, supervised or not, which provides living and sleeping arrangements for more than four (4) "-._7' -*013t� �±+�!+vid��a?s €cr geriods of one �� � lu0 or longer." If Section 65.? 7? �?; is Cnnct�iari tr� mean any shuciure that houses more than four (4) unrelated persons in any number of units, then every multiple-familv dwelling in the City of 5t. Paul with more than four units wouid be a roomin ouse. If Section 65.171(1) is more reasonably construed to apply to individual dwelling`ts that house more fhan four unrelated individuals, then Secflon 65.171(1) does not apply to the 7PI proposal because JPI does not propose to house more than four individuais (related or not) in any one unit. Seciion 65.171(2) does not apply because 7PI's proposed development does not provide for single room occupancy (SRO) within the meaning of 24 CFR 882.102, which defines SRO as "[a] unit that contains no sanitary facilities or food piepazation facilities, or contains either, but not both, types of facilities: ' The "uniY' JPI intends to rent to each tenant consists of a private bedroom, a private bathroom ("sanitary facilities"), and an undivided interest in a shazed kitchen ("food preparation facilities"}. If the City siretched the definition of SRO to apply to each of the 176 sepazate suites of rooms within the project (yielding 176 separate SROs) Section 65.171(2) would still not apply because there aza four or less residents witlrin each suite of rooms. , Section 65.171(3) does not apply because all ofthe definitions in Section 65.171(3) refer to "rooming units" and "guest rooms" and the premises JPI proposes to rent aze not "rooming units" or "guest rooms: ' Under Section 34.07 a"rooming uniY' is a"room or group of rooms � forming a single habitable unit used or intended to be used for fiving and sleeping, but not for cookin� or eating pucposes" and a"guest room" is essentially a rooming unit within a licensed 2fi86331v2 � / �� Wendy C. Lane November 8, 2005 Page 6 � o�-��� ��.a� � 3 bed and breakfast. If Section 34.07 is construed literally, and without reference to other premises that are included in the lease, then everv bedroom ixf St. Paul would be a"rooming unit." What distinguishes a rooming unit from every other bedroom in St. Paul is a"roomirig unit" does not come with rights of possession of coolang and earing facilities. The units JPT proposes to develop and rent include possession of an undivided interest in ldtchen (and living) facilifies that are rented exclusively to the tenants of the suite. Because the premises that 7PI intends to rent aze not "rooming units" the City cannot categorize the suites or the buildings 7PI intends to develop as "roomingfiouses." The distinction between the possessory rights ofroominghouse tenants and JPI's tenants is more than technical. In a rooming house, the "premises" that aze subject fo the lease, and that the tenant has the right to possess, consisf exclusively of the bedroom and, sometimes, a private bathroom. The roomiughouse tenant also has a right to use the common kitchen and living spaces outside the leased premises, but not the right to exciude others from those spaces. The landlord possesses and controls the kitchen, corridors and any common living spaces. In the 7PI proposal, ori tlie other hand, the `�remises" consist of the private bedroom and bathroom and the kitchen and living spaces, which may be shared with up to three other tenants. The tenants of the suite together have the right of possession of the kitchen and living spaces, including the right to exclude others, including the landlord, from those spaces. The landlord possesses and conirois the corridors and spaces that aze common to all tenants, such as recrearion rooms and lobbies. What matters here is that fhe "premises" each tenant will lease from JPI includes kifchen facilities and therefore the premises is not a"rooming unit " With respect to the six specific chazacterisfics of a roominghouse listed in Section 65.171(3), those chazacteristics do not appiy for the following reasons, even if the City erroneously construes each bedroom in the TPI proposal to be a"rooming unit:" a. Rental arrangements are by the rooming unit rather lhan the dweZling unit. As discussed above, although tfie "rental arrangement" 7PI makes with its tenants allows individual tenants to enter into separate leases, the "rental arrangement" addresses more than the individual bedroom and bathroom. Each tenant of a suite obtains possessory interests in, and joint and several responsibility for, the kitchen and living room within the suite. Further, unlike a tradirional roominghouse where the tenants have no say as to who their neighbors and co-tenants may be, each eenant of each JPI unit has the right to select or approve co-tenants and replacement co-tenants. b. Rooming unit doors are equipped with outer door locks or chains which require d�erent keys to gain entrance. Each JPI suite of rooms will have a separate e,xterior Iock between the suite and the public corridor. Each resident of each suite will have a key to this exterior lock in common. Thexe wiIl also be sepazate door locks inside each unit, separating each bedroom from the shazed living room, which will allow each tenant privacy and security within the suite. 2686331v2 � � ��_ � �_. �- � 0�-���. Wendy C. Lane � � � � November 8, 2005 � U �� Page 7 c. Kitchen facilities r�ay be provided for joint or common use by the occupants of more than one (1) rooming unit. In a traditional rooming house, the landlord provides tenants of more than oue rooming unit the right to use a comnton idtchen that the landlord controls. 3I'I intends to Iease shazed possessory interesfs in ldtchens to suite-mates wfio will have the right fo exclude the Iandlord and others. If the City construes a"rooming uniY' broadly as a bedroom, then every multiple-fanuly dwelling in St. Faul with more than four units witk two or more bedrooms is a roominghouse, because every such muliipie-family dwelling will haue occupanfs of more than one rooming unit sharing a kitchen. The key distinction between a tradirional aparlment unit arid a traditional roominghouse is the fact that in an apartment unit, the leased premises includes the kitchen and living facilities, not just the bedroom and, sometrmes, the bathroom. Because 7PI's tenants will have the right to exclude the landlord from the ldtchen and living facilities, the JPI proposal is appropriately chazacterized as a multiple-fanuly dwelling. d. Rooming units are equipped with telephones having exctusive phone numbers. Although JPI intends io include telephone jacks in all bedrooms, as is the case in most �� modem apartments, 7PI does uot intend to provide telephones or telephone numbers. e. Roorning units are equipped with individual intercom security devices. 3PI does not intend to provide individual intercom security devices to the individual bedrooms. f. Each rooming unit has a separate assigned mailbox or mailbox compartment for receipt of U.S. mail. JPI does not intend to provide sepazate assigned mailboxes for each bedroom. Because none of the Code definitions or characteristics of `Yoominghouse" apply, it is not appropriate to classify the 7PI proposal as a roominghouse. JPI believes its proposal falls squazely wifhin the definitian of "multiple-family dwelling." Even if the City finds that the definition of "multiple-family dwelling" does not clearly fit the JPI proposal, 7PI respectfully asks the Zoning Adminisirator to determine that the JPI proposal is substantially similaz in chazacter and impact to a"multiple-family dwelling." . OTHER AUTHORITY Although Minnesota 5tatutes do not eacpressly define "roominghouse", it is cleaz that the State � considers roominghouses to be for short texm, temporary tenancies, similaz to hotels, motels and resorts. For example, for sales ta�c purposes, the 5tate of Mimiesota equates a roominghouse 2686331v2 � � Wendy C. Lane November 8, 2005 Page 8 r � i��-���. ��� 7 r -�. �' �� b t. with uses such as Iodging and related services by a"hotel, .. _ resort, campground, motel, or trailer camp and the granting of any sunilar license to use reat property other than the renting or leasing of it far a continuous period of 30 days ox more". Minn. Stat. 5ec. 279A.6I, subd. 3(g)(2). JPI's standard lease is for a term of 1welve months. For all of the reasons stated above, JPf respecffully requests that the zoning adnunistrator issue a detemunafion that the JPI proposal is an multiple-family dwelling, rather than a roominghouse. Very truly yours, LEONARD, STREET AND DEINt1RD PROFESSIONA�, ASSOCIATION cc: Council Member Jay Benanav David Gontarek Tony Schertler Patricia James 268633tv2 1� l � �, ' Nov, 29. 2005 12:42PM CTTY OF �AINT PAITt. - Randy G IfeUy, lvlayar November 29, 2005 Eric �T. Galatz Leonard, Street and Deinard 150 S, 5�' St., Suste 2300 N(irmeapolig, MI�i 55402 Re: Approximataly 2269 TeaiWrial ktoad Dtar Mr. Qaiat2: I I�sve reviawed your Requeat for Similar Use Dotennination under zoning cade Sea 61.1Ob for a prnpossl to develop a"studenY'miented housing development" hetweon Territorial ltoad and the Univeraity af Minnesota Transitway, Your letter states that the proposed us� is not listed ia the znning code but that it is most sunilar W muItiple family housing. We have reviawed the information you provided. Based upon that infozmation, it is our d�termination that the use described mcets #he definition of a roomiaghous�, whiah is a nse specifically listod in the zoaing eade. Zoning code Sec. &5,171, dafines a znominghorsse as: (1} Any residentiai structure ar dwelling unit, aupervised or not, which provides living and slezping arrangements far more than four (4) unrelated itidividuals for periods of ona (lj week or longer; or (2) Any residential sisucture or dwelling unit wt�ich provides single rornn occupancy (SRO} housing as defined in C�Tt seetion $$2.102 to rnare then fourj4) unralated individuals; or (3) Aay building housizrg ma=e than four (4) unrelated individuals w#iiohhaa any af the fcatlowing oharacteriatics ghall be crmsidered and regulated as a roaminghouse; a. Ztental wTangements are by the rooming unit rather than the dwelling uait, b, Ttooztting unit dwus sre equipped with outer door locks or chains which require dif£zrent keys ta gain entrance. c. Kitchen faCi�ities map Bepravifled fat joint ar common uae by the occugants afmnte thau pae (1) motning unit. d. Itoorning units aze equippod with telephones having exclusive phone nuenbers. e. Raaming writs are aquipped with individual intercom security dewices. f. &ach rooming unit has a segarate aseigued msiibox or mailbox camparnnent for receipt of U.S. msil. Hasad upon the infom�ation you providad, we t�ve d�termrued that aach hedroom is a rooming unit within a larger living area which inclndes a kitchen and living roorn that has sY least Eour aF the EXHIBIT � a 2 � � No. 0784 OFFtC6 OF LdCENSS, INSPECTI0N8 AND ENVrRONMHNTAL PROTECnON —� �)S Janaen 8. Raaas, btrertar COMMERCEBUbDA'G �'Tciepkoxe:65l-166-9090 BPourthSk$SulleZPO Frceirnila: 63l-366-9IZ4 ScinlPqu{ Mln�esatuS5101•1424 Wab: 3vww.!len.us � �°��_ � 'Nov. 24. 20Q5 12:43PM &ric H. GsIafz Nov�mber 29, 2005 Fage z � I '� ' ��., - ;�« _°_- �-�— -- characteristacs of a mominghouse as definedin zoning code 5ec. 65.171(3) as follaws; a. kenrrxl arrangemenGs are by ¢he roaming unit rather than the dweXling unit. You state that a tenant enters in4o a leasa for s epecific bedraom. Although the lease you descn�ed allowe a tenant sccesa ta an "undivSded" sl�are in a kitchen aad living mom, the infom�ation you pravide makes it clear Ehat the pritnary space leased by the tenant is a separate bedroom. b. Rooming unit doars are er�utpped with puter daor lockr ar chains which reguire dij�erent keys to gatn entrance. 'Y'ou state that each saparately leased hedroam will have a separately keyed lock apart . from a separately keyed door needed to gain entrance W the larger fiving arta. c, Kitehen facllities rnay be provided for Joint or common use by tlie oneupants'of more than nne (1) roaming unit, You stete that tenants of the rented bedrooms would have an "undivided" share in a cprrimon kitchcn. d. Room�ng ur�its are eguipped with tedephones hav�ng exclusive phane numbers. Althaugh each bedroom would not he equipprd with a telephons, the intent of this characteristie is met when you etate eaah individually xontcd bedroam is pro�vided with a receptacle far telephone and eable sen+ice. Tn addit9ori, we note that Yhis property ie currently zot�ed Il. A roomuighouse is not a penmitted use in an Il d'tstriCt. A roominghouse is parmitted ia the fotlovving zoning districts; RM1,121�22, RM3,'TATI,'IN2, TN3 and BC. Therefore, rezaning thie proper�y is neaessary in ordar to aaaonunodate a rpqminghouse. A conditional use pemut ie required from the Planning Camxnisaian exeept in the TN2 zone. There ara minimum lot eize and parking standarde identified in Section 65.171 as well ss density and dimenaional standards in Chapter fi6. A businsss lieense is alsa required far a mominghouss. This decisions may be appealed to the Board of Zoning Appea]s (SZA) vvithin 10 days. There is a $43S fiting fee. Attached is the appeal application fwm and the BZA sehedule. Please contact me at 65I-266-9081 if yon have c(ues4inns. Sincerely, W � Wendy� Zoning Managez� oc: 17avid GOntatek 'Tony SCherticr Patricia 7ames Disirict 12, St. Anthony Park Community Counoi] �o ��� � r � OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION � � o � �3 � Bob Kesslu, Director 6 SA[Ni PAUL � AAAA CITY OF SAINT PAUL 266-9090 Christopher B Coleman, Mayor 266-9l24 www.liep.us COMMERCEBUILDING 8 Fourth Streei E¢s; Suite 200 Telephone: 651- Facsimi[e: 65/- Sain! Paul, Minnuota 55107 Web: NOTICE OF POBLIC HEARII�iG � 1he Samt Pavl �Yty Counc�l wi11 conduct a � public hearing on Wednesday, February 1, ' 2006 at 5:30 p.m. in ihe City Cossncil ChamUers, 11�ird F'loor City Hall, 15 West Kellogg Boulevard, St. Paul, MN, to con- JBriU� 1$, 2��6 sider the appeal of St. Anthony Cogimu- niTy.Council to a decision of the Board of Zoning Appeals wY�ich determined that a MS. M21y ET'1CICSOri proposed residential development at 2669 Territorial Road by 3PI Development Ser- Council Research Office vices meets the deSnition of an apartment Room 310 City Hall building rather than a rooming house. Saint Paul, MN. 55102 ��D ed: January 1�832006 MARY ERICKSON Assistant City Council Secretary I Dear Ms. Erickson: c�an� z3� `___ = 81: PAi7L LEGAi, r.v.nr.uu __' = I 22109t84 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, February 1, 20Q6 far the following zoning case: Appellant: St Anthony Community Council Zoning File #: OS-207033. Purpose: Location: Staff: District : Board: Appeal a decision of the Board of Zoning Appeals which determined that a proposed residential development at 2669 Territorial Road by JPI Development Services meets the definition of an apartment building rather than a rooming house. 2669 Territorial Road Recommended denial. District 12 recommended denial Approved on a 4- 3 vote. I have confirmed this date with the office of Council Member Benanav. My understanding is that this public hearing request will appear on the agenda of the City Council at your earliest convenience and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Thanks ! Sincerely, ..c r John Hardwick, Zoning Specialist APPLICATION FOR APPEAL � i�l Office of License, Inspections and Environmental Protectiorr �J Commerce Building 8 Faurth St E, Suite 200 SaintPau� MN55101 651-266-9008 0�-�;:� Zoning office use only File�. � � '" �� 6 g� � Fee ���, �z, Tentative hearing date: �f�/Q� APPLICANT Name hT. �1N'Ct.�roNv F�'k(UG M� u Ai �ZV CDUNUL Address _�640 GRo hA W� LL A�11 City_ST A4V _ St.JYII)Zip 5 Name of owner (if differantl PROPERTY I Address 266Q TEtzRtTOR.tAL Ro��j LOCATION Legal description: _ r 7F,E /�cT'('A Gi#�D C� T'YPE OF APPEAL: Application is hereby made for an appeai to the: ❑ Board of Zoning Appeals � City Council under the provisions of Chapter 61, Sectionb5. n1 , Paragraph 3 of the Zoning Code, to appeal a decision madebythe 'B��Rj� �F ZONI�)!r AcPt'�4S on tL (1 �( , 200.�. File number: D� - �7033 (date of decision) GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or refusai made by an administrative o�cial, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. �� �Tra��tEn. sheet if • AppllcanYs signatur��• - ifJ[l/1�_____ Date � 13 0 6 City agent� \ Q�-�;:� LEGAL DESCRIPTION EIISTIS' ADDITION TO ST. ANTHONY PARK, RAIvISEY CQ MINN. VAC STS • ACCRUING & BLK 3; EX PART OF SD BLK 3 DESC AS BEG ON WL OF & 2.02 FT N OF SW COR LOT 12 BLK 3 TH NLY AT ANGL OF 8 DEG 30 MIN TO RIGHT FOR 160.28 FT TH WLY 23.98 FT TO PT ON SD WL 162.06 FT N GROUNDS FOR APPEAL This appeal is brought to the City Council to correct an error in finding by the Boazd of Zoning Appeals. The issue arises out of a request by JPI Development Services, LP. JPI is proposing to construct a residential development consisring of seven muIti-unit buildings of student-oriented housing located in an industrial azea of the St. Anthony Park community. The St. Anthony Park Community Council is the designated planning council for this area and works for the betterment and improvement of the residential, commerciat and industrial uses in the community. JPI requested that the Zoning Administrator _determine that its proposed use of its properry for student-oriented housing is similar to a standard multi-family apartment building. The Zoning Administrator after reviewing the information supplied by JPI correcdy found that the proposed use falls within the definirion of a rooming house as defined by Section 65.171(3) of the Saint Paul Zoning Code. The Zoning Administrator based this determinafion on the fact • that each bedroom will be leased as a separate rooming unit. Each rooming unit has access to kitchen facilities which aze shared with other rooming units. JPI appealed the Zoning Administrator's decision to the Board of Zoning Appeals. The Board of Zoning Appeals voted fo overturn the detemunation of the Zoning Administrator. The basis for this appeal is that the decision of the Board of Zoning Appeals is contrary to the clear reading of the Saint Paul Zoning Code. The City of Saint Paul has established specific requiremenfs on density and pazking for rooming houses to protect neighboring properties and the surrounding community. These include limitarions on density and requirements for parking. JPI has incorrectly relied on technical azguments for claiming that its development does not fit within the definition of a rooming house. The explicit language of the Zoxung Code requires a finding consistent with that of the Zoning Administrator. To permit this project to move forwazd without meeting the requirements of the Zoning Code would not only have a- material adverse effect on the St. Anthony Park community, but would also set an ill-advised precedent for projects in other neighborhoods of the City. The St. Anthony Park Community Council requests that the decision of the Board of Zoning Appeals be overturned and that the City Council uphoid the original decision of the Zoning Administrator. • ..� Q�°���t BOARD OF ZOiVING APPEALS STAFF REPORT � 'TYPE OF APPLICATION: Administrative Review FILE #: OS - 207033 APPLICANT: HEARING DATE: Lance Hanna, 7PI Development Services, LP December 19, 2005 LOCATION: C� ►... .. �. . .�.� LEGAL DESCRIPTION: EUSTIS' ADDTITON TO ST. ANTHONY PARK, RAMSEY CO, MINN. VAC STS ACCRLJIIQG & BLK 3; EX PART OF SD BLK 3 DESC AS BEG ON WL OF & 2.02 FT N OF SW COR LOT 12 BL.K 3 TH NLY AT ANGLE OF 8 DEG 30 MIN TO RIGHT FOR 160.28 FT TH WLY 23.98 FT TO PT ON SD WL 162.06 FT N PLANNING DISTRICT: PRESENT ZO1vING: REPORT DATE: DEADLINE FOR ACTION: 12 I1 Saint Anthony December 5, 2005 ZONING CODE REFERENCE: 61.106 BY: John Hazdwick January 10, 2006 DATE RECEIVED: December 1, 2005 A. PURPOSE: An appeal of the Zoning Administrator's decision determining that a proposed residential development is a rooming house rather than an apartment building. B. SITE AND AR�A CONDITIONS: This is a lazge 4.2 acre site located on the northwest corner of Te�ritorial Road and Berry Street. A portion of the site is developed for off-sireet pazking. Sutrounding Land Use: Indushial uses on the Saint Paul side and residential uses on the Minneapolis side. • C. BACKGROUND: The applicant is proposing to construct a student-oriented housing development on this site, In response to a request to deternune that the development is most similaz to multiple fanuly housing, the Zoning Administrator has deternvned that the proposed housing is a rooming house and is specifically listed in the zoning code. The appellant is appealing that decision. � Page 1 of 5 ��-�� � File #OS-207033 StaffReport D. CODE CITATIONS: Sec. 61.106. Similar use determination. When a specific use is not listed in the zoning code, the zoning administrator shall issue statement of clarification, finding that the use is or is not substanrially similar in character and impact to a use regulated herein. Such statement of clatifica6on shall include the firidings that led to such conclusion and shall be filed in the office of the zoning administrator. If the zoning a.dnunistrator finds that the use is not sufficiently sunilaz to any other use specifically listed and regulated in the zoning code, any person proposing such use may file an application for the plamiing commission to determine if a use is or is not similaz to other uses pzrmitted in each dishict. The zoning aduvnisirator or planning commission shall make the following findings in determining one (1) use is similaz to another: (a) That the use is similaz in character to one (1) or more of the principal uses permitted. (b) That the traffic generated on such use is similaz to one (1) or more of the principal uses permitted. • (c) That the use is not first perniitted in a less resirictive zoning dislrict. • (d) That the use is consistent with the comprehensive plan. Sec. 61.701. Administrative appeals. (a) The boazd of zoning appeals shall have the power to heaz and decide appeals where it is alleged by the appellant tliat there is an error in any order, requirement, permit, decision or refusal made by the zoning adminisirator in carryiug out or enforcing any provision of the code. Sec. 60.205. D. DweZling unit. A building, or portion thereo� designed for occupancy by one (1) family for residenfial purposes used or intended to be used for living, sleeping and cooking or eating purposes. Sec. 34.07. Rooming unit. Any room or group of rooms foimnig a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating putposes. This definition includes, but is not limited to, guest rooms as defined in ttris section. � • Page 2 of 5 ����� : File #OS-207U33 � StaffReport Sec. 65.171. Rooming honse. (a) Any residential structure or dwelling unit, supervised or not, which provides living and sleeping arrangements for more than four (4) unrelated individuals for periods of one (1) week or longer; or (b} Any residential structure or dwelling unit which provides single room occupancy (SRO) housing as defined in CFR section 882102 to more than four (4) unrelated individuais; or (c) Any building housing more than four (4) unrelated individuals which has any of the following characteristics sha11 be considered and regulated as a rooming house: a. Rental arrangements are by the rooming unit rather than the dwelling unit. b. Rooming unit doors aze equipped with outer door locks or chains which require different keys to gain entrance. c. Kitchen facilities may be provided for joint or common use by the occupants of more than one (1) rooming unit. d. Rooming units are equipped with telephones having �ciusive phone numbers. e. Rooming units aze equipped with individual intercom security devices. • f. Each rooming unit has a sepazate assigned mailbox or mailbox compariment for receipt ofU.S. mail. E. FINDINGS: The appeilant is proposing to construct a residenrial development consisting of seven multi-unit buiidings of "student-oriented housing" and requested that the Zoning Adininisirator detenuine that the use is similaz to standard multa-family apartment buildings. The appellant alieges that the student oriented housing is a multi-family dweiling within the meaning of the code because each suite of rooms is an independent unit with sleeping, cooldng, and sanitation facilities for use by a group of individuals that meet the definition of a family. The appellant fiirther alleges that the proposal is not a rooming house because the premises that aze covered by each lease includes possessory interests in kitchen facilities that are available exclusively for the use of the family that occupies a suite of rooms that includes sleeping, cooking, and sanitation facilities. • 5 Page 3 of 5 ��-���. File #OS-207033 Staff Report 2. The Zoning Admiuistrator, after reviewing the infomiation supplied by the appeIlant, determined that the proposed use meets the de&nition of a moming house, which is a use that is specifically listed in the zoning code. The Zoning Aduriuistrator based ttus determination on the fact that each bedroom is a rooming unit within a luger living area wluch inciudes a ldtchen and living room that has at least four of the characterisrics of a rooming house as defined in zoning code Sec. 65.171(3) as follows: a Rental anangements aze by the rooming unit rather than the dwelling unit. You state that a tenant enters into a lease for a specific bedroom. Although the lease you described allows a tenant access to an °undivided" share in a ldtchen and living mom, the information you provide makes it cleaz that the primaty space Ieased by the -tenanE is a separate bedroom. b. Rooming unitt doors aze equipped with outer door locks or chains which require diff'erent keys to gain entrance. You state that each separately leased bedroom will have a sepazately keyed lock apart from a separately keyed door needed to gain entrance to the lazger living azea. • c. Kitchen facilities may be provided for joint or common use by the occupants of • more than one (1) rooming unit. You state that tenants of the rented bedrooms would have an°undivided" share in a common kitchen. d. Rooming units aze equipped with telephones having exclusive phone numbers. Although each bedroom would not be equipped with a telephone, the intent of tlus chazacteristic is met when you state each individually renYed bedroom is provided with a receptacle for telephone and cable service. 3. The City's definifion of a rooming house was changed in 1992, following a 40-Acre Study, in order to clarify the Code and make it consistent with State and Federal standards. Although the proposed housing has characteristics ofboth a dwelling unit and a rooxning house, it clearly meets the more specific definifion of a rooming house. The appellant states that this housing project has been tailored for student housing, with the units and leasing program designed to facilitate apartment shariug by college students. A particulazly telling point is that the tenant of each bedroom will have a separate lease and if one of the tenants moves out the landlord has the right to re-lease the mom. Tlus seems to be contrary to the way a family group would occupy a single dwelling unit. � • Page 4 of 5 � �J • File #OS-207033 Staff Report F G. � ��"� � 4. The appellant states that this proposal is similar to recent student housing developments in Minneapolis and that they were treated as mulri-family dwelling units, although he also aclaiowledges that Minueapolis does not have a specific use definition for this type of housing. If this type of student housing is to become a growing trend in college towns, then it is incumbent upon those towns to develop a specific definirion and standards for this type ofproject. However, unless and until such time as Saint Paul develops a separate definition and standards for this type of housing, the buildings in this proposal must be treated as rooming houses. DISTRICT COLTNCIL RECONIlVf�NDATION: As of the date of this report, we have not received a recommendation from District 12. CORRE5PONDENCE: StafFhas not received any conespondence regarding this matter. H. STAFF' RECOM1V��iVDATION: Based on findings 1 through 4, staff finds that the Zoning Administrator did not error in his deternunation that the proposed housing development meets the definition of a rooming house. � Page 5 of 5 Nov. 29. 2045 12:43PM APPL[CATIQN FOF{ p11�PEAL 2��l1> >� I ����� � � �� .� �:�: � , O,�ice ofLieer�se,.Fnsp�tior+s aiadEnvi�ranmental PratecAtare Cammeree Butid�g ' . B.Fourtk S`t14', S'rt�te 200 S�atPaul�DdNSSIbI bS1 266-9008 APPLICANT � Name. �`��.�� �Lfrn . 1 �! Z�I �/ t3� � f �A ` ., Address (pOb �.. �5 Co��na5 �oo�@VatJ'o� Su��4 (� 21d . Citv �rv 1+.ci ��'t.� 77p �SD3Q �aqtime phone �2 - 3 3 3R t't --- "�— Name of awner fif different} S� �.reiX �at� n2(�5 .�..�.•G. � PIidP�127Y � Address�/ �Q I.00A'1'fON ��al description: TYp� CF AP Appficatian is hereby made for an appea[ to the: osrd af Zoning Appeais � G7 City Council / under the provisions of Chapter fi1, 5ection �� Paragraph ��l�f the Zoning Code, to apgeal a decisian� rtade by fhe j B a` on `I �2`I� 5 d=o+�'-a c� i (Q.A-!d G2_. 200,�� File numbet: �iROUHDS FQR APP�At�: 6xplain whY you feet there has 6ean an error in any requirement, permit, deaision or refusai made by an admintstrative cfFicisl, ar sn-error in facY, procedura vr finding made by th6 8oard of zoning Appea(s or the P€�nning Commissiort. • App(iCant's signature � Date I I Z9 0 City agent��� �• � ��c� �( � S — ���� I �' S CiJ — � v t v �.� No.67S4 P.:4 � Nov, 29. 2Q05 12:42PM cr�r aF sa�rr Pauz. $mxlyC Kelly, Mcyor November 29, 2605 No. 6784 OFFiCB OF LICENS$ INSPA.CTi0N8 AT4D � ENVIR6NMENTAL PRQTHCTiON —� laneerz & Ra.sas btrectar CDMMERCE9(IbDA'G Tstaphana 637-246-90D0 BFour7h Sk E, 5u17e 200 FrqLuita: 651-266-9I24 SafntPqui,Mlnxesoto55101•1024 Web: wan.ttaa.us � `';�� Eric H. Galatz Leonard, Street and Deinard 150 S. 5'" St., Suite 2300 Mint�eapolis, MN 55402 Re: Approximately 2269 Territarial ltoad Desr Mr. Galatz: � I t�ave reviewed your Requeet for Similer Use Determination under zoniag cade 3ec, 61, lOb for a pmposal to develop a"student-oriented honsing dcvelopmenY' bei.wean Teaitorial Road aad the Univcrsity af Mnmesota 1Yaasitway, Yaur letter states that the ptoposed use is not listed in the zoning code but that it ia most similar ta multiple faruity hpusing. We have reviawed the 'vnformation you provided. Based upon that information, it is our deYermination that the use described meets tha definition of a roominghouse, which is a use apecifically listad in the zoning code. Zoning code Sec. 65,171, det"ines a xoaminghovse as: (1) Any residartisl structure or dwelling unit, supervised Cr nat, which provides living and sleeping arrangements for more than four (4) unrelated individuals for periods of ona (1) week ar ]ottger; or � � (2) Any resideniaal shucture ar dwelling wait whieh provides single room occupancy ($RO) housing as definad in CFIt section $$2.102 to mare tl�en four(4) unrelatcd'mdividuals; or {3) Any building houaing mpre than four (4) unrelated individuals which hae any of the following chasacterisrics ahall be con�idered end regulated as a roominghouse; a. Xtental arrangemenYs ere hy the rooming unit rather than the dwelling uttit, b, Tioazning unit dnors are equipped with outer door locks or cksains which require different kzys tp gain entrance. a Kit�hen faCilities map be provided for joint or common use by the occupants of more Cl�an one (1) roonvng unik d. Rooming units are equipped with telephones having exalueive phone numbers. e. Rooming units sre aquipped with iadividual intez�com aemuity deviaes. f. Each moming unit has a separate aaeigned a+ailbox ar xnai]box campartment £or receipt of U.S, msil. Bssed upan the infom�atian you provided, we�tu�ve determined that each hedroom is a rooming unit • within a larger living area which inctudes a kitehen and living room t(�at has at least Four af the � Nov. 29. 2QQ5 12:43PM � �^ — � � � No. 6784 P. 3 1` % 1 �,-ti'� �ria H. Galatz November Z9, 2005 Page 2 cheracteristics af a raominghouse sa defined iu zaning code 5ec. 65.171(3) aa follows: a. Renral arrangementa are bp t9iee raoming uni� rather ttsaxi the dwedting ernit. Yau state that a tenant enters into a lcasa for tt epeciSc bedruam. Althaugh the leaae yon descriibed allowe a tenaut access to aa "uxidivided" sbaze in a ldtchea and living roam, the infom�atiosu you pmvide makes it cl�r tbat the pritnaty space leased by the tenant is a separate bedroom. b. Roaming unit daors are eqteipped with puter door locks ar chaina which requirs dijJ'erent keys [o gatn enirance, Y'ou state that each soparately ]eased bedroom will have a separately loeyed lock apart from a separately keyed door needed to gein entrmice to the lasger living anea. c. Kitche�s facilities rnay be provided fnr folnt or common use by the oecupants of more thare oree (I} rooming unit, You state that tenante of the rent� hedroams would have an "uadivided" share in a common kitchen. d. Rooming units are equipped with tetephones having exclusiveghane numbers. Atthough each bedraom wouldnot he equipped with a telephone, the mtetent af this chazaeteristic is met whexi you state eaah individually ranted 6edroom �s pro'vided with arexptacle for telephone and cable servics. Tn additzot�, we note that this properiy ie currently zoned Il. A roominghwse is aot a petmitted use ia sn Ii diehiet. A roominghouse is psrmitted in the following zaning disiriets: RMI, i2N12, R1VT3,'P1�T3, TN2, TN3 and SC. Therefora, rezoaing this property is neacssary in oxder to acccmuaodate a roqminghouse. A conditional uae pemut ia required from the Planning Commiesian except in tha TNZ zone. There are miaimum lot size and parking staadarde identified ia Section 65.171 as well es density and d'smeneianal standards in Chapter 66. A business licensa is also iequired far a marninghouse. This decisione may be appealed to the Board of Zoning Appeals {BZA) within 1� days. There is a $435 fiIiag fee. Attached is the appeat application'form and the BZA schedule. Ptease contact me at 65I-266-9081 if yan have questions. Sinaorely, V � - �� � Wendy Lanb` Zoning Manager � � �: David Gantatek Tany SChertter r . Patricia 7maes � Disirict 12, St Aathony Park Commtmiiy Counci] � � • ��°.�� �; �. .LEONARD STREET AND DEINARD November 8, 2005 VIA E-MAII. AND U.S. MAII! Wendy C. Lane Zoning Aduzinistrafion City of Saint Paul Office of License, Inspections & Environxnental Protection 8 Fourth S�eet E., Suite 200 Saint Paul, MN 55101 � �S :b:'. :S ;.'f:ar a Is0 S�UY�i F1PTH 5T&EET SVLPE 2,00 hIINNEApOLIS. bSINNE50TA5540Z 6 ta - 335'=SOO auuN 6 xz-335-i 6 57 � Biuc H. Gnrarz 612-335-1509 omECe eric.galatz@leonard.com Re: Request for Sunilaz Use Detenuination JPI Development Services, Inc. Student Housing Development Dear Ms. Lane: Please accept this letter on hehalf of JPI Development Services, L.P. {"7PT") as a Request for Similaz Use Determination, pursuant to Secrion 61.106 of the Saint Paul City Code (the "Code;" all Section references aze to the Code unless noted otherwise). Specifically, we request a determination that the student-oriented housing development 7PI proposes to develop in St. Paul is a"multiple-faznily dwelling" as defined by Secrion 65.116 and each suite of rooms within the project is an "apartmenP' as defined by Section 60.202 and a"dwelling uniY' as defined in Section 60.205. EXECUTIVE SUMMARY � The student oriented housing project JPI proposes to develop is a"multi-family dwelling" within the meaning of the Code because each suite of rooms is an independent unit with sleeping, cooking, and sanitation facilities for use by a gronp of individuals that meet the definition of "family." The JPI proposal is not a"roominghouse" because the "premises" that are covered by each lease includes possessory interests in kitchen facilities that are available exclusively for the use of the family that occupies a suite of rooms that ineludes sleeping, cooking, and sanitation facilities. 268633Iv2 � \ LAW OFFICES ZN MINNEAPOLIS� SAINT PAi7L� MAN%At'O� SAIDiT CLOVD AND WASHINGTON� a.C. APmlessionaltSssociation WwW.LEONARD.CAM Wendy C. Lane November 8, 2005 Page 2 PROJECT DESCRTPTION � .,s-�,-:;; ,�. ,,. ��. i JPI proposes to develop a multi-funily rental project on a 4.27 acre at the western boundary of St. Pau2, hetween Territorial Road and the University Transitway and between the Minneapolis- St. Paul border and vacated Berry Street. For the currcnt project, JPI proposes a mi�c of 2 and 4 hedroom uxuts, with an average of 3 bedrooms per unit At the proposed densities, ttus translates to approximately 150 units and 522 bedrooms, with one occupant per bedroom. Although JPI does not discruninate in its leasing, the proposed project is designed as a student communiiy, with University of Minnesota and other college students as its intended mazket. The project is similaz to the Jefferson Commons project on Huron Boulevard in Minueapolis, which 3PI developed in 2Q01. The project is also similaz to several other student-oriented hausing projects other developers have constructed around the Minneapolis campus of the University of Minnesota, including Grandmarc at Seven Corners, University Village, and Dinnaken House. For all these developers, the pmtotype for "student housing" is mazket rate or luxury multiple- fanuly housing, tailored for a student population. Specifrcally, the units, and the leasing prograzn, are designed to facilitate apartment-sharing by callege students. Although the Minneapolis Code of Ordinances does not have a specific use definitiott for this ptrototype, Minneapolis has treated each of these projects as a multiple family dwelling, rather than any of its altemative "congregaYe living" categories. To our Imowledge, there aze no similar proj ects in St. Paul. As is typical for multiple-family dwellings, the project contains several individual apartments, arranged atong corridors. Each comdor is controlled by the landlord and is open and available for use by alI tenants of the building and their guests. Eacfi apartment is separated from the common corridor by a locked door, Only the tenants of a specific apartment have keys to that door (the landlord has a master key but is allowed access to a leased apartment only in emergencies or with the consenf of the fenants}. Each apaztment is an independent living unit, with ldtchen, bath, living room, and bedrooms. We enciose floor plans for prototypical apartutent units. The following features accommodate apartment-sharing, and may or may not be found in other multiple-family dwellings: (1) In multiple hedroom units, each bedroom has a lock on its door to provide privacy and security for each occupant of the unit. (2) Itt four-bedroom and some two-bedroom uuits, each be8room has a private bathroom attached to it. In other two bedroom units, the occupants will sliare a single batbroom. (3) Eack bedroom has receptacles for telephone and cable service. Each occupant can elect to obtain service to the receptacles. The landlord does not supply telephone, television, or computer equipment, 2686331W2 • l�� � (5) (6) ��) USE DESCRIPTIONS UNDER THE ST. PAUL CODE � The student-oriented housing JPI proposes to development is most appropriately classified as a "mulriple-family dwelling" composed of "dwelling units" or "apartments" not as a"rooming house" composed of "rooming units." MULTIPLE-FAMILY DV4ELLING Wendy C. Lane November 8, 2005 Page 3 Each tenant has a sepazate lease with the landlord for the hedroom the tenant will occupy. "I'his feature makes it possible for each tenant of the apar[ment to share an apariment without becoming liable for rent payable by the other tenant or tenants in the apartment. Each tenant of the apartment rents an undivided shaze of the kitchen and living room that is pazt of the apariment and each tenant of the apazhnent is }ointly and severally liable for damages to the kitchen and living room. The landlord wiil lease a multiple bedroom unit to tenants who apply for an apazEment tagether. If a tenant who does not have suite-mates wants to lease a bedroom within a multiple-bedroom unit, the landlord will help match suite- mates, subject to approval by ail suite-mates. If one of the tenants of a multiple bedroom apartment moves out for any reason, the landlord will have the right to re-lease the vacant bedroom and its pmportional shaze of the kitchen and living room to another tenant, subject to the reasonable approval of the exisring tenants of the apartment unit. The tenants who shaze a muitiple bedroom apartment unit have the right to exclude others, including the landiord (subject to exceptions for emergencies and repairs), from the apartment. (4) �-�- : T, x :�.,. -T� <-,. ! 1 � Definitions . Section 65.116 defines "muitiple-family dwelling" as"[a) building, or portion thereof, designed exclusively for occupancy by three (3) or more families living independently of each other in individual dwelling units" Section 60.205 defines a dwelling unit as "[a) building, or portion thereof, designed for occupancy by one (1) family for residential purposes used or intended to be used for living, sleeping and cooking or eating purposes: ' Section 60.207 defines a"family" as: "One (1} or two (2) persons or pazents, with their direct lineal descendants and adopted or legally cared for cluldren (and including the domestic employees thereof} together with not more than twa (2) persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of four (4) or fewer persons living in such housekeeping unit shall be considered a separate family for the pucpose of ttus code:' zt,sbs3tvz l� ��°��� � Wendy C. Lane November 8, 2005 Page 4 4 � y s �: ` � ~ x ...�9'. � Section 60.202 of the Code de&nes a� "apartmenY' as "[a] suite ofrooms or a room in a mulriple-family dwelling arranged and intended for a place of residence of a single family." AnaIysis The JPI proposal consists of several suites of rooms ananged along common corridors. Each suite is separated from the common corridor by a door with a lock that is accessible only to the tenants of that suite, Each suite of rooms is a"dwelling.unit" and an"apartmenY' and each building 7PI proposes to develop is a"multiple-family dwellin�' as those terms are de&ned in the Code.. A"dwelling unit" is a buildittg or a portion of a building designed for use by one (1} family "for living, sleeping, and cooking or eating purposes: ' Each suite of rooms within the project will be a"dwelling uniY' because each suite will (1) be intended for occupaucy by one fanvly, consi§ting of four (4) or fewer persons, related or not, and (2) ha�e a ldtcheu and living room with space for eating, at least one bedroom for sleeping, and at least one bathroom. A multiple-family dwelling is a building that is designed for occupancy by three or more families in independent dwelling units. 7PI proposes to develop three or more buildings with fifty (Sfl) or more suites in each building. Each suite is an independent dwelling unit, with its own living, sleeping, cooking and eating facilities. Each suite of moms will also be an "apartmenY' because each suite is "arranged and intended for a piace of residence of a single family." R0011�PiGHOUSE The 7PI proposal is not pmperly classified as a"roominghouse" because the suites of rooms aze "dwellings" not "rooming units." Definitions Section 65.I71 de5nes a"mominghouse" as foIlows: "(1) Any residential structure or dwelling unit, supervised or not, wlrich provides living and sleeping arrangements for more than four (4} unrelated individuals for periods of one (1) week or longer; or {2) Any residentiai str¢cture or dwelling unit which pmvides single mom occupancy (SRO) housing as defined in [24] CFR section 882.102 to more than four (4) unrelated individuals; or (3) Any building housing more than four (4) unrelated individuals which has any of the following characteristics shall be considered and regulated as a roominghouse: a Rental arrangements aze by the moming unit rather than the dwelling unit� b. Rooming imit doors aze equipped with outer door locks or chains wluc$ require different keys to gain entrance. 2686331v2 L� �� . � � Wendy C. Lane November 8, 2005 Page 5 ��� �, :- �1�_ _ 'S�' F 'p'. : a -.., -":�s,,a ::._. � ' •.._..-. __ ,... ._ _ c. Kitchen facilities may be provided for joint or common use by the occupants of more than one (i) rooming unit. d. Roaming units aze equipped with telephones having axclusive phone numbers. e. Rooming units aze equipped with individual intercom security devices.. f. Each rooming unit has a separate assigned mailbox or mailbox compartment for receipt of U.S. mail." Section 34.07 defines "rooming unit" as"[ajny room or group ofrooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eatins rourposes. This definiflon includes, but is not limited to, guest rooms as defined in this section." A"guest room" is a"room or a group of rooms in a licensed bed and breakfast facility forming a single habitable unit which is located within the walls of a residential slructure and which is used or intended to be used for sleeping and living, but not for cookinQ or eatin� putposes and which is let individually as a unit " Analysis JPI's proposed student-oriented housing development is not a roominghouse because none of the three definitions of "roominghouse" set out in Section 65.171 applies to the JPI proposal: Section 65.171(1) does not appiy because JPI will not house more than four individuals in any • one unit. Under Section 65.171(1), a roominghouse is "[a]ny residenfial struchue or dwelling nni sugervised ar nnt, which provides living and sleeping artangements for more than four (41 unrelated individuals for periods of one (1) week or longer." If Secrion 65.171(1) is construed to mean any siructure that houses more than four (4) unrelated persons in any number of units, then every multinIe-familv dwelline in the Citv of St. Paul with more than four curits would be a roomin ouse. If Section 65.171(1) is more reasonably construed to apply to individual dwelling units that house more than four unrelated individuals, then Section 65.171(1) does not apply to the 7PI pmposal because 7PI does not propose to house more than four individuals (related or not) in any one unit. � Section 65.171(2) does not apply because JPI's proposed development does not provide for single room occupancy (5R0) within the meaning of 24 CFR 882.102, which defines SRO as "[a] unit that contains no sanitazy facilities or food preparafion facilities, or contains either, hut not both, types of facilities: ' The "muY' JPI intends to rent to each tenant consists of a private bedroom, a private bathroom ("sanitary facilities"), and an undivided interest in a shared kitchen ("food preparation facilities'�. If the City stretched the definition of SRO to apply to each of the 176 separate suites of moms within the project (yielding 176 separaYe SROs) Section 65.171(2) would sfill not apply because there are four or less residents wiUun each suite of rooms. Section 65.171(3) does not apply because alI ofthe definitions in Section 65.171(3) zefer to ' "rooming units" and "guest rooms" and the premises JPI proposes to rent are not `400ming nni ts" or "guest rooms." Under Section 34.07 a`Yooming unit" is a"room or group of rooms fomung a single habitabie unit used or intended to be used for living and sleeping, but not for cookine or eatine nurposes" and a"guest room" is essentially a rooming unit within a licensed 2686331v2 � � Wendy C. Lane November 8, 2005 Page 6 ' _ s Z-�.:aa. .,°„-� �_..� �' - .� bed and breakfast. If Section 34.07 is construed literally, and without reference to other prexnises that are included in the lease, then everv bedroom in St. Paul would be a"rooming unit " What distinguishes a rooming unit from every other bedroom in St. Paul is a"rooming uniY' does not come with rights of possession of cooldng and eaYing facilities. The units JPI propases to develop and rent include possession of an undivided interest in kitchen (and living) faeilities that are rented exclusively to the tenants of the suite, Because fhe premises that JPI intends to rent are not "rooming units" the City cannot categorize fhe suifes or fhe buildings JPI intends to develop as "roominghouses." The distinction between the possessory rights of roominghouse tenants and 7PI's tenants is more than technical. In a rooming house, tha "premises" that aze subject to the lease, and tbat the tenant has the right to possess, consist �clusively of the bedroom and, sometimes, a private bathroom. The roominghouse tenant also has a right to use the cammon latchen and living spaces outside the leased premises, but not the right to exclude others from those spaces. The landlord possesses and contcols ihe ldtchen, corridors and any common living sgaces. In the JPI proposai, on the other hand, the "premises" consist of tiie private bedroom and bathroom and the kitchen and living spaces, wIuch may be shared with up to three other tenants. The tenants of the suite togetfier have the right of possession of fhe kitchen and living spaces, including tfie right to exclude others, including the landloid, from those spaces. The landlord possesses and controls the corridors and spaces that aze common to all tenants, such as recreation rooms and lobbies. What matters here is that the "premises" each tenant will lease from JPI includes ldtchen facilities and therefore the premises is not a"rooming unit: ' With respect to the six specific chazacteristics of a roominghouse listed in Section 65.171(3), those characteristics do not apply for the following reasons, even if the City erroneously construes each bedroom in the JPI pmposal to be a"rooming nnit " a. Rental arrangements are by the rooming unit rather than the dwelling unit. As discussed above, although the "rental arraugemenP' JPI makes with its tenants allows individual tenants to enter into separate leases, the "rental arrangemenY' addresses more than the individual bedroom and bathroom. Each tenanf of a suite obtains possessory interests in, and joint apd several responsibility for, the latchen and living room within the suite. Further, unlike a trtraditional roominghouse where the tenants have no say as to who tfieir neighbors and co-tenants may be, each tenant of each JPI unit has the right to select or approve co-tenants and replacement co-tenants. b. Rooming unit doors are equipped with outer door locks or chains which require different keys to gain entrance. Each JPI suite of rooms will haue a sepazate e7cterior lock between the suite and the public corridor. Each resident of each suite will have a key to tlus exteriar lock in common. Thexe will also be sepazate door locks inside each unit, separating each bedroom from the shazed living room, which will allow each tenant privacy and security within the suite. 2686331v2 • s 1� � l Wendy C. Lane 0�' 2�� November 8, 2005 ' ,� U ;� � Page 7 c. Kitchen facilities may be provided for joint or common use by the occupants of more than one (1) rooming unit. In a traditional rooming house, the landlord provides tenants of more thau one rooming � unit the right to use a common idtchen that the landlord controis. JPI intends to lease shared possessory interests in ]atchens to suite-mates who will have the right to exclude the laudiord and others. If the Cify conshues a"rooming uniY' broadly as a bedroom, then every multiple-family dwelling in St. Paul with more than Four units with two or more bedrooms is a roominghouse, because every such mulriple-family dwelling will have occupants of more than one rootning unit sharing a kitchen. The key distinction between a traditional apariment unit and a tradifional roominghouse is the fact that in an apaztment unit, the leased prexnises includes the kitchen and liviug facilities, not just the bedroom and, sometimes, the bathroom. Because 7PPs tenants will have the right to exclude the landlord from the kitchen and living" facili4ies, the 7PI proposal is appropriately chazacterized as a multipie-family dwelling. d. Rooming units are equipped with telephones having exclusive phone numbers. Atthough IpI intends to include telephone }acks in all bedrooms, as is the case in most modem apariments, JPI does not intend to provide telephones or telephone numbers. , e. Rooming unifs are equipped with individual intercom security devices. 7PI does not intend to provide individual intercom security devices to the individual bedrooms. f. Each rooming unit has a separate assigned mailbox or mailbox compartment for receipt of U.S. mail. JPI does not intend to provide sepazate assigned mailboxes for each bedroom. . Because none of the Code definifions or characteristics of "roominghouse" apply, it is not appropriate to ciassify the JPI proposai as a roominghouse. 7PI believes its proposai falls squazely within the definition of "multipie-faxnily dwelling." Even if the City finds that the definirion of "muttiple-family dwelling" does not clearly fit the JPI proposal, JPI respectfully asks the Zoning Administrator to determine that the JPI proposal is substantially sunilar in chazacter and impact to a"multiple-family dwelling:' OTHER AUTHORITY Although Miimesota Statutes do not exgressly define "roomingl�ouse", it is clear that the State considers roomingl�ouses to be for short term, temporary tenancies, sunilaz to hotels, motels and • resorts. For example, for sales tax purposes, the 3tate of Minnesota equates a roominghouse 2686331J2 1 � l Wendy C. Lane November 8, 2005 Page 8 � yr'- `2� :+ c -�� >•,�: � :a �_. ;m�:,w�". wit1� uses such as Iodging and related services by a"hotel, ... resort, campground, motel, or trailer camp and the granting of any sunilar Iicense to use real property other than the renting or leasing of it for a continuous period of 30 days or more". Minn. Stat. 5ec. 279A.61, subd. 3(g)(2). JPI's standard lease is for a term af twelve months. For all of the reasons stated above, 7PI respectfully requests that the zoning administrator issue a detennination that tfie JPI proposal is an multiple-family dwelling, rather than a roominghouse. Very #ruly yours, LEONARD, STREET AND DEINARD ASSOCIATION «+� Council Member 7ay Benanav David Gontarek Tony Schertler Patricia James 2686331v2 l� . • n r u \ � � � � � o � � � 1 s o S"� 1 � _\ lv � V � T� � - �r -. -_'_�_..°' � �,_- y N `In 4 �:{-' . � � $ � �; � P � � � � � 9 ii � � � � � �� �� � �, � ���� R R R � 6 tl q L � ��� ���� 44'e@ ���� $�s�� $ 6 S a +`emw �. 4 F r- CM � ; �� �� "s � ��� � ,� ����-�� ' ��� � ` a �� .+�xfv.r>'V 'ffi1G4J��� 8 - w � �� � ' ��� � � r a �� ��i u � � � � � � � � � � � � V � � A��. � � �4 �.�— �I � � � i �" � � � $ CIPFh(A�tiPF+.Y � ev 3 9q� e "� � 2 2� 2 M 'pl v s,� � � ~ ������� 4�4IIV�?�C� ������� �§��}�� ���N�� v ui o n � � �� � �� PROPERTY WITHIN 350 FEET aF PARCEL: 2669 TERITORIAL � -- - -----_i ---` �7.��\ �� 5 " . 4 t A:�"�"� � �'� � o ��. _-.-'. i � -t'j `�, �-.-!� _� , f - C7 � f`t�� �' �`�� � Y� i � Q � � �� ��YL�SS ✓� I ' — � _ I � � i s � : ��/�; -"�o� ` . 2 G `' p I � �� � ' � �: I o ``` 4 :� I �. �� N _ I d�°�� ° � � , -w �; � �,�;�� � � a L � j � :�- ,�� <<,i � ; o� � -��r "�� ; ° y; 'T J�� �� ��; 4 . ��' i , �, ". , -���a,� � �;"'- o .,.:, o � ���'���_� � ,. !'� .`P � ��° � t �, � L� . in � 0 r � _ � - , � . � � / � �. ��° ' = ����� .����� : _ r �-�r�= �.� ,, ,,, ,�,�.�. _ _' s. ..-s�ti � ___ _____"___'_'_"____'_'_ A � S E �v- . � 1. �. 3. 4. 5. S. 7. 3. 9. 10. 11. 12. 13. ia. A�. 1�. �;. O � �'.,�i � � � .�i S iJ P7 Rr11' -B ATTLE C RE E IC-HI G H W U O D HAZ,E, PARK HADEN-PROSPBRI'T'Y HILLCREST tT�'EST SIAE I7AYTt>N'S BLIJFF PA1`I�tE-P�IALEN I�IORTI-I END THOMAS•DALB S U?vI I�iIT-IINI VE kS IT`�' �NES1 SEVENT�T COMQ H.9brtl,ItYE-NIID uIAY ST'. ANTHOlV PARI{ tvfERR:.A;vi PAP.K-LEiINGTON H.4h�II.IVE-51`di�LLING gL4tviLIi�(E hL�Ct1LESTER GRO�LA�tD HIGHi_AND \ St�,yih�3T HILL � �O���Tfl �Vi�� � �������� � � � _ ��0 - 4 �133 � CITIZLIV PAFTiCIPATION PLANiVING DTSTfuCT � / � �7 � � , �w L `S.'`c`"�"" - _ . �3 I . �� � � . � . 0�-�� � �� t i>��"v�iv7 � � � �� � 1 ir e � .► � � � 1. = � � ,.�� � � -��';� a + �� . � � � �i � ► � � �� � Page 1 of 1 John Hardwick - JPI Development Services Request for Similar Use Determina{f'on —��� � From: Amy Spazks <amy@sapcc.org> To: John Hardwick <Tohn.Hardwick@ci.stpaul.mn.us> Date: 12l19/2005 1:50:29 PM Subject: JPI Development Services Request for Similaz Use Determination Dearlotm: 7Le District 12 Community Council adopted two resotufions pertaining the proposed 7PI pmjeci: 1, The St. Anthony Park Canmunity Council is in ¢greement with the City Zoning Adminisfrator's duignation of Ihe JPl Sirutent Hovsing project ns a raaming hause with its larger p¢rking requiremeat. We are concernetl that ihe parinng requirements for ¢ rooming house ¢re not even suffcient forlhis project. 1. The St. Antfiony Park CommuniTy Council requests the City p[ate a moratorium os development ofstudent housing irt District 12 to a11ow the Planning Commission time to review aad determiae ihe amount ofparking and oiher amenities required for student housing. Thank you for taking these positions inio consideration and for infoiming members of the Board of Zoning Appeals of our posiuon. Please call with ury questions. Amy Sparks, Ezecurive Director SL Anthony Park Community Council Ca Say Benanav . 7aneen Rosas Fsic Galatz Lance Aanna .,� • �� fila•//('•\T�nrnmPnte anA Cettinve\HarAwici\T.�cal SPttin¢c\Temn\CTWl000n1 HTM 12/19/20(15 OFFICE OF LICENSE, INSPECPLON$ AND ENVI20NMEEN'CAL PROTECPION Bob Kesskr, Director CITY OF SA1NT pAUI. Chnstopher B. Coleman, bfayor Sanuary 13,2006 Lance Hanna . JPI Development Services, L.P. , 600 E. Ias Colinas Boulevard, Suite 1800 fi•ving, Texas 75039 COMIl�RCEBUILDING BFourth Street Eas; Suite 200 StPaul M'mnesota55101-1024 Q�-��� Telepkone: 651-266-9090 Facsimile: 651-266-9724 Web: www.liep,us RE: Administrative Review of a'deteruiivation by fhe Zoning Adminisirator regazding a proposed Residential development at 2269 territorial Road, Zoning File # OS-207033 Dear Mr. Fiauua; Pursuant to Miunesota Statute 15.99 we aze hereby extending the sixty (60) day deadline for action on the referenced zoning appficatiosan additional siYly (60) days in order to allow the City Council time to consider an appeal of the decision by the Boazd of Zoning Appeals in this matter. If you have any questions concerning this matter you may contact me at 651-266-90&2. S" C e�'�', // ` / ,�, ohn Hardwick, Zoning Specialist cc: Eric H. Cralatz, t�eonard, Street and Deinazd �� � • • AA-ADA-EEO Employer John Hardwick��- GPDOCS1-#1889856-v1-C� of St Paul_Letter.DpC �� _� �� � � � Pag'_e 1� 06-2���. RepZy to MinneapaZis Peter K Beck 612 632-3001 peter.beck@gpmlaw.cam December 16, 2005 Boazd of Zoning Appeals City of St. Paul c/o Office of LIEP $'" Fourth Street East Suite 200 St. Paul, MN 55101-1024 Re: JPIDevelopmentServices, LP RequestforDetermination ofSimilar Use Dear Boazd Members: This letter is written on behalf of our client, Colder Products Company ("Eolder"). Colder is located at 1001 Westgate Drive, immediately East of the property located at approxunately 2269 Territorial Road (the "Property'� which is the subject of the above identified appeal. This letter is to advise the Boazd of Zoning Appeals ("the Boazd") that Colder is opposed to any residential use of the Property. The Property is located in an area which is zoned and guided for indushial uses. Colder will resist any effort to allow residential uses in this industrial azea. Colder has also retained this Firm to analyze the legal issues presented by the Request for Detemunafion of Similaz Use. W e have reviewed the materials submiited on behalf of 7PI Development Services, the determination of the zoning administrator, and the relevant sections of the St. Paul zoning code. We concui with the zoning administrator's detennination that the use described in the request meets the definifion of a rooming house. �� � . tJohnHardwick-GPDOCS1-#1889856-v1-Ci of St Paul_Letter.DOC� _ . �age2 � s, ` , Boazd of Zoning Appeals City of St. Paul Page 2 December 16, 2005 Accordingly, Colder Products Company requests that the Boazd of Zoning Appeals deny the appeal. Ver9 �Y 3'��, Peter K. Beck PKB/slb cc: Brian Tumer Colder Products Company GP:1615651 �2 �� � � U CITY OF SAINT PAUL BOARD OF ZONING APPEALS RESOLUTION ZONING FILE NUMBER: OS-207033 DATE: January 3, 2006 ��-��� WI�REAS, Lance Hanna, 7PI Development Services, LP has applied for a variance from the sttict application of the provisions of Section 61.1Q6 of the Saint Paul I.egslative Code pertaining to an appeal of a decision of the Zoning Admi�istrator deteixuiniug thaf a proposed residenfial development is a rooming house rather than an apartment building in the Il zoning district at 2669 Territorial Road; and WI�REAS, the Saint Paul Boazd of Zoning Appeals conducted a public hearing on December 19, 2006 pursuant to said application in accordance with the requirements of Section 64.203 ofthe Legislative Code; and WHEREAS, the Saint Paul Boazd of Zoning Appeals based upon evidence presented at the public hearing, as substantially reflected in the minutes, made the following findings of facte The appellant is proposing to construct a residential development consisting of seven multi- unit buildings of "shxdent-oriented housing" and requested that the Zoning Aduuui.stratar determine that the use is similar to standard multi-family apartment buildings. The appellant alleges that the student oriented housing is a multi-fanuly dwelling within the meaning of the code because each suite of rooms is au independent unit with sleeping, cooldng, and sanitarion facilifies for use by a group of individuais that meet the definition of a family. The appellant further alieges that the proposal is not a rooming house because the premises that are covered by each lease includes possessory interests in kitchen facilities that are available exclusively for the use of the family that occupies a suite of rooms that includes sleeping, cooking, and sanitation facilities. 2. The Zoning Adiuinisixator, after reviewing the inf'ormarion supplied by the appellant, deternuned that the proposed use meets the definition of a rooming house, which is a use that is specifically listed in the zoning code. The Zoning Aduiiuistrator based this detezmination on the fact that each bedroom is a rooming unit within a larger living azea which inciudes a kitchen and livang room that has at least four of the characteristics of a rooming house as defined in zoning code Sec. 65.171(3) as follows: a. Rental arrangements are by the rooming unit rather than the dwelling unit. You state that a tenant enters into a lease for a specific bedroom. Aithough the lease you described allows a tenant access to an"undivided" share in a kitchen and living room, the information you provide makes it cleaz that the primary space leased by the tenant is a sepazate bedroom. � Page 1 of 3 �� File #OS-207033 Resolution ;1, ; ` . � b. Rooming unit dooxs are equipped with outer door locks or chains which require different keys to gain enirance. You state that each separately leased bedroom will have a sepazately keyed lock apart from a separately keyed door needed to gain enfrance to the lazger living atea. c. Kitchen facilities may be provided for joint or common use by the occupants of more that one (1) rooming unit. You state that tenants of the rented bedrooms would have an "undivided" share in a common kitchen. d. Rooming units aze equipped with telephones having exclusive phone numbers. Although each bedroom would not be equipped with a telephone, the intent of this characteristic is met when you state each individually renfed bedroom is provided with a receptacle for telephone and cable service. 3. The Cit�s definition of a moming house was changed in 1992, following a 40-Acre Study, in order to clarify the Code and make it consistent with State and Federal standards. The proposed housing has characteristics of both a dwelling unit and a rooming house. The agpellant states tkat this housing project has been tailored for shzdent housing, with the units and leasing program designed to facilitate apartment sharing by college students. 4. The appellant states that Uiis proposal is similar to recent student housing develapments in • Minneapolis and that they were treated as multi-family dwelling units, although he also acknowledges that Minneapolis does not have a specific use definition for this type of housing. If this type of student housing is to becoine a growing trend in coIlege towns, then it is incumbent upon those towns to develop a specific definition and standards for this type of ' project. Until such time as specific regulations are developed for this type of housing, it appears that the proposed housing falls within the definition of a multi-family apartment building. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that the Zoning Adminisirator erred in Iris deteiminarion that the proposed housing development meets the definition of a rooming house according to the proviaions of Section 61.106, and that the proposed development meets the definition of a multi-family apartment building, on property located at 2669 Territoriai Road; and legaIly described as Eustis' Addition To St. Anthony Pazk, Ramsey Co, Minn. Vac Sts Accruing & Blk 3; Ex Part Of Sd Blk 3 Desc As Beg On Wl Of & 2.02 Ft N Of Sw Cor Lot 12 BIk 3 Tl� Nly At Angle Of 8 Deg 30 Min To Right For 160.28 Ft Th W1y 23.98 Ft,To Pt On Sd Wl 162.06 Ft N; in accordance with the application for variance and the site plan on file with the Zoning Admiuistrator. Page 2 of 3 �� • • . File #: OS - 207033 Resolution M��� By: Morton S�C��ED B�: Galles � �E�vo�: 7 AGAINST: o MAI�ED: Januazy 4, 2006 t ^. _ � �a��g TIl1� LIMIT: No decision of the zoning or planning administrator, planning commission, board of zoning appeals or city conncil approving a site plan, permit, variance, or other zoning approval shall be valid for a period longer than two (2) years, unless a building permit is obtained within such period and the erection or atteration of a building is proeeeding under the terms of fhe decision, or the use is established within such period by actual operation pursuant to the applicable conditions and requirements af the approval, nnless the zoning or planning administrator grants an extension not to egceed one (1) year. �pE�•: Decisions of the Board of Zoning Appeals are fmal subject to appeal to the City Council within 10 days by anyone affected by the decision. Building perwits shall not be issned after an appeal has been t"iled. If permits have been issued before an appeal has been t'iled, then the permits are snspended and construetion shall cease unt31 the City Council has made a fina! determination of the appeal. CERTIFICAITON: I, the undersigned Secretary to the Board of Zoning Appeals for the City of Saint Panl, Minnesota, do hereby certify fhat I have compared the foregoing copy with the original record in my office; 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 January 3, 2006 and on record in the Office of License Tnspection and Environmental Protection, 8 Fourth St E, Saint Paul, Minnesota. SATNT PAUL BOARD OF ZONING APPEALS Debbie Crippen Secretary to the Board • Page 3 of 3 � ` 0 °' v �_��� MII��TI7TES OF THE MEETING OF TI� BOARD OF ZONII�IG APPEALS CITY COLINCIL CIIAMBERS, 330 CITY HALL ST. PAUL, MINNESOTA, DECEMBER 19, 2005 PRESENT: Mmes. Maddox, Bogen, and Morton; Messrs. Courhiey, Faricy, Galles, and Wilson of the Boazd of Zoning Appeals; Ms. Rachel Gunderson, City Attomey; Mr. Hazdwick and Ms. Crippen of the Of&ee of License, Inspections, and Environxnenfal Protection. ABSENT' None The meeting was chaued by Joyce Maddox, Chair. Jpi Develonment Services. LP (#OS-2070331 2669 Territorial Road• An appeal of the Zoning A@mmisirator's decision determiuing that a proposed residenfial deveIopment is a rooxning house rather than an apartcctent building. Mr. Hardwick showed slides of the site and reviewed the staff report with a recommendation to support the Zoning Administrator. No correspondence was received opposing the variance request. No correspondence was received from Distdct 11 regarding the variance request. The applicant ERIC GALATZ, Attomey at Leonazd Street and Deinard, 150 South 5'� Street, MPLS, and Lance Hanua, Development Associate with JPI DEVELOPMENT SERVICES, LP, 600 E. Las Colinas $Ivd, Irvin, TX, were present. Mr. Galatz stated that staff has presented a technical reading of the code and we intend to present an even more technical view of the code with practical implications, Mr. Cour�ey stated ttiat he cannot be the only one who does not understand the sigoificance of this and why it matters to the applicants, he requested that they explain the end result and why people caze. Mr. Galatz stated tl�at the reason they caze is that we aze at the stage where we aze ready to submit an application to rezone the property. In order to start that pmcess we need to come to some agreemenf vvit$ staff and the quesrion is what aze we? The two issues for us aze density and licensing. Tn order to be a boarding house there is a licensing review and an inspection of what should be public ldtchens. We do not have public ldtchens. The otfier impact on us is the pazking requirements. The TN3 would require one pazking space per unit the rooming house designarion would require one pa$dng space for three bedrooms, per unit, We t�ave an average of three bedrooms per unit. So we would be providing 2.5 per unit which is higher thatt an apazlment building. We aze proposing to pazk at 40%. The final issue and the biggest issde to us is the density. The code defines density in tern�s of squaze foot of site per unit. The density requirement for a rooming house is about three times the bedrooms on this site. In terms of what he thinks i� ir,teresting to thi� goap beyc,n�i ihe specific site is that trus is a building Type in a city that has eight colleges and substantial problems in at least one of yois wards, without any of this in your ci4y. There aze dormitory's on the campuses that aze inadequate to serve the number of students that you have. We all have a picture in our head of what a moming house is and there aze thirty-three of them in the City of St, Paul. All of them look like rooming houses we aze going to present in our practical azgument underlying the technical azgurrient. � � • � C� AA-ADA-EEO Employer � File #,45-207033 Minutes December 19, 2005 Page Two � �-.���. d °' Mr. Iianna stated that there are two components to our appeal one is a legal rational that what is being cailed a rooming unit in our apartment building but than gets classified as a rooming house. We say it is a bedroom in an aparfinent building. Mr. Galatz will walk through the definitions of rooming unit and dwelling unit and why we just consider these to be bedrooms within an apartment building. Secondly after our legal ra4ional as common business practice rarional there are precedents within }he twin ciries as well as within the state of Minnesota, as well as narion wide for exacfly the same type of development that we aze proposing and in none of those instances, and none of those municipaliries has such a development been designated as a rooming house, including some that aze in Saint Cloud and Mankato. So we submit as a ldnd of common business practice rafional that this is an apartment building not a rooining house. As Mr. Galatz stated a'I`N3 would require one space per unit so 150 spaces at our development and a rooming house would requue one for three occupants. That would be about 1.8 spaces per unit, 184 spaces total and we are providing 224 spaces which is more than either designarion. That is not the scope of our appeal but it has been mentioned in our documentarion as an aside. We are providing parking that is consistent with what these properties aze being parked as in Minneapolis. Mr. Aanna stated he would ailow Mr. Galatz to present their legal appeal and then he would speak about the common business practice rational for our designation as an aparhnent. Mr. Galatz presented a slide show of the packet passed out to the Board. It is accurate to say that our site backs up on some industrial property inside of St. Paul. It is bacldng up, Bedford does not go through to 88�` Street, it backs up to a parldng lot. We have Hubbard Broadcasting to the south and to the west we • aze right on the Minneapolis-St. Paul boundaries. Mr. Galatz pointed out these feaiures on the overhead slide, for the Board. North of the site is the 13niversity of Minnesota transit way, which is a very effective barrier between our site and the industrial property. He argued t1�at this is more of a residenfial azea thart an industrial azea, this is really a technical quesiion. He described the proposed development as a cluster of five apartment buildings connected by a clubhouse with party room and front office. The buildings will be four-story with wood frames. Contending that the units aze composed of four bedrooms that will be built around a Idtchen and living room or have access to a common corridor. The unit types aze very much like a tradirional apartment building. In the 80s there was a proto type of what they called a 7ack & Jill apartment that was a two bedroom apartment equivalent but instead of having a master- bedroom there would be rivo equal bedrooms so that roommates could share an aparhnent without having to fight over who got the better bedroom. There aze two types of four-bedrooms and one type of two- bedroom In the two-bedroom there is a bedroom and a bath for each resident of the apartment. In the four-bedroom there is a four-bedroom with two baths and there is a four-bedroom with four bathrooms. All of these have access to a common corridor and they have a lease that states which bedroom they will have. It is structured that way for the convenience of the market we aze building for. This does make it possible far four students to come to school together and rent an apartment and for one of them to drop out without leaving the other three stuck for the rent. � Mr. Galatz stated that an aparhnent is a suite of rooms tiiat is a place of residence for a single family. This definifion is from the Saint Paul Code. The definition of a family is four or fewer unrelated persons living in a single house or unit and that is in addition to the traditional fanuly which is any number of people related by marriage or blood. Quo6ng from Sec. 65.171. Rooming House definition. "Any residential structure or dwelling unit... the common understanding is a unit in wtvich all of the facilities of a house aze contained within." A rooming house on the other hand there aze three different definitions. /Z (a) is a residenrial structure with sleeping arraignments for more than four unrelated individuals. n� J AA-ADA-EEO Employer 0�-�� � File #OS-207033 Minutes December 19, 2005 Page Three There aze tcvo ways of looldng at tlus. If talldng in reference to this containing living units we do not l�ave more than four people living in each unit If talldng about more than four unrelated people living together we have a rooming house in every apartu�ent building in the City. The only way for this to make sense is for this to read mora tt�rart four unrelated people tiving in each living unit and we do not have that. (b) the definifion is an SRO, as definad as for more tban four individuals. An SRO is a bedroom with none or one of sanitary food preparation facilities and we aze not that because there aze not more than four in any of our units. We get trapped by semantics in the third definiYion. (c)Any building housing more than four unrelated individuals, again it references residentiat structure or dwelling unit, in the fust definition we-were tatldng abouE a structure and here we aze just faildng about the building. So again any apartment building in St. Paul would meet step one. It is not just more than fois but any one of ffiese six characteristics and every one of these six defined in how the rooming unit relates to these criteria. Our position is that we do not have a rooming unit St. Paul has a definitaon of a rooming unit, any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping buY not for cooking or eating. We are not limited to not cooldng and nof eating. We have a ldtchen and dining and living room attached to the bedroom and these aze only available to those people of fhe unit. . Mr. Galatz stated that the staff report notes that there have been some revisions to the St. Paul code since 1999. State law has a definirion oPa boazding house is a building that is designed for or used as a one- fanuly or two-fanuly dwelling where guest rooms for lodging people is provided with or without meals, for compensation on a daiIy, weekly, or monthly basis. The thirty-three rooming houses you have fall • under this(?) Lodging taac is charged to rooming houses, hotels, trailer camps they are all lransient and a temporary type of housing not one yeaz leases. Ms. Bogen questioned that the applicants agree that they aze developing housing that is for more than four unrelated individuals, but what you are saying is that you don4 meet any of those a-f? Mr. Galatz stated what he is saying is that in order to meet a-f we need to be a rooming unit. Ms. Bogen questioned that you do agree that you aze a building? With more than four unrelated individuals residing in it? As opposed to the other sections tkat talk about dwelling unifs. Mr. Galatz replied that is right. So here is my question. Here is Craltier Plaza, it is a building divided up and is multi-family. It l�as units design for three or more families. I,00lang at the defuution of rooming house under Section 65.171, 3 any building housing more tti.w four-unrelated individuals. This is a 48 unit grid he would guess it wou2d be hard to occupy. Taldng ttiat literally and go down to (c) kitchen facilifies may be provided for joint or common use by the occupants of mare than one rooming unit Ard �ing �f a tuarried couple living in a two bedroom apartment (did not understand the example broken up on tape). In this proto type you share responsibility for the kitchen and living space. Why would you have annual inspections of the ldtchens where they do not have control of the kiYchen or tha sanitary facilities or both? Mr. Hanna stated that another example is a neighbor just to the south at 808 Berry Place it is a single building with 267 units with about 432 occupants. It is ttot a rooming house it is an apartment but because it is one lazge donut shaped'building with a center court yazd and under the same rdtional because it is in the saxne super structure you l�ave 432 people all living within it. But they are all individually accessed which is what we are proposing to build as well. � � � AA-ADA-EEO Employer File #OS-20�033 • Minutes December 19, 2005 Page Four � • ����°��� Mr. Couriney stated it seems that you address the issue of the ldtchen inspections, but it is really abaut the density. VJhy does the City have a different standard for rooming houses as opposed to apariments and how.does that relate to tlus whole thing? Mr. Galatz stated fie could theorize on it but does not know for a fact the City's position. F3e thinlcs tUat a rooming house is traditionaliy a transient way of life, it is a flop house. The other uses that aze addressed under the rooming house in tem�s of their extensions, fratemiries, another kind of housing and they think that if a fratemity is associated, with the university, they figure that like domutories the university is going to be responsible and supervise. Maybe it is a concern that there might be too many of them or a concentration of them Going to the staff finding that we aclmowledge that Minneapolis does not have any bouding houses, what Minneapolis does is regulate roam occupancy that is supportiYe. They have facilities that are like your rooming houses but only if they aze in connection with people that do not Imow each other. With our facility people either come in as roommates or in terms of filiing unoccupied space they have the opportunity to fill the room themselves or leave the room unoccupied. Until either they fill it or we have someone come in looking for an apartment and we don't otherwise have any vacancies. Contending that he thinks that the City wants the lower occupancy. Of the Thiriy-three rooming houses the average age is 84 yeazs old so obviously there is a lazge conversion of these structures cutting them up into multiple bedrooms that increase the density and the nature of the population. Almost half are charitable shelters about another third are student only or members only, fraternity and sorority houses. The average rooming house in St. Paul, in the packets handed out, twelve people share a living room. Seventeen people share a ldtchen, tcvelve people shaze a bathroom and two people share a single bedroom. That is an average rooming house in St. Paul. What we are proposing it is either a two bedroom or four bedroom unit and each unit has its own kitchen and each person gets their own bathroom except for some of the four bedroom units. It is all a private kitchen and private living room for either two of four people. Tkere is no going down the hall to use a community bath. These aze tradirional apariment units. The value of the rooming . houses in St. Paul is about $51.00 a square foot compazed to our proposed $195.00 a square foot for our proposed $33,000,000 development. It seems a more common business practice markedly dissimilaz from what we tend to see as rooming houses. As well as what some of the snippets, of rooming house mentioned in state law lumping them in with a motel or hotel, RV Park or camp ground, rather than the use we aze proposing here. Mr. Wilson questioned that we start with four people living in one of these units and one moves out. Do I as one of the remaining tenants have any control over who moves into that fourth unit? Mr. Galatz stated that is what he just said. The three remaining t�ave the opportunity to bring in their own roonmiate, These aze managed with the expectation tt�af there will be a five percent vacancy rate. There will be twelve month leases to take into account someone dropping out. Mr. Wilson questioned what would happen if the tlu could not get together on the fourth teuant? Mr. Galatz stated they do some degree of matching, i�Ir, Wilson questioned but the final conh�ol belongs to you? Mr, Galatz stated that with the 550 bedrooms there are going to be 25-30 empty beds at any given moment, so they will try to just leave those empty. If J['I has a need for that bedroom at that point they would present the new person and see if they want to live together. Mr. Hanna stated that angering pre-existing customers would work against them particularly for the following yeaz when we want to rent the next cycle of leases. Mr. Galatz stated that one thing that we have not discussed, part of how these things aze managed � is that we require the pazents to sign an agreement. So they have quite a bit to say about how the building is being managed. /} _ rl J AA-ADA-EEO Employer Ob�-��� FIle #OS-207033 Minutes December 19, 2005 Page Five. Ms. Bogen quesiioned what if the three people living there decide that they want their friend Joe to move in? Doesn't he have to go through some sort of check on his credit? So the company acluaIly has final say over his moving in. The three people who live there cannot just bring anyone in and be sure that they will be living there. Mr. Galatz replied that is true and it would be true m any aparhnent building. Mr. Hanna stated that they do not resttict who is living in the units but we lmow by the location it is very tikely tfiat it is going fo be sfudents. Ms. Bogen questioned what they do with children without pazents and thirty year old students? Nir. Hanna stated that if they have an income that is suf&cient For the rent wluch is usualty abouf three times the rent then they meet the credit check Ms. Bogen further quesrioned so a student without a job and no paz'ents would not tae able to Iive in the building even if they have three hundred friends Tiving in the building? Mr. Hanua stated no, not with no income unless they hava a hvst fund Ms. Bogen suggested tt�at they might share one of the rooms and then you would have five people in the unit. Mr. Hanna replied then they would be breaking both the law and their lease. � Mr. Galatz showed slides of their building in Minneapolis and an overview of buildings throughout the state of Minnesota there aze seven in Minneapolis, two in St. Cloud and two in Maukato. Noting that they aze operated and built the same way as ttris proposed building for St. Paul and they are not designated as rooml ro houses either. Ms. Bogen — aparhnents, she has a friend living in one and the City of Mankafo desiguates them as student housing. • Every city has its ocvn designation for them. There was no opposition present at the hearing. Mr. Wilson questioned that the applicant's were clainung tl�at this program meets the states definition of whaY an apartment is but not the Ciry definition? Mr. Galatz stated that what we aze clainvng is just the opposite. We aze saying that it meets the City's definition of a multi-family dwelling, we do not think that it meets the City's definition of a rooming house because it is not divided up into rooxning units. We aze showing that the few definitions described by tha state descn'be roomuig houses as h�ansiertt and temporary housing that is equivalent to a camp ground. Ms. Bogen inquired how mail is handled at the building in Minneapolis? Mr, Galatz replied at the dwelling unit Ieve1. Tfiere are otte hundred and sixty-four units providing residents for about five hundred and sixty occupants and there are about one hundred and sixty mait boxes. Hearing no further testimony, Ms. Maddox ctosed the pubtic porfion of the meeting. Mr. Hazdwick stated ti�at he had a few comments to make that might cleaz this up a little. The impact that this decision would have on the project will impact two things. FirsY it will impact the parldng requirecL Secondly it will impact the minimum lot size required for tfie development. According his calculations if the project is determined to be a rooming house they would need to provide two fiundred s'ucty one (261) pazldng spaces and they would need to have a minimum lot size of 513,000 squaze feet If it were deteruuned to be an apaziment building they would need to provide 225 pazking spaces that is under the RM2 designation. They would also need to have a minimum lot size of 225,000 square feet. � a � AA-ADA-EEO Employer G q ��� � �- � File #OS-207033 . Minutes December 19, 2005 Page Six Under the TN2 zoning district they would have to have one hLmdred and sucty nine parking spaces and 143 units would be allowed. They would need to get a variance for any units over that. In any case, the property is currently zoned industrial so they cannot have any kind of residenrial development and there is no guarantee tt�at it is going to be rezoned to anythiug. Ms. Bogen questioned staff whether LIEP planned to appeal the decision if the Board voted against them? Mr. Hazdwick replied no. Ms. Gunderson stated tbat she is not sure that LIEP has the power to appeal it would have to be citizens or a group of citizens. Ms. Bogen questioned that the Zoning Administrator cannot appeal? Ms. Gunderson replied she does not thuilc so. Ms. Maddox questioned whether Mr. Hardwick had more to add. Mr. Hardwick replied that he was jusf handed a note saying that 3 x 261= 784 beds. Stating he did not understand the significance of that. Mr. Galatz stated that Mr. Hardwick had stated that there were 261 pazking spaces would be required and he believes that the requirement is 1 for three beds. Mr. Hazdwick replied it is 1 parking space for every 2- beds. Mr. Galatz stated that is very different from the informarion they have, does it very with the zoning district? Mr. Hardwick replied yes. Mr. Galatz stated that they would request the rezoning to the dishict that would require 3 per bed. Mr. Hazdwick stated tl�t he had given the applicants what would be required for both the RM2 which is the first zoning district that Yhis ldnd of development would be allowed in. He also gave the requirements for a T'N2 district which would require 169 pazking spaces. � Those are the two examples that he has given the applicants and had tried to make it cleaz that depending on how the properry is rezoned those requirements, wiil change. But this determination will be affected regardless of how the properiy is rezoned. Ms. Bogen quesrioned whether what the Zoning Admuiislrator had done, if this was a"similar use deteiniination?" Because this is not like anything we have on the books so it is more similar to a rooming house than to an aparhnent so we aze going to deal with it as a rooming house. Is that what a similaz use means, which is how the letter from Ms. Lane sounds? Mr. Hazdwick replied basically you aze right, however, there is one litfle technicality until recently the detennn�ation of similaz use was decided by the Planning Commission. The new code says that the Zoning Administrator may determine whether or not a use is similar to a use that is akeady pernutted in the code. In this case the Zoning Administrator said this is a rooming house. ff there was nothing in our Zoning Code that fit this definition then it would have gone back to the Pla.imuig Comtnission to make that deternunarion. But the Zoning Admniistrator decided that this is a rooming house. Ms. Bogen questioned but it is not similar to one it is one? Ms. Gunderson stated that is correct, the application was for a similaz use to a multi-family residential and essentially she denied that similaz use deternunation, because she found it to be a boarding house. So there has been no similaz use determinafion. Ms. Gunderson stated she wants to make the point to the Boazd of the importance of a similar use deternunation it is effectively amending the code. So any ldnd of building of this nature or any building converted to somethimg of this nature would then be considered mulri-family which is RMl is that correct? Mr. Hardwick replied anything of this density would be considered RM2, but you are correct a rooming house is first pernutted in a RMl district. Ms. Gunderson stated that when the Board is considering this they need to consider a pretty strong precedential value. Everything t]ie Board does have a ptecedenfial value. This is tantamount to almost amending the code. � • � AA-ADA-EEO Emplayer File #OS-207033 Minutes December 19, 2005 Page Seven ��-��� Ms. Bogen moved to deny (support the Zoning Administrator) the appeal and adopt staffs recornmendatioa and resolurion based on fmdings 1 tbrough 4. Ms. $ogen confinued tfiat because this would be almost maldng a change to the Zoning Code she feels that it should go to the City Council rather than the Board. 1VIr. Galles stated he is going to vote against the motion he £eels that this could go either way and he azgues that the Zoning Administrator did es in their interruption. He stated he is very familiaz with this type of arraigument and although he imderstands the impact he has had friends living in this type of arraignment. Thay aze pretty good at managing this type of building and it is an apartment. He feels ttiat this is a great devetopment for that site. It is on the hansit way, if will be a block ox fialf a block offwtiat we hope will take students to the University of Mimiesota, tlris is a transit oriented development and although he does not lmow what the parldng issues aze or i£ it will come back. Noting that most of the time he was a student he was on a bike or his feet and he feels this will be a vatuable development with the type and quantity of tlais ldttd of development that needs to occur to have this take place, it is not going to be a flop house. When he read this case that is the first thing he thought of with the rooming house, there is one down on West 7�' Street, he Imows exacfly what it is and how it runs. He would not want another of those in the City or the State and that is not what this is. Ms. Morton stated she is also going to vote aa inat this as well. She thinks there is no question what this is, it is an apartment, it has its own ldtchen and bedrooms it is not a zooming house at all. Mr. Wilson stated that it is not a question of whether it is good or bad the question is does it meet the definition of what the Adnvnistrator thinks it does. Ae admits it would be great to have something like this but the question is if he understands it correcfly is "did the Zoning Administrator inYerpret correcfly that it fit a rooming house definition?" He said yes it did and that is what we are discussing. Mr. Faricy stated he is familiaz with this type of building. His office looks out over the lazgest of these buiIdings on the University Campus. He questioned whether there would be any retail in this building? Mr. Galatz replied no. Mr. Faricy stated that these aze not rooming houses, to say that these are rooming houses, becausa that is the only thing we can fit it into the code, it does not fit its self back into a rooming kouse. He fliiuks that tha Zoning Administrator did err in the determ that this is a rooming house. Mr. Faricy questioned Ms. Bogen what way she was voting? Ms. Bogen stated she is supporting the Zoning Adnunistrator. Mr. Faricy state he could not support Ms. Bogen, Mr. Wilson stated he is renting a room in this building"with Idtchen and living room added to it. So basicaIIy he is renting a room with added privileges. That is what the Zoning Adnrinistrator is saying. You aze not renting an apartrnent you are renfang a room that has ldtcheri and living room privileges. Ms. Bogen stated she agrees wifh Mr. Wilson, she does not see ttris as an apaztment, she sees this as a dormitory. It has to fit somewhere and it fits more closely to a rooming house than an apariment. � • Mr. Har@wick stated he would tike to remuid the Boazd members flris is not about that site being close to \ transit and the college. It has nothing to do with whether this is going to be a nice proj ect or not. � Regarclless of whether the Boazd opposes the Zoning Adminislrator it does not mean that this project ^ • �� AA-ADA-EEO Employer ������ File #OS-207033 — Minutes December 19, 2005 � Page Eight does not go forward. It means it goes forwazd under a difFerent set of standards. This is not about the site. This is not about the project. It is not about Mr. Galles, or JPI. Tlris is a literal interprefation of the Zoning drdinance. Tt�at is all that this Boazd is considering here. Not whether this is a nice project. Not whether this a nice locafion. But as Commissioner Bogen and Commissioner Wilson pointed out, we are talldng about a literal interpretation of the Code. Mr. Hardick stated he wanted to renvnd the Boazd of Legal Council's advice about the seriousness of the impact you aze going to tnake here. Ms. Maddox requested that Mr. Hardwick eacplain the control of the kitchen from kus view point. Mr. Hardwick stated ttiat the Zoning Administrator looks at this through that part that says "if it meeYS any of the four following conditions it is a rooming house." It meets four of those condirions. The Idtchen does not have any unpact on this decision. Each bedroom is considered a rooming unit under our definition. So what you have are 522 rooming units dispersed in 7 buildings. You don't have 150 aparhnents you have rooming units. Each unit is separate. Each room has a separate lease. Mr. Galztz was fine pointing out all the various state rules and regulations for licensing, however, he studiously avoided pointing out the Zoning Code and the Zoning Code is what you aze considering here. He suggested that the Boazd again review those Zoning Code citations and definirions. Mr. Coudney questioned if he is a tenaut here how many keys does he need to get to his room? Mr. Hazdwick replied probably about three. One to get in the building, one to get in the aparhnent and one to get in the room. • Mr. Galles stated that none of these things matter, he has been in these things and they are apashnents. Mr. Galles stated that is what he is going to agree to. Ms. Bogen stated that she is looldng at the Zoning Code which defines a rooming house and that is what we are supposed to be looking at, not anything else. Secrion 65.171 says that a rooming house is any building housing 4 or more people that has one of the following things: Rental arraignment are by the rooming unit rather than the dwelling unit. Rooming unit doors ue locked and require door locks or different keys to gain entrance. Rooming units are equipped with telephones having exclusive phone numbers. They aze offering that you can go on the intemet and have cable so she assumes that each rooming unit will have its own separate phone number. 11aat is three but only one is needed to make fhis a rooming house. Ms. Bogen stated that because of that this falls under our code as a rooming house. There is no definition of student housing yet in our code. Some of the other cifies do and maybe that is the next step for the City Council to look at if it is a growing h to build this Idnd of units. But right now it definitely is a rooming house under the definition in our code. Mr. Faricy questioned the vote and what a"yes" meant. Ms. Gunderson stated that what you aze voting on is a denial of the appeal. So a"yes" vote is a yes for what Wendy Lane wrote. No means you disagree with Wendy. Mr. Wilson seconded the motion, which failed on a roll call vote of 3-4(Faricy, Courtney, Galles, Morton)_ Ms. Gunderson stated that if the Board intends to gant the appeal then the Board has to make specific �� • findings about where Wendy was wrong, what is wrong, and why it is wrong. You also have the option AA-ADA-EEO Employer 0�°�`�' � File #OS-207033 Minutes December 19, 2005 Page Nine- under the code of conditioning the approval of the appeal on a rezoning, and it is only effective if they get the rezoning, Mr. Galles moved to grant(finding that the Zoning Admiuisirator did error} the appeal and resolution based an &ndings 1 through 4. Mr. Cralles questioned Mr. Hardwick about the first fmding requesring clarification of the finding stating he is not sure wl�at ihe determination was in that finding. 1�Ir. $azdwick pointed out page 33 of the packet. That is the Zoning Administrators letter determining that this was a rooming house. That detemunarion was based on the four findings on the next page 34, those chazacteristics define this project as a rooming house. What the Boazd needs to do is find that those fmdings aze inconect and state why they are incorrect. Mr. Galles questioned findings 1-4. Mr. Hafdwick replied a,b,c, & d on page 34. Mr. Courtney stated that he would try a& c, it seexns to him that with regard to "a", what they have here is a dwelling unit because they have access to the bedroom along with all these othar shares, so he thinks they aze wrong and it is a dwelling unit. He stated he has not read all of the statutes and he is trying to stay away from the whole thing. It seexns to him that if the Boazd just looks at finding "a" which is the difference between a rooming unit and a dwelling unit, it is a dwelling unit. In finding that it is not a rooming house our position is that it is a dwelling unit because in addifion to the room it gives them full access Yo these other faciliries that make it a dwelling unit as opposed to a room. Ms. Bogen stated tfiat all four of the findings have to be found wrong. Mr, Courtney stated he is just doing one and will now work on "c". Ms. Mozton ques4oned Ms. Gunderson why the Boazd must fmd tfiat all four fmdings aze wrong. Ms. Gunderson instructed because the wning code provides that if any of those condifions is met t1�an it is considered a rooming house. 'I1ie Zoning Administrator found tt�at those wera the four conditions that were met that made it a rooming house. What the Boazd is doing is overharning the decision of the Zoning Aduunistrator, so you need to find that the Zoning Administrator erred in each of those ways in order to find that this is noY a rooming house. Ms. Bogen stated because if she is right in just one of those findings it is a rooming house. Mr. Galles questioned whether we could then determine tk�at lus house is a rooming house? Mr. CourWey stated you don't rent the rooms out. Mr. Galles stated we coutd. He could doubie up the boys and rent them out. Mr, Courtney stated that your bedrooms aze not rooming units. Mr. Faricy stated that Mr. Couriney was addressing the idea that starting right at the beginning the word dwellmg unit makes the entire sentence non applicable because we do not have dwelling units the rental atrangements are by rooming units. Mr. Courhiey contends that it is a dwelling unit that is why the Zoning Administrator is wrong. Ms. Bogen stated that the building houses more than four people. Mr. Wilson stated you don't rent the dwelling unit you rettt the room and the other is just a benefit. • • � O • AA-ADA-EEO Employer File #OS-207033 ' - � ;�; a � �-; � Mimxtes December 17, 2005 -. � Page Ten Mr. Couriney stated it is not like the pool outside it is sometfiing you have an absolute right to. Mr. Wilson stated it is an amenity that comes with the room. Mr. Courtriey questioned the bathroom too. Mr. Wilson replied yes. . Mr. Courtney stated thaY the distincrion is that you k�ave an undivided interest there, locked setting right outside there and no one else is coming in to use it except for these three other people. That is why this is an apartment and not a rooming house. Mr. Wilson stated that the applicanPs testimony said that they aze renting you a room with these other amenities. They aze not renting you the whole unit. Mr. Couriney azgued t1�at it is just like a common azea that the three of you have the right to. Mr. Wilson stated he bet he could not rent it for less if he did not want those ameni6es. Mr. Courtney stated no you cannot you have got those amenities and that is why it is a dwelling unit and not }ust a room. Mr. Wilson stated he is not xenting those amenities, I am renting the room pursuant to theu testimony, the ameniries come with the room Mr. Courtney contended that he is following the 7oning Adnvnistrator's rational which is right below her findings. Which is they have an undivided share in that ldtchen and living room and they will use it with these other three people and no one else is going to use it with them because no one else can get in that door. Mr. Courtney stated that with regard to "b", we have two different doors here, it says rooming units are equipped with outer doors. The unit that is really locked is outside by the hall. Anyone of these four can get in there. He disagrees with this because the real lock is the one that locks the aparlsnent. Not the separate room. To him what it looks like is that no one trusts anyone anymore in this world so we have a • four bedroom apartment that allows you to lock your door so nobody steals anything, But fundamentaliy the real lock is the one outside the apartment is cominon for the four people. Mr. Courtney read Idtchen facilities may be provided, he does not lmow what "may" means. They aze provided so again it is not an option it is, they are provided. You have one fourth of that lcitchen facility. It is not a"may" it is provided and that is the distinction. Ms. Bogen quesrioned so you agree that the kitchen facilities are provided for joint or common use for the occupants? Mr. Courtney replied "of rooming units," but these aze not rooming units. Mr. Couriney stated it is all one Uig complex. Ms. Maddox clarified you are hying to say for each dwelling unit. Mr. Courtney agreed with Ms. Maddox. Mr. Galles stated that he would argue that he thu�ks the Zoning Adminisirator has erred in that each of these is a dwelling unit not a rooming unit. Continuing, rooming units are equipped with exclusive numbers, he does not remember any reference to any telephones. Ms. Bogen stated it was in the applicant's handouts that each bedroom wouid be equipped with internet access. Mr. Couriney stated again a rooming unit and he believes it is a dweiling unit. Ms. Bogen stated if it is sepazate access it is four different phone bills, but she supposes that happens in families as well. Mr. Courtney stated he would azgue that it is inaccurate because it has been determined that it is a �� • dwelling unit. AA-ADA-EEO Employec File #OS-207033 Minutes December 19, 2005 Page Eleven � J h" n �3 "-�y..�',. Y �fb� c-r a� ,� � � Mr. Couriney seconded the motion, which passed on a roll call vote, (Courtney, Galles, Morton, & Faricy voted yes for the reasons that it is a dweliing unit not a rooming unit),of 4-3(Bogen, Wilson, Maddox). Submitted by: John Hardwick Approved by: Gloria Bogen, Secretary • ��• AA-ADA-EEO Employer C-� • -� �- erziflirs$Q�mLity far�mrC�mincrs December 14, 2005 ,_, � _. v VIA Hand Delivery to John Hardwick City of Saint Paul Board of Zoning Appeals CrrY OF SAtrrr PAtn, Department of Licensing, Inspections, and Environmental Protection 8 Fourth Street East, Suite 200 Saint Paul, MN 55101-104 Re: Overview: JPI Development Services AppeaZ of Roominghouse Designation Case #OS-207033 Deaz Members of the Boazd of Zoning Appeais, Thank you fot considering our appeat of the "Roominghonse" designation assigned to our proposed 150-unit student-oriented apartment rental development at the intersection of Berry Street and Territorial Road, between the University of Mannesota Transitway and Hubbazd Broadcasting. JPI's request for a"Multifamily" designation is based upon both a legal rationale and a common business practice rationale, as ouflined below: 1. The [egal rariona(e is based upon the assertion that the proposed development does not meet the definition of roominghouse because: a. L:a No more than four individuals will inhabit a dwelling unit (some dwelling units contain 4 bedrooms, but no more than 4 individuals will occupy that dwelling unit); the definitions of roominghouse per the code state "more than four (4) unrelated individuals...", and While an individual building will contain multiple dwelling units and thus contain "more than (4) unrelated individuals", so do most apartment buildings in St. Paul. This legal rationale will be explained graphically during our presentation to you. • 2. The common business practice rationale is based upon the following assertions: a. The 33 roominghouses in St. Paul are markediy dissimilaz in several material respects: The average roominghouse age of construction is 84 years; the proposed development wiill be new constructian The average assessed value of the roominghouses is $573,000 ($51 per square foot); the proposed development AV will be $33 million ($195 per square £oot) The average bathroom sharing ratio is 5.7 occupants per bathroom; the proposed development will serve 1.3 occupants per bathroom The average idtchen and living room sharing is 8.6 occupants per kitchen and living room; the proposed development will provide private kitchens and living rooms within every dwelling unit (2-bedroom units and 4-bedroom units) � � City of Saint Paul Board of Zoaing Appeals December 14, 2005 Q�-��� �- - .,��. �a b. Mazket forces dictate leasing the units individually per person — this relieves parental guazantors of risk if a roommate of their studenY-child cannot pay his or her shaze of the rent. Thus the risk is shifted from the parent to the znanagemen� c. Market forces also dictate pxoviding outer door locks on the bedroom doors, as an extra inner Iayer of security for the residenYs belongings. d. Within the state of Minnesota, at least 10 student-oriented apartment properties in three different municipalities (Minneapolis, Mankato, and St. Cloud) praciice the same leasing and management procedures above yet aze not desienated as rootnin ouses. e. Nationwide, JPI's 26 student-oriented properties spanning 19 states have all been designated as multifamily dwellings, not roominghouses. This common business practice rationale is outlined in the attached handouts. Thank you for your consideration, and we look forwazd to discussing this appeal with you during our presentation on Monday, December 19`�. Sincerely, 7 Lance Hann Senior Development Associate — JPI Development Services, L.P. cc: David Jones, General Counsel — Hubbazd Broadcasting Bmce Hagerty, Directot of Purchasing and Building Services — Hubbazd $roadcasring Eric Galatz, Shareholder—Leonard, Street, & Deinard P.A, � ` � C� • �,. . , � 4M - , r` € � � � ; t 77 . ii � � J , � _. 1 ; 4 ;. i, _�..___� .. u ` � il<� . . _Re:<_..;�.. ��� V }� l � � � � � � 0 � � � �► • `� d1 � o psy a � 0 � � .�, � 0 � M � � s� � . p.,� � � � � � a� � � � � � � � � ° � � O �" � � � � � � 0 � � 0 � � � "� � � � •ry 0 0 � �� � � .v � � 0 � � � � 4, � � . � � - � � � � � - T � � � _ � •� . - . . ..: . .. � ._ _ _ . - � _ _:, , . . , - .� , � ' . �i - . - �- � . �_ �: ' � � . / !���1 W � � . r C� � � � �� .� � N � � �� � � � � � .� v � � � � � � � � � , "�' %� �- � • �•r„ �a .cs��.� �s= __ � ' y �'+. _ F . y e, _ � � � `���'�� ��°� _ ` . t �� ��� � ;� :x "� � ; r j �� ,� '— � r- ,s�� � ' f� f � � �� I.�i " ti;, �� �..`` �e+��� � � � � Y.: 3 i rtye g ' v �I ��' € t r �, s ��' . ���� � � � � . �� � �� i a,*' ,LL � ., ��Y �� S ;.��� . -s, . y :j ���, � h ` � F '.`� , �� �, 3r � � ��`��ste � �, ,, � "� '° �� r.` ` >�yµ�.:. ..��„ t� �i � '� ,. � i - r` � p � _ � r � �� � . .. ��> �. � �. 1 � `- :.� ;� �' �` � ., _. ,�,.,.a.-. . . - . _ �` #`>N,� `' �"���� � � ��"� :��� � » � 'a � . vy .p Y �f : �:' 1 Y � dj' '�.�£ � f 3��� �:,� ^h �� ; .�� y .�;�= �� ��- ���� § a zp:�; �:,ti � �` .,�4;... �.r �_� � '�F. �� .,�:'� �� �i� � s ' '� :� � 2�' . . �� �r� - �� . ���.� � � � �.. �.�+ �,, � -� �ti �i�' '� r, -' (� - � a.� >' �>�,.i .� ;. +y4" "l�.�t���� ;�a,��, `!,+ � �3x� d�� Fi e _ � � �z : � �" � ... , �. �.. . �� � �� � °`��''� � � ��� � � '����� -,, �..- F � _ ., � � �� � J ��� � �`' ;-4� � 9��� < <. __ - - ���� � �r� � .�:�:� � = i ��`��' � �` � � �� ��� �� .���.� , I �� � . �.;v,�N� � �_ �� �� _ �� � ' ' � � �. s,�% ¢ � �' . � . � �� � � � ,� �,, � � � �� , : a�� � x 3�� 3 - �_� ' _� -� .,=��' -�" ,� - � ,�, � � i �� 3� �' F �, �f,� � � . 3 a,°� S .._ � S .. . .. .. 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O bA .� � � '--a O .� +.� � � � � \�/ O � � � O +v � ° v +� .N O +v � � O � � 0 O O .� � � � .� U O � .,..i � � � C� � Y C� � � � C� -i--� � � � C� � r---� ✓ r1 � � � C'C3 .w.i � � � � 0 � � .� � .� '� L/� . � � � � CC� N V / . � � � m � r � �' � � O b!J �N .� ��„d u U�°��s b � � � 3 � � � .� � � � N cd '� �, .� � � � � � O � O � ., 'z3 `+-+ b�A � p U °� o � o � 0 0 .�, � � N � � � � � � U b�A lrj '� O � '. � � U � � � � 3 � O r � - � M �I � � i�i � c� U �� o � o � .� � � � � � � � v� CC3 .,� U c� � �' � O � � O � � � � � � v .'� � � ^ . � ti � � � � � ,� O ' �.., `4� �� � � •� � � � �� � � � �E • • s �t�, �I ( 06-29� District 6 Planninq Council Saint Paul, MN 55117 651-488-4485 district6Ca�popp. net February 15, 2006 To: Council President Kathy Lantry and City Council Members From: District 6 Planning Council RE: 2669 Territorial Road The Land Use Task Force of the District 6 Planning Council met on January 25, 2006 and unanimously decided to support District 12 Planning Council's appeal of the Board of Zoning Appeals finding that the property located at 2669 Territorial Road is an Apartment Building rather than a Rooming House. The Zoning Administrator determined that this student orientated housing development is a rooming house and is specifically listed as such in the zoning code, Sec. 65.171 Rooming House subparagraph definition (3): (3) Any building housing more than four (4) unrelated individuals which have any of the following characteristics shall be considered and regulated as a rooming house: • A-Rental Arrangements are by rooming unit rather than dweiling unit. Individual tenants sign separate leases for each rented room, rafher than a lease for an apartment of multiple bedrooms. While each tenant is granted a share in a shared kifchen and living area, the nafure of the rental is clearly that of a room, sharing common living space with ofher fenanfs. This is in fact a room �ental with the use of amenities. . B-Rooming unit doors are equipped with outer door locks or chains which require different keys to gain entrance. Each rented room has its own lock for each tenant and an outer lock to access the shared living/kitchen area. The norm for apartment buildings if secure is to have a key for fhe main door as well as a key to a specific apartment, normally there is no key needed for individual bedrooms. • C-Kitchen facilities may be provided for joint or common use by occupants of more than one (1) rooming unit. Tenants ofrented bedrooms by the lease are granted an `undivided share' in a common kitchen. In practical terms, this c/early constifutes kitchen facilities for common use. . D-Rooming Units are equipped with telephones with exclusive numbers. While not provided with a literal telephone, each room is provided with its ! � � _ own receptacle for separate telephone and cable service, meeting the material intent of the definition. We would at this point note that while we believe all four of the above conditions hold true in defining the property as a rooming house, only one is required to define the property as a rooming house. To be effectively labeled as an apartment building, all four would have to be demonstrated false. It does not appear that this was accomplished when the BZA voted to overturn the Zoning Administrator's findings. Furthermore, the ability for the owner to lease out a bedroom at will with no required input from others clearly shows this to be rooming house. Through no stretch of imagination would an apartment building owner be granted that much leeway, but the owner of a rooming house, would be allowed to rent rooms as they saw fit. Therefore, District 6 asks that the City Council upholds the Zoning Administrator's original findings and that of the Appeals Staff Report that this development is a rooming house and is in no way an apartment building. Thank-you for your consideration of this matter. ��� LEONARD STREET AND DEINARD February 15, 2006 VIA MESSFNGEA St. Paul City Council St. Paul City Hall 15 West Kellogg Boulevazd St. Paul, MN 55102 Ij0 SOUTIi FCFiH SiREET SUTTE 2j00 MINNEAPOLIS� MINNESOiA 55¢02 6 xa'335 - =5� M�"� 6 xzg35-s657 � 0 b-29�. Eiuc H. Gac.nTz 612-;35-li09 Dtt�cr ERIC.GALATZ a�LEONARD.COM RE�� FF B 1 C��"�ci s ?pp6 < E try � Re: JPI Development 5ervices, L.P.—Jefferson at Berry Street Development Zoning File No. OS-207033 Dear Councii Members: We represent JPI Development Services, L.P. ("JPP'), the respondent to an appeal filed by the St. Anthony Community Council ("S APCC"). SAPCC is appealing a decision by the St. Paul Board of Zoning Appeals, which determined that JPPs proposed Jefferson at Berry Street Development at 2669 Territorial Road, meets the definition of an apartrnent building ratlAer than a rooming house. This appeal is listed as agenda item 41 for the Wednesday, February 15, 2006, meeting of the St. Paul City Councii. In addition to those materials contained in the staff report and our letter dafed Fehruary 1, 2006, we thought you would find the enclosed site pians and "Jefferson at Berry Street FAQ SheeY' helpful in answering any questions that you may have regarding this project. The underlying question in the.appeal is whether Jefferson at Berry Street is a rooming house or an apartrnent building. We are confident that after reviewing the materials the Councii will agree that the Board of Zoning Appeals conectly determined Jefferson at Berry Street is an apartrnent building. Very truly yours, LE ARD, S T DEINt1RD �–L; ric H_ ala EHG/lao Enclosures cc: Mr. Lance Aanna 2722264 3 LAW OFFICES IN MINNEAPOLIS� SAIN2 PAUL� MANRA20, SAINT CLOUD AND WASHINGTON� D.C. 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JPI is purchasing the properiy from St_ Croix Partners, L.L.C., which is an affiliate of Hubbazd Broadcasting. The density and unit mix for the proposed project will be similar to University Commons (formerly Jefferson Commons) in Minneapolis, which was also developed by JPI. 7efferson at Berry Street will have 150 aparhnents housing 552 residents at a density of 35.12 units per acre. Jefferson at Berry Street will consist of four-story wood frame construction with 176 surface pazldng spaces and 49 detached garages. Weis Consriuction will serve as the General Contractor as they did for University Commons in Minneapolis. The apartments will be a combination of two and four bedroom units, with an average occupancy of 3.68 residents per unit. The apartment units are suites in which each tenant will lease an individual bedroom and an undivided portion of the ldtchen and living room. Most apartment units will include a private bath for each resident. Some four bedroom units will have two bathrooms to be shared amongst the four tenants. Who is JPI Development Services, Inc.? JPI Development Services Inc., is a multiple-family residential developer and has built over $4 billion worth of non-student-oriented communities spanning 26 states and over $1 billion worth of student-oriented communities spanning 19 states. Within Minnesota, JPI has built Jefferson at Plymouth (330 units built in 2002) and Jefferson Commons- Minneapolis (164 units built in 2002). JPI provides two categories of communities oriented towards either students or non-students, generally, but it never restricts its units to anv renter tvpe. JPI builds its apartment communities to Iong-term institutional inveshnent standazds estabiished by its equity partner, GE Capital, as well as the other insritutional investors that it works with. JPI builds its communities with the intent of managing and holding them as assets suitable for conservative long-term investors, such as pension funds and real estate inveshnent trusts (REITs). In some cases, JPI will seil its completed developments to investors with snnilar objecrives, as it did with University Commons. JPI sold University Commons to Evergreen Development and the property is now managed by Real Property Systems, a professional management group that operates similar properties throughout the counhy. (See www.realpropert l+�e.com). What is the history of the site where Jefferson at Berrv Street will be located? The site is located between Territorial Road (south) and the University Transitway (north) and the Minneapolis-St. Paul city line (west) and Berry Street (east) and totals 4.27 acres in size. This site is the former Schnitzer Metals facility, a formerly heavily polluted Superfund site. St. Croix Partners, L.L.C., originally acquired the property for t� � development of offices and studios for iJnited States Sateilite Broadcasting in 1997 and cleaned up the land to residential standards, in part with tax increment assistance from the City of St. Paul. Subsequently, USSB was acquired in 1999 and St. Croix Pariners did not proceed with its planned development. In the seven yeazs that St. Crovc Pariners has been mazkering the property, the only interested purchasers of the site have been residential developers. Despite its best efforts, St. Croix Partners has been unable to sell the property since it went on the mazket in 1999. Mazketing efforts include (1) assembling a team headed by real estate broker GazfieId CIazk that inciuded market reseazchers, planners, architects, and appraisers to identify potential uses and seek prospecrive purchasers for the site, (2) seeking proposals to use the site for the University EnteTprise Laboratories, and (3) entering into a purchase agreement under which McGough Development spent one year hying to develop interest in the property for development of an office park. During that yeaz, McGough Development invested about $250,000 in architectural plans, mazketing materials, and seeldng tenants or purchasers for the proposed development, without success. Over the years, St. Croix has had discussions with several local industrial, office and housin� developers. The only parties that have shown interest in the properry, other than McGough Development, have been residenrial developers. What is the relationshiu between JPI and Hubbard Broadcastin�? In April 2005, JPI entered into a purchase agreement with St. Croix Partners, L.L.C. (an affiliate of Hubbazd Broadcasting), for purchase of the site with the intent to rezone and develop the property for high-density residentiat use. Under the purchase agreement, JPI has the right and obligation to proceed with the application far rezoning. Hubbard Broadcasting owns and wiil continue to operate its television broadcasting business from the property immediately south of the site. St. Croix Partners owns the property to the west of the site in Minneapolis. St. Croix Partners intends to conshuct a pazking lot on approximateIy one acre of that property, to replace the parking lot that is cunently located on the site JPI intends to develop. JPI has the right to purchase the Minneapolis portion of the St. Croix Pariners property at a later date and JPI intends to develop the Minneapolis side of this property with a similar student-oriented residential development. St Croix Partners also owns (and will continue to own) the southern half of the vacated right-of-way of Territorial Road and will provide JPI with easements for access to the site over that portion of vacated Territorial Road. Why should this site be used for student-oriented housing? This site should be used for student-oriented housing because: (a) there is a strong market demand for this type of housing; (b} student-oriented housing is the highest and best use of this formerly polluted land that has been remediated to residential standards; (c) this site is lazge enough to accommodate the proposed density; (d) this site is located neaz University Avenue transit, the University of Minnesota Transitway bicycle path, and existing and planned retail development along University Avenue. 0 b� �� � • To meet a strong market demaxd for higher-quality, professionally managed student-oriented housing. JPI's market research has determined that there is an average occupancy rate of 98% for rental properties within ttus trade azea This indicates that housing conditions are not in equilibrium. The University of Minnesota—Twin Cities campus continues to attract disproportionately favorable enroliment demand: over the past decade, freshman applications to the Twin Cities campus increased by more than 70 percent while the number of high school �raduates in Minnesota increased by only 20 percent. Yet only 6,400 students live in University-owned or University-leased housing (13% of totai enrollment, 22% of undergraduates). No new dormitories aze planned for the Twin Ciries Campus. JPI has targeted the remaining colleges in St. Paul to mazket to customers for the proposed development, including St. Thomas University, which is 2.4 miles away from the site (approx. 3,200 students residing off-campus), Macalester University, which is 3 miles away from the site (approx. 400 students residing off- campus), and Hamline University. A research paper issued by University IINITED in December 2001, titled "Student Housing Options in the Midwa}�' corroborates JPPs identification of an underserved student popularion in St. Paul: "The student housing shortage in the Twin Cities makes it more diff cult for students to attain a high quality residential experience in close praximity to campus at an affordable price. As students become less able to find housing near campus, they tum to locations that are distant from their college - often less desirable locations. The current housing shorfage has Zed to a general increase in the cost of all housing, including off- campus rental housing. This, in tum, increases the likelihood of overcrowding as students try to keep down their housing costs by bringing in addifional roommates. " • The site is ideal for transit- and pedestrian-oriented development for students of the University of Minnesota and the several private co[leges within St Paul's University Avenue Corridor. JPI identified the site as an attractive site for mid- to high-density (40 units per acre) student- oriented residential development because (1) it is located midway between the Minneapolis and St. Paul campuses of the University of Minnesota, adjacent to the University of Minnesota Transitway, which provides off- street pedeshian and bicycle access to those campuses, (2) it is one block north of the University Avenue transit corridor, which currently has excellent bus service to the University of MinnesoTa, Hamline University, Macalester Coilege, St. Thomas University, both downtowns, and everything in between, and (3) the transit choices wili be further improved by light-rail transit in the near future. The location along the University of ��� o b _ �. �.: x. Minnesota Transiiway also holds out the possibility of express transit service to both University of Minnesota campuses. • The site is surrounded by historica[ residential development and recent residential redevelopment JPI was also attracted to the site by the existing residential development azound the site, including the successful residential redevelopment of environmentally contaminated industrial land two blocks south (below University Avenue), sandwiched between Trunk Highway 280 and the Minneapolis/St. Paul city line. The $43 million 808 Berry Place Apartments (2671uxury rental units) and $49 million Emerald Gazdens Condominiums (212 condos selling for between $200,000 and $419,000 each) reside atop previously polluted industrial land and stili reside adjacent to active industrial users. Both properties are located 2 blocks south of the site. One block south of the site, the 67-unit Mefro Lofts Condomuuuxns at University Avenue and Berry Street are selling between $166,000 and $254,000 each; 40% of its unit types are sold out and the project is still under construction. On the Minneapolis side of the border, the site is adjacent to a small enclave of historicai single family homes, 1960's vintage three story walk-ups, and recently constructed townhomes in an isolated portion of the Prospect Park neighborhood. The City of Minneapolis has protected this enclave by closing off 4th Street (the Minneapolis extension of Territoria7 Road) at Malcolm Avenue and thereby closing off an otherwise convenient route for commercial vehicles to and through the site. JPI's proposed residential development on the site will enlazge and reinforce this otherwise isolated residential azea. • The redevelopment of this site will provide an economic benefit to the City of St Paul while encouraging brownfield reuse. This development opportunity provides economic benefit to the City from currently under- utilized land. The 552 new residents will provide new demand for the desired vibrant retail development along the University Avenue corridor ("retail follows rooftops"). The property's undeveloped state currently yields approximately $30,000 in property tax revenue; JPI's proposed multifamily development would yield approximately $450,000 in annual property tax revenue. Residential redevelopment of this site will provide a logical northwazd extension of the successful residential redevelopment of the land due south of the site (808 Berry Place, Emerald Gazdens, and Metro I,ofts). Whv shouldn't this site be used for industrial purposes? • The market does not support an industrial use. Although the site has been idenrified for light indushial and biotech reseazch facilities, the seven (7) years that the current owner has marketed this property for an industrial use bears out the fact that there is no current demand—and no demand for the foreseeabie future—for industrial facilities or a biotech use :� Qb-2� � on this site. The St. Anthony Pazk—Dish 12 Community Plan recognizes tYris mazket reality: � "A large amount of industrial space is currently vacant. With the decline of manufachiring, and the large supply of industrial land in the area, one could expect future declines in [the demand for] industrial land [and] values. The development of new market rate town homes or other higher density housing, such as loft apartments, provides an oppoKunity for building higher land values and tax base in the area." • Lack ofAccess for Industrial Users, which could lead to an ezpansion of the Pierce Butler Route. If the site was used for an industrial use, there is currently no infrash�ucture that would support industrial or commercial traffic to and from the site from anvwhere. An indusfrial use could lead to the expansion of the Pierce Butler Route. Residents of St. Anthony Park have been clear that they do not want an expansion of the Pierce Butler Route and possible connection to Granary Pazkway in Minneapolis. This is a necessary and likely outcome if this azea is continued to be guided for an industrial use. By contrast, Jefferson at Berry Street in and of itself will not require such an expansion. • The University of Minnesota Transitrvay. The University of Minnesota transitway separates the site from all of the now vacated land to the north, which is guided for industrial and reseazch facility uses. What are the architectural features of Jefferson at Berrv Street? Jefferson at Berry Street will be safe, convenient, visually attractive and pedestrian friendly. It will be arranged in two open couriyard schemes with an additional building facing the University of Minnesota Transitway. The exterior design scheme of the proposed improvements bonows from the "Craftsman" style of architecture, using exposed brackets and extensive detailing of columns and connections. The exterior of the four-story buildings will be primarily siding, panelized to express a subtle vertical nature, but also shatified horizontally with trim and differing siding exposure and colors. The roof will be a"weathered wood" azchitectural composition shingle. The balconies and patios will be delineated on the elevarion with opposing gables intersecting the hip roof conditions. Public entry points and vertical circulation will be identified by towers capped by bracketed hip roofs. The site includes I 10 secured indoor bike racks as well as outdoor bike racks. JPI has made several changes to the architectural features of the project based upon input that it has received from city staff and neighbors and will continue to work with the city staff and neighbors on site design. �b-��' � What are the transit choices for residents of Jefferson at Berry Street? The transit choices for residents of Jefferson at Berry Street will include (a) public transportation via the University Avenue bus lines, (b) bike paths and pedestrian wallcways down the University of Minnesota Transitway, (c) vehicular, and (d) light-rail transit in the future. What are the phvsical eonstraints to developing this propertV? • Front Yard Setback. Because the site has as its only frontage half of the width of vacated Territorial Avenue (33 feet), JPI cannot place a building within 25 feet of the front property line. • Front Entrance Design and Parking. The narrow north-south orientation of the site, and the nature of the adjoining uses, precludes placing all of the pazking at the rear (west side) of the site. Because the total lot frontage is only 33 feet wide, JPI cannot piace its enhy drives within 30 percent of the total lot frontage. Even with the full 66 foot width of vacated Territorial, 30 percent of the lot frontage would be less than 20 feet. In order to provide vehicular access to the site at all, 7PI is required to obtain an easement over the south half of vacated Temtorial Road from St. Croix Partners, L.L.C. Even with the full 66 foot width of vacated Temtorial, 30 percent of the lot frontage would be less than 20 feet, wluch would not be sufficient for two-way vehicular and pedestrian access. • Configuration of Site; Adjacent Properties. The site effectively has four "rear yards" with no front or side yazds. The south and east boundaries abut neighboring rear yards, which are surface parking/loading spaces. The north boundary is a non-public transit right-of-way controlled by the University of Minnesota. The west yazd is the only technical rear yard because it is opposite the entry to the site. • Parking Placement. The site configurarion and parking and the nature of the adjoining property parking as the only feasible alternative available. cost of underground uses render side yard WhV did JPI desian Jefferson at Berrv Street the waV that it did? The layout and design of the project is tailored to the unique characteristics of the site. Will the Jefferson at Berrv Street Development have enoueh parking? Yes. The Jefferson at Berry Street Development will haue 225 total pazlang spaces, of which 176 will be surface pazking stalls and 49 will be detached garage spaces, yielding an overali parking ratio of 1.5 pazking stalls per apartment unit and 1 pazking stall for every 2.5 bedrooms or anticipated resident. This translates to a pazking ratio of 41 %(pazking stalls to residents). � ��°��' JPI is confident that the pazking it proposes to provide at Jefferson at Berry Street will satisfy the demand for parking for several reasons: (a) JPI is providing more pazking than is required by the Saint Paul Legislative Code, (b) 7PPs traffic and transportation consultant, Biko Associates, has prepazed a Traffic Impact Analysis, which indicates that 225 totai pazking spaces is more than sufficient for the 150 apartment units, (c) in JPPs experience as a student-housing developer, including a student housing development located in Minneapolis, 1_5 parking stalls per apartment unit is more than sufficient to meet the resident demands, and (d) flus is a Transit-Oriented Development, which will reduce reliance on automobiles and the demand for parking. What amenities will be provided to the residents of Jefferson at BerrV Street? Ameniries will be oriented toward the preferences of the student resident for this location. Common area amenities will include a leasing center and clubhouse with computer lab, fitness center, game room, and a secured spa area Unit amenities will include full fiuniture packages, fuli kitchens, in-unit washers and dryers, free cable and high-speed intemet access, free gas heat and water, and free electricity up to the first $15 per resident. Does the Saint Paul Comprehensive Plan support residential development on this site? Yes. The proposed rezoning is consistent with the Saint Paul Comprehensive Plan for the following reasons: • Land Use Plan Policy 5.4.4 offers guidelines for new housing stating: "Housing sites along major h�ansportation corridors and neaz commercial centers should meet the mazket demand for townhouses, condominiums, and apartments." • Policy 5.5.2 states: "The City will encourage more housing and jobs to locate along high-service bus routes. ... This site is near two transportarion comdors: University Avenue and the University of Minnesota transitway. This site is within the University Avenue Corridor. • Policy 63.2 states: "New urUan housing, offices, retail, and industrial development should all contribute through density and site design to the ridership base for public transportation on the University Avenue and I-94 bus routes ...." Rezoning this property to TN3 is consistent with this policy. • Housing Plan Policy 5.1 encourages "the production of 300-400 housing units a year than can be sold or rented to smaller households...on sites throughout the city." • Policy 5.4 encourages "a diversity of building and unit types to meet the diversity of the mazket." ��m��� 12. Is the Jefferson at Berrv Street Development consistent with the St Anthonv Park—District 12 Communitv Plan? Yes, for many reasons, including the foliowing: • Vision. The "Vision" statement for SAPCC provides that "St. Anthony Park seeks substanriai land use change in the existing industriai area to support more intensive use of the land and an increased tas base." This is exactly what Jefferson at Berry Street Development provides—a more intensive residential use next to a transit corridor, that will significantly increase the tax base. • Transportafion Choices. SAPCC wants to use land redevelopment opportunities to integrate and balance a wide variety of transportation choices by emphasizing safe, convenient and visually attractive walking, bildng, driving and transit choices in circulation systems and pattems. Again, Jefferson at Berry Street supports these transportation choices by giving its residents safe, convenient and visually attractive walking, biking, driving, bus and future light-rail transportation choices. • Long-term Sustainable Development. The Jefferson at Berry Sh Development supports SAPCC's desire for long-term sustainable development because it provides a housing type that is in strong demand by students of the University of Minnesota, University of Saint Thomas, Augsburg College, Hamline University and other post-secondary institutions that have been—and wiil continue to be—institutions of tugher learning for generations to come. • Range of Housine Choiees. The Jefferson at Berry Street Development supports SAPCC's desire to increase the range of housing types and affordability within Dishict 12 by providing student-oriented residential housing that is built to a high quality and professionally managed and maintained. • Economic Vitality. The Jefferson at Berry Street Development supports SAPCC's desire to promote the economic vitality of the University Avenue comdor. As stated in the Community Plan, "significant recent and ongoing investment in new housing is likely to suppoK future investment in consumer-oriented commercial services." The Jefferson at Berry Street Development will support future retail inveshnent along University Avenue. What land use approvals are required to build Jefferson at Berry Street? In order to develop Jefferson at Berry Street, JPI must obtain the following land use approvals from the City of Saint Paul: x � � � � � � • Rezoning_ The site must be rezoned from I-1 (light industrial) to TN-3 (Traditional Neighborhood). The Saint Paul Zoning staff have recommended that the Site be rezoned. • Yariances. Variances of TN3 standards are required for front yard setback (25 feet to 110 feet), pazking location and entrance desigi, and building height (45 Feet to 46.5 feet for the north building). • Site Plan approval. The Saint Paul Zoning staff have recommend approval of the revised site plan. How will Jefferson at Berrv Street posifively impact the propertv tax base? The current property taac revenue for the site toTals approximately $30,000 annually. Jefferson at Berry Street will add approximately $33 million in value to the site and yield approximately $450,000 in annual property tax revenue to the site—a net gain of over $400,000 annually.