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07-943Couucil File # 07-943 Green Sheet # 3044214 Suspension - 10/03/07 RESOLUTION PAUL, MINNESOTA Presented by 1 Subdivision-Lot Split Approval for Cari Boiander & Sons Co. 2 3 WHEREAS, Carl Bolander & Sons Co., Zoning File # 07-128-931, has submitted for City Council approval 4 the attached lot split to create two industrial parcels with variance ofi requirements that lots are previously 5 platted land and have frontage on an improved street, in the area NW of Hwy 280 and BNSF Main Line; 6 and 8 WHEREAS, the appropriate City departments have reviewed the lot split and found, subject to the 9 recommended conditions, that it meets the requirements of Chapter 69 of the Zoning Code for variances lo and approval of the lot split; and I1 1z 13 ta 15 16 17 t8 19 20 21 z2 23 24 25 26 27 28 WHEREAS, notice of public hearing before the City Council was duly published in the official newspaper of the City on September 10, 2007, and notices were duly mailed to each owner of affected property and property situated whotly or partly within 350 feet of the subject property; and WHEREAS, the City Council held a public hearing on the proposed lot split on September 19, 2007, at which ail interested parties were given an opportunity to be heard, the Council having considered ali the facts and recommendations concerning the subdivision; NOW, THEREFORE BE IT RESOLVED, that the City Council accepts and approves the attached lot split for Carl Bolander & Sons Co. to create two industrial parcels with variance of requirements that lots are previously platted land and have frontage on an improved street, subject to the following conditions: 1. The appl+cant shalt file a copy of the Council Resolution approving the lot split with the Ramsey County Recorder's Office and 2. The BNSF Railway Co. combines Parcel A with its property to the north (Property Identification Number 29292322006}. z9 AND BE IT FURTHER RESOLVED, that the City Clerk shall mail a copy of this resolution to the Applicant, 3o the Zoning Administrator, and the Planning Administrator. 31 Requested by Department o£ Planning & Economic Development By � � — Form Approved by City Attomey By: �!✓ �✓w�n... 1' t f- a� Adoption Certified by uncil Secretary Form Ap�r ed b M or for �b ission to Council By: iQu ic/ h BY: /r Approv by or: Date �7 By: 07-943 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � PE — Planning & Economic Development ! Confact Pereon & Phone: ' PatriciaJames � 266-6639 ! Must Be on Council Agenda by (Da[e): j !O�1C� C��fl='` i Doa Type: RESOLUTION � E-Document Required: N DocumentContaM: Gonqct Phone: 20.SEP-07 � ASSign Number For Routing Order Toql # of Signature Pages _(Clip All Lorations for Signature) Green Sheet NO: 3044214 0 YlanninE & Economic Develo➢mei Patritia dames I� 1 '�Iannin2 & Economic Developmei Cecile Bedor 2 _ityAttarney I �NAttorney ' 3 ' avor's Ofiice I Mavor/Assistant I�LL 4 ouncil Comcil 5 `tp Clerk i GSiv Clerk I - Approve resolution memorializing City Council action to approve a subdivision by lot split to create two i�dushial parcels with variance of requirements that lots are previously platted land aad have frontage on an improved street (ZF#07-128-931). Public hearing held September 19, 2007. Itlatfons: Approve (A) or RejeCt (K): Personal Servfce Gontl'acts Must Answer the Following Ruestions: Planning Commission 1. Has this person/firm everworked under a contract for this departmeni? CI8 Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee� Yes No Explain all yes answers on separate sheet and atWch to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Carl Bolander & Sons Co. has applied for subdivision by lot split to create two indushial pazcels with variance of requirements that lots aze previously platted land and have frontage on an improved street on property located in the area NW of Hwy 280 and BNSF Main Lme. The proper[y is fomier railroad land and will continue to be used for industrial purposes. Ativantages If Approved: City Cousicil intent is finalized. Disadvantages If Approved: None. Disadvantages If Not Approved: City Council acrion will not be completed. Trensaction: Funding Source: Financial Infortnation: (F�cpiain) Activity Number: �Z's e . SEP 2 7 2007 September 20, 2007 932 AM e�.a � v �� Cost/Revenue Budgeted: Page 1 Y�� DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Cecile Bedor, Director CITY OF SAINT PAUL Christopher B. Caleman, Mayor 25 West Fourth Sn'eet Samt Paul, MN 55102 September 4, 2007 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul. Minnesota 55102 Dear Ms. Erickson: Q . G (�3 � 7'elephone' 657-266-6700 Facsemt7e: 657-218-3220 i would like to confirm that a public hearing before the City Council is scheduled for Wednesday, September 19, 2007. for the following case. Zoning File: 07-128-931, Carl Bolander & Sons Co. Applicant: Mr Richard O'Gara Great Northern Ry Co Location of Property: 0 Westgate Drive, Area NW of Hwy 280 and BNSF Main Line Purpose: Subdivision by lot split to create two industrial parcels with variance of requirement that lots are previously platted land City staff have reviewed the proposed lot split and approved it subject to corrections. A staff report will be prepared and provided to the City Council the week prior to the public hearing. I have confirmed this day with Councilmember Benanav`s office. My understanding is that this public hearing request will appear on the agenda on or before the September 12, 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. Si c rely atricia James City Planner c: File # 07-128-931 Applicant: Attn: Mr Richard O'Gara Michael Klemm, Severson, Sheldon, District Council: 12 Wendy Lane Allan Torstenson Carol Martineau Paul Dubruiel NOTICE OF PI/BidC HEBRING 'tYie Saint Paul �ty Council w1l mn- duct a public hearmg on Wednesday. Sep tember 19, 2007, at 5:30 p.m. in the �ty Council Chambers. Thixd Floor, City Hatt/Covrthouse, 15 West Kellogg�BOUIe- vaza, st ra,il,.buv, to consiaer theapp li- cation of Idchard O'Crdra, Great Northern Ra�lw�ay Company, for a Subdivisioa bp lot split to create two inanstrial parcels wIth variance of req��irement that lots are previ- ously plattcd land at 0. a!estgate F.�rive, area northwest of Highway 280 and BIYSF Main Iane. (Zoning �le No. 07-128-931j Dated: September 6, 2007 � MARY ERICK.SON. � ' Assistant CYry Council Secretary {September 10Y � 81: PAi1L IEGAL.LF�GIIt ziiassas Great Northern Ry CO Dougherty & Molenda PA AA-ADA-EEO EMPLOYER DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Cecile Bedor, Direcior ,;. ., e. � AlEA • • CTTY OF SAINT PAUL Christopher B. Coleman, Mayar September 10, 2007 Ms. Mary Erickson City Council Research Office Room 310 City Hail Saint Paul, Minnesota 55102 Q e.,��.,.. � � �. -au�� 25WestFaurthStreet Zelephone:651-266-6700 SaintPaul,MT'S5102 Facszmile:657d28-3220 Re: Zoning File #: 07-128-931 File Name: Carl Bolander & Sons Co. Applicant: Carl Bolander & Sons Co., Attn: Mr Richard O'Gara Address: Area NW of Hwy 280 and BNSF Main Line Purpose: Subdivision by lot split to create two industrial parcels with variance of requirements that lots are previously platted land and have frontage on an improved street CiN Council Hearinq� September 19 2007 5•30 p m. Citv Council Chambers Staff Recommendation: District Council: Deadline for Action Approval with conditions District 12 made no recommendation October 1, 2007 Staff Assigned: ,^� Patricia James, 651-266-6639 J ��. , Attachments: Staff Report packet cc: Zoning File 07-128-931 Applicant: Carl Bolander & Sons Co. City Council Members District Council: 12 Wendy Lane Larry Soderholm Allan Torstenson Peter Warner AA-ADA-EEO Emp7oyer SUBDIVISION STAFF REPORT �� y �� FILE # 07-128-931 • 1. APPLICANT: Carl Bolander & Sons Co. HEARING DATE: September 19, 2007 2. TYPE OF APPLICATION: Subdivision-Lot Split 3. LOCATION: Area NW of Hwy 280 and BNSF Main Line 4. PIN AND LEGAL DESCRIPTION: See subdivision documents for exisfing and proposed legal descripfions. 5. PLANNING DISTRICT: 12 6. ZONING CODE REFERENCE: §69.304; §69.703 7. STAFF REPORT DATE: September 10, 2007 PRESENT ZONING: 12 BY: Patricia James 8. DATE RECEIVED: August 2, 2007 DEADLINE FOR ACTION: October 1, 2007 A. PURPOSE: Subdivision by lot split to create two industrial parcels with variance of requirement that lots are previously platted land and have frontage on an existing improved street B. PARCEL SIZE: Property is currently railroad right-of-way and has an irregular shape: approximately 823 ft. long with varying width and a total area of 69,696 sq. ft. C. EXISTING LAND USE: Vacant industrial land used for outdoor storage and railroad uses D. SURROUNDING LAND USE: The site is surrounded by railroad and industrial uses. The Westgate Industrial Park is located to the south of the site. E. ZONING CODE CITATION: §69.304 provides standards for the approval of lot splits and adjustments of common boundaries; §69.703 sets standards for approving variances of the subdivision regulations. • F. HISTORY/DISCUSSION: There is no zoning history for this site. The parcel is currently owned by the BNSF Railway Co. and is accessed from a private driveway that connects to the north end of Westgate Drive. The applicant is purchasing most of the existing lot from BNSF. This proposed Parcel B is adjacent to other property owned by Bolander and Sons located to the south and to the west in the City of Minneapolis. G. DISTRICT COUNCIL RECOMMENDATION: District 12 had not commented at the time this staff report was prepared. H. REQUIRED FINDINGS: 1. § 69.304 of the Zoning Code perrnits administrative approval of lot splits and adjustments of common boundaries wifhout platting, provided the foilowing conditions are met: (1) The lot or lots have frontage on an existing improved street and access to munrcipal services. This finding is not met. The site is currentiy owned by the BNSF railroad and is accessed from a private driveway that extends off the end of Westgate Drive. The railroad will retain ownership of this access and a 4.62 ft. sliver (Parcei A on the survey). According to the applicant, the main access for the property being purchased (Parcel B) and for the rest of the Bolander property is from Malcoim Street in fhe City of Minneapolis. The applicant has requested a variance of the frontage requirement. (2) The lot orlots to be divided are previously plafted land. This finding is not met. The property is railroad land that has never been platted. The applicant is requesting a variance of this requirement (3) The lof or lots meet the minimum standards for lot width and area for the zoning district in which they are located. This finding is met. There are no minimum standards for lot width and area in the t2 Industrial District. • (4) The division of the lots shall not cause a remaining part of a Fot to become a separately described fract which does not meef the minimum standards of fhe zoning district in which it is located or which does not have street frontage and access to municipai Zoning File # 07-128-931 Subdivision Staff Report Page 2 of 3 services. This finding is met. The remaining portion of the property (Parcel A) wili • continue to be owned by BNSF and used for railroad purposes. This use does not requira street frontage. Since most of Parcel A is quite narrow (4.62 ft.), BNSF has agreed to combine Parcel A with its property to the north. (5) The division does not result in a splif zoning classification on a sing/e /of. This finding is mef. 8oth parcels are in the same zoning district. (6) The division does not resulf in the creatron of a nonconforming structure or use. This finding is met. Both railroad uses and outdoor storage are permitted in the 12 district. ( 7) No /of shail be created where the building pad area for the principal structure has an exis6ng slope steeper than eighteen (18) percent or where a driveway steeper than twenfy (20) percent is required to reach the buiiding site. However, fhe planning adminisfrafor may approve the creation of a steeper lot, as an exception fo this regu(ation, where the sfeeper lot is spec�cally consistent with a city-approved neighborhood plan orredevelopmenf project. This finding is met. The property does not contain steep slopes. 2. Sec. 69.703 authorizes the city council to granf variances to the subdivision regulations when compliance wouid create an unusual hardship to the development of the land, based on the following findings: (1) The intent of this chapter is met. (2) The granting of the variance will not be defrimenfal fo the public safety, health or welfare or injurious fo other property or improvements in the neighborhood in which the property is located. (3) The condiSons upon which fhe request for a variance is trased are unique to the properfy • for which the variance is sought and are generally not applicable to other proper(y. (4) The literal inferprefation of the provisions of this chapter would deprive the applicant af rights commonly enjoyed by other properfies in the same zoning district. (5) The specia( conditions and circumstances do not result from the actions of the applicant. (6) Because of the parficutar natural surroundings, shape or topographical condifions of the spec�c properfy involved, unusual hardship to the owner would resulf, as distinguished from a mere inconvenience, if fhe strict letfer of these regulations were carried out. These findings are satisfied. The intenf of the subdivision regulations is to protect the public health, safety, and general welfare and to provide for the orderty, economic, and safe development of land. The property is located within a major railroad corridor and is surrounded by other general indusfrial uses. Approving this lot split wili not be injurious to other property in the surrounding area. Unique conditions not generalfy applicable to other property include the fact that Parcels A and B adjoin property wifhin the City of Minneapolis also owned by the BNSF and the applicant, and that the configuous property is also unplatted. The literai interpretation of the requirements for pfatting and street frontage would deprive the applicant of rights commonly enjoyed by other industrial properties in this area. The circumstances that give rise fo the need for tfie variances were creafed in the nineteenth century with the construction of the railroad, not by the appficant. Enforcing the strict application of the regulations would create a hardship for_the appiicant by requiring expensive platting and streef dedication for land that is not intended to be redeveloped to a level of intensity or a use that makes platfing or street frantage critical. - I. STAFF RECOMMENDATION: Based on required findings 1 through 7 and the findings for • variances, staff recommends approvai of the lot split and variances subject to the fo(lowing conditions: Zoning File # 07-'128-931 S�bdivision SYaff Report Page 3 of 3 b�-y�f� � 1. The appl+cant shall file a copy of the Council Resolution approving the variances wifh fhe Ramsey County Recorder's Office. 2. The BNSF Railway Co. combines Parcel A with its property to the north (Property Identification Number 29292322A06). Attachments: Application Certificate of Survey Site Location Maps � � a � � I I � g a i & § � � � 3 � W �� w� � a E g � � e � U � �� n� �� s i � f § a 4 � � e � E 4 x � F g ° s g 63i � � E �� .7 ~ W � �'p `tj�_ > �" s � � . �. � � w w � � � �� i � � � �. r � u Nno�,.�3swe� � � �pta� •.¢aY4 � Y P1Y� / " tL$'¢961AMJ �(1 NnO� Nld3NN3H � ¢ E i q E ' � g E 6 u � � � � � ; , � � � � m 1 � U � � a 6`a � � . �� L 0 ° a L° � a � � � � 3` 45 a � �� Sg y � 5 .�° E� da g g � 'a� 3 �'d€ z : � &'s � =s : �d8 ;fr� ' °�: � t p�c �� a �8� � � � • � • l � � CITIZEN PARTICIPATION P�.AMNTNG qIS7RICT5 � 1.SUNRAY-"BkT7L€CREEK4NT�HWdOD � 2.6REATER EAST 5IDE u 3.WEST SIDE 4.DAYTON'S 6LUFF 5:PAYNE-PHALEN. � 6.NORTN EFkD ' . 7. 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