08-314Council File # b8 � 3/ �
Green Sheet # 3�,SO 7 S$�
RESOLUTION
CITY
Presented
PAUL, MINNESOTA
1i
1 WHEREAS, the Sisters of St. Joseph of Carondolet (the "Sisters"), in Zoning File No. 07-194-057,
2 pursuant to Leg. Code § 61.106, applied to the Planning Comsnission for a Determination of Similar Use
3 that the Sister's use of a residential structure located at property commonly known as 1704 Palace Ave.
4[Pascel Identifiearion Number No. 492823130169] and legally described as WEBSTER ADDITION TO
5 THE CITY OF ST. PAUL, RAMSEY CO., MINN LOT 2 BLK 1, for the purpose of providing a residence
6 fox volunteers for the Sister's St. Joseph Warkex's program, is similaz to a convent, monastery ar religious
7 retreat; and
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
WHEREAS, on December 6, 2007, the Commission's Zoning Committee, pursuant to Leg. Code §
61.303, conducted a public hearing at which all person present were given an opportunity to be heard and,
at the conclusion of the hearing, and based upon the file, the staff report, and all the testimony, moved to
recommend that the Commission approve the application; and
WHEREAS, on December 14, 2007, the Commission, based upon all the files and evidence presented to
the Zoning Committee at the December 6, 2007 public hearing, moved to approve the said application
subject to conditions as indicate below, based upon the following findings of fact as set forth in
Commission Resolution No. 0?-78 which is incorporated herein by reference:
1. Sisters of St. 7oseph of Carondolet has applied for a Determination of Similar Use to
house volunteers in the St. 7oseph Worker Program at 1704 Palace Avenue. They haue
requested that the use be determined to be similar to that of a convent, monastery, or
religious retreat. The property currently houses six volunteers.
The property is owned by Joseph Brennan and has been leased to the Sisters since
February 2007. The property includes six bedrooms and approximately 1,463 finished
square feet of livable space. The property has a detached two-car garage and a paved
driveway/pad that can accommodate two additional vehicles. The applicant stated that
the volunteers live as a singe house-keeping unit, with shared cooking, household
responsibilities and a shared budget. The volunteers reside at the property and work
full-time during the week at their assignment locations. They also pray together and
attend shared evening activities such as "community nighY' and "Sharing of the Heart"
night on a weekly basis. All volunteers in the program are women. The property is not
used for any events or gatherings that are open to the general public.
Convents, monasteries, and religious retreats are permitted in residential districts subject
to the condition that the use be associated with a church, chapel, synagogue, temple or
other similaz house of worship. In this case, the Sisters of St. Joseph of Carondolet,
founded in 1650 in France, is a canonical order of the Catholic Church. The leadership
of the Sisters answers directly to the Pope of the Catholic Church in the V atican. The
Sisters of St. 7oseph is a non-profit organization.
68-3/�
43
44�
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
2. Secrion 61106 states: When a specific use is not listed in the zoning code, the zoning
administrator shall issue a statement of clarification, finding that the use is or is not
subszantialTy similar in character and impact to a use regulated herein. Such a statement of
clarifzcation shall include the ftndings that Zed to such conclusion and shall be filed in the off ce
of the zoning administrator. If the zoning administrator finds that the use is not sufficiently
similar to any other use specifzcally listed and regulated in the zoning code, any person
proposing such a use may fzle an application for the planning commission to determine if a use
is or is not similar to the other uses permittect in each district. The zaning administrator or
planning commission shall make the following findings in determining one use is similar or
another. In a letter dated October 18, 2007, Wendy Lane, Zoning Manager from the
Department of Safety and Inspections, stated that the Zoning Administrator's Office could not
determine whether the use was similaz in character to a convent, since the zoning code does not
cunently provide sufficient guidance. She did find that the use met conditions (b) through (d)
listed below:
(a) That the use is similar in character to one (1) or more of the principal uses
permitted. This condition is met. The use is similar to a monastery or a convent.
The zoning code does not haue specific definitions for a monastery or a convent.
The Minnesota Supreme Court, in City ofMinneapolis v. Church Universal and
Triumphant stated:
"Respondents quite conectly point out that the contemporary meaning of the words
"monaster}�' and "convenY' no longer necessarily indicates a reclusive lifestyle even
in the most traditional and established religions. Courts of many jurisdictions have
recognized that through the centuries the activities and pursuits of the occupants of
convents, monasteries, parish houses and rectories have changed to bring them in
closer contact with the secular world. The issue of whether a lay or dictionary
definition as opposed to a sociological, doctrinal definition applies to the land use
planners' usage of the word "monastery" is a question of law for this court. All
three religious experts at trial testified and the trial court found that the residents o
the Lake Harriet property live monastic lifestyles as exhibited by a central religious
faith, and attachment to an arganized church, shared living quarters and an ordered,
disciplined lifestyle. It is a definition of a monastery that we hereby adopt for
interpretation of the zoning code."
Based on the above-referenced definition and discussion, the use of the property as
housing for the SJWP volunteers is substantially similar in character to that of a
convent or monastery. The women in the program adhere to the Catholic tradition
and its teachings, and aze directly linked to the Sisters of St. Joseph and the Roman
Catholic Church. The participants also share living quarters and live an ardered,
disciplined lifestyle.
(b) That the traffic generated on such use is similar to one (I) or more of the principat
uses permitted. This condition is met. The volunteers living at the property have a
total of six vehicles. According to the applicant, two of the vehicles generally
remained parked in the garage and two more generally remain on the off-street
6g-3/�
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
13l
132
parking pad, as the SJWP volunteers walk or bike to work. The women use the
vehicles to drive to and from their volunteer assignments when walking ar bicycling
is not feasible, and for other standard residenrial trips as purchasing groceries and
attending meetings. Due to the communal nature of the program, the traffic
generated by tl�e occupants is sunilar to that generated by the convent, monastery, or
religious retreat.
(c) That the use is not first permitted in a Zess restrictive zoning district. This condition
is met. There is no category in the zoning code for religious community living.
Although rooming houses are permitted in a less restrictive zoning disriict, the
tesidents at this property appear to have a more familial relationship, chazacterized
by communal living quarters, shared household chores and shared budget, whereas
the residents of a rooming house generally haue separate leases and live
independently. The use as housing for six women volunteers in the St. Joseph
Worker Program is similaz to a convent, which is first permitted in a more restrictive
zoning district.
(d) That the use is consistent with the comprehensive plan. This condition is met. The
Housing Chapter of the Comprehensive Plan advocated for a full range of housing
choices throughout the city. Housing that is affordable to lower-income residents is
particularly important. Provided that the use is properly maintained and managed,
which it appears to be, the use offers an opportunity for volunteers to reside at the
property without bearing a heavy financial burden. The Macalester-Groveland
Community Plan emphasized maintaining the single-family character of the
neighborhood. The proposed use is not in conflict with the plan, as the appearance
and operation of the property will continue to resemble a single-family home.
[The Determination of Similar Use Application was approved subject to the following conditions as
set forth in Planning Commission Resolution 07-78]:
1. The nuxnber of residents sha11 be limited to six (6);
2. Structural alterations that would make conversion of the building to a single family use difficult
are not permitted. Any additions to the structure must be reviewed and approved by the
Planning Commission;
3. The nuxnber of off-street parking spaces shall not be reduced (2 in a detached garage,
and a drivewayipad that can accommodate 2 additional vehicles);
4. The approval is only valid if the property is used by the Sisters of St. Joseph of Carondolet for
the purpose of housing volunteers in the 5t. Joseph Worker Program;
5. The property is solely used for housing purposes; no gatherings open to the public shall take
place at the property;
6. The number of cazs associated with the use shall be limited to six (6); and
7. The approval shall be revoked if the property receives more than four citations for fire or code
violations in any 12-month period.
133 WHEREAS, Pursuant to the provisions of Leg. Code § 61.702(a), Winston Kaehler, in Zoning File No.
134 07-227-455, on or about December 21, 2007, filed an appeal from the determination made by the
�s -��f
135 Commission, and requested a hearing before the City Council for the purpose of considering the action
136 taken by the said Commission; and
137
138 WHEREAS, Pursuant to Leg. Code § 61.702(b) and upon notice to affected parties, a public hearing was
139 duly conducted by the Saint Paul City Council on February 6, 2008, where all persons interested were
140 given an opportunity to be heard; and
141
142 WHEREAS, The Council, having heard the statements made and having considered the application, the
143 report of staff, the record, minutes and recommendation of the Zoning Committee and the Commission's
144 resolution; does hereby
145
146 RESOLVE, That the Council of the City of Saint Paul hereby affirms the decision of the Planning
147 Commission in this matter as there has been no showing by the appellant that the Commission erred in its
148 facts, findings or procedure and the Council hereby adopts as its own the reasoning set forth in
149 Commission Resolution No. 07-78; and
150
151 BE IT FIJRTHER RESOLVED, That the appeal of Winston Kaehler be and is hereby denied; and, be it
152
153 FINALLY RESOLVED, That the City Clerk shall mail a copy of this resolution to Winston Kaehler, the
154 Sisters, the Zoning Administrator and the Planning Commission.
155
Bostrom
Cartec
Harris
Stark
Thune
�
Adopted by Council: Date 3
Adoption Certi�fie / by Coun �l Secretary
BY /./ ///1// ��/ � d/�
Approved by Mayor. Date `c�3�� a(
BY� ��A P � .A 0�1 n� �
Requested ent oE �� a
—.�
By:
Approved by the Office of Financial Services
By:
Approved by ity Attomey
B �.,� ul�,�_ 3� z- o�
Appzoved b ayo for bmi i o Co_uncil
BY� `��-,�fl
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
og-3r�
DepartmenUofficekouncil: Date Initiated:
ca ��ryA�ro�. I o���-0$ Green Sheet NO: 3050755
Conqct Person & Phone:
Peter Wamer
266$710
Doc. Type: RESOLUTION
�
Assign
Number
For
0 'riA[[ornev
1 ' Attorne De armient Director
2 ' Attome ���
3 6Vlavar's OSice MsYOr/Assistant
4 ooncil �
5 " Clerk ' Clerk
E-DOCUment Requiretl: Y
DocumentContact: JulieKraus
Confact Phone: 2668776
Order
Tota{ # ot Signature Pages _(Clip AII Lceations for S+gnature)
Metnorializing Ciry Council's Febmary 6, 2008 motion to deny the appeal of Winston Kaeliler to a decison of the Planning
Commission determining that use of 1704 Palace Avenue in Saint Paul to house volunteecs in a program nui by the Sisters of St.
Joseph of Cazondelet is similaz to a convent, monastery or Leligious retreat.
Mai�ons: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
1. Has this personffirm ever worked under a contract for this department?
Yes No
2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current city employee?
Yes Na
ExpWin all yes answers on separete sheet and attach W green sheet
Initiafing Problem, issues, OppoRunity (Who, What, When, Where, Why�:
The Council is required pursuant to the City Cl�arter to have its acrions reduced to a wriring dependent upon ihe nature of the matter
before it. The decision of the Council in this matter required a resoludon in order to comply with the CUu'ter. Approval of the
attached resolution fiilfills the Council's duty under the Charter. '
AdvanWges If Approved:
None.
Disadvantages If Approved:
Failure to approve the resolution violates the City's Chazter requirement.
DisadvaMages If Not Approved:
Trensaction:
Funding Source:
Financial Intormation:
(E7cplain)
Activity Number:
GostlRevenue Budgeted:
March 13, 2008 10:13 AM Page 1
DEPAATMENT OF PLANNMG &
ECONOMIC DEVELOPMENT
Cecile Bedor, Orrector
CITY OF SAINT PAUL
Chrrstopher B. Coleman, MQyor
December 31, 2007
Ms. Mary Erickson
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Dear Ms. Erickson:
25 West Fourth Street
Satnt Pau[, MN 55102
Q
Og-3/�
Telephone: 6� I -266-6700
Facsrmile� 651-228-3220
I would fike to confirm that a public hearing before the City Council is scheduled for
Wednesday, February 6, 2008, for the following zoning case.
Zoning File Number:
File Name:
Appellant:
Address:
07-227-455
Winston KaehlerAppeal
Winston Kaehler
1704 Palace Ave, between Davern and Wheeler
Purpose: Appeai of a Planning Commission decision determining that
use of 1704 Palace to house volunteers in a program run by
the Sisters of 5t. Joseph of Carondelet is similar to a convent,
monastery or religious retreat
Previous Action:
Zoning Committee Recommendation: approval with condition(s), 4- 1(Johnson)
Planning Gommission Recommendation: approval with conditions 11 - 7(Barrera,
Gordon, Johnson, McGall, Nelson, Porter, Spaulding)
I have confirmed this day with Councilmember Harris's o�ce. My understanding is that
this public hearing request will appear on the Council agenda on or before the January
23, 2008, City Council meeting and that you will ublish notice of the hearing in the
Saint Paul Legal Ledger. Please call me at 651�66-6659�if you have any questions.
Z(�(p� (_p�'� NOTICE OF PUBLIC AEARiNG
Sincerely,
� Cg0 �
�s -
Yang Zhang
City Planner
cc: File #: 07-227-A55
The Saint Paul �ry Council,iwllt con-
duct a public heazing on Wednesday, Feb-
niazy;6,_-2008 at 5:30 p.m. in,�,the City
Council Chambers, 'Pb.ird F1oor..,City
Hall/Cow 15 West Kello� Boute-
vard, Sti Paul. NIN, to consider tkre Appeal
of PTiiiston i{aehler to a decision of the
Plannii�ig Comiriission defermining that
use of`1704 Palace Aderiue '(between
Dava,n and 4Vheeler Streets) tn hause vo1-
unteers in a program run by the S7sters of
St. Joseph of- Cazondelet Ss similaz to a
mnvent, monastery or religjous reh�eat.
[ZF 0722?-455Y
Dated: December 31, 2007 _
MARY ERICKSON
Assistant CiEy Councit 5ecretary `
(January'n ,
' _ _= ST. PAUI. LEGAi:7EDGER �===c'
22155867 � -�
Appellant: Winston Kaehler bg'3�y�
Applicant: Sisters of St. Joseph of Carondelet
Jeff Abrahamson
Joseph & Sarah Brennan
Paul Dubruiei
Wendy Lane
Carol Martineau
Allan Torstenson
AA-ADA-EEO EMPLOYER
�
os-� r�{
cz� oF san�rr Pavz.
Chnstopher B. Coleman, Mayor
January 30, 2008
Ms. Mary Erickson
City Councif Research Office
Room 310 City Hall
Saint Paui, Minnesota 55102
Re: Zoning File #: 07-227-455
Fife Name: Winston KaehferAppeaf
Appellant: Winston Kaehler
DEPARTMENT OF PLA13i3tI3G & �
ECONOMIC DEVELOPMENT
Cecile Bedor, Darector ••'•'"`"•
ZS West Fourth Srree! TeZephone: 651-266-6655
SaintPaul,MN55102 Facsim�le:651-228-3314
Rddress: 1704 Palace Avenue, behveen Davern and Wheeler
Purpose: Appeal of a Planning Commission decision determining that the use of
1704 Palace to house volunteers in a program run by the Sisters of St.
Joseph of Carondoiet is similar to a convent, monastery or religious
retreat
•
.
Staff Recommendation:
District Councii 14:
Zoning Committee Recommendation:
Suppori:
Opposition:
Pianning Commission Decision:
Deadline for Action:
Staff Assigned:
Approval with Conditicns
Approval with Conditions
Approval with Conditions, vote: 4-0-1
G people spoke, 6 letters were received
4 people spoke, 6 letters and 1 petition were
received
Approval with Conditions, vote: 11-7
December 31, 2007, extended to February 29,
2008
Yang Ziiang, 651266.6659
Attachments: Planning Commission resolution 07-78
Pienning Commission minutes, December 14, 2007
Zoning Committee minutes, December 6, 2007
Correspondence received
Staff Report packet ,
cc: Zoning File #: 07-227-455
Appellant: Winston Kaehler
City Council Members
District Councii: 14
Wendy Lane
Larry Soderholm
AI1an Torstenson
Peter Warner
AA-ADA-EEO EMPLOYEA
�-3I�
APPLICATION FOR APPEAL
bepartinent ofPlanning and Economic Development
Znning Section
I400 Ciry Ha[I Annex
25 West Founh Street
Saint Paul, MN 55102-I634
(65I) 266-6589
APPLICANT
PROPERTY
LOCATION
Address � 7 (
City��
Zoning Fil
Addressl
� Board of Zoning .4ppeals � City Councit
�D�I�
�
�
❑ Planning Commission
Under fhe provisiort of Chapter 64, Sectian _/ O.2 paregraph of the Zoning Code, to appeal a
decision made by the
�
��l f�� Daytime
.
�SFi,
j� )
°n�/E-�' - � i� 20 t9�, FileNumber:
(date of d s�ion)
-I�r�fp
�
GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requiremenf, permif, decision or
refusal made by an administrative official, or an error in fact, procedure or findiog
made by the Board of Zoning Appeals or the Planning Commission,
��e�.� s� ����1 P�-��f��.; a i•-�.�a-�-m�.,�'i
����a�sl s b�<��eQ C�� �`�e� �5���,wtl� ���
� {-�.Q�� f��-,-�� a-rke,Y P , ,� s e � ��,�., �g p Y'e `�, , e.�
�,�, Y,q�cx.ti..,v�-� ��(' " �.rr,v'�n. - f"' t^'ls t�e.A,l�p tib.rg �(I-(}-� l�.
�' '�C'J� �f Z3- o SC 1�¢ '9T � rO �4/✓"f"" ��.u���;�`�!_ e.Y" � w W yi,[G�"! !!�
�v{y
��..s t ��f ..�..
(attach additional sheet if necessary)
ef� �z`�
`f3s
•
ApplicanYsSignature Date�.�.�, �oD it�
K:lforms]appforzppeal.wpd 11/8/04
!�-Z(-�a7
t��3-31y
.
�
Winston H. Kaehler
1'�1� Palace Avenue
S� Paul, MN bb106
Te2eghone 651-699-4183
December 3, 2007
St. Paul Planning Commission
Zoning Committee
I400 City Hall Aunex
25 West Fourth Street
St. Paul, MN 55102
To the Committee:
This letter is to raise questions and concerns relating to an
&y�iia.5,vi0u iCaP, uE�'i.c'sTwiAfi�ii'ill u iISQ Gi i i,iiB yTayei �'y" 8�� iiv�i i&id�.@
Avenue to house six volunteers in a program run by the Sisters oY
St. Joseph is similar to that oY a convent, monastery, or retreat.
The application was considered at a meeting of the Mac—Groveland
Gommunity Council Fiousing and Land Use Committee on November 28.
However� at that meeting too much time and attention were de'voted
to tangential or irrelevant issues Iike "party" houses, rooming
houses, aisd proliferation of student rental housing� while some
substantive facts and legal issues pertaining to the application
• were ignored or insufti�iently considered. Phis letter is written
in hopes that thase issues will be considered and related questions
answered at tne hearing/meeting on December 6.
Parentuetical page and paragraph numbers below reYer to the.
�� �6i4"[iiS.wviG1 Ci vi�uli3.T iv 'd.�jliiC3fr:aGu� W�+1iCii $t`i6uZu �^c CGI3Sili vfcu.
(p. 1, par. 2)
Six cottforming bedrooms are listed. Why were no building germits
issued for conversion to six bedraoms and other extensive improve—
ments per£ormed after the house was sold in 2006? Was an agree—
mettt reached for use of the property before remodeling was
undertaken or completed7 If so, why at that time were relevant
permits and approvals not sought� or ordinances consulted, so t}ie
use of the property would be in compliance wiih them?
(p• 1, par, 2-3)
, OYf—street parkittg is described as a two—car garage and a two—car
parking pad. The garage looks not big anough for tWO carsg and
the parking pad is in Paet a short driveway. If a car is parked
in the driveway, the garage is inaccessible. Effective off—street
parking is one or two spaces. It is appreciated that residents
when posslble park on Davern Street by hfattooks Park. However,
the houses on either side of 1764 Palace are atudent rentals
with at least four tenanta each� making a, total oP 4o�rtee� cars
at three c2oselyr spaced r,elatively small houses on one end of a
• block of fi�teen closely spaced houses. These facts difYer from
those presented in the Similar Use application and the Zoning
Committee Staff Report.
n$-��y
-2-
�FP. 2 & 3)
The Order of.St. Joseph, their worker program, and the importance
of comrnunal living in the program are described. No one questions
the moral and practical value of all o� those. The central issue
is whether those values warrant allowing increased density at
1704 Palace. Is the value of comrauaal living sufficient reason
to ask neighbors to subsidize the program by having the City grant
increased density at an already high-density corner? �re there
housing alternatives to relieve the high density at that location?
lhe ienants at I704 Paiace change every year. They do nat
take vows or make a longterm com�nitment comparable to that oY a
religious order. Designation as a religious retreat is dubious
if one cousiders the meaniag oY the wosd retreat.
tFP• 4-5)
In the four
to determine whether the proposed use is in
________ ___ zoning code� at least two appear not to be
met� and ths other two ere ase o '
Finding (b): The traffic generated (6 cars) is more than an
average family.use or rental to four or fewer unrelated tenants,
and actual oYf-street parking space is limited to one or two
vehicles.
Finding �d): The Ma.c-Groveland comprehensive plan "recommends
that land in the community be used to maintain and ennance the
residential character af ;:ac-GrcveZand as a single-fs.mily
neighborhood with higher density '�cusing i� commercial elusters
and aZong bus routes." 1704 Palace does not meet the latter
crbteria. Also, the.comprehensive plan's position relative to
owner occupancy of housing should be considered� if there is such
a position included. Granting extra occupant density in a
single-family house does not necessarily promote the goal of
preserving single-family neighbarhoods.
(p. 5 bottom, an8 pp. 6-7)
The allowed use is to be "associated with a church, chapel,
synago�ue, temple, or other similar house of worship." Is this
group assuciated with a speciYie house of worship?
Additionally, the Similar Use application and Zoning Committee
Staff Report statements that findings (aj and (c) are met seem
to be based on properties that are not comparable to 1704 Palace.
The Miuneapalis Ckurch Universal a.nd Triutaphant property is a
17,000-square-foot mansion on Lake Harriet Parkway, presumably
on a large lot xith setbacks� and is connected to a speeific.
house of worship aud congregation. 1977 Grand Avenue is in an
kM-2 district on e,n arterial street� a bus route, amid apartment
buildings and businesses. 'Its use is not more intensive than
surrounding uses.
�
LJ
r 1
L J
" (p. 8, par. 2) •
Do two v hicles in fact remain in tke garage a.nd two more on the
parkin�a�i•e•, drivevay), as application states?
D8�
n
U
—3—
(P. 8, par. 3}
Statemer�t that the neighborhaod is populated xith families
generating traf3ic. Families do not own six cars. A third
of the houses on the block {5 of 15) are now rental properties,
three of those being non—family groupings. The last four
years have seen a marked trend to absentee o�*nership in home
eales in the immediate area.
(p. 9, par. 2)
The "roominghouse" question. No one thinks the proposed use is
comparabl.e to a roominghouse. Why then raise that question, and
questions of less or more restrictive zoning categories?
(p. 10, par. 2)
The simple lifestyle of the occupants at 1704 Palace is a good
Yit with the neighuorhood and the comprehensive plan: The
proposed (a.nd current) number of occupents aud cars (6) is less
so. Can simple living be defined or legislated7
I have lived at 1712 Palace Avenue for over 29 years. The block
has evolved from completely owner—occupied (most at the same house
• for over 25 years} to about one—third rental and shorter—term
own.ership. Ttiis is as much a fact of liPe as it is a cause of
concern. I.ncouraging higher densi�y occupancy and awaership o�
single—family houses for investment purposes may not always be
in the.best interests oP the neighborhood and the cit}r, particularly
�.hon a- rl,���r og os,�axeag �.ive outside the city. Neighborhoods
benefit from a high proportion of owner occupancy and residents
feeling that they have a meaningful voice in determining the
future oY their neighborhood. As a neighbor� Z welcome and
enjoy the presence af the St. Josegh k'orker Progr�.m volunteers
nearhy, but feel that six occupants at that site is too matty;
that City codes should have been consulted and honored in the
planning and xork process; that the Simila: L'se app2ieatioa
should have been submitted and discussed before the house was
leased; thet noncompliant uses should not be approved after the'
3act; and that the question oY occupancy should have been con—
sidered from the outset in more inclusive� transpare.nt, and legal
, ways.
I hope a resolution of this problem can be Pound that will serve
the interests oP all co.ncerned.
Sincerely
�'�� ��L��
u
Winston Kaehler
������
F. S. There is something contradictory about elaiming simple
communal lifestyle as a basis £or specia�, consideration, then
claiming that each individual must have a private car. Could
there be soize cocamuttal sharing of sutomahiles� as in a family?
08--3 l �'
city of saint paul
planning commission resolution
file number o�-�8 �
date December 14, 2007
WHEREAS, Sisters of St. Joseph of Carondolet, File # 07-194057, has applied for a Determination tha#
use of the property to house volunteers in a program run by the Sisters of St, Joseph is similar to a
convent, monastery or retigious retreaf under the provisions of §61.106 of the Saint Pau( Legis(ative
Code, on properfy focated at 1704 Palace Ave, Parcei fdentification Number (PIN) 092823130169, legaify
descrbed as WEBSTER ADDITtON TO THE Ct7Y OF ST. PAI:L, RAMSEY CO., MlNN. LOT 2 BLK 1;
and
WHEREAS, fhe Zoning Committee of the Planning Commission, on December 6, 2607, held a pubtic
hearing af which alt persons present were given an opportunity to be heard pursuant to said application in
accarcar�ce w�F ihe r2yuiremaMs cf §S1.3C3 ;,# ."e Sai^f °a�:! Legisla;ive Ccde; and
WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning
Committee at fhe public hearing as substantialfy reflected in the minufes, made fhe following findings of
�
1. Sisters of St. Joseph of Carondolet has applied for a Determination of Similar Use to house
volunteers in the St. Joseph Worker Program af 1704 Pafac� Avenue. They have requested that
the use be defermined to be simi(ar to that of a convenf, monastery, or reiigious retreat. The
property currently houses six volunteers. . .
The property is owned by Joseph Brennan and has been leasea to the Sisters sir.ce February
2007. The progerty includes six bedrooms and approximately 1,463 finished square feet of livable .
space. The property has a de:ached tvro-wr garage snd a paved driveway/pad that can
accommodate two additional vehicles. The applicant stated that the volunteers live as a single
house-k2eping unit, with shared cocking, household responsibilities, and a shared budget. The
volunteers reside at the property and work full-time during the week at their assignment locations.
They also pray together and attend shared evening activities such as "community night" and
°5haring of the Heart" nighf on a weekly basis. Atl vo(unteers in the program are women. The
property is not used for any events or gatherinas that are open to the general public.
Convents, monasteries, and religious retreats are permitted in residential districts subject to the
condition that the use be associated with a church, chapel; synagogue, temple or other similar
house of worship. In this case, the Sisters of St. Joseph of Carondolet, founded in 1850 in France,
is a canonical order of the Catholic Church. The leadership of the Sisters answers directly to the
Pope of the Catholic Church in the Vatican. The Sisters of St. Joseph is a non-profit organization.
2. Section 61.106 states: When a specific use is nof listed in the zoning code, the zoning
administrator sl�all issue a sfafement of cla�cation, finding that fhe use is oris not substantially
simifar in characfer and impact to a use regulated herein. Such sfatement of cla�cation shall
moved by Mort�o�
seconded by •
in favor „
against 7(Barrera, Gordon, Johnson, McCall. Nelson. Porter. Spauldinq)
og 3r�(
Pianning Commission Resolution
•Zoning File #07-194-057
include the findirigs that !ed to such conclusion and shal! be filed in the o�ce of the zoning
admi�istrator. If the zoning administrator finds that fhe use is not sufficiently similar to any other
use specifical/y listed and regu/ated in the zoning code, any person proposing such use may frle
an application fo� the planning commission to determine if a use is or is not similar to other uses
pe�nitted in each district The zoning administrator or planning commission shali make the
following findings in determining one use is similar to anoiher. in a letter dated October 18, 2007,
Wendy Lane, Zoning Manager from the Departinent ofi Safiety and Inspections, stated that the
Zoning AdministraioTs O�ce could not determine whether the use was similar in character to a
convent, since the zoning Code does not currently provide sufficient guidance. She did find that
the use met condiiions tb) througM (d) listed below.
(a) That the use is similar in charactar to one (i) or more of the principa! uses permitted. This
condition is met. The use is similar to a monastery or a convent. The zoning code does not
have specific definitions for a monastery or a convent. The Minnesota Supreme Court, in City
oi Mirrfeapolis v. �hurch Urrivera/ and Trrump��arri, statz�i:
"Respondents quite correctly point out that the contemporary meaning of the words
'monastery' and `convent' no ionger necessarily indicates a reclusive lifestyle even in the most
traditionai and estabiished religions. Courts in many jurisdictions have recognized that through
the centuries the activities and pursuits of the occupants of convents, monasteries, parish
houses and rectories have changed to bring them in closer contact with the secular worid. The
issue of whether a fay or dictionary definition as opposed to a sociological, doctrinat definition
appiies to the land use planners' usage of the word `monastery' is a question of law for this
. court. Alt three re!igious experts at :riai testified and the triai court found that the residents of
the Lake Harriet property live monastic iifestyles as exhibited by a centrai religious faith, an
atFachment to an organized church, shared living quarters and an ordered, disciplined iifestyle.
it is this definition of a monastery that we hereby adopf for interpretation of the zoning code."
Based on 4he above-referenced definition and discussion, the use of the property as housing
for the SJWP volunteers is substantlally simiiar in character to that of a convent or monastery.
The women in the program adhere to the Catholic tradition and its teachings, and are directly
linked to the Sisters of 5t. Joseph and the Roman Catholic Church. The participants also
share living quaRers and live an ordered, disciplined lifesty!e.
(b) That the tra�c generated on such use issimi/ar to one (1) or more of the principa! uses
permitfed. This condition is met. The volunteers living at the property have a total of six
vehicles. According to the applicant, two of the vehicles generally remain parked in the garage
and two more generally remain on the off-street parking pad, as the SJWP volunteers walk or
bike to work. The women use the vehicies to drive to and from their volunteer assignments
when walking or bicyc�ing is not feasible, and for other standard residential trips such as
purchasing groceries and attending meetings. Due to the communal nature of the program,
the traffic generated by the occupants is similar to that generated by a convent, monastery, or
religious retreat.
(c) 7hat the use is not firsf perrnifted in a fess resfricfive zoning disfrict. This condkion is met.
There is no category in the zoning code for religious community living. Although
roominghouses are permitted in a less restrictive zoning district, the residents at this property
appear to have a more fami{ial relationship, characterized by communal fiving quarters, shared
househofd chores, and a shared budget, whereas the residents of a roominghouse generally .
• have separate leases and live independently. The use as housing for six women volunteers in
the St. Joseph Worker Program is similas to a convent, which is first permitted in a more
restrictive zoning district. '
(d) That the use is consistent with the comprehensive plan. This condition is met. The Housing -
0�' �3 ��
Planning Commission Resolution
Zoning File #07-194057
Chapter of the Comprehensive Plan advocated for a full range of housing choices throughout �
the city. liousing that is affordable to lower-income residents is particularly important. Provided
that the use is properiy maintained and managed, which if appears to be, the use ofFers an
opportunity for votunteers to reside at fhe property witfiout bearing a fieavy financial burden.
The Macalester-Groveland Community Plan emphasized tfie maintaining the singie-family
character of the neighborhood. The proposed use is not in conflict with the plan, as the
appearance and operation of tfie property will continue to resemble a single-family home.
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Pianning Commission, under the authority of
the G�ty's ! egis!2±ive Goc+e, ±h2t the applicafior. ef Sisters ef St. Joseph oi Carondolet for a Determination
that use of the property to house volunteers in a program run by the SisYers of St. Joseph is similar to a
convent, monastery or religious retreat at 1704 Palace Ave is hereby approved subject to the following
conditions:
1. The number of residents shafl be fimited to six (6);
2. Structural alterations that would make conversion of the building to a single family use difficult are
not perm Rn prQVed bv the Planning
Commission;
3. The �umber of off-street parking spaces shali not be reduced (2 in a detached garage, and a
driveway/pad that can accommodate 2 additional vehicles);
4. The approval is only valid if the property is used by the Sisters of St. Joseph of Carondolet for the
purpose of housing volunteers in the St. Joseph Worker Program;
5. The property is solely used for housing purposes; no gaiheri�gs open to the public sha{I take �
place at the property;
6. The rsurr�ber of cars associated with the use shall be limiied to six (o); and
7. The approval shall be revoked if the property receives more than four citations for fire or code
violations in any 12-manth period.
•
� ��3�`�
�
Saint Paul Planning Commission
Central Corridor Resource Center
1080 University Avenue W.
Minutes December 14, 20Q7
A meeting of the Planning Commission of tt�e City of Saint Pau1 was held Friday, December 14, 2007,
at 8:30 a.m. at the Central Comdor Resourca Center, 1080 University Avenue.
Commissioner: Mmes. Donnelly-Cohen, Lu, McCall, Morton, Porter, Smitten, Wencl, and
Present: Messrs. Aiton, Barrera, Bellus, Commers, Goodlow, Gordon, Johnson, Kranaer,
Nelson, Rosemazk, and Spaulding.
Commissioners Ms. *Faricy, and Messrs. *Cudahy, *Mazgulies.
Absent:
*Excused
•
Also Present: Larry Soderholm, Planning AdministraYor; Allan Torstenson, Lucy Thompson, ,
Donna Drummond, Patricia 3ames, Yang Zhang, Jessica Rosenfeld, Andrew
Jacobson, and Sonja Butler, Department of Pianning and Economic Development
staff.
I.
Approvai of minutes November 30, 2007.
•
II.
11
IV.
MOTION: Commissione� RosemaTk moved apprnval of the minutes ofNovember I6, 2007.
Ccn-u-nissi6nerP721sor, seco;td2d,F.2 mc:io;t. .Tha ma:iar �a.^.za� unc;:a::z�:e;�ly an a vni�e vcte.
Chair's Annonncements
Chair Alton announced that the nea�t Planning Commission meeting wiIl be back at the usual
glace except it wi11 start at 10.30 a.m. with the Holiday Party foilowing. Steering Committee
scheduled for December 28, 2Q07, has been cancelied. Chair Alton also said the Planning
Commission's Annual Meeting will be on January 25, 2008, and this month he will ask some
members to serve on a Nominating Committee. '
Planning Administrator's Announcements
Lany Soderholm reported on planning-tela4ed business at the City Council during the past week,
inciuding their action on the Electronic Billboazd Ordinance, and their agenda for nea week.
Zoning Committee
NEW BUSINESS
#07-194-145 Hawkins Inc — Conditional Use Permit to allaw structures not elevated on fill within
the flood fringe district.
b�' :3f�
�
Commissioner Morlon reported thai rhis cnse has been canceled uniil further nnricz
#07-179-179 Wiliiam Edrineton- Rezoning from RTl Two Faznily Residential to RT2
Townhouse Residential to legalize a hiplex. 180 George Street W., between BelIows and
Waseca. (Patricia,7ames, 651/266-6639)
MOTION: Commissioner tYlorton reported thallhe Zoning Commiilee has Jafd this case over
Yn Che Deeember Z0, 2007 meeting.
#07-198-268 RS $den Inc - Revision to previously approved Conditional Use Permit for a
Community Residential Facility, and pazking variance (9 spaces required under existing permit, 6
spaces proposed). $55 "7`" Street W., between Jefferson and Webster. (Patricia.Tames, 6511/266-
6639)
MOTTON: Commissioner Mnrton moved the Zoning Commiuee's recommendation to apprave
� v ro.a(1#ional usepermit with conditions The motion ca�ried unanimously on a voice vote.
-� #07-194-057 Sisters of St. Joseph of Carondelet - Determination that use of the property to house
volunteers in a program rum by the Sisters of St. Joseph is similaz to convent, monastery or
religious retneat. 1704 Palace Avenue, between Davern and Wheeler
(Yang Zhang, 651/266-6659J
Commissioner Morton summarized the case and the Zoning Committee's recommendation. •
Commissioner Nelson objected to the staff report finding that there are not four parking spaces
available. T'he pictures show a two pad parking space that blocks the garage. Based on zoning
codes definitions of pa*king spaces there reaily aze onh� two spaces located on d�is nmperty. He
also stated that is a very small house with less then 1500 squaze feet with six people, there is less
then 245 squaze feet per resident. This site is just too small, too dense for the number of people
living there. He stated he would vote against this application.
Commissioner Barrera: raised concem abolit the precedent that this will set for other types of
housing living arrangements for non-profit organizations. I3e atso voiced concem about safety
and density.
Commissioner Kramer spoke about the issue with the number of residents. The recommendation
puts a cap of six on the number of residents that could be in Yhis house. If this were a simple
rental house situation, there coald be four unrelated adults plus all of tfie people related to those
adults in the house. This is a rental house situated neaz the college and between twa other rental
houses. He stated that he concluded that passing the limitation of six residents would be a better
outcome for that neighborhood. He suggested that a further restriction on the number of cazs
could be considered. T-Ie stated the issue is how similaz tUe proposed use is to a convent,
monastery or religious retreat?
Commissioner Johnson stated he voted against this application at the Zoning Committee's
meeting, largety for the reasons that Commissioners Nelson and Barrera raised. He stated the
issues of pazking and traffic in the neighborhood aze serious ones.
�
08-3 ��
• MOTION Co�nnzissioner Morton moved the Zoning Committee' recomntendation to apptove
the defermination that zhe use af ihe property is similar to a eonvenr, monastery or religious
retreat
Commissioner Bellus called for a roll call vote.
ROLL CALL VOTE: The motion to approve carried on a ro[I call vore of ZI-7 (Barrera,
Gordon, Johnson, McCall, Nelson, Porte�, Spauldin�
Pro�osed zoninQ amendments oertainin� to roof signs —Review and recommendation on City
Council proposed amendmenu to Chapter 64 of the Zoning Code pertaining to roof signs. Two
altematives are being considered: Either to prohibit roof signs or to provide additiona!
restrictions to roof signs City Wide. (Allan Torstensan, 651/266-6579)
Allan Torstensor reported �'�at ir. M�ch 2045 th� �i:y Ccur..il pzsse3 an o:uinz^.ce te Yrehibi#
roof signs, but that ordinance was vetoed by Mayor Coleman. Now the City Council has
proposed rivo options for roof sign ordinance: one that would prohibit them and another that
would provide some additional restrictions.
The draft xesolution does not recommend one of the two proposed amendments over the other.
Rather, it provides background findings pedaining to roof signs, such as current regulations
(which limit roof signs to no more than 37%z feet above grade), and the impact ofthe proposed
regulations (there have been only six new roof signs in the last seven years). There were three
• permits for replacement of existing signs in the last two years. Two of those were ior
repEacement of legal nonconforming roof signs that were on the tops of downtown buiidings
(nonconforming because they are more then 37Yz feet above gcade}. Linder the proposed
ordinances, legal nonconforming signs could continue to be replaced.
This draft resolution also has findings about roof sign regulations in surrounding municipalities.
Minneapolis, Roseville, Woodbury, West Saint Paul and Bioomington all prohibit roof signs.
Maplewood allows roof signs only upon review and approval by the CiTy Council after review by
the community design review board and a finding that there is no other better altemative.
Finding 8 notes that the draft altemative ordinance to add restrictions roof signs would limit the
height to 2Vi feet a6ove the roofline of a one story buiiding and 5 feet above the roofline for a two
stary building, which is lower then the 37%z foot height above grade generally allowed for
freestanding signs. Finding 9 notes that the draft aiternative ordinance to add restrictions to roof
signs contains some superfluous language, and could be written more cleariy and simply. The
resolution recommends specific language changes to make it more clear and simple, and also
recommends a substantive change to language pertaining to the orientation of roof signs.
Commissioner Kramer said 6anning roof signs may just leave an owner of a one story building
the option of a Qole sign in the pazking ]ot, which can be even taller. Therefore, prohibiting roof
signs wouldn't ban ugly signs; it would only bans signs on roofs. For a zero lot line building,
which we have on a lot of the older street car streets, prohibiting roof signs would only leave the
option of putting a sign on the face of the building. It would create a situation where buildings
with parking lots along the street are treated difFerently than zero 1ot line buildings. He thinks it's
� a solution in search of a problem.
c� �-3 �Y
x NeW Bugso�
None
XI. Adjourmnent
Meeting adjoumed at 9:50 a.m.
n
Recorde an�c' d prepared' y
Sonja Butler, Planning Commission Secretary
Planning and Economic Development Department, -
City of Saint Pau]
Respectfuily submi�ted
Approved �J fj � t
(Date?
.
,� 1�-� ��-
d Larry Soderholm, AICP
Ptanning Administrnior
PED�Butlet�December 14, 2007
��.��
M 'lyn Porter
Secretary ofthe anning Commission
C�
a�-3+�i
�
MINUTES OF TNE ZONtNG COMMITTEE
Thursday, December 6, 2007 - 3:30 p.m.
City Council Chambers, 3rd Floor
City Hall and Court House
15 West Kellogg Boulevard
PRESENT: Alton, Johnson, Kramer, Morton and Rosemark
EXCUSED: Donnelly-Cohen, Faricy, Gordon,
STAFF: Patricia James, Carol Martineau, Ailan Torstenson and Peter Warner, and
Yang Zhang
The meeting was chaired by Commissioner Morton.
Sisters of St. Joseph of Carondolet - 07-194-057 - Determination that use of the property
to house volunteers in a program run by the Sisters of St. Joseph is similar to a convent,
monastery or religious retreat, 1704 Palace Ave, between Davern & Wheeler
Yang Zhang presented the staff report with a recommendation of approval with conditions for
the DSU. Yang Zhang also stated District 14 recommended approvat with conditions, and there
were 4 Ietters in support, and 4 letters and 2 petitions in opposition.
. Jeff Abrahamson, representative of the applicant, thanked the committee, staff, District 14, and
afl ihe peop(e who attended fhe meetings. �r. Abrahamson stated tfiey agreed wifh aIi tne
conditions except the District 14 condition thaf ihe DSU should be terminafed if the current fease
expires; it shoufd be changed to if the tenancy,changes. He a{so gave a history of the program
and why they chose ;his neighborhood. (See attached L'SU appiica;ion).
Suzanne Herder, director of the St. Joseph Worker Program, explained the values of the
_ program. She stated that.the valunteers are committed to socia! justice and spirituality for life.
The housing arrangement seeks to build a community of 6 women to support each other.
Bridgette Keily, staff member of the Sisters of St. Joseph of Carondolet, reiterated why they
choose the house and neighborhood. She also explained the volunteers are active participants
in neighborhood events and are an enhancement to the character of the neighborhood.
Garman Coffman-Johnson, 1701 Palace Avenue, submitted a petition in opposition and stated
her opposition. See Carman Coffman-Johnson attachment and petition.
Winston Kaehler, 1701 Paface Ave., also spoke against the appiication. Piease see attached
letter from Winston H. Kaehler.
Susan Dio�, 1725 Palace Ave., submitted another petition in opposition. (See attached Dion
Sue lettef, petition, and pictures).
Loren Danieison, '1710 Palace Ave., stated that there are several other rentai properties in the
• neighborhood.
0�
December 6, 2007, Zoning Commitfee Minutes
File # 07-194-057
Page 2 of 2
Jeff Abrahamson, representative of the applicant, commented that the concem pertaining to
rentals is not a criterion of this approval. Many families have more than four people. The
Determination of Similar Use is a provision of the code to address uses not otherwise
specificaliy regulated. He also stated the code does not require peopte take reiigious vows for
the use to be considered a convent, a monastery, or a religious retreat. He explained the
religious training and lifestyle of the women. The volunteers are not allowed to have overnight
guests. He also expiained fhe vehicie usage and parking situafion.
The pubtic hearing was closed.
Commissioner George Johnson addressed the issue of the Determination of Similar Use and
stated he would vote against the Determination of Similar Use based on its potential of
decreasing neighborhood stability, traffic issues, and on the basis of the petitions that were
Commissioner Brian Alton moved approval of the DSU with conditions. Commissioner Dennis
Rosemark seconded the motion.
_ After further discussion pertaining to the conditions the motiort passed by a vote of 4-1-0.
Adopted Yeas - 4 Nays - 1(George Johnson) Abstained - 0
Drafted by:
�� ��
Carol Martineau
Recording Secretary
Submitted by:
Yang Zhang
Zoning Section
Approveii by:
�
Gladys orton
Chair
�
•
•
G�8-'3 i
. From: john faley <johnfaley@yahoo.com>
To: ryang.zhang@cistpauLmn.us>
Date: 1/29/2008 11:18 AM
Subject: St Joseph worker facility issue
Dear Yang and Department of Economic Development,
This note is in support of the St Joseph Workers
being able to continue their program as it is now in
place.
While the impact on neighborhood parking is slightly
higher with the occupancy of their residence at six
individuals with separate vehicles (as cpposed to four
unrelated individuals, with one car each)I believe
that the nature of the program that they are involved
in, with iYs commitment towards social
responsibifity, and the ensuing accountability of the
St Joseph's program staff for the residents personal
behavior, allow the neighbors greater control of a
rental property than would be possible if it were let
to four related, or unrelated individuals of any age.
In conclusion, While I would rather the property be
a single family residence, if it is to be a rentai,
the benefits and accountability from having the St
Joseph's of Cardonlet program workers occupying that
� structure far outweigh the oarking issues associated
with them.
You may quote me at length.
Sincerely,
John Faley
1749 Palace Avenue
Be a better friend, newshound, and
know-it-all with Yahoo! Mobile. Try it now.
http:/Imobile.yahoo.coml;�It=Ahu06+62sR8H DtDypao8Wcj9tAcJ
•
D8 -3 i�{
ZONING COMMITTEE STAFF REPORT
1. FILE NAME: Sisters of St. Joseph of Carondolet FILE # 07-194-057 •
2. APPLI�ANT: Sisters of St. Joseph of Carondolet HEARING DATE: November 2Q, 2007
3. TYPE OF APPLICATION: Determination of Similar Use
4. LOCATION: 1704 Palace Ave, between Davern & Wheeler
5. PIN 8� LEGAL DESCRIPTION: 092823130169; WEBSTER ADDITION TO THE CITY OF ST.
PAUL, RAMSEY CO., MINN. LOT 2 BLK 1
6. PLANNING DISTRICT: 14 EXISTING ZONING: R4
7. ZONING CODE REFERENCE: §61.106
8. STAFF REPORT DATE: November 28, 2007 BY: Yang Zhang
9. DATE RECEiVED: November 1, 2007 60-DAY DEADLINE FOR ACTION: December 31, 2007
A. PURPOSE: Determination that use of the property to house volunteers in a program run by the
Sisters of St. Joseph is similar to a convent, monastery or religious retreat
B. PARCEL SIZE: 5080 sq. ft. (40 feet on Palace by 127 feet in depth)
C. EXISTING LAND USE: Singie-family home used to house volunteers in the St. Joseph Worker
Program
[�. SiiRr�c�Ulvl7fivG i�Fi[� iiSt:
North: Single-family home, zoned R4
East: Single-family home, zoned R4
-- so . ,
West: Single-family home, zoned R4
E. ZONING CODE CITATION: §61.106 authorizes the planning commission to make similar use
determinations when a specific use is not listed in the zoning code. Specific findings must be
made.
F. HISTORY/DISCUSSION: No history.
G. DISTRICT COUNCIL RECOMMENDATION: The �istrict 14 Council has not commented at the •
time of this staff report.
H. FINDINGS:
1. Sisters of St. Joseph of Carondolet has applied for a Determination of Similar Use Permit to
house volunteers in the St. Joseph Worker Program at 1704 Palace Avenue. They have
requested that the use be determined to be similar to that of a convent, monastery, or religious
retreat. 7he property currently houses six volunteers.
The property is owned by Joseph Brennan and has been leased to the Sisters since February
2007. The properiy includes six bedrooms and approximately 1,463 finished square feet of
livable space. The property has a detached two-car garage and a paved driveway/pad that can
accommodate two additional vehicles. The appiicant stated that the votunteers live as a single
house-keeping unit, with shared cooking, household responsibilities, and a shared budget. The
volunteers reside af the property and work full-time during the week at their assignment
locations. They also pray together and attend shared evening activities such as "community
nighY' and "Sharing of the Heart° night on a weekly basis. All volunteers in the program are
women. The property is not used for any events or gatherings that are open to the general
public.
Convents, monasteries, and religious retreats are permitted in residential districts subject to the
condition that the use be associated with a church, chapei, synagogue, temple or other similar
house of worship. In this case, the Sisters of St. Joseph of Carondolet, founded in 1650 in
France, is a canonicat order of the Catholic Church. The leadership of the Sisters answers
directly to the Pope of fhe Catholic Church in the Vatican. The Sisters of St. Joseph is a non-
profit organization.
2. Section 61.9 06 states: When a specific use is not listed in the zonrng code, the zoning •
administrator shall issue a statement of clarification, finding thaf the use is or is not
substantially similar in character and impact to a use regulated herein. Such statement of
a� 3i�
Zoning Case #07-194-057
Zoning Committee Staff Report
. Page 2 of 3
clarificafion shal/ inciude the findings that led to such conclusion and shall be filed in the offce
of the zoning administrator. If the zoning administrator finds that the use is not su�cient/y
similar fo any ofher use specifically lisfed and regulated in the zoning code, any person
proposing such use may �le an application for the planning commission to determine if a use is
or is no# similar to ofher uses permitfed in each districf. The zoning administrafor or planning
commission shall make the following frndings in determining one use is similar to another. In a
letter dated October 18, 2�07, Wendy Lane, Zoning Manager from the Department of Safety
and inspections, stated that the Zoning Administrator's Office could not determine whether the
use was similar in character to a convent, since the zoning code does not currently provide
sufficient guidance. She did find thai the use met conditions (b) through (d) listed below.
(a) That the use is similar in character to one (1) ormore of the principal uses permitfed. This
condition is met. The use is similar to a monastery or a convent. The zoning code does not
have specific definitions for a monastery or a convent. The Minnesota Supreme Court, in
City of Minneapolis v. Church Universa/ and Triumphant, stated:
"Respondents quite correctly point out that the contemporary meaning of the words
'monastery' and 'convenY no longer necessarily indicates a reclusive lifestyle even in the
most traditional and established religions. Courts in many jurisdictions have recognized that
through the centuries the activities and pursuits of the occupants of convents, monasteries,
parish houses and rectories have changed to bring them in closer contact with the secular
world. The issue of whether a lay or dictionary definition as opposed to a sociological,
doctrinai definition appiies to the land use planners' usage of the word 'monastery' is a
• questian of law for this court. Ali ihree religious experts at trial testified and the tria! court
found that the residents of the Lake Harriet property live monastic lifestyles as exhibited by
a central r�lig:ous faith, an attachment to an orgarized ch�rch, shared livir�g quarters ar�d
an ordered, discipiined lifestyle. It is this definition of a monastery that we hereby adopt for
interpretation of the zoning code."
Based on the above-referenced definition and discussion, the use of the property as
housing for the SJWP volunteers is substantially similar in character to that of a convent or
monastery. The women in the program adhere to the Catholic tradition and its teachings,
and are directiy finked to the Sisters of St. Joseph and the Roman Catholic Church. The
participants also share living quarters and live an ordered, disciplined lifestyle.
(b) That the t�affic generated on such use is similar to one (1) or mo�e of the prir�cipal uses
permitted. This condition is met. The volunteers living at the properry have a total of six
vehicles. According to the applicant, two of the vehicles generally remain parked in the
garage and two more generaily remain on the off-street parking pad, as the SJWP
volunteers walk or bike to work. The women use the vehicles to drive to and from their
volunteer assignments when walking or bicycling is not feasible, and for other standard
residential trips such as purchasing groceries and attending meetings. Due to the
communal nature of the program, the traffic generated by the occupants is similar to that
generated by a convent, monastery, or religious retreat.
(c) That the use is not first permitted in a less restrictive zoning district. This condition is met.
There is no category in the zoning code for religious community living. Although
roominghouses are permitted in a less restrictive zoning district, the residents at this
• property appear to have a more familial relationship, characterized by communal living
quarters, shared household chores, and a shared budget, whereas the residents of a
roominghouse generally have separate leases and live independently. The use as housing
for six women volunteers in the St. Joseph Worker Program is similar to a convent, which is
b�-� I �(
Zoning Case #07-194-057
Zoning Committee Staff Report
Page 3 of 3
first permitted in a more restrictive zoning district.
(d) That the use is consistent with the comprehensive plan. This condition is met. The
Housing Chapter of the Comprehensive Plan advocated for a full range of housing choices
throughout the city. Housing that is affordable to lower-income residents is particularly
important. Provided that the use is properly maintained and managed, which it appears to
be, the use offers an opportunity for volunteers to reside at the property without bearing a
heavy financiai burden. The Macalester-Groveland Community Plan emphasized the
maintaining the s;ngle-farr,ily character of the neighborhood. The prepcsed use is not in
cen�lict :ro:th the plar:, as ths ap�eara;:ce and cFara:ion of the p�eperfy wi!! ce�tir.:ae ta
resemble a single-family home.
I. STAFF RECOMMENDATfON: Based on ihe above findings, star`fi recommends approval of the
Determination of Similar Use Permit, finding that use of fhe property fo house volunteers in a
program run by the Sisters of St. Joseph is similar to a convent, monastery or religious retreat
subject to the following conditions:
�
. - of-r --- c5.a���t��aJl-be-4�aited-to_.six-�fi��
2. Structural alternations that would make conversion of the building to a single family use difficuit
are not permitted. Any additions to the structure must be reviewed and approved by the
Planning Commission;
3. The number of off-street parking spaces shall not be reduced (2 in a detached garage, and a
driveway/pad that can accommodate 2 additional vehicles);
4. The permif is onty valid if the property is used by the Sisters of St. Joseph for the purpose of �
hausing volur�teers ir the St. .;cseph `JVorker Prcgram;
5. The property is solely used for housing purposes; no gatherings open to the public shall take
piace at the property; and
6. The number of cars associated with the use shall be limited to six (6).
•
DEfERMINA710N OF SIMILAR USE APPLICATION
DaparYmenf of Planning and Economic Development
Zoning SecGon
• 1400 Cify NallAnnex � � � �+
25 Wesf Fourth Sfreef
Saint Paul, MN 55102
(651) 266-6589
AFPLICANT � Neme Sisters of St. Joseoh of Carondelet
AddfeSS 1884 Aandolph Avenue
CIIY St. Paul St. MN Zip 55105 DaYYime phon2651-696-2762
Name of owner (if different) Josenh M. Brennan
Contact person (ii di(ierent}_ seff Abrahamson Phone612-9��-s244
rFc��Ett�'to Addre
LQCATION Legal
Zoning R4
•
REQUEST: Applicat(on is hereby made under the provisions of Chapter 61, Section 106 of the
Zoning Code for a Determiaation of Similar Use.
The 8isters of St_ Joseph of Carondelet currently house volunteeYs
CUlC8f1tUS8 in the 5t_ Joseph Wozkez Proqram at the kropezty and request thaC
theis use be determ+ned to he eimiiar t4 that of a�onvent,
Proposed use monestarv, or relicious retreat as set Yorth in 7.c,nina enda
S ec, 65 .272.
SUPPORTING INFORMATION: Provide the following infomlation (attach additional sheets if necessary}.
�1 Is the use similar in eharacter to one or more of the principal uses permitted in the zoning district?
Yes - Please see attached documentation.
6d Is the traffic that tha use will generate similar to traftic generated by ona or more permitted uses?
Yes - Please see attached documentation.
�1 Is the use already permitted in a less restrictive zoning district? �, d�
No - please see attached clocumentation. ��
� Requised site plan is attached� No site plan is requi=ed Eox thie Applicstion.
AppficanYs signatur , ate _�G City agent_
Attor f Sistets of St. Josegh
• of Carondelet
r
1
f�
�
\�
�o �cn 7nti� S Nkiel?ItIW SzJ9I?J$ + bE �SS LBOZ,/0E(HT
0�'����( APPLYCATTON FOR DETERM1NATrON OF SYMILAR USE
pursuant to the City of Saint Paul zoning code Sec. 6I,106, the Sisters of St. 7oseph of
Carondolet (the "Sisters"} submit this Applicaiion for betermination of Similaz Use
("Application") requesting that the Saint Paul Planning Commission (" Plannin� Commission")
determine that the Sisters' clurcnt use of the properiy located at 1704 Palace Aveaue, Saiat Paul,
Minnesota 55105 is similar to that of a conveat, monastcrv or rcli�ious reireat as set forth in
zoning code Sec. 65.272. The basis for this Application fs set ferta be?ow.
T. BACK6IiOTJND
A. The Property
The groperry that is the subject of this Application is located at 1704 Palace Avenue,
�
. � 1 ��' � . � \ �• 1 •� .�� �� � • '�
��• a �. �'
"Property"). The Property inctudes six conforming bedrooms and approxunately 1463 finished
squaze feet of livable space. Off-street parking consists o£ a iwo bay garage and two spaces for
vehicles on a parkin� pad. The owncr of the Properry, 7oseph Brennan, currently leases the
Property to the Sisters as housing foz young women who are voluntecrs in the St. Josegh Worker
Prog�am.
Residency in a single fazniIy dwelling unit zoned for R4 use is Iimited to a maximmm of
four (4} unreIated individuals by the Saint Paul zoning code. The Sisters currently house six (6)
unrelated women who are voluntccrs of the St. 7oseph Worker Program at the Property. The
volunteers have a total of six (6) vehicles at the Pzoperty. Two of the vehicles remain in the
garage while two more generally remain parked on the pazkrng pad. The volunteers typically
pazk the remaining two vehicles oa the street. The property is not used for any events or
gathcrings that ara open to the general public. The SisYers subu�it this Appiicaiion and request
that the Planning Commissioa determine that the Sisters' current use of the property is sizniIar to
•
�
LJ
6EI70 39bd S'IdW Ntt9�40W S�J�JI2iH + bE�Si L00L/0E/9Z
08-3��f
.
that of a convent, monasterv or reliaious retreat to allow the Sisters to house up to suc unrelazad
individuais at the Property.
B. The Sisters
Founded in 1650 in Le Puy, France, ihe mission of the Sisters of St. 7oseph of Carondolet
is and has always been to provide mu,istry and perform service work to thosc in need in the
communities in which they live. The Sister6 have been carrying on this mission in Saint Paul
since I851. For more than 1S0 years, the Sisteis' Saiat Paul area mission and minisiry has
continued to grow. Today, the Sisters reach out to new immigrants, refugees, the sick, the
homeless, the abused, the poor and those seeldng to fmd their spnitual way in an ever-changing
world.
Several examples of the community service and ministry the Sisters grovide in the
•
Saint Paul area aze health care for ihe uninsured through Yhe St. Mazy's health clinics, safety and
assistance for battercd and abused women through Sarah's...an Oasis for Women, eldercare and
home care services for seniors and people rvith disabilities through Sisters Caze, edncation for
imxnigrants and the victims of violence and abuse through the SisYers �,eaming 3n Style Pragram,
spiritual growih for people of all ages, genders and faiihs throug}i Wisdom Ways, and leadership,
outreach and coaununity opportunities for young women through the St. Joseph �orker
Prograin.
The Sisters aze a canonicai order of the Catholic Church, and accordingly, the leadership
\ J
of the Sisters answers directly to the Pope of the Catholic Church rather than local bishops. The
Sisters are a non-profit organizarion.
2
6E/S0 3�Jtid S�dW Nt19a0W S99IaH + 4E�ST L00Z/0E/0Z
o�-3ly
C. The S� Joseph Worker Program
1. The Mission of the S� .�oseph Worker Program •
After many years of hard work and plannuig by the Sisters, the St. Joseph Worker
Program ("SJWP'� came into existence in 2002. The SJWP con�ists of young women who wish
to give back to the community. The mission of the S.TWP is to ixain and encourage women to be
leaders of sociai change in their communiTy, �he � vol�teer in a;;�ide var.'ety of azeas
throubhout the Saint Paul community, including but not limited to, health care for the homeless,
women and children who have becn the wlctims ofhuman txafficking, aietuns ef demesac absse,
programs for the elderly, dayeare for children of low-ineome pazcnts, immigcants, and eampus
2. The Tmportaace of Community Liviug
A key aspect of the S7VJP is Yhe community that develops amoz�g the women. The
women pray together and work rwith one �nother to prepare meals and tend to 21 of the •
household duties. The women aiso have a single budget for food and other necessities for the
housa. This communal living ailows the women to provide adc+ice, support and assistance to
each other as they volunteer in the Saint Paul communiiy aad experience growth in both their
personal lives and faith. The S]'WP community is essential to this growth and the development
of sirong aelationships among the women, Thcse relationships and experiences stay with the
women after they leave the S7WP and provide a solid foundation for them as they uve, work and
mave for social justice in their own communities.
In addition, the women do not receive any compensafion as the S7WP is salely volunteer
based. The Sistcrs prorride housing for the volunteers and a stipend of $100 per month to assist
'with personai and living expenses. V4rithout the housing provided by the Sisters, it would be
difficult, if not impossible, for the S7WP to continue. Since the SJWp's inceprion in 2002, the •
3
6E/90 39Cd S�dW NC92i0W 599I2lff + bE=ST LO�Z/0E/0Z
08
•
program has grown from three to seventeen volunteers. The seventeen volunteers consist of five
second year members and twelve first year memhers.
The five second year members are involved in variety of volunteer works including a
clean water project itt Kenya, Africa, assisCing immigrants in Bl Paso, Texas, human rights for
'women and an eco justice farm in the meizo azea. The Sisters currently house thc twelve first
year volunteers in rivo separate dr�eIlings in the I�vin Cities. Six of the first year volunteers
occupy a residence in the city of Minneapolis. The remaining six first year volunteers reside at
thc Property and aze the reason for this Application. The Sisters simply do not have the
resources to ranT additional housir�r for the $TWp volunteers.
TI- TT-�E TtEQC7TEt�.MEN'TS OF ZONTNG� COb� SEC. 61.106 ATiE MET
Sec. 61.016 of the Saint Paul zonang code ("zoning code") states that "[w]hen a spec'sfic
�
use is not listed in Yhe zoning code, the Zoning Administrator shall issue a statemant of
clarificarion, finding that the usc is or is not substantially simiIar in character and impact to a use
regulated herein." Pursuant to Sec. 65.272, convents, manasteries and religt'ous reri�eats are
permitted uses in residentiatly zoned districts such as the district in which the Property is located.
Sec. 61.t06 requires the Zoniug Administrator to make the foIlowing findings in determining
whether the Sisters' current use is similar to a use permitted by the zoning code:
(a) The use is similar in character to one or more oPthe principal uses permitted;
(b) The iraffic generated on such use is similar to one or more of the principal uses
permitted;
(c) The use is not &rst permitted in a less restrictive zoning district; and
(d) The use is consistettt �vith the comFreher,sive plan.
As required by Sec. 61.106, the Sisters submitted a formal request for a Determinafion of
Similar Usc to the Saint Paul Zoning Administrator {"Zoning Administrator'� on October 8,
2007. The Zoning Administrator issued its deYermination via letter dated October 18, 2007
� ("October 18 Deteimination") {attached hereto as L'xh9bit A for your convenience).
4
6s�ca 3�bd s�dw Nasaow s��iag +
bE�ST L90L/6E/9T
Lk4-3 f�f
The Zoning Adminisfrator denied the Sisters' request, buY in doing so detezmined that the
Sisters' current use of the Properfy meets three (3} of fha four (4) requirements set forth in
Sec. 61.1a6. Namety that the Sisters' current use:
(1) generstes simi2az traffic to one or more of the principal uses pemutted by the
zoni.ng code;
(2) is not permitted in a less restricfive zoning dis�ict; and
(3) is consistent with the comprehensive plan.
See October 18 Determination.
Importantly, the October 18 Determination contains no findings that the Sisters' c�*?�e�t
use of the Property fails to meet thc final requirement — that the Sisters' current use of the
Praperty is siurilar in chaacter to one or more of the principal uses permitted by the aoning
code. Id. Instead, the Octobet 18 betermination noted that the zoning code does not currently
provide adequate �uidance for the Zoning Administrator to detannine whether the Sisters'
current use is sufficieafly similar to the cuirent permitted uses. 1'd. Due to this lack of a idance,
the Zoaing Administrator directed the Sisters to submit this Determination of Similar �(7se
Applicafion. Id.
t1s set forth in detail below, the Sisters' currant use of the Property does indeed meet
each of the four requirements — irioluding fhe requirement that the Sisters' current use is sirnilaz
in character to a principal use pemutted by the zoning code.
A. The Sisters' Cnrrent Use of the Property is Subsfantially Sunilar in
Character` to tLat of a Conven Mon� or Reliaious Retreat as Set Forth
iu Zonimg Code Sec. 65.272.
Pursuant to Sec. 65.27Z of the zoning code, convents, monasteries and reli�ious retreats
are permitted uses in residentiallq zoned districts, such as disu�icts zoned R4, whett the use is
"associatad with a chutch, chapel, synagogue, Cemple or other sinnilar house of worship."
� J
�
LJ
.
5
6El80 3Jt1d S'IdW N179a0W S�J9Iafi + b6:Si L00Z/0E/0Z
�� 3 jy
The 5ainf Paul Legislative Code ("Legislative Code'� does not defina whaY constitutes a
LJ
conven monasterv or reliaous retreat. L7nder such circumstances, Sec. 2.18 of the Saint Paul
Legislative Coda requires that "[u]nless cleazly in conflict with definitions, context or provisions
of tlus Code, or for some other reason clearly inapplicable, definitions cstabIished for the State of
Minnesota by s[atute or case shail apply to the Saint Paul T,egislative Code." The Minnesota
Statutes do not cvntain a definition of " convent," " AIO11aSL2I;�' OT "I6I2�OLS IOLTBSL," �10WeV8S,
the Tvlinnesota Supreme Court has established a defini#ion of `4nonastery," and provided valuable
insight into the meaaing of "convent" as used in the zonin� code.
In City of Minneapolis x Church Zlniversal and TFiumphanY, thc Church Uni'versal and
•
•
Tr�umphant (°`Church'� purchased a residentially zoned parcel of property for use as a"teachin�
center" which included a monastery, convent, seminary, rectory, parsonage, parish house, and
space for religious retreats. 339 N. W.2d 880, 880-84 {Minn, 1983) (a copy of which is attached
hereto as ��ibrt � for convenicnce). Because the Chu�h placed great emphasis or. religious
communiry living, one of the buildings was to be used as a rcligious residence for members �f
the Church. Id. at 884.
The City of Minneapofis ("Cit�') brought an acrion for temporary injuncrion to prevent
thc Church &om using the property as a church, monastery, convent, parish house or relio ous
retreat. As part of its argumcnt against the Church's proposed uses, the City asserted that the
Church's use did nat meet the definition of `�onastery," attd thcrefore, constituted a violation of
the zoning oode. Id. at 886-87. In nrt� t� the Church's proposed uses were petmittcd under
the zoning code, the Court stated:
Respondents quite conectly point out that the contemporary meaaing of the words
`lnonastery" and "convenY' no longer necessarily indicates a reclusive lifestyle
even in the most traditional and established religions. Courts in many
jurisdicrions have recognized that rhrough the centuries the activities and pursuits
6E160 3�JCd S�dW NC9?��W S99I21H + bE�SL L09Z(0E10L
o�=���
of the occupants of convents, monasteries, parish houses and rectories have
changed to bring them in closer contact with the secular world. The issue of •
whether a lay ar dictionary definition as, opposed to a sociological, doctrinal
defuriuon applies to the land use plaaners' usage of the word "monastery" is a
question of law for this court. A11 three relieious experts at trial testified and the
trial court found that the residents of the Lake Hazriet property live monastic
lifestvles as exhihited bv a central reli�ous faith, an atiachment to an or�anized
church, shared livin� puazters and an ordered, disciplined Iifcstvle. t is '
dKfinition nf a monasterv that we herebY �dopt for interoretaHO� of the 2onin�
code•" 339 N.W.2d 880, 887 (Minn. 1983) (emphasis added) (fooIl�otes and
internal citations omitted).
PursuanC to the Court's definition and discussion in City of Minneapolis v. Church
Universal and 1Y�iumphant, thc Sisters' use of che Pronerty as housing foa the SJ W? voh.Lntse:s is
substantially sunilar in character to that of a convent or monastcrv. The women in the SJWP
- - ... .. -
Roman Catholic Church. Tn addition, a vitat component of the S7WP is the ordered, communai
living and the fellowship that it provides to the volunteels in the program as they grow hoth
personally and spiritually.
Additioaally, the Plamung Couunission has previously detormined that uses such as the
Sisters' current use of the Properry are substantially similaz to that of a religous retreat, and havc
altowed such uses in residentially zoned districts. (see attached documentation regarding Saint
Paul's Outreach attached hereto as Exhihit C). Tn reachiug tlus determination, the Planning
Commission found that although Saint Paul's Ou�each program members did not take fonnal
religious vows, they did '�articipate in a program which offers an ordered lifestyle of prayer,
study and fellowship with other persons•similazly situated and recognized by an organized
church" and that tIus was substantially similaz to a religious retreat as petmitted by Sec. 65.272
of the zoning code. Similazly, the S7WP volunteers do not take formal vows, but they do live in
a communal environmcnt and participate in an ordered lifestyle of pnyer and fellowship just as
•
the members of the St. Paui's Outreach program. .
7
6Ef0L 3�JCd S�dW NC9�OW 599IaH + 4E�51 L00Z/0E/0'C
o�-3�Y
Accordingly, the Sisters' use of the Property to house the STVJY voluntears is
•
substaniially similar to that of a convent or manastery as esiablished by the Minnesota Supreme
Court in Ciry ofMinneapolis v. Church Universal and Triumphant, and that of a religious reh�at
as established by the Saint Paul Planuing Comurission in the Saint Paul's Ou�each
determinafion.
B. The Trafftc Generated bp the Sisters' Current Use of the Property �s ciMj��r
to that Cenerateti by One fll ar More of the Frihcapa! Uses Perm#t��3 b; ��
Zot►ing Code
Siac women eurrentiy occupy the Properry and at no time will more than six SJWP
•
volunteers reside at the Property. The young women have a total of six vehicles at the S'roperty.
�Towever, two of the vehicles generally remain in the gazage and �o more generally zemain on
the off-street pazking pad as the S3WP volunteers walk or ride bicycle to work. briving is k�pt
to a minimum in order to promote the simple lifestyle the women aspire Yo and to protect the
enviranment. The womcn use the vehicles to drive to and from their volunteer assignments
wheri walking or bicyciing is not feasible, and for othcr standard residential trips such as
purchasing groceries and attending meetings. Due to the commuraal nature oP the S7WP, the
traffic generated by the women is similar to that which would be generated by a convent,
monastery or reli�ous retreat. In addition, convents and monasteries typically include more than
six residents, and therefore, have the potential for generating more traffic than the SJWP
volunteers.
Moreovar, the neighborhood in which the Property is locatad is populated with families.
.
In many instances, the traffic �enerated by the SJWP volunteers is less than that generated by the
a��g� �lY �� members going to and coixzing from work, bringing children to and
attending various church and school activities, visiting family and friends, and other necessary
residantial trips.
E
seitiz a�ed s�dw Ndsaow s��ras + be�5i ceearaeiet
bB 3 !�/
C. The Sisters' Curreut Use fs N'ot Permitted in a Less liestrictive Zoning
District
The zoning code does not contain a category for religious community living, and because
residency in a singlc family dwelling unit zaned for residential use is lunited to a maximum of
four (4) unrelated individuaIs, the Sisters' use of the Property as housing for the six S7FVP
volunteers is not permitted in a Iess restrictive zoning district.
The zonin� code dpes ailow ffioxe th� four u�*P�ate3 i::3ivi3�.�;s to resi�e i� a
`�oominghouse" which is permiited in less reshiotive zoning districfs, however, tl�� Sisters'
current use cannot be classified as a"roominghouse". In general, a`Yoominghouse" is a
dwelling unit within wluch individual rooms are leascd to indi�vidual tenants. ,See zoning code
Sec. 65.171. Specific characteri5tics of a`�oominghouse" include: (1j rental arrangements are
made on the basis of an individual room rather than on the basis of the entire dweIling unit;
(2) individuat rooms are equipped with telephones rvith exclusive telephone numbers;
{3} individual rooms aze equipped �vith sepazate intercom security devices; and (4) individual
rooms are assigned sepazate mailboxas for the receipt of U.S, mail. Id.
None of these characterisrics are found in the Sisters' current use of the Property. The
Sisters lease the enfire home as one dwelling unit from Mr. Brennan. The S7WP volunteers
residing at the Property share one telephome number and none of the moms are equipped with
sepatste intercoms. 7n addition, the young women all receiva their mail at the Property address —
1704 Palace Avenue, 3aint paul, Minnesota, 55105.
Moreover, the SJWP volunteers live as a family. The young women pray togethcr and
assist and support each oYher in their volunteer assignments. This feIIowship is a vital
component of the S7WP. In additian, the volunteers share meal preparation and daily household
n
�
•
E
6E/LS 39tid S�dW Ntt9210W 599Iafi + 4E:SI L00Z/0E/6'C
o�-��y
dufies, and drive together whenever possible. Perhaps most telling is that the young womett
, share a communal budget for the entire house.
Accordingly, because of the communal li'ving and shared responsibilities among the
STWP volunteers, the Sistcrs' current use of rhe Property does not meeY the definirion of a
`Yoominghouse," and therefora, is notpvrautted in a less restricrive zoning district.
D. The Sisters' Currenf T7se is Cons3steut Fvit� t;�e Czty's Comprrtee�si•�� bian
The properiy is located 'ut the Macalester-Groveland Community in the City of St. Paul.
The Macalester-Crmveland Comprehensive Plan recommends that the land in the community be
used to maintain and anhance thc residenrial chazacter of Macalester-Crroveland as a single
Pamily neighborkood with higher density housing in commercial clusters and alang bus routas.
While not a"famil}�' as defined by the zoning code, the six volunteers residing at the
Property interact and operate much the same as a family. The young women follow an ordered
• lifestyle in which meals and household choras are shared as generally occuzs in an average
fanuly. Because the woman use the vehicics as little as gossible, the noise and traffic impact on
the neighborhood is no more than that of an average family, and in fact may be muoh lass. The
virtue of l:vi�g simply adherad to by the women equates to fewer shopping trips attd other
errands necessitatin� a vehicle than that of the average faznily. In addition, whenever possible,
the young women share-the use of the vehicles which further reduces the impact on the
aeighborhood. The Property is not used in a commerciai manner in any respect, �or are any
public eve.nts held at the Property. Accordingly, housing the SJWP volunteers at the Pmperty is
consistent with the Macalester-Groveland Compsehensive plan objectives.
Snnilarly, the Sisters' current use of the Properiy is consistent with the City of Saint
Paul's Comprehensive Plan. Objective 5.2.1 of the Saint Paul Lartd Use subsection of the Saint
• Paul Comprehensive Plan states that "[i]n tTaditional neighborhoods, the City Will support
10
6E/Ei 3�Jt1d S"1dW Nd�J?JOW S�J�JI?1fi + bE�ST L00Z/6E/0L
0�-3��{
oompatible mixed use within single buildings and in separate buildings in close proximity." As
pre�viously noted, the ST4VP is substantially similar to a convent oz monastery which are mixed
uses pemutted by �iie zoning code in residentiaily zoned districts. Mox�over, the Sisters' current
mixed use of the Propexty is substantially similat to that of the average single famiiy and does
not adversely impaet tha noise or tra£fie lcvcls, or the residcntial character of the neighborhood.
III. Tt�QUEST�D RELIEF
As set forfh above, the Sisters current use of the pmperty located at 1704 Palace Avenue,
Saint �atu, 2vfinnesoCa 55105 is substantiaiiy sitr�ilar to nses germ:��c-3 �y the z�r.:ttg c�de :,f the
City of Saint Paul. Accozdingly, the Sisters respectfully request that tha Planning Commission
•
determine that the 5isters' current use o e p is su�i3ar�Ta
or zelieious retraat as set forth in zoning code Sec. 65_272, and therefore, issue a I?ete�mination
of Similar Use pemut for the Pmperty, and allow the Sisters to housa up to si�t unrelated
individuals at the Praperty.
If you have any questions or require additional information regarding the abova,
do not hesitate 4o contact me.,
BRTGGS AND MOTtGAN, p.A.
2200 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402
Teiephone: (612) 977-840Q
Facsimile: (612) 977-8650
iabrahamsonna, briges.com
ATTORNEY FOR SLSTERS OF ST. 70SEPH
OF CARONDOT.ET
2i00119vt
•
�
11
__ . . ..� ��.� .�Nnvn�.i ennrva + b£ �SZ L00Z/0Ef0t
W�aW
. 339 N.W.2d 880
339 N,W.Zd 880
(Cife as: 339 N.W.2d 880)
C
Clty of Minncapolis v. Church Universal and Tri-
umphant
Minn.,1983.
Supremc Coun ofMianesota.
C1TY OF MIIQI�'TsApOLTS, Plaissciff,
Lake Hazriet 12esidenis, Tntarvenois,
The CFT(7RCH iJNIVEF2SAT, AND TRT-
CJMPHANT, Tvlinneapolis/St. Paul Regian, Inc, et
al., Respondents.
PTos. C2-8Z-1333, CO-$2-1542.
Nov. 4, 1953.
i
.
c� �3 � �
page 2 of 13
Page 1
:
uses be termcd "similaz" uses in calculating pazki�
space requuements under zoning code.
Affirmed.
West Headnotes
(1) Amicus Curiae 27 �3
27 F.micus Cl�ziae
27k3 k Powers, gunctions, and Procecdings.
Most Citad Cases
.Aimcus cusa�e ma; nc* *2zsc iss.zes as � cor„IIta-
tionality of stahttary provision when such an issue
is not raised by psrties to action.
�2] Zuning and Plsnning 414 �'T90
414 Zoning and Planning
a147iT 5n£orcemcnt of Regulations
4I4XT(S) InjunctionAgainst Violation
414k790 k Trial, Judgment, and Ttelief.
Most Glred Cases
In zoning eaforccment accion, issuc of wherher lay
ot dicCionary definition as apposed to sociologicaI,
docuinal dafmition appued to land use planners' us-
sge of word `Ynonastery" was question of 3aw for
court.
(3j Zoning and Planning 414 �288
414 Zoning a:nd Plauniag
414 V Consnuotion, pperauon and Bffect
414V(C� Uses and Use Dislricts
414V(C)I In General
414kZ7g patticulax Te:ms and Uses
414k286 k School; Church; Col-
lege; Educationa11ns6tuGon. Most C7ted Cases
"Monastery," £or zoning purposes, means that ms-
idents of property live monastic life-style ss e:chib_
ited by central religiaus Yaith, attachment to organ-
ized ehurch, shared living quart�[s aa3 ordered, dis-
ciplined life-style.
(4J Zoning and Planning 414 a789
414 Zoning and Plat�ning
4143;I Enforcement of 12egu1atians
� ZQ�7'I'homsonf West. No Ciaim to Qrig. U.5. Crovt Works.
EXHIBYT $
:��://elibraries.westlaw.com/prindprintstream. aspx?sv=F� estlaw&vr=.,. 10f3/2007
C1ry brought actioa for temporary injuncaon to pre-
vcnt church from using property in residcntislIy
zaned neighborhood as chuich, monastcry, convcnt,
seminary, rectozy, paYSOnagc, parish house or reli-
gious rehent, and unincoiporated assoclalion of
neighborhood �sidenu intervened. �e Districs
Court, Henncpin County, Neil A. Riley, J, denied
motion, and city appealed. 11ie Suprcme Court,
Amd3h1, C.J., held that: (I) "monastcry," foz zon-
ing purposes, moans that residents of property Hve
monasric life-style as e�ch£6ited 6y cennal zeligious
faith, amchmcnt [o organized church, shared living
quarters and ordered, d'uciplined lifestyle; (2) fiud-
it� ihat church's "teactung eentc�' in residenriaily
zoned neighborhood was "mouastery" was suppor-
ted by suhstaz�rial cvidence; (3) finding that
ohurch's `4nonastic" uso of propeny w�
"accessory" mthez than 'principal" use aud thus
pecmissible under zoning code was supported bq
rubstantial evidence that residcatial use scrved cun-
venience and comfort of eburch; (4) zoning code
requiremrnts that chtuches provide minimum of tcn
off-saeot pazking spaccs or "anc pazking space for
each hventy scats in the main auditorlum *`"" and
one loading dock were sarisfied; and {5) while res-
idenrial use of pzoperty might resemble that of
dormitorics or rooming houses, spccial constitu-
tional implications invoked when monastery is
"accessory" to chuzch demanded that only religious
66/GT 3�Cd S�dW Nti9?10W Sh9IbH + bE�SI L00Z/0E/HT
68- �1 �f
339 N. W.Zd 880
339 N.W.2d 880
(Cite as: 339 N.W.Zd 880)
�
414XI(B) Tnjuncrion Agauut Violation
414K787 Weight and Sufficicncy of Evid-
cnce
414k789 k VioIatioa of Regulations.
Most G7ted Cases
Tn zoniag enforcemcnt acdon, finding that church's
"tcaching ccntcr" was "monastery" within meaning
of zoning ordiaance was supported by substantial
eY1d8IICe.
;gi Zon:,`cg a,..�'- P:ar�ing 4i4 �'P8?
414 Zoning and Planning
414XI Enfozccment of Ttog�lztio:s
41�X.^B) L Ag�;ust Vio;ation
414k787 Weight and Sl�'ficiency of Evid-
ClICG
41SKJ89 k. Violation of Regulations.
Finding U,at "monastid' use of church's property
was "acccsswy" rathu thaa `priucipal" nse witl�in
meaning of zoniag ordinsnce and thus pexmmissiblc
ia residenrial neigbboxhood was supported by sub-
s[antial evidcaco that ssic)anfial use served con-
veruence and comfott of church,
(6] Zouing and Planning 41A F�302
414 Zoning and platming
414V CoasCUCaon, Operarioa xnd Effec[
414V(C) Uses and Use Dis4icts
414V(C)2 Aoeessozy Uses and Buildin�
4I41s302 k Particular Accessozy Uses.
Most Cited Cazes
Measurements of IIoor space thar is devoted to
chapel, to chuzch adminishation, and w pazochial
sehool usagq and of size of congregation should
not be determinarive of whether monastic or educa-
flonal or commimity use of properry in resideniially
zoned neighborhood is "accessory" xather than
"priacipal" use of church property and thus a per_
missibte use.
[7j Znn3Ag and Planning 414 E�280
414 Zoning and Plsaning
414V Consuvction, Op�raaon and Effoct
414V(G� Uses and Use Districts
-__ -
spaCas or "one pazl-ing ypaca for each tweuty seats
in tha maiu audirorium ***" and one ioadiag dock
woze satisfied, notwithstanding absence of testi-
moay as to number of seats in oburcb's aaditorium.
[8] Zoniag snd planning 414 �3oz
414 Zoning smd Planniag
414V Conslntcrion, Operetion and Effect
414V(C) YTses and T7se Districts
414Y(�JZ Acccssory Uses and Buildings
4141,302 k Parliculat p,cocssoiy Uscs.
Most Cited Csses
Although residential use of churcfi properry may ra
semble tha[ of dormicories or rooming houses, spe-
cial constitutioaal mtp7ications invokod whcn mon-
astery is "accessory" to church demand ihat only
re&gious uses be termed "similaz" uses in oalculat-
iag puldng space requirements under zoning code.
*881 Syllabur by ths Court
1. Minneapolis Code of Ordinances sections
538.120(4) and 533.120(6)(k) permit both �adition-
a1 and non-¢aditional churches and their accessory
usos, such as convmts and mottsst,ezies, m ba loc-
aced in aa RI singte famiIy rosidensial disffict. But
the code contains no definiaon of the ta monas-
rery. We hercby adopt the eonrnmporary character-
ization of a monasuc lifestyle as $,at exhibi2ed by a
� 2007 Thamson/West No Ciaim to Or�g, U,S. Govt. Worlcs.
•
�
U
�
ttp://elibraties.westlaw.com/prinVpr;ntslream.aspx?sv=Fu11&prf3=HT'MT,E&fiz _topc&mt=Westlaw&vr=... IOl3l20Q7
Page 3 of 13
Page 2
414V(C)1 Tn General
414k27g pazticulaz Terms and Uses
414k280 k Au[omobile Service,
Gazages, and Parking Lots. Most GYred Cascs
Zontng and plapting 414 E�28S
414 Zoning aud PI An^i v
414V Coasaucaon, Operetion and Effect
414V(C) Uses and Use Districts
4;4V(�}iTn venerat
4I41'L7S Patticular Terms and Uses
414kL88 k Schoal• Church Col-
lcge; Educauonai Insarutian. Most Cited Ceses
GJ'nere maxunum of 37 individuals, including iesid-
eats, attended church services on church properry in
residenuai wne and six off-street parkiag spaccs
weie available on groperty, code zequicements that
6£!8t 3947d S'IdW NC9y0W 599I?JH + bE�SL L00Z/06/0L
f==-
� .
.
.
•
03-3ty
Paga 4 of 13
Page 3
Ordinancas sec[ion 522.40 (hcreinafrer Code). This
code seatioa limits [l�o occupancy of a.duplex
(whioh was the prior use of the buildiag) to *832
cwo family uaits unless the premiscs were pronerly
convemd to onc�r �n residcntial usc. The ciry
siso alleged the Church wu in violation of Min-
neapolis Code of Ordinances sections 538.120
tbrough 538.200 for not comglying with the pazking
or loading mquirements for a religious institUtion or
church. Rcspondent Church repliad tfiat tha Church
and oiher accessory uses of thc property were per-
mimd under Code sacrions 538.120(4) and
538.120(6)(k)•F"' Additionally, tha G'�urc� .1-
leged that it had substanrially complicd with the
off-street parking and loading requ'sements of the
Code. Thc �ia1 courc denied appellanYs motion for
a tcmporary injunctioa"T'=
FNl. The Church also claimcd that the m-
strictions sought to be enforced bp Yhe Ciry
and the "gzandfarhvR clausd' (Code sec-
6ons 532.20 and 532.30) excmptit� frum
compliance ehurches esizblished beforc Ju-
ly I9, 1963 whan thc now zoning code was
adopted axe unconsritutioaal as violations
of the Fust and Fousteenth ;lmendmonts to
che Unite3 Srztcs Consutution sud Article
I, Section 16 of the Minnosota Constitu-
tion. We note that such gcandfather clausos
have been upheld in the face of consrim-
fionsl attack since 1914. Srate v. Taubert,
726 Minn. 371, 148 N.W. 281 (1914),
fN2. 12espondent also movod for a tcmpor-
ar'Y injwction snd borh parties and in[er-
veaors subsequently mwed for suauuary
jud�nant. Alt motians were denicd.
tt� Tb� P�� ��e sl] stipulated to tha validity of
the Church within the meaning of tbe Minneapolis
Zoaing Code and the zccpguirion of the Churoh by
the United States Intcmal itevenue Service as a tax
exempt re]igious organization tuldcr section
501(c)(3) of t]ie Intemai Reveaue Code. The issuec
at �iai on tho City's moUon for a permanent injuno-
don werc litnited to whenc�r the occupancy of the
Cimrch property by more than twa family units
� 2007 Thomson/West. No Claim ca Orlg. U,S. Govt. Works.
ttp:iJelibraries.westlaw.com/printrprintstream, aspx?sv=Fu estlaw&vr—... 10/3/2007
339 N,W.2d S80
339 N.W.2d 880
{Cffe as: 339 N.'W.1d 880)
shezed rosidency, a cental roligious faith, an st-
tachment to an organized chtuch and an ordered,
disciplined way of life.
2. Since thc wde is worded in rhe disjunccive, the
broad mquiremenu of an "acccssory" as opposed to
a`�irincipal° uso aze fulfilled by tho doctrinal test
of whether tho monastic usc acrvcs thc purpose,
conveairnce and couifort of thc church building.
3. The Chur'r. Universsl snd 'tYituaphant is car-
rently in compliancc with the pazlong and loading
requuements nf Minn.Code of Ord sectioa
538.190(7)(a)(i), (ii) as to the church use of the
pzoperry. Any additional parldng for the monastery
usc that the zoning administrator dcams to be na-
cessary for the safery of the ncighborhood may be
Iocated on a separate zoniag lot uadcc secrion
522.¢0(4).
William C. Dunning, Asst. City Atty., Minneapolis,
for plasiafF.
John Ei. Hermaa, James A. Payne, Minncapol'zs, for
Intorvenors,
Christaphet B. Hunt, Roger A. Pecorson, Pecerson,
Engberg, Petersoa, Minnoapolis, for respondenu_
Owen P. Glessoa, �dea Prairie, for Mianasota Civil
Liberties Union, amicus ouriae.
T�eazd, consi�cd raid decidcd by the court en banc.
AMDAIiT,, Chief Iustice.
Ihis is s case of fust impression. The City of Min-
neapolis oxiginallq commenced this zoni� action
in the form of a mocion foz a icmporaty injun.crion
pursuant to Minnesota Statuus pnnoffited sectioa
462.362 (West Supp.1983) to grevenc respondrnt
Church Universal and Triumphaut (Church) &om
usix� the premises at 4551-55 East Lakc Harriet
Pazkway as a church, monastery, wnvent, semin-
ary, rectory, parsonage, parish house or religious
reanax Lake Tia:siec Residents, an unincorporated
assooiarion of residents ]iving itt the neighborhood
af the Church, intavened as piainuff.
The City allegod that ihc properry was zoned as an
RT single family residentia] dictriet and that the
C6uzch was in violarion of ivIinncapolls Code of
6Ef6T 3JCd S�dW Nti�JbOW 599I?�ff + DE�SI LB0ZI0E/0Z
�s �1y
339 N.W.2d 880
339 N.'W.2d 880
(Cite as: 339 N.W.2d 880)
�--_
�
quaI�ed as a use "sccessory" to the churcfi use snd
whether thc Church wac ia violarioa of the parkiag
and loading requircmenu of Code sections 538.120
tbroagh 538.200.'''s
FIJ3. Prioz to the hial oa tbe merits of the
per�aaacnt injuncsion, the trial court had
determiaed that the zoning regulations iu
question were constitutional on their face
snd as applicd to ciuuchos in genaai.
These issaes Evere nox add:essed on appeal
by tha city, the intervenots or tha Churoh.
The Minnesota Civi2 Ltberaes Uniou,
which participatVd at riial and in this ap-
peai as F+micus tiriac, did atfaek ehe eon-
stitutioaelity of the ordiaances. But flia
mle in NLinnesota is that amicus ctuiae
may not nise issues as to �h� coasriturion-
issuc is not raiscd hy the paraes to the ac-
rion. Stata v. Applebaums Food Markets,
lrrc., Z59 Mtna. 2Q9, 216, t05 N.W.2d 396,
901(1960).
After aial the court held:
(1) chat the Church uses the subject property as a
chumh, monastery and reorory;
(2) that the church use is a gcrcnitted use and the
monastay and rectory uses are permitted
"acccssory" uscs in an 1tI zoned disuict;
(3) that the Church is 3n Substantiel compliance
�'ith the parldng and Ioad'mg requireinona of thv
Code and rhat absoluto compliance with the Ioading
provision of thc Code wou]d czcate an uadve bur-
den on defendants, destroy the aesthetics of the
proparty and produce no bonefit to the svrrouzidin;
proPcrty owaers.
The trial court rnled that if the Chuzch should re.
quire additional parking spaces in the futuze, thosc
spsccs couid bo locaud within reasonable walking
distance of the subject gmpetty. T'he requcst far a
permanait injunciion agaimst thc Chutch's use of
� P=QP�S' �'as denial. The City was ordered to
issue a1I pccxnits neccssazy co the reaognirion of the
PlaPertY as a pamitted chureh, monastcry and ract-
oYy. The d'uuict court, however, retained jurisdio-
r .
Page 5 of 13
Fage 4
tion over auy fiuurc diaputos that might arise
between the parties concexaing the provision of ad�
ditionai gazking spaces.
Thc Cyty of MmneapoIis and the iatervcnors, thc
Take Fiarriet Residents, appeal fivm the Order
denying Injunetive Relief and the Order for 7udg-
msut eniered in favor of rha defen@ant Chvrch Uoi•
versaI *883 and Triumphsat on Septeazbct 15,
I982. We I�eccby affirm�''°
FN4. Respondents raised the axgument that
tfie code was enforced seainst this Chuich
in particular in such a discziminatory or se-
iective manner as to be violative of the
constitutional guarantees of equal protec-
tion and freednm of religipn. (�iach mcm_
bets produced evidenec of 31 chuxches
bc iu violatioa of the zonuig ardinsnces
but which have not been tazgeted for vigor-
ous enforccment efforrs. The ciry disputes
the contenrion that rhese othu churches are
similarly situaSad in thai most weie g[and-
fathhered into tfie new code requizemenis
and insSsts that when oYher churches have
violatel occugaacy sraadards, enfexcement
acrions have been mitiated a ine fhem.
Respondents bave contended ihat nevh-
boihood fcazs about the �xistenoe of a
"cutY' at the Lake FTarrict residence and
misconceprioas aboui tl�e sctivitias of
Chvrch membars l�ave p[omptcd the city's
�f3'oxts in �is case. Appellants admit that
seme ncighborfiood reside�s have eX-
pressed suoh fears aad misconcaptions but
insisf that tha majority of the intcrvenor-Les-
iden[s am rnily comcemed about parking,
ovor-oecupsncy and thc delettxious effect
upon ihc resideatiai oharacter of the aeigh-
bnrhood
Siace we affirm ihe holding af the hial
cour[ on the basis of our intecpretation of
thc Ianguage of ihe zoaiag ordinance, we
need not address the quesdon of whether
the ozdinaacc was applied in tbis case in a
discrtminatory manner.
� 200� Thomsoa/West. No Claim to Oriq, tJ.S. Govr. Works.
•
CJ
�
lp://elibraries.weszla�.com/prindprintstream.aspx?sv=FliIl&prft=HTMLE&fn= top&mt=Westlaw&vr—... 10/3/2007
6£/0Z 39Cd S'1dW NC�J21�W S�J9I�iH + bE=St L00L/0E/0L
9
•
CJ
.
Q� � �`-f
_ Page 6 of 13
Page 5
(a) In addition to the minimum lot arca requiremont
and except as provided in (b) 6elow, pazidng re-
quirements shall be as follows:
(i) Ten (10) pazldng spaccs, or
(ri) One parking space for each twenty (ZO) seats in
the maiu auditorium plus any roomc which can bc
added to the maia auditacivai by opening of doors
and/oz wiadows so as to obtain both audio and visu-
al unity with said main auditoriuz� wlrichevor is
geafer.
(b) COnven�s, semittaries, monasreries, nunneries,
rectories, gusonagas, parigh *'&84 houses and mli-
gious *elea!s-?�k:.*ig sgzcos 5''�a'.1 �e g;c:;ded tr.
adeguare number, as deteiminad by the wning ad-
minisrrator, to serve persons employcd or residiag
on the pxearises, as well as the visiriag public,
based on standards inco�orated in thc zonin�v code
for similaz uses.
(emphasis addcd)
dn addition, Code section 536.200 pcovides that re-
tigiou5 i�saruaons �onrd;ning iq 000 square fcct of
gross floor arca or more must provide one off-suoet
loading bcrth, Section 538.9Q defwes a loading
benh es a large parking space 10 feet w+idc by 25
feot in les,gth which cauld acoommodate a largc
vthicle such as a huck.
A. beserigrion of the Church
The Chumh t7niversal and Triumphent is a world-
wide organizatioa, founded in 1955 iu Washingtou,
D.C. by Mark L, prophet. The Church operxtes a
religious seminary, Sucnurit TJnivexsity (established
ia 1973}, on a 2Ia-acre collage eampus in Los
Angeles, Califoraia. Montcssori Intomafional, a
p.rivate school fouiyded by the Churh, is also loa
ated pn the caznpus, As part of iis worldwide min-
istry, the �ch sponsan the opecation of braneh
churches known as Church t7nivezsal and Tri-
umphant Commun'sry Tcaching cwters. The branch
at 4551 East Lake T�arriet Parkway is the subject of
this appeal, The Cfiuch has beea modeled afrer the
euly Essene and Cluisoan eommunities and places
�cat empl�asis upon mligious community living,
Each teaching center has a rcligious residencm dir-
Cd 2007 ThomsonlWest, No Ctaim to Orig. ij.S. QQVf. Works.
ftp://elibraries, westlaw.com/print/printstream, as gx?sv = b 1 i 11 &prft=�TTMLE&Cn=_top&mt=V4restlaw&vr—... 1013/2007
339 N.W.2d 8S0
339 N.W,2d 880
(Clte as: 339IV.W.Zd 880)
Minneapotis Code of O:dinances sation 538.120
lists the uses ihat ara pemtitted in an Rl, single-
family residential, disuict. Thc pemuned uses in-
clude:
(4) �eligious institurions as follows:
{a) Cnurcbes, chapels, icmples and synagogues,
(� Access�y uses-Tncidental to and on the s�TM�P
zoning ]ot as the principal use as follows
"' ` " (k) Convents, seminarics, monastexios and
nwu,eries; rectories, pazsonagas end p¢risn houscs;
religious re�eat� when accessory to a church,
ohapel, temple or synagogue. (emphasis addedj
Section 522,40 defines the meaning of an
"accessory" building or use under the zo,ring code
as follows:
Accersory butldurg vr use. A building or use which:
(1) is su6ordinate tn az�d serves the principal build-
ing or princigal use,
(2) Is subordinate in area, extent or purpose to xhc
principal building or principal use served,
(3) ContribuTes to the comfort, convenience or ne-
cessity of occupanta of the principsl building or
principal use served, and
(4} Ts located on the satne zoning lot as thc princip-
s1 building az prinzigal use served, with the sircgle
exceprion of such aocessory off-street parkittg facil-
lries cu pre permit[ed to locate eisewhere than on
the same zoning lor with rhe bieiCding or use served.
(emphasis added). .qA eaccemgiyty tist of aceessory
uses follows this drfiniuon in the Codc but thc list
is c°plicitiy described as not 6eing exclusbc.
The orhet relevant provision of the zoting ardin-
ance is Coda sacuon 540.440, which dcscnbes [ho
principal permitted uses of the huher densiry Bi-1
District. This district pemvts all religious i¢stitu_
aons alIowed in RI disuicts but applies to convenrs,
seminaries and monasteriec whett thcy are principai
ra[her than accessory uses.
The off-street parking raquircmenu for rehgiou ia-
sriturioas and rheir accessoty uses allowed in thc
Rl bvsirict ara delincated 'm Code section 538.190
as follows:
{7).Re/rgtous institutio�rs.
6E/tL 39tid S�dW Nti�Ja�W S�J9IaH + tE;St L00L19El9'C
�D�-� f y
334 N.W.2d $$0
339 N.W.2d S80
(Cite a:: 3391V.W1d S80j
Y .,
ectiy associated with it. The Lakc Hamet teaching
cencer is a noa profit corporafion under the laws of
the Stau of Minnesota.
The subject property is a lazge stone maanssion of
17,000 squaxe feet overloddng T,ake r3arciet aad
wss used as a duplex priox Yo the adoption of the
cmrent zoning code. Tu current zoaing shtu9 is as a
permissibla non-eonforming duplex use undez tha
"grandtati�er�' provision of rhe ordinance. ?ha fust
uoor oP the home contains a sanctuary, public rc-
copuon azea, bookstore and administrative of5ces.
Theso areas arc used by dia non-resideat uubiic
mcmbezs of the Chutch and also by the residenca
for private devotions, far admiaistration and for
haining puzposes. There are also two private resid-
cnrial rooma on the first floor and two gazages used
exclusivcly by the residents. On the second IIoor,
and dining azea used primazily to prepare meaLs for
the residents but also for commnnal meals for aon-
resideats; and a librsry and chijdrea's ptaytoom
usad by both non-resideuts and resideat ehucch
membexs, 'I'he home conrnins a mtal of 13 bcd-
rooms snd nine batbs. The basemenc contains stor-
age, laundry aad heating sceas and an audio-visual
eentc7 whicB atso serves both re�idencs and non-
xesidents.
Af the rimc of trial theze wcre 19 adults and tFssec
cLildren residiyq at the suhject properry, Four of
tha adults wete meaied eouples. Some of the uu-
aurriod resideuts wem malo and somc weIe female.
Th� Church birectoc, A2r, Conaor, tes�ed that the
numbcr of residems eould increese to 35 and that
the upper Imtit mould be imposed by the safety aad
health requiienients of the rosidents. As of [he date
of nisl, 13 fo:mer residrnts had lefi the prapecty.
Each had resided thac for varyiug periods rypgiug
in lrng[h from rvvo to' eight months. AR 13 foxmer
residenes remained mcmbers of the Chiuch, ��
community raldenqa7 e)ement is considered to be
one of the cssential elemenu of the mission of the
C��u'a6. RcsideaEs ase uained w be Iay ministets.
The acfivity of each ceater revolves around dsily
ohurch se�viees, prayei sessions and mlated church-
sponsored acfivities.
�
•
Page 7 of 13
Page 6
1he center couducts six public zcligir,us services
per week af the subjcct groperty. Tn addirion, pxayer
services aze held, anaiogous to those held by monks
or nuns in *885 monastaries and convents, [hat aze
not actended by the publio. haily devorioas are con-
sid�ed a fundamental practice. Ordaiacd ministers
conduc2 church religious services aud adxniaister
£ormat chucch sauezaenrs. I,ay zninistccs aiso servc
in limited ministerial functions. Beiween 30 sad 40
membexs of the Chiuch who do not reside at the
subjut properry ro¢tircely artend the public ser- vices.
Ihe SRBI CO�Y*i fnn11C� YL�2S r6TS0� :C �� a: 'We
subjxr property live monsstir 7i£esryles, that is, an
ardered existcnce, subject to specific discip7ines.
However, residents hold jobs or attend schools in
the community and parlicipate in communiry life.
Tnus they aze not clois[cted from the e7:ternal
automobiles which they vse daily. Up to appzarcim_
ately 12 additianal automobiles at a tiwe have bcen
parkcd m the viciniry by non-xesident church mom-
bexs atteadixtg thc public eervicas,
There aze cuuendy six o{f-skeet par '}�,a spaces
(including a 4-caz gamge) behind the building and
them is :oocti on �i.e properry for cwo more apaccs
but oaly by means of the remavat of a great deal of
landscaping.
B. Sequence afBven�r
On or about Jane 15, 1981, xnembers of the Church
met with the Supervisor of the Minncapotis Zoaing
Snformation Offce, William Nordmm� aad in_
formcd him of their iatenAon to purchasc tfie sub-
)ecrt pmPezg' and use it as both a church and a ces-
idence fox a aumbar of "sta8' persons". Mz.
Nordmm suggestad fhey seok to have the pzaperty
rezoned to R4-a zone in wlrich rooming houses azo
Pe1�Y�� M�'. Nordrnm iadicated that while
` wer� permifud in RI zones, dcfendants
would aeed to obiain a building pemut ellowing
thcm to change the use of che subject property from
a duplex ro a church. Mr. Dioidnnn also indieated
that the prop�rty would hsve ta be inspectcd to de-
� 2007 Thomsob/West No Claim w prig, U.S. Govc. Works.
.
C�
ttp://elibraries.westlaw.com/print/printstream.aspx?sv=Ftzll&prft=FTTMI,E&fn `top&mt=Westiaw&vr=... 10�3/Z00�
6E/ZZ 39Cd 5'IdW Nti9?JOW S99I?JH + 4E�S'[ L00Z/0E/0Z
�- -
•
C�
339 N.W.2d 88Q
339 N.W.2d 880
(Cite as: 339 N.W.2d 884)
tcrmina floor-load adequacy and that off-suect
parking spaces and a loading area would have to bc
provided.
No menrion of a monassezy or rectory usc of the
proper[y was made at that time. Mr. Nordtvm as-
sumed that a rooming housz was to be the prodom-
inant use. Sevexal dayx later Mr. Nordrum met with
dafeadanu agaia and completed a rezonitLg petirion,
advising defendants that the coasent of two zhirds
o; ;he ae'�,vnboring zesidcnts wituia iG0 fcct of tue
church would be requind for a rezoning under Min-
nesota Sfatutes Annotated section 462.357, subd. 5.
(Wast Supp.1383).
The Chuich zepresantarives thcn Ye�2aained an attor-
ney who advised them that churches were peimiitted
uses in an RI distr�ct and tBst manasteries were
permitted accessory uses. The applicaIIOn for
rezoning was naver submitted and the propeaiy was
purchased on September 15, 1981 with no rezoning
contingency writtcn inm the purchaso agreement.
Tn :eaction to scveral complaiuts from nrighbors
and an aldem�an, an inspector &om the City of
Minnespofis Housing Dcpartment, Andmw Eiiis,
inspecced the properry on September 15, the day the
Church members toal: oocupancy, and again fhree
days latcr. Revercnd T�mg, rhe direecor of the
Chru-ch at the timq subsequently informed Mr, Ellis
thec rhe subject property mas to be used as a efiurch
and was tu have monasiery and rectory uses as
wcll. Noncthcless, che Ciry wiihin the spaco of less
than a month issued thtec notiees of zoning viola-
tions. The first was for ovaroccupancy and requized
tYiat the buiiding either bc revertcd back to its pe:-
mittrd duplcx occupancy or thst ptaus and permi[s
be su6mitted to oonvert ik The secoad notice was
for rubbisb accumulation.�+s '(he third noticc con-
cemed rogiaaation of the building as a*88b leaout
duplex sincc the City recognizcd the Chucch as the
owner of the property but not ae using the huildaag
itseif as a church."T Eaoh notice specificd a
30-day period for abatement.
fiNS. This nodco was abated on Ootober
16, ]981. The ciry housing mepoctor ad-
�
�_
� Page8of13
Page 7
mitted that ihe rubbish could have becn 1eft
by the former tenants who had vacated the
premises on Sepzember 30, 1481. Tne no-
rice was prompted by a complaint that day
from a neichbor aho was actending a meec-
ing of n�crous residencc and uty o�- cials.
FN6. The trial judga found that ao roomc
were rented to any person at the subject
ProP�l'�
On October 27, 1981 s meeaag was held, at tho in-
stanoe of responden�, batween city officia]s end
chuxch cepresentatives. The Church iepiesentauves
agreed to rctsin attd s¢bsequenriy did re�ain an ar-
chitcct wLo would work with City officials to ss-
sure that the subject propeaty would confom7 to
safety and health regulaaons and to outline possible
pazlring alternaYivcs. Written oonfirmation of this
fact was scat to the City by the Church ahomey on
October 29,1981.
1Towaver, on Octobor 28, 1951, Mr. Iacobs, Dimct-
or of Inspecrions and Zoning Adminisirator for the
C�ty of Mumeapolis wrote to the GSty rlttomey re-
quesring Chat he initiate legal procaedings against
the Church
Past practica of thc zoning daparnnent has gener-
ally bxu to try co conciliacc any disputes, to woik
with the subject property owners ro try to conform
with thn code requirements and to hold compliance
ordcrs in abeyance whon the parties aze willing to
try to solve the problem. 'Ihere is no evidence tl�at
the CLurch membezs do not intcnd to cooperate
wtith rhe zoting officiats in ensuring that thcir prop-
erry meets chc basic requiremcnts of the Code.
Howeva, if we acccpt the trial judge's findings that
the subject pxopetty is bcing used principally as a
church and accessorily, as a monastery, tklen the na
rice of Code violatSons for overoccupanoy and re-
gistratlon ss a Ict�out duplcx cannot scand. There
are no municipal limifs on the num6er of people a]-
lowo3 to attand any type of church whetha tmdi-
rional or non-traditional or to reside in a monasury
except t6nse limics irnposed by the nguirernents of
� 2007 ThoassantWcst No Claim co Qrig, TJ.S. Govi. Wo1ks.
[tp:1/elibraries.w�stlaw,com/print/printsiream.aspx?sv=Fu118cprf�-=HTMLE&fn =top&mt=Wesdaw&vr-... 10/3I2007
66IEZ 3�JCd s�dw Ne�aow s��iae + bE�Si L00L/0E/0'[
�'�' �
339 N.W .2d 880
339 N.W.2d 880
{Cite as; 339 N.W.2d 880)
�- �=
be��' �d 9��ty The C7ty has noc alleged any such
violatioas. The Code cIeazly p�t6 boih �g�jrip
a! and non-2adiuonal churches alike to establish
aad ruaintaia accessory xnoaasteries and convenrs
`vlTlun an Rl district. See Ivlinn,Code of Ord. §§
538.120(4); 5 38.120(6�(k� (1976).
The ccux of [he disp�te berwecn the Chvrch, the
��" � �e �e Hazriot residenu revolves azound
the iate�etzaQU �: ;�z term "monastcry'• as it is
used in d�e ordinance� �t ise,:e. 'ilie �,y �es ti�st
this cuvrt should 5nd the reaching centor does not
quatify as a monsstcry imdcr the Coda. Altomat-
?vely *?�e ci,y �;,�e3 �at, if the bu�Tding ie found
to be a hwnastCr�' i� 3,cc :s a`�rjnciPgi" not an
"ucessory" �� � y�ce aot permitred iu an Rl
district.
APPellants admit that tho
---- -.°.•,`• p`�P�Y maY be a'�onastic" usc in
sceiological terau as e�y�b2ished by chree of re.
spondenu' e7cpert wi�esses at trial. But appallants
coatend t}�et a di�'{ertnt deSxuuon of �
li� W8s eavisioncd ����
drafring t$e zo ' ��e ]and-use plaanc� in
�B codc. Appcllants wisk [o appiy
the lay and Webster's dicrioayry a;eanit�s of a
s `�est�Y" as a"house of religious reriremeat or
�n finm rhe wodd for persons tmder roli-
$ions vows.» SimilyrlY� appellants would apply the
Websms�s definition of "convenY' aa "an assoei,
avon or cox�ry of ruluses devoud ro a reli-
giws life under a superior. a body of monks, friars
or nuns coactitu4ng one local coawiunity *• Y»
� az'8�°nt eoncludes with the asserpoA rhat the
commoa and dicrionary undetsiandin of
P�� or soli d be a corzuauniry cl�acac0.�rized�
3' tariuess, and by seclusion g� �
world at ]argc. Appetlants then azg�e ibat fhis is the
maeaYng necessarilY incaiporated intp the zoainS
�ode which, according to their P�ePkons, Per�ts
monastery nses in tha most resuicted residential
distric� oatY if they confarm to tiie goals of "low
PoPulation dmeity, laige yar�, lihle aaf5c snd
Wose ne'vabborhood*S87 reladonships." Wlirn mon-
"useaceesso� a•�cipal" use, as opposed ta a
must ba plac d� a church, appcIlauts utBe they
81-I zoae bacause thry place
�_
Page 9 0�
Yage 8
too great a burdcn on the zcsidcntisi aeig�borhood.
The test of princqpal ve�s�S accessory use thcn bc-
comes onc of calculatirLg �� "��, extent or pur_
pose" m wfiich the various portions of the property
azc comtnitfed for the res=dential use re7ative to the
azca devoted to the �hy�h �e.
t� �P°'�nts quite correcUy point out that tl�
� t "conv eY' �y�& of tne wo:ds "taonastery"
clusive lifesryle evcn ia tfie �tr��ei naI aud es_
tahlished religions. Coutts in manY jurisdietionc
:eco��, iyed rhar thrncgh tho ccnnuies thc
activiries and pu� �� �e occupants o£ convents,
monastcrIes, Patisfi hwsa azid reetWias have
S e � az �� �� tbam in closer contacf wirh the
3ee Diakonian Soclety v. Glry oj
Chteago ZonPngBoard o ,g
4 n, • r`r at� � f PPeuls, ZO TU.Dec. 63a
ation far Educadorral� me d �� �t I y� $ �'� soai �
533 S.W.2d 579 p �ard,
lay or diccio �0.1976). The issua of wherhei a
�' ��� as opposed m a soGOlo-
Bual, docttinsl definiAOn apg�e m the Iand use
Plannen' usage of the wa73 ����,•. �s a ques-
hon of Iaw for this taurt. p ll�� �jigious caperes
at trisI testified and the �ial court £ou.�d that the
rnsidenzs of thc Lake Hamet proPerty live awnastic
R �Yles as e�bited 6y a cen�ai leligiovs faith,
ttaeliment to en arga�Cd church, shared living
� 4��s and au oidared, dis�ip2�ed tifestyle. If is
�d�tion of a monastery t}�at we hereby adopt
ipreta4°n of the zoaiag code.
FN7. TLe city cIeims that
nanue of rho residcnc of ch � transiwt
end the combinagon oF both sexes
same iesidence prectudes a 5ndix�
` use. We do not 1mow, nor do
o f �� css u to the typical lengtfi
nnns reside g �� '�d� �o� y�
��1h t�leii conventb Or IIipII•
ascerias. Tl�is guestton and rhe (ack of a
gender 1 'vnitation upon the rrs are
doc�i ���s �at are noc dcten�a
of the cl ��te�ation of tbe use of tt�e
buitding for zoning P�Poses.
� 2001 T 'hom�o�est. No C1aim ro pry. U �oYrt. �or�.
/elibraij es, wesUaw, co
�Plinc/printstream.aspx?sv=Fu11&prft=TiTMLB&fii= toP�mt=WP��,.,...a.
6E/bZ 39Cd S�dW Nd92l�W S99I21g + bE=5i LHOZf@E/BI
u
•
u
r.=
�
•
C�
339 N.W.2d 880
339 N.W.2d S8Q
(Cite as: 339 N.W_2d 880)
[4] In 1979, the Minnesora Supreme Court delin-
eated iu scope of review in zoning matters, In
NorrRw¢stern College v. Ciry of rlyden fi'Ylls, 281
N.WZd 865 (Minn.1979) the court ropeated tfiat `Yt
is our fimcvon to make an indeprndent examination
o£ an administcstivo agencYs record and decision
sad szrive ac oia own conclusions as to the propzi-
ety of that deurmination without accocdi� aay
specisl deference fi tha same review ooaducted by
cne rrial couri.° id. at 36$ (quoring Reserve Mining
�o. v. � rbsg 255 Fd.u'.Zd 305, 822 (SvI�nn.i477)j.
The court then declared that the samo scape is ap-
propriate in revicu+ing the wning decisions of local
govemiqv, bodies. Id. Ta our review of the iecord
�e conciude thst tha finding $tat thc Church Uni-
vcrsal and Triumphant Teaching Center cottfonns
to ttris definition is a findiag of fact wlrich was sup-
ported by subsmntial evidcnce at trial. �
FN8. Prezcquisites to living at the propecty
mclude the foIlowing:
a. Artcndauce at Sammit Univexsity, a
chtuch-sponsorod seminary located in
Califotnia;
b. Ac�owledgment of a firm belief in the
:eacSings of 't,-e Church; •
c. Complefion of a detailed application;
d Appioval of thc apglicant by cfie local
Chu:ch birector and the national Church
BoaTd of'I]usteos;
e. Execution of a vow of service by which
the applicant underiakos a commitment to
tUc Chuzch and agrees to abide by various
personai and community gtideli.us and
disciplines; and
f. Periodic review of each mcmhei s com-
mitment by die Churdl and the member.
[5] Appellants ncxt assert ihat aven if the use af the
T.a1ce Harriet properry is chatactaized as
"monasrid' that uae is sall not pcmiitted in an Rl
residenrial neighborhood because it is a"prineipai"
not a"suboxdinate" use. We disagrea.
Appellants' argumeat thst therc is no "dockinal
compulsion" and no "authentic *838 religious ne-
eossiry' fot the chuteh and monastery to function
� --
�—
D&�t�t
Page 10 of 13
Page 9
togerhu mvst fail bccause thc zoning codc incor-
poiates no such test. The Ianguaga of the code is set
forth in the disjunctive and zeads very bioadly; co
bs acccssory a building or use must coniribute to
the cotnfort, convenience or neccssify of the
church l�Iinn.Code of Otd. § 522.4�{3) (197�.
There was substantisl evidencc at hia] that the r�s-
ideurial vse served the coaveniencc and eomfort of
ihe church.
ina Cuurcn Universal and Triumphant does nrn
contest the evidrnco adduccd at [rial that a large
and nerhaps eaual porlion of +.he L�kke FL�*ict �si�?-
encc is used for residential puiposes. But resnond-
cnt accuraeely points out that dris code requiremeut
is also written in thc disjuacavc; to be accessory a
use must also be suhordinaca in aiea, er.tent or pur-
pose to the church use. The faetusl evidenee at trial
substantielly supponed the conclnsion tliat the pun
pose of the moaastery is to assist tfic tcaching mis-
sion of the individual church.
[6] Thc majoz issuo then as perceived by the pzrties
is the legal determinarion of which measuring rod
should apply; a numericai test whieh counis num-
bas of zooms and occapants and time spant in
church oc Monssric aetivities or a docainal test of
seivice of puzpose. The floor spece, in a uaditioaa]
church, that rs devoced to a chapel, [o church ad-
miniscration and to parochial school usaga varies
widcly depending on ihe particulaz denomination
�nd tfie mlative maturity of che chuzch The sarne
can be said for measuri�g the size of ihe con�ega_
tion. Such moasurements should not be determinat-
ive in decidiug if a monasric or an educational or
community use is an "accessory" pr "principal"
use. We thetefore uphold the sociological, docf:inal
posiaott advanced b}� respondents and the trial coarc,
The two main cases reliad on by respondents and
appellant arc Hansrah v. Zoning Boar�! ojAppea7s,
177 Coan. 440, 41S �.2d 82 (1979), and Associ-
arion for Pducational Developmenr v. H¢yw¢rd,
533 S.W.2d 579 (Mo,i976), r�,speorively. In n''rry_
ward sev�� membets .of the Catholio ppus Dei
Socicry wcre sharing a sSngle fauuly residence,
m 20a7 T'homson�TJes�. No Claim to Orig. U.S. Gov[. Works.
'.tp:/(elihrazies.westlaw.com/print/printstream,aspx?sv=Fu11&prft=�3TMLE&fn=_top&mt= Westlaw8evr=,,. 10/3/2007
sersz 3�ad s�dw Na�aow s��iaa + be�st LOezieEiai
1
n j ' - Page 11 of 1
V � — c3 ! � �. ~ £ ��
339 N.W.2d 380
339 N.W.2d 880
(Clte as: 3391V.W,Zd 880)
ieading an ordered lifo and pardcipating iu daity
worship on the pramises. The couir held that the
men werc not usir�G the rasidwce as a monastery o:
churoh or convent brcavse thcy �vcre taymen, ttot
clergymen; their religious miuistsy was an avoca-
g°n mtfia' thau s"regulaz aud pzimery vocation."
Hayward, 533 S.W,2Q at 585. 8ut the Musouri
coUrt CBrefully distinguished this case frotn oae in-
volving a church wiuch offcred religious scrviccs to
the public; "Thc Temple Israel case ca�,er:vd a
church and rel�ious school. The instattt ca:e in_
volves neirher and rherefore Temple Israel is not
conaolling hero." ld. at 587, citing Congregational
Temnle Israel r. �'cry �r �.QVe �cewr, 32C S.tv.id
451 (Mo.1959). The court furthez staced; `ryJ� be-
lievc it is irnpotYant at this pnint [o note that xhe use
sought to be made of this resideace by respondenis
is aot a nse nacessarily incidcntal to thzt of a
church' '� �. Id at 587.
Thc Xavurah court npheld the right of a synagogue
located in a large residential home to provide
overnight accommodations ro ifs membezs duru,g
holidays whea a religious ban oa havel was in ef-
fect• Thc decision that sueh use constimted a per_
missible "aecessoxy use" was based vpoa co�idence
adduced at �ia] and uncontrovuted, that ovanight
aecommoda�;on was aa essential r�ligiovs prectico,
The aial court bad fouAd tha[ °[c]eah�al ro this kind
of religious oommuniry is tne concept of shared
brue, duzing which the mpnbets come and remain
togcther to aarship in a variety of waS'S, P�Y�,
studying, cclebrating religious festivats, and pzepaz_
ing meals aceording to religious laws." 177 Cona.
at 449, 418 q.2d at 87.
S�1�IY. �.a uial court found that chc residentia!
use of the Iske Haaiet pzoperty ass an
° accessory „ usc bccause the ocCUpancy of tha sub-
jecr proAerry as s monastery*889 fuxihers fl�e pur_
poses of ihe church 3n eYts�,ding I� ���}� �d
minisiry to the community. The monestery serves
the canvenience of the church bp a �
screening memben f� f�nre leadenhip,n��
This sraadard rs obviously not a rigid test. But a
flexible definition is in keepittg with tha special
Page 10
sffims that churchcs enjay in pur sooiety. Tn a �na_
?ozit}' of jvrisdictions, estabIished churches arc per_
mihed co ���� �de-rang2ng Uses aacassory to
thcu churchos. Various pazochial e� ca���
functiazu such as schooIs, P1sY8rounds, day carc
centers, diug rehabilitation centeze and softball
frelds har•e been found to be pcc��ft� � residential
ueighborhoods as accessory uses. A¢vur¢{e v. Zon-
ing Board ofApp¢oLs; 7�7 C� 440, 428 A.Zd 82
(7979).
Moreovcr, thc 7ap�opage of rhe ordinances at issue is
vcry broad and evinccs no intcnt to k� a � ; ,�; vr -
aes and conveqts that are accessory ;o i��ho�
and non-tradihon� chyrchca out of zosidentiai
aoighborhoods.
��J jt is the contenhon of the City of Minneapolis
that rhe Church is m violation of the cnde ,ro.,,��,>_
The evidence adduced at trial sho d�rt�
�b��b �umernly has si�c off-sueet pazking spaecs at
i� Lakc IiaRiet proPertY a 4-car gangc and two
spaccs to the north of nc� rear of the bul7ding. The
wning code :equir¢s �hat chu��,es p� s mia_
imum of ten o{f-street p�}�g y�aces or`bne paz$-
�S SPaca fvr eack iwe.^..y seats in tfie main auditor-
ium '�` w *" and one losding dock. Minn.Code of
OrH. § 53 8.I90�7)(a)(i), (ri) (+97�. Gliuontly, a
���u of 37 individuals inoluding ihe resideuts
of the property stband the chiu'ch setvices, Tkere
was no tesamony az to the number of svats in [he
andtrori�un bne we pzesume th¢re is at icast suffi-
cient seating for tfiose 37 people. The si;c avaiIa6[e
Paz'lang spaces therefore easily mect the c�� re-
4u�rements as to tfie number of Paz�g spaeas as
well as the one loading barth reqw¢ed for tho
��rch use of the property,
In the ease of a newly established religious grovp
the outside mewbership attendiag the servicea is
likcly to bogin with a small num6cr. If inembexsirip
does not incr�ase, acitlter witi t�e a�ed for mora
P���wg spaees. Tf inem�eis� doos incrcase to the
point w$ere a lack of adequare p�
safety hazazd, thea fhe Lous' 0 8 P�mts a
reason ro require more az�°�cials may havc
P king spares. This rou�
�
�
C�
� 2007 Tho�oy�r�st. No C1aim to Orig. [�.5. ��,t. �orkc.
.
�:/leIibraries.westlaw.eom/prindprinistream.aspx?sv=��1�p��T�E&fn _ ,n,,,..�n.-
6El4Z 3�Jbd S�dW Na9210W S9'-JI21H + 9E�ST LHOZlHE10i
�
•
�
r1
LJ
339 N.W.2d 88Q
339 N.W,2d 880
{Clte as: 339 N.W.2d 88D)
in fYfinnetanka Congregarion af Jehovah's Wir-
nesses, Inc. x Svee, 303 Minn. 79, 85, 226 N.PJ.2d
306, 309 (1975) declared that "(i]t is self-evident
that any church will causc hcavicr vehiculu aaffic,
but for that matms, so would resideatial consuva
rioa. Howevex, that is far from the craation of a
traffic hazard."
j8] Code secrion 538.190(�(b) shtes that addiflon-
al parking spaces may be required for the
"monastery" use of the properry in an adequate
aumbcr. This dctcmunadoa is lcft to tha discretion
of rhe zoning adminisaator but has apnarently nev-
ei been made. Nor did the appellants wsit, before
bringit� swc, for the report of the respondeuYs ar-
chitect as to how additiottal parking could be
pxovided. Tntervenors stsre that 7 to ]2 additional
speces must be provided to acconniwdate ffie resid-
eot�al use. Mr. Nordrum tesrified chat it would be
depSrmiental practico to requiro one pazking space
per three persons based on the manunum occupancy
potential of We building. But Mr. Nordrum was re-
fcrring N tha zoning code rcquircments foi rooming
houses. The applicable code secrion 538.190(7)(b)
requires reference [o "standards incoiporated in the
zoaing codc for similar use," (emphasis added).
While thc tesidtmial nsc of thc pzogczty tnay :e-
sembic rhat of dorn�amries or rooming housos, the
speoial consumtimial implications invoked whrn a
monastcry is "accessory" to a church, danand that
only religioUS uses bc tarmed "similaz" uses in cal-
cularing pazkiag spacc rcqu'uements.
Wc agroe wich rhe trial court that respondents are
cur[endy in substantial complianoe with the parking
requiremer.ts. The tiai judge viewefl the properry
and "890 fouad that "abeolute co�liance wouid
aeato aa undua burdcn on dcfendants, desuoy the
aesnc�tics of the property and produce no ban�t to
the suzrounding progerty ownezs." Evidence ad-
dnced ac txial supnorted these fmdings. Moreova,
the city has not required absolute compliance by
onc�r churches and their accessory usas. Tt�e Ciry's
ZonL�g Adrainistratoz festi&ed tfiat the zonir.g code
is not rigidly but is flexibly applied.
T'he zoning admiuistrator should proceed to detrxm-
�
o8�3�y
Page 12 of 13
Page 11
ine the maximum occupancy potential of the mon-
astery and nc� number of puking spaces necesssry
in tho interest of safety but with the flexibility that
is usually applied to such cases.� We aote that
the Code itself allows secessory of£-street pazla�g
facilides to be located "elscwhcrc than on nc� same
zoaing lot with the building or use served."
Minn.Code of Ord. § 522.40(4) (1976).
PN9. This does not mean that respondents
do not bave to comply with the ciry's
building regu7ations goveming load capa-
city fire safety, and testroom facilities.
This approach is coasistcnt with the approach taken
by the majority oP jurisdictions which hold that
wning ordinances ttaditionally and eapressly have
included churches in zesidentisl disuicts in ordor to
serve rhe convenience of che residen�s and in Pur-
rherance of Yhe public morals and general welfare. 2
A. Rathkopf, The Law of Zoning and Plannina, §
20.01 (1978 Supp.). Facilities for religious uscs can
not be excluded from any residential disa-ict nor
can their application for permitg to e��pand or modi-
fy the facilities be denied unless the city proves that
such cxclusion or denial is a necassary exercise of
thc police powcz in furthaance of the pubIic heatth,
safety and geoeTal welfare. Tho ciYy has to show
thzt the need for comptiance outweighs the public
poliey against such restriction upon freedom of
worship aad publie asecmbiy, Jewish ReconsYruc-
donisr S�nagogue v. Incorporared T�tllage, 38
N.Y.2d 283, 379 N.Y,S.2d 747, 342 N.E.2d 534
(1975), eert. denied,426 TJ.S. 950, 96 S.Ct. 3171,
49 L.Ed2d 1187 (197�.
1liese majority jurisdictions also hold that eince a
church caoaot be legally excluded from a residen-
tial d'utrict by a zoniag ordivaace, the same result
canttot legally be accomplishod by deuying speaal
use permits ��� unless the zoning officials meet
thcir burden of proof as tu the extistence of harards
to hea][h, safety, moxaLc or gener9l walfare. 'naftic
congestion and increased hazazds, insufficient off=
street parking Space, and insuffioienc Iot size for tha
intcndcd pwposes have all been repudiated as
grounds for denial of a peixnit in rha majority of
m 2007 ThomsonJWcst. No Claim to Orig. U.S. Gevt, Works.
Rt p :f/elihraries.w estla w .eom/prinUprintstream.aspx?sv=Fu 11 &pr�t=HTMLE&fn=_top&mt=Westlaw&vr—... 10/3/2007
FFiI7. ��t1� S�dW NC9a0W S�J�JIbH + bE�Si L00L/9E10T
0 �-3��1
339 N,'W.2d 880
339 N,W.2d Sg0
(Cife as: 339 N_W.2d 880)
�=
staces becauso theze was in�ufficient prou{ thyt con-
gestioh wouid be so mccrcme that ex�aordinazy and
unusual dangcr of acci3cnts would resuIt. 2 A,
Rarhicopf, ?he Law of Zoning and PIanning, §
20.01 a[ 20-15 (4th ed. 1975).
FNIO. The procadural posture of this oasc
is not the rypzcally seen zeview of a danial
of a specisi u� p�t ��� ���
fuFt tixne the City of l�iinneapolis has evr.r
brought an injiy�;,�•re a:e� qo ea�°�ce the
zoning code. But fhe %�+� of an iajuao-
tioa preven[ing the Church from using the
subjeC pioperty ss a m���y, wouid be
tsntar�o�? ta t3,°, dtaia'. of svcB a perrnii,
S�re �ha noighboriag resideuu have inter
°� �n t�is accion, there is obviously no
chance that the Church Univarsal aad 17i-
___�_. .. _
r*� approval of a zoaing change as is re-
quirod by Minn.Stat. S 4623s7rti
Thcse caveau should be carefiilly oansid�� ��
future disputes wluch may srise between dic pstties
concerning thc provision of aay additionat parki�g
spaces. Wa a�ee thst the IIial covrt should ratain
]1�sdict�on as to this matter. Rcspondent Church
mnst apply For a peruy$ ta �haage the use of the
FztrP�Y &om a non-conforuung duplex use, to usc
as a church, monastery n.nd rectory aud the ciry
shatl issue such permit q{ th� P�ses mcets th�
Sre and otha sa&ty code requiremenu.
•- . �
Mina.,1983.
C`ity of MinReapo�
umphant
339 N.W.Zd gg0
�. Church Uaivasai aad I1f-
&ND OF DOCU�2�IT'
Page 13 of °
Page 12
� 2007'��oyyy�st. No ClaixK to png �7 g Govt. Wp
'�
m/prinUprintstrean�.aspx?sw—Flill&prft HTMT,E&fn �top&mt-We�ri,..,.�....._
6E18L 39tid S�dW NC9210W S9�JZaH + bE=St L00Z/0E10T
•
.
•
�NINO FII.E Np:
APPUCANT: •
PURPOSE:
LOCAT40N:
LEGAL DESCRIPTION:
ZQN!!�G C�MM!??HE ACTION:
PLANN�NG COMMI55lON AGT)ONc
i,uNa{Ti��SS GF ThiiS FE'riV`i i:
APPROVED BY:
CRY OF BAINT PAUL, MtNNESO�'A
BPECiAL CONDt710N U�� PERM17
�o-tia7-oas
�
5alnt Pau!'s putreach
3peciat Conditlon Usa Parmit fot a refiglous retreat.
t977 �rand A�enue, hetween Prinr and ClevefeRd.
RdSEDALE PARK EX .4LLEY LOT 43 BLK 2
Approv�l wifh condifiorts.
Appruval wlth condlfions
D�--3�y
R� ; ;�rs t; ? ln�;i�;duws ��alde a! :.�a lasUtty snd ?het :h� eurrent � ��r�gA
apac�s ba melntalned as off atreet parking for retrsat r�sldants. .
Giadys Morton, Commission Chairperson
t, the underslgned Secreiary to ihe ZoninB Commfttae Cf the Planning Commiasion foT City of SainY Paul, Minnesota, do
hereby Cartlfy that I have compared the foregoing capy with t(te otiginal record (n my offtce; and find tha sam� W be a trua
and correct copy of said original and of the wtrole thereof, as bssed on min�tes of the Salnt Paui Planning Commission
meetfng heid on Novembet 17, 2000, and on recbrtl In tha 3fllnt Paut Planning Oftice, 25 WestFourth Streat, Saint Pau�,
Mlnnesota.
•IB psrmlt wltl ezplre•one year trom the date of appraval if the use heaeln pe�mltted is not�stahilshed.
Tha dscision ta grant this perm it by lhs A18Mfip Commisalon Is an administrativp aGiion aUbject to appeat to the Ctty Council,
Anyona affected 6y thts action may appeal thls dbcfslvn by filing the approprl�te epplCcatlon and fes at the Zoning Oftice,
9400 Cfty Hall Annex, 25 V+lasf Fourth Street. Anysuch appeal must be flied withln 15 calendardays vf the mailing dat�
noted b6fow�
Violation of the conditlon� i�f tFtls perm(t may r�sutt in it� P@VCCOtion.
�� � _I i.l d 1 / y�
Caroi A. Martineau
Secretary to iha �alnt Paut
Toning Commlttse
Copisg tp: App�ICant ,
File No,
Zoning Administrator
Llcanse tnspeator
Dlatrlct Cauncil
u
Saint P&Ui's Outrasch
06-1A7-063
Wendy Lane
Ch�letfne �ozek
14
EXHIBYT C
6E/6Z 3�JCd S�dW N1Y�J2lOW S99IaH + bE�ST L00L/9E/0i
o�
i, ~
�
city c�f saint paul
planning commission resoiut�on
f�Ie number oo-as
[�a'�e it-z�-oo
WHE7R888, 9ai�tC Paul�s Outreadh (Fila 00-14?-083)'has agplied fox a speQial
co.�ditSvn use petmit ta oparazr a sellgious retreae at 1977 tlra;,d Avenue; and
`�r�+���. fi�e aaiht PaUl Cit}+ COUaGil Oa October 1i.� 2p00 (FilL OQ-9¢8j
cousidered an appeal �P a Hlanning Commisoion daci�ioa (File 00-132-464} on'
Sa�nt Paul's Out�eaeh da�9z;,*,±;s��q�; �g $i�ilar use appicatloa ia mhSch the
Commis�ion gound that the eaplicaht'E uee ai 1977 Grand Aventte was moat
aim3lar t4 a ��cortvgnt"� and
D�sasas, che Saint 8du1 City Covaail fcubd tbat th9i plgniyniAg COrtarsi6si01] �rred
in its fiIIdihq �d fovnd rHa� Ht,e .,a� ...__ ____ _,_ ..
recreaz+ �ztd directed 9nint Pau�,�3 0utze�ch to prgygrp 8 a�„ �PpZ=csCion to
tkc Flaruiing Comm�sslon to coneSder the uese at 1977 oraad Avcaue as a
"raligiau� retreat�� perm3ttod ruhject to the gtovi�ioae of T Code
64.300 (d) ; aind
wxsakAS, the Zoning Comm,ittee qf the Flar.niag Commiffision on 11/09/00 heZd a
public h�aring at whick a11 parsone preeaht were giv�n an oppoYtunity to ba
heard pursua,nt to �aia a�p2icstion in accordanoe with the requiremeaes of
5eation 64.30tl of the Safat paul Legislativ¢ Coder as�d
v�horea�, saiat &aui�s outreac2i r�prascntaCiv�6 teetified chat resideats at
1977 Gtan� AYenue aza expeated to adheYe Co A code of coaduct and Chat Cyp9.ca1
reeis9er1t5 sre lpng term reeidenta and gigri laasas for 9 moriths; and
w8slz�as, Saint Paul Planning Comm3esion, based on the �videttce pxeeant�d to
ite Zoaing Camm3tr�e at tha py,blie heaYiIIg ae substantially refl�ct�d ih the
minutee, made the following findir�gQ o# fact:
in favoi- Une n � 9
agains�
mov�� by ����
seconded b �
z• Saint paul�s outreseh io a not-!cr_groPit soi(c)a orHanization
involved in tho wprk og evariqeli�¢atian and �i�.�, t� �,�r9ity
wtudentd ar,d yos�ng aau].te in the Twih Citiee area, The orqanization ie
forrnaliy racognized b� and operatee und�r the eacle�ia$Eical v3gilance
oE the ArohLishop oF Saint 8aul ar�c} Minzieagolie. An gntegrpi parL oP
the orgmnization�s mi�i�try is the £ormatiox of young adulba throuqh
•
�
6£/0E 39Cd S1dW NG9u0W S99I2iH + bE:S'C L00L/0E/0'C
s_,_ _ _ � �� iy
co�nSUUn�.ty living in one of ite five householda, euch ae bhe ono a� ie77
• Grand Avenue, AcCeptancc into a formation house ie bmaed on a�written
application to saint Paul'e Outreach. Applicants ara required to eubmit
leCtera of recommendaCian and are intarvSewed by a paetorai team,
Applicante are judgsd on their commitmene to chriatian life and their
social sicills . ,
The property at i977 Grand ie a four bedroom Ehree bath bung�low, dff-
atzest gasking cansists oP a two bay gaiage and one bay qarage. Curzant
F95didsnte at 1977 (3z�etid Aves�ue inolude etudenLe and youna working
adulta. Thm appliesnt hae indicated that no more than eighC individusls
will reaide on si�e.
<. ra..�ic� S�.S'a�J!�; cf *_ha a��i*_eg d4fle sagaise� tka�5 h�€o�e the
pltaaiag cnammioeion may gront aDproval of a psirxcigai ua� auhjeat tv
eyecial aonditions, the oommieeioa ahall £infl thnt�
a. The exCent, Iocation and incenaity af t7 use wt2i bg in
substantial campliance wi�h the Saint Paul ComprehenSive Plan and
any a�pglioab,le subarea gIana which were approved by the c�ty
cour7C.�1.
r 1
L_J
�
c
�
This caadition ia met. The recent draft (April, z000? of the
Macalecter Orovcland Compteheneive Plan reaommends th� PolloW3ng
lmnfl uwa vi5lots �ar tha diatrict: "Maintain and enhance the
resideaeial ahar�cter of Macaleatex-0zoveland ae & single 4amily
a�ighbonc�od with higher denaity houeia9 in exietiir,g commercial
clueters aloag bu� routeu." The City's recQntly adbpted Land vae
Plan etates, "In tra$itironal aeighborhopde, the City will eupport
compatibla mix�d ube within single buildinge and in separat�
bui2dings in cloBe pnoximity.� Objective S.z.1.
The tt�e w�ill provide adequate ,ingrass arid egress to minlmtae
traPfic cvngeetian ia hht �ublic etreet�.
Thie condition is met, The pzoperty is loaated midblock nn6 is
aocessed hy arand Av�r.ue artd a public alley, The a�plicant ie
praposing that up to B indiv,�duale reaide on eite. Current off
etreat parking consietm oP 3 garage opacea and a parking pad in
front of xhe gsrages. The code does aot specify a parking
sCandard for r�ligious reCreat facilities. HowevaY, if one were
to eompare it tp a rooming houeirig {1 �pece per 3 occupancy uniee>
or a dormitory ( i epace Por evezy 3 bcd�) the property has
suffioicant aff etreet parking.
The use wi11 noC be detrimentdl to th@ existing eharacter oP
developmenc �n the Smmed.tate A�iqhborhood or endanger the public
hea2th, safety a�nd genarsl welfare.
This candit±r�a is meC. The charactcr of.Ghis portion of Grand
Avsrtua is a mixtura of res:daAtial ueea khat iAClude mul�iplE unit
apexrtment buildings, townhousas, fourplexea, duplexes and,singla
faMily homes. The applicant�s propocad use is compatible to this
mixed residential deneity and 6hould not poee � threat to ehe
public health, effiEety or genaral wezfarm of the neighk�orhtiod.
6E/TE 3�Jbd S'1dW N179210W S��JI21H + b6�ST L00Z/0E/0i
08 31 y
�
e
�
�-:_
The us� will not imp�do the normal and orderly devalogment end
impzovement o# cke aurroundtng property fos uses p�rm.itt�d ,ia the
dtatriot.
Thie oonditiqn ie maC. Susrounding propertiea in rhis ItM-7
distriot and 8djacent R-2 distzict are fully devsloqed.
The use sha11, in �31 othes YBSpects, conform to the appl,iCable
regulaL�ons of the diatrivt in which �t is located.
Thie condition ie meE, Religioua retreate�are permitted ae a
aoaditioaal use in a RM-z distriee. No additianal ooaditions are
atipuiated for this use.
2hmrafore, Sa St Renolved, ba�ed oa findingu 1 and 2, �ha P2ann�.ng Commission'
approve� 3aiat Pauire outreach's apecial coadition nse permic for a religious
YBLYDdL AC 17 % 1 vT�IiCl t`iV'B�iSI@ i:'�i.0 �ai2 �GI3µiCi'vr'v �aiw� isC iTiDY'E �kiS:1 '
ir,d3v3dua.s raside �t the f=_eiZity and t�3at t2z� �sreS�t � g�saqe gpaoes be
maistta%aed aa ofP etreet garking for retranb raeideate.
.
•
�
6£/ZE 39Cd S"1dW Nhf9a0W S�J9IaH + tE�ST L00Z/0E/0i
T" —
oRi��NAL
•
Presented
Referred To
��
Committea; Date
4
5
6
7
30
71
12
�
15
16
�I7
18
19
zo
21
22
23
24
2S
26
27
28
29
30
31
32
33
34
�
37
38
39
VVharees, 3aint Paul's Outr�ach, zoning $le no,00-132-464 and pursuent to �,agisiative
Code � 64.300(g), made application to tha Saint Paul Planning Cammissi4n (hereinatter the
"Commission") for a simiiar use determination for property located at 1977 Grand Avenue and
legally described as noted in zoning file no. 00-132-464; azyd
Whereas, the Commiseion's Zoning Committee conducted a public heazing on July 24,
2000 aftet having provided notice to affected property owners and submitted its recommendarion
to the �ommission. On 7uly Z8, 2000, the Commission grantad the applioation based upon
findings and con.elueions which were reducod to a writing in Commis�ion kesolution no. 00-49
and dated ]uly 28, 2000 end which is attached hereto and incorporated hereinby reference; and
Whor6as, pursuant to the provisions of �.egislative Code § 44,206, Larry St�rns tluly filad
wvith tbe City' Clerk an appeal from tlxe determination mada by the Comzfiission and requested a
hearing befoz� fha City CounciI for the gurposa o£ e4asidering the actzqns taTcen by the 9did
Ccrmmission; and
Whereas, the City Council, acting pursuant to Lagislative Codo §§ 64,206 - 64,208, and
upon notice to affacted parties, cnnduoted a publia hearing on Septexnber 6, 2000 where all
intetested parties were gives► an oppoztunity to be heard and where, at the conclusion of the
testimony, the rnxtter was laid over for the purpose of gaiaing add;tior.sl in.�ormztion from the
city attomey's office; and
Whereas, on Se�tember 13, 2000, havitxg received additional information from the city
attomey's office, having hezxd rhe statements made an,d ti�vfng considez�ed the application, thQ
report of sfaf#; the record, minutes and resolution of tha Zonit,g Commi�tee and of the Plannin�
Commission, the Council, does hareby
Resolve, that the dacisiaa of tho Cammission in this mazter is hereby reYetsed based on
the follow3ng:
The Commissian erred in flnding that this use .is similar to a"coa�vent." The
C�mmission's pr�mise was based on finding thai the use wa9 a"!ay religious communitq"
becsuse its participants ndher�d to a prescribed frameWOrk of xeligious and life style
staridards under the guidance and controI of an oversight ministry that was senctioned by
the arohbishop, These facts do not waaant a determination that Saint Paul's Outreaah is
similaz to a convent.
�Q � V' ,rL�=- C011I1Cl� PLiC {{ ��Q n � �{g
Gieen Sheet # t a 4 0 (?
�sor,u�orr
CTT'4'' O�' SAINT PAUL, iVITNNES�TA
Sf �F.F ��]tid S"1dW N179bOW S9�JI21H + bE:Si L00Z/0E/0T
.1
2
3
4
7
9
]0
11
12
i3
i4
15
26
i7
i$
19
20
22
23
24
25
26
�-�iy ?-=, �=� oa 9y�'
Z. The facts �uppozt a conclnsion ihat the use is u"religious retrea�. '" The testimony shows
that Seint Pau1 Outseach is associated witE► the Archdiocaee and that it exists under the
suthoriry of the Arohbishop. Writtan materials Submitted by $aint �etxl0utreaCh'S
specifieally state that it ia a lay sooiety with a commitment ta furthezing the miesion of the •
Catholia Church. However, it is signifieant �txat participaat5 iss tho program flte lay
paople. Program participants are not elergy who kave takett vows and who traditianatty
would live in monasteri�s or eonvents. In addition, progrsm participants are not
sezninarians. Partioipation in the program is an avocation �nd not a vocation. Because
the program partfcipants do nof talce vows but do otherwise particigate in a pro�rrem
which offers an ordered lifestyla of prayer, study and fella'WShip with other persons
similarly situated and is recogni2ed by an organia�d church, this use is faatually more in
keeping with a `4eligious retre�t'°
9. T'ne �lannutg CoYnmission aiso �rted by not evaittaring the use Ss a roiigzous retreac Wider
the special condition use pennit in procedures in Legislati�re Code § 64.300(d).
Find Be tY Furfi�er Resoived, tnat ihe appesi of ierry 5tams is hareby granted;
Aad Be Zt Fprther Resalved, gursuant to Legislative Code § 64.Z07 that the appiic��ion
new appIication to considcr this use ss a`Yeligious retreaY' permitted eubject tq
Legislativa Code § 64.300 (d).
And Be It Finally Resolved, that the City Clerk shall mait a copy of Yhis resolution to
Lassy Stams, Saint Pau1's Outreach, tha Zoning AdmirristraYOr and the Ptanning Commission.
ORI�INAL
-�.
xegueated Ay oepazt6�ent oE:
Sy:
Fo=m App by �ity A�teTriOy
EY: �'[�, v� �L./,�,�t/!�O^ G� "2
npproved by rsayor £or submieeien to �ounaii
eY� i—�.�•r+i—� � ��V^"�
�ppsoved hy nayor: Date ,�+�����_�
9y�
�
BY�
�
.
bEJb£ 39t�d S�dW NC9210W 599Z21H + 4E�51 L00Z/0E/01
ABopCed by Counail, Dace �� ,VD
ABopcion tertifisd by Cauacil 9eerecazy
C�8 -- 3 I y
•
ZONING FILE NO:
A?PLICAtVT:
PURPOSE:
LOCAt10N:
LEGAL �ESCRIPTIQN:
ZONING COMMtTTEE ACTION:
PLRI�N1t�G CQR"�Al9°iC�R� A.r.?1Q,R+:
CONDITIONS OF THIS PERMiT;
APPROVED 9Y:
�
CITY aF 5AIN7 PAUL, MiNNE9�TA
[7�THRMtNATtdN dF SIMILAR USE
4�-'132-464
Saint Psui's butreach
Determination of Stmilar Usa for a privete association af Christlan falthtul housing
up to 8 unrelated edults.
9977 Grand, between Prior and Cleveland.
ROSEDAIE PARK E?C ALLEY L0743 BlK2
6,pproval wlth cond{tlon ,
App,*�va! with con!�!41on
A minlmum of 4 off-street parking spaces be provlded on site.
Gladys Mo�ton, Gammission Chalrperson
I, Ihe undersigned Secretary to the Zoninq Commfltee ot the Planning Commission for City of Salnt Paui, Mlnneso(a, do
hereby ceriify ihet I have compa[ed the foregoing copy wlth the ariglna! record In my office; and itnd the eeme to be a trus
and correct copy of said orig�nal and of lhe whole thereof, �s based on minutse of the Saint Peul planning Commisslon
meedng held on July 28, 2���, and on,Cecord in lhe Safqt Paul Planning Otftne, 25 WeSt Fourth Street, Salnt Pau4,
Minnesota,
���$ perr;�it wilt eXptre one yesr frcm ths date of sppraval if the use hereln pe�r;�itted is not es;abl;ahad.
7he dqcislon to grant thls permit by the Rlanning Comm Isslon fs an adminlstrative actlon subjectto �ppeai to the C(ty Co�ncil.
Anyone affected by this activn may appeel this decision by flling Ihe BpprOpriate applleation and fee �t the ZoNng Ofilce,
1400 City W�II Annex, 25 West Fourth Street. Anysuch appeal must 4a filed withtn 75 calendarddys offhe malling dt�te
noted 6elow.
Violation of the canditlona of this permit may resuit In its revocation,
GCt�iGiii.C!-"��LJ
Carol A,Martlt�eau y
Secretary to 1he Saln( Paui
Zoning Gommittee
Copies to: Applicant
File N0.
Zoning Adminis�ator
License InspecYor
Disfrlat Counail
�
Saint Aeu!'s Outreeoh
00-132-464
Wendy Lans
Chrlstlr�e Rarek
14
FFI�F '��tid S�dW Nd�JbOW S99I�fi + bE:SL L90L/B£!BZ
� �_: :: _ _,
Ck4- ��� ' � `-
city a� saint �pautY
plann-ing commission xesoYution
fi�e nurnber 00-44
date
,-za-oo
WHSRBAS, Snint Paul�e Outseach (Sil� 00-132-464) hae �pglied for a
netermination of 9imilar Uae Eor a priv$te associaCion of Chziecian Faitkful
lsoueing up to 8 uarelated adult� f�z property at 19?� 4renc! Avenue, leg�ily
dea�ribed ae (ase Piis;; a.zd
Wk2EREAS, th� Zonitig Committee of the P1$nning commias�on on o7/20/0o hald a
public hearing at which aIl per�ons gresent wcre giver. an opportunity tv be
heard pureuant to said application �n accoYdancz with Che �equirementa c�
Beetion 64.3b9 of the Sa3nt Paul Legiel�Cave Code; and
�
Y7H EREAS , ea int Paul nlanning Commiaeion, beeed on the evidenca presented to
ite zoning �CommitCee at�fie pub3'i'� haar'�'n�`a'g -BU�^°rn"-^—t=a��o,.-r�flected in che
minutee, irtade tha £ollowing findinge oE facC:
1. Saint Paul's Outrewch ie a not-foT-prOf�t SG1(c13 oYganiZat�on
involved in the work of evartgelization and miaietry to universi.ty
etudente and youAg adults in the Twin Citiee area. The ozganizataon is
foztt�811y recognized by and ogerate� unfler ths ecc7.aaiastical vi9ilance
oi thc Aschb==_hop of Saint PauZ and Minrfe:.yolis. An integraZ pare of
the organization's miniptry is the fot'm3tion of younq adults thzough
community living in ona of ire five hau�cholde, such se the orce ak 1977
Grand nvenua. These ��formation houses�� aYford the men or women in
xesidence chm opporcunity co receive training in ChriyEiGn living itt ehs
oontext of a eupportivs etxvlrazunane that allowo for prayer, etudy and
fellowehip- The Ecrmation houeee are an example ot the Catholic Paith's
increasad emphasie on new organizational struetuses suppozting che
epiricuality of 1ay people. The reeidents hava a common pattern of lite
that includea yrcYar, Mase, meals, ehaYed chorea and other activities.
Each £ormation houee has a house leader Who provides administrmtive a�nd
pastotnl leadetship for the other resident�. Acceptattoe into a
farmation hnuee ie bared on a written application to Saint Paul�s
OutreaCh• Applicante are requiFOd to submit letters pf Xecommendation
ancC aza intervimNad �Y $ P�etaral team. Appliennt� are judged on Cheir
commitment to Christi�n life and their social 5kills� Current residents
&t 1977 Grsnd Avenue 1nGlude atudauts and wox'k1r.g prafeeeion2ls.
mo�ved by Field
seconded by
i� favor Unanimoue
agai�st
.
�
6F.�9E 39Cd SIdW NC92i0W S�J�JI21H + bE=SS L00Z/0E/0T
�-
D8
The property nC 147� Grand ia a E�ur bedYOOm thzee bath bungalow. Of�-
• streer pazking coneiets of a tw6 bay parage, a one bay garage and thse}�
apaces oa a parking pad.
2. Recidsncy in e dwallinq unit Ss IimieeG to one :amily. A family
ia defi�ed by the zoning eode ae a maximum of four ur.se:ated adults.
The code's deEinition of Eamily, in ic4 tritirety, is; .
"one or two ta) pexsons or parents, with theiz diract lineal descendants
and adopted or 1gigally cared Por children (and iA0lLLfling the dbmestic
employees thereof) togeehez with not morm than eua (a) p�reona noc so
xslated, living togethmr in the whole or part of a dwelling compriaiag a
singie hvuaekeeping unit. Evgry additional group of four (4) or pewez
parep;,s living ir. sueh houeekeepirig unie sh�ll be considered a e�parate
fdmi2y for Yhe purposs of this code,��
3, 1`he intent af the RM-2 Multigle-Pamily Reside»tial District is
"deeigned ko proVide for more extensa,ve areas ot multip��-£emily
reeidantial develpgmenc as wall A6 ueas zelated to the muleiple-family
reeidential districts, ox usse which 3�rve one-Eamily residmneial needs
and requir� moYe extenaive eitee. The tzM-2 Dietrict ic £urcher pxovided
to' p�rtnie eompseher�siv� davelopment oP a multiple-�amily projeCC 6o ae
to aetahlish a balehce o� population concentr�Cion as rnlated to ma�or
thozoughfar�s and trRnsi�, and related facilici�s.��
Permitted and epacSal condition uses �h a RM-y district inelude alI
permitted and epecial oondtcion uaes �n R-1 ehrot7gh R-a, RT-Y, RT-2 and
• RM-1 diatrirta which would includa eonvenCO, monast�ries, rooming
}1011Bes.
Possible usea !,h the zoning code to which the pxvposed uee might ba
similas includa�
a. The pxopo��d U�e mighC be considerad eimilar to a convent.
"ConvenCa, recto�yee and parsonag�n, a11 when associpted with a
church, chapel, eynagogue, temple and other �imilaz houee oE
worship'� are permiCtsd use8 in a RM-2 diser�ct. R co»vent 7.�
geaerally eohaidered to be e nuns residence but the tatm is
occaaionally applied to a grQU� of religioug men or priests.
Webater�s tlew Collegimte Diptionary de�ines convFnC as ��a local
communzty or house oE a zeligiovs order or congregmCion; Bgp: an
aotablishmtht oE nvna." Whilm tha epBJ,icaRG's use does not raflect
a eraditionel r�ligioue order, it doeA repreoent a Xay reiigious
community Char operate� under the qt�idanca and contral of sn
overpight ministry, Ss sar.eeioned by the 1ooa1 arehbishop,
eneouragea parCicipante to adhere Co a pzescrib�d framework oP
religioua and lifc�tyle atendarda, and �to�cers tho5e tgligiou8
etandardm thzough an opah commuaAl, liv�ng arzrmgement, These
eharacterietice are sim,llar to �ny male or famale religioue qFder
w,ithin a cohvent living �rrang�roent.
b, Tha propo�ed use mlght k�e considerad eimilar to a monaetery.
�'MOnasteri.ac and religioue retreats, a11 when Assocxatad with a
� chuiah, chapel, synagogµe, tempin anrl oCher simzlaY house o£
uorehip° are permitted in a RM-a district �g a speaial condition
6E/LE 3�Gd S'1dW Nb92JOW SJ9Iafi + bE�ST L00Z/0E/9L
` • � F- _ C '
.C�'-�31 �( ; i .
use� apacific cenditions ara not listed. Webster's New Collegi.ttte
Dictionary definee monas�ery as �'a house for peYSCns living uhder
religious vawsr eap� an establiehment for monka" 2he tezm
"monastery" implies an iaoYated and somewhat eelf sufficient
*etreat. The praposed use ig not an isolated retreac, it�
reaidencs are not manke and its resid�nts are not living under
stzict raligious vowe. •
u
c. The pYOpo9ed use might be considerad similax to a roomittg house,
because it invol�es more than four utsrelated sdults. However, a
roomirrg houea is gan,crally open ta'trtambezs of the pub2tc,
reg�rdlese of any group or zaligious aEf3Siation, and doea ztot
involve a commitment to reliaioua and communal Iife. 7toomitsg
he��Ree sza fisst g�rmit��d in a RM-1 6ieErict as a s�ecial
condit3an use.
Applicable conditiohs are:
1. Minimum 2ot area of fiv6 thousand (58001 equaze feeC be
pzovided tor cha £irse Cwo (Zi guest �'ooms and csnce Yhoueand
(1000) �quare Peet for each additional gueet zoom.
2. one ott-acreet parking epace for every twa (s� facil3ty
reaidenee.
_ ---syaei�l—condikiGn_us ].ies onl aR lbag as
the number of zeeidents is not increaeed �nd its licmnaix�g,
purpose or location do not change and other conditioas of
the permit o�ra met.
4. Section 6a.3o0(g) of nhe zoning code etates, '�when a egaoi�ic uee
ie not listed in Eha dietri.ct the planning commissioa sha11 c�etesmine if
a use is 61mi1ar co otheY uses oesmicted in ffiuch distriet. The g].aenz�in� `
Commission �hall make the follaw;ng findings in determaniag whethcr one
use i� similar to another:"
a. TY.ee the use i& simi3ar in charactex to one or more ot the
principa2 usea permitceQ.
The gYbposed Uso is sifiilai to a convent. whila Che appllcmnG' i39@
doee tsot reflect a tradicional religiou� order, it doee zepres�nt a
lay zeligioua tommuni.ty that opermtes under the guidsntla and contzol
of mn overeight ministzy, is eanctidnad by the local archbishop,
ericourages y8rticipattce to adhere to a preaasibed framework of
religious and lifestyla standarde, and tosters those rtligipua
standards through an open communal Iiving arrangement. These
criaracteria[SCS are aimilar to eny male or femaie religious order
living within a eonvent.
b. That the kraffic generated by such use is similar to one ar more oP'
the princlpal use� pazmitced.
This Einding is mat, The traffic ganera[ed by the proposed use is
similar if nat lese than mosr uae� in a aM-2 dSstrict. The �raffic
genazated 5y rhe °formaCion houee" will corieist of reaidential. trips•
Th� low traPfic volumem gencrated by the "formation houee'� make it
comparable to smaller eeale agartment facilities.
c. Thac the Uee is not Pirs[ permitted in a less resCrict,ive �oning
•
•
6E(SE 39tld S�dW Ntl9a�W S99I�JH + bE�ST L00Z/0E/0T
; --_ ��_
C3� �� lw
.
distxict.
Thie f4r.dir.g ie affirmed.
d. 2hac tha �se is consis[�nC wlth the compseheraive plan,
Thie,finding is met. The� 199fl Land vse Plan, poliey 5.i.1, �
highlights the following urban v111age princlple, "GOOd aeighborhoods
have comm�rcial, civic, and inetiGUrin:,al activity em6edded, not
isolated in remate, aingle-uae oortplexes."
Tharefora, ba It Resolved, based oa firinings 1 through G, the Flanning
�GiTiiir:5E1e^ aF3h, zovs3 c-`;e ��t�Yniiflat::oz �! nisn�la� _s� apgslien�icn i�r a��ivate
ae�ociaeion of Chzietian faithful hou�ing up eo � unrelated ad�les ae 1977
orand Avenue with che condition thac a minimuea oP 9 o��-aCree•t parking �paeee
be provided on site,
r�
LJ
L�
-- .-- --•.� � c��i.� �it+nvni.i cnnrva + b£ �SZ L00Z/0E/0T
U$-37�
Yang Zhang - RE; 2706 Palace - Questions
From: "Abrahamson, ]effrey"
To: "Yang Zhang"
Date: il/13/2007 1Z:55 PM
Subject: RE: 1706 Palace - Questions
CC:
Attachments:
Hi Yana
The answers to your questions are set forth below. If you have any additional questions, please let me know!
•
i. Tl�e SN✓ proyram reG�ires an e�even (Si) �iiGiiiii CuT�TiiUTie'ilY. `�O'vrcVEP� vo�urtrers �ay �r�icipate �n ihe
S]W program for as little as one (1) year (i.e., one 11 month commitment) or for as many as four (4) years.
Only first year SJW program volunteers currently reside in the house at 1704 Palace Avenue. Second year S7W
program volunteers (and third and fourth year volunteers) generally are engaged in volunteer opportunities that
---- 'ta -a;aa,,a-� ,�-,W�.-�a�a�oa_aad.awund thP worid (olQase see Section I(CZ(2) of
the Application for a description of the votunteer activities of the current second year S7W program volunteers).
2. Please find attached the current application packet for the S7W program. The application process is
thorough and extensive and allows the members of the Sisters of St. Joseph of Carondolet and the prospective
S7W volunteer the opportunity to get to know each other. The application process requires the candidate to
submit, among other things, the compieted ap�lica�ion, a currenY resume, a brief autobiographical esszy,
educationai and/or employment references, a self-reference/self-evaluation and a completed medical history.
This ensures that the candidate sincerely wishes to become part of the S]W community and that the SJW
program is a good opportunity for the candidate. It also allows ensures that the candidates who became SJW
progrem volunteers are properly matched with the various volunteer opportunities.
3. The program is directly associated with the Sisters of St. ]oseph of Carondolet ("Sisters"). The Sisters are
not directly linked to a local church or house of worship, but instead are a canonical order of the Catholic
Church. Thus, the Sisters are directly linked to the Roman Catholic Church in Rome, Italy, and the
leadership of the Sisters ans��ers directly to the Pope rather than local bishops. (please see Section I(B)
of the Applicafion).
4. Cunently, a11 of the SJW program volunteers aze lay persons. However, this is not a requirement.
A woman who intends to enter the convent may also be a SJW program volunteer.
5. I haue contacted the Sisters to anange a tnne to visit the property and take pictures of both the
exterior and interior. l�ndrea from the SJW program kvill he cantacting you latar Yt�is afteanoon to
arrange a time to visit the property tomorrow. Andrea's cell phone number is: 612-940-5280.
Please feel free to contact me with any other questions or if you need anything fiutIier.
Thank you,
Jeff
Jeffrey A. Abrahamson
Page 1 of 3
•
•
file://C:�Documents and Settings\zhang�I,ocal Settings\Temp�'grpwise\47399EBBmail,.. 11/13/2007
�=
sn�nq
vact.
�
Al1AM
CTTY OP SAINT PAYIL
ChrtsropherB. Coleman, Mayor
October 18, 2007
1ef&ey A. AbraFuuuson
Briggs and Ivlorgan
2200 IDS Centez
80 S. 8�' St.
Minneapolis, MN 55402-2157
I:e:1704 Palace Ave.
bear Mr. Abrahamson:
—_ OB --� �y
�EPAR'TM��J�[ Ot' SA��'SY AStj� 1NCPpf'TIt11JC
Bob Kes,rler, Direo�or
COMMERCEBUIII),ING Te(ephone: 65l-d66-9090
8 FaartASnee� East Sui�e 1Q0 Facsrmile: � 6A-166-9114
SlPou/,MDmrrora55f0/-1014 Web, m.mcstoaulea/rlsr
T am in receipt of your October 8, 2007, request for a similar use determination for the
referenced property, This property is located in a R4 zoning district, designated for singIe
family residenrial uses and certain institutionai uses including a convent, monastery and
religious refrcat.
This building is a singte family dwelling and as such, the maximum ntunber of residents
� allowed is four unretated persons. This property is occupied by six unrelated volunteers
par[icipadng in the St. 7oseph �Vorker Program of the Sisters of St. Joseph of Carondolet.
Your requcst contends that these residents aze using the dwelling in a manner that is similar
to a convent, monastery or religous retreat and istherefore a pexmitted use.
Under Sec. 61.106 of the Saint Paul Zoning Code, there aze four findings that must be met in
order to approve your application for sunilaz use determination:
(a) That the use is similaz in character to one (1) or more of the principal uses permitted.
The zoning code does nat define a convent, monsstery or religious retreat; it oniy
requires them to be associated with a house of worship. As you note, the Plarming
Commission has determined that tiie use of another house was similsr to a convent and
the City Council on appeal determined that it was more similar to a religious retreat. The
facts in that case and this case are not identical. The zoning code d_oes noc .c�ntiq
provide sufficienf guidance for staff to determine that the previous decision is applicable
to pour current application.
{b) That the uaffic generated on such use is similar to one {I) or more of the principal uses
permitted.
There is space on-site for four vehicles and one vehicla is parked on rhe street.
• However the number oF vehicle trips is low. The o verall uaf�ic generated is simiiar to
that of a family with multipte vehicles.
AA-ADA•EFO Emptoycr
��uBxT a
6efst 3�ad s�dw Ne�aow s��zbg + bE�ST L00Z/9E/9T
�8-3 iy
7effrty A. A1+*?hamc�;
October 18, 2007
Page 2
(c) That the use is not first permitted in a less restrictive zoning distzict.
T7xere is no category in the zoning code for religious community living. Although
roominghouses are pemutted in a less restrictive zoning district, the residents at flus
property appcar to have a more familial relarionship with cotnmunai li'ving quarfers and
experiences, whereas the residents of a roominghouse generally live independently.
(d) That the use is consistent with the comprehensive plan.
The t�lan anticipates a full range of housing opportunities throughout the city f�r �1;ffprear
famify types ann proposes a diversity of housing to meef the needs of all lifestyles.
;�Te �areby determine ii�i ue use oY tus property is not sufficientiy similaz in character fo a
princzgai use p�rrnired. Because all four conditions aze not met, we fiad That the use is not
sufficietttly similar to any other use specifically Iisted and regulated in the zoning code and
we cannot approve your requcst for a similaz use deteznunation. 'You ruay appIy to the
P1anT13IIg C0111Ini5S10II for a Simil usc determinafinn anA r1�P.� .:>..,,t.t n.....i....4 .. .�..Ll__
hearing as part of Yheir review of your requesf. Information about tha process and the
application form can be found here:
h�to:/1www.sCpaut �ovldepts/dsi/lieo/zoninaldetersimuse htrnI
This decision may be appea]ed to the Board of Zoning Appeals within ten days,
Sincerely,
�
Wendy e
Zoning Manager
651-266-9Q81
c: Macalester Crroveland Community Couricil
A.J. Neis, Fire uispector
Patricia James, Sr. Planner
�
•
�
U
6E/9T 39Cd S�dNt Ntl9a0W S99I21H + bE:Si /_98Z/AF./0L
Q8-3�K
..>.�___.�
. . � . •
�COMMUNITY�COUNCIL
320 South Grigqs Street
St. Paul, MN 55105
www.macgrove.org
C�
December 3, 2007
Yang Zhang
Zoning Committee
Department of Planning
14"JO Ciiy 'ria�l AiiiicX
25 West Fcurth Street
St. Paui, MN 55102
& Economic Development
Re: 1704 Palace Avenue
DearYang:
Phooe: 651-695-4000
Fax: 651-695-4004
E-mail: mgcc@macgrove.or9
The Housing & Land Use Committee of the Macalester-Groveland Community Councii met on
Wednesday, November 28` and passed the following motion:
The Housing & Land Use Committee supports the �equest for a Determinztion of
Similar Use at 1704 Palace Avenue with the following conditions:
If the cu��ent lease expi�es or is terminated o� the group's affiliation c.hanges or
ceases the permit wi/l be revoked;
There is an absolute occupancy limit of 6 or the permit wiJ� be revoked;
If the property receives mo�e than four citations fo� fi�e or code violations in any
12-month period the permit will be �evoked.
1�
The motion passed with 12 committee members in favor, 2 opposed, and 1 abstention.
There were over 30 people in attendance at this meeting and several of the neighbors spoke
in opposition to the application. Neighbors raised concerns related to Che number of rental
properties already on the block, density, parking, and traffic.
Thank you for your consideretion of this recommendation. Shouid you have any questions,
please feei free to contact me at 651-695-4000.
i /
I%�
Melissa Martinez-Sones
Executive Director/Communi[y Organizer
cc: Jeff Abrahamson
Printed on l00% post-consume� recycled paper
08- 3 l �
�
Letters in Opposition
•
�
o� ���
• Comrnittee Members
My name is Carman Coffman-Johnson and I live at 1701 Palace Avenue
with my husband and 3 children. We moved to our house in the
Mac/Groveland neighborhood I2 years ago. Over the past 12 years we
have grown to Iove our neighbors, neighborhood, and community — we
cannot unagine living anywhere eise. However, in the past 4 to 5 years
we have seen cha�ges in ouz neighbarhood and specifically our block
� that have been somewhat d�sheartening. �]Ve �iave gone from all single
family homes to 5 of the 1 S houses on the south side of our sireet
becoming rental properties. Everyone l�ows the issues that can arise
regarding rental properties, but thankfully, the girls living in the 1704
house have been great neighbors. But our concern doesn't lie with
anyone's behavior, character, religion or the program the are associated
with. Our concem lies with asking for a variance to '�,�a�that states that
no more than 4 unrelated individuals occupy a dwelling. And whether
you agree with this law or not, it's a Iaw that was put into place to help
maintain �lie original integrity of neighborhoods such as ours. The 1704
• h�use is sandwiched between 2 other rentals, so it is 1 of 3 rental
grogerties in a row. Park;ng ta say the least is a huge prablem. Wiirh 4
persons living in each house, that's a total of 12 cars, add in 2 more if the
variance for the 1704 house passes and now its 14 cars. Add in
boy&iend and girlfriends and we can ha�e anywhere from IS to 20 plus
cars parked in front of our homes. I lmow the Zoning Committee Sta ff
Report stated that the 1704 house has off-street parking with room for 4
vehicles, but the garage isn't big enough for 2 cars, anci ttfe driveway for
the garage is the parking pad - so if you have a car parked on the pad you
cannot ut�lize the garage. On the nea�t block up we have a heavity used
park. So shifring cars to the side sfreets in that direction isn'Y a good
solution. People live on that block also, and deal with people using the
park and parking in front of their homes all day, everyday. We are in no
way complaining about park traffic but i�'s warth mentioning beeause
shifting cars in that dire�tion as I said before isn't a solution. Fact � j S
there are just too many �ars park in an area thax wasn't flesigued for this
style of living. I know today we are talking about the 1704 house
specifically, but please take in to consideration tY�e other rental properties
and the park with regard to cars and congestion.
•
b8 � i�(
���
�°
� ��
J�'�
- ��\ �
,��
�
Concern also lies w�tb the terminology of convent, monastery, or
religious retreat. This is a single family home in a single family
neighborhood and regardless of what the girls do or what organization
the girls are associated with this is nothing more than a rental property.
The religious of the determination is convenient way of getting
around the�aw and to hopefully throw neighbors off. In the past week
when I would talk with people in the neighborhood about this situation,
most of them didn't understand what tiie determination meant and
severai peopie thought thai it it ciidn't pass; nuns wouid be kicl�ut of
the residence. haracter, integriry°"how the girls live, ' '
�� `� I am going to reiterate a situation that
happened yesterday. My husband (who is aiso ogposed to this
determination passing but at the same time hates conflict) was shoveling
and a bo and ' 1 came out of the 1704 house and went to a car parked
in front of our neighbor's house. The boy got into e car an e gu
proceeded in clearing the snow off of her car. Yesterday was bright and
sunny and no snow fe11, so ce she needed to cleaz a bunch of snow off
the car and it snowed the ight before, I can safely assume the car was
pazked there a11 night. My husband stopped shoveling and walked up
ker and said that he jus� wanted to let her lrnow that regardless of how
this situation turns out, that we think you are nice neighbors. The girl
responded with that's sweet, but we don't even live here. I have to
interject here, what people do in their own house is there own business.
But �ere we have people spending the night and regardless of
contempory wording I cannot ima.gine ttiat boyfriends who spend the
nitght would be considered "ordered, disciplined living". Maybe the
couple was married, or a brother and sister;�now we aze back to the topic
of extra cars aud congestion. Again, I don't care what people do in their
homes but trying to Iiken this situation to a convent, monastery, or
religious retreat, I'm sorry but I don't buy it!
My final comments is - Who prevails here? _One house with girls that
continually rotate through every I 1 months, granted they are nice girls
doing noble work but is that enough to warrant a change and allow more
people and cars into an already congested area, and as I mentioned
before an� area not desigaed for this style of living? Or do the permanent
residents of this neighborhood and block that appose thrs determination.
We as permanent residents aren't asldng for a.nything less, we don't want
the girls to lea.ve or feel unwelcomed, but at the same time we are not
wanting fox more.
�
•
�
�
Page l of 2
08-� i�(
Yang Zhang - 1704 Palace Avenue
�From: Mike Johnson
To:
Date: 12l4/2007 1:12 PM
Subject: 1704 Palace Avenue
Ms. Zhang:
My name is Carxnar. Ccffman-Johnson and I spoke with you briefly last Friday, and am now following
• L ,_..__ _ _a: r� . • .:,... c •i,._ . .,. +t . s,. � .
ii� vVitt: fl ic�tc: .,°,�8cuu`: LL.C�. L'PI.P.1133111GL:L'22 Vl �,i:Tii:ci �150 �v :u2� vi a GT'i�70i:��
Monastery, or Religious Retreat for 1704 Palace Avenue.
Concern as a neighborhood lies with the fact that a variance to a law (no more than 4 unrelated persons
occupy a single dwelling) put in place to protect neighborhoods such as ours is being comprised. In the
past 4 to 5 years we have watched several homes in our neighborhood be purchased for rental properties,
and on our block alone, 5 have become
rental properties. Our block is all single family homes, there aze no duplexes, and no apartment
buildings. We understand that when you live in a urban setting surrounded by colleges and universities,
rental properties will. be a part of the mix, but with the 5 properties on our block, and the proposed
variance to add two more people to the 1704 house
iYs quite frankly "the straw that broke the camels back". We as a neighborhood have graciously dealt
with the issues surrounding rental properties, but this proposed determination is where we aze drawing
� the line and saying enough is enough.
Parking to say the least is a pain. 'I�he 1704 house is suppose to provide off-street pazking for 4 cars, but
the garage isn't big enough for 2 cars as stated in the Zoning Committee Staff Report, and if a car is
pazked on the parking pad (the driveway for the garage) you cannot
utilize the gazage. A couple of girls make an effort to park on a side street, but parking in general is
overwhelming. The 1704 house is 1 of 3 rental properties in a row. So with 4 people in 2 of the houses,
and 5 in one house (there is a sibling couple) that's 13 cars for the renters, add in 2 more if this
determination passes, now its 15 cars. Add in
boyfriends and girlfriends, and we can have as many as 20 plus cars parked in front of our houses. I've
seen my neighbor haue to carry her groceries half a biock because she couldn't park anywhere near her
house. Even though the streets aze public properry, we as permanent residents should be able to park in
close proximity to our houses. We are families with small children and babies, and when we have
groceries it's not l bag for 1 person, it's 8 bags for 5 people.
We also have a heavily used pazk on the next block. So shifting the cars that way really isn't a solution.
People live on that street also, and already deal with people parking in front of their houses to use the
pazk all day, every day. We aze not complaining at all about pazk
traffic, but it's worth mentioning because as stated above, shifting the cazs that direction isn't a solution,
there are too many cars in an area that wasn't designed for this type of living.
Another area of concern is with the religious aspect of this determination. We feel this is convenient
wording to manipulate the law. The 1704 property is a single family residence in a single family
• neighborhood, and regardless of how nice the girls are, and howwvonderful the program they
volunteer for, it doesn't warrant a reason to make vaziance to law and add additional people and cars to
an already congested area.
file://C:\Documents and Settings\zhang\Local Settings\Temp�XPgrpwise\47555229maildp... 12/4/2007
0�-3��1
Page 2 of 2
In closing, the last thing we want is for the Sisters and girls not to feel welcome in our neighborhood. I •
guarantee that even without legal representation and Sisters vouching for our character we are very
accepting people/neighbors, and our opposirion to this determination should not be viewed as us not
wanting them here, but rather as a group bf passionate, concerned, permanent residents wanting to
maintain the original intent of their neighborhood.
Thank you for your time!
Carman Coffrnan-Johnson
1701 Palace Avenue
Looking for last minute shopping deals? Find them fast with Yahoo! Search.
�
U
•
file://C:�Documents and Settings\zhang�L,ocal Settings\Temp�XPgrpwise\47555229maildp... 12/4/2007
D�-3�y
� St. Paui Plnnning Commission
Zoning Committee
1400 Cifiy Hall Annex
25 West Fourth Street
St. Pnul, MN 55102
To fihe Commifitee:
This letter is to raise my concerns and disapprovul regarding the recent
application for determination concerning the use of the property at 1704
PnI�C2 Ayc Tn SylZirh it :":I�� }':�l:So cjv yn� ;,�n±ee�s i ��nnpyr..w� n'.7�''S '�.'j' fMQ
�iSiei�S 6l i�'iG �Ji. SOS�(S�i; SlYfii�G4' i6 i�'iGi 6i Q COPiV2�ii rnonasfiery or
retreat. The application was considered at a meeting of the Mac-Grovelnnd
Community Council Housing and Land Use Committee on November ZSth. At
that meeting substantive nnd legal issues pertaining to the application were
+gnored or insufficiently considered. This letter is written in hopes that
those issues will be addressed at the meeting on December 6th.
. Parenthetical page and paragraph numbers below refer to the Determination
of Simi{ar Use npplicaiion, which should be consulted.
(P.1, par 2)
Six confirming bedrooms are listed. Why were no building permits issues for
conversion to six bedrooms, ns well ns other extensive improvements
performed after the house was sold in 2006? Was an agreement reached
for use of the property before it was remolded? If so, why were relevant
permits not pulled at the time the work was done? Why were city ordinance
rules not consulted prior to or following a leuse agreement between the
property owner and the Sisters of St. 7oseph?
(P 1., p 2-3)
Off-street parking is described as a two cnr garage nnd a two-car pqrking
pad. The gnrage appears to comfortably house only one cnr nnd the parking
pad is in fact n short driveway. If a car is parked in the driveway, the
garage is inaccessible. Effective off-street parking is one or two spaces. It
is nppreciated that fihe current residents attempt fio park on Davern Streefi.
However, the houses on either side of 1704 Palace are student rentals each
•
�8- 31y
with four tenants mnking n total of fourteen cars at three closely spnced •
relatively small houses at one end of a block of 15 closely spaced houses.
(P.Z&3}
The Order of the Sisters of St. Joseph and their worker program nnc! the
importance of their communnl living in the program nre described. No one
questions their moral nnd practical vulue. However, the central issue is
whether those vnlues warrant allowing increased density nt 1704 Palnce Ave.
Is the value of communnl iiving n sufficient reason to ask neighbors to
subsidize the program by granting increased density at an alrendy high
��::S:t� �^vi'i:�C?
The tenants at 1704 Pnlace change every il months. They do not take vows
or make a long term commitment compnrable to that of 4 religious order.
esignn ion as a .�-#�e v I�ateers are to
be actively engaged in social service activities rather than retreQting from
society nt IQrge.
(PP. 4-5)
In the four findings to determine whether the proposed use is in •
contormance with the zoning code, at least two appear not to be met.
Finding (b): The traffic Generated (6 cars) is more than an nverage family
use or rentnl to four or fewer non related tennnts, and parking space is
limited.
F+nding (d) The Mac 6roveland comprehensive plan "recommends that I¢nd in
the community be used to maintain and enhnnce the residentinl ch4racter of
Mnc Grovelctnd ns a single fnmily neighborhood with higher density housing in
commercial clusters and nlong busy routes." 1704 Pnlnce does not meet the
latter criteria. Also, the comprehensive pinn's position relntive to owner
occupancy of housing should be considered, if there is such n position
included.
(P.5 bottom, and pp 6-7)
The nllowed use is "to be associnted with a church, chapel, synagogue, temple
or other similar HOUSE of worship." This group is not so associnted. The
comparative properties listed in the application nre not similnr in nny way to
1704 Palnce Ave. The Minneapolis church Universal nnd Triumphant property •
03-�(y
• is a 17,000 square foot mansion on Lake Harriet Parkwny, presumable on a
Inrge lot with setbacks, and is connected to a specific house of worship and
congregation. 1977 6rnnd Avenue is on an arterial street, a bus route, amid
npnrtment buildings and businesses. Its use is not more intens+ve than
surrounding properties.
(P8, par. 2)
The application stntes that two vehicles remain in the garage cand two more
in the parking pad, which in reality is physically impossible.
;P� ��r ��
St4'FEr'i6Yii i�iai i�fiG 7i2i�j�fir3vi^�iOGfi �s �apufuted w�t� ia�'riii�es generating
traffic already. Case in point, no families on Palace Ave own more th¢n two
cars. Each street front address can accommodate approximately two
standard vehicles. A third of the houses on the block (5 of 15) are now
rental properties, and three of those are non family groupings. The Icast four
years have seen n marked trend in qbsentee ownership in the immediote
area.
, (P.9 par. 2)
The'roominghouse' question. No one claims the proposed use is comparabfe
to a roominghouse. Why then raise the question or questions aboui less or
more restrictive zoning categories?
(P. 10, par. 2)
The simple lifestyle of the occupants at 1704 Palace is a good fit for the
neighborhood and the comprehensive pinn. The proposed number of
occupants, the ii month cycle of new renters, the number of cars and their
guests is not a good fit.
The 1700 block of Palace Avenue has evolved from a completely owner
occupied to one third rentnl in the past few years. Encouraging higher
density and conversion of houses to mnke them suited to higher density
occupancy and ownership by those seeking a profitabfe investment is not
nlways in the best interest of the neighborhood and city. Neighbors benefit
from a high proportion of owner occupancy and residents feeling like they
have a voice and investment in determining the future of their neighborhood.
•
08-3 Jy
An 11 month cycle of renter turnover nnd 2 additional renters is not an .
npproprinte use of the property.
The neighbors feel strongly that the city codes should have been consulted,
planning permits puNed and the limit of 4 non retated renters enforced.
Further, the question remains about the knowledge of the city code and the
resistance of the Sisters of St. Joseph to comply with the code and their
willingness to move in a 6 worker AFTER finding out about the occupancy
limits.
�i„�e� 2!y,
Terry Hoffmnnn
•
�
o8-3jy
, St. Paul Pfnnning Commission
Zoning Committee
1400 City Hnll Annex
25 West Fourth Street
St. Paul, MN 55102
To the Committee:
T�"iE� iZi'iZi iS ia; i uiSE �'vc�t6 yiiB�iiGisS u:su Cv;c�C.��CS i�ifi'�1�ig �0 4ii Q�S�SEfCGTiOP1
for determination that use of the property nt 1704 Palace Ave to house six
volunteers in a program run by the Sisfiers of St. Joseph is similar to that oi
a convenfi, monastery, or retreafi. The nppfication wns considered at a
meeting of the Mac-Grovelnnd Community Counci{ Housing and Lnnd Use
Committee on November 28. At thnt meeting too much time and attention
were devoted to tangential or irrelevant issues like'party houses','rooming
houses', and proliferntions of student rental housing, while some substnntive
and legal issues pertnining to the npplication were ignored or insufficient{y
considered. This letter is written in hopes that those issues will be
• cansidered nt fhe henringfineeting on December bth
Pnrenthetical pnge and paragraph numbers below rsfer to the Determination
of Similar Use application, which should be consulted.
(P.i, par 2)
�ix confirming bedrooms are {isted. Why were no building permits issues for
conversion to six bedrooms, as well as other extensive improvements
performed after the house was sold in 2006? Wns an agreement reached for
use of the property before it wns remolded? If so, why were relevcint
permits not pulled at the time the work was done? Why were city ordinance
rules not consulted prior to or foilowing n lease ngreement between the
property owner and the Sisters of St. Joseph?
(P 1., p 2-3) ,
Off-street parking is described as a two car garuge and a two-c4r pnrking
pnd. The garnge appenrs to comfortably house only one car nnd the parking
pad is in fact a short drivewny. If a car is parked in the driveway, the garage
• is inncessable. Effective oft-street pnrking is one or fiwo spnces. It is
nppreciated that the current residents attempt to pnrk on Davern Street.
08 i �j
However, the houses on either side of 1704 Paince are student rentafs each .
with four tenants mnking a totczl of tourteen cars at three closely spaced
relatively smnll houses at one end of a block of 15 cTosely spaced houses.
(P. 2 & 3)
The Order of the Sisters of St. Toseph of Cronodolet and their worker
program and the importance of their communal living in the progrmm �re
described. No one questions their moral and practical value. Ftowever, the
1 ��.�� ' V 1V 11_ � 1 11 • �
i.Z�;i iJD{.IY. IS YYfIG�Fii�GI` sr�pSE VG:iiES ::�Gi'i�Q}�� 4���tqif�y ili�i`Bfl52C ��i�5f� 4�
1704 Palnce Ave. Is the vnlue of communal living a sufficient reason to ask
neighbors to subsidize the program by granting increased density at nn
already high density corner?
The tennnts at 1704 Palnce change every 11 months. They do not take vows
or make a long term commitment compnrQ e to t at o ct re rgious or er.
Designation us a religiaus retreat is problematic4l, os the volunteers are to
be actively engnged in soci4l service activities rather thnn retrenting from
society at large.
(FF. 4-5) •
In the four findings to determine whether the pro�osed use is in
conformance with the zoning code, nt lenst two nppenr not to be met.
Finding (b): The traffic Generated (6 cnrs) is more thnn an avernge fnmily
use or rentnl to four or fewer non related tenants, nnd parking space is
limited.
�inding (d) The Mac Grovelnnd comprehensive pinn "recommends that Iand in
the community be used to maintnin and enhance the residential character of
Mnc 6roveland ns n single tnmily neighborhood with higher density housing in
commercial clusters nnd along busy routes." 1704 Palace does not meet the
Iatter criterin. Also, the comprehensive plans position reintive to owner
occupancy of housing should be considered, if there is such n position
i nduded.
{P.5 bottom, and pp 6-7)
The nllowed use is "to be nssociated with a church, chnpel, synngogue, temple
or other similar HOUSE of worship." This group is not so associated. The .
comparative properties listed in the applicntion nre not similar in nny way to
�-�i�
. 1704 Palace Ave. The Minneapolis church Universnl ond Triumphant property
is a 17,000 squnre foofi mansion on Lake Harriet Parkwny, presumable on a
large lot with setbacks, and is connected to n specific house of worship and
congregation.
1977 Grand Avenue is on an arterial street, a bus route, amid npartment
buildings and businesses. Its use is not more intensive than surrounding
properties.
iP€, p�� . ?i
The appi+cntion states that two vehic{es remnin in the garnge and two more
in the parlcing pacl, which in reality is physicn[ly impossible.
(P8, por 3)
Statement that the neighborhood is populnted with fnmilies genernting
traffic niready. Cnse in point, no families on Palace Ave own more than two
cars. Ench street front address can accommodate approximafiely two
standard vehicles. A third of the houses on the block (5 of 15) are now
rental properties, and three of those are non family groupings. The last four
• yectrs have seen a marked trend in nbsentee ownership in the immediafe
nrea.
(P.9 par. 2)
The'roominghouse question, i�10 one claims the proposed use is comparabie
to a roominghouse. Why then rnise the question or questions nbout less or
more restrictive zoning categories?
(P. 10, par. 2)
The simple lifestyle of the occupants at 1704 Palace is a good fit for the
neighborhood and the comprehensive plan. The proposed number of
occupants, the 11 month cyc{e of new renters, the number of cars and their
guests is not a good fit.
The 1700 block of Palnce Avenue hns evolved from Q comp►etely owner
occupied to one third rentnl nnd sharter-term ownership in the past few
yenrs. Encournging higher density and conversion of houses to mnke them
suited to higher density occupancy and ownership by those seeking n
. profitab4e investment is not alwctys in ihe best interest of the neighborhood
and city. Neighbors benefit from a high proportion of owner occupancy nnd
p8 - 31 �j
from residents feefing like they have a voice nnd investment in determining �
the future of their neighborhood. The young women involved in the St.
Joseph Worker Program have been pleasant neighbors, but feel that six
occupnnts nt that site is not an appropriate use of that property.
The neighbors feel strongly that the city codes should hnve been consulted,
pinnning permits pulled nnd the limit of 4 non-relnted renters enforced.
Further, the question remains nbout the knowledge of the city code and #he
C65i<'ia�..i:C2 ^v� �"ii6 �SS':'Ei S Gr r Ji. �G�6N�E Gi �P9�C�Oie'Y �� C6fil�+ly WIii1 'fii2
code and their willingness to move in n 6' worker AFTER finding out nbout
rite occupancy iimits.
Sincerely,
Loren and Christine Dnnie son
1710 Pnlace Avenue
Snint Paul, MN 55105
�
�
s
Q8 3 l'-(
• Roger and Anne Celander
1711 Palace Avenue
St Paul, MN 55105
651-788-7110
St. Paul P:anning Commission
�Y1IYt� LC�iili3ii8c
1400 City Hall Annex
2c txlest F�u.� S�e�±
St. Pae1, IvrN 55102
To the Committee:
This letter is to voice our concerns regarding the application for determination that use of
the property at 1704 Palace Ave. to house six volunteers in a program run by the Sisters
of St. Joseph is similaz to that of a convent, monastery or retreat.
We aze new to the neighborhood and what attracted us most was the sense of fanuly and
• cor•..mt:aity. I wi11 say that the young women that we have met who reside at 1704 Palace
ase ve?7 pleasaut and we certainiy have respect £or their commitment to their faith and
the community at lazge.
That being said, it has very liitle relevance to the issue at hand. It is the reality of the
numbers thai are problematic. It is simply too many cars traveling and parking on our
small block. There is not a convent or monastery in existence that houses a vehicle for
each and every resident — or a retreat that does not provide ample off street pazking
spaces for its partieipants. Our neighborhood sunply can not handle the overload even
for the four residents and their vehicles, let alone allowing for two more.
We appreciate your considering our concerns in this matter.
Sincerely,
Roger and Anuie Celander
•
`12J3/2007) Yang Zhanq - 1704 Palace Zoninq appiication - please fonvard to commitee members prior to the meeting � Page 1
OS-3�Y
From: "Dion, Sue" <Dion@csp.edu>
To: ryang.zhang@ci.stpaul.mn.us> •
Date: 12/3/2007 1239 PM
Subject: 1704 palace Zoning application - please fonvard to commitee members prior to the
meeting
Attachments: 1704 facing east.jpg; 1704 from the east.jpg; pad 2 cars.jpg; closebackyard
s.JP9
Committee members;
I am a resident of the 1700 biock of Palace Avenue in St. Paul where the Sisters of St. Joseph of
Carondo(et have made a request for a zoning code change.
My husband and i, the owners and residents (along with our two minor children) of 1725 Palace Avenue
do not support the proposed application to raise the number of permitted occupants at the 1704 address
frori 4-6 unriateu adults �,y deteTii�� ti�ai i�ie use is similar to a cai�ve��i or rronasteiy or reiigious reYreat.
Please be advised ihat we do not quesYion the value of the program nor do we objecf to the Sisters of St.
Joseph housing their program on Paiace Ave. We strongly object to raising the number of permitted
occupants and find errors in the Zoning Committee Staff Report a�d do not find the application to be
accurate nor a fair representation of the true use of the property.
1. See attached photo with title'pad 2 cars'
Off-street parking is described as a two car garage and a two-car parking pad. The garage appears to
comfortably house only one car and the parking pad is in fact a short driveway. If a car is parked in the
driveway, the garage is inaccessibfe. Effective off-streef parking is one or two spaces. If is appreciated
that the current residents attempt to park on Davern Street. However, the houses on either side of 1704 •
Palace are student rentals each with four tenants makino a total of fourteen cars at three closely spaced
relatively smail houses at one end of a block of 15 closely spaced houses.
2. Similar in use to a convent or monastery
The tenants at 1704 Palace change every 11 months. Convents commitments are a lifetime. Convent
neighbors do not'rotate' out of their convents on a planned schedule nor do convent neighbors have
boyfriends that spend the night and visit. The residents at 1704 do not take vows or make a long term
commitment comparable to that of a religious order. Although the Sisters of St. Joseph adhere to the
Catholic tradition and its teachings and are directly linked to the Roman Catholic church, the program
does not require the same for iYs volunteers, no vows no oaths are required. Designation as a religious
retreat is probiematicai, as the volunteers are to be actively engaged in social service activities and
community living, they do not'retreaY' at this address but rather actively engage in community living. is
fhe value of fhis programs communa( living (a need stated by fhe applicant) a suffcient reason to ask
neighbors to subsidize the program by granting increased density in an already high density area?
Furthermore, this building is not associated with a house of worship, but rather associated only with an
Order ot Nuns. An order of Nuns are not a'house of worship' nor are they a congregation as the
application states. The'simiiar use' properties listed in the application (page 2 of 3 paragraph (a) the City
of Minneapolis v. church Universal and Triumphant is irrelevant in this case.
The comparative properties listed in the application are not similar in any way to 1704 Palace Ave. The
Minneapolis church Universal and Triumphant property is a 17,000 square foot mansion on Lake Harriet •
Parkway, presumabiy on a large lot with setbacks, and the properry is connected to a specific house of
_�
• worship and congregafion.
1977 Grand Avenue is on an arteriaf street, a bus route, amid apartment buildings and businesses. Its use
is not more intensive than surrounding properties. (see photo attachments titles 1704 facing east, 1704
from the east to gain some understanding of the propecty density on Pa{ace Ave.
Tra�c generated on such use is similar to one or more of the principle uses.
Remember the'pad 2 cars' and'close back yard' photos. The application is not accurate. The applicants
do not use the garage and pad simultaneously and one resident admitted that they can only get one car in
the garage at time. Further she stated that if they park in the garage they can not use the pad cr they have
to jockey cars any time that anyone wants to leave the property.
In BG��I±:Qf'� !lOno Cf 4ho �i irr01?± Q:4T.�r/rc�jilonCS O!7 YI?!S hIOCk h2:�g ln�rc than 'L C2fS rBf rfC�@!fif. A
household with six cars is dramatically different in use than any other neighbors traffic generation. This is
a high density block with working class families and some rental properties in addition to the applicants.
Lot sizes are 40' x 120'. It is physically impossible to maintain adequate space for 6 cars for one residence
without a significant impact fior surrounding neighbors.
Finally, it is our hope that the zoning committee members will take the time to review the proposal and the
rebuttal and fairly and accurately assess the long term impact on the residents in the 1700 block of Palace
Ave.
• Thank you for your consideration.
Sue Dion
dion@csp.edu
<http:/lwww. m n sma rt. o rg/>
�
y.-�,a� � � �a � { a
e �`.� � " 3i`
y -�```°° �e` � y �3!_..
t. �� y.R =.? _ �� �
-� ' ' - � J
a� Y.
. �' S.1 � - r �
��LC �` �
6�L� .t s �`
ev � �� ' �
� � �
� t_ _t f
- , � � Z : : -�
"E'1� : 'q� ` 1 R `j .. n=.� '� .
� � 'y � ���$��.
. - �. _ ' 0 �w,�}
Y�
,y d-" � b S� :?/�
_ _ .'��,i, �fc w Fy°' .
. . � �'s . _7�. �
� 1 - � � � i
A � r �
N S]
v 3�' t � . P .
� �.
� � ��� �
. I} �� `
�-�, '�.. �� --.'��'.���
t�� � _-.. ; . .
_ " � �
-�_-._ ..-�._
__ 1
- i Y ' P'
,.� �," :.a J . _ - _. . .. _ � . . -«
e+. � . .. ��� -. . -�__ " ' .. �
$ t �� . _. � �. __ . __ �� _— . _ g,.��.'�
a�. s* . � �. �� � . . __.._ �'.
f
+�� ." . �.� sse - �� � � v
��' � �� '- 7 .. i . . �
� ��. ,3"-x ����" -� €„
.:
� '�` 9 � �.� 'y..,, �' -s� -- - -- _ ..
8 ��
� �� ' 3 ��^ �%
9� 9 M & :
. 4`�.� 6" w �+f°::v . 5. � . .
�d !
���
e
� . 1
�� E �
m,s�l�q -- __ �
.;-�, ��a � . � . �{
'� � ~� ! �
6�.a.°'c ..,-„; .:i
S. y . __. __.-___
� �
'��'� — — �
,a
��
� �: �� � �
, �� �
;`. +
; �
� � � =
;� . .,
-- :��" �, ;
� JJ � i y _"
/! �� _
/ 4r�...�.s_ �2 = _ _
! •�.m
�r
1 3� � � �
_ e _ °' ` � -' ",-.. . ::i
�
�
� �4
S !y::
6
� :e
_ : t �f
.. ______.. `�
���
�-+...-t
`�. � .�m±i-"'---rt�::.��
H
_ y s
_ `e
* ',
� � �. '�� '� �^a
� � � - ^-..'�� o �
�
e w:- � _ �.--..�
$ ' �yx
a �'°�' �° _ --.�.�.^
+ 4, �.�.. ��'� c�
- ____._ . r3
��� v - ...-.. �
�
�
$ _ '_' �
� '
�
: -.._ �_.;_ .._ �. __,..
, '-_ _ � ._.�_ �
__ °�
__. ' _ �
— €, J s
� �
� �
_
.s. , .,. � . _ x^-
__ �
,. ` °° _ . . . - A _,,:, �
.. . �
� ;' _ �
� � a - �
s i ,i
a :, r
� 7 -
� �V^�
4 1=�
`
j . t : �
. �.. t _ '. _.. i ' _
�:� �. . . :"�� �
] � �{
- � � < ..r�'�"�"
��:
E-. �. r��'�=a :��
i
- - ' Y: s
-:b.. �__ t � �
r �i },'.;7 �-� .��e
-A ! .- � - �_ i '
��_
�� �_ �� ^--
J R �
Y �
� b ¢ q 3,i _ -
`4 i t ..-_.i
=�a� ; i � �. _..
.�f,: i . �. _ ..
-:. �..F-�."=' .. .�„_�_'
D�-3
�s -- -
� :��.:° , _
�.� Y� �
y S°y£
z
� � �
�� 4 � � "i
��� ' ��
�
� �
� :� � `�;
V � r +^ �� t .��
P
�
i � � ��� �
'„�:��'.:_M` ra..' �, -s�.<
." ;??
s9
�s�_
.. s& . -~� �: ;9� ..
� : � 'a �'.," : �
�'a �. `� �.. `:�
; A ��
- � ._�:
:,:
Y { } �
�
< �.e: a " ..z4<.�
�
�r'��
,..
., ,.
``"`��
t�
. . N—s"-9Z' ��
�
.;�afi:l � ;
!:r� .
�T
�
isiC
}��
�x .. �
���
` RY �
�
�
' �,"" a ,�",� � �' _ _
. '".—
•a'.
f ` . .
�
_ �
.
,
'_ . � _ '�'�e ¢!-�
` g �� �Y�
� �F ����2 � ��
_ �V��tr ; s ' �'-•'
4. ��
� ��t��
� �s� �
iiK� C _ _
� �A�� - . - � .
cs.w _ f . . . _ .
.P'�`.� 4 ...'�' i' . _ � -.
� ��
h-
� �� " _. ._. _ ..�lTic.. - .
�_ - � �
�,!' ^a?� i' si.�.
9_;
�
'- _
�� p �
�` r
��
. � ... .'�*o a . _..,. �` . ._,�,..
�� .. � z � y� -_
€ r gt�
� ' � � ,— _ T u�u. - -
! � t r � I
� } 4p 4e� S ; 3��� .
��� � _.
` � e x`ai � . .— ._.. __ — _..
} ����� ` c.
� .m, p � '
� k � �
�� � �
� . . , �� � ��.� � �tsR���l
,��� _ �� . :,��3Fu€;ttt4llE E
� W �
� 4 ' �
r. �
I !� i � � �
�� :
�`� �3)�1
�S
Zoning Petition
December 3, 2007
We the undersigned neighbors of 1704 Pnlace Avenue do not fnvor the
proposed npplication to ruise the number of permitted occuQnnts at the
1704 address from 46 unre(ated ndu(i by defiermining thnt the use is
sit*tilnr to that of a monnstery or religious retrectt.
Signed:
Name
� ��
�� ��.��,
�.:7�e.� 4wd G�w i1j" , �t E Q a�.el.t c�
���� ����
�ae ���
: �2�.�
.� �°�--.,�--
� � �` ^ � �
/�� s t � j�i�
� �`<� ;
',1 ,, r�l _ ' ��, � �' Z' "
�.
�.g�e,� ,�A�P�G-��
.�.�� �r�,�,�
�icid�ess
��3� ��� ��
� �2� � ��.e. ��_o
,��
_ �o .
��
1�
.r
�728 t'� �_
1 � 1 � r"a,(a.cr� �„�
( 7I Z, (�'' �a�Q .�Q
r�a-5 �'� ��� A-�-L-
/�1 �lS� �'.«—
t ��1�� Pr�L�e� ���-
� �7 Y3 � � �� � �=;�
j �3`� ;�u��,�.�. . ; ��r42 .
�
� � j . = i � -�e
��� �� �
�� ��� ��
u
r-,
�
o� �1y
�
C�
Zoning Petition
�ecember 3, 2007
We the undersigned neighbors of 1704 Pnlace Avenue do not fnvor the
proposed applicntion to raise the nurttber of permitt�d oCcupctnts nt the
1704 address from 4-6 unrelated udults by determinirig fhat the use is
simiiar to that of Q monnstery or religious retreat.
Signed:
N�„te
� �, `�-x.. .�.R�,,�
/, f�:z ���!� ���L
� ! �� ,
�� �'`_�- � ��,.�
,
� `
\ j '; i
/;:�' v'.T,1��
��
>Ru� � �
- ./�. �''- ,�.
' —
- ,,
� �;;�%'
iN' fL.1/'�_.��"'_..
�' .
R VYI W�
����2 \-a-�R� c�--
i�,-)� J�t �sr,� ��;-�
j�s 3 P�.I�u� ,�
�� 4 � �L �. i�
� �� 7
/��
����
���� �
S S[�S
S � %G�u
5� r ��
,. --, L ---
�'�v � t �� �.�
/ 'J `"�- °
�lD�
� ; � �j� �-
� h�= -
�
��� ����� �'��� /��� S���S
, / � , --
( ri t ' �? C C v ��'y � ; / . ' �
I � `�- C^ � ,�i t: .i
' �._. .
��V 1 1 G�i��`��5.,
V
�
� -� <�-�
Zoning Petition
December 3, 2007
We the undersigned neighbors of 1704 Palace Avenue do not fmor'the
proposed application to raise the number of permitted occupants at the
3704 nddress from 4-6 unrelnted adults by determining thnt the use is
similar to thnt of a monastery or re(igious retrent.
Signed:
iU'ame
�
. - j r
� V'Ji^. ��� Y
.-� . - {
^ h \ ) � �` ; � 7 7 �'� '�'Y
Address
��
d:
'''��
i� / �L�
.'rt �i
� � � � � C}, �'4k,C; j
i
� -' t°'�--
� '
- F �
�,
•
r �
L_J
Q�-3 � y
�
Letters in Support
C�
�
08'3 i�(
Carol MartFneau - I704 Palace hearing today-Anderson
Page 1 of I
From; Yang Zhang
To: Martineau, Carol
Date: IZ/6/2007 1:56 PM
Subject: 1704 Patace hearing today-Anderson
»> Connie Anderson <c-ande3@umn.edu> 12/6/2007 12:31 PM »> L ��
I am sending tt;;s email to say that I am COMPLETE�Y SUPPORrn� �f �ti S��-c� s
of St: Jos�ph rQ�� � ie n�use at i704 paiace. There is a VERY VOCAL
neighbor with a petition who is adamantly opposed to the rental. MANY of the
QUIETER neighbors are in complete sur,,;,; ��; t,yE g�sgers.
Connie Anderson
1707 James Ave. across the alley from 1704 Palace
�
•
•
file://C:1Documents and Settings\cmartine.STPAUL�I,ocai Settings\Temp�grp�se14757.,. 12/6/2007
p� �y Page 1 of i
Carol Mart - F 1704 Palace-Rees
� ----
From:
To:
Date:
Subject:
Yang Zhang
Martineau, Carol
12/6/2007 1:57 PM
Fwd: 1704 Palace-Rees
»> Dick Rees <musik4u@hotrnail.com> 12/6/2007 12:40 PM »>
Friends....
My name is Dick Rees and I reside (since 1987) at 1707 James Ave, across the al(ey from 1704 Palace. I wouid
like to weigh in IN FAVOR of the proposed usage by the Sisters Of St Joseph of Carondelet as a religious
retreat.
1. This wonderful organization, dedicated to the improvement of the human condition and the spiritual well-
being of mankind, deserves our support.
2. As a long-term lessee of the property, the Sisters would help provide stability and continuity in the
neighborhood. No properry flipping, no dealing with college "party houses" . Rather, residents who are
dedicated to a program of stewardship and positive endeavor in society.
3. Having known the previous residents (who attended daily Mass at Nativity Parish for 60 some years) I find
this proposed usage would be favorable to them somehow and continue their legacy of concern for the
��eighborhood and the staie of society in genera(. I� is a fitting tribute in their memory.
I have fieard some arguments against the issue and find them generally to stem from frustration with incidents
and occurrences which pre-date the present residents. I understand the issues but consider them less Yhan
relevant to the current matter at hand. This proposed use is good for the neighborhood, good for the City,
good for the Nation and good for mankind.
We should definitely support the proposed issue.
Sincerely,
Dick Rees
1707 James Ave
St Paul, MN 55105-2114
651-698-8349 home
651-335-5664 cell
musik4uCa�hotmail com
•
file://C:�Documents and Settings\cmartine.STPAUL�L,ocal Settings\Temp�XPgrpwise\4757... 12/6/2007
_ '
(1/30/2008) Yang Zhang - file name: Sister of St Joseph of Carondelet Page 1
�-3 jy
From: "RYAN PATRICIA" <pryannp@msn.com>
To: <yang.zhang@ci.stpaul.mn.us>
Date: 11/13/2007 6:58 PM
Subject: file name: Sister of St Joseph of Carondelet
CC: <pryannp@msn.com>
Dear Zoning Committee,
f am a co-owner of 1679 Palace Ave; St Paul, MN 55105. In regards to
the file name Sister of St Joseph of Carondelet. I am IN FAVOR of their
intention to use the property at 1704 Palace Ave in a way similar to a
convent, monastery or religious retreat.
If ! need to submi± this in writing by MAIL to the Zoning Ccmmittee,
please email me 4ack and !Pt me kn�w so that i �?„ rin th2Y 2ISC.
Sincerely,
Patricia Ryan
1679 raiace Ave
St Paul, MN 55105
612-741-OS46
•
.
n
U
� ��� Page 1 of 2
Yang Zhang - RE: File #02-194-057
u��,:�..�_,.✓-u��,:e..� ��.:�:�_.,
• From: Patty Hanson
To: Yang Zhang
Date: 11/13/2007 5:38 PM
Subject: RE: File #02-194-057
Thanks Yang! I look forward to the emaii.
As you are most !ikely aware, we have had a number of rentai houses in our neighborhood, and some in the
ncir�hh�n,rhCCG� F1ZV hd� ISSU.°.5 :"'ii{� t �• ' •-� � � s �:`.
u,� ^Qi52� 3�iv ec�Cd vi Co�70iui't7iuiy v�� ���e �a � of both ne rencai
homes owners and renters. I know that when the permanent residents hear that property has become a rental
for mulitple folks, usually college students, we collectively groan.... Some of my neighbors are much more vocal
they groan louder, and call, write letters, etc. For myseif, I know the Sisters of St ]oseph, I know the worker
program, and I know Irene O'neill from the Foundation. I cannot imagine that these folks would consider
housing people in the neighborhood that were not capable, and reliable.
I do have more to say on this, but I will hold off until I get the report.
Thank you for letting me at least partially air my views. More Later!
Pat Hanson
L�
Date: Tue, 13 Nov 2007 17:06:27 -0600
From: Yang.Zhang@ci.stpaui.mn.us
To: cheshire_kitten_grin@liotmail.com
Subject: Re: File #02-194-057
Hi Pat,
Thanks for your email! IYs good to hear neighbors are involved and care about the community.
Essentially the application is for a permit to house up to 6 volunteers in the St. Joseph's Workers
Program at 1704 Palace. The applicant stated that it is similar to a convent or monastery, which are
permitted uses in single-family zoning districts.
We are currently working on the staff report on the case and should have it available by Thursday. I
will email you a copy once the report is done.
Thanks!
Yang
� Yang Zhang, City Planner
Department of Planning & Economic Development
City of Saint Paul
25 West Fourth Street, Suite #1100
file://C:\Documents and Settings\zhang\Local Settings\Temp�XPgrpwise\4739E113maildp... U30/2008
Yang Zhang - Fw 1704 Palace Ave.
-� �� -
From:
To;
Date:
Subject:
"Kathy Furey" <furey001@umn.edu>
ryang.zhang@ci.stpaul. mn. us>
11/13/2007 4:56 PM
Fw: 1704 Palace Ave.
---- Original Message --
From: "Kathy Furey" <furey001@umn.edu>
To: <zang.zhang@ci.stpaul.mn.us>
Sent: Thursday, November 08, 2007 636 AM
Subject: 1704 Palace Ave.
n
�J
Sounds wonderful to me! Am looking forward to meeting these youn,g people,
perhaps praying with them, sharing a dinner now and then. (I'm hoping to
iive in a faiin-based community myseii once my more iniense parenting days
are over.)
They will 6e a visible sign of what the world needs to look like if we truly
want peace-generosity, living simply, community service.
What a great opportunity for them and for the neighbors who will share in
their ministries.
isters
with the spirit of Dorothy Day!
Sincerely,
Kathleen L. Furey, RN, BA, CNM, MS
1679 Palace Ave
St. Pauf, �N
•
•
�'–¢��' , ���
.: = _ _
�--- � ,.� A
.,
– -- – __ $s..
�i
--- – � �
r � � �
1 i , � -= _ - = - -
� V
�
�.:
, �
e(.. '.'
� �_
,
� I I � �.�`:.
> J
i�, �� � \
� (
�� � e' a � @ `''9
� �� � P � �
� �{'� � s f � a����lR����,. � ���' �`w �"
� �r .nF �e 1 � � w � �� _
c � __[`� x l �a3�a' � ���}��T '? - "
. ., } ^_°� s _
�
� �SS 'c F:.:c.� - - �
tt .
. _ _ r � ' - .. < _ � - _ _ _ — . .
i -
,— .. .___..
��. .. �r — — .
. . .. ' :'_ ' - - .
_ .-,
___ '-, _ .. ._ � - . : _ . , •,-
C
_ r:r�� m�'�, ! a'}� � .d " �.�C'A \��R °
!�i�° �. a?� � ��ifk °'•
' � �'�+.,.^ a�' .. _" �� � ^ ..
_ . ,. . ._ .,., � � _....\ '; '.:.` ..'.
. �- . . . - _ :. . ._..—.._ _ � <.:; . - . !_
€; -�j -
�'
... — --
;..,,a:,_ __.- .
��--�;---- -
`_,. ' - -
� 1
�,z
� � � \ � '
� � � � �
4� � � L�
I ^ -+ � ` � .
� �,> �
� � '
,I
T . '.
� l'l ..
. .. .. . . ._ .�.:�'..... _. . ..__ `..` � j
d8--3 �y �. .
11.
' I 10.
CITIZEN PARTICIPATFO DIS RIGTS
0
MERRIAM
15;
�
16.
�
�
,
�.
�
u
�
�_
CITIZEN PARTICiFATION PEANIVING RISTRICTS
1.SUNRAY=6RT7LECREEK-HF6HWOOD -
2.6REATER EAST 5.IDE . �
3.WE5T SIDE
4.DAYTON'S BLUFF .
S:PAYNE-PHALEN. - .
6.NORTH EA�6 '
7.THOMAS=BALE
8:SUMMIT-UNFVERSITY �
9:WE5T SEVENTH
l�. COF10
11.HAN(LINE-MIDWAY
12_ ST. ANTtIO�tY
ERftIAM FK.-L�kIMGT�N HAMLINE '
(� 14.. OV€LANQ�MACALESTEit � • •
HIGHLAND
96:SUMMI7 HILL �� } 9 y 4S7
17.00WNTOWN
,�,�___.,_ _..._.:_,_.�__m_ ,.-- �
= _ .._ �� � -- _, _- .-°_ �
� �- o � � 6=� =��.o�� c5 �--
� �
; �
� C)"L} O ��O O ��^ �C; J � ,�
_ _ _ .,,a_�,.� �
�
�,P�ucarir sis"�r' � 'S� ..�O�A;''�
'URPOS[ DS G�
=1L f: �� -I�yUS7 DA7E /r ��
'� GIST— � � P.tAP :, � � .
�
� ' c
� �' �e�;��
S :� r^ .
�� � �.
� :,; ry' rss
� ;� t� ,�
��t'�� ,
��
��,. ,.,. {,.,, C�`, .
.U�, ,�.,� w
�" ( !r? . �✓ i
��
"� (?'� � ° � r=:
�� ���
LEG�NO
�� zoning d�slrict Coundary
CO-CZT17� subjzd prope;,y
0 on� (zmily
¢ C.vo family
}�¢ (� 7nultiplz (amily
��,
— _i
�
�� ol; t`�
• A ^ COmrt1=;:i2'
9 .a.o indusiri3:
V v2cd�!
�
i�C
i
�
—�—
t
�`.+(�
�� � -- � �� � ���o
_ , � � ��
� a� Ic c� � o�c��a c����c���
���
From: mtbecker <mtbecker@infioniine.net>
To: <yang.zhang@ci.stpaul.mn.us>
Date: 2/5/2008 9:04 AM
Subject: 1704 Palace Ave appea!
Hello!
We live across the alley from the home that is being utilized by the Sisters of St. Joseph of Carondelet.
We have found the young women who reside there to be good neighbors who are respectFul of their
surroundings (unlike other neighborhood homes that are rented to non-relative students and often have
noise and garbage issues). We appreciate their volunteer work in the community are grateful to have
such good neighbors.
Please convey our support for the Sisters of St. Joseph to use this home as a residence for their
community service workers.
Thank you.
Mary Becker and Ricardo Salazar
? 703 Jz,mes Rve
St. Paul MN 55105
(2/6/2D08) Yang Zhang - 1704 Paiace Q�- � j�..( Page 97
From: Connie Anderson <c-ande3@umn.edu>
To: <yang.zhang@ci.stpaul.mn,us>
Date: 2/5/2008 8:06 AM
Subject: 1704 Palace
To the City Council:
I was very dishearfened to hear that Winston Kaeh(er has requested an
appeal of the Planning Commissions decision in favor of the Sisters
of St. Joseph at 1704 Palace. I am completely supportive of the
Sisters renting the house for their voiunteer program. These
volunteers give up a year of their life to work on service projects
with the Sisters. The community should be supporting these
volunteers. The Sisters of St. Joseph have been teaching, nursing and
doing other charitable work here in St. Paul since the 1800s. Since
it has become out of fashlon for young women to become nuns, the
Sisters have created this service program to assist them in their
Ch8f1±2FJ�° .Of�C. � FOB� i�8 `JJC�� ��i850 Vr'6��i^cil 8f^c'�iOiiiQ iS Oi iTiJCii
value and I am happy to have them across the alley. They have been
exemplary neighbors. I hope to have their continued presence at 1704 Palace.
Sincerely,
Connie Anderson
1707 James Ave.
Sainf Pauf, MN 55105
Yang Zhang
St Paul Department of Planning and Economic Development
25 West Fourth Street
St. Paul, MN 55162
To the members of the committee,
I fuily support your December decision in fa�or of the occupancy
variance granted to the St Joseph Workers for 1704 Palace Avenue. I know
of no substantive changes regarding the issue and regret that you have been
asked to reconsider.
i iiavc iTic� aiit"� Sj'�G�C2ii'vvieii i.�"'ic5c yul.i�t� WGYYt@fl d"I1C�t COT2S14CT �lleri7 �O De
an asset to the neighborhood, the city, the nation and humanity, T encourage
them in their humanitarian endeavors and assume from your original
decision that you also see merit in their work.
Any further issues I feel shouid be resolved within the neighborhood.
These fine young people have been amenable to every reasonabie request
regarding parking and neighborhood issues. I cannot imagine that they will
present problems on the block. Other rental properties may ha�e caused
some probiems in ihe past. I would not let these past issues sway my
suppert fcrAnna, �TJendy, Krista, Katy B and Katy I�.
Sincerely,
Dick Rees
1707 7ames Avenue
St Paul, MN 55105