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07-1130Council File # (��3b GreenSheet# �p4h211 RESOLUT{ON �� 4�T MINNESOTA Presented by � Approval of Variance of Subdivision Regulations z 3 WHEREAS, James and Angela Goddard, Zoning File # 07-169-743, have submitted for City Council a approval a variance of the subdivision regulations to permit the creation of a dead-end alley by vacating a 5 section of the alley from 535 Montcalm Place north to Montcalm Place; and 6 7 WHEREAS, notice of public hearing before the City Council was duly published in the official newspaper 8 of the City on October 22, 2007, and notices were duly mailed to each owner of affected property and 9 property situated wholly or partly within 350 feet of the subject property; and lo >> WHEREAS, the City Council held a public hearing on the proposed variance on November 7, 2007, at 12 which all interested parties were given an opportunity to be heard, and t3 ia WHEREAS, the City Council having considered all the facts and recommendations concerning the �s variance makes the following findings: 16 Sec. 69.703 authorizes the city council to grant variances to the subdivision regulations when » compliance would create an unusual hardship to the development of the land, based on the 18 following findings: 19 (1) The intent of this chapter is met. The intent of the subdivision regulations includes zo protecting and promoting the public health, safety and general welfare and providing zi adequate public services and facilities. A through alley or a turnaround enables fire 22 trucks, rubbish trucks and other similar vehicles to avoid backing out of the alley. The 23 existing condition (no through alley and no turnaround) has existed since the houses z4 were constructed with no apparent problems. In addition, the Fire Department as well as zs other public and private utilities have approved the vacation with no reservations. z6 Therefore it appears that there are no safety and service issues and the intent of the z� 28 29 30 31 32 33 34 35 36 37 38 39 40 4l 42 43 44 45 code is met. (2) The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located. Since all City departments and private utilities have approved the vacation and adjoining property owners have signed a petition agreeing to the vacation, granting the variance will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the area affected by the alley vacation. (3) The conditions upon which the request for a variance is based are unigue to the property for which the variance is sought and are generally not applicable to other property. The request for variance is based on a desire by the applicants to maintain the alley property in a manner consistent with the rest of their property. This portion of the alley has never been used for access, although the alley north of the applicants' property is being used as a driveway for a neighboring property owner. This situation is unique and not generally applicable to other property. (4) The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. The literal interpretation of this provision of the subdivision chapter would deprive the applicants of the right to vacate a portion of an alley that has not been used or needed for access since it was piatted. CouncilFile# b � JJ/ �� Page 2 1 (5) The special conditions and circumstances do not result from the actions of the applicant. 2 The applicants did not create the conditions surrounding the request for variance. 3 (6J Because of the particular natural surroundings, shape or topographical conditions of the 4 specific property involved, unusual hardship to the owner would result, as distinguished 5 from a mere inconvenience, if the strict letter of these �egulations were carried out. The 6 topography of this portion of the a{ley and the existence of a driveway that blocks alley 7 access from the north creates an unusual hardship to the owner. s 9 NOW, THEREFORE BE IT RESOLVED, that the City Council approves the variance of subdivision to regulations to permit the creation of a dead-end alley by vacating a section of the alley, subject to the t t condition that a copy of the Council Resolution approving the variance be filed with the Ramsey County iz Recorder's Office along with Council Resolution 07-1058 approving the alley vacation. 13 14 AND BE IT FURTHER RESOLVED, that the City Clerk shall mail a copy of this resolution to the Applicant, ts the Zoning Administrator, and the Planning Administrator. 16 Requested by Departme�t of: � Planning &'Economic ment B , � Adopted by Council: Date 1� �� I(y�'" — r -- � Adoptio�rtifie y oa ci] ecretary By: Approv rl o: D�t�e �� / p By: Form Approved City Attorney By: �� '✓W✓w-� / � � �S � �? Fottn prove y M fo ub s on to ci] By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 07 � PE — Planning&EconomicDevelopment I o&NO�-0� I Green Sheet NO: 3046211 � Contact Person & Phone: , Patricia James 266-G639 � Must Be on Council Anen by Doc.Type: RESOLUTION '�, E-Document Required: Y ' Document Contact: Patricia James �� Contact Phone: 266-6639 � ueparunee� aenc �orerson 0 Iannin & Economic Develo m Patricia James Assign 1 Iannin & Economic Develo m Director/C. Bedor Number Z ' Attorue Cti Attorne For Routing 3 a or's Office Ma or/ASSistant Order a ouncil Ci Cauncil 5 ' Clerk Ci Clerk 6 lannin & Economic Develo me Pahicia James ToWI # of Signature Pages _(qip All Locations for Signature) Approve resolution memoria7izing Ciry Council action [o approve Variance of subdivision regulations to permit the creation of a dead alley by vacating a section of the alley (ZF# 07 Public hearing held November 7, 2007. Planning Commission CIB Committee Civil Service Commission i. Has tfiis person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3 Does this person/firm possess a skill not nortnally possessed by any current city employee? Yes No Explain all yes answers on separote sheet and attach to green sheet i Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): , James and Angela Goddazd applied for a variance of subdivision regulations to permit the creation of a dead-end alley by vacating a �I section of [he alley from 535 Montcalm Place north [o Montcalm Place. The Council approved the variance and also approved the �� alley vacation a8er the public hearing on November 7, 2007. ' Advantages If Approved: ' City Council intent is finalized. �`�' _ 9'l�� _ .� � _... +. e;�� Disadvantages If Approved: None. `.': � , �� 3 �` ��t `�,,�.6 � � �, Disadvantages If Not Approved: I City Council action will not be completed. Transaction: Funding Source: Financial Information: (Explain) CostlRevenue BudgHed: Activity Number: ,C+., ��!�'�� NaV 19 2007 November 8, 2007 137 PM Page 1 DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Cec+le Bedor, Omecfor Q /� CTTY OF SAIN'I' PAUL Chrrs7apher B Coleman. ,bfayor October 15, 2007 Ms. Mary Erickson City Council Research O�ce Room 310 City Hall Saint Paul. Minnesota 55102 Dear Ms. Erickson: 25 West Fourth Stree� SalntPaul, MN55lOZ Telephome: 65l-266-6700 Facsrmde� 651-228-3220 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, November 7, 2007, for the following zoning case. Zoning File Number: File Name: Applicant: Address: Purpose: Previous Action: 07-169-743 James and Angela Goddard James and Angela Goddard Altey from 535 Montcalm Piace north to Montcalm Place Variance of subdivision regulations to permit the creation of a dead- end alley by vacating a section of the alley PED staff has recommended denial of an alley vacation because creation dead-end alleys are not permitted by the subdivision regulations unless there is an adequate turn-around. I have confirmed this day with Councilmember Harris's office. My understanding is that this public hearing request will appear on the Council agenda on or before the October 24, 2007, 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. Sir�c rely, Patricia James City Planner cc: File #: 07-169-743 Applicant/Appellant: Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson James and Angela Goddard NOTFCE OF PDBLIC HEARING 'I4ie Saint Pavl City Councii will con- duct a public hearing on Wednesday, No- vember 7, at 5:30 p.m. in the, City Councll Cl�ambers, Tl�ix'd Floor, �ty Hall / Court- house, 15 West Kellogg Boulevazd, St. Paul, MN, to consider the appllcation of James and Angela Goddard for Variance of subdvision re�ilations to permit the creation of a dead end alley by vacating a section of the alley from 535 Montcalni Place north to Montcalm Place. (ZF 07-169-743) Dated: October 1$ 2007 MARY ERICKSON, � Rssistant City Council Secretary �� _- —� ST. PAUL LEGAL iEi]GEB --_ zaisoisz AA-ADA-EEO EMPLOYER DEPARTIv�NT OF PLAN]VING & � ECONOMIC DEVELOPMENT , Cecde Bedor, Director _ 07�1/3d CTTY OF SAINT PAUL C6risfopher B. Coleman, Mayor October 15, 20Q7 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Mi�nesota 55102 25NJestFourthStreet Zelephome:651-266-6700 Sa:ntPaul,MN55702 Facsimi(e:651-228-3220 Re: Zoning File #: 07-169-743 File Name: James and Angela Goddard Applicant: James and Angefa Goddard Location: Alley from 535 Montcalm Pla�e north to Montcalm Place Purp9se: Variance of subdivision regulations to permit the creation of a dead-end aliey by vacating a section of the alley City Council Hearinq: November 7. 2007 5:30 p.m Citv Council Chambers • Staff Recommendation: District Council: Deadiine for Action Staff Assigned: Attachments: cc: Zoning File 07-169-743 Applicant: James and Angela Goddard City Council Members District Council: 15 Wendy �ane Larry Soderholm Allan Torstenson Peter Warner u District 15 has made no recommenclation December 3, 2007 Patricia James, 651-266-6639 Staff Report packet AA-ADA-EEO Employer SUBDIVISION VARIANCE STAFF REPORT D�-l130 FILE # 07-169-743 • APPLICANT: James and Angela Goddard HEARING DATE: November 7, 2007 2. TYPE OF APPLiCATiON: Variance ofi Subdivision Regulations 3. LOCATION: Alley from 535 Montcalm Piace north fo Montcalm Place ' 4. PIN AND LEGAL DESCRIPTION: Portion of Lot 10, Auditor's Subdivision No. 88 5. PLANNING DiSTR1CT: 95 PRESENT ZONING R2 6. ZONING CODE REFERENCE: §69.304; §69.703 7. STAFF REPORT DATE: October 15, 2007 BY: Patricia James 8. DATE RECEIVED: October 4, 2007 DEADLINE FOR ACTION: December 3, 2007 A. PURPOSE: Variance of subdivision regulaticrs to perr�it the creaticn of a dead-end alley by vacatina a section of the alley B. PARCEL SIZE: Platted aliey is 20 ft. wide. Portion proposed for vacation is approximately 140 ft. in length. C. EXISTING LAND USE.: The site is an unimproved residential alley D. SURROUNDING LAND USE: The ailey is surrounded by single family dwellings in the R2 district. E. ZONING CODE CITATION: §69.703 sets standards for approving variances of the subdivision regulations. F. HISTORY/DISCUSSION: The alley between Edgcumbe Road and Montcalm Place was platted • as part of Auditor's Subdivision No. 88 in 1935.. The southern approximately 235 feet of the alley has been paved; the remainder is unimproved, although a few additiona{ homes use it to access fheir garages. G. DISTRICT COUNCIL RECOMMENDATION: District 15 had not commented at the time this staff report was prepared. H. FINDINGS: 1. The applicants have requested vacztion ef !he northern pertien of the alley (approxim2tely 140 ft.) starting at their property li�e and running north to the intersection with Montcalm Place. This portion of the ailey is not used for access by the adjacent houses, except that the owner of 1330 Edgcumbe Road has built a driveway in the ailey right-of-way to access his garage from Monfcalm Piace. Sec. 69.502 states, in part: Generally, dead-end alleys shall be prohibited, but, where unavoidable, shall be provided with adequate turnaround facilities as may be determined by the director of public works. The applicants are requesting a variance of this portion of the code to create a dead-end alley with no turnaround. 2. Sec. 69.703 authorizes the city councii to grant variances to the subdivision regulations when compliance would create an unusual hardship to the development of the land, based on the foilowing findings: (1) The intent of this chapter is met. The intent of the subdivision regulations includes protecting and promoting the public health, safety and general welfare and providing adequate public services and facifities. A through ailey or a turnaround enables fire trucks, rubbish trucks and other similar vehicles to avoid backing out of the alley. The existing condition (no through ailey and no turnaround) has existed since the houses were constructed with no apparent problems. In addition, the Fire Department as weli as � other public and privafe utilities have approved the vacation with no reservations. Therefore it appears that there are no safety and service issues and the intent of the code is met. Zoning File # 07-169-743 Variance Staff Report Page 2 of 2 (2) The granting of the variance will not be defrimental to ti�e public safety health or welfare (�) (4) or injurious to other properry or improvements in fhe neighborhood in which the property • is located. Since all City departments and private utilifies have approved the vacation and adjoining property owners have signed a petition agreeing to the vacation, granting the variance will not be detrimental to the pubfic safety, health or weifare or injurious to other property or improvemenfs in the area affecfed by fhe alley vacation. The conditions upon which the request for a variance is based sre unique to the property for which fhe variance is sought and are genera(ly not applicable fo other property. The requesf for variance is based on a desire by the applicants to maintain the alley property in a manner consistent with the rest of their property. This portion of the alley has never been used for access, although the aliey north of the applicants' property is being used as a driveway for a neighboring property ownec This situation is unique and not generally applicable to other property_ Tire literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly anjoyed by other properties in the same zoning distrrcf. The liferal interpretation of this provision of the subdivision chapter wouid dep�iye the applicants of the right to vacate a portion of an a(ley that has not been used or needed for access since it was platted. (5) The special conditions and circumstances do not result from the actions of fhe appficant. The applicants did not create the conditions surrounding the request for variance. (6) Because of the particular natural surroundings, shape or fopographical conditions of the specific property involved, unusuaf fiardship to the owner would resulf, as distinguished f�om a mere_ inconvenience, if the strict letter of tirese regulations were canied out The topography of this portion of the alley and the existence of a driveway that blocks alley access from the north creates an unusuai hardship to the owner. . i. �?A�F RE�O�,A1i:�N�JAT!ON: Base� �n the findirgs'�, variances, staff recc��mends a�,proval of the variance to create a dead end a!!ey without a turnaround, subject to the City Council approving the alley vacation. _ P.ttachments: Application Site Location Maps • APPLICATION FOR ZONING VARIANCE - , g office use only _ ; -: - ..:�� t� �.: � irnber . �:. . _ �. -. '�_ . �[u►]� _Fee:` =,�: . ' `` < > �� f�771 Departmext ofPlanning and �'conomic DEVelopment - --� - � . o� -- Zonircg Secc�on `�� S Ter�fative heanng-da�e �`�!"�__�ia1�� 1400 City H¢IZ Annex r :Section(s): _.,: -: -� � � . y ��ni� 25 6T'est Fourth Street - - _ -- - � - Saint Paul, MN SSIO2-1634 - -' - '- - - ° = - . (651)266-6589 ° a entR :�•:':.'•- .,. -.:,;;_,-_ :-.. fY _9._. APPLICANT � PROPERTY Name James K. & Angela Y. Goddard Company e,�,�.o�� 535 Montcalm Place City St. Paul StateMN 55116 Zip DaytimePhons 651-20d_-3970 Property interest of appiicent (owner, contract purchaser, etc.) OWner Name of owner (if Address/Location Alley on West side of home at 535 Montcalm Place Legal description rortlon of (attach additional sheet if necessary) 10, Auditor's Subdivision No 88 acent to Lot 17 of that 5ubdivision Present Zoning R PreseniUse Single family Proposed Use Sinqle familv dwellinct dwelling Lot size Variance[s] requested: A variance from the provisions of Section 69. 502 of the City Zoning Code (prohibiting dead-end alleys) to enable the vaca- tion of a portion of an alley pursuant to the Petition of Applicants and others, affecting the alley c�escribed as Lot 10, Auditor's Subdiv- ision ATO. 88. Supporting Information: Supply the necessary information that is applicable to your variance request, provide details regarding the project, explain why a variance is needed. Duple�c/tripiex conversions may require a pro forma to be submitted. Attach additional sheets if necessary. See attached sheet. � � `�� Attachments as required � Site Plan � Attachments . pro Forma ' • • - ��%lll�'%/�r�'�!-�l//�//,i�!%��.. _ , . � �...� . KUEPPE$S, HACgEL & KUEPPEHS, P.A. ATlO$NEYS 6T LAw - SUITE 800 101 E�ST FIFTH� STEEET SAINT PAIIL� MINNESOTA SS10I (651) 228-1104 FB.ED A. HvEPPEas, .]B. FAX (651) 297�6599 JOAN M. HACICEL aossaa s. s�PPEas pctobet 3, 2007 Allan Torstenson Dept. of Planniug & Economic Dev.lCity of St. Paul 1400 City Hall Annex 25 West Faurth Strze� St. Pau1, NIlV 55102 Re: City File No. 06-X-02 Our File No. 13357 Deaz Mr. Torstenson: • On behalf of James K. and Angela Y. Goddazd we submit herewith an Application for Variance - under the provisions of §69.502 ofthe City Zoning Code. This Application is a companion to the Petition fo Vacate the City's interest in the alley adjacent Yo the residential property at 535 • Montcalm Place :n St. Paal. Tke Vacation Pett�en was filed with the �ity �teric cn about July 24, 2007. Attached to the Application for Variance is a check payable to the City in the amount of $450.00 in payment of the filing fee. It is our understanding that the Applicafion for Variance and the Petition for Vacation of the alley will be the subject of a public hearing before the City Council. We request that both matters be set on the same agenda. We also request that you advise us soon as practical as to the anticipated hearing date. Very truly yours, KUEPPE ; HAC L KUEPPERS, P.A. By ` `�� Fred A. Kue rs, . FAKjr/rq Enclosures c: Jean Bargen • James K. and Angela Y. Goddazd ��-//3d • ATTACFIlYIENT TO APPLICATION OF JAMES K. GODDARD AND ANGELA Y. GODDARD FOR VARIAlVCE The owners of the home at 535 Momcalm P1ace and other abutting owners, have petitioned for the vacation of a portion of the alley adjacent to theu homes. A copy of the Petition, including a plat drawing, is attached to this variance request. That plat drawing is submitted as a required attachment to this Application foz Variance. If the vacation is anproved, the remaining alley will not conform to Section 69.502 of tt�e Zoning Code because it will be a dead-end alley. Such a dead-end alley is in fact in p;acz, and has been for at least the last 50 years, without objection. The opened portion of the alley dead-ends at the 3outh line of Lot 17 (535 Montcalm Place) because at that point the ground has a significant upward slope such that it is impractical to grade out a roadway. Major retaining walls would be required on both sides of the roadway. The owners abutting the unopened alley sought to be vacated, are aftempting to improve the appearance of their backyard. The present unused alley area is unkempt and creates a significant devaluation of their property. If the adj oining alfey is vacated, they will install landscaping and fencing, thereby improving the appearance and utility of the area. They cannot malce these • improvements while the land is a pubiic alleyway. The facts support findings that: (1) The intent of this Chapter is met; that is, alleys are required only where driveways from the street are impractical. In the area of the alley vacation all homes haue a driveway from the street, so that an aliey is unnecessazy; (2) The granting of the variance will not be detrimental to public safety, health or welfare or injurious to other property - the City Public Safety Departments have not made objection to the vacation and the vacation will not change nor worsen any of the on-site physical conditions aad limitations which p*esently exist ar.d : f�r 5� years last pas�; (3) The conditions upon which this request for a vaziance is based aze unique to this alley situation and are not generally applicable to other properties; (4) The literal interpretation of the provisions of this Chapter would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district - the continuarion of alley status for this land azea causes the adjoining owner to unnecessazily suffer an unsightly condifion and other properties in the same zoning district do not suffer from a similaz condition; C� (5) The existing conditions and circumstauces do not result from the actions of the • Applicants; and (6) Because of the particular natural surroundings, shape or topographical condi6ons of the specific property involved, unusual hazdship to the owners will result, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out. • • U sw�Hr PAUL � A�pA 0�7�//3O PETITION TO VACATE CI�'Y INTEREST I(we), the undezsigned, consatu[ing a ma}oriry of the ow�er, (or their legally designzted iepresen:alives) of the abutting properties, do hereby pe[ition the Council of the Ciry of Saint Paul to vacate its interes[s in the property(ies) legally described as follows: That Part of Lot 10, Auditor`s Subdivision No. 88, St. Paul, Minn. which lies North of the Westerly extension of the South Line oi Lot 17 in said Subdivision; and a11 rights to install andJor maintain utilities within the vacated strip. I(we) request [his vaca[ion for Ihe following reason(s). (Indicate whether you will be building on the site.) The subject strip of land was designed £or alley purposes but has not been opened for that use and there will not be cause to open it at any future time. The adjoining owners do not intend to build on the strip. I(we) have attached six copies of the site plans of any deve]opmen[ in[ended for construction on Ute lands to be vacated. Person(s) responsible for payment of vacation fee and for acceptance of the terms and conditions of c.^.tact Pe:sar. the vacation: Name: Fred A_ Kueppers, Jr., Esq. N � 1e ' James K. and Angela Y. Goddard Phone: (651) 228-1104 Phone: i �651) 204-357G Address: 1�1 East Fifth Street, Ste. 80(�'daress: 535 Montcalm Place St. Pau1, MN 55101 Email: f kueppers@kuepperslaw.com Emai1: Alternafe Contact Person Name: Phone: Address: �ail: Nazne: Phone: Address: Email: St. Paul, MN 55116 u Signatures of Owner(s)/Representative(s) � - �c�� Kathryn J. Anderson I �� M. Lynch of Property(ies) Described BeIow: Lot 17, Auditor's Subdivision No. 88 • Lot 5, Auditor`s Subflivision No. 88 Lot 4, Auditor`s Subdivision No. 88 Lot 3, Auditor's Subdivision No. 88 r 1 L J � ARg21a Y. Goddai'd ��e petitioner, or one of the pecitioners in ihe above matter; andT do hereby swear and verify tha[ each of the signatures on Ihis petition was signed in my presence by [he person described in die pe[i[ion. !" .� A / l f � l / / Pe � /�g e Y. Goddard V / vl. Subscabed and sworn to before me this � �— �� day of � � �� / �� 20 0 7 l�a�a�! �_ � _ ��/ _I .. Mycommissionexpires ��//1 � ��, ��d • ,--� NANCYAANDERSAN --- -- ---- � -- - � - - - Notary publie Mi�nesota > MY �x�ion Fxpues Jax�ay37.20ip 6� //30 �:;:.: ;_ _�.,_. �. .. . . h �� ' - "_.�`� � � :.�: � t: »;£�: .f <.��. ��--� - --y - �+� ' ::�y�..�: ' . .'�;,>�' . � � , ';. �` � . � ��. � �•pe . 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