Loading...
06-567Council File # �a��L Green Sheet # � RESOLUTION 1� ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 WHEREAS, Emmett C. Booker, in zoning file no. 06-018-991, applied for a condirional use permit to construct a 3-unit cluster development for property commonly known as 885 Aurora Avenue (PIN no. 352923310131) and legally described as MbTON ADDTTION LOTS 24 AND LOT 25 BLK 1; and WE�REAS, The proposed cluster development further required the following variances: (1) side yard setback (9ft. each side required; 7 ft, each side requested, for a variance of 2 feet); (2} lot area (9,000 sq. ft. required, 8, 640 sq. ft. available, for a variance of 360 sq. ft.); and Wf�REAS, On March 2, 2006, the planning commission's zoning committee held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with requirements of Lzg. Code §§ 61.202(a), .501 and .601 and, at the close of the public hearing, recommended approval of the application; and WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: The applicant wishes to construct a tl�ee-unit cluster development on a vacant pazcel. Two of the units will be two stories and have three bedrooms each. Qne of the units is intended for senior citizens and is one story with two bedrooms. A 4-car gazage is proposed off the alley, at the rear of the property. There will be two outdoor parldng pads adjacent to the gazage, for a total of 6 off-street parking spaces availabie. 2. §651301ists the standards and conditions for a cluster development: (a) Applications for cluster development shall indude site plans, including landscaping and elevations and other information the Planning Commission may request. This condition is met; although the landscaping is minimal and species not identified. (b) No unit shall intrude on the vertical airspace of any other unit. This condition is met. The building plans show side-by-side attached units with no unit or portion of a unit above another. (c) The parcel shall have a minimum frontage of eighty (80) feet on an improved street and meet the lot area required per unit in the zoning district. Irzdividual lots with a cluster development may have less than the required lot area for the zoning district provided such reductions are compensated for by an equivalent amount of property owned in common elsewhere in the cluster development. CITY OF SAIlVT PAUL, MINNESOTA �� �� ��b7 1 Loi area shall not include area designated ¢s public or private 2 streets. This condition is partly met. The parcel has 80 ft. of 3 frontage on Aurora. The underlying RTl zoning requizes 3,000 sq. 4 ft. of lot area per unit, for a total of 9,006 sq, ft. The parcel has 5 8,000 sq. ft. of azea. Including half the alley for density purposes 6 increases the total to &,640 sq. ft. or 360 sq. ft. less than required. 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2�1 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 The appiicant has requested a modification/variance of this standard. (d) Structures shald conform to the dimensional standards for height, Zot coverage, and setbacks for the zoning district. Kequired yards within a cluster development may be reduced or eliminated provided required yards are maintained along the periphery of the cluster development. This condirion is partly met. The structures meet ali the requirements of the zoning district except side yards. Side yards of 9 ft. are required in the RTl zoning district, while the applicant is proposing side yards of 7 ft, and has requested a variance of 2 ft. on each side. If the Planning Commission approves this variance, this condition will be met. (e) The design shatl be compatible with the surrounding neighborhood. This condition can be met. Most of the surrounding properties were built in the late 18Q0's and early 1900's. The proposed design uses some of the elements of the adjacent housing styles and period, including two-story construction and front porches, but more could be done with details of the exterior front facade to make the design more compatibie while still keeping the units affordable. (fl Individual lats, buildings, street and parking areas shall be designed and situation to minimize alteration of the natural fe¢tures ¢nd topography. This condition is met. The development retains the grade change at the front of the lot; the remainder of the property is flat, with no significant natural features or topography. The rear of the site has very little room for landscaping, and the garage provides the only buffer from the commercial uses along University Avenue to the north. The addition of shade trees or additional landscaping in the rear yard of the property would break up the amount of paving and provide shade for the patio areas. §61.SO1 lists five standards that all conditional uses must satisfy: (a) The extent, locasion and intensity of the use wzll be zn substantzal compliance with the Saint Paul Comprehensive Plan and any applicable sasbarea plans which were approved by the City Council. This condition as met. The ciuster development is consistent with policies of the Land Use and Aousing chapters of the Comprehensive Plan, including: "providing new housing to meet the growing market of empty-nesters...(LUP 5.4); as a housing site along the University Avenue Corridor (LIIP 5.4.4); promoting good design solutions that meet newer markets needs 1' and use smaller development sites creatively. (HP 5.2); and �/ ���� 7 2 encouraging a diversity oF building and unit types to meet the 3 diversity of the market, particularly the needs of older persons 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 �41 42 43 44 45 46 47 48 49 50 51 looking alternative housing in their own neighborhoods. (HP 5.4) The District 8 Pian (1980) also recommends reoccupying vacant land (Major Recommendation 3). (b) The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. This condition is met. The use will provide pazking off the alley for up to six cars (4 in a gazage and 2 on parking pads). This alley is shared with businesses along University Avenue and should be adequate for three residential units. (c) The use will not be detrimenral to the existing character of the development in the immediate neighborhood or endanger the public health, sttfety and general welfare. This condition is met provided the design detailing along the front facade of the residential development is enhanced to better fit in with the facades of the surrounding structures. The building will be constructed under the pernuts and approvals from the City and should not endanger the public health, safety, ar general welfare. (d) The use will not impede the nornzal and orclerly development and improvement of the surrounding property for uses permitted in the district. This condition can be met provide the desia of the building is revised slightly to better fit into the existing turn-of-the-(19th) century neighborhood. (e) � The use shall, in all other respects, canform to the applicable regulations of the dls2rict in which it is located. This condition is met provided the requested variances are approved. §61.601 sets out the required findings for a variance of the Zoning Code: (a) The property in question cannot be put to a reasonable use under the strict provision of the code. This finding is not met. A three- unit cluster development is not a reasonable use of this property. The exisring lot is adequate under current zoning standards for either one duplex or two singie family homes. (b) The plight of the landowner is clue to circumstances unique to his property, and tlzese circumstances were not created by the landowner. This condition is not met. The lots are similar to others in the area. (c) The proposed variance is in keeping wirh the spirit and intent of the code, and is consistent with the health safety, comfort, morals and welfare of the inhabitttnts of the City of Sttint Paud. The variances aze within the spirit and intent of the code, which seeks to avoid overcrowding of sites with buildings and to ensure adequate light and air to surrounding properties. The lot uea is only 320 sq. ft. less than required, and the proposed side yard setbacks are two feet less than required while su11 being greater than the required setbacks for single family homes (4 ft.). The variances are in keeping with the health, safety, comfort, marals and welfare of Saint Paul inhabitants. 4 5 (d) The proposed variance will not impair an adequate supply of light 6 and air to adjacenz property, nor will it alter the essential 7 character of the surrounding area or unreasonably diminish & established property values within the surrounding area. This 9 finding is met. After construction, sufficlent area around the 10 building will remain to provide an adequate supply of light and air ll to adjacent property. Changes to the facade design will ensure that 12 the development will not alter the essential chazacter of the 13 surrounding area or unreasonably diminish property values. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 (e) The variance, if granted, would not permit any use that is not permirted under the provisions of the code for the property in the district where the affected land is Zocated, nor would it alter or change the Zoning district classification of the property. This finding is met. Cluster developments are pernutted uses in the zoning disYrict, and the cluster would not change the zoning district classification of the property. (fl The request for variance is not based primarily on a desire to increase the value or income potential of the parcet of tand. This find is not met. The request for variance is based on primarily on a desire to create a housing option for families and oider residents. 0� WHEREAS, Pursuant to the provisions of Section 64.206, Emmett C. Booker, duly filed with the City Clerk an appeal (Zoning File #06-063479) from the deternunation made by the Planning Commission, requesting that a hearing be held befare the City Council for the purpose of considering the acfions taken by the said Commission; and WIIEREAS, Acting pursuant to Sections 64.206 through 64.208, and upon notice to affected parties a public hearing was duly conducted by the City Council on May 3, 2006, where all interested parties were given an opportunitp to be heard; and WHEREAS, The Council, having heazd the statements made, and having considered the application, the report of staff, the record, minutes and resolution of the Zoning Committee and of the Planning Commission, does hereby RESOLVE, That the Council of the City of Saint Paul does hereby reverse the decision of the Planning Comtnission in this matter, based on the following findings of the Council: The Planning Commission erred in the following findings based upon the following reasons: 1) The property in question cannot be put to a reasonable use under the strict provision of the code. The lot area is only 360 squaze feet less than required. The lots in this area aze smaller than typical in the city. Therefore, a three-unit cluster development on this lot, which is a� -.��7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 one block from a major transit street, University Avenue, is a reasonable use that cannot be accommodated under the strict provisions of the code. 2) The plight of the landowner is due to circumstances unique to his property, and these circumstances were not created by the landowner. The lots on this half of the block on Aurora Avenue were plotted smaller than other lots in the area.. The fact that the lots aze vacant and smaller is unique to this property and the nearby sunounding area is a unique circumstance that was not created by the landowner. In addition, a number of the homes in this block were once duplexes, before becoming single family. 3) The request for a variance is not based primarily on a desire to increase the value or income potential of the pazcel of land. The Planning Commission erred, because it made no reference to a finding that reflects that the request was based on income potential. There is evidence in record that reflects that the request is based on the landowner's wish to increase affordable housing options for families and older residents. FiIRTHER RESOLVED, That the appeal of Emmet C. Booker be and is hereby granted; and, be it FINALLY RESOLVED, That the City Clerk shall mail a copy of this resolution to Mr. Booker, the Zoning Administrator and the Planning Commission. Requested by Depar[menc of: Adopted by Conncil: Date OG/�'Je ��,��/�� Adopfion CertifieA by Council Secretrry $Y� ///O/. i� Approved byMayor Date � — � d /' ��o �_- i��_-�-"-�V By: l./ Form App by Ciry Attorney By: /7.��, �/'� Aivfn.r'�"� � �Y'C �i Form Approved by Mayor for Submission [o Council �,`�-��.�� �-�� � By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � CA �n1' Attomey Contact Person & Phone: Peter Wamer 266-8710 Must Be on Council Agenda by (Date): ��a� �4b Date initiated: 16-JUN-O6 � Assign Number For Routing Ortler D(o-St�7 Green Sheet NO: 3031050 0 itvAttoroev � I 1 i Attome De artmeutDirector Z i Atto n 3 or's i Ma orJAss s n 4 o�nci� � 5 i lerk Ci lerk 7otal # of SignaWre Pages _(Clip All Locations for Signature) Action Requested: Memorializing City Council's May 3, 2006 morion to reverse the decision of the Planning Commission and approve the conditional use permit to conshuct a 3-unit cluster development for the property located at 885 Aurora Avenue. idations: Approve (A) or Reject (R): Planning Commission CIB Commfttee Civil Service Commissio� Personal Service Contrects Must Answer the Following Questions: 9. Has this personffirm ever worked under a contrect for this department? Yes No 2. Has this personlfirtn ever been a city employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any current city employee? Yes No Explain all yes answere on separate sheet and attach to green sheet initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advar�ta5tes tf Approved: The Council is required pursuant to the Ciry Chazter to have its actions reduced to writing either in the form of a resolution or ordinauce dependent upon the nature of the matter before it. The decision of the Council in this matter required a written resolution in order to comply with the Charter. Approving the attached resolution fulfills the Council's duty under the Charter. Disadvarrtapes If Apprwed: None. Disadvantages If Not Approved: Failure to approve the resolution violates the City's Charter requirement. Transaction: FundinA Source: CosURevenue Budgeted: Activity Number: REGEfVED � � �: ' ' 6�itllY 6s V d.uL�� Financial Information: {ExPlain) DEPAR'I'MENT OF PLANNING & �`� ��f 7 � ECONOMIC DEVELOPMENT , „ ,_„ Torry Schertler, Inunm Director CITY �F SAINT PAUL Christopher B. Coleman, M¢yor April 11, 2006 Ms. Mary Erickson City Council Research Office Room 310 City Hali Saint Paul, Minnesota 55102 Dear Ms. Erickson: 25 W. FourEh Street Sairst Paul, MN 57102 Telepfi one: 651-266-6700 Facsimile: 6Al28-3220 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, May 3, 2006, for the following zoning case. Zoning File Number: File Name: Address: Purpose: 06-063-479 Emmett Booker 885 Aurora Ave, between Victoria and Mifton Appeal of a Planning Commission decision denying a condtional use permit for a 3-unit cluster development (File #06-018-991) Previous Action: Zoning Committee Recommendatio�: approval with condition(s), 5- 1(Morton) Planning Commission Recommendation: denied, unanimous, I have confirmed this day with Councilmember Montgomery's office. My understanding is that this public hearing request wiil appear on the agenda for the Aprif 19, 2006, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 651-266-6639 if you have any questions. Sincerely, Patricia James City Planner cc: File #: 06-063-479 ApplicanUAppellant: Emmett C Booker Paul Dubruiel Wendy Lane Caroi Martineau Allan Torstenson ;�ar�er, oF rusuc e�nRn�ta . . �e sa3nx raul csry cowi�a w;u oonanct a �.. ic �hesz�uag. on Wednesday. May 3, 2006 at -5;3Q p.m. -in tfte City Council Chambers,l'hixd;-FloorCily Hall. 15 West Kellogg Eoutevai`d,..�St�FaaI MN, to con- sider the- appeat of Eminett Booker to a decision of tkie Planr{ing.Cormniss3on de-- nytng a conditional 'use _permit fora 3- urtit cluster development at 885 Aurora Avenue (between' Victoria -and Milton S7eete). iZo?vng P11e 06-Of3-479J � - nafea: apnl rf, zoos - MARY ERICKSON ' � . - . � " ASSfstafn3 CityCmmcil 9ecFetarp� , �" � (Apri1131 ,� � " - ST. PALIL' LEI7GER �=�n 22113624 ' . . .... �-��7 DEPAR"1TvIENT OF PLANNING & ECONOMiC DEVELOPMENT CTTY OF Sr1INT PAUL ChristopherB. Coleman, Mayor Apri124, 2006 Ms. Mary Erickson City Councii Research Oifice Room 310 City Half Saint Paul, Minnesota 55102 Interim Director 25 W. Founit Street SaintPaul, MNS5101 t� Facsimile: 651-228-3220 Re: Zoning File #: 06-063-479 File Name: Emmett Sooker Address: 885 Aurora Ave, Purpose: Appeal of a Planning Gommission decision denying a conditionai use permit for a 3-unit ciuster development (Fiie #06-018-991) Citv Council Hearinp: Mav 3. 2006. 5:30 p.m., Citv Council Chambers • Staff Recommendation: District Council: Zoning Committee Recommendation: Support: Opposition: Planning Commission Recommendation: Deadline for Action approval with conditions District 8 recommended approval approval with condition(s), vote: 5-1 (Morton) � persons spoke in support and 0 letters were received. 0 persons spoke in opposition and 1 letter was received. denied, vote: unanimous April 11, 2006, extended to June 10, 2006 Staff Assigned: Attachments: cc: Zoning File 06-063-479 Applicant: Emmett C Booker City Councii Members District Council: 8 Wendy Lane � Larry Soderhoim Allan Torstenson Peter Warner Patricia James, 651-266-6639 Planning Commission resolution: 06-35 Planning Commission minutes, March 10, 2006; March 24, 2006 Zoning Gommittee minutes, March 2, 2006 Correspondence received Staff Report packet AA-ADA-EEO Employer SASN? PAU L � \IIA APS►LFCATIOAI FOR APPEAL Department afPlanning and Economic Development Zoning Section I400 City Hall Annec 25 West Fourth Street Saint Paul, MN SSIO2-1634 (65I) 266-6589 APPLICANT PROPERTY LOCATION City �Zip 5�.�/O DaytimePhone_(,,.5 G�`/�� Zoning File Mame Cvnm�-t) .ISpn kz_/l Address � Location �Pfc��. . g8S — $S�a'/ /-�Cil10/Z,4 Lv. �� v'ic �c+��.q TYPE OF APPEAL: Application is hereby made for an appeal to the: � Board of Zoning Appeals � City Council � Planning Commission Under the provision of Chapter 67, Section �� � Paragreph of the Zoning Code, to appeal a decision made by the _ GCa � date of decisionl SS�o FileNumber: ��°�� U' V�� GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. (attach additional sheet if necessary) �'� 3 c� � y3 � o� � � .�d � 3 d� App{icant's Signature Date �-°� City Agent K�\fomsjappfonppeai.wpd I1/8/04 a�-s� � Paul Dubruiel - Variance Applicant Statementa eal.doc Page 1 Revised Variance Appeal Applicant Statement Legal Descriprion: Milton Addition, Lots 24 and Lot 25 of Block 1 None ofUie approvat letters from fhe Sumiiiit University Planning Council and the Aurora St. Anfliony neighborhoods were received to present to the commission. There azea similaz projects in the azea. The Zoning Commiftee approved the application on March 2, 2006, but the full commission denied the request on Mazch 10, 2206. It appears the members of the full Commission did not have a cleaz understanding of the proj ect. The lots do not meet the minimum size for a Lwo single Family dwellings or two-two family dwellings to be consfrucfed. The proposed project is a Iess dense use than the intended use for the site. It is felt that all of the conditions listed below were met. Regazding 4(a): The double lot was planned for one duplex on each lof at the time the lots were originally developed. The three unit cluster development will be one block from a major transit streef, University Avenue. This should be a reasonable use that cannot be accommodated by the code. Regarding 4(b): The azea is platted with loYs fliat aze smaller and shallower than what is nonnal for St. Paul. This is a unique circumstance that was not created by the owner. Regazding 4(�: The request for the variances is base primarily on the desire to create an affordable housing oprion for families and older residents that desire to remain in the azea. D�-S� 1 • GONGRETE DRIYE FtND APRON — O CANGRETE � PATIO . � . . :,o r O 4 CAR GARAGE ry 46'-0" � o � m � I GONGRETE � � PORGH O I ry CANGRETE N1ALK 8 STEPS GONGiZETE BLOGK RETt41NI1VG YVALL- 3BEUAOOMUNLC F s'-0" �2 1/2" i �. . O II�G i � stmaeurm � I SHURBS �I2 I _� • — 7 _ � �� � � � � �� \� �� � PLAN NOR7N r�rvu—� m 5' IB' 2�' SENIOR UNIT TOTAL: 9ll SF. 3 BEDROOM UNIT IST FLOOR: 812 SF. LOT AREA: 2ND FLOOR: 812 SF. BUILDINCz AREA: TOTAL: 1,624 SF. C�ARAC�E AREA: 51TE PL.f�N ,�urora Place Townhousea West of �/ictoria Street on ,�urora �venue 5t. Paul, Minnesota 3/8/06 S,�m� SF. 2,591 SF. lpl2 SF. • G. ;_, shitecture • ��source LLC The outside sowce for yorvArchitechval needs 598 Dayton Avenue St Paul, Minneso4 55t02 (fi51 J310-0023 O(�-5 7 • � . � ..� O .�..3_O�� y O � W - ' N Q � a � � . _ - .._.,p� - i �x , . _ . - ._ _ _ " ti1 Q % � .f • j .� o .,- , ' �': , ' W � � � Q ' y o- . d _• ' C � - - X�v. v� _ � _Z .,t--R�-..... ..._ .. __ � j>\ Z Z% Q �m : '-' ____y. a . �.�/ Z % ,v _� � J �v f - � L�V � � t� ze � u a O "'-' _r F V x ' .. � �. m • Y� � ��� Q w w � i - 0 � IO _ r `�a i �� . > wm � x. ,_°'�. _� ;x< ,.� :::; ,. ,-=. i'" z v � �. s Ye < ��' =� ""' .. _ • � � : � -.. �.. =�- zx� ---_ f� za,. -- -- °� -� k� e .z � _ � zm � �. �� � � � P � W + � � O � O 0 O � Q � � a O U N � �e � '"' ���:'" � �� , /9 s : �x . �-- Z0� �-. ."'"" ___'.. � � f ��; _- _'.� � z F �� Q� � �o �- Z K d � � °� K d � N @ � � � �i � L� � E. � ° x Q -� (�l k : < c F C F v � O � I-L � � � N O N y N V y 3 � � ��_ �� ,� � - � � a u Q �; �� 0 �1 � �ti � V ^ � 0 Il y � , 0 �� �m <o 3 CO � O O p V S� F o n � N i N � N � r 1 W � U �` W 1 � O � O � O � � � 3 O � 1�— �•�O c�� � � � lt- � • L L O ��(� O -1` Vl � V � � �{-- O V W � a6-S�7 � z Q �/ � � Q � N O � � �. r� d m v � 0 a° � �� a�- _ � a � � y U o �1 '� � � ti O° �/1 3 0 J V : ! ry � y m � � N i. Q O 3` t o p 0 O N 'M1'';�� F O. m "`" m m - N v W � 1 W > � m � � � O o �� s � o ��� 3 O � O�, ��0 1- � •- O t6� �m � � � � 'L 1- 0 �1 d � � L J � / 4- 0 -�-s � y � > • 1 1 I u btv-567 r � � l 1 u C� w � �C � � N O h �Q H V � � U O C � � C � C � i � .t N � a � � N Uo �� O ° � h � C Y [U j m � � ¢� 3 C O a O O �' V �� � � � i� r_ m h � w N � � �(— .L ni ^` / � ^ V ` ! �( W y � O � O � O � y ^ V ` ' O W � f-- � � Q (a � � m � � � � � � � � � L v .� } � 0 � � a� � o�-s�7 city of saint paul planning commission resolution �file number 06-35 date March 24, 2006 WHEREAS, Emmett C Booker, File # 06-018-991, has applied for a Conditional Use Perznit for a 3-unit cluster development with variances of side yard setback (9 ft. each side required; 7 ft. each side requested) and {ot area (9,000 sq. ft. required, 8,640 sq. ft. avai{able} under the provisions of §65.130 of the Saint Paul Legislative Code, on property located at 885 Aurora Ave, Parcel Identification Number (PIN) 352923310131, legally described as MILTON ADDITION LOTS 24 AND LOT 25 BLK 1; and WHEREAS, the Zoning Committee ofthe Planning Commission, on March 2, 2006, held a public hearing at which all persons present were given an opportunity to be heard pursuant to said appiication in accordance with the requirements of §64.300 of the Saint Paul Legislative Code; and WHEREAS, the Saint Paul Planning Commission, based on the eudence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the k�llowing findings of fact: 1. The applicant wishes to construct a three-unit cfuster development on a vacant parcel. Two of the units will be two stories and have three bedrooms each. One of the units is intended for senior citizens and is one story with two bedrooms. A 4car garage is proposed off the alley, at the rear of the property. There will be two outdoor parking pads adjacent to the garage, for a total of 6 off- street parking spaces availabie. 2. §65.130 lists the standards and conditions for a c{uster development: • (aJ App/ications for cluster development shal/ include site plans, includrng landscaping and elevations and otherinformation the planning commission may requesf. This condition is met; although the landscaping is minimal and species are not identified. (b) No unit shall intrude on fhe vertical airspace of any other unit. This condition is met. The building plans show side-by-side attached units with no unit or portion of a unit above another. (c) The parcel shall have a minimum frontage of eighty (80) feet on an improved streef and meet the lot area required per unit in the zoning distnct. Individual lots within a cluster development may have less than fhe 2quired lot area for the zoning district provided such reductions are compensafed for by an equivalent amount of properfy owned in common elsewhere in the cluster development. Lof area shall not include areas designated as public or private streets. This condition is partly met. The parcel has 80 ft. of frontage on Aurora. The underlying RT1 zoning requires 3,000 sq. ft. of lot area per unit, for a total of 9000 sq, ft. The parcel has 8000 sq. ft. of area. including half the alleyfor density purposes increases the total to 8640 sq. ft., or 360 sq. ft. less than required. The applicant has requested a modification/variance of this standard. moved by Morton seconded by in favor Unanimouslv denied against �� o�e �� 7 Zoning File # 06-015-991 Planning Commission Resolution Page 2 (d) Structures shall conform to the dimensional standards for height, lot coverage, and setbacks , for the zoning district Required yards within a cluster development may be reduced or eliminated provided required yards are maintained along the periphery of fhe cluster deve/opment This condition is partiy met. The structures meet aIl the requirements of the zoning district except side yards. Side yards.of 9 ft. are required in the RT1 zoning district, while the applicant is proposing side yards of 7 ft., and has requested a variance of 2 ft. on each side. Ifthe Planning Commission approves this variance, this condition witl be met. (e) The design shall be compatible with the surrounding neighborhood. This condition can be met. Most of the surrounding properties were buiit in the late 1800's and eady 1900's. The proposed design uses some of the elements of the adjacent housing styles and period, including two-story construction and front porches, but more could be done with details of the exterior front fa�ade to make the design more compatible while still keeping the units affordable. (fl lndividual lots, buildings, sfieet and parking areas shall be designed and situated to minimize alteration of the natural features and topography. This condition is met. The development retains the grade change at the fronf of the lot; the remainder of the property is flat, with no significant natural features or topography. The rear of the site has very little room for landscaping, and the garage provides the only buffer from the commercial uses along University Avenue to the north. The addition of shade trees or additional landscaping in the rear yard of the property would break up the amount of paving and provide shade for the patio areas. 3. §61.501 lists five standards that all conditional uses must satisfy: (a) The extent, locatron and intensity of the use uil! be in substantial compliance with the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city counciL This condition is met. The cluster development is consistent with policies of the Land Use and Housing chapters of the Comprehensive Plan, including: "providing new housing to meet the growing market of empty-nesters. ... (LUP 5.4); as a housing site along the University Avenue Corridor (LUP 5.4.4); promoting good design solutions that meet nev�er markets needs and use smallerdevelopment sites creatively. (HP 5.2); and encouraging a diversity of building and unit types to meet the diversity of the maricet, particularly the needs of older persons looking for altemative housin_g in their own neighborhoods. (HP 5.4) The District 8 Plan (9980) also recommends reoccupying vacant land. (Major Recommendation 3) (ti) The use will provide adequate ingress and egress to minimize traffc congestion in the public streets. This condition is met. The use will provide parking off the alley for up to six cars (4 in a garage and 2 on parking pads). This alley is shared with businesses along University Ave. and should be adequate for fhree residential units. (c) The use will not be detrimenfal to fhe existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare. This condition is met provided the design detailing along the front far of the residential development is enhanced to better fit in with the fa�ades of the surrounding structures. The building will be constructed under permits and approvals from the City, and should not endanger the public health, safety, or general welfare. (d) The use will not impede the normal and orderiy development and improvemenf of the surrounding property for uses permitfed in fhe district. This condition can be met provided the design of the building is revised slightly to betterfit into the e�asting tum-of-the-(19"') century neighborhood. (e) The use shall, in all otherrespects, conform to the applicable regulations of the district in which it is locafed. This condition is met provided the requested variances are approved. r� � • � ��7 Zoning File # 06-015-991 Planning Commission Resolution Page 3 • 4. Section 61.601 sets out the required findings for a variance of the Zoning Code: (a) The property in question cannot be putto a reasonable use under the strict provision of the code. This finding is not met. A three-unit cluster development is not a reasonable use of this property. The existing lot is adequate under current zoning standards for either one duplex or two sing{e family homes. (b) The plight of the landowner is due to ci�umstances unique fo his property, and these circumstances were not created by the landowner. This condition is not met. The lots are similar to others in the area. (c) The proposed variance is in keeping with the spirit and intent of the code, and is consistent with the health, safety, corrfort, morals and welfare of the inhabitants of fhe City of Saint Paul The variances are within the spirit and intent of the code, which seeks to avoid overcrowding of sites with buildings and to ensure adequate light and airto surcounding properties. The Iot area is only 320 sq. ft. less than required, and the proposed side yard setbacks are two feet less than required while still being greater than the required setbacks for single family homes (4 ft.) The variances are in keeping with the fiealth, safety, comfort, morals and welfare ofi Saint Paul inhabitants. (d) The proposed variance will not impair an adequate supply of light and airto adjacent property, nor will it alter fhe essential character of fhe surrounding area or unreasonably diminish estab/ished property values within the surrounding area. This finding is met. After construction, suificient area around the building wiff remain to provide an adequate suppfy of light and air to adjacent property. Changes to the fa�ade design will ensure that the development will not alter the essential character of the surrounding area or unreasonably diminish propertyvalues. � (e) The variance, if granted, would nof permit any use that is not permitted under the provisions of the code for the property in fhe district where fhe affecfed land is �ocated, norwou�d if alter or change the zoning district classi�cation of the properfy. This finding is met. Cluster developments are permitted uses in the zoning district, and the clusterwould not change the zoning district classification of the property. (fl The request for variance is nof based primarily on a desire to increase the value orincome potential of �e parcel of land. This finding is not met. The request for variance is based primarily on a desire to create a housing option for families and older residents. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, underthe authority of the Citys Legislative Code, that the application of Emmett C Bookerfor a Conditional Use Perrnit for a 3- unit cfuster deveiopment with variances of side yard setback (9 ft. each side required; 7 ft. each side requested) and lot area (9,000 sq. ft. required, 8,640 sq. ft. availab�e) at 885 Aurora Ave is hereby denied. • D�-S�7 � Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard West Minntes March 24, 2006 A meeting of the Planning Commission of the City of Saint Paul was held Friday, March 24, 2006, at 8:00 a.m. in the Conference Center of City Hall. Commissioners Mmes. Donnelly-Cohen, Faricy, Lu, McCall, Morton, Porter, Smitten Present: and; and Messrs. Aligada, Alton, Bellus, Commers, Cudahy, Johnson, Kong, Kramer, Mejia and Nelson. Commissioners Ms. *Trevino, and Messrs. Dandrea, *Goodlow, *Gordon Absent: *Excused �� Also Present: Larry Soderholm, Planning Adiziinistrator; Allan Torstenson, Lucy Thompson, Penny Simison, Shawntera Hardy, Christina Danico, Gary Peltier, Tom Beach and Wendy Lane from LIEP, Casey MacCallum (intem), and Kate Fleming, Deparhnent of Planning and Economic Development staff. I. Q Swearing in of New Members Mr. Jon Commers, Ms. Kristina Smitten, Mr. Gauis Nelson and Mr.Bob Cudahy were swom in as Saint Paul Planning Commission members by Ms. Shari Moore, City Clerk. Approval of minutes March 10, 2006. MOTION: Commissioner Johnson moved approval ofthe minutes ofMarch I0, 2006. Commissioner Bellus seconded the motian. The motion carried unanimously on a voice vofe. III. Chair's Announcements No announcements � ��-s�� many people with critical skills in the next two to frve years, Tax base and expenditures will be � affected by aging population. Trends and issues IIT; while population is not changing, people aze the changing people comes the potential to. Mr. Paul Mattessich discussed the top ten trends and why they matter. Mr. Mattessich spoke on each of the following concems; diversity, the educafion gap, poverty's impacts, suburbanizafion, increased niunbers of older people, "quesfioning mood" regazding publicly funded services, increase in immigrants, housing cost burden, znismatch: jobs and housing and regional growth. Mr. Steve Schellenberg and Cindy Porter gave a brief pop quiz: on how well do you lmow the Saint PauI Cify and School Districts? Mr. Schettenberg showed charts on enrollments of studenfs in public and non-public and charter schools. He spoke of trends by race and ethnicity, second languages spoken in their homes and school, mobility and stabilily by race an@ the racial change by area. Mr. Mazk Vander Schaff spoke on the Good News and Bad News from the U.S Census. $e listed the good news as; for planning purposes, much citywide data is now available annually from the American community Survey (ACS). 'i'his includes; Demographic (sex, age, race, and household type, Social (education, ancesiry, language) and Housing (age, ownership, value, affordability). The bad news was; guestionable accuracy (indicates that Saint Pau1 population in households declined by 20,000 between 2002 and 2004) and not available at sub-city le�el. Ms. Theresa $eiland, Memam Park Community Council, 1684 Selby Avenue, Saint Paul, Mn 55104. Ms. Heiland asked about the maps pertaining to Yhe Saint Paul Schools and the geography • of influence in the area south of Universit3� Avenue are the well off neighborhoods, yet there aze few Saint Paul students living there, such as in Merriam Pazk. She asked for clarification the difference for non public, charter and public schools, aze they sepazate, and if so is there a fonun where tYiey get together and talk about how they can influence each other. Mr. Schellenberg answered no. Ms. Shawntera Hazdy asked for a break down of the African American data. It appears that the A&ican Imnrigrants population is Iumped into that data and also the Hispanic population there are very different dynamics in terms of the income, educational attaixunent and the success of those students and would encourage having the data analyzed. Also with the increase of 40% in ethnic students, with regazd to teachers, how does that play iuto educational success when the teachers don't understand the students. � VI. Zoning Committee OLD BUSIlVESS # 06-018-991 Emmett Booker — Condifional Use Pemut for a 3-unit cluster development wifh variances of side yard setback (9ft. each side required; 7 ft. each side requested) and IoE azea (9,000 sq. ft. required, 8,640 sq. ft. available). (Patricia James, 651/266-6639) MOTION: Commissioner Morton moved the Plarening Commission's recommendation to deny the Conditional Use Perrnit The mo[ion carried unanimnusly nn a voice vote. • D�-S� 7 • No report IX. Task Force Reports No repart X. Old Business None XI New Business None XIT. Planning Administrator's Announcements Mr. Soderholm reported on recent City council and HRA decisions. X1II. Adjournment Meeting adjoumed at 11:00 a.m. • Recorded and prepared by Kate Fleming, Planning Commission Secretary Planning and Economic Development Department, City of Saint Paul Respectfully submitted, Approved (Date) Larry Soderholm Planning Administrator Marilyn Porter Secretary of the Planning Commission PED�FIemingVbfazch 24, 2006 C� G� �' o�-�-�, Saint Paul Plattning Commission City Hall Conference Center 15 Kellogg $oulevard West Minutes March 10, 2006 A meeting of the Planning Commission of the City of Saint Paul was held Friday, March 10, 2006, at 830 a.m. in the Conference Center of City Hall. Commissioners Presenf: Commissioners Absent: Mmes. Donnelly-Cohen, Faricy, Zimmer Lonetti, Morton, and Trevino. and; and Messrs. Aligada, Alton, Anfang, Bellus, Coletta, Goodlow, Gordon, Johnson, and Kramer. Mmes. *Lu, * McCall, and *Porter, and Messrs. *Dandrea, Kong, *Meija and Scott. *Excused AIso Present: AIIan Torstens.on, for the Planning Administrator; County Commissioner Rettman; Tom Beach, and Wendy Lane from L1EP; Pah 7ames, Shawntera $ardy, Yang Zhang, Casey MacCallum (intem), and Kate Fleming, Depar[ment of Planning and Economic Development staff. I. � Approval of minutes February 24, 2006. MdTION: Commissioner Johnson moved approval offhe minutes ofFebruary 24, 2006. " Commissioner Trevino seconded the motion. The motion cartied unanimously on a voice vote. Chair's Announcements Chair Alton stated Mayor Coleman has requested that the Planning Commission establish a commuzuty-based.task force to prepare a Central Corridor Development Strategy. Chair Alton reminded the Commissioners that at the next rimeeting, the committee preference sheets will be available to fill out. Chair Alton reminded everyone of the fundraiser for The 7erexniah Program,which will taka place Ivlazch 19, 2006, 8:00 a.m. — 4:00 p.m., at the Great $arvest Bread Co. �� • • 46 � • be preserved ifposszble, and if nof, in the process ofsite plan review, staff will designate alternaifve plantirags to replace it. Commissioner Trevino seconded fhe mofion. �1VIENDMENT TO AMENDt�'IENT: Commissioner Bellus moved to amend Commzssioner %ramer's amendtnent so that if the tree cannot be saved, condition number six be changed to permit the original trveZve dzspensing points . Commusioner ponneZly-Cohen seconded tlze motion. After discussion, fhe motion f¢ited on a voice vote. MOTION AS AMENDED The motion as amended carried uraanzmously on a voice vote. NEW BUSINESS # 06-015-402 C�b Foods — SunRav — Conditional Use Permit for seasonal greenhouse. 2197 Old Hudson Road, betv✓een McKnight Road and Pedersen. (Patricia James, 651/2b6-6639) MOTION: Commissioner Morton moved the Zorzing Committee's recommendation to approve tlae co�xditional use permit. Commissioner Trevino seconded tlxe motion. The motion carried urs¢nimously on a voice vote. # 06-018-991 Emmett Booker — Conditional Use Permit for a 3-unit cluster development with vaziances of side yazd setbacic (9ft. each side required; 7 ft. each side requested) and lot area (9,OOQ sq. ft. required, 8,640 sq. ft. available). (Patricia James, 651/266-6639) � MOTION: Commissioner Morton moved tke Zonirag Committee's recommendation to approve the conditional use permit. Commissioner Morton stated she was opposed to the Zoning Committee's recommendation and had voted against at. She stated her reasons for opposition were that the proposal was inconsistent with the city attomey's letter on cluster developments, the property's reasonable use is as a • duplex or single family homes, the property is not unique, and that the request was made to increase the income potential of the land. . Commissioners expressed concems about cluster developments and when and where they are appropziate. Commissioners agreed to have more general discussion about cluster developments at a future meeting of the Neighborhoods and Current Planning Committee. Comrnissioner Gordon spoke in support of the cluster development, and stated the proposal is consistent with city policies conceming adding housing and malting it more dense. Chair Alton polled Commissiotters who voted against the resolution, who stated their reasons for voting to deny the application. ROLL CALL VOTE: The motion failed on a vote of 3-10 (Coletta, Johnson, Bellus, Faricy, Morton, Iframer, ZimmerLoneni, Doxnelly-Cohe�2, Anfa�zg,fllton). } • MOTION: Commissioner Mortox moved to deny the conditional use permit based on the ��-s�7 f:ndings foY variance not being met. Commissioner Johnson seconded the motion. The motion to deny the application carrzed on a voice vote with 2 nay votes (Aligada, Gordon) Commissioner Ivlorton announced the Zoning Committee agenda for March 16, 2006 VI. Comprehensive Planning Committee Chair ponnelly-Cohen gave report. VII. Neighborhood and Current Planning Committee No report VIIT. Long-range Planning CommitEee No report � � Task Force Reports , Commissidner $ellus gave Long-range Policy report. Commissioner Johnson gave CIB report. Coinmissioner Zunmer Lonetti suggested Commissioners Goodlow and Aligada continue planning commission representation on the Lexington-University TaskForce. Commissioner Anfang gave the Mississippi River Critical Area Task Force report. '' Old Basiness Advertisine Sien ReQUlarions — Update on City Council ordinances (Patricia.7ames, 65I/.266-6639and WendyLane, 651/266-9081) Wendy Lane reported'on recent City Council action pertaining to Sign Regulations. XI New Business None XII. Adjournment Meeting adjoumed at 10:35 a.m. ` � • r � � J a6-5�7� � • • Recorded and prepared by Kate Fleming, Planning Commission 5ecretary Planning and Economic Development Department, City of Saint Paul Respectfully submitted, ; � �' u�v Allan Torste 2son Senior Planner PED�FlemingVvlarch 10, 2006 Approved `-��� �/�" ' (Date) -�'���Q/it�� Maril Porter Secretary of the Planning ommission 10 a �-S� 7 MINUTES OF THE ZONING COMMITfEE • Thursday, March 2, 2006 - 3:30 p.m. City Council Cfiambers, 3rd Floor Cify Hall and Court House 15 West Kellogg Boulevard C I • PRESENT: Donnelly-Cohen, Faricy, Gordon, Johnson, Kramer, Mejia and Morton EXCUSED: Alton, Anfang STAFF: Patricia James, Carol Martineau, and Peter Warner The meeting was chaired by Commissioner Morton. Emmett Booker - 06-018-991 - Conditional Use Permit for a 3-unit cluster development with variances of side yard setback (9 ft. each side required; 7 Tt. each side requested) and lot area (9,000 sq. ft. required, 8,640 sq. ft. available), 885 Aurora Ave, between Victoria & Milton Patricia James presented the staff report with a recommendation of approval with condiltions for the Conditional Use Permit & Variance. Ms. James also stated District 8 made no recommendation, and there was no letters in support, and1 letter in opposition. Upon the questions of the Commissioner's, Ms James explained how this proposal can be classified as a cluster development and how it can fit in with the neighborhood. Emmett Booker, the applicant, stated that most of the businesses on University Avenue do not use the alfey. He also explained the third unit of the cluster development would be used as a senior unit. He stated that he is willing to cut down on the patio space and change the design of the building to fit in with the neighborhood. There would be no basements, and the dwellings would be rented, at least initially. No one spoke in support or opposition. The public hearing was closed. Commissioner Stephen Gordon moved approval with condition(s) of the Conditional Use Permit and variances. Commissioner Matthew J, Mejia seconded the motion. The motion passed by a vote of 5-1-0. Adopted Yeas - 5 Nays - 1(MortonJ Drafted by: mitte y: �-������ � � Carol Martineau Pafricia James Recording Secretary Zoning Section Abstained - 0 () Approved y: �� c92�iyc� ' G� rton • Chair From: "Steve Boland" <steve@summit-u.com> • To: <patricia.james@ci.stpaul.mn.us> Date: 3/14/06 9:44:53 AM Subject: Support for Conditional Use Permit and Variance request, Aurora Avenue Ms. James, I'm attaching a letter of support from the Summit-University Planning Councii regarding Mr. Emmett Sooker's proposal to buiid a three-unit cluster development on Aurora Avenue. � understand this permit application was denied, at least in part because of lack of input from our council. The Council did, in fact, vote to support this application on February 28, but I failed to write and submit the letter of support prior to the March 3 deadline. I don't know if if is possible for this matter to be reconsidered or if a formaf appeal musl be made, but I thought the least I coufd do is get the letter in now and ask what I can do to help set this matter right. Please let me know what, if any, action I may take at this time. Thanks for your time and consideration. Steve Boland Executive Director Summit-University Planning Council 651-228-1855 steve@summit-u.com http://www.Sum m it-U.com � No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.1.385 ! Virus Database: 2682.2(280 - Re4ease Date: 3/13l2006 CC: <debbie.montgomery@ci.stpaul.mn.us> • o�-�b.3 Board of Directors M8fCh 14, 2005 cna�� PatriciaJames Sceve Wikon — Hallie Q. Brown Communiq DepartmenY of Planning and Economic Development ce�c�r 1400 City Hall Annex 25 West Fourth Street Vi�e Chair S81nt PaUI, MN 55102 Russell Flewellen � $etretary Amy Michaei Taazurer Kal el-EHendi Re: Zoning File 06-018991. Conditional Use Permit Request, Variance Request, Aurora 7hree- U�it Cluster Deveiopment by Emmett Booker Ms. James: � comm���ry The Summit University Planning Council held its monthly Neighborhood Issues Meeting on Improvemencand February 27, 2006 at the Hallie Q. Brown Community Center at 270 Kent Street N at 7:00 PM. safe�y, a"o- Fliers were distributed about this meeting concerning the Conditional Use Permit and Variance Rev, DarrylSpence requests from Mr. Booker to the immediate neighbors seven to five days prior to ihe meeting. Neighborhood Developmen; Chair The meeting was chaired by Carl Nelson of our Board. Information was provided by our Andy Morgan Community Organizer, Vanessa Levingston, regarding conversations with two neighbors she Communietions and talked with while distributing fliers that were supportive of Mr. Booker's proposal. An additional o�cread,, cn�� neighbor called the office with questions about the proposal as a result of the flier. No neighbors Crary Kruse appeared at the meeting to discuss this issue. Lutheran Church of the Redeemer 8onnie Hughes Lerzingron Ouveach Librery Alice Neve Ramsey Hill Pssociation Tim f orisse� u�rcy cn�� - Unitarian Paufine Eichten Frances Goodlow Sran Gardner Harty Oda Wendy Underwood Mary Gardner RosaGe Moore Vit Rosenthal Richard "Wood�" Erickson Cari Neison David Zucm Richard Klein6aum The SUPC Board took up this matter at its regular Board meeting on February 28. After discussion of these issues, the fuli board voted to support both the Conditional Use Permit and the variance . request by voice vote with no members dissenting. It is therefore the position of the Summit University Planning Council that the Conditional Use Permit and the variance should be granted. Thank you Tor your consideration. We would be pleased to answer any questions you may have. Sincerely, Steve Boland Executive Director Cc. Councifinember Debbie Montgomery 627 Selby Avenue - Sairrc Paul, MN 55104 :: Voice 651-228-1855 — Fax 651-225-I 108 httpJ/www.Summk-U.com — info@Summit-U,com � U6-s67 r-.��� � � � ����� � � � � ���� � ,' �: � � � :�: �� � ,� � ,-" � �� r. _ � w�� t� � � _ p - - ��� � _ -' f, ��,� � � �-. �[II!t ,� r;�� �- .�;,�, �� >$�yy .w." `4: r s r ,'_ <� ��� �'� ': '�, x.�: �� z3" '."""'� �,�: ' s ' i f .� ( �q � �.. :' I ! �.' Tc�� � r , � Q � � „�.n'.'/., :, {; :�n.. � F.. • 1��67 ZONING COMMlTTEE STAFF REPORT � J 1. FILE NAME: Emmett Booker 2. APPLIGANT: Emmett C Booker 3. TYPE OF APPLICATION: Conditional Use Permit & Variance 4. LOCATION: 885 Aurora Ave, between Victoria & Milton 5. PIN & LEGAL DESCRIPTION: 352923310131, MILTON ADDITION LOTS 24 AND LOT 25 BLK 1 6. PLANNING DiSTRICT: 8 PRESENT ZONING: RT1 7. ZONING CODE R�FERENCE: § 65.130, §61.501; 61.601; 61.202(b) 8. STAFF REPORT DATE: February 23, 2006 BY: Pafricia James 9. DATE RECEIVED: February 8, 2006 60 DAY DEADLiNE FOR ACT10N: April 11, 2006 A. PURPOSE: Condifional Use Permit for a 3-unit cluster development with variances of side yard setback (9 ft. each side required; 7 ft, each side requested) and lot area (9,000 sq, ft. required, 8,640 sq. ft. available) B. PARCEL SIZE: 80 ft. (Aurora) x 100 ft. plus 8 ft. for Yz alley = 8640 sq. ft. C. EXISTING LAND USE: M-Vacant Land D. SURROUNDING LAND USE: North: commercial uses on Universify Avenue (B3) East: single family and duplex residential (RT1) South: single family and dupfex residential (RT1) West: single family and duplex residential (RT1) FILE #: 06-018-991 HEARiNG DATE: March 2, 2006 E. ZONING CODE CITATION: §65.130 fists the standar�s and conditions for a cluster development; §61.501 lists general requirements for all conditional uses; §61.202(b) authorizes the planning • commission to grant variances when related to permits, using the required findings of §61.601. F. HISTORY/DISCUSSION: No zoning history was found for this property. G. DISTRICT COUNCIL RECOMMENDATION: District 8 made no recommendation as of the time of this staff report. H. FlNDINGS: C J 1. The applicant wishes to construct a three-unit cluster development on a vacant parcel. Two of the units will be two stories and have three bedrooms each. One of the units is intended for senior citizens and is one story with two bedrooms. A 4-car garage is proposed off the alley, at the rear of the property. There will be two outdoor parking pads adjacent to the garage, for a total of 6 off-street parking spaces available. I 2. §65.130 lists the standar�s and conditions for a cluster development: (a) Applicafions for ciuster development shall inc/ude site plans, including landscaprng and elevaYions and otherinforrnation the planning commissron may request. This condition is met; although the landscaping is minimal and species are not identified. (b) No unit shall intnrde on the vertical airspace of any other unit. This condition is met. 7he building plans show side-by-side attached units with no unit or portioh of a unit above anothec (c) 7he parce! shall have a minimum frontage of eighty (80) feet on an improved street and meet the lot area required per unit in fhe zoning district. Individual lots within a cluster development may have /ess than the required lot area for fhe zoning disfricf provided such reductions are compensated forby an equivaient amount of property owned in common elsewhere in the ciusterdevelopment. Lot area shail not include ar�as designated as puBlic orprivate streets. This condition is partly met. The parcel has 80 ft. of frontage on Aurora. The underlying RT1 zoning requires 3,000 sq. ft. of lot area per unit, for a totai of 9000 sq. ft. The parcel has 8000 sq. ft. of area. Including half the alley for density purposes increases the total to 8640 sq. ft., or 360 sq. ft. less than required. The applicanf has requested a modificationivariance of this standard. c�� s�� Zoning File # 06-01S-99i Zoning Committee Staff Report Page 2 (d) Structures shall conform to the dimensiona! sfandards for herghf, lof coverage, and setbacks for fhe zoning districf. Required yards within a clusterdevelopment may be reduced or eliminated provided required yards are mainfained along fhe periphery of the clusterdevelopment. This condition is partly met. The structures meet all the requirements of the zoning district except side yards. Side yards of 9 ft. are required in the RT1 zoning district, while the appiicant is proposing side yards of 7 ft., and has requested a variance of 2 ft. on each side. If the Planning Commission approves fhis variance, this condition will be met. (e) The design shall be compatible with the surrounding neighborhood. This condition can be met. Most of the surround'+ng properties were built in the late 1800's and eady 1900's. The proposed design uses some of the elerrients of the adjacent housing styles and period, including two-story consfruction and fronf porches, but more could be done with details of the exterior front fa�ade to make the design more compatible while still keeping fhe units affordable. (� Individual lots, buildings, street and parking areas shall be designed and situated to minimize alteration of fhe natural features and topography. This condition is met. The development retains fhe grade change at the front of the tot; the remainder of the properfy is flat, with no significant naturai features or topography. The rear of the site has very little room for landscaping, and the garage provides the only buffer from the commercial uses along University Avenue to the north. The addition of shade trees or additional tandscaping in the rear yard of the properfy would break up fhe amount of paving and provide shade for the patio areas. 3. §61.501 lists five standards that all conditional uses must satisfy: (a) The extent, location and i�tensity of the use tnill be in substantial compliance with the Saint Paul Comprel�ensive Plan and any applicable subar�a plans which were approved by the city counciL This condition is met. The cluster development is consistent wifh policies of the Land Use and Housing chapters of the Comprehensive Plan, including: "providing new housing to meet the gmwing markef of empfy-nesfers. ... (LUP 5.4); as a housing site along the University Avenue Corridor (LUP 5.4.4); promoting good design solutions that meef newer markets needs and use smaller development sites creatively. (HP 5.2); and encouraging a diversity of building and unit types to meet the diversity of the marlcet, particularly the needs of older persons looking for altemative housing in their own neighborhoods. (HP 5.4) The District 8 Plan (1980) also recommends reoccupying vacant land. (Major Recommendation 3) (b) The use livill provide adequate ingress and.egress to minimize tra�c congestion in the public sfreets. This condition is met. The use will provide parking off.the alley for up to six cars (4 in a_ garage and 2 on parking pads). This atley is shared with businesses along University Ave. and should be adequate for three residential units. . (cJ The use will not be defrimenfal to the existing eharacter.of fhe devefopment in the immediate neighborhood or endanger the public health, safefy and general welfare. This condition is met provided the design detailing along the front fa�ade of fhe residentiai development is enhanced to better fit in with the fa�ades of the surrounding structures. The building will be constructed under permits and approvals from the City, and should not endanger the publie health, safety, or general welfare. (d) The use witl not impede fhe normal and orderly development and improvement of the surrounding property for uses permifted in the districf. '�his condition can be met provided the design ofthe buiiding is revised slightlyto betterfit into.the e�asting tum-of-the-(19 century neighborhoocl. � � r1 �J (e) The use shall, in all otherrespects, conform to the applicable regulations of the distdct in O6 -567 Zoning File # 06-018-991 Zoning Committee Staff Report • Page 3 which it is locafed. This condifion is met provided the requested variances are approved. 4. Section 61.601 sets out the cequired findings for a variance of the Zoning Code: (a) The properfy in question cannot be put fo a reasonable use under fhe strict provision of the code. This finding is met. Existing dupiexes have been built in th+s neighborhood that do not conform to the current standards of the zoning code regarding lot area and perhaps setback requirements. The applicant has a double lot, v„tiich might have been developed with one duplex on each lot at the time this a�ea was originally developed. A three-unit cluster development one block from a major transit street, University Ave., is a reasonable use that cannot be accommodated underthe strict provision of ihe code. (bJ The plight of the landowner is due to cir�umstances unique fo his property, and fhese circumsfances were not crea#ed by fhe landowner. This condition is met. The area is platted with lots that are smaller and shallower than is the norm in Saint Paul. The applicant did not create these circumstances. (c) The proposed variance is in keeping with the spirit and intent of the code, and is consistent with the healfh, safety, corrfort, morals and welfare of the inhabifants of the City of Saint Paul. The variances are within the spirit and intent of the code, which seeks to avoid overcrowding of sites with buildings and to ensure adequate light and airto surrounding properties. The lot area is oniy 320 sq. ft. less than required, and the variances are two feet less than required while still being greater than the required setbacks for single family homes (4 ff.). The variances are in keeping with the health, safety, comfort, morals and welfare of Saint Paul inhabitants. (d) The proposed variance will not impair an adequate supply of light and airto adjacent • property, nor will it alterthe essentral characterof fhe surrounding area or unreasonably drminish establrshed property values within fhe surrounding area. This finding is met. After construction, sufficient area around the building will remain to provide an adequate supply of light and air to adjacenf property. Changes to the fa�ade design will ensure that the devefopment will not after the essentiai character of the surrounding area or unreasonably diminish property values. (e) The variance, if granfed, wou(d nof permit any use fhat is not perrnitted under the provisions of the code forfhe property in the disfrict where the affected land is located, nor would it alteror change the zoning district classification of the property. This finding is met. Cluster developments are permitfed uses in the zoning district, and the clusterwould not change the zoning district classification of the property. (� The request for variance is not based primarily on a desire to increase the value or income potential of the parcel ofland. This finding is met. The request for variance is based primarify on a desire to create a housing option for families and older residents. i. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the Conditionaf Use Permit for a 3-unit cluster development with variances to permit side yard setbacks of 7 ft. each side and a lot area of 8,640 sq. ft. subject to the foliowing additional conditions: 1. The appiicant provides additional architectural detailing to the front fa�ade of the building to ensure compatibilitywith surrounding structures. 2. Additional landscaping is provided near the patios in the rear of the property. 3. The project receives all other necessasy city approvals. • 5/ilN7. YS�L � �AAA CONDITIONAL USE PEi2PIftT APPLtCAT10P1 Department ofPlanning and Economic Developmexl Zoning Section ]400 Ciry Halt A�znex 25 West Fourth Street Sttint Pau1, MN SSIO2-1634 (65I) 266-6589 APPLICANT PROPERTY LOCATI ON ir• •J City t �'� YA�1� St.�_Zip ,S DaytimePhone(v�/ (n�5� %oZ� Name of Owner (if differenf) Contact Person (if Address / Location � �tl {COfLA .��V-� LegalDescription 3�-�9 �3 ,31 01.�/ Lo'�S ��/+�S' ��' � (aftach additional sheet if necessary) Zoning �T 1 TYPE OF PERMIT: Application is hereby made for a Conditional Use Permit under provisions of Cha ter � � p �� , Section � 3�' , Paragraph of the Zoning Code, SUPPORTING INFORMATION: Explain how the use will meet all of the applicable standards and conditions. If you are requesting modificafion of any speciat conditions or standards for a conditional use, exp4ain why the modification is needed and how it meets the requirements for modification of special conditions in Section 61.502 of the Zoning Code. Attach additional sheets if necessary. C ' L � � �O t d� �C�vO � � �� ❑ Required sife plan is attached ApplicanYs Sig Date o�'"7� � City Agent � � ' Zr �' K.VOrmslscup.app.wpd 1/5/OS - ,�" . �iuc'I ��'' APPLlCATION Ft3R ZONING YAR(ANCE OFFICE OF LICENSE, [NSPECT[ONS, AND ENYIRONMENTAL PROTECTION 8 Fourth Street East, Suite 200 Saint Paul, MN SSI01 65I-266-9008 APPLICANT „Za�ing us�o�ty,_.. :- '=:`,::_ ' FiJe number: ._ _ . . . Fee;' .$ ' ,� . . . - Tegtative hear.ing date: section(sj; Cifyagenf __�_ _ Address f IJ �7 1V ��i ��l)A/� _ --- ��b� Stat¢7.�i!� Zip��� � Daytime Phone_._�S!-�J C��(� Property interest of applicant (owner, contract purchaser, etc.) ��Nt'/�- Name of owner 1�:7�79� �jl Address/Location__ �U�[�✓��} L]11�L _" Legai description SJ` � -�..5� J� � t� % ...�i �oT �t/ ^� �$'- ��K � (aftach addrtional sheet if necessary) . Lot size �U X i O e� PreseM Zoning_� Preseot Use l�f� C/+�✓ 1 Proposed Use Variance[sj requested: Supporting Information: Supply the necessary information that is applicabie fo your variance request, provide details regarding the project, explain why a variance is needed. Duplex/fiplex conversions may require a pro forma to be submitted. Atfach additional sheets if necessary. Attachments as required: ApplicanYs signature � Site Plan � Attachments � Pro Forma Date Z��"�'� • • • ���� • Conditional Use Applicant Statement Legal Description: Milton Addition, Lots 24 and Lot 25 of B1ack 1 Both lots on the property aze zoned RTI which allows for two- two family dwellings to be constructed. The site has 8,800 squaze feet of azea; which does not meet the minimum 9,000 square foot requirement. The property is 200 squaze feet short ofthe required m;nimum. The conditional use is requested fo allow for a proposed cluster development on the site. This proposed building matches with fhe character ofthe adjacent properties. This use will not be injurious or alter the chazacter ofthe surrounding neighborhood. The circumstances of the property aze unique to this property and were not created by the owner. The proposed use will not increase traffic congestion on any of the surrounding streets or increase the danger of fire, or be detrimental to the public welfare or endanger public safety. • Variance Applicant Statement Legal Description: Milton Addition, Lots 24 and Lot 25 of B1ock 1 Both lots on the property are zoned RTl which ailows for two-two family dwellings to be constructed. The site has 8,800 square feet of area; which does not meet the minimum 9,000 square foot requirement. The property is 200 square feet short of the required minimum. A vaziance is requested for minimum lot size. The proposed three unit building will be composed oftwo-two story units and one-one unit. The reqnired side yazd is 9 feet. The vaziance requested is for 7' side yard setbacks. This proposed buiiding matches with the character of the adjacent properties. This use will not be injurious or alter the character of the surrounding neighborhood. The circumstances of the pxoperiy aze unique to this property and were not created by the owner • The proposed use will not increase traffic congestion on any of the surroanding streets oz increase the danger of fire; or be detrimental to the public welfare or endanger public safety. 66 GONGRETE Di2NE AND APRON — • � 4 GONGRETE � PATIO --�_ 4 � m GONGRETE �ORGH - O ALLEY _��� � - - ' - . . ... ................ � � -� � - 4 � `::'�`:.' �:: ; 4 CAR GARAGE ry , . 46 �- 0 ., O � '?t e� ��- I � CANGRETE YVRLK d 5TEP5 GONGRETE BLOGK RETAININ6 lNAf_L— bb'-O" P SED BZ -� { :12'�Y)":; 5�-0^ �ATI��'" `�-��-. 22'�2 1 /2�� " IB _. _ .J 0 ING n � 1.0 � 4 � � � I .- � �'� �'�IN�b�` "';` � I p�_� V ` 8 � 1 'm�� EXISTIN6 GONGRETE NWLK PLAN NORTH AURORA AVENTJE ru�nr- m 5' i�' 2�' SENIOR UNIT TOTAL: 91l SF. 3 BEDROOM LIN(T IST FLOOR: 812 5F. LOT ARE,4: 8,��� SF. 2Np �LOOR: 812 SF BUILD111Cz Af?EA: 2,591 SF. TOTAL: 1,62� SF. CxA(2ACs� AREA: I,ml2 S.F. 51T� PL�N ,�urora Place Townhou5es , �t of �urora t�venue � �li�toria 5treet -- �°�h�tecture y ���:O�utsource LLC 5t. Paui MII�IYIeSOI.a Y Theou;sidesource foryourAYChitechtraLneedr 2/06/06 598 Dayton Avenue St. Paul, Minnesota 557�2 . �65„-�,ppp�3 . s � � c � -t� � � � � O � � � - U -� ti� � � 0—� n ��� (D � � � � O��p �+c � � S � � � � O N � /�� �• V • i'�" � � � cY' • T N ' � I � � �I ,'o a o °_ ^ o n �+ - �� � � I ' `�° °s � n � m I o � � 11 I � � � � I � � r � A �I � ��I a 0 N - Si 8 � +`� � - r� � � l"1� � N A � � � .,. : -.._ - _—. _ _ -'BZ - � m � A � 0 < 1 '8 xz - �� e /l n §� oN � � � m m ��7 O � p A 4� m � �� € � `"- _ � 0 yo, O Z m� _ 0 0 n � F z --Q � � �D -' z � _ s [�xl � O � � H � b O � � �"j � � '� � �� B�m 6p6 y�� B � N� � < X � A A 0 rn ,-' A Z,.-.. � u p �, @ `� n X L W Z A r --� �_ I 1 I e � 1 �t • � L Z � � 6 1- s _ 0 � . d�o-S{� � --+ � - g _ : ' . D ` ;. o ' A bQ. __' ' D <" �1i r D 3 n � Y . g. � _ "_ b D n `° E � '�'1 ,. . . ,. . Bm op xA u f r � ' 'D'''�. � O V �� p A ' _., . . 6�-SG�� � �- O -►, � � � � �O � �() � � � � < � � � � c �� ��� � � { s � � O ,^ � V' � � Qj N N �- � co c� C"r m °t �� �. S , � �c m o o a o g y �i c m A r � � � m c V` m O O � O � ` A� Y �, s � " r �� �� �r �p � � a � d a � N �' � A r+ K � � � A ♦ \ \ Z � �� -' z � _ -��—..-- -: �� -- Bm 1 xO -�-3 0_m ;,v wO.. -3 0� .m x � �O 03 . . �� I g� , m� -+z Nm in0'" X O W O . A - �� .. ,- m �v x .� wd e �a I r O� � �Z � J _ • • u � � co � � � O � •� � p � �- O � Ct4 � � — t1 —� N� � ���� ���� � -� � � � � O { � � (� O � � � O tt� � co ni �' � � � co (o �- • �� � ;� �, ° � � � � �a o ° � ^ p � � < � ir m � 3 '^ � � V` G N O : �+ o � e A � � � � � c � � � � � � A � � � A O N � � � M+ • P4 � Q� !� M � � m a� -56 7 Zz-o" � �yv : ''! � � i� ' ., � � � ...Na ,',�'"`;_'=^: %.' � �:' � _ �� 'l'3!1 '? ` . _'>:y � x y ", . . \,_. ' �' ic-, _ � �� : t � . � - � J�,�.T.� t {i ' ������ � _�\ ' �p°�a �� �� � ti , '�.... ��...—�^_�-.e.: .t . 'y,`" .* :` ,7 ��1_ ' 1' a f} � `'�, ,'�` �`, i � � -\%. ��.� . i �''r�� i �� "� -3�. S . � ±�` M . f �j�t Kw`.a"f ,; ;`e f � � } � ��� y. 4�'! `^���° �. ..� . .. `F � r -1.� �� 1�= . f 2. _ i ;� - F � '.� r � , i n i � 4 £ % .�. .i t �" ` .i i ks Ya . � � �i X: w :%j� y � .. ,� , , Y�,rY`.'--� � . � , �} < ��� =�k ' � : �� � � � 1� . nv. 4, � �z� :.} �� q a .. '. S- } Y � s< � s3 k & �. � i �' t � ` 4 4 '* l � �. � 1 �� .... . .. #. i�Si: (k�S�. � t�. � ':' �/}:` p F ' t • • .� � f / .., �t '� _; ,, �---:°' �� � : � �� d � ' �f�° , : °�` . . � East of site —���� �`"$"�" Zoning File # 06-018-991 0�—�67 ,� 1 . - S t,:: .. : �. ' �a : �� - .�; , :, ;::` `s ���:r�., �: .� �: . ,; . � , ;., . �_;. � � �„ ' �; 4 � .�,"V`- �'�`?� �,�--=��:� y _f --`� . g I ! � ;��:� s4tY .� ,w. �.� n � �.:%� � ,.. �$? '� � `�'� ��{�� '? k ; 7 ��y� ..� `. �� � �� � � } � yt ��• � �� � • .'� e ' �•-�`.. •♦ � a f ,�. �! x '^ - ;_ � `. �. . ;��� �3 , :=' — — : ;��;..�� � 5 � ^ [ . 2 4' . � �' ;i?'h'�. ' Y: � _ :rj e( 1.{ . t . �t� � § i��,� �� : �) 3 i: � �. �.. 5` : � T �- w+Y 'u�- � ,� � • � • . y5-��i S�� J '� i _r+ ? v�' . �`-^;;�° 3���."_��_ ' :. k � � • • � • 1 � • • • � �., � �+ ..,a� � �`� .� �_ �,._� _ ��°-�"F�s� f� �-�-� �u � �� � `�� �-�, � N $ ���.,�, ,_: � � � � � ���������� l � � r 3.�� i .�s' � a. r + ` r �-� _.. . _ o � ._ -��� .`.s�.� _� �' �4�'v'� 5 .� P . 4i _' :� (1F ..,e'' �ii!! �T►;*�:s� � a � �� ;- � � �.���� ..�. P :t E ` -,--�..,,.: r ;. �. .,,.4 -_�.. . -. � ���� . � �, ��� � � �� � � �l � ����. �f�� � ��� � ����� £�� � a � O��b7 � � S.s' �}�����5� lJt�l����F�����I�. ��I�I i������� , f ! � �1 E Q��>� �'`t�i����� ��� ��'� � �( �..���� � � ��.�� ��£���`��� Q � � �� C��� � ��i� �� ��� ,� �� ����_!i€�� �; . 30�� . . . - t- F.�?LIC,S�`:T. 'URPOSE � _ ,� r, �.' ,�' .. r DATE � �� _ P.tAf' :' F � � �'?� � c�9 ,. � � ! I } , ����E��� �� � �� . ����������� � � � � �i � ����� � � � �.� �_.. � _._ ARl1V.C/�'B T) C✓�C,I!'� . _' _' - f �EGEND �*�� zon�ng d�stricl t���nd=_ry Gii�llTlll� 5 ,����� p � o ��„� 0 one Izmily � . ?�.�:o lamily f�� �} fnultipl? family ��� �� o'if • ♦ n COffi;�?��i2' q b.a in�us�'�'� V vacz�: o��s�� . . A � b � � •-� ����.. , � I� - _ a _ ,..�: � v�-o���15 - � � • ST. PAI l � ' ��. O �_��� S:PAYNE-PHALEN Z:GREATER EAST �; lo � �� F� \ �a . - nn Ne E �� � r�.....�� 3R0 �4. DAYTON'S BLUFF , G MV�SON 1 ONI)OSO �\ � V I � RN i�� �_ � F � � '�.. R �\\ • F � ( MO RF �4� �_� �� ' 1. SUNRAY-BATT EC '16. SUMMIT NILL N � 15:HIGh �''�� " 1 • � . l. . .. . , CITIZEPI F�A;;TIC1�{;TI�Od DIS�2:CiS , • � . EFTI�EN F PLANNING DISTRICTS 1 .SUNRAY = BAT7LEC&EE��HTGHWOOD 2.6RE{kTER EAST S.IOE 3.WEST' �IDE 9.DAYTON'S BLUFF . S:PAYNE-PHALEN �� 6.NORTH END ,� Ot�iAS-.DALE - � � D � � � 9� 8,S I�IT-UNIVERSITY — e : EST SEVENTH l0. COh16 11.HAMLINE-MIDWAY 12..ST, ANTHOhfY , 13.MERRIAM PK.-LEkINGTON HAh1LINE 14.GROVELAND=MACAtESTER 15.HIGHLAND 1&�SUMMIT HILL U .DOWNTbWN 1 0 � � ���`,� � �-, -� �:_ __,-..�_. � � � _ �, _ � � ���� � � � ���� °c� �F�`���i�� c��� � � ,���. � � � , �� ������� � o�� ��� � �� ��c�,� � � � � ; , � �,�,. ��� a a � `p � c� � ���! � ; �� { ;r 04�{3� �� �)C5 �Q � ���'��C C� � CC:� � � {� � f� j ,�._ � � �. � � � I � � I � ( ( 1 C �� aanv,�e�t � crar� FP?LlCA�1T ���"'� ��! � ��. LEGcND � -� PJ2POSG ��11at� r'w�.,�.t uSE /t/'ar� W+�--�� zoningdislriclt�undzty fQ �/�� Giprofie,iy n'`- oY�h�--. =1LEI-'D���1v DATE � O(O f�/1Z�� suSj= ?Lt�G. D(ST� PAAP � o on� fzmi4y •� � comm� c� r� � F.vo lamily ;.a,,e, industra auy � ...-F'„"'� ' f�-�Q multi?I� (amily �' vaczn; _ , • e � � � � _`_ � � — v���� � �_� o�-sb� ���■■. ��������. a ��:��� �C����' SUMMIT—UNIVERSITY � DISTRICT $ NO �° '9 � n000 .� � � SGLE iH FER ��4 . � � � ����� � � �6 `� ��5� I o�-Sb7 ST. PA'. ( � i - ti. - : CITIZEN�PWRI'ICiPAiIO DIS Et CTS -�--`�� r^ � �a� _, anuucraN � h 0 (�y � p 7 Z: GREATER EAST SfDE - � I � � r�x ` � ]RO — � toxuoso uw� - 1. SUNR4Y-BATiLECREEK��� -HIGHWOOD I I � 11: HAML £ -'_V`w.. ' � 1 N � 15: HIGF �'�. : � e �.. / � . .. .. � . . CETI�€�i PARTTCIPATION RLAMNING pISTRICTS . i.SUNRAY=BkT7L�CREE�f�HIGHW00D . � 2.GREATER EAST S.IQE 3.WEST �IDE - _4.DAYTON'S BLUFF . - 5:PAYNE-PHkLEN - 6.NORTN EM� � -���� � OMAS=.DALE � 8 MIT-UNIVERSITY ^ ." EST SEVENTH I�.COMO . 11.HAMLINE-MIDWAY 1Z.ST. ANTH�NY , 13.M�RftIAM PK.-LEXIFfGTON HAMLINE 14..GROYEIAND=MP,CALESTER _ . • 15.HIGNLANO � �. 16.SUMMI7 NILL � 17.�OWNT6WN ' •