07-620Suspension — July 11, 20�7
OF
Presented By
RESOLUTION
PAUL, MINNESOTA
Council File # 07-620
Green Sheet # 3041710
1 WHEREAS, Pursuant to Minn. Stat. § 462357 and Leg. Code § 61.800, Teresa Deming, in
2 Zoning File No. 07-074-940, duly petitioned to rezone property commonly known as 1539-1541
3 Lincoln Ave, and legally described as SiJNIlVIIT VIEW LOT 19 BLK 3, PIN 032823320104,
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from R4 one-family residential to RT2 townhouse residential; and
WHEREAS, on May 24, 2007, the Planning Commission's Zoning Committee, having provided
notice, duly conducted a public hearing regarding the said rezoning petirion where all persons
interested were given an opporiunity to be heazd and, at the close of the hearing, and over the
recommendation of staff to deny the application, the Committee moved to recommend approval
of the application; and
WHEREAS, on June 1, 2007, the Planning Commission considered the said rezoning petition
and, based upon the recommendation of the Zoning Committee, moved to recommend approval
of the rezoning petition to the City Council far the reasons set forth in Planning Commission
Resolution No. 07-39 which is incorporated herein by reference; and
WHEREAS, a notice of public hearing before the City Council regarding the said rezomng
petition was duly published in the official newspaper of the City on 7une 11, 2007, and notices
were duly mailed to each owner of affected property and property situated wholly ar partly
within 350 feet of the property sought to be rezoned; and
WHEREAS, on July 5, 2007, a public hearing befare the City Council was duly conducted
where, again, all interested parties were given an opportunity to be heard; NOW,
THEREFORE, BE IT 12ESOLVED, that the Council, having considered all the facts and
recommendations conceming the rezoning petition, makes thee following findings of fact and
conclusions:
1. Based on a complaint inspection, city inspectors found that the building
was illegally converted to a triplex in 2004. Triplexes are first allowed in
the RT2 district. The applicant is proposing to rezone to RT2 in order to
retain the illegal triplex and bring it into conformance with the zoning
code.
2. The area surrounding the building is a mix of uses, including commercial
zoning at the end of the block at Snelling. Although the duplex borders
RM2 Multiple-Family dwelling urrits on the south side of Grand Avenue,
the proposed zonang is not consistent with the R4 One-Family Residential
zoning on either side of the building and to the south. This single parcel
would not meet the intent of RT2 zoning as stated in §66.214, "to serve as
a zone of transition between one- and rivo- family residential districts and
multiple-family residential districts."
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07-620
�
The proposed zoning is consistent with the Housing Chapter of the
Comprehensive Plan. Policy 5.2 states: "Promote good design solutions
for housing that meets newer market needs and complements existing
Saint Paul neighborhoods, designs that use the smaller development sites
creatively and that provide for housing in mixed-use neighborhood
centers." The proposed rezoning is inconsistent with the District 14 Plan
Si.iminary, one of whose Housing objectives is to "maintain the
single-family chazacter of the district."
The proposed is compatible with uses to the north, but it is incompatible
with the low densiry residential character of the uses along this portion of
Lincoln.
5. Court rulings haue determined that "spot zoning" is illegal in Minnesota.
Minnesota courts have stated that this term "applies to zoning changes,
typically limited to small plots of land, which establish a use classification
inconsistent with the surrounding uses and creates an island of
nonconforming use within a larger zoned district, and which dramatically
reduce the value for uses specified in the zoning ordinance of either the
rezoned plot or abutting property." This proposed rezoning would create a
single lot of multi-family zoning in an immediate area that is single
family, which could be considered a spot zoning.
6. The Planning Commission has established guidelines for applications to
rezone single parcels far triplex conversions. While not themselves
requirements, these guidelines lay out additional more objective factors
the Planning Commission wishes to consider in determining whether to
approve these rezoning applications. The Planning Commission's Triplex
Conversion Guidelines state that staff will recommend denial unless the
following guidelines aze met:
A. Lot size of at least 10,000 square feet. This guideline is not met.
This criterion is based on an earlier version of the zoning code that
required a minimum lot area of 10,000 sq. ft. for multiple family
uses. The current zoning code requirement is 9,000 sq. ft.
However, even after including %z the alley width, the lot area of
this parcel is 8,000 sq. ft.
B. In the case of existing houses, a gross living area after completion
of the conversion of at least 2,700 square feet for the three units.
This guideline is met. According to figures provided by the
applicant, the gross living area for all three units is 3,962 sq. ft.
C. In the case of existing houses, four off-street parking spaces
(non-stacked) are preferred; three spaces are a minimum
requirement. New h are required to provide four off-street
parking spaces. A site plan showing improved (durable,
permanent, dustless surface) parking spaces must be provided.
This guideline appears to be met. The applicant did not submit a
site plan, but the site investigation shows a 2-car gazage and a
pazking pad next to it that could accommodate 2 or 3 additionai
cars.
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D. The property is located within a mixed density or mixed use
neighborhood, not in a homogeneous single-family azea or in an
azea where duplexes and riiplexes aze already concentrated to the
point of congesting neighborhood streets. T1us finding is met.
There is a mix of uses in the general area (to the north along Grand
Avenue and to the west at Snelling); however the immediate azea
to the east, west, and south is single family in nature.
E. The units must be inspected by the Fire Marshal's Office as part of
the Certificate of Occupancy program required for all residential
structures with three or more units. This guideline can be met.
The Fire Marshal's office has inspected the building and has found
a series of deficiencies. When these deficiencies are corrected, and
if the City Council approves the rezoning to RT2, a Certificate of
Occupancy can be approved.
F. An economic feasibility analysis has been conducted for those
cases where economic hardship is claimed as one reason for the
variance request. Applicant should supply city staff with the
necessary information. This guideline is met. The applicant has
submitted an analysis showing a negative cash flow if the third
unit is not allowed.
AND, BE IT FURTHER RESOLVED, that the petition of Teresa Deming to rezone property
legally described as SUMNIIT VIEW LOT 19 BLK 3, commonly known as 1539-1541 Lincoln
Ave, from R4 to RT2, based upon the facts and conclusions above stated and as set forth in the
staff report dated May 10, 2007, which is also adopted herein by reference, is hereby denied.
r1ND BE IT FURTHER RESOLUED, that the City Clerk shall mail a copy of this resolution to
the Applicant, the Zoning Administrator, and the Planning Administrator.
Requested by Department of.
By:
Fortn Appr by City Attorney
By: /D"� �✓qM�a-� 7 — �� C7
Form Approved by Mayor for Submission to Council
By:
07-620
� GreeaSheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�A ��� �����`��: I DaJU j Green Sheet NO: 3041710
Contact Person & Phone:
Counalmember Hartis
266-8630
MUSC tsC oI1 l'AU[1Cfl AcJEifC'.
11-JUL-07
Doc, RESOLUTION
E-Document Required: Y
Document Contad:
ConqctPhone:
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Assign I 1 CStYAttornev ' DeparbmentDirector i
Number Z j�ouncil I CSts Council ;
For
Routing 3 ILSN Clerk I C5ri Clerk
Order 4
� 5 + i
Totai # af Signature Pages _(Clip AII Lowtions for Signature)
Memorializing City Council acrion taken July 5, 2007 denying the application af Teresa Deming W rezone property at 1539-1541
Lincoln Avenue, between Sazatoga Sfreet and Snelling Avenue, from R4 (one family residential) to RT2 (townhouse residenrial).
iaauons: Hpprove (n) or tte�ect (K): Personal servlce contrects Must Answer the Following Questions:
Planning Commission 1. Has this personlfirtn ever worked under a contract for this department?
CIB Committee Yes No
CivA Service Commission 2. Has this personlflrm ever been a ciry employee?
Yes No
3. Does this personlfirm possess a skiil not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
DisadvanWges If Approved:
Disadvantages If Not Approved:
� Transaction:
Funding Source:
Financial Information:
(F�cplain)
CosURevenue Butlgeted:
Activity Number:
July 12, 2007 10:24 AM Page 1
07-620
Interdepartmental Memorandum
CITY OF SAINT PAUL
DATE: July 11, 2007
TO: Council member Pat Harris
FROM: Peter W. Warner, CAO
RE: Teresa Deming Application to Rezone Property at 1539-1541 Lincoln Ave.
Council Action Date: July 5, 2007
Council member Harris:
Attached please find an original resolution, approved as to form, which memorializes the Council's
decision last week to deny the rezoning application noted above.
Because this is a denial of a planning commission recommendation to approve a rezoning matter,
I urge you to introduce this resolution under suspension today in order to memorialize the Council's
determination to deny this application.
As you may recall, under Minn. Stat. § 15.99, when a governmental body denies a zoning
application that had been recommended for approval by staff, the law states that the reasons for
denying the zoning application must be stated and adopted in written form either at the meeting
where the denial was made or at the next meeting of the governmental body.
This matter is somewhat unusual in that last weeks denial by the Council was on a recommendation
by the planning commission to approve the rezoning. Since only the Council can approve or deny
a legislative act, it is my advice that the "safesY' thing to do is to move the adoption of the attached
resolution memorializing the Council's decision to deny the rezoning application.
Please contact me if you have any questions. PW W
cc: Jerry Hendrickson, CAO
AA-ADA-EEO Empioyer
� - 1 ' �l'� °-�
DEPARTMENT OF PLANN[NG &
ECONOMIC DEVELOPMENT
Cec:le Setlor, Dvee7or
CITY OF SAII�IT PAUL
Christapher B. Colem¢n, .Nayor
June 5, 2007
Ms. Mary Erickson
City Council Research Office
Room 31� City Hall
Saint Paui, Minnesota 55102
Dear Ms. Erickson:
'�
Telephone 6�1-266b700
Facsrmile_ 651-228-322D
��,. r_ ° F � ^�';^�,;
L� �� aa � � 2�4�
i wouid like to confirm that a public hearing before the City Councii is scheduled for Wednesday,
July 5, 2007, for the following zoning case.
Zoning File Number:
File Name:
Applicant:
Address:
�7-074-940
Teresa Deming
Teresa Deming
1539-1541 Lincoln Ave, between Saratoga & Snelling
Purpose: Rezoning from R4 One Family Residential to RT2 Townhouse
Residential
Previous Action:
Zoning Committee Recommendation: approval, 6— 0, May 24, 2007
Planning Commission Recommendation: approval, 11-4 (Bellus, Nelson, Spaulding, Rosemark),
June 1, 2007
I have confirmed this day with Councilmember Harris's office. My understanding is that this
public hearing request wili appear on the Councii agenda on or before the June 28, 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.
Sin rely, C <�
Patricia James
City Planner
cc:
File #: 07-074-940
Applicant: Teresa Deming
Paul Dubruiel
Wendy Lane
Carol Martineau
Allan Torstenson
2� W¢st Fourth Street
Smnt Paul. M.N 5�102
NOTICE OF PUBIdC HEARING
'SI�e �Saint Paui -City Coundl will con-
duct a pubSic heartn�s on Jtily
5, 2007 at 5:30 p.m. in khe City Coundt
Chambers. Third Floor, Citp Hall/Court�
house, 15 West Aellogg Boulevazd, St.
Paul, MN, to consider the appl3cation of
Teresa Deming to-'rezone properry at
1539-1541 Iancoln Avenne, between Sara-
toga Street and Sn llinn Avenue) fi R4
(one-faniily residential) to.RT2 (townhouse
residential). (ZF 07-074940) - „
Dated: June 7, ?A07
�MARY ERICKSON, �
Assistant City Council Secretary �
(June il)
___' _= 31: PAUL LEGAL LEDGEA s=�===
22140211
AA-ADA-EEO EMPLQYER
DEPARTMEN'POFPLANNING& � !�
ECONOMIC DEVF.LOPMENT . � � — �
CetiZe Bedor, Dfrector °�"�
CTTY OF SAIN'f PAUL
Christapher B. Coleman, Mayor
June 25, 2007
` Ms. Mary Erickson
Ciry Council Research Office
Room 310 City Hall
Saint Pau1, Minnesota 55102
Re: Zoning File #:
File Name:
Applicant:
Address:
Purpose:
ZS Wert Forvfh Sheet Telephone: 657-366-6700
SaintPuul,MN55702 F¢crimite;651-228-3220
07-074-940
Teresa Deming
Teresa Deming
1539-1541 Lincoln Ave, between Saratoga & Snelling
Rezoninq from R4 One Family Residential to RT2 Townhouse
Residential
Ciy Council Hearina: Julv 5 2007 5•30 o m Ciiv Councii Chambers
• Staff Recommendation:
District Council:
Zoning Committee Recommendation:
Supporf:
Opposition:
Planning Commission Recommendation:
Deadline for Action
Staff Assigned:
Deniai
District 14 recommended recommended denial
Approval, vote: 6 - 0
No persons spoke in support arad 1 letter was received.
1 person spoke in opposition and 6 letters were received.
Approval, vote: 11-4 (Bellus, Nelson, Spaulding,
Rasemark)
July 1, 2007, extended to August 30, 2007
Patricia James, 651-2fi6-6639
Attachments: Pianning Commissiori resolution: 07-39
Pianning Commission minutes, Jun 1, 2007
Zoning Committee minutes, May 24, 2007
Dead4ine for Action Extension Letter
Correspondence received
Staff Report packet
cc: Zoning File 07-074-940
Applicant: Teresa Deming
City Council Members
• District Council: 14
Wendy Lane
Larry Soderholm
Allan Torstenson
Peter Warner
e p_ene_cFn c.:...�....s
o�-� �
city of saint pau!
�planning commission resolution
file number o7-s9
date �Une � 200�
WHEREAS, Teresa Deming, File # 07-074-940, has applied fQra rezoning from R4 One Family
Residential to RT2 Townhouse Residential under the provisions of § 6'(.801(b) of the Saint Paul.
Legislative Code, on property located af 1539 Lincoln Ave, Parcei Idenfification Num6er (PIN)
032823320104, legally described as SUMMIT VIEW LOT 19 BLK 3; and
WHEREAS, the Zoning Committee of the Planning Commission, on May 24, 2007, held a public
hearing at which afl persons present were given an opporfunity to be heard pursuant to said
appfication in accordance with the requirements of §64.300 of the Sai�t �aul Legis�ative Code; and
WHEREAS, the Saint Paul Pianning 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:
2.
i
3
�
5.
The applicants purchased the property in 2006 as a tripfex. Based on a complaint inspection, city
inspectors found that the buiiding was iilegaliy converted to a triplex in 2004. Trip�exes are first
allowed in the RT2 district. l'he applicant is proposing to rezone fo RT2 in order to retain the iliegal
triplex and bring it into conformance with the zoning code.
The area surrounding fhe building is a mix of uses, inciuding commercial zoning at the end of the
biock at Snelling. The duplex borders RMZ Multiple-Family dwe{ting units on the south side of
Grand Avenue.
The proposed zoning is consistent with the Housing Chapter of fhe Comprehensive Plan. Policy
5.2 states: "Promote goad design solutions for housing that meets newer ma�ket needs and
compiements existing Saint Paul neighborhoods, desiqns that use the smal/e� deve%pment sifes
c�eative/y and that provide fo�housing in mixed-use neighbarhood centers."Rezoning this one
parcel to RT2 is not inconsistent with the District 14 Plan Summary, one of who.se Housing
objectives is to "maintain the single-family characterof the district°
The proposed rezoning is compafible with uses to the north, and i� ts not incompatible with the low
density residential character of the uses atong this portion, ofi Linc«atn.
Court rulings have determined that "spot zoning" is illegai in Minnesota. Minnesota courts have
stated that this term "app/ies to zoning changes, fypica//y limited ta sma/( p/ots of /and, which
esfablish a use classifrcation inconsistent with the su�rounding uses and creates an island of
nonconforming use within a largerzoned district, and which dramatically reduce the value for uses
specified in the zoning ordiRance of either the rezonedplot or abu�f(ng p�operty.° This proposed
rezoning would create a single lot of muiti-family zoning in an immediate area that is single family.
However, given the mix of zoning on the entire block and the improvements to the property made
by the applicant, the rezoning would not dramaticafly reduce the vatue of either the rezoned piot or
the abutting property, so the rezoning does not constitute spot zeutirtg.
m�Ved by MORTON
seconded by
,in favor „
aga11�$t 4(Bellus. Nelson. Spauldina and Rosemark)
Z.F. 07-074-940
Planning Commission Resolution
Page 2 of 2
•
6. The Planning Commission has established guidelines for applications_ to rezone singie parcels for
triplex conversions. While not themselves requirerrments, these guidelines lay out additionai more
objective factors the Plartning Commission wishes to consider in determining whether to approve
these rezoning appiications. The Ptanning Commission's Triplex Conversion Guidelines state that
staff wilf recommend denia( un(ess ft�e foflowing guide(ines are mef:
A. Lot size of at /east 10, 000 square feef. This guideline is not met. This criterion is based on
an eariier version of the zoning code fhat required a minimum lot area of � 0,000 sq. ft. for
muftiple family uses. The current zoning code req�irement is 9,OQ0 sq. ft. However, even
after including Yh the afiey width, the lot area of this parcei is 8,000 sq, ft.
B. In the case- of exisfing houses, a gross living area aRer completion of the conversion of at
least 2,700 square feet fDr the three units._ This guideline is met. According to figures
provided by fhe appiicant, the gross living area for all three units is 3,962 sq. ft.
C. !n tl�e case of exisfing houses, four off-street parking spaces (non-sfacked) are preferred,
three spaces are a minimum requirement. New triplexes are required fo provfde four off-
street parking spaces. A site plan showing improved (durable, permanent dustless surface)
parking spaces mosf be provided. This guideline appears to be met. The appiicant did not
submit a site plan, but the site investigation shows a 2-car garage and a parking pad next to
it that couid accommodate 2 or 3 additional cars. �
D. The properfy is located within a mixed densify ormixed use neighborhood, not in a
homogeneous single-family area or in an area where duplexes and triplexes are atready
concentrated ta the point of congesting neighborhood streets. This finding is met. There is a
mix of uses in Yhe general area (to the north along Grand Avenue and to the west at Snelling. •
E. The units must be inspected by the Fire Marsha!'s Office as part of the Certificate of
Occupancy program required for all residenfial sfrucfures wifh three or more units: This
guideline can be met. The Fire Marshal's office has inspected the building and has found a
serie§ of deficiencies. When tfiese deficiencies are coirected, and if the City Council
approves the. rezoning to RT2, a Certificate of Occupancy can be approved.
F. An economic feasibility analysis has been conducted for those cases where economic
hardship is claimed as one reason for the variance reguest. Applicant shou(d suppfy city sfaff
with the necessary irrformation. This guidsGne is met. The-applicant has submiited an "
analysis showing a negative cash flow if the third unit is not allowed. ."- _
NOW, TNEREFORE, BE IT RESOl.VED, fhat the Saint Pau! Planning Commission, recommends to
City Council, that the applicatiort of Teresa Demirtg for a rezoning from R4 One Family ResidenYiaf to
RT2 Townhouse Residentiai for property at 1539 Lincoln Ave be approved.
�
/ � / ,
� �
Saiat Paul Planning Commission
City Hall Conference Cenfer
15 Kellogg Boulevard West
Minutes June 1, 2007
A meeting of the Planning Commission of the City of Saint Paul was held
at 8:30 am. in the Conference Center of City Hall. ,�
Commissioners Mmes. Donnelly-Cohen, Faricy, Lu,
Present: and; Messrs. Bellus, Commers, Gar�
and Spaulding. �
Commissioners Ms. *Porter, and IvSessrs. *
Absent:
*Excused
�
.
Also Present: Larry Soderholzn,
Pahicia James, Sh�
Butler, Depu•tment o
I. Approval of minutes May 1&, 2007.
MO'TION Ca
Commissioner
�
II. Chair's Anno�
Co
ad no
III. inP Adm
IV
Andrew
1, 2007,
Wencl
�on, Rosemark,
Thompson, Donna Driunznond,
son, Jacob Rife, and Sonja
t�'iment staff.
s moved a oval of th inutes of tYlay 18, 2009.
the mation. he motion carried uxanirnously an a voice.vote.
first vice chair, chaired the meeting.
Larry holm repo planning-related business at the City Council for last week and their
agenda t week. . Soderholm passed out the Hst af current committee assi�ments and
asked mem ge touch with him or Chair Alton if they have any question`s or would like
any changes. passed out updated Commission membership lists.
Zoning
NEW BUSIl�IESS
#07-074-844 SprinUNe�el — Conditional use pemut for cellulaz telephone antenna on a
monopole. 615 Drake Street, between Shepazd and Tuscarora, (Sarah Zorn, 6SI/2666570)
1
Cammissioner Nlortan reparted that the app[icant has requested this be Idid over to the Tune
2I, 2007Zoning Committee meeting.
#07-075-223 Citv Aouse Intemretive Center — Re-establishment of nonconforming use as a
resta�ant and interpretive center, and variance to permit cost of alterafiotts to exceed 50% of
market value. 258 Mill Stzeet, between Chesmut and Walnut. (PatriciaJames, 6S1l266-6639)
MOTION: Commissioner Morton moved the Zoning Commitfee's recommendation to approve
the re-establishment of nonconforming use petmit and variancz otian carried
unanimously on a voice votz
#07-074-940 Teresa Demine — Rezoning from R4 One
Residenrial. 1539-1541 Lincoln Avenue, between Sars
(Patricia.Tames, 651/266-6639) �
MOTION Commissioner Mortax moved the
the rezoning. �
Commissioner Bellus questioned the committee deci
Commissioaer Gordon said the rt stated that it
the Zoning Committee concIuded tha 't. ' A spof
value of the stuzounding properties; th o �t
have that affect. In fact it probably im ed
Commissioner
which includec
situation. ,
Commissioner
i'i'��-=
..�
that
to RT2 Townhouse
approve
a spot
spot zoning, ttot that it was, and
to rically reduce the
on was that this did not
looked a e eicisting make-up of the block,
ed prop . This is not a pure spot zoning
�IZ and OS wning fronted Grand Avenue,
block this property is on is resi@ential.
use is nonconforming and it is a Iegal duplex.
� sioner Nels ed his�ncems about the rezonsng aud the variance request. $e didn't
beh e pazking spa were adequate. There is a fwo eaz garage and about 27 feet from the
garage o the next eriy. In order to have maneuvering space to get into tha gazage, there
is not eno ace fo en a compact car. He also cjuestioned the set backs for the building,
and stated th w gainst both of the requests. -.
Commissioner �aulding stated that he had to question the Zoniag Committee's treatment of the .
second condition. One of tlte isstees that the neighborhood has dealt with is the presence of
colleges and conversion of homes to rentat properties. .
Commissioner Kramer said that the Zaning Committee did spend some time on tlaat issue. .What
compelled him to support the applicant was that not only does the daughter af the applicant live
in the basement apartment, but the owners of the propetty are infending to move into the upper
unit of tlie property. They have agreed to the condition that one of the un%ts be owner occupied.
�
•
�
2
D"l � L� 2�D
. { Cominissioner Bellus statedtt�at he agrees with the staff's position that this is purely for
economic reasons and therefore should not be approved.
ROLL CALL VOTE: The motinn to recommend approval nf the rezoning passed nn a vote of
II-4 (Bellus, NeZsnn, Spauldiag, Rosemark)
#07-075-Q36 Teresa Demin� – Variance of lot azea for triplex. I539-1541 Lincoln Avenue,
between Saratoga and Snelling. (Patricia .Tames, 651/266-6639)
MOTTON: Commissioner Morton moved the Zoning
the variance.
•
Commissioner Nelson wondered whether additional
lot area. He felt the properiy as a three-plex would t
at least tcvo other standazds—side yazds and pazldn�
Patricia James, PED staff, responded that retr variar
not been required for already constructed bui din e p1
guidelines for these types of cases, which staff foI10
use on the properry and, for rezonin , the guidelmes loo
Cominissioner Nelson said he is also d with the in
ailey from every mixed use commerci � the city
After more discussion, Commissioner
(Nelson).
to approve
required in addition to
� the zoning code on
the new
have
commission h stablished
ui lines look at e impact of the
area but not at setbacks.
this occurring across the
carried on a ro11 call vote of 14-1
�it of legat nonconforming use status as a triplex.
Winona. (PatriciaTames, 651/266-6639)
the Zonixg Commi#ee's recommendation to approve
usz The motion carried unanimously on a voice
432
to annro� the
;ard – Fstablishment of legal nonconforming use status as a tdplex.
between Palace and James. (Sarah Zorn, 6S1{266-6570j ,
MOTION: Co�iissioner Morton moved the Zoning Committee's recommendation to_approve
the establishment oflegal aonconformir�g use. The rnotion carried unanimously on a vnice
vote.
#07-022-733 Home Denot – Site plan review fot a necv Home Degot store and pazldng. 395
Pascal StreetNorth. (Tom Beach, 651%266-9086)
. CnmmissionerMorton repnrted that the appZicant has requested this be Zazd over to the Tune
21, 2007Zoning Committee meetirig.
today by 4:00 p.m -
Gommissioner Kramer reported tbat ttze Land Use Task Fotrz met on Wedaesday, May 30 and
discussed livability issues, inctuding sustaivabitity, par2dng, a�ad design gaidelines.
Commissioner Commers announced that the Tramsportation Comprehensive Plan Task Force will
meet on Tuesday, June 12, 2007. They will heaz from Russ �tark about the Bicycle Advisory
Boazd, and how bi�ycling fits into the update of the chapter.
OId Bnsiness
None
New Bnsiness
None
Adjonrnment
Meeting adjourned at 10;03 a.m. _
�
•
Recorded and prepare
Sonja Butler, PI (
Planning and Economic
City of Saint P
Larry Soderholm,
Plaunnig Admini:
PED\buflaVune 1, 2007
Marilyn Por�a
Secretary af Sie Plauuing Commission
•
5
a
a�-� a�a
• MINUTES OF THE ZONING COMMiTTEE
Thursday, May 24, 2007 - 3:SQ p.cn.
City Councii Chambers, 3rd Fioor
City Nati and Conrt House
15 West Ke!{ogg Soulevard
PRESENT:
�
C�
EXCUSED
STAFF:
Aiton, Donneily-Cohen, Faricy, Gordon, Kramer, and Morton
Johnson
Patricia James, Carol Martineau, and Peter Wamer
The meeting was chaired by Commissioner Morton.
Teresa Deming - 07-074-940 - Rezoning from R4 One Family Iies9dential fo RT2
Townhouse Residentiai, 1539 Lincofn Ave, between Sarefoga & Sneliing
Patricia James presented the staff report with a recommendafion af denial for the rezoning. She
also stated District 14 recommended denial; there was one lefter in support, and six tetters in
opposition.
At fhe question of Commissioner Faricy, Ms. James sfated fhere was no consent form required.
Kevin & Teresa Deming, the applicants, stated the building was a tripfex when they purchased
the property in 2006. They went on fo say the previous owner had converted the buiiding and
rented the apartments to college studenfs. They were unaware it was illegal when they
purchased the property. As the leases expire, they are renting to young professiona{s. They
stated they would be moving into the upper unit when that lease expires. They stated their use
of the property would be a reduction in density artd tra�c. They atso went on to explain they
were working with the fire marshaf to get the buifding up to code.
No one spoke in support or opposition.
The public hearing was closed.
After some discussion pertaining to spot zoning, and who would occupy the buildi�g
Commissioner Brian Alton moved approvai af fhe rezoning. Commissioner Stephen Gordon
seconded the mofion.
The motion passed by a vote of 6-0-0.
Adopted Yeas - 6 Nays - 0(}
Drafted by:
��E�-� �'tn_ .(,{.�
Caroi Martineau
Recording Secretary
by:
Patricia James
Zoning Section
Abstained - 6 (}
Approved
DEPARTMENT OF PLANNING &
ECONOMIC DEVSIAPMENT
CeaTeBedor D'uednr
'Q
0 ����L �
C;ITY OF SAINT PAUL
Chris[opherB. Coleman, Mayor
June 5, 2007
Teresa A DeminglKevin P Deming
8510 W 29th St
Minneapolis MN 55426-2948.
RE: Zoning File # 07-074-940, Teresa Deming
Attn: Teresa A Deming/Kevin P Deming:
25WutForathSneet Telephone:651-266-6700
SamtPau{MN35102 Facsimile:651-228-3220
On May 2, 2007, you applied to rezone property at 1539-'! 541 Lincoln Ave. After a public
hearing by the Sainf Paul Pianning Commission's Zoning Committee on May 24, 2007, the
Commission voted to recommend approvai of your request on June 1, 2007.
The Planning Commission's recommendation is being forwarded to the City Council for their
• action. Minnesota Statutes 15.99 requires that all city action on zoning applications be
completed within 60 days of the date the application is made, but aHows the City to extend this
period for an additionai 60 days (total of 120 days). In order to accommodate the City Co�ncil
public hearing on your rezoning, which is afso required by state 4aw, the Cify of Saint Paul is
hereby e�ending the deadline for action from July 1, 2007, to AugusY 30, 2007. The City
Council public hearing on this rezoning has been scheduled for July 5, 2007, so it is likely the
� decision will be made well before the extended deadline far action.
Please contacf ine at 651-266-6639 or patricia.james@ci.stpaul.mn.us if you have questions.
Sincerely,
y ` Y�
Patricia James
City Planner
cc: File # 07-074-940
Zoning Administrator
License inspeCtor
District 14 Community Council
i
AA-ADA-EFA EMPLOYER
�
NfacalesterGroveland
May 24, 2.007
Zoning Committee
Attn: Patricia James
Department of Planning & Economic Development
1400 City Hal! Anncac
25 West Fourth Street
St. Paul, MN 55102
Re: 1534-1541 Lincotn Avenue
Dear Patricia:
��� 07- o ��494fj
a
320 South Griggs Streek Phone; 651-695-4D00
St. Raul, MN 5510.5 Fax: 652-695-4004
www.macgrove.org E-mail: mgcc@macgrove.org
The Maca(ester-Groveland Community CounciPs Housing & Land Use Committee met
on Wednesday, May 23rd and passed the foliowing resolutions;
The Housrng & Land Use Committee af the Macalester-Groveland Community
Council recommends denia! of the request to rezone the prroperty at 1539-
1541 lincoln Avenue from R4 to R72.
The Hausing & Land Use Committee of the Macalester-Groveland Community
Councit recommends denial of the request for a variance in !ot area to allow a
tripler conversion.
Thank you for your consideration of ffiis recommendation. Should you have any
questions, p�ease feel free to contact me at 651-695-4000.
Sincerely,
��
Metissa Martinez-Sones
Executive Director/Community Organizer
cc: Teresa Deming
�
•
�
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2 2 0 Patriaa ames - -0 S4 9 0 an 0-0 5-036 age
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•
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6 7 - 6? �--� -�
From: "Ph8 Bep" <Phil.Bell@metrostate.edu>
To: <paEharris@ci.stpaul.mn.us>, <pafriaa.james@ci.stpaul.mn.us>, <melissa...
Date: 5(22l2007 6:31 PM
Subject: file#07-074-940940 and 07-075-036
CC: <aco0253@umn.edu>
*' High Priority *'
re above file # Address 1539 Lincoln Ave., proposed rezone from one
family residential to RT2 Townhouse,
We have Iived almost aaoss the street from where Pat Harris grew up
with his family on Goodrich Ave. We have lived on Goodrich Ave. for 24
years fhis June, only a biock from the proposed rezone. We have seen
many changes to the neighborhood throughout the years. Several houses
have changed owners several times. PaYs old home was acquired just
last monih by a new third owner since PaYs parents moved away.
In spite of the frequent changes of ownership, we have had ane factor
we could count on to maintain a sense of integrity to our
neighborhood--the fact ihat most of tfie homes in the immediate area that
were designed as residential, singie family, have remained such. Our
immediate neighborhood has enough problems to contend with over the
years such as high traffic on Sne(ling, constant infringemen£ of
neighborhood parking by people attending Macalester eveRts and increased
traffic cau�ed by increase in SnellinglGrand businesses.
Please, do not contribute to the deterioration of our neigh6Qfiood by
a0owing the variance to be changed from the current status of single
family residential at the 1539 Lincoin Ave. address.
Sincerely,
Phillip and Marsha Beli
1548 Goodrich Ave. St. Pauf, MN 55105
651-690-1629
Phil Bell, Academic Advisa
College of Management
Metropolitan State Universify
p h il. bel i@m etrostate. edu
ph.612-659-7278
locatian:
Management Education Center
1300 Harmon Pl., Mpis.
adjacent to Mpis. Comm. Tech. Coli.
mail: 1501 Hennepin Ave.
Minneapolis, MN 55403-'5697
•
Page 1 of 1
Patricia James - F"i[e #07-074-940 & 07-07 5-036
From: "Connie Hall Bnzun"
To: ,
Date: 5/23/07 6:50 PM
Subject: File #07-074-940940 & 07-075-036
Dear Patricia and Pat:
We are new to this neighborhood as of January of this year. Our main reason for moving to the c(fy was fo
establish relationships with neighbors and community. We owned a town home in Eagan; and it served its
purpose we(I, as we are both working professionais and there wasn't much time, from both our work schedu)es
and the constant tumover of neighbors, to establish connections with those living around us. There was no sense
of permanence or tradition, which are additionaf traits that brought us to St. Paul. Our atfracfion to tfiis
ne+ghborhood was seeing the cared for family homes, pride of ownership, diversity and receiving emails from
`potentiai" neighbors, even before we purchased the house. Since we have been here, it has been nothing short
of perfect — everything we were hoping for in our family home. We are abte to walk to most everyttiing we need
and feel very safe within the city environment. Additionaily, we are bofh CPAs at our pracfice in Highland Park
and we fee! that it is important to be part of the community that supports our livelihood.
It aiso was a s[retch to purcfiase ffiis home at current market prices, but we felt that it would be a good
investment, due to our immediate surroundings and from what we had heard from various individuals and
watching the trends through out the past years. We plan to both make a positive impact to our neighborhood and
to be here for our tife times, We feel that iY is important to be part of a city and get away from the "Flight" to the
suburbs.
•
Upon hearing of the potential re-zoning of the above-referenced property, we were concemed as we have had •
experiences with multi-famiiy living and do not want fo repeaf that. We moved to get away from that. I agree,
from personai experience, that multi-famiiy living has it place, but ! also believe that this is noY the place for it.
Please heip to encourage others to reestablish themseNes in the city by being true to the neighborhoods. Please
do not contribute to the deterioration of our wonderful neighborhood by allowing the zoning variance at 1539
Lincoln Avenue.
Sincerely,
Matthew Sruun and Connie Nail Sruun
1540 Goodrich Avenue
St. Paul, MN 55105
651-905-2009
mbruunCa�sbqb.com
chall@sbgb.com
�
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5�2 20 7 atricia amPS - Ad i onal Comments - Zomc7 Change equest i e 07-074-94�9 � 07-0 5-036 Page 1�
� �� _
• From:
To:
Date:
Subject:
•
phifip Jacobs <jaco0253@umn.edu>
<patricia.jam es@ci.stpaui.mn.us>
5/23/2007 9:31 PM
Addifio�ai Comments - Zoing Charrge Request Fife 07-074-940940 & 07-075-036
CC: <pat.harris@cistpauLmn.us>
Ms. James,
It has come to our attention fhat there is a significant misstatement
contained in the petifion fo amend the zoning code, referenced below.
The petition states that the proposed third unit wouid be used for the
owners' daughter, who wouid aiso serve as the properiy manager. At a
meeting of the Macalester Groveland Community Councii tonight, the
applicants clearly indicated an intent to rent the third unit for income
purposes.
Further, regardless of the petitioners' immediate intent, if this change
was approved, each unit eould in the future be rented up to the maximum
legal occupancy, which we opposed for reasons stated in our earlier
comments.
Philip and Barbara Jaco6s
1557 Goodrich Avenue
Saint Paul, MN 55105
(651) 699-5464
File#: 07-074-940940 & 0�-075-036
Address: 7 539 l incoln Avenue
Hearing: Thursday, Mey24 3:30 PM
Location: City Council Chambers, 15 West Kellogg
Purpose: Rezone from R4 - One �amily Residentiai to RT2 Townhouse
Residential and variance af lot area for a triplex.
•
Yage 1 oi 1
Patricia James - File # 07-074-940940 & 07-075-036
�Y-om:
To:
Date:
Subject:
"Jim Sheehan : PowerObjects"
5/16/07 1;02 PM
File # 07-074-940940 & 07-�075-03b
r�
LJ
Patricia
We got a notice in the mail regarding the rezoning request for the [ot next to us. Truthfully I am very
opposed hut not sure if we voice our concems if this will lead to ifF wi!! with our neighbors. Having the
only duplex on the block was bad enough, but when ffiey made if into a tri-ptex leasf year it real{y ticked
me off. Now there are always cars parked on the street, more baftic, and I'm not always thrilled with
the students they get as renters. They don't fake care of the property....garage is falling down..:.lawn
is fult of weeds and not mowed...fisf goes on.
The hearing is scheduled on a date when ! �vitl be out of town,...sa i'm not sure what I cart do.
Please advise
Thanks
Jim Sheehan
PowerObjects
612.339.3355
"Leverage technology
to solve business probiems"
•
�
file://C:1Documents and SettingsUames.STPAUL�Loca1 Settings\7'emp�HI'grpwise\464B0... 5/17/2007
6 200 atncia James - omg C ange Re uest i e 07-0 4- 40940 07-075-036 Page 1
D�? �Cl' �C/
• From:
To:
Date:
Su6ject:
Phiiip Jacobs <aco0253@umn.edu>
<patricia.james@ci.stpaul.mn.us>, <pat.harris a ci.stpaui.mn.us>
5/15/2007 8:47 PM
Zoing Change Reque t File 07-074940940 & 07-075-036
We will not be able to attend this meeting due to a schedule conflict, but .
would like to make the following comments.
We are opposed to zoning changes which increase the density of housing
units in this neighborhood. .
Grand Avenue, Snelling Avenue, and other area streets have existing
multi-fami{y and apartment buildings which accommodate this need. The
proximity to a coffege requires vigifance to protect a cohesive
neighborhood from encroaching student rentais, and the loss of
owner-occupied housing.
Please note the problems experienced by neighborhoods sorrounding the
University of Saint 7homas and the University of Minnesota in terms of
noise, parking, code enforcement and upkeep in areas dominated by
multi-unit rentals.
Please also note the significant increase in reported burglaries and
assaults on Grand Avenue compared to Lincoln and Goodrich Avenues in this
area.
• Houses in this neighborhood maintain a strong market value, despite a real
estate slump, +ndicating a strong demand for the cusrent housing in this
area, Changes in the occupancy would have a detrimentaf effect in the
cohesiveness, desirability, and vaiue of this neighborhood.
W e are therefore opposed to this zoning change and variance.
Philip and Barbara Jacobs
1557 Goodrich Avenue
Saini Paul, MN 551D5
(651)699-5460.
File#: 07-074-94094Q & 07-075-036
Address: 1539 Lincoln Avenue
Hearing: Thursday, May 24 330 PM
Location: City Council Chambers, 15 West KeAogg
Purpose: Rezone from R4 - One Family Residential to RT2 Townhouse
Residential and variance of lot area for a triplex.
•
5 6 20 atncia ames - omng han e at 153 Lmco n ve a e 1
,� �E •s a'� . 07 s�- 9 ��
v 7 ' ° 75 .. ct3-6
From: Raymond Berg <�ymond@visi.com>
To: <patricia.james@ci.stpaul.mn.us>
Date: 5/46/2007 4:32 PM .
Subject: Zoning Change at 1539 Lincoln Ave
Ms. James,
it has come to my attention that there has been a recent requesf £oe
zoning change at 1539 Lincotn Avenue. As a resident of St. Paut t Erave
become more and more disconcerted with ihe growing level of re�s in
my neighborhood. I oppose the re-zoning of this property for a num6er
of reasons.
The profiie of St. Paul is largely residentiai. One of the major
forces of economy of the city are iPs many colteges. These rivo
elements must be closely watched to be in concert with one anoUier or
they may end up jeopardizir�g the health and well-being of the otlier..
This is an on-going theme that groups tike W SNAC seek to addr� � a
very harrds on manner. They undersfand the complexifies and dangers
surrounding these types of zonirig issues. 7he bufk of the taxes fa
the city are paid by the permanent residents who are the backbaae �
the city services that these colleges and their students enjoy. liie
level of fatigue that the greater quantities of people iiving in these
areas create on these city services are unfairly carried by f6ose
permanent residents who pay those taxes.
W e are trying to raise our famiiies in a core city for whicf� we must
pay a significant ta� on our single residential homes. What mustwe
do to be heard? Perhaps we shoutd puil out and move to the sube�bs as
fhe many residents wfio occupied New tiaven did. These are the �ions
they resorted to as their city became more and more compromised by
student rentals and the ever shifting population that rental properiy
brings. We wish to avoid anything that drastic, but the reality of the
situation is that those monitoring these circumstances would be wse to
watch with care the kind of precedents ffiat are set regarding jusf such
acts of re-mning. tt is truly a"sandpaper on wood".effect that
erodes the good will of those who wish to raise their families here �e
the city. W heR tax paying permanent residents are gone, the city i�
even.more services it has to employ to meef the needs of iYs grow�g
numbers of renters, with fewer people willing or able to support iYs
growing tau base. The city thert cuts 6ack on the services of rtecessily
due to iYS shrinking budget. Things starY to look shabhy and fhe
colleges have a greater and greate� challenge convincing parents h�
spend signficant amounts of money to send their children to a codege
in an area that is looks fatigued and is largely transient in nature.
Just ask.the recruiters at Yale.
if this sounds extreme to you, I apologize. 1 grew up in St. Paul �
the early seventies after a great number of people fled the core ciEy
due to the growing pains surrounding racial challenges that resuited in
tfie buming of Setby Avenue and so on. The city tooked very differertt
then. ! love this ciiy and am wiiling to fight on behaif »f iYs lwig
term well being. How about you?
Thank you for your time and consideration,
�
•
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L_J
5 16 20 atricia James - onm C an e a 153 Lincoln Ave Page 2
V� '�(' �
• Micheile Berg
1528 Goodrich Avenue
St. Pau1, MN 55105
•
•
67�� 2�
ZONING COMMIITEE STAFF REPORT
i
1. F(LE NAME: Teresa Deming
2. APPLICANT: Teresa & Kevin Deming
3. TYPE OF APPUGATION: Rezoning-Council
F4LE #: 07-074940
•
•
HEARING DATE: May 24, 2007
4. LOCATION: 1539 -1541 Lincoln Ave, between Saratoga & Snelling
5. PIN 8� LEGAt DESCR{PTION: 032823320104; SUMMIT V1EW LdT 18 BLK 3
6. PLANNING DISTRICT: 14 EXISTING ZONING: R4
7. ZONfNG CODE REFERENCE: §61.801(b); §66.214; §66,221
8. STAFF REPORT DATE: May 10, 2007
9. DATE RECEIVED: May 2, 2007
BY: Patricia James
60-DAY DEADLINE FOR ACTION: July 1, 2007
A. PURPOSE: Rezoning firom R4 One Family Residential to RT2 Townhouse Residential.
B. PARCEL SIZE: 50' (L[ncaln) x 150' = 7,500 sc{. ft. tnctuding %2 the 20 ft. alley increases the
Vot area to 8,000 sq, ft.
C. EXISTING LAND USE: Duplex
D. SURROUNDfNG LAND USE:
North: Multiple-family residential, Office (RM2 and OS)
East: Singie-family residential (R4)
South: Single-famify resicfenfiai (R4)
West: Single-famiiy residential, Commerciai, Institutional (R4, 62, R3)
E. ZONING CODE CITATION: §61.801(b) provides for changes to the zoning of property
initiated by the property owner; §66.214 states the intent of the RT2 Townhouse Residential
District; §66.221 lists uses permitted within the RT2 zoning district.
F. HISTORY/DISCUSSION: The duplex was bui4t i� 1917 and made legally non-conforming
by the 1975 Zoning Code. There is no zoning history for fhis property. In 2004 and again in
2007, there were cifizen compiaints that the duplex was being used as an illegal triplex, with
the third unit in the basement. There were also complaints in March 2007 that the owner
was doing constructiori work to the basement unit without permits. The applicant is
concurrentiy requesting a lot size variance for this project {Z.F. # 07-075-036).
G. DISTRICT COUNCIL RECOMMENDATION: District 14 had not commented on fhis
application at the time this sfaff report was prepared.
H. FiNDINGS:
1. Based on a compiaint inspection, city inspectors found tfiat the building was illegally
converfed to a tripiex in 2004. "Triplexes are first allowed in the RT2 district. The
appiicant is proposing to rezone to RT2 in order to setain the il{egal triplex and bring it
into conformance with the zoning code.
2. The area surrounding the buiiding is a mix of uses, inciuding commerciai zoning at the
end of the block af Sneliing. Although the duptex borders RM2 Multiple-Family
dwelling units on fhe south side of Grand Avenue, the proposed zoning is not
consistent with the R4 One-Famiiy Residentiat zoning on either side of the building and
to the south. This singie parcel would not meet the intent of RT2 zoning as stated in
§66.214, "to serve as a zone of transition betweer� one- and iwo- family residentral
drstricfs and mulfiple multiple=family residenSa! dfstricts."
3. The proposed zoning is consistent with the Housrc4g Chapter of the Comprehensive
Pian. Policy 5.2 states: "Promote good design solutions for housing that meets newer
Z. F. # 07-074-940
Zoning Committee Staff Report
Page 2 of 3
market needs and complements existing Sainf Pau! neighborhoods, designs fhat use •
the smaller development sftes creafively and that provide for housing in mixed-use
neighborhood centers. ° The propased rezoning is inconsistent with the District 14 Pian
Summary, one of whose Housing objectives is to "maintain the single-family character
of the districf.'
4. The proposed is compatible with uses to the nor#h, but it is incompatible with the low
density-residential character of the uses along this portion of Lincotn.
5. Court rul9ngs have determined that "spot zoning' is illegai in Minnesota. Minnesota
couRs have stated that this term applies to zoning changes, typically limifed fo small
plots ofland, which establish a use class�cation inconsistent with the surrounding
uses and creates an island of nonconforming use within a larger zoned disfnct, and
which dramatically reduce the value for uses speafied in the zoning ordinarice of eifher
the rezoned plot or abut#ing properiy." This proposed rezoning would create a single
lot of muHi-family zoning irs an immediafe area that is single family, which could be
consider�d a spot zoning.
6. The Planning Commission has established guidelines for appiications to rezone single
parcels for friplex conversions. While not themselves requirements, these guidelines
lay out additional rrmore objecY+ve factors the Planrting Commission wishes to consider
in determining whefher fo approve these rezoning appfications. The Pla�ning
Commission's Triplex Conversion Guidelinesstate that staff will recommend denial
unless the foliowing guidelines are met:
A. Lot size of at least 10,000 square feet 'fhis guideline is not met. This criterion is
based on an earlier version of the zoning code that required a minimum lot area �
of �0,000 sq. ft for multiple family uses. The current zoning code requirement is
9,OD0 sq.. ft. However, even after including %z #he alley width, the lot area of this
pamei is &,000 sq. ft
B, In !he case of existing houses, a gross living area after completion of the
conversion of atleast 2,700 square feet for the three units. This guideline is met.
Acoording to figures_provided by the appGcant, the gross living area for all three
un"rfsis 3,962 sq. ft.
C. !n ihe case of existing houses, four off-street parking spaces (non-stacked) are
preferred; three spaces are a minimum requirement. New friplexes a� �equir�d
fo provide four off-sfreet parking spaces. A srfe phan showing improved (durable,
pemianent, dustfess surface) parking spaces must be provided. This gliideline
appears to be met. The applicant did nof subrriit a site plan, liuY the site
investigation shows a 2-car garage and a parking pad next to it that could
aceommodate 2 or 3 additionat cars.
D. The property is located wifhin a mixed densify or mticed use neigh6orhood; not in
a homogeneous single-family area or in en area where duplexes and _ triplexes
are already concenfrated to the point of congesting neighborhood streets. "fhis
finding is met. There is a mix of uses in the general area (fo tf�e north along
Grand Avenue arid to the west at Snelling);however the immediate area to the
east, west, and south is singte family in nahire.
E. The unifs musf be inspecfed by fhe Fire Marshal's O�ce as parf of the Cert�cafe
of Occupancy program required for all residential strucfures with fhree or more
units. This guideline can be met The Fire Marshal's offce has inspected the •
building antJ has found a series of deficiencies. When these deficiencies are
correded, and iF the City Council approves the rezoning to RT2, a Certificate of
Ocwpancy can be approved.
•
•
Z. F. # 07-074-940
Zoning Committee Staff Report
Page 3 of 3
0�-1�2�
F. An economic feasibility analysis has been conducted for those cases where
economic hardship is c/aimed as one reason for the variance requesf. Applicant
should supply cify sfaff wifh fhe necessary informafion. This guideline is met.
The appticant has submitted an analysis showing a negative cash flow if the third
unif is not aflowed.
I. STAFF RECOMMENDATION: Based on the above findings, staff recommends deniai of the
rezoning from R4 One Family Residential to RT2 Townhouse Residential.
.
o���
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SAI➢T
eeee
PETITION TO AMEND THE ZOAltNG CODE
Ileparhnent of Planning and Eeonomie Devatopmenf
Zoning Section
I400.G�ty HatZAnnex
23 West Fourth Street
SaintPaul, �YINSSi02
TeZephone:65I-266-6589 Fax:65I-26b-9I24
APPLI�AI�T � Property
Address Q✓LO (,t1. 7c.1 � cS'�
c�cySf.Lnuis �!}2�St��Zip��Z�Day�imephone��
CJ
PRQPERTY
LOCATION
Legal description _03..L8 2.3.32 . D/09�
S8G'F-03 Tr �e�02� �u��t�f J6W
(pttachadditionalsheetifnecessarvl � .GOfi9 QE.C!?
TO THE HONORABLE MA.YOi2 AND CITY COUNCIL:
Pursuaat to Secfion 61.800 of the Saint Paul Zoning Ordinance and to Secrion 462357(5) of Minnesota
Statues, ���!F�4 7��ri1 /t7Lv . the owner of all the land proposed for rezoning, hereby
petitions you to rezone the above descrlbed groperty from a A4 zoning district tq
a RT a. zoning disirict, for Yhe purpose of: f
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revised 7l28/03
- SUNIMARY INFORMATIQN SHEET
FQR DUPLEX AND TRIPLEX COVEf2S10N CASES
PRfl FORAlIA ►NFORMA'f10N SHEET
FOR DtlPLEX P.ND TRIPLEX CONVERS�ON CASES
Confinuataan of Extra Units
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.
•
NOTE: 1. Effecfrve Gross Income =(Total rent income) -(Vacancy,'rf there is any) �
2. Ope[ati�g expenses are the scim of the riext five lir�s, incl maintenance, insurance, utilities, taxes and others
3. Net Operating Income =(Effective Gross Inrnme) -(Operating Expenses)
4. Cash Flow= (Net Operafing Incomej-(Mnua! debf payments) • • �
econhardhvaxls � ' _ � - ' - revised 7l23N3
DEPARTMENT OP FIRE AlVD SAFETY SERVICES
DouglasA. Hotton, Fire Chiej
CITY OF SAIN'I' PAUL
Christopher B. Ca(eman, Mayor
Aprii 2b, 2007
Teresa Deming
8510 W 29TF3 ST
ST LOUIS PARK MN 55426
DIVLSTON OF FII2E PREVENTION
Steven Zaccard, Fire Marshal
, l� ��
TOQE.EZeventhStrevt Telephone:651-228-6230
SamtPauI,MN55101 F'acsimite:651-228-624I
RE: RE-INSPECTIOIV CERTIFICATE OF OCCUPANCY WTTH
1539 LINCOLN AVE
Ref. # 106428
Dear Property Representative:
Your building was re-inspected for the Certi£tcate of Occupancy on Apri126, 2007. Approval for occupancy
will be granted upon compliance with the following deficiency list. The items on the list must be cosected
immediately. A reinspection will be made on May 29, 2007 at 9:3Qam.
aflure to comply may result in a criminal citation or the revocation of the Certi&cate of Occupancy. The Saini
aul Legislative Code requires that no building be occupied without a Certificate of Occupancy. The code aiso
provides for the assessment of additional reinspection fees.
DEFICIENCY LIST
1. ALLEY SIDE - SPLC 71.d1 - The address posted is not vis�lale from street. (HN-1)-Provide address
numbers that are a minimum of three inches in height, and contrast with the background
2. BASEMENT - FOR TFiE FT_IRNACE - MSFC 605.6 - Provide all electrical splices within junction
boxes.
3. BASEMENT - NEC i 10-12 - Provide for the electrical equipment to be installed in a neat and wozker
like manner.-Strap the wiiing in accordance with the electrical code
4. BASEMENT L7NIT - SPLC 34.14 (3), MPC 4715.200.T - Provide and maintain a window or approved
ventilation system in aii bathrooms. -Replace the missing fan cover.
5. BASEMENT LII�lIT - SPLC 62.101- Use of this properiy does not conform to zoning ordinance.
Discontinue unapproved use or call LIEP Zoning at (651) 266-9090 to convert to legal use.
6. BASEMENT IJNIT - MSFC 605.1- Remove unapproved e�xised wiring and install in accordance with
�e electrical code. This work may require a perroit(s). Call LIEP at (651) 2b6-9090. -Romex in the bathroom
7. BASEMENT UN�T - MSFC 901.6 - Provide required annuat maintenance of the fire extinguishers by a
quatified person and tag the fire extinguishers with the date of serviee.
8. BASEMENT UNIT - MSFC 605.5 - Discontinue use of exteasion cords used in lieu of permanent
wiring.
. q
9.''° BASEMENT I7NIT - NEC i 10-26 -Provide and maintaiu a miuimum of 3b inches clearance in front of
all electrical panels.
10. EXTERIOR - SPLC 34.09 (1) b,c, 34.32 (1) b,c - Provi@e and maintain all exterior walls free from holes �
and deterioration. Ail wood exterior unprotected sarfaces must be painked or profected from the elements and
maintained in a professiottal manner free from chipped or peeling paint -Remove the chipped and peeling paint,
and repaint where needed.
11. EXTERIOR - MSFC 506.1 - Install a keybox per attached K-1 handout, or remove tke locks on the
exterior doors. '
12. FLJRNACE ROOM - MSFC 703 -12epair and maintain the requFred fire resistive construction with
approved materials and methods. This work may require a pexmit(s). Call LIEP at (G51) 266-9090.
13. P`[TRNACE ROOM - MSFC 703 - Provide, repair or replace tiie fue rated door and assembly. The
minimum rating must be: 20 minutes.
14. SPLC 39.02(c) - Complete and sign the provided smoke detectar affidavit and retum it to this office.
15. Provide the inspector with a completed and signed Residential Qecupancy Affidavit.
16. MMC 504 - Provide, repair or replace the dryer e�aust duct, A9MC 504.6 - Exhaust ducts for domestic
clothes dryers shall be conshucted ofinetal and shalt fiave a smooth interior finish. Tfie eirhaust duct shall be a
*n;n;*num nominal size of four inches (102 mm) in diameter. The entire e�aust system shall be supported and
secured in place. •
If you have any quesiaotts, ca11 me at 651-228-6248 between 7:30 a.m - 9:00 a.m. Please help to make Saint
Paul a safer place in wbich to live and work.
Sincerely,
A.J. Neis
Fire Inspector
Ref. # 1Q6428
r7
L�
DEPARTMENT OF FIItE AND SAFETY SERVICES
DouglasA. Holton, Fire Chief �
DIVISION OF FIRE PREVENTION � � -"
CITY OF SAINT PAUL
Christopher B. Caleman, Mayor
March 26, 2007
Teresa Deming
8510 W 29TH ST
ST LOUIS PtLRK MN 55A26
IOO S Eleventh Streel Telephone: 657-228-6230
SaintPav7,MN55701 Facsimile:651-228-6241
RE: CERTIFICATE OF OCCUPANCY WITH DEFICIENCTES
1539 LINCOLN AVE
Ref. # 106428
Dear Properiy Representative:
Your building was inspected on Mazch 22, 2007 for the renewal of your Certificate of Occupaney. Approval for
occupancy will be granted upon compliance with the following deficiency list. The items on the list must be
corrected immediately. A reinspection will be made on Apri125, 2007 at 9:30am:
ailure to comply may result in a czuninal citation or the revocation of the Certificate of Occupancy. The Saint
au1 Legislative Code requires that no building shall be occupied without a Certificate of Occupancy. The code
also provides for the assessment of additional reinspection fees. .
YOU WII.L BE RESPONSIBLE FOR NOTIFYING TENANTS I£ A1VY OF THE FOLLOWING LIST OF
DEFICIENCIES ARE THEIR RESPONSIBIIdTY.
DBFICIENGY LIST
1. 1 ST FLOOR LTNIT - SECURE THE QUTLET JN Tf� PORCH - MSFC 605.1 - Repair or replace
damaged electricai fixtures. This work may require a permit(s). Call LIEP at (651) 266-9090.
2. 1 ST FLOOR LiNIT - MSFC 605.5 - Remove electzical cords that extend through walls, ceiling, floars,
under doors, or floors coverings, or are subjected to environmental or physical datnage.
3. ALLEY SIDE - SPLC 71.01 - The address posted is not visible from street. (HI�T-1)-Provide address
numbers that are a min;mum of three inches in height, and contrast with the background.
4. BA5EMENT - FOR THE F[JRNACE - MSFC 605.6 - Provide all elechical splices within junction
boxes.
5. BASEMENT - MSFC 605.5,3 - Immediately, discontinue use of frayed, deteriarated, damaged or
� liced electrical cords. fihis work must be done completed by a licensed electrician under permit. -Replace the
e damaged Romex.
6. BASEMENT - NEC 110-12 - Provide for the elecixical equipment to be installed in a neat and worker
like manner. -Strap the wiring in accordance with the electrical code.
7. BASEMENT UNiT - SPLC 34.14 (3), MPC 4715.ZOO.T - Piovide and inaintain a window or approved
ventilation system in all bathrooms. -Replace the missing fan cover. .
8. BASEMENT UNIT - SPLC 62.101 - Use of this property does not confoxm to zoning ordinance.
Discontinue unapproved use or call LIEP Zoniug at (651) 266-9090 To convert to legal use.
•
9. BASEMENT IJN1T - MSFC 605.1 - Remove unapproved eaposed wiring and instail in accordance with
the electricai code. This work may require a pernut(s). Call LIEP at (651) 266-9Q90. -Romax in the bathroom.
10. BASEMENT UNIT - MSFC 901.6 - Provide required annual maintenance of the fire extinguishers by a
qualified person and tag the fire extanguishers with the dafe of service.
11. BASENLENT IJNTT - MSFC 605.5 - Discontinue use of extension cords used zn lieu of permanent
wiring.
I2. BASEMENT LTrTIT - NEC 110-26 - Provide and maintain a minimum of 36 incfies clearauce in front of
all electrical panels.
13. EXTERIOR - SPLC 34.09 (1) b,c, 3432 (1) b,c - Provide and maintain all exterior walls free from holes
and deterioration. All wood exterior unprotected surfaces must be painted or protecte@ from the elements and
maintained in a professional manuer free from clupped or peeling paint. -Remove the clupped and peeling paint,
and repaint whexe needed.
14. EXTERIOR - MSFC 506.1- Install a keybox per attached K-i handout, or remove the locks on the
exterior doors.
15. FI7RNACE ROOM - MSFC 703 - Repair and maintain the required fire resistive coastruction with
approved materials and methods. This work may require a permit(s). Ca1l LIEP at (6S Y} 266-9090.
16. FLJRNACE / LAIJNDRY ROOM - MSFC 703 — Provide a fue rated door and assembly. The minimum
rating must be: 20 minutes.
17,
EF�
SPLC 39.02(c) - Complete and sign the provided smoke detectar affidavit and retum it to tlus office.
Provide the inspector with a completed and, signed ResidentiaT Qccupancy Affidavit.
19. SPLC 34.11 (6), 3434 (3) - Provide service of heating faeility by a licensed contractor which musY
inciude a cazbon monaxide test, Submit a completed copy of the Saint Paul Fire Mazshal's E�sting Fuel
Buiuing Equipment Safety Test Report to this office.
You have the right to appeal these orders to the Legislative Hearing Officer. Applications for appeals may be
obtained at the City Clerks Office, Room 290, (651-266-8688) and must be filed within 10 days of the date of
the oniginal orders.
3f you have any questions, call me at 651-228-6248 between 7:30 a.m. - 9:00 am. P2ease help to make Saint
Paut a safer place in which to Iive and work.
Sincerely,
A.J. Neis
Fire Inspectar
•
C 7
,
Re£. # 106428
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,, (7/3/2007) Mary Erickson - Fwd: townhouse rezoning Page 1;
�-�(� D 1'(� �
From: Patricia James
To: City council members
Date: 6/28/2007 5:12 PM
Subject: Fwd: townhouse rezoning
CC: Erickson, Mary
Foryourinformation.
Patricia James
Seniof Planner
Department of Pfanning & Economic Development
25 West 4th Street, Suite # 1400
Saint Paul, MN 55102
Tel: 651-266-6639
Fau: 65�-2283220
eatnci a. ia mesC� c i sto a u I. m n. as
Sai�t Pauf - The Most Livable City in Amerira
»> "Luc.y Gehan" <IucvgehanColcomcast.net> 6J28J2007 5:06 PM »>
l am writing concerning the rezoning of the property at 1539 Lincoln Ave in St Paul.
This has been a duplex since we moved into our home at 1527 Lincoln 22 years ago.
The neighborhood is mostly single family homes and is very family friendly, which is
why we like it and why we have lived here so long,
I see no reason that this neighborhood would benefit from turning this property into
RT2 Townhouse residential. We have many parking issues with Macalester College near
by and the Lincoln Commons at the end of our block. There is a lot of traffic involved
with this part of Lincoin Avenue.
The addition of more cars and more parking is becoming a problem for the home
owners in this area.
In addition, renters are not as aware of city issues like snow removal, cleaning city
streets, shoveling sidewalks and generally keeping the property up. I do not believe this
building is owner occupied and the addition of more renters complicates things.
Please consider denying this request.
Lucy Gehan
1527 Lincoln Ave
i(7/3/2007j Mary Erickson - Fwd: Rezoning Matter Scheduled for July 5, 530 PM - Item 47 Page 1 y
Q����
From: Patricia James
To: City Council - Letters
Date: 7/2/2007 3:08 PM
Subject: Fwd: Rezoning Matter Scheduled for July 5, 530 PM - Item 47
�.
Patnaa ]ames
»> <cinderl3C�comcast.net> 7(2/2007 2:56 PM >»
Dear Ms. James:
We have lived on Lincoln Avenue since 1985. Located within a block of Grand Avenue and near Maralester Coliege, our street is
busy as drivers avoid the Grand and Summit intersection and/or park near the college.
Our part of Lincoln Avenue consists mainly of single family residences. Our block is lotated behveen Saratoga and Pascal, one block
east of the subject property (1539 Lincoln Avenue). If I am not mistaken, there are three duple�es on our block, each owner-
occupied. No triplexes.
When I, Cynthia, attended the District hearing on this property, someone said there are multifamily buddings on Grand Avenue. If I
am not mistaken, Grand is zoned differenUy than Lincoln. It is commercial. There are �umerous apartment buildings. And fewer
single family residences as some convert to business buildings.
Our concern is rezoning a duplex to a triplex, essential{y allowing up to 12 people in three units try to park and live in a house ne�
door. This is a precedent we do rwt want to happen. In addition, we care that the land area is smaller than that required by the
city for a triplex. Twelve people (and friends/animals) are too many if one lives next door. If the renters are undergraduate
students who have not lived away from home or a dorm before, their naivete leads to increased trash, traffic and, at t�mes, trouble.
Furthermore, if the city okays the rezoning mandating Yne owner live in the tnplex - who will police a'phantom' landlord? Why put
the neighbors on alert if this arises?
Our experience is that living next door to a well-maintained, owner-otcupied duplex, with transient tenants (who rarely renew a
lease), renters have less interest in being 'neighbors.' We live in a wonderful neighborhood, we look out for each other. We know
eath other and we care abo�t St. Paul.
Sincerely,
Cynthia and David Foster
1514 Lincoln Avenue
Sainf Paul, MN 55105
651-698-3499
b� �� �
We wiff not be able to attend this meeting due to a schedul.e conflict, but would like to make
the following comments.
We are opposed to zoning changes which increase the density of housing units in this
neighborhood.
Grand Avenue, Snelling Avenue, and other area streets have existing multi-family and
apartment buildings which accommodate this need. The proximity to a college requires
vigilance to protect a cohesive neighborhood from encroaching student rentals, and the loss
of owner-occupied housing.
Please note the problems experienced by neighborhoods surrounding the University of Saint
Thomas and the University ofi Minnesota in ierms of noise, parking, code enforcement and
upkeep in areas dominated by multi-unit rentals.
Please also note the significant increase in reported burglaries and assaults on Grand
Avenue compared to Lincoln and Goodrich Avenues in this area.
Houses in this neighborhood maintain a strong market value, despite a real estate slump,
indicating a strong demand for the current housing in this area, Changes in the occupancy
would have a detrimental effect in the cohesiveness, desirability, and value of this
neighborhood.
We are therefore opposed to this zoning change and variance.
Philip and Barbara Jacobs
1557 Goodrich Avenue
Saint Paul, MN 55105
(651)699-5464
File#: 07-074-940940 & 07-075-036
Address: 1539 Lincoln Avenue
Hearing: Thursday, May 24 3:30 PM
Location: City Council Chambers, 15 West Kellogg
Purpose: Rezone from R4 - One Family Residential to RT2 Townhouse
Residential and variance of lot area for a triplex.
��-t� a-v
Hi Phiiip--feel free to forward this to the block if you'd like. I've just replied to you as sender
and not to the group.
Hassan and I sure don't like the sound of this, but as we're {eaving the neighborhood we feel
it should be up to those who are still here and will be affected to voice concerns if they have
them. lf you want to add our voice to that of the other residents, however, I would be happy
to write a lettedsend an emai4 stating our opposition to permission for a trip{ex on that single
home bfock.
We moved off of Marsha{I Avenue due to continuing concerns and probiems with homes
converted to multifiamily dwellings on our block and then deteriorating and suffering rapid
turnover of occupants, and we would hate to see that happen on our current block.
Property values and market time for neighboring homes are aiso are affected by non-
homestead/subdivided homes on a block, especially when it is that close to Snelling anyway.
We have all invested a lot in our homes on this quiet, low-trafFic block and i for one would not
want to see this investment threatened by another property owner who decides to become a
landlord with multiple units on his/her property.
These homes are not historicaliy mulfrfamily, and since there is continued demand for them
as single family homes, there is no reason to convert them and/or to add more and more
units, rentals over garages, etc. etc. It only takes one variance to establish a precedent.
I have seen this happen in other blocks in the neighborhood, for example where a resident
gets permiss+on from neighbors to build a huge two-story garage with a"storage loft" and
then seeks permission to make it into a rental afterward, especially when that home is
already listed as a duplex. While I'm all for increased urban density/decreased sprawl, I don't
think this is the way to go (even though we have a huge storage loft/studio over our own
garage that could potentially be converted if zoning rules were changed). How would the
neighborhood change if there were a domino effect and single family lots/homes began to be
converted to multi-unit residences?
This is an important question to think about, even though we're onfy dealing with one
variance. If anyone would like to quote me or fonvard this message on to the appropriate
authorities, feel free. We wish our neighbors well as they grapple with this zoning issue and
will miss you al{ when we move to Michigan in early July.
Sarah Grussing (and Hassan Abdel-Moneim)
1535 Goodrich Avenue
St. Paul, MN 55105
���� �
(addressed to Patricia James Saint Paul Planning Commission)
Ms. James,
It has come to my attention that there has been a recent request for zoning change at 1539
Lincoln Avenue. As a resident of St. Paul I have become more and more disconcerted with
the growing level of rentals in my neighborhood. I oppose the re-zoning of this property for a
number of reasons.
The profile of St. Paul is largely residential. One of the major forces of economy of the city
are iYs many coNeges. These two elements must be close{y watched to be in concert with
one another or they may end up jeopardizing the health and well-being of the other. This is
an on-going theme that groups like WSNAC seek to address in a very hands on manner.
They understand the complexities and dangers surrounding these types of zoning issues.
The bulk of the taxes for the city are paid by the permanent residents who are the backbone
of the city services that these colleges and their students enjoy. The level of fatigue that the
greater quantities of people living in these areas create on these city services are unfairly
carried by those permanent residents who pay those taxes.
We are trying to raise our families in a core city for which we must pay a significant tax on
our single residential homes. What must we do to be heard? Perhaps we should pull out
and move to the suburbs as the many residents who occupied New Haven did. These are
the actions they resorted to as their city became more and more compromised by student
rentals and the ever shifting population that rental property brings. We wish to avoid anything
that drastic, but the reality of the situation is that those monitoring these circumstances would
be wise to watch with care the kind of precedents that are set regarding just such acts of re-
zoning. It is truly a"sandpaper on wood" effect that erodes the good will of those who wish to
raise their families here in the city. When tax paying permanent residents are gone, the city
has even more services it has to employ to meet the needs of it's growing numbers of
renters, with fewer people willing or able to support iYs growing tax base. The city then cuts
back an the services of necessity due to iYs shrinking budget. Things start to look shabby
and the cofleges have a greater and greater challenge convincing parents to spend
significant amounts of money to send their children to a college in an area that is looks
fatigued and is largely transient in nature. Just ask the recruiters at Yale.
If this sounds extreme to you, I apologize. I grew up in St. Paul in the early seventies after a
great number of people fled the core city due to the growing pains surrounding racial
challenges that resuited in the burning of Selby Avenue and so on. The city looked very
different then. 1 love this city and am willing to fight on behalf ofi it's long ierm weil being.
How about you?
Thank you for your time and consideration,
Michelle Berg
1528 Goodrich Avenue
St. Paul, MN 55105
b�? -t� a-v
On May 22 2007, Phil Sell wrote:
�* High Priority "*
re above file # Address 1539 Lincoln Ave., proposed rezone from one
family residential to RT2 Townhouse.
We have lived almost across the street from where Pat Harris grew up
with his family on Goodrich Ave. We have lived on Goodrich Ave. for 24
years this June, only a block from the proposed rezone. We have seen
many changes to the neighborhood throughout the years. Several houses
have changed owners several times. Pat's old home was acquired just
last month by a new third owner since Pat's parents moved away.
ln spite of the frequent changes of ownership, we have had one factor
we could count on to maintain a sense of integrity to our
neighborhood--the fact that most of the homes in the immediate area that
were designed as residential, single family, have remained such. Our
immediate neighborhood has enough problems to contend with over the
years such as high traffic on Sneliing, constant infringement of
neighborhood parking by people attending Macalester events and increased
traffic caused by increase in Snelling/Grand businesses.
Please, do not contribute to the deterioration of our neighborhood by
allowing the variance to be changed from the current status of single
family residential at the 1539 Lincoln Ave. address.
Sincerely,
Phillip and Marsha Bell
1548 Goodrich Ave. St. Paul, MN 55105
651-690-1629
Phil Bell, Academic Advisor
College of Management
Metropolitan State University
ph il. bell@metrostate.ed u
ph.612-659-7278
location:
Management Education Center
1300 Harmon PI., Mpls.
adjacent to Mpls. Comm. Tech. Coll.
mail: 1501 Hennepin Ave.
Minneapolis, MN 55403-1897