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08-986Council File # ��' �O(// Green Sheet # ,3n �� RESOLUTION ci�r Presented by �UL, MINNESOTA ID 1 WHEREAS, Cazol Lansing, Faegre & Benson LLP, for Life Time Fitness, Inc. has applied for a 2 variance (File No. 08-045914) from the strict application of the provisions of Section 63.207 of the Saint 3 Paul L,egislative Code pertaining to a variance of the off=street parking requirements (the proposed uses 4 require 392 off=street parking spaces, 276 spaces aze provided), for a variance of 116 off-street pazking 5 spaces in order to expand the existing fitness center, add a new cafe and to a11ow the fixll occupancy of 6 unused office space in the B2 zoning district at 2145 Fard Parkway legally described as SAINT 7 CATHERINE PARK LOTS 16 THRU 30 BLK 8; and 9 WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on Apri17, 2008 10 pursuant to said application in accordance with the requirements of Section 64.203 of the Legislative Code 11 and continued the hearing far thirty (30) days; and 12 13 WHEREAS, on May 19, 2008 the Board re-opened the public heazing and heard additional 14 testimony from the applicant and neighborhood residents; and 15 16 WHEREAS, the Saint Paul Board of Zoning Appeals based upon evidence presented at the public 17 hearing, as substantially reflected in the minutes, made the following findings of fact: 18 19 1. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 2. 35 36 37 38 39 40 41 The property in question cannot be put to a reasonable use under the strict provisions of the code. Life Time Fitness is proposing to expand the fitness center in the basement into existing common area and tenant space. They are also proposing to add a cafe primazily intended for use by building tenants and fitness members. The applicant does not anticipate the membership of the fitness center to increase significantly with the addition of these amenities. There is also about 12,000 square feet of vacant tenant space that they would like to lease as general office space. The Zoning Code requires a total of 392 parking spaces for the existing and proposed uses. The property has 266 spaces auailable in the ramp and 10 spaces in the surface lot on the west side of the site. This building was constructed many yeazs before Life Time Fitness owned the property and it has arguably never had enough parking to meet the code. The current proposal would allow the building to be fully occupied with a mix of uses needed to make the property economically viable. The proposed uses are reasonable and permitted uses for the property that cannot be accomplished under the strict provisions of the code. The plight of the land owner is not due to circumstances unique to this property, and these circumstances were created by the land owner. This building requued variances and Site Plan Review in order to build which were subject to various appeals. At that time the City Council placed a condition on the approval that the individual tenant spaces could only be occupied until the available pazking was used up. Once the parking was used up the remaining tenant space must remain vacant until the parking was re-addressed. The current property owner purchased this property in 2005 and was or should have been aware of the 6S���S� 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 4. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 5. 80 81 82 83 84 85 86 6. 87 restrictions and conditions on the property. Any hardship incurred through the denial of this variance request is self imposed. 3. The proposed variance is not in keeping with the spirit and intent of the code, and is not consistent with the heaZth, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. Testimony from neighboring property owners indicates that there are existing parking problems with patrons of Life Time parking on residenrial streets and not in the parking ramp. Further, Highland Pazkway is a developed azea with many azea businesses using limited street parking. Expanding Life Time facilities and adding more tenants in the building would exacerbate this problem. The requested parking variance is not in keeping with the spirit and intent of the code. The increase in traffic generated by the proposed expansion would also affect the health and welfare of neighborhood residents. 772e proposed variance will not impair an adequate supply of light and air to adjacent property, nor will it alter the essential character of the surrounding area or unreasonably diminish established property values within the surrounding area. The proposed parking variance will not affect the supply of light or air to adjacent properties. Life Time Fitness submitted a parking study conducted on Tuesday December 18, 2007 from 7 AM to 8 PM. While a one-day study is not sufficient to establish a definitive parking pattern, one can draw some general conclusions from the data It appears that the peak hours for parking demand occurs in the morning for the clinic, bank, and office uses and that the peak hours for the fitness center occurs in the afternoon and evening. These non-concurrent peak hours help to mitigate any parking space shortfall. Among the conditions currently placed on Life Time Fitness's business license is one that requires the license holder to provide two-and a-half (2 1/2) hours of free ramp parking and incremental payment a8er the free time for all patrons of the fitness center. The Highland District Council expressed a concern about the fitness center's members parking on the surrounding residential streets. They recommend approval of the parking variances subject to two conditions: 1) Reaching out to Life Time members through a mailing and signage to remind them of the free parking and to discourage them from parking on the street and 2) Establish an on-going dialogue with neighboring residents to address any problems. With these provisions, the proposed parking variance would not change the character of the neighborhood or have an adverse impact on surrounding properties. The variance, if granted, would not permit any use that is not permitted under the pYOVisions of the code for the property in the district where the affected land is located, nor would it alter or change the zoning district classification of the property. The existing and proposed uses are permitted within this zoning district. The requested parking variance would not change or alter the zoning classification of the property. The request for variance appears to be based primarily on a desire to increase the value or income potential of the parcel of Zand. b�- q8�v gg 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 The applicant states that the primary desire of Life Time Fitness is provide a better experience for its current members and to utilize existing vacant tenant space. However, improving the facility for members could be accomplished within the existing foot print of the facility and without full occupancy of the office space and therefare without the need for such a large parking variance and it appeazs that their primary desire is to increase the income potential of the property. WHEREAS, Pursuant to the provisions of Leg. Code §61.702(a), Cazol Lansing, Faegre & Benson, LLP for Life Time Fimess on June 12, 2008, duly filed with the City Clerk an appeal (File No. 08-093885) from the determination made by the BZA, requesting a hearing to be held before the City Council far the purpose of considering the actions taken by the said Board; and WHEREAS, Acting pursuant to Leg. Code §61.702(b), an upon notice to affected parties a public hearing was duly conducted by the City Council on August 6, 2008 where all interested parties were given an opportunity to be heard; and WHEREAS, the City Council closed the public hearing and laid the matter over to August 13, 106 2008;and 107 108 WHEREAS, the Ciry Council then laid over the matter to August 20, 2008; and 109 ll0 WHEREAS, The City Council, having heard the statements made, and having considered the 111 variance application, the report of staff, the record, minutes and resolution #08-045914 of the BZA, does 112 hereby 113 114 RESOLVE, That the Council of the City of Saint Paul does hereby reverse the decision of the BZA 115 in this matter, based upon the following findings of the City Council: ll6 117 118 114 120 121 122 123 124 125 126 127 128 129 130 131 132 2. 3. � Board of Zoning Appeals erred in their decision because Life Time Fitness did not develop the property, but rather purchased the property in 2005. Further, the Highland Parkway area has had parking shortfalls that date back prior to Life Time Fitness' purchase of the property. Therefore, the parking shortage in this area is due to the unique character of the property and not created by Life Time Fitness. The Board of Zoning Appeals erred in their decision because, with the addition of the license conditions, the parking shortfall in the neighborhood will actually improve. Therefore, the proposed variance is in keeping with the spirit and intent of the code. The Board of Zoning Appeals erred because the requested variance is not based primarily on a desire to increase the value or income potential of the property. The variance conditions will improve several areas of concerns and overall will have a positive impact on the surrounding neighborhood. Life Time Fitness needs the variance to expand their business which will improve the appearance and functionality of the location and improve the neighborhood. The Plaza ramp, which is attached to Life Time Fitness, is greatly underutilized and, therefore, the perception of a lack of parking is exaggerated. o�-y��o 133 134 135 136 137 138 139 140 141 6. The perception of a lack of parking will be greatly improved by the conditions of the pazking variance which have the goal of getting patrons of Life Time Fitness and The Plaza to park in The Plaza parking ramp. 7. In addirion to pazking spaces, the vehicular traffic in the surrounding area causes other problems in the neighborhood. These problems are also addressed by the conditions attached to the pazking variance. And be it 142 FURTHER RESOLVED, That the appeal of Carol Lansing, Faegre & Benson, LLP for Life Time 143 Fitness be and is hereby granted; and, be it 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 FURTHER RESOLVED, that the parking variance is granted on the following conditions: 2. 3. 4. 5. 6. 8. 9. 10. 11. 12. 13. Life Time Fitness will strongly encourage its members to park in The Plaza ramp, including but not limited to , posting fixed notices in the club and ramp and issuing member communications on at least a quarterly basis. Life Time Fitness will work with tenants, including developing leasing provisions to post parking guidelines in the ramp on a stand-alone basis or in conjunction with a group of tenants, which may include Life Time. Life Time Fitness will work with tenants, including developing lease provisions to encourage their patrons to park in The Plaza ramp. Life Time Fitness will offer a minimum of three hours of free parking per day in the ramp for its members. Life Time Fitness will provide free parking for its employees and independent contractors in The Plaza ramp, and initiate reminders that they use the ramp while working or otherwise using the club. Life Time Fitness shall communicate its expectations to employees and independent contractors that they park in The Plaza ramp through several methods, including but not limited to new employee orientation materials/sessions, reminders at staff meetings, and other staff communications. Life Time Fitness will provide an allocation of free parking spaces to tenants in The Plaza ramp as a component of lease agreements. Life Time Fitness will work with tenants to encourage that they offer free parking to their customers and post parking guidelines encouraging customers to park in the ramp. Life Time Fitness will keep the ramp open 24 hours per day, seven days a week with posted signage. Life Time Fitness will install lighting shields on all pertinent owned light fixtures that minimize light impacts on neighboring properties. Life Time Fitness will hire security personnel to monitor the ramp from 8:00 p.m. to 6:00 a.m., seven days a week. Life Time Fimess will offer a ramp escort service seven days a week between 10:00 p.m. and 5:00 a.m. upon customer request. Life Time Fitness will install fencing on the top of the ramp to prevent individuals from throwing debris off the ramp or building into the surrounding neighborhood. 6� ��810 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 14. Life Time Fitness wili have its garbage collected two times per week. Garbage shall be stored inside on non-collection days. 15. Life Time Fitness will participate in the City's recycling program and have its recyclables picked up a minimum of one time per week. Recyclables shall be stored inside on non-collection days. 16. Life Time Fitness will work with the City to rebuild the speed bumps in the alley. 17. Life Time Fitness will require that all truck deliveries to the building be executed on the Ford Parkway side, not in the alley. In addition, Life Time Fitness shall encourage all truck traffic to the building not to use the alley way. 18. Life Time Fitness will contract with an outside vendor to maintain proper snow removal. Snow storage shall not impede available parking spaces. 19. Life Time Fitness will not apply for a Wine and Beer License in connection with the operation of its LifeCafe — an amenity that is marketed only to members — to be located in The Plaza. 20. Life Time Fitness will host semi-annual meetings with designated neighborhood representative(s) to ensure an open and ongoing line of communication. 21. Life Time Fitness will install bicycle racks on site to promote biking. 22. Life Time Fitness will install security cameras in the ramp. 23. Life Time Fitness will consult with the St. Paul Police Department for recommendations on ramp security measures including, for example, modifications to security cameras. 24. Life Time Fitness will consult with the St. Paul Public Works Department and/or applicable city deparhnents to discuss identified traffic and pedestrian flow matters pertaining to The Plaza. 25. Life Time Fitness will strongly encourage its members to use non-motorized transportation, such as biking, walking and public transit, to promote a reduction in vehicular traffic within the surrounding neighborhood. 26. Life Time Fitness will report to the City by September 30, 2008 on its adherence to existing conditions from past City resolutions regarding the building and use. 27. This parking variance will need to be resubmitted in the event of a change in use for the fitness center. 28. Life Time Fitness will institute a rewards-based system to encourage members to use the ramp. li �/ 213 FINALLY RESOLVED, That the City Clerk shall mail a copy of this resolution to Carol Lansing, 214 Faegre & Benson, LLP for Life Time Fitness, the Zoning Administrator, the Planning Commission and the 215 BZA. Absent Requ� y aento£ �� � � / � By: Approved by the Office of Financial Services Stazk Thune Adopted by Council: Date q Adoption Certified by Co cil Secreta.ry BY� � ri Approve y y. Date — 6 /�! U6 By: By: App by C�ity �Attorney B : � �Ci4t.� \ �LVI?M Y Approve b o Submission to Council BY� `n � I%�t�� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � a8 �9�1a DepartmenUoffice/wuncil: DatelnHiated: ca -�.A�m� 29-AUG-0S Green Sheet NO: 3058841 Confact Person & Pfione: Rachei Tiemey 266-8770 Must Be on uncil Agenda by (DaG 10SEP-08 Doc. Type: RESOLUT� E-Document Required: Y Document Contact: Julie Kraus Contact Phone: 266-8776 � a.nuawrcm aena w rerson mmawau 0 ' Attorne i Assign 1 ' At[orne De artment D'vector ( Number 2 � Attorne For RoWng 3 p�7aYOr's0ffice I MaYOr/ASSisiant ��� 4 ouncil 5 ' Clerk C5 Cluk Total # of Signature Pages _(Clip All Locations for Signature) Memorializing City Council's morion to reverse the decision of the Boazd of Zoning Appeals in this matter and grant the pazking variance with conditions to Life Time Fitness at the property commonly lmown as 2145 Ford Parkway. Planning Commission CIB Committee Civil Service Commission 1. Has this person/frm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this personlfirm possess a skill not normalfy possessed by any current ciry employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Councii is required pursuant to City Charter to have its acfions reduced to a wriring dependent upon the nature of the matter before it. The decision of the Council in this matter required a resolurion in order to comply with the Charter. Approval of the atta.ched resolution fulfills the City's duty under the Charter. Advantages If Approved: City Charter requirements will be met. Disadvantages If Approved: None. Disativantages If Not Approved: Failure to approve the resolurion violates the City's Charter requirement. Transadion: Funding Source: Financial Information: (Explain) CosURevenue Budgeted: Activity Number: �������� �� � � L��� �-�f��r �,3�z�� August 29, 2008 11:35 AM Page 1 DEPARTMENT OF SAFETY AND MSPECTIONS !�(/ /v, g� Bob Kessler, Director ��� � �� CITY OF SAINT PAUL ChristopherB. Coleman, Mayor June 20, 2008 Council Research 310 City Hall St Paul NIN 55102 Dear Mary Erickson: COMMERCEB(IILDlNG 7'elephone: 651-266-9090 8 Fourth Saeet East, Suite 200 Facsemile. 651-266-9124 StPaul,Mintteaom»107-T024 Web: wwwsapauLzwldsi I would like to confirm that a public heazing before the City Council is scheduled for Wednesday, August 6, 2008, for the following zoning case: Appellant: Carol Lansing, Faegre & Benson LLP, for Life Time Fitness Zoning File #: 08 093885 Purpose: Location: Staff: District: Board: An appeal of the Boazd of Zoning Appeals decision to deny a parking vaziance for an expansion of a fimess center, a cafe addition, and filling the remaining tenant spaces for offices. 2145 Ford Pkwy Recommended approval. Disttict 15 took no position on this matter. Denied the variance on a 6-1 vote. I have confirmed this date with the office of Council Member Pat Harris. My understanding is that this public heazing request will appear on the agenda of the City Council at your eazliest Convenience and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Thank you! Sincerely, John Hazdwick Zoning Specialist AA-ADA-EEO Employer NOTICE OF PUBLIC �ARraG The Saint Paol City Councll will con- duct a public h ar�n� on Wednesday. Au- gust 6, 2608, at 5:30 pm. in the City Council Chambexs, TYtird Floor, City Hallj Coiuthouse, 15 West Kello�g Boulevard, St. PaUI, MN, to consider the appe2l of Cazol Lansing, Faegte & Benson LP, .for Lifetime FYtness, to a decision of the Board of Zo ninq Appeals denying a parlang vari- ance for an expansion of a fitness center, a� addition, and filling the remaurin� tenant spaces for offices af 2145 Ford Parkway. [� 08-093885] ' Mazy Erickson � Assistant Ctty Council Secretary Dated: June 16, 2008 ' (June 19) —___'= 31: PAUL LEGAL IEDGER =-- � 2217t/584 _ I i DEPARTMEN'P OF SAr�'RTY Bob Kessler, Director sa�nr Y:\til. � AA�11 CITY OF SAINT PAUL G7uistopher B. Colemmy Mayar June 20, 2008 Council Research 310 City Hall St Paul MN 55102 Deaz Mary Ericksoa: COMMERCEBUZI.DING 8 Fowtlz StreetEas� Suite 200 S1Pm� M"vmesota55101-1024 U� V' '-� "' Telephoxe: 651-2669090 Facsimile: 631-266-9124 Y�eb: wrvw.smmd.rw/dri I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, August 6, 2008, for the following zouiug case: . Appellant: Cazol Lansing, Faegre & Benson LLP, for Life Time Fitness Zoning F�le #: 08 093885 Purpose: • Location: Staff: District: Boazd: � An appeal of the Boazd of Zoning Appeals decision to deny a pazking variance for an expansion of a fitness center, a cafe addition, and filling the remau�ing tenant spaces for offices. 2145 Ford Pkwy Recomtnended approval. District 15 took no position on this matter. Denied the variance on a 6-1 vote. I have confumed this date with the office of Council Member Pat fIarris. My understauding is that this public hearing request will appeaz on the agenda of the City Council at your earliest Convenience and Yhat you will publish notice of the hearing in the Saint Paul Legal Ledger. Thankyou! Sincerely, Joltn Hardwick Zoning 5pecialist AA-ADA-EEO Employer T { Variance Request for Continuance Boazd of Zoning Appeals GO 7ohn Hazdwick Department of Safery and Inspections City of Saint Paul Commerce Building 8_ East 4th Street, Sitite 200 Saint Paul, MN. 55101 Re: Zoning Fiie # 08-045914 Dear Council Members: I request that the public heariag schedule�.for 7uly 16 2008 on the referenced Zoning File be -`. continued to August 6, 2008, or for a period not to exceed 30 days. , I am awaze of the requirement that fhe City must make a final decision on this matter widun fhe statutory time limits stated in 1Vlinn. Stat. § 15.99 (1995). The City has already exercised its statutory right to extend tfie 60-day deadline provided in that statute hy an additional 60 days. In addition, we ha�e previously requested a 30-day eartension for a continuance at the Boazd of - Adjustment. Thus, as a resutt of those two prior exterisious, the current deadline for the City's decision on this matter is August 14, 2008 (see fhe enclosed leiter from John Hazdwick daxed May 21, 2008). In order to accommodate our request for continuance of the public hearing on our appeal to the City Council, we hereby agree to extend the deadline of our rights to a final decision an additiona130 days to September 13, 2008. Su?cer�ly, � Signature of Applic or Applicant's representative ��, �.o�,n,s : � -( 'q 3cnso,a , 4 �-�P Printed name of Applicant or representaiive c����lo� Date of request. � � • � FA EG R E . (�' �b�� BENSON lLP UNITED STATES � ENGLAND I GERMANY � CHINA CAROL LANSAIG CL.�smgQfic$e.com (612) �6Cr7005 June 12, 2008 By Messenger Zoning Administration Department of Safety and Inspections Commerce Building 8 Fourth Street E., Suite 200 Saint Paul, MN 55101 Re: Appeal by Life Time Fitness of Decision of Board of Zoning Appeals Regarding Parking Variance for 2145 Ford Parkway • Please fmd enclosed with this letter an Application for Appeal of the decision of the Board of Zoning Appeals in the above matter, File No. 08-045914. The appeal application includes the attached documents: l. Application for Appeal Form; 2. Statement of Appeal; and 3. Appeal application fee in the amount of $435.00. Please let me know if you require any additional information or have any questions regarding this appeal. Thank you. Very huly yours, �G� Carol Lansing • c: Life Tune Fitness, Inc. Yb.us.2976678.01 2200 WELLS FARGO CENTER I 90 SOUTH SEVENTH STREET I MIINNEAPOLIS M7NNESOTA 55402-399] TELEYHONE 612-766-7000 � FACSIMILE 632-766-l600 I�'H'K'�FAEGRE.COM ,,,�.T � .� t t. � tlt AA�, Y r CITY OF SAINT PAUL Qrristopher B. Cdema�, Mayor May 21, 2008 DFFARTMENT OF SAFETYAND INSP&CfIONS Bob %'essler, Drrector 8Fow7hStreeiEarK Surre200 St Pm� M'smesota55101-1024 Telephorse: 651-2669090 . Faawxiie: 651-266-9124 Web: www.atomdrov/dsi Carol I,ansing Faegre & Benson LLP 2200 Wells Fazgo Genter 90 South 3eventh Sireet Minneapolis, MN 55402-390i RE_ Variance application for Life Time Fitness, 2145 Ford PI�WY Zo nina File # 08-045914 Dear Ms. Lansing: I understand that you• intend to appeal the Boazd of Zoning AppeaLs decision to deny the • referenced variance applicatioa. T12erefore, pursuant to State Statute 15.99 we aze e�nding • the.deadline for aetion on the referenced zon,� application an additional stxty (60) days in order to allow the City Council to fieaz the appeal. The new deadline is August 14 2008: If you have any questions regarding this matter yo� may contact me at 651-2fi6-908Z. Sincerely 7o Hardwick, Zoning SpecialisE . AA ADA EEA Employer s,.i rr rnc�. � AAAA • C� DEPARTMEtv�NTTTT OF SAFETY Bob Kessler, Directar CITY OF SAII�iT PAUL ChristbpherB. Caleman, Mayor 7une 16,2008 Council Research 310 City Hall St Paul MN 55102 Dear Mary Erickson: COMMERCEBUILDING 8 Fmvt& StreetFa.q S�dte 200 StPm.b M'�esota55101-1024 V'J/ ��� Telephone: 651-26fr9090 Facrin:ile: 651-16b9124 lYeb: ww�v.s7naul.ew/dri I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, Tuly 16, 2008, for the following wning case: Appellant Carol Lansing, Faegre & Benson LLP, for Life Tnne Fitness Zonntg File #: 08 093885 Purpose: An appeal of the Board of Zoning Appeals decision to deny a pazldng variance for an expansion of a fitaess center, a cafe addition, and filling the remaining teuant spaces for offices. Location: Staff: Disirict Boazd: 2145 Ford Pkwy Recommended approvai. Dishrict 15 took no position on this matter. Denied the variance on a 6-1 vote. I have confirmed this date with the office of Council Member Pat Harris. My understanding is that tius public hearing request will appeaz on the agenda of the City Council at your earliest Convenience and that you will publish notice of the hearing in the Saint Paul Lega1 Ledger. Thankyou! S', e y, � J H wick Zoning Specialist AA-ADA-EEO Employer Sa]NTI ��v� I � R9��R� APPLICATION FOF� APPEAL Depmiment of Safety and Irrspections 200 Commerce Buildirsg 8 FourtFi SG E, Suite 200 Saint Pau� MN SSIOI-IO24 651-266-9008 APPLICANT � Carol fi Benson LLP, foX Life T im e Fitness, Inc. Add�ess ZZ00 Wells Fargo Center, 90 South Seventh Street City Minneapolis gt, MN Z9 55402 Daytime phone (612) 766-7005 N3me of ownef (if difFefent) LTF Real Estate Company, Inc. PROPER7Y Address 2145 Ford Parkway, St. Paul, MN 55116 LOCATION Legal description: �ots 16 through 30, i.nclusive; Block 8, Saint sheet TYPE OF APpEAL: App(ication is hereby made for an appeal to the: � Boarci of Zoning Appeals [] City Council under the provisions of Chapter 61, Section 702 Paragraph a of the Zoning Code, to appeal a decision made bythe Board of Zoning Appeals on June 2 200 $ . File number: 08-045914 GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by tfie Board of Zoning Appeals or the Planning Commission. See Attached ApplicanYs sheet if Date � . b8 - 4 �t� • STATEMENT OF APPEAL APPLICATION OF LIFE TIIVIE FITNESS FOR A PARKING VARIANCE 2145 FoRU PnRKwaY Life Time Fitness submits this statement in support of its appeal of the decision of the Board of Zoning Appeals (the "Boazd'� denying its application for a parking variance for 2145 Ford Pazkway ("The Plaza"). The evidence in the record does not support the Boazd's conclusion that granting the requested pazking variance will result in increased pazking congestion on neazby residential streets. The Boazd ignored the evidence submitted by Life Time Fitness that there is sufficient on-site parking for The Plaza to support the proposed ea�pansion of Life Time Fitness' eatisting fitness center, addition of a small cafe, and leasing of the remaining vacant tenant spaces in the building with general office uses. Life Time Fitness requests that the City Council overiurn the decision of the Boazd and adopt the staff recommendation to approve the variance. The Reason for the Requested Variance The Plaza is an approxiinately 114,000 gross sqiaare foot commercial building with an attached, 266-stall pazldng ramp on the east side of the building and 10 surface pazking spaces on the west side. The City Council acfion approving the site plan for this building in the 1980's acknowledged that the effect of that approval was to allow construction of a building that did not � haue sufficierit on-site pazking to support a fully-tenanted building under strict compliance with parking requirements of the zoning code. In fact, since it was coustructed, The Plaza has never been fully-occupied: Cuttently, approxunately 29,000 squaze feet, or 30%, of the leaseable azea in the building is vacant. � It has been Life Time Fitness' goal since it bought the building in 2005 to expand the fitness center to improve and broaden the array of services and amenities it provides its members. Life Tune now proposes to e�and the fitness center by 15,000 square feet within-the ea�isting basement of the building. Some of the features included in this proposed expansion and remodel aze: relocation and expansion of the child center, upgrading of adnunistrative and office spaces, addition of a LifeSpa with a varieTy of beauty sexvice and product offerings, two new group fitness studios (including a spin bike studio), and expansion and 'unprovement of both the male and female locker rooms. These additional amenities aze intended to serve existing members and Life Time does not anticipate thaY the overall membership of the fitness center will increase significantly as a result of the ea�pansion. Another planned improvement to the building that would be part of the overall fitness center remodel is the addition of a 2,741 sq. ft. deli-style cafe in vacant space on the first floor. The cafe is primarily intended to serve club members and other building tenants and customers. Life Time prototype centers all have LifeCafes in order to meet the nutritional needs of inembers as part of the overall Life Time "healthy way of life" mission. The LifeCafe would greatly benefit tenants and their employees as it would provide a quick and healthy lunch choice that would not • require leaving the building. There currently aze no food service uses in the building. Following the expansion of the fitness center and the addition of the cafe, there will be 12,135 • squaze feet of vacant tenant space remainuig in the building. Life Time would like to be able to lease these spaces for general office use. Per the strict pazldng requirements of the zoning code, all 276 on-site pazking spaces must be allotted to the existing uses in the building. No expansion of exisring uses or addition of new uses is allowed without a variance. E%istin� On-Site Parldn� is Sufficient to Suuport Fnll Occupancv of the Bnildins with the Prouosed Uses Although under sErict application of the parlffng requirements in the wning code 392 pazking spaces would be required for the exisking and proposed uses, the pazldng study submitted with the variance application shows that the e�sting 266-stall pazidng ramp is currently underutilized and has sufficient capacity to accommodate the forecasted increase in pazking demand that will be generated by the proposed additional uses. The pazking study itself and fuller discussions of it are included in the application submission and in a supplemental letter to the Boazd dated May 15, 2008. The key facts and conclusions of the study are: Under e�sting conditions, the peak parldng demand during the marning was 205 occupied parking spaces at 10:00 am. and 213 occupied pazldng spaces at 5:30 p.m. The 266 pazking stalls in the pazking ramp were never fully occupied during the day o£the study, Tuesday, December 18; 2007. • The study shows that the strict pazldng requirements of the zoning code aze excessive in this case because the mix of uses in the building have varying peak demand periods and are well=suited to utilize a shared pazking facility. A survey of ramp users to determine their destination showed that the clinic, bank and office uses in the building generate peak pazking demand during the moming, while the fitness center generates peak demand during the late afternoon and evening. Utilizing accepted trip generation analysis, the study indicates that the fully-occupied buildiug will generate a peak pazking demand of 258 spaces in the p.m. peak hour. (a forecasted increase of 45 velucles). This forecast is 8 pazking spaces less than the 266 total spaces available in the ramp and 18 spaces less than the fotal number of available pazking spaces on the site including the surface pazking lot. The morning peak hour demand would rise to 251 occupied spaces, a forecasted increase of 46 vehicles, but still less than the 266 pazking spaces available in the pazking ramp. The vast majority of ramp users aze Life Time club members. Although the pazking study was conducted on a single day, additional data submitted by Life Time in the May 15�' letter shows that the aumber of inembers using the club that day was above daily average use for 2007 and, therefore, a fair basis upon which to base the conclusions of the study. . �� D�'9 � � • It is important to note that the pazking study was based on the conservative assumption that the expansion of the fitness center will result in a significant increase in the number o£ trips and in parking demand by club members. Life Time Fitness strongly believes this will not be the case. The axpansion will largely provide additionai and improved services to members who aze coming to the fitness center. At the time that the City Council granted zoning approvals for construction of The Plaza and its pazking ramp, it would have been premature to grant a pazking variance because there was no basis for determin;ng the actual pazking demand of the tenants that would ultimately occupy the building. Twenty years later, the occupancy of the building has evolved with an ideal mix of uses for a shazed pazking arrangement. The evidence presented with the application for this parking variance fully supports the conclusion that existing on-site pazking of 276 spaces is sufficierit to meet the actual demand during peak pazking fiouts of the existing and adilitional proposed uses of The Plaza. The Board's Findines for Denial of the Variance are Not Supported bv the Evidence in the Record or bv Law Notwithstanding the recommendation and proposed fmdings in staff report to approve the variance,lhe Boazd concluded that three of the six require& findings had not been met. The Boazd's alternative findings, however, are contrary to the evidence and the law. • Finding #2: The Board found that the circtunstances of why this variance is required were created by the land owner oi "self imposed" because Life Time Fitness "was ox should haue been awaxe of the restrictions and conditions on the property" when it purchased it in 2005. This finding is. clearly contrary to Minnesota case law. The Court of Appeals has held that, as a matter of law, actual or constructive knowledge at the time of purchase of land that of a zoning ordinance would require a vaziance is not a"self-created" hardship under Miun. Stat. §. 462357, subd. 6(2), the statute that empowers municipalities to grant variances. Myron v. City of Plymouth, 562 N.W.2d 21, 23 (Minn. Ct. App. 1997), As the Court explained, if such prior knowledge of ihe owner did constitute a"self-created" hardship, a municipality would be barred from granting a variance in any case except where the need for the variance arose due to a ohange in a zoning otdinance during the applicanY s period of ownership. Id. Even if it wete a legally-sufficient reason, denying a variance simply because a new owner was aware that it would be needed to achieve a proposed project is poor public policy beeause it would prevent desirable redevelopment. Consistent with statutory and case law, the City of St. Paul has not put such limitations on its authority to grant variances in policy or practice. Cleazly, Life Tixne did not create the circumstances which necessitate a pazking variance for this building because it was approved by the City Council and constructed many yeazs before Life Time purchased the property. Staff explained during the Boazd hearings, and the Boazd's finding acl�owledges, that the City Council's earlier actions allowed the pazldng to be re-addxessed at a later time. � Finding # 3: The Baazd concluded that the proposed variance was not in keeping with the spirit and intent of the code because expanding the uses in the building would result in additional street 3 parldng on residential streets. This finding is not consisteat with the evidence in the record that � the pazldng ramp has excess capacity or the fact that club members and employees pazk for free in the ra.mp. T'he logical conclusion is that, if there is ampte fi�e parking in a covered pazking ramp, few club members will find it preferable to pazk on the street. Tenants (many of whom have pazldng ramp contracts) and their customers aze also untikely to pazk on Pinehurst because pazldng on that s4eet is time-restricted. Palrons and employees czf many Highland Park businesses pazk on Pinehurst and other azea streets. Although some residents object to tlus, it is not_illegal and neither Life Time Fimess nor any other Highland Park business has the power to prevent it. Nevertheless, Life Time has taken many steps, outlined in the May 15�` letter to the Board, to encourage its members and employees to park in the raznp and not on the street. . Li£e Time is committed to continuing these efforts. However, whe�e, as here, Life Time has shown that it will pmvide sufficient on site pazldng to accommodate tke actual demand, it is unreasonable to deny a pazking variance- because some visitors to the building will choose to pazk elsewhere. There is also no real evidence in the record to support the conclusion that tke pmposed expansion will generate a detrimental increase in traffic on Pinehurst or other residentia3 streets as a result of the pi�oposed parking variance. The speculative feazs of neighbors who oppose a proposal are not a facivally or legally sufficient basis for denying a variance. The proposed parking variauce is in keeping witk the spirit and intent of the provisions of the wning code that recognize and encourage the benefits of shared pazking arrangements. Further, � the staff report identifies objectives and goals in the City's comprehensive plan that eacourage reduction of parking requirements for businesses on bus lines and in the Highland Pazk small azea plan that encourage use of transit options and enhance bicycle facitities. Life Time will provide the bike racks that staff recommends as a condition of approvat of the variance to promote these policy objectives. Finding #6: The Board concluded that the request for the variance appeazed to be based primarily on a desire to increase the value or income potential of the property. The Boazd reasoned that Life Time could achieve its goal of providing a better esperience for its current members within the e�sting club sgace. As explained above, the expansion proposal is not simply a remodeling to put nicer finishes or new equipment in the club. An eapanded fitness center area is necessary in order to add ne�v services and more workout and locker.room space. Further, the variance is also required to a11ow for addition of a cafe in the building and occupancy of vacant tenant spaces. In general, all variance requests for commercial properfies are in some way related to a desire to inciease the profitability of a business enterprise. In tUis unusual case, the requested variance will ttot so much increase the "income poYential" of The Plaza pmperty as it will, hopefully, allow Life Time to realize a reasonable and normal retum for this existing structure by allowing it to be fully-occupied. Conclusion . • � bg���t� � The import of the Boazd's decision is that The Plaza shoutd be left 30% vacant because some visitors to T'he Piaza (and to other Highland Pazk businesses) pazk on the street instead of in the tamp. Neighboring residents would understandably prefer that Pinehutst be a"quieter" street than it is, but the reality is that it is next to a commercial district and some commercial traff c and pazking is inevitable. Even so, these concerns could be relevant to the City's decision on the variance application for The Plaza if the intent or result of the variance would be that building patrons would have no option but to utilize on-street parking. That is not the case here. Although Highland Park is a busy commercial azea, the pazldng study provides evidence that The Plaza ramp is currenfly underutilized and has the capacity to accommodate the additional proposed uses. During the course of the application aud hearing process for this variance, Life Tixne Fitness has learned of several concerns that neighbors haue related to the operation and maintenance of The Plaza that aze unrelated to the parking issue, many of which predate Life Time's ownerslup of the properiy. Life Tune has begun the on-going dialogue with neighboring residents called for by the Highland District Council, has implemented manp measures to address the concerns raised, and is wmmitted to continuing to be accessible and accountable to our Highland Pazk neighbors. Life Tnne Fitness is a premier health and fiiness company and strives to provide an uncompromised experience to its members. The Highland Park Life Time Fitness is an asset to the community by providing a place where many people can carry out their quest to live a � healthier, more active lifestyle. Having a first-class fitness center is a draw to many individuals and businesses in the Highland Park azea and has a positive social and aconomic unpact on the comrnunity. Manq members of the Highland Pazk club are residents of Highland Park and other neighborhoods of the City of St. Paul. Our goal with the eapansion and remodel of the club is to provide those members with a quality experience that is in line with other Life Time Fitness clubs. It serves no one's interests for tenant spaces in The Plaza to remain vacant. Rather, it is beneficial, not only to the building owner, but also. to the other building tenants, the Highland Pazk Business District and the City thax existing vacant office space in this building be fully- utilized. Empty tenant spaces aze a drain on the commercial and economic vitaliTy of the entire commercial area. " The evidence in the record supports the findings proposed by staff and in the application that the variance requests meets a11 the required findings. Life Tnne respectfiilly requests that the City Council grant its appeal and the requested parking variance. fl�.us2967755.05 F 1 `. J CITY OF SAINT PAUL Deadline for Action: 48-14-08 � BOARD OF ZONING APPEALS RESOLUTION ZONIlVG FILE NUMBER: 08-045914 DATE: June 2, 2008 VJE�EREAS, Carol I.ansing, Faegre & Benson LIP, for Lifetime Fitness, Inc. has applied for a vaziance from the shict application of the provisions of Section 63.207 of the Saint Paul Legislative Code pertaining to a variance of the off-street pazldng requirements in order to expand the existing fitness center, add a new cafe and to allow the full occupancy of unused office space in the B2 zoning disirict at 2145 Ford Pazkway, and � Wf�REAS, the Saint Paul Board of Zoning Appeais conducted a public flearing on ?,pri17, . 2008 pursuant to.said application in accordance with the tequirements of Section 64.203 of Yka . Legislative Code and continued the hearing for thirty (30) days; and WI�REA3, on May 19, 2008 the Board re-opened the public hearing and heazd additional testimony from the appticant and neighborhood residents; and Wf�REAS, the Saint Paul Board of Zoning Appeals based upon evidence present� aY the • public hearing, as substantially reflected in the minutes, made the following findings of fact: 1. The property in question cannot be put to a reasonable use undev the sirict provisions of the code. Life Time Fitness is proposing to expand the fitness center in the basement into existing common area and tenant space. They are also pmposing to add a cafe primarily intended for use by building tenants and fitness members. The. applicant does not anticipate the membership of the fitness center to increase significantly with the addition of these amenities. There is aLso about 12,000 square feet of vacant tenant space that they would like to lease as general office space. The Zoning Code requires a total of 392 parking spaces for the existing and proposed uses. Tkie property has 266 spaces available in the ramp and 10 spaces in the surface lot on the west side of the site. This building was conshucted many yeazs before Life Time Fitness owned the property and it has arguably never had enough pazking to meet the code. The ciureut proposat would atlow the building to be fuliy occupied with a mix of uses needed to make the property economically viable. The proposed uses aze reasonable and permitted uses for the property fhat cannot be accomplished imder the stdct provisions of the code. 2, The plight of the land owner is not due to circumstances unique to this property, and these circunutances were created hy the land owner. • Page 1 of 4 b�- 9�� . File #OS-045914 Resolution This building required variances and Site Plan Review in order to build which were subject to various appeals. At that time the City Council piaced a condition on the approval that the individuai tenant spaces could only be occupied until the available parldng was used up. Once the parldng was used up the remaining tenant space must remain vacant untii the pazlang was re-adiiressed.. The current properry owner purchased this pmperty in 2005 and was or should have been aware of the restrictions and conditions on the properiy. Any l�azdship incurred through the denial of this variance request is self imposed. 3. The proposed variance is not in keeping with the spirit and intent of the code, and is not consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of St. Paul. Testimony from neighboring property owners indicates that there are existing pazking problems with patrons of Life Time parldng on residential streets and not in the parking ramg. Further, Highland Pazkway is a developed area with many area businesses using limited street pazldng. Expanding Life Time facilities and adding more tenants in the building would exacerbate this probiem. The requested pazldng variance is not in keeping with the spirit and intent of the code. The increase in traffic generated by the proposed • e�ansion would also affect the health and welfare of neighborhood residents. 4. The proposed variance will not impair an adequate supply of light ¢nd air to adjacent property, nor will it alter the essential character of the surrounding area or unreasonably daminish established pr-operty values within the sur•rounding area. The proposed pazldng variance will not affect the supply of light or air to adj acent properties. LifeTime Fitness submitted a parking study conducted on Tuesday December 18, 2007 from 7 AM to 8 PM. While a one-day study is not suf�icient to establish a definitive parldug pattern, one can draw some general conclusions from the data. It appears that the peak hours for parking demand occurs'in the morning for the clinic, bank, and office uses and that the peak hours for the fitness center occurs in the afteinoon and evening. These non-concuirent peak hours help to mitigate any pazldng space shortfall. Among the conditions currently placed on Life Time Fitness's business license is one that requires the license holder to provide two-and a-half (21l2) hours of free ramp pazldng and incremental payment after the free time for all patrons of the fihiess center. The Highland District Council eapressed a concern about the fitness center's members pazldng on the sur[ounding residential streets. They recommend appmval of the parking variances subject to two conditions: 1) Reaching out to Lifetime members through a mailing and signage to � remind them of the free parldng and to discourage them from parldng on the street and 2) Page 2 of 4 File #OS-045914 Resolution Establish an on going dialogue with neighboring residents to address any problems. Witti these pmvisions, the proposed parldng variance would not change the character of the neighborhood or have au advetse impact on surroundiag properEies. S. . The'variance, ifgrantec� would not pemtit arry use thaYis not permitted under the provisions of the code for the proper[y. in the district where the affectsd land is located, nor would it alter or change the zoning district clarsifi, catiox of the property. The existing and proposed uses are permitted within Uus zoning distdct. The requested pazking variance would not change or alter the zotting classification of the property. _ 6. The request for variarzce appears to be based primarily on a desire to increase the value or income potential of the parcel of land � The applicant states that the primary desire of Life Time Fitness is provide a better experience for its current members and to utilize existing vacant tenant space. However, unproving the facility for members could be accomplished within the existing foot print of the facility and without full occupancy of the offce space and therefore without f.t►e need for • such a large parldng variance and it appeazs that their primary desire is to increase the income potential of the pmperty. � � NOW, TFIEREFORE, BE IT RESOLVED, by the Saint Paul Boazd of Zoning Appeals that the request to waive the pmvisions of Section 63.207 to allow a variance of 116 off-sh�et pazl�ng spaces, in order to e�and the eusting fitness center, add a new cafe and allow the full occupancy of unused office space on property located at 2145 Ford Pazkway; and legally described as Saint Catherine Pazk I,ots 16 Thru 30 Blk 8; in accordance with the application for variance and the site plan on file with.the Zoning Administrator, is Hereby Denied. MOVED BY: Faricy SECONDED BY: Ward IN FAVOR: 6 AGAINST: 1 MAILED: 7una 4, 2008 • Page 3 �4 pg-�8[v • File #08-045914 Resolution TIlVIE LIlVIIT No decision of the zoning or planning administrator, planning COIIIIDISS10Il� board of zoning appeals or city coancil approving a site plan, permit, variance, or other zoning approval shall be valid for a period longer than two (2) years, nnless a building permit is olitained within snch period and the erection or alteration of a building is proceeding under the terms of the decision, or the use is established within such period by actual operation pursnant to the applicable conditions and requirements of the approval, unless the zoning or pianning administrator grants an extension not to exceed one (1) year. � APPEAL: Decisions of the Board of Zoning Appeals are fmal subject to appeai to the City Council within 10 days by anyone affected by the decision. Building permits shall not be issued after an appeal has been filed. If permits have been issned before an appeal has been filed, then the permits are suspended and constraction shall cease until the City Conncil has made a final determination of the appeal. CERTIFICATION: I, the undersigned Secretary to the Baard of Zoning Appeals for the City of Saint Paul, Minnesota, do hereby certify that I have compared t}ie foregoing copy with the original record in my office; and fmd the same to be a trne and correct copy of said original and of the whole thereof, as based on approved minutes of the Saint Paul Board of Zoning Appeals meeting held on Apri17, 2008 and on reeord in the Department of Safety and Inspections, 8 Fourth St E, Saint Paul, Minnesota. SAINT PAUL BOARD OF ZONING APPEALS r1 U Debbie M. Crippen Secretary to the Board Page 4 of 4 NIINUTFS OF THE MEETING OF Tf� BOARD OF ZONING APPEALS • CiTY COUNCIL CHAMBERS, 330 CITY AALL � ST PAUL, MII�tiNFSOTA, APRII. 21, 2008 Continued from �7-08 PRESENT: Mmes. Aqaddox, Porter, and Morton; Messrs. Courtney, Faricy, Ward, and WiLson of the Boazd of Zoning Appeals; Mr. Warner, City Attomey; Mr. Hazdwick and Ms. Linston of the Department of Safety and Inspections. Excused: Bogan The meeting was chaired by 7oyce Maddox, Chair. Eric Buss Lifefine FYlness (#OS O45914) 2145 Ford Pkwv : A variance of the required off street pazking requirements in ocder to expand the existing fitness center, add a new cafe and allow the full occapancy af unused office space. The proposed uses require 392 off�treet parking spaces, 276 spaces aze provided for a variance of 116 off-street pazking spaces, This was a continuance from a previous meeting. There was a layover here and the board asked the neighbors to meet with Lifetime Fifness and try to work out some of the problems that have been �PPening there. . The applicant ERIC BUSS, Lffetime FYtuess, 4713 Colfax Avemie South, was present. Mr. Buss stated he Las been appointed as the representative by the company to engage the neighbots with respect to any and all matters that have azisen in connection with us being a good neighbor. Mr. Buss stated he l�as • beea in contact with Mr. Mencke who is a�ighbor that has been appointed the cluef correspondent for the neighborhood. We have met 6n several occasions and Lave taken great steps to address many issuas that have pogped up here. We summazized most of the items that we have addressed in a letter that we delivered last week and wallced tltmugh point by point many of those items. I understaad we had a couple of trucks not delivering items tb us but to a tenant stop in the alley way in the back and do some unloading in spite of our numerous comutenfs and signage ihat we have put up in the back. I am commitYed to making-that better over time. We have addressed many of the other issu�s that came np. pur commitment to you and the neighbors will be ongoing and get together with them as regutazly as need be ta address whatever issues may arise. I think that is a fair summary from our stand point. I think at the end of the day the neighbors azen't here today to say go ahe ad with the variance because - they are still concerned about the uitimate issue of the variance and that is what will ]�appen with parking so I am here to talk about that today and we brought with us our professional that conducted the pazldng study Mr. Spack to be able to address any issues or.questions you may have on that. Mr. Hoyoul Chang, 2151 Pinehurst Avemie, we weren't quite sure what the sequence of events would be regazding this hearing but I would like to make some comments rega,rlino the mcetings we' "ve had with Mr. Buss and aLso basically an overall statement represenring the view of the area 27 neighborhood. The meetings were very pmmising but unfortunately the issues that were discussed we discovered through that process such as the loading and unloading snow plowing, the speeding; people going down the alley the wrong way weren't really things that Lifetime Fitness could control as faz as we could tell, those things could only be deteimined and decided by other governing balies which is city council and public works so we were very impressed with Lifetime on them being open to meet with us to try and work iE out. Unfordmately the overall problem is the vaziance and the issue was parking and none of those things really addressed the issue of pazldng. I have written down a presentation of what we would AA-ADA-EEO Employer o� -�� c� ! Minutes May 19, 2008 Page'Itvo like to say as a neighborhood group. Since the ]ast time we met regazding this matter we have worked with Mr. Buss of Lifetime Fitness m iry and work ont a compromise that wouid satisfy both parties. We aze very appreciative of the effort and willingness of Mr. Buss to work with us. We have made some progress but as a result of our discussions we have determined and discovered that Liferime Pitness can direcdy influence only a small number of these issues. The neighbors realize that Lifetime Fitness can only request their members and staff not to abuse the e�sting pazking regulations. Unfortunately the parking problem is still prevalent and we only see this increasing if the vaziance is granted. The majority of the other concerns regarding the alley between the ramp and the neighborhood can only be addressed by other governing bodies such as the city council, public works and etc. Based on these discoveries the neighbors realize the best course of acdon for our neighborhood would be to pass that the request for the pazking variance be denied. We all know tlus property and this neighborhood has a storied and well documented history. I thought it would be best to use Mr. Hardwick's staff report dated Apri17, 2008 as an oufline to convey our points. The properry in question cannot be put to a reasonable use under the strict provisio�s of the code. The plight of the landowner is due to circumstances unique to this property and these circumstances were not created by the landowner. The variance if granted would not permit any use that is not permitted under the provisions of the code for the properiy in the district where the affected land is located, nor would it alter or change the zoning district classification o€ the property. • Those were three points made by Mr. Hardwick's document and this would be our response. I would like to point out that ihese pmvisions were established by your past consdtuents specifically the document dated December 11, 1995 by Wendy I,ane, Zoning Manager wluch states to ensure that sufficient parking is available the zoning administrator will monitoc the issuing of finishing permits for the project so that ihe city can determine on an ongoing basis the amount of usable floor azea that is developed: No usable floor azea will be permitted to be developed beyond that wluch may be accommodated by the 272 pazking spaces indicated on the plan using standard wning code pazking requirements. With all due respect to Liferime Fitness they were fully aware of these restrictions on the properry aud they made a conscious decision to invest their time and capital on this properry in spite of this. Another,point made by Mr. Hardwick was pioposed variance is in keeping with the spirit and intent of the code and is consistent with the health, safety, comfort, morals and welfaze of the inhabitants of the City of St. Paul. Well the new pazking reguladons aze also in keeping wiih the spirit and intent of the code. The code stipulates that the proposed facility would be in violation by 116 spaces that is a 43� increase from the existing facility requirement. The same issue of health, safety, comfort, morals and welfare of our neighborhood in 5t. Paul aze e�cactly the reason we feel strongly tfiat this vaziance should be denied. Everything from cars driving down the wrong way down the alley, not slowing down to tum onto Finn Avenue, members of Lifetime taking a short cut through our lawns and peering into our homes have all contributed to threatening our health, safety, comfort, morats and welfaze. We are not unmindful that these occurrences aze perpetrated by an aberraut group of individuals but they occur none the less. If this variance is granted the possibility of this behavior occurring can only increase. Another point made by Mr. Hazdwick was the request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. I am fairly confident that Lifetime Fiiness has been involved in their fair share of charitable ventures but to believe Yhis property is driven on the pretense of C.� pA-ADA-EEO Employer Minutes May 19, 2008 Page 1�ree � not ma�ng a financial return is a naive one. The last time I checked their multi-million dollar annual profits do not categorize tfiem as a non-pmfit company. I specificaity recall at the Highland Dislrict Council meeting when the question was asked to Mr_ Buss if the sub paz conditions of the faciliry would be impmved if the variance was not granted. To many of out surprise the answer was not a resounding yes ahsolutely instead it was more along ffie lines of we will have to evaluate our options and then make our decision. If the value or income potendal wa5 not a factor then one would assume that the driving factor would be to pmvide the best environment for their members regardless of tYte outcome of the variance. I£ you aze basing your decision on the merits of a parldng impact study that was generated for Lifetime Fitaess I would 1�7ce to bring to your atcention a few items. 1. This is a single 13 hour study which is to represent tfie pazking patkerns of the existing faciliry. Et�en Mr. Hardwick feels that a 1 day sNdy is not.sufficient to establish a definitive pazking patterfl not to mention this was done a week before Christrnas during the peak holiday parry season when the last thing on peoples minds is to be healtli and - fitaess cbnscious. ActuaIIy a more representativc time woatd have been just after Plew Years when everyone's resolution seems to mvolve being more healthy and fit 2. 'Fheir own study states ttmt one of their peak times occurred during the hours of 5:00 aud 5:30. This is precisely the rime tUat it affectg ihe aeighborfiood the most as people are reauning home from work and are unable to pazk' in front of their homes. This may sound trivial but when it occurs dn pnctically a nighfly.basis it is very frustrating. 3. Their study aLso expects a 30% increase in non-member traffic as a result of the proposed cafe. This would only i�rease the possibility of non residents pazking on our residential streets. 4• . This entire sludy only tabulated those cars pazking in the ramp. We contend that the teason why their numbers show that even in the worst case pazldng scenario the existing tamp would accommodate the increase in demand is because they never tabulated ffie number of cazs that did not pazk in the ramp and instead pazked in the surrounding area. For example they never attempted to count the numbet of cars pazked ori our residential streets or Lunds lot across the street. We feei the numbers aze inaceurate and skewed as a result. In conclusion we the neighbors respectfully request that the boazd deny the recNest for a parking variance by Lifetime Fitness. Ms. Diane Sinnups, 2155 Pinehurst Avenue, I have lived there for 40 years.. Most of the families have --- preschool c}tildren. The overIIow pazking on the block &om the patrons of Lifetime Fitness has been a long stand'mg problem with so many preschoolers it.is ;nc*��c;ngly dangemus. This is a case in point, Pam Segazia who lives at the comer of Finn and Highland Parkway couldn't be here today. She was traveling west on Cleveland towazd Finn on Pinehurst an approaching car distracted bY a Yo��r moving toward the parldng cars on his right drove right into her. She couldn't pull out of his way. There is no way 2 cazs can pass when there are pazked cars on both sides. Allowing for more use of commerciai space particvlarly for a pmjected restaurant while granting a pazking variance creating less pazking then recommended by rhe zoning boazd dces not seem to me to be a responsible option. It is my understanding that if the variance is granted the ne7u request will be a liquor license so that Lifetime can have a cafe on their premises. I can well understand the marketing potential of having a place fot young single athletic types to meet and spend time with one another. People eating and drinking will spend more time at Lifetirt� then they do now when they're just exercising therefore they w�l be pazldng longer. My understanding is that liquor licenses aze iransfierable and we do not want another Pudges. Bob Spangenberg, 2130 Pinehutst Avenue, I want to just refecence an azticle that was in the Highland • V�lager recenHy where Mr. Bnss stated he was frankiy very embarrassed at the perception of the AA-ADA-EEO Employer �U ��� l.! • Minutes May 19, 2008 Page Four neighborhood regarding Lifetime Fimess and the problems and concerns we have because of the pafrons. Also want to suggest that many of our concezns have been brought to the forefront brought to Lifetime's attenrion at previous meetings when they bought the building and really nothing was done between then and now other than a fence across the top of tfie building to keep kids from going from the parking ramp to the top of the building. Basically what I want to say is that a lot of Lifetime's behavior has been negative and in particular this policy when they were charging people for the fiill rate of pazking if they would go over 1 minufe ovet the 2 hours they were suppnsed to give their patrons and what I want to say is please don't reinforce that negative behavior by granting them a variance it just doesn't make sense. Henry Waldenbergez, 21i5 Pinehurst Avenue, a week ago Wednesday there were 4 irucks unloading now they weten't unloading duecfly behind the building they wete unloading in the alley behind the gas skation and on Finn Street on Yhe building side of the Ford mall side of the greenway and when I went over and informed the driver that they could not unload there I was informed that they were given permission by the manager of Lifetime and I should go into the building and talk to him. I think this is a continued exazngle of. their basic callous attitude towazds the neighbochood even though thep know they are engaged in a very sensitive meeting less ihen a week in advance they don't even make an effort to appease the neighbors. , • Mr. Hardwick, madam chaic and members of the boazd I think it might be beneficial since Mr. Chang raised some questions about the pazking study I noticed that Lifetime does have their person that did the parking study and perhaps the board members may have some questions for him. Mr. Ward, I do have a question. Who and how were the hours deternuned. . Mike Sgack, 3268 Xenwood Avenue South, we conducted the pazking study on befialf of Lifetime and we covered the hours that Lifetime was fully opened and we worked with the Lifetime staff to try to pick a representative day to go out and collect data and that is typical in the iraffic engineering world and I am currenfly working on the central corridor light rail project and the data collection we are doing out there we aze just collecring data�for 1 day at different intersections as part of that study so iYs very representative that we work to pick an average day and go out there and collect data for that 1 day. Lifetime submitted in a letter theirdata weekly data that shows that we did in fact pick a representative day, that the 1�esday we picked was not an anomaly low or high based on their membership card swipes of people coming in and out of Lifetime. Chair Maddox questioned whether the TSiesday was before Chrishnas. It was explained it was December 18"` and that was gartialIy because we were in a time crunch to get the study done for Lifetime. W.e began at 7:Ob a.m. and stopped at 8:00 p.m. You can see in the packets that the pazking ramp occupancy started at just under 100 vehicl0s at 7:00 a.m. and by 8:00 p.m. we were down to 130 velricles where most of the day the pazking occupancy was between 150 to 200 cars in the ramp for most of the day that the businesses were operating with the peak at 530 p.m. at 213 vehicles in the ramp. • Mr. Buss asked me basically the quesdon their intent is that they're not going to grow membership significanfly and they see the cafe as being an add-on that won't be generating its own stand alone traffic Minutes May 19, 2008 AA-ADA-&EO Employer Page Five and I told him I'm sorry as a conservative engineer I can't just dism iss those dungs we have to look at it as if they were pmportianately going to raise mewberstrip and also if the cafe was going to att�act vehicles like a normal cafe would and we also included pazking for the occupancy of their vacant 12- 13,000 square feet of o�ce and we added all of that parking demand adds up to about 45 vehicles during . that peak hour in the evening so we aze st�ll underneath ffie capacity of the pazking ramp even wirh alI of those pmposed uses plus the, vacant space being filled so we believe we have a consetvafive estimatc and that we've shown by normal iraffic engineering standards thaf we defmitely have room for this ' expansion. Chair Maddox questioned that his chaige was only to look at the pazking raznp and not at the neighborhood and Mr. Spack stated that was correct. Mr. Wilson questioned how many cars had been added in tIte pazking tamp si�e the sduiy_ Mr: Spack :. stated he had aot been back. He stated that the ramp has not had a capaciiy issue._ � .. l�fr. Ward quesaoned the pazking studY-and haw the data was gained. .Was someone.sitting-counting cars_ or was there a meter sirip. Mr. Spack stated he had someone count cazs, but also had someone walk tl�rough the ramp and mark down wIuch staiLs were occupied and dien the last piece of iuformadon we had people at every doorway between the ramp into the building collecting data on the people coming in of how many people were in their vehicle and which busiuess they were going to and about 75 % of the • peopte parking in the ramp were going to Lifetime. Ms. Porter questioned if there were any att€mpts to collaborate with any other pazking entities like Iunds for parking. Mr. Buss stated that there hasn't been because onr ramp is not fiill and has uever been full. Pazlang in our,nmp is not an issue for our members and it contimies rhat way ioday and thronghout all of 2007. and the time before that we have owned ttat we've never had complaints nor have we ever been at capacity in our ramp. We're here today because our nmp can handle both our o wn traffc as well as our tenants uaffic and Yhe conversioa of the basement and the common space into more space for us will not generate 116 additionat pazldng needs within the tamp. First of all we do not plan on expanding our membership in conneetion with that we want to make our offering better then what it.is today. Secondly to the extent people use our club it is at a nonconforming time to wlien the remainder of the tenants use our building. That is why we are here in front of you. If you applied ihe statistics and the code the ratios d'uecUg we wonld have a problem but we have a nonconforming use and we are the major user of the parking ramp as the operator in the basement and that nonconforming use provides a 275 pazk ramp to be able to accommodafe many more peopie than that. So we don't have an issue in our rdmP and to the extent that our members or other follcs have been using outside parking we've encouraged them by letter or note by the front door by extending the length of time that they can use ihe ramp without being charged we've done everything we can to encoucage people �to pazk inside the ramp. Chair Maddox stated that is what the problem is that people are not parking in the nmp. Mr. Buss stated that the comment that we used tn chazge people completely if they went 1 minute over is absolutely not mie. Since we took over that has not been our policy. Finally a comment about the . calious nature of us just tetting people to unload somewhere eLse that is not �e case as well. We have Minutes May 19, 2008 r,a-nnn-�o �pioy� 6�'98� i Page Six asked the city to produce an unloadsng zone in front of the building that is in the works. We have reached out to every one of our tenants and told them do not unlaad in back of the building, don't go somewhere eLse and do tBat come in front and unload and get your stuff in here. L.ets be mindful of the neighbots and be proactive on this. Mr. Spack said when the study was done the pazking ramp was free. The gates were up and there was not a time limit. Hearing no further tesrimony, Ms. Maddox closed the public portion of the meeting. Mr. Ward stated if we are looldng at no other new business unless the parking gets worked out an e�cpansion of a current business would that be defined or considered a new business because. what we have before us is a request for a vaziance in order to expand an existing fitness center and to add a new cafe and allow Ehe full occupancy of the unused office space. "" Mr. Hardcvick e�lained that anything that requires addifldnal pazking needs to be resolved in 1 of 2 ways either providing the pazking or requesting a variance. An expansion of an er.isting business into a space that was not previously used by the business would require additional parking. • blr. Ward moved to approve based on the informarion given. The move dies for lack of a second. Mr. Courtney moved for denial based on findings 2, 3 and 6. Mr. Fazicy seconded the denial based on findings 2, 3 and 6, which passed on a roll call vote of 6-1 (w�'d?• S�bmitted by: John Hazdwick � Approved by: Gloria Bogen, Secretaty AA-ADA-EEO Empioyer MINUTES OF TFIE MEE'TING OF TF� BOARD OF ZONING APPEALS � CITY COITNCIL CHAMBERS, 330 CITY HAi "T. ST PAiJL, MINNESOTA, APRIL 7, 2008 - - PRESENT: Mmes. Maddox, Bogen, and Morton; Messrs: Coudney Faricy, Ward, and Wilson of the . Boazd of Zoning Appeals; Mr. Wazner, Ciry Attorney; Mr. Hardwick, Ms. Linston, and Ms. Crippen of the Depaztrnent of Safety and Inspections. ABSENT: None The meeting was chaired by 7oyce Maddox, Chair. Carol Lansine Fae¢re & Bensan LLP (f108-0459141 2145 Ford Parkwas: A vaziance of the required off-street pazking requirements in otder to expa� the exis6ng fimess center, add a new cafe and allow the full occupancy of unused office space. The propQSed uses requue 392 off-street pazldng. spaces; 276 spaces are provided for a variance af ii6 off-street parking spaces. ..-_ Mr. Hardwick showed slides of the site and reviewed the staff report with a recommendation for agproval; 5ubjeet to the following conditions: 1) That Life Time Fitness pmvid� a bike rack o[ bike lockers, preferably in front of the building, if permission can be obtained from the Public Worka Deparimem,' arwithin the. Paz'Idng ramP if not; and 2) That L,ife Ti� Fitness mails a notice to fitness center membecs reminding them of the free pazking in the ramp and discouraging them fromparking on residential streets. . . - Fitst off there is a note from Public Works Department, au e-mail from Doa Stein who is a Public Works right of way/tcaffc engineering and he is indicating what is going to be required before Public Woiks . will approve a bike rack to be Iocated on the sidewalk in front of die fimess center. He is not indicating that it can be done, but that they need this information to do it. There is a letter in opposifion from Robert Spangenberg, a letter in opposition from Jack Mueller, and a letter in oppositian from a Keyin Mencke. One letter from the Pazks departmenE letters were received opposing the vaziance request. One letter was received from District 15 supporting the vatiance request, that was contingent on Lifetime Fitness addressing those iwo conditions before tfiey appeared before this Board. Ms. Bogen guestioned staff in finding number 4 there are some condidons placed on theu business license abaat two and a haif hours free pazking ia the ramp aud i�remental payuient after that That is on their license and they liave to comply with that? Mr. Hazdwick replied yes, there are conditions that liave beea placed on Lifetimes Licenses and that is one of them. They aze in the packet on page 110 and iil, those aze the current conditions that are on Lifetimes licenses. • Ms. Bogen further questioned wflo makes sure those condifions are followed and what aze the ramificacions if those conditions are not followed. Mr. Hazdwick stated thaf those condifions aze enfom,ed by the City License InspecWr. The City License Inspector makes at least one trip out to the site once a year, more-often if'there are complaints received 'm the office. If a licensee fails to follow those -• conditions that could eventually result in adverse aetion against their7icansa• AA-ADA-EEO Employer � • File #08-045914 Minutes Apri17,1A08 Page Two Mr. WiLson questioned on page 73 it says twa and a half hours of free ramp pazking and then they have a handout that says if they go beyond that they have to pay for all of it. Mr. Hazdwick replied he does no know where that came from so he cannot testify about it. The applicant ERIC BUSS, FAEGRE & BENSON LI.P, 2200 Wells Fatgo Center - 90 Seventh Street South, was present. 5tated he is in attendance to answer questions and offet support to the findings of the City stafE He wanted to point out items that were conditions for them. He stated that they would be happy to comply with the bike rack either in &ont of the building ot in the puking structure. Secondty the conditions that were raised at the Highland District Council Meeting on notiScaflon of our members by a letter, we did that, by means of a lettez encouraging all of ouc over 4,00� members in and azound the Highiand Pazk Area fo use the paiking structure both because it is free and because ;it is good for our neighbors who have had some pazking pmblems. He believes they have satisfied that condidon. . The other condition that was suggested was to start an open dialogue between Lifetime Fitness and the neighbozs. We have exptessed an interest to do that huE have noC had our first m�eting sinr.e Mazch 28`� when we had our District Council Meeting and today. But have opened the dialogue and have suggested thaf the neighbors identify a handful of people for that meeting and we will offer a spokesperson from Lifetime Fitness, most likely himself, to meet with the neighbors on some period of frequency to address • whatever concerns they have had. . Mr. Buss continued ffiat the parking study was done oa one day, but it was done on a day in December and we Lifetime Fitness is the primary user of the pazking ramp and December is a very busy time for us. Tn fact fhe day that the study was conducted was a day when we require all members to swipe their cards to gain access to our elub and we have a mechanism there by of keeping track of how many people have come in for use on that day. Vi'e had 1200 people swipe in that day and that was 200 more than the average for the month of December so it was a one day study but it was during a peak busy time £or Lifetime and we aze the primary user of the faciliry. The maximum utilization of that pazking ramp that . day was 22A parking spaces leaving occupancy of 55 spaces open. This is the main reason that we believe the variance is appropriate without causing some undue burden on the neighborhood is that the non-conforming uses of the ramp by our current tenants and Lifetime Fimess. Because of those nonconfornung uses primazily Lifetime at the end of day after tenants have leR we don't believe there will be any extra burden that will be placed on the facility. Mr. Coutmey quesflon�l that all these letters say that you customets aze pazking on Pinehurst, Are they pazking on Pinehurst? Mr. Buss stated he could not answer that for sure, he does not believe they are, we ceriainly aze not encnuraging them to do so. That two and a half hour pazking that is available has been expanded to three hours, the incrementat charge being only for those that go beyond that time. We have put a mechanized automated system into the pazkiug iamp whereby our members can use their Lifetime Fitness card to swipe in and swipe out, it is about as easy and pain free as possible. The letter that we sent out on Apri12°� again encouraged everyone to use the pazking siructure, so we have made it . available, we have made it easy and we have made it free and have reminded everyone to rake advantage of it again. Mr. Courtaey further ques8oned is if three hours now`? Mr. Buss replied he thinks it is three hours now. Mr. Courtaey stated that they provide cluee hours downtown noting that he is a member of and he did not get a letter to the best of his knowledge. Mr. Buss questioned a member of Liferime AA-ADA-E&O Employer File #08-045914 Minutes Aprii 7, 2007 Page'fhree Fitn�ss or a member of the Highland Pazk Lifetime Fitness? Mr. Courtney stated he dces not know that it designates and that he can go to any Lifetime Fitness. Mr. Buss stated that it dces and your membership is based on where you use the club frequendy. �ery memtier that is classified a Highland Pazk member received a letYer &om us. Mr. Courtney stated he gces to the Highiand Park and he did not get a leuer. He fiuther questioned do you do anything? He can imagine that people like him would use _ the pazking lot but do you do anything to encoutage your employees to pazk in the �amp? Mr. Buss stated that they have waived parking for their employees, there is no cost for pazking inside the ramp. Again as the owner we control the rates for pazldng inside and we do not cfiarge our employees to pazk in the ramp. Mr. Courtney questioned so you encoutage your employees to pazk in the ramp and that is the extent of it? Mr. Buss stated he is not the general manager of that club aud he cannnt speak specifically if he is requiring everybody to park inside: That is hisvndecstanding. � There was opposirion presenf at the fiearing. Bob Spangenberg, 2130 Pinehutst Avemie, stated tUat he has lived in his home for 38 years. He wants tn respond to hir. Buss' last comment, just last week he asked a pe"rson whether he knew tbat they got free parldng and it uuned out to be an employee pazldng in front of his house and she said no they. do uot get free parking. She was a coniract employee. He is aware of other Lifedme people tLat do not get &ee • parking they are encouraged to pazk over on Highland Pazkway because our stceet is permit parking. This has been a very contrbversial building it was conceived in the eazly 80s and started constcucfion in the mid 80s. It aclueved many variances, it is built lugher, wider and without setbacks,. so it fills the properry there is no extra space. There was a restrictive covenant that was gianted to the immed�ate residents, he being one of them, W pmtect the residential chatacter of the neighborhood. ManY of those _ things ha've not been complied with. The biggest issue has been the pazldng it was supposed to be &ee forever and a day for the people that use that building. Well as things have evolved people use our sh�eet for pazking. He submitted five handouts for the Boards information he hatl wanted to place tt►ese on an - overhead pmjector, so he could display them better, witfiout the overhead he explained the Papervvork as the goazd passed around the handou� Basically this is a restrictive covenant or a synopsis of it and this restrictive covenant cat'ries over to who ever owns' the buiIding. Basically it was to pmvide pazking for the people who use this building there were to be no trucks loading or unloading in the aI1eY as the building was designed without a shipping or receiving dock because they needed the space to provide the required numbei of pazking spaces. He aLso understands that it was conceived as aa office buiiding wfiere they wouid not need shipping or receiving, for aunrneys, or accountanis would come in and do papecwork, not a physical product The second hand out describes its acWal wording toading and unloading of trucks shall not be permitted in the alley. He pointed out pfiotos of seven trucks load'mg and unloading in the alley sCating he does not spend all his time in the alley looking for vioiations. It is only when he hears a lot of noise or if the semi-truck is going by knocking down the branches on the trees in the alley is he awaze of it. Also one of the conditions was that vines would be planted oa the ramp adjacent to the alley and that has not been done. The bottom line is the no loading/nnloading has been ignoted by the previous owners, Lifetime F�mess and tt►e Present occupanrs as welt. Tltere have i�een no vines planted. They were aLso to pmvide some measure of security, cameras or security personal tbat would check on the alley from time to time. To have an awazeness of what is going on our alley has had • a tremendous amount of graffiti aad vandalism, he has personallY had every window in the back of his AA ADA-EEO Fmployer b� -qS�' � File #08-OA5914 - Minutes April 7, 2007 Page Four garnge broken. Lifetime Fitness has been hit tremendously with graffiti, if there were vines on that buildiag they could not put graffiti on the building. He pointed out photos of the building stating tt�at the picture is &om shortly aftet they took over position of the building. Shortty after they took over occupancy of the buildiug one of the requirements of them getting their license was that they would provide two hours of free parking. They did for a while and than after a while they issued this notice. Mr. Spangenberg read "The pazking policy of the Highland Pazk location is as follows: Lifetime Fitness validate pazking for two hours if you.exceed the two hour limit you will be charged for the entire period." This is also included in your handout the bottom ]ine is that the Lifetime Fimess Policy has encouraged or conditioned Lifetime Members to pazk on the residential streets.: They have tutned odr stceets into a pazking lot. Cetting back to the uvck issae, ffie trucks come through thealley ffiey do not Imow what they are supposed to do tliey will oircle azound the building. Basically it is kind of a zoo and they uttimately end up either pazldng in the-alley and illegally loading and unloading or actoss Finn Stceet at the gas station or right out on Ford Pazkway impeding traffic. Mr. Spangenberg pointed out in the photos that this is an exampie of people pazking on Pinehurst in the residential azea, it brings up safety issues often times they pazk right in front of the stop sign and in ffie � cross-walk wluch becomes a vety dangerous siwation. There haVe been vans and school buses and he believes the school buses would probably have been members of Liferime that ate on their break come to use the fitness club. While those high velucles if they aze pazked up three or four spots they obscure the stop sign at Finn. It is a very dangerous situation where that cross walk is. Snow removai is a big issue the Lifetime members park on the neighborhood streets dnring the snow emergency so conssquenfly we do not get adequate plowing and we live with furors that aze there for a long fime. That real heavy wet snow that we had about six weeks ago ended up with a furor right in front of his neighbors house and that stayed ihete until the big melt down a few weeks ago. When there is snow fall Lifetime looses pazking spaces on the roof of the building. He thinks Henry testified at the eazlier Meeting at the Highland District Council that because of the snow that was pushed off inco the corner they lost up to eight spots. The previous owner resorted to a different tactic to get rid of the snow he had a bobcat dwnp the snow over the side of the building. The way he found out about that is that his electric and telephone lines were bouncing azound and he had to yell up at the guy and tell him to stop that. Mr. Buss menfloned ihat he did not know if there was a parking groblem, well he has lived in lus home for thirry-eight years and it continues to get worse and worse. The neighbors worked in good faith with the City and (he Develop.ers on this project and made concession after concession to help Yhe building materialize, to bring it about, and ultimately we have become the pazking lot foY this business and now they would like to have a variance of 116 spaces, he dces not know where you aze going to put those 116 cazs there is not room for them on Pinehurst. Also if there were to be an emergency it wouid be awfully difficult for a vehicle to geC down Pinehurst with all that traffic. In closing he thanked the Board and requested thaC they review the restrictive covenant and the restricflons placed on that property and also if they have reviewed the police reports of the graffiti and all the police reports that have gone against that properry. It is not a pretty site. � Ms. Bogen questioned Mr. Spangenberg that he said that Pinehurst is pernut pazking now? Mr. 5pangenberg stated that it is two hout petmit pazking, we had to go to that, that means that people ultimately get four to sie hours because if the Ciry comes out they mark the cazs, the caz may AA-ADA-EFA Employer File #08�45914 Minutes Agrit 7, 2007 Page Five have been there a couple of hours and ihen the parldng enfo�ement came back after two hours, although they tiave more than enough to do so they don't come by very often and oniy if tfiey are called and many of those members know that they can end up pazking there fnr thrae or four hours. They are going to be safe. His quesflon is if Uiey put in a restaurant and "God forbid" a bar with beer and wine those folks are going to be staying loirger those people are going to be pazldng on Pinelnust and Finn and even in overIIaw. One Iast tfiing, he submitted a neighborhood petition tbat was sent around in 1994 when the &ee pazldng restric6on was asked to be removed and there are he thinks fiRy-seven signatures, but it represenrs well over 100 people. People on Pinehurst, on Finn, aLso over on Highland Pazkway that - were against, vecy ooncerned and against having free parking co� about and �e detrimenral effects it wouid have on our neighbothaod. • Ms. Maddox questioned whether Mr. Spangenberg feels that if they had been meetiag with I.ifetime Filness on a quarterly basis. Mr. Spangenberg stated Lifetime Fitness has not met with us, they met with us a year and a haif ago. Ms. Maddog stated tt�at is not what she is asking, what she is asking is if you , feel that had you been meering with ffiem on a quarterly basis, might you have ironed some of Uils out. Mr. Spaztgenberg stated he could not answer Hiat because he dces aot know how they would hax�e respoadea to ont concerus. � Ms. Bogen questioned what time of day, or what day tfie pictu�es of the trucks were taken and some of • the picdues that look like spring time or summertime of the cars, not the snowy pict�ues of the cazs but the other ones. Mr. Spangenberg stated that those aze year around. Tvls. Bogen ciarified when were they taken? Were they taken last week or were they �keu a year ago? Mr. Spangenberg stated these aze from the past. The trucks aze during business hours obviously. Ms. Bogen fucther questioned were there recent pietures too? Mr. Spangenberg stated ttiat the truck pictures are from the past, tfiere was a big tmck Yhat dropped off a whole bunch of Lifeti� Fiiness equipment a few months ago when ihey expanded or got new equipment and he ran out and told the uuck driver he could not unload in the alley, so he wound up circling around and gomg across and pazking in �e gas station across the street then thay hucked the stuff across Finn and into the basement. He stated he has a picture of that but could not find it. Ms. Bogen stated that she guesses her quesfion is were these picteues taken before or after those restrictive covenants were signed? Mr. Spaagenberg stated tfiat those restrictive covenants were put into place baek in the early 1980s back before the building was built, before it was fini.shed. That agreement was hefote the budding was. Mr. Couriney questioned that he is not sure what he is supposed to be getting out of this, noting the first page, diis was posted on the daor wken you go inw die facility and did it say Lifetime Fitness LTL? Mr. Spangenberg stated that this is a memo that Lifetime circulated shortly after they took possession or became a sports and health club. He is not sure he wonid say it was within a year or two of when tfiey got the sports and health club license_ He dces not lmow how it was circulated, if it was giveu to each member or whether it was posted he cannot answer that perhaps Eric could? Mr. Courtney further questioned what is tfie point of this? Mr. S�iangenberg stated that the poinC is d�at their policy of charging p�ple the full rate after two hours conditioned people to pazk over on Pinehutst Mr. Coucmey srated that you are saying tHat the implication is there? Mr. Spangenbetg stated that he knows he experiences it � everyday. People teIl him, he would ask people why they gark here when they get &ee parking over na-Ann �a �ptoyer bS -�g� � File #08-045914 Mimrtes April 7,1A07 Page Six there and they told him oh no you don't hecause if you go over the two hours you have to pay the whole thing. He stated that he has spoken to fiundreds of people that have told him that. Mr. Courtney quesdoned hundreds of people that pazked in &ont of your house? Mr. Spangenberg replied yes. Mr. Courtney further questioned you live at 2130 Pinehursf if you aze going to go to Lifetime how aze you going to get there from your house? Mr. Spangenberg replied you go down Pinehurst one and a half houses to Finn, you cut over on Pinn; you go a half a block and you go into the garage or down the steps into the health club. Mr. Courtney ques6oned that he thought that Finn was blocked off there? Mr. Spangenberg stated there aze no cazs but there is a pedestrian waikway. Mr. Ward stated that with the photos here there is an issue of a time line, and you show the snow that was dumped off the rooF is that still going on, Las it occurred this winter? Ivlr. Spangenberg stated this was the previous awner and this was many years ago-and he pointed that out to the Board to show that snow was an issue. This yeaz Lifetime has chosen to appazenUy push the snow over in one section of the roof and it took up eight spots so theq in effect if they were saying that they had 275 spots year, azound . they ceally didn't because that snow pile took up eight spots. Mr. Ward questioned how do you know it took up eight spots did you go azound and eount them? Mr. Spangenberg stated his neighbor Henry did. � Ms. Maddox stated that this has been a long testimony, we welcome everybody to testify but we do ask that you please do not repeat anything that has already been said that is record all ready. Henry Waldenberger, 2115 Pinehurst Avenue, stated he likes kitty corner from Bob and he takes a lazge brun[ of the on street pazkiug for Lifetime Fitness members and for its employees. How he knows that is the employees aze identified by their black tee-shirts that say Lifetime Fitness; members are ideatified by. the club bag: They get out of the caz slam ffie caz door, open the back door grab the bag slam the back door hit the alarm button, the hom honks and they walk to the club. It is an ongoing problem it is not improving it is actually worsening. He is aLso a member of Lifetime Fimess although he has never worked out at that club, he would like to see them unpcove the club, but he is a little ir�itated that they aze holding the residents hostage to ic�rove the club. Eighteen months ago he believes they, were here in this same room where they were having their business licensing heazing and they told us they were going to engage in a mulfi-million dollar upgrade of the health club. So far we got some new machines and when the semi pulled from Bob's alley into the pazking lot of the gas staflon about twenty minutes after that happened he had to go over to the gas station parking lot and say he would appreciate it if you would shut your truck off because you are going to be here for a while. They had two guys, it's calied humping the laad, empting the load dcagging it accoss the street into the faciliry. In that hearing on the business license there was a very strong point made abont the fight problems f[om the pazking ramp. The lights on the north side of the pazking ramp shine direcfly into his windows they have made a rather haif � hearted attempt to comply with that and he was unawaze that he had to complain once again to the City of Saint Paul to get them to enforce their own restricflon they install shields that cut the light off from going up and un£ortunately we all live under tfie lights. Some of them they did a good }ob, on the lights on the back of the building they did an excellent job on. They actually installed lwo lights that were mandated � back in 1485 he believes and they did an excellent job using lights that work. He would be very happy if they upgraded alt the lights to the new sryie. He stated he is not even sure why they aze here because there is a paragraph in the originai City CouncIl proceedings from 1984-I985 that indicates that they AA-ADA-EEO Employer File #08-045914 Minutes April 7, 2007 Page Seven � cannot build out the rest o€ the building once they ltave used up their existing parking. In 1995 when Wendy Lane reiterated that to them in a letter ldnd of ��mroing all the restrictions on that building, indicating that they have to go to tfie City Council to get those modifred so he is not sure why we are here today. Going back to the fact that he is a member of that club he would love to see them improve that facility by their own admissions it is substandazd ptobably one of the worst in the entire countiy wide operalion. The building is built on comptomises over and over the neighbors have conceded and allowed thiugs to go forvvard and be changed and made faz larger dtan the block could ever support, He woula be wiiling to compromise again in that theg improve the health club w begin with given the pazking variance they need onlp for the health club, now he knows his neighbors will not tike hearing that bnt in the long nin xhat bnilding is going to stay there and we are going to have to leam how to live with it and wotk with it: He would love to sse them work with us, wa fiave not heard a word from them iu eighteen montLs; from them other than fhe residenfs goiug to them: They have some wonderful employees.Roger , fihe building manager he would love to help us but basiealiy he cannot sign off on a paiat bcush.. But _ simply to appmve the parking that die health club remodeling needs then study it. They have the means� aow of giving you a very precise pazking sludy they have a macfiine that counts oazs and chatges and can easily tell you every day and ever hour how many cars aze in that lot. He would like to see the Ciry of Saint Paul do a pazking study in general for the whole area. But then come back in nine montLs after they have completed their iemodeling and look at the other variances, the Liquor License he would never � go for it beoause he lived through Pudges, that is going to be a flash point for the neighborhood. " Mr. Ward commented that you live in ttie neighborhood you are even a member of the club, of anybody you have ttie mos� access to the people at the ciub to fell t6em how you feel, what is going on and if you have,access to alt this information you Imow how many spaces have been lost due w snow removai, you and your neighbor have beea taking pictures he would think that thep.would have taken that information talk to th8 general manager, if you cannot get through to the general manager go to somebody else• Mr- Waldenberger statec� that he called Mr- Buss a few months ago and he never retumed his call, he will-tell me I'm a layer but it is tcue. Mr. Ward continued call somebody eLse. Mr. Waldenberger stated he does not know who to call. Mr. Couctriey questioned how come the answer is not to have permit pazking on Pinehuis�l Mr. Waldenberger stated we have permit pazldng on Pinehurst Mr. Couriney stated he tfiougfit it was rivo houi pazking? Mr. Waldenberger stated it is by pemrit only two hours. Ms. Bogen commented gwre than two hours. Mr. Waldenberger replied more than two hours. Mr. Courtney quesdoned why not, no PazkinS� Ms. Bogen srated she was going m ask the same thing, she knows around Inring Pazk because of the Hospital they have no pazking maybe that is sometivng to look at. Mr. Waldenbeiget replied the two hours was a compmmise, ffie original request was for permit pazking only but we face a different �t of problems oa the ofher side of the block. We have the Cleveland Walk, the Highland Grill, the Fiig]iland Theater they have no pazking for their businesses. To install permit pazking only it wouid put them out of business, it is a very, very complex issue and one of the things he sees is that it is always examined from a minute.perspective when ever a variance is asked for. Ms. Bogen questioned whether Mr. Waldenberger received a letter from the club. Mr. Waldenberger • stated yes, however, he dces not think he has ever worked out at tfiat club. AA-ADA-EEO Employer ��-y�c� • File #08-045914 Minutes April 7, 2A07 Page Eight Mr. Kevin Mencke, 2135 Pinehurst Avenue, he lives very close to the club what he has in his right hand aze 35 signed copies of the letter he submitted to Mr. Hazdwick on Friday. Most of these the vast majority of these contain multiple signatures from neighbors on Pinehurst and Finn Streets. We have good reason to be concemed. He realizes that the Boazds time is precious and he does not want to repeat items that have already been brought up here. He stated he wouid like to read through this letter make a couple of points and then be on his way. Ms. Maddox replied go ahead. Mr. Mencke read "we aze writing to express our strong opposition to the pazldng variance requested by Lifetime Fimess. St. Paul's pazldng regulations establish that Lifetime Fitness be required to provide 392 off-street parking spaces in order to expand its facilities and we see no reason why the Corporation shouldn't be expected to meet its obligadons. As residents of Higtiland Pazk we appreciate the proximity and are patrons of many businesses in Highland Village, indeed some of us aze membecs of Lifetime Fitness and use the Highiand Pazk loca6on, however; balance between the needs of the businesses and the quality of life for the residen6al heighboihood i� delicate. Granting the varianee tequested by Lifetime Filness wonld irreparably damage this'already fragile balance of interests. i,ifetime Fitness' only neighborhood interaction regazding this request for a variance in zoning regulations was a presentadon from a coiporate executive in Mazch 24`� Committee Meeting at the Highiand District Council, was not convincing to those . of us in attendance that there is rational basis for the variance. We were ali disappointed in the District Councils' recommending the variance as we feel that our interests were not represented. The one day pazking study conducted right before rhe holidays by Lifetime Fimess and paid for by Lifetime Fianess was so narrowly focused and self serving that it cannot be used as a rational for them to be excused &om providing adequate pazldng for their patrons. Knowing the plan that Lifetime had to expand and improve the fiiness facility and new tenants and to potentially add a new Cafe with wine and beer it is obvious fkhat the building will be visited by many more patrons and that the parking situation in the surrounfliug neighborhood will get significanfly worse than it currently is. As neighbors living right by Yhe Lifetime Fimess faciliry we know that the current parking arrangements and rhe related business pzac6ces are --- wholly inadequate. The direct neighbors haze the btunt of the current inadequacies and cannot reasonably be expected to accept more. On an every.day basis in the course of at least the last year we observed that a significant number of pazked people ehoose to pazk on Pinehurst Avenue and Finn Sixeet rather than pazk in tfie parking ramp. On an everyday basis we experience ever inereasing parking on relatively narrow residential streets, ever increasingly rude conduce by some of Lifetime Fitness patrans as they cut across our yazds rather than using sidewalks. Ever increasing crime, vandalism and graffiti on both Lifetime Fihiess facility signs and our gazages, ever increasing volume and speed on Pinehurst and Finn, ever increasing failure of vehicies to stop at the stop signs at Pinehurst and Finn. Ever increasing volume of speed or traffic in the alley between Ford Pazkway and Pinehurst and ever increasing failure to abide by the one way traffic flow in the alley between Pinehurst and Ford Pazkway. Granting this vaziance will,not remedy the appazent inadequacies of the Lifetime Fimess Ramp Facility itself. It appeazs tfiat Yhe ratnp is very tigfit it dces not provide sufficient turn azound room it has poor security for an example no security cameras. It is easier for Lifetime patrons to pazk on our residential stteets than to navigate the uaffic and the traffic lights on Ford Parkway to park in the ramp that is • perceived as inadequate. We also ask the City not to examine the present request in a vacuum. Iiighland Village Businesses as a whole have inadequate off-stceet pazking and in addition ownezs of Nus Ford Parkway building have been granted several variances often times at the e�ense of the neighhorhood. The history of the Ford Parkway building inciuding the Lifetime Fitness' as ffie buiiding owners AA-ADA-EEO Employer File #08-045914 Minutes Apri17, 2007 Page Nine demonstrates that placing conditions while granting wning variances is inade4uate• No one monitors or assuras that the condiflons are met. Lifetime Fitness has not demonstrated sufficient reason to excuse it from providing 392 off-street parking spaces as tequired by the zoning regulations. Granting this variance would exacerbate the pazking aad traffic problems that e�st in our neighborhood. We hope ihat you wilT use this information and this opporpinity to carefully consider both the needs of the community and the preservation of this unique and beloved �ighborhood." Mr. Mencke stated that he thinks that rbis letter says everydvng he came w say today. This lettec is the result of a neighborhood meeting , where he was knocking on doocs, putting flyets in doors. Last Wednesday he showed up at the room where he told everyone to-show up and ffiere were 23 people in the room and he thought he was early and he was one of the last to show np. The reason for the meeting was to identify who else shared _- concerns; he. did not l�ow how Uis neighbots felt,,but he did know how kis close neighbots, felt, - Eie thinks ttrat li'e was abia to garner this many signatutes anci get everybody on board with this speaks ._ volumes for how ihis neighborhood feels. n u Mr. Hardwick questioned Mr. iVlencke whether he had invited a representative of Lifetime Fitness to the meeting? Mr. Mencke stated no he did not and the zeasoning and rationat behind that was thaf fie wanted to find out if his neighbors up and down Pinehutst acfually shazed the concerns that he had as well as a couple of ��a��a+P neighbors. e�nother neighbor who is here and 'mterested in speakin8l�ad made • multiple attempts to speak to an executive at Lifedme Fitness prior to tlus meeting aana a'as unsuc�essful in acivally estab lichino any.communication. His intention was, to not invite anyone other than neighbors so we could focus on, do we shace concerns, do we need to be here today, do we have common interests? Mr. Hardwick further-cZuestioned did you invite anyone from the�District CouncIl? Mr•_ Mencke stated there was a neighbor Bret Vantassel who sits on the Dislrict Council and he was pnable to attend. But there were actually two representatives from the District Council that were in attendance. Mr. Hudwick questioned whete they there representing,the Council or were they just there as neighbors. Mr. Mencke stated that they were tepresenting the Council one was Kathy Carruth she is a part of tfiat operadon and there was another gentleman Lance, he fotgets the tast nama, was also in attendance as a. proxy for Brent. Ms. Maddox questioned whether he was in attendance when the District Council held their uieerings? Mr. Mencke repfied yes. Reverend Lynn Seep, 2142 Pinehucst Avenue, stated that her garage and property abuts tfie loading and unloading wne and she wiIl speak to that specifically and then also the communication issues and lack there of: She is not making it personai but the attempts have been made at communicating with the resuit of complete rebuffing by Lifefime Fifness that is why we are hete, because there has not been responsibility on their part to respond to the neighbors. She tived thece for nine years it saYs no loading or unioading, no pazking that was the variance ttiat was written by the City Council in 1994. It took fou�en years to get a speed bump, thirteen Years to get a sign and the reason that happened was that she made it her job to putsue that. Because she was lock�l into her gazage because of a Ioading velricle when she had a death in her immediate familY, fhere is no response when there is a vehick pazked Uxere she cannot move oi get out The vehicle was parked there, they said go around and she ripped out half of her car, she called the City of Saint Paul Police Officer and she got a ticket for iinsaf�lane chanSe• • So they �mderstand the meaning of no parldng w mean she needs to be the one who needs to monitor tha� She talked to the general manager and lus insistent tesponse is that he is the owner of the Heatth AA-ADA-EEO Employer 68�`��� • File #08-045914 Minutes Apri17, 2,�7 Page Ten Ciub he dose not have anything to do with the alley. Iast �s�m?n.Pr they dug a 10 by 12 foot hole in the alley and she could not get out of hes garage she asked Lifetime Fitness and tkie response was that they did not know talk to Eric or Keith and again the City was called and it took two weeks for them to take care of tbat there was no nbtification to the neighbothood it distresses her greafly to come home and see graffiti on the wall that says "you Jewish Pig, you homo, I know where you live, and it takes days and aimost weeks to get that off that building. Their response is tttat we cannot wntrol that. She has asked for security cameras and they said it is too expensive. The volume that goes through the alley way and the sri�eet, the safety and the abdication of that responsibility of theit business they are forcing it on the neighbors. She is all for business and she really likes Lifetime Fiiness, but they have not in any wap initiated any conversation with the neighborhood and have played us. We were not given the noflce of this meeting until the 2At when they went before the Highland District Council until she tnade phone calls again, and again. She also encouraged others to flyer the neighborhood because. it seems W be her issue only, it is not, they have not taken responsibility for theu business. Theu other businesses are out in suburban azea with large pazking lots. There is less than five feet through the alley way and they said they are not in chazge of that. There is documentation from 1994 in the City Council minutes, look at it. Felix McGovem, 2146 Pinehurst Avenue, stated that Bob Spangenberg has asked him to reiterate thac he � has met with tenants of the building in the past, as far as meetings. Mr. McGovem s.tated that he has spoken to the maintenance manager of Lifetime a nuinber of times and as a result we caught vandals a couple of times, r1s a result of one of them the police contactecl the parents and wete instrumental in making the kids that did the vandalism fix the pmblem. Ae thinks thatthey repainted the walls on the roof of the building. He just wanted to say that just to get across that we have spoken to the mzintenanc� manager at least on his part. He does not think that it is his responsibility then to follow up on whether he has communicated to the main office in Chankassen he thinks that they c2id their part. The other two points he wanted to get across were from the findings, with respect to the staff, here it is not so much that the property cannot be put to a reasonable use, of course it can, ffie problem is Yhatihe Lifetime Fitness Center is not a reasonable use of the properry. If you think of a Lifetime Fitness Center it is a muid business center. It has what they caU the Life Cafe, a coffee shop, a spa which is like a hair salon, a bazbet shop, racket ball courts, swnnming pools, the avecage membership is 7,000 people per center. It is a seven-hundred million dollaz cotporaflon and you have to think of it in terms of each center more as a Rainbow foods and the pazldng space That would require or the Bally Fimess space down on Lexington and the pazking space that is there. So ti�at is why we are trying w fit a square peg in a round hole with this little pazking ramp and adjacent office space. It is just not suitable for th'is kind of business and that is why we were here a couple of yeazs ago at that time there was a representative from Lifetime Fitness here in this room and they said that they two hour pazking permit on the street and we said ok. We thought it was over and now we are back here again and that is not our fault, we have to, defend the Village at this point. Ae thinks that this business now and others like it is like the boIling water analogy where we kill tite frog in the watec before we know ii. What is at stake here now is the traffic on Ford, Pazkway and now on the residents like Pinehurst and we aze turuing Ford Pazkway intb a Highway 10 sltip mall. What we need to do is stop any further planning until the Ford Motor Company is out of their � space and then we can look at the Village as a whole and consider maybe the Lifetime Fitness will want fo move across the street to the old Ford Motor manufacturing site by the river. That is what he wanted to say about the first finding. AA-ADA-EEO Employer File !!OS-045914 Mimrtes Apri17, 2007 Page Eleven r� � Mr. Mc,Cmvem conrimied then he thought he wouid touch on finding nunnber six, as he said I.ifetime Fimess as of the last fiscal yeaz ending in December, is a seven-hundted million doUar corporation. The membership fees are only abont 60% of their total revenue the other what they call incentiqe reveuaes from their restaucant which is called the Life Cafe, the Salon and other businesses I�e ti�at is about 30 % and that is growing faster rhan their �mbershig fee. So wiih respect the caf� is not some negligffile amenity to the overall business it is aa integrdl part of the road st�ategy and t�at is where they are going . with trus they are getting to be a big corporation and they need enormovs economies of scale to maintain .- their net pmfit margin and so forth. That is why we are continually up here considering addidonal - variances there because they aze tiying to grow the business more than the capaciry of the Highland V�71age can handle and that is what he wanted to say, it is not3ust the residents on Pinehutst at this point .- it is the bveralt pedestrian livability o€ the whole Eiigliland village area. Mr. John Mueller, 2111 Pmehuzst Avemie, is the house that he owns right next to Henry two houses from Finn on Piuefiurst:- We are here today because tfiis btulding should have never heen built ,it never should have been allowed to be there to begin with and what we ara suffering today is because it. It has just taken this long fot it to come to a head. Lifetime even though they have been there for some time they just recenfly bought the building and they I�ew what the ]aws were and theg knew whai the problems were and they weritinto this l�owing exacfly whaTis happan9ng• `I7iey decided to take a � chance on it anyway. Parking couid have been bettgr through the years before Barnes & Nobel was built where it is now on Ford Parkway and Cleveland. Noting that his father was incrn�me� with the groug that was looking for parldng, the Iocal merehants did not want to spend the money to put a parking ra� there at the tmie. They did not want to come up with the money so all xhe people who wanted the business and the residents did not want to liave to pay for the puking. The previous owner of the . . Lifetime Fimess building, thece was a building at the west end of the properry tUat is now occupied by the 'Itvin City Fecieral Bank he had a restaurant and a barber shop that were torn down and he could have put in parldng or even a smalt raznp, if he wanted to and-they elected to go for the money,. To get the rent for it instead of hying to fieip the businesses there, so everybody ihat has heen involved with this knows what dvs probiem is. This previous Saturday morning he _dm�'e dawn these two btocks on Penehurst and there were 46 cazs parked and only i5 were permits. 'Phat means that there were about 31 cazs that were coming from somewhere else. He svbmitted 44 names of residents on tfiose three blocks that signed the petilion reading "As a Pinehurst Avenug resident I oppose gtanting a variance of off-skeet parking to Liferiu�e Fitness or any other busiuess at 2145 Ford Pazkway. Signed and printed with their addresses on them. Mr. 'I5m Guliani, 2087 Pinefiucst Avenue, he siated he t�as lived at that address for the tast 35 years along with his wife. We have fived in the Highland area for a tota161 years and have seen the evolution of the Highland shopping area and the Highland resideritial area at that time: As has been stated die neighbors on Pinehurst have been accommodatittg to the businesses to the best of ffieir abilities within reasonable bounds. We have heard that many of the businesses have not adhere to the restrictions that have passed on the various variances that have been approved in the past, tlierefore, he and his wife aze opposed to what he feels is an absorbent requast for a variance bf 116 pazking spaces over and above what they alteady have aliotted to fhat building. We know diat you put aa elephant in a Volks wagon and • it d�sn't work. To add additional pazking issues to an already_ over packed azea is going to do nothing AA-ADA-EEO Employea o�- �i�U • File #08-045914 Minutes Apri17, 2041 Page Twelve but create additionai problems as you fiave already heard. He has had an oppordmity to use that ramp as his wife had a cecent knee replacement Tfiere is a physical therapy business in that place over there. She could not waik and we had to drive there the parking ramp is undersized and terribly maintained, what he means by that is the railroad arm that goes up for exit and ineoming did not functioning they were backed-up inside the ramp going up two and three stories and he does not think that the top floor is used because the people aze discourage from pazking there because the ramp dces not even work in a functional way. People do not want to go through that so they bypass the pazking ramp and go over to residential streets. Allowing a variance of another 116 puking spaces, or to look the other way based on all the history of flus building in his view is not apptopriate so he encourages the Board to decline and deny the request for variance. . One last point the neighborhood is also changing over ffiere ue a lot of young childten on the street, in the houses that live on ffie street. With the congested pazking and the speeding that goes on and the people not even seeing the stop signs there will be an accident at some point: If we just put more traffic on the street you aze going to increase the opportunity for an accident to happen_ The problem is right here it seems teasonable and logical to him that we cannot apptove any more pazking in that area. • Ms. Bogen questioned Mr. Guiliani were there a lot oE spaces available there that made you think that people... Mr. Guiliani intetrupted Ms_ Bogen, there aze all kinds of spots in fact he went to the top floar unintentionally because you cannot �m azound you have to go up and around and thete are cazs coming down and the only way for him to get out of there was to go to the top spin around and come back down then he waited fifteen or twenry minntes while nobody, came to lift the gate so people weie backed up and there was all kinds`of frustration occurred. He dces not hava to be a genius to figure out thathe can pazk over on Pinehurst and he can get out of there right away. Ms. Bogen fiurther questioned fhat there would have been empiy pazking for the people on Pinehurst at that particulaz time? Mr. Guiliani replied certainly. Ms. Bogen further questioned how long ago was that? Mr. Guiliani replied she was going there in Novembe�.December and 7anuary. - Alexander Tselos, 2131 Rinehurst Avenue, he tUanked the Boazd far listening to this. He stated that Bric Buss is the General Council of Lifetime Fitness and he is sure that Eric is disappointed to hear the things . he is hearing today and he is sure Eric will go back today and ask how did all this happen without his understanding it? Mr. Tselos stated he does not know why people do not puk in Lhat ramp but he can tell you for whatever reason they don't. It is obvious and cleaz because you see people walking in with their gym bags walking in to work out. He would also like to mention that while it would be great if the use of public transQortation be increased, he takes the bus every single day to work and often home and gets off right in &ont of the gas stadon which is right next to the Lifetime Fitness and he is sad to say he has never seen anybody get#ing off that bus with a gym hag that looks like they are heading in to workout at the faciliry. Truth to be told even if Lifetime were generous enough to give every one of their members a free bus pass not very many of them would take the bus there for a variety of reasons including it is just not terribly easy to lug azound the kind of equipment one works out with. He has two � pieces of informadon that nnight be valuable. First he has lived in the atea for five years and has come to the neighborhood and since he has come he has heazd these concerns by his neighhors and what he thinks is important about that is to let everyone here know that those concerns are real and felt. Perhaps it is a shame that you aze only hearing about them now individually and his suggestion would be to have AA-ADA-EFA Employer File #08-045914 Mimrtes Apri17, 20Q7 Page T1�icteen Lifetmme to somehow work with some group of the neighbors here and once you have heazd that that group of neighbozs, particularly tfiose that Iive right behind Lifetume are satisfted with what has been worked� out than that is something that wuld be appmved at tfiat pomt in time. To him that would be a very good example of everyone working together. Someone men6oned couldn't you just go to perndt pazking wfiere you just probibit anyone from paz�ng there at all. We had someone come fiom the City of Saint Paul and speak to us about how that wonld be done and we were suzprised that it was a twelve step process with a required three readings before the City Council so he would be reIuctant even if that was avaiiable m have that be do�, had that process not worked out prior to the resolution of the issue _ here; because othetwise the variance would be granted and the pazking pmlubitions and permitting might not happen €or a while. .. . - _ � Mr. Ron Pederson 2098 Pinehurst Avenue, stated.he and his wife Lave lived in their home since 1985 . and they have had noth'ing but troubfe wifh variances and people parking and wrong way traff� it has- _ _. .. been constan�. We love business we support them all we have.to figure out some way if this is not,a_fit :- there they must have to move or have to revamp it somehow. You cannot put a stadium in downtown Aigliland and expect to Lave adeqtiate parking it is not g,oing to work. A lot of times we cannot pazk in front of our house this- is not five yeazs or nine yeazs we have been doing ffiis over twenty yeazs. - He hopes that Lifetime Fitness can work something out but their hands are basically tied-if they cannot � support enough parking in their facility they are going to have to do something else. We cannot take it on ffie street. Eric Buss, 4713 Colfag Avenue South, Minneapolis, stated t�at obviously there are issues. Issues=Ehat - exist with the long stancling relationship betwean residents and previous building owners, that were not good. We I�ew tfiat when we took over the .buitding that there would be some oTd wounds to heal and overcome: We have taken some good steps but obviously have not gone faz enough. He agrees tbat he - is ashamed to hear the coimtless list of stories about how we have. �n a bad neighbor, tUat has not our — intention in any shape or furm. We are haPPY �� the dialogue anQ he is happy to be the peison responsffile for any and all of these communications. He sfated he is offering that up and he will offer it up again, as part of our condidon with the Eiighland Park Distdct Council that is an item we agceed to he yvili telt the Board and he will tell the Neighbors, he has decision maldng suthority and he can apptove payment so he will be that person. The fruth of the matter is that the pazking ramp is aot fiill so he appreciates all the other comments but the iss�ie fiere befoTe us here today is whether we are.going to be creating a pmblem for the streets by granting the variance. We are not going to be displacing 116 cars from the rewp onto tha streets. The variance will aliow Lifetime Fimess as a tenant to expand their space and use that at a time tGat is entirely different &om the other tenaats within the lwilding• The Paz�ng study we conducted in December was scientific, yes we paid fot the study, we asked the City staff what we should do. Engage a parking specialist tn perform a study. We did so this study shows and the evidence from our ramp indicates that the parking lot is not full and that iacludes taking eight spaces on the roof to put snow. We do not have a problem of the rdmp being at over capaciry, to the excent that membecs aze using City stTeets to pazk. We are encoucaging them and reminding them and making it as easy as possible for them to use the ramp and we will continue to do so. He just wants to sum uP again � the issue befote the Boazd todaq is whether we are going to place a burden and hardship on the neighborhood. It is not our belief that will be the case. The other point to that is that we aze die primary AA-ADA-EEO Employ� yV / �V V • File #08-045914 Mimrtes Apri17, 2007 Page Fourteen • user of the pazking ramp, we don't want to create a sitnation whereby our own members are having a_ compcomised experience within our own building. Yes we are typically a suburban operation with a majoc pazking field but that does not mean that it will not work in this neighborhood as well, with the exception of certain items that were identified today. That do not have a lot to do with ramp capacity but do have a lot to do with where commerce and tesidential neighborhoods abut at various points throughout the City. Mr. Courtney stated that he would agree with you that the lot is not full. But he.would also ag=ee with the gendeman tfiere that your customers are probably pazking on Pinehurst, who's fault is it that the lot is not full? You came into this telaflonship knowing that there was a prablem with Pinehurst and tha neighbors and you knew that pazking was going to be a problem. You know that lot is not fiill he submits to Mr. Buss that it is his problem, it is youi fault that the lot is not full. You should be getting those people that ar8 pazking on Pinehurst into the lot. If you want.to avoid what is happening hete today. Mr. Buss stated but fihat will not fill the pazking ramp: O+n' study indicates that when you model the use and look at the use of the parking lot and the facility as a whole it does not fill the patking ramp. Mr. Courtney stated that is not his point. Get the people off of Pinehurst. Mr. Buss stated he brought a copy of the Ietter that was delivered to 4,000 homes and he is happy to share that. We will do what we can to encoutage people to pazk in the ramp and again he thinks they have made that as easy possible. The two hQUrs notice bulletin you have seen is from several years ago. Our policy is for 2 i/z hours and the way we run the ramp at the outside is that you swipe your cazd in and out and we don't even charge for up to 3 hours. We have made it easy for our membets to use that ramp and we will continue [o communicate and remind them. He does not l�ow whether they- can go outside and force them to pazk in the ramp but we will certainly entertain more ways to encourage utilization. Mr. Wilson quesdoned staff that the City Council Resoludon reads that "once the remaining pazking is used up the remaining tenant sgace must remain vacant until the pazldng issue is addressed." So that was a condifion that was placed on there by the Ciry Council,' are you in the wrong place or is he reading it wrong? That wouid be a condition placed by the Council that you cannot use those other individual tenant spaces once those pazking spaces were used up. Ms. Bogen stated that the way she read that is that if they wanted to expand they would have to come back to us to get a variance or get the pazking squazed away before they could use that extra space fnr offices, that is the way she read it. Mr. Wilson reiterated the pazking is used up. Ms. Bogen countered that at that point they have t� come back to get some resolution on it. Mr. FIazdwick stated tfiat he thinks that Ms. Bogen is correct, when that building was built the building was not intended to have vacant space in it. Eventually they were to fill that vacant space, that condition that the Council put on was an interim condition to allow them to pardally occupy the building until some time when they resolved that pazking issue is resolved is either providing additional pazking, obtaining • the necessary variances, or providing tenants that require less pazking in the building. This matter lias been before the City Council eight times and it has been before the Board of �oning Appeals six times, so thece •aze stacks and stacks of resoludons, tfiere aze covenants, there aze law suits, you don't want to know. But eventually the plan was not to build that building and fiave a portion remain vacant forever. AA-ADA-EEO Employer File #08-045914 Minutes Apri17, 2007 Page Fifteen Mr. Wazd stated that ail you have heard today, all the residents aze angry at this entire situation and one of tile things he has not heard Liferime Fitness say is how they aze going to address loading and unioading of trucks. Contrary to the belief of some of the people in this room this issue really burns him because it happens all over St. Paul, there is not enough pazking anywhere and with the volume of business you are trying to do there, you got people's cazs being ripped open, holes in the alleg, lights that are disiurbing people, disturbing their own comfort and peace in their own homes, what aze you going to do about the lighting. He undetstands that the gcaffiti is unsighfly you do not have personal control ovet that, but yw maintain the buitding it shoulcl be taken caze of But unioading and loading af trucks where is U�at going to happen in the alley, it is still happening in the alley. Then the lighting that is dis(urbing the people but as a Board member heariug this sNff he �as to vote on whether you get a variance approved and just hea[ing the amount of problems it is creating �or the neighborhood. � Mr. Buss stated that the loading and unloadiug was an item that he was not even familiaz with unYi1 our District Council meeting a-couple of weel�s ago, w� have Lo maue that up front; ?hera is just no doubt about that. They aze right we do not kiave any industriai tenants or manufacturing, and that is wflere load'mg and unloading shoutd be a si�ificant issue. He believes that &ont entrance is more than adequate for mlliag m paper and office suppfies and he has to befieve that is �e. most significant items - being loading and nnloaded, so we will work on making that happen immediately. The lighting we had though we Lad resolved that issue until our District Council mceting a coupie of weeks ago where one of � the gentlemen pointed out to him tUat their lighting guard was doing a better of eliminating light that was reflecting up rather than down and he committed to him that they would get that fixed immediately as well. Then the final item is the gcaffiti, he t}unks that they have come a long way in that, we have fgll time security at that building_ Vandalism is a problem in that neighborhood to a certain extent he does not believe that it is any of their members or tenants that are causing that, but to the exterit that we can get securiry cameras in there and have them be effective, we will do so: The first step we took was to .. engage security to be on premises at all times when we do not have aormal prescience there during the regiilar worldng hours. He thinks they have done a decent job on that but there is still some ways to go on that obviously. Mr. Ward questioned the issue of the ingress and egress gates being inoperable, the genfleman said he had to wait twenty, minutes and cars are stacking up, he would not want to pazk in a garage he could not .- get out of, he is going to. break the gate to get out. Mr. Buss stated that they raise the gate whenever there is a problem and we don't collect any money from the folks that have been parking there. Again if it creates a negative experience for our members because they aze waiting behind some members that cannot get out we have the abiliry to raise the gate &om downstairs in the heaiffi club and we do so. He thinks that their antomated machine has come a long way and it is easier to get out of there than back in the days when there was a person manning thaY booTh. Tenants that use the facility for their paz]ang purposes have scan cards as well W get in and out Mr. Ward further quesaoned and maintaining tt►e gacage itself, its appearance, and whether or not the people feel safe inside those are all community concerns they aze all things that as he hears all this and looks at all the information that is before him, if you knew that there was a problem why not be pm-active and why not talk to these people and find out -� what some of their issues are before walking into it then we do not get tfiis. Mr. Buss sfated that he a� and he does not think that theie is a security problem in the ramp right now. The incidence of AMADn-EEO Employer 65��1�� • File #08-045914 Minutes April 7, 2007 Page Sixteen vandalism and things of that na�re we do not see a significance of those incidents of those items since we have been fiilly responsible for the buitding and since we have engaged security people over the evening. There aze random acfs tbat happen sometimes but we will continue to monitor that and try to make it the best possible. Again clearly what has come about from this meeting and the meeting a couple of weeks ago is the iucportance of an ongoing dialogue between us as a neighbor and a business rhat benefits from the neighbors. The neighbors aze sometimes inappropriately harmed by actions of people that are actually using the building or taking. advantage of the building. He is committing to that and will commit to that again today in front of the Board and all the neighbors that he will be the person responsible for having the dialogue with them and he is someone who can resolve the issues with Lifetime Fitness. Mr. Hardwick questioned whether there were signs posted in the alley or on the back of tUe building that say no loading or unloading? Mr. Buss stated he heard someone say that there were. signs. Someone in the audience §tated that there aze no signs. Mr. Buss stated ihen we will post signs. _ Mr. Courtney questioned whether Mr. Buss would be willing to come back in iwo weeks after meeting with tfiese people and coming up with a better plan, you would get at least one voke. Mr. Buss stated that he continues to focus on the issue as to whether the ramp adequacely sezves the .building. He believes it • does and he thinks that they have issues that they can resolve, we need to continue to do that outside of _ this variance process and he is committed to making that happen. He is committed to making that happen and was committed to that thirty months ago when we got our business license and got our six conditions to the business license sarisfied and addressed immediately. Shame on him for ffiinking most of the issues kiad gone`away because he had not heard much. He will reengage on that but he believas at the end of the day nothing about nitimate resolution that we have with the neighbors will ultimat�ly change the formula on the pazldng study that has been done on the ramp. He believes it does work. Mr. Wazd questioned whether Ivlr. Buss were willing to gn back to the community in another meeting and iron out some of these problems before we vote today? Are you prepazed for us to vote today? Mr. �uss stated that he does not think it will do him any good to go back w a District Council Meeting but he is ptepared to meet, as we committed at the District Council Meeting, with a representative group of the neighbors, whether it is 1, 2, 3, 5 or however, many they want to do it he couunitted ta it with a periodiciry or monthly, quartecly, what ever fhey nced it to be. That was our promise at the District Council Meeting we have exchanged some e-mails that first meeting has not happened, but he commits to that. He just does not know whether the District Council form is the right form for that, he thinks a special relationship betwesn the Lifetime representative, Mr. Buss and the neighborhood group is the right way to commit to that. Mr. Ward questioned so you want us to vote today rather than work through the neighborhood. Mr. Buss stated he is fairly green at this process and he does not understand what Is the right way to continue on this. Ms. Maddox asked for any further questions. Hearing no further tesfunony, Ms. Maddox closed the • public portion of the meeting. Mr. Wazd stated what is before us here is whether we approve a variance for 116 vehicles all tl�e other testimony that we have heazd from the neighborHood is applicable to a certain degree, but our job is to AA-ADA-EFA Emptoyer File /{08-045914 Mina�s Aprit 7, 20(?7 - Page Seventeen look at the vatiance. He would have to say he would be in favor of them laying it over and giviag them a ehance bo resolve some of the pmb2ems. Get more people from the communify tn voice t�eir concems to him it is obvious fhat there has not been any dialogue. There are a lot of people that ueed to get . thmugh some stuff he thinks it would create some further issues just not giving them a chance to do that. Mr. Wilson stated that he dces not think they have addressed the pazking issue, they are tcying to avoid it by asking for the vaziance. Efe wouId make a motion to deny, because based on number 2 and number 6 he thinks that there is sbme finaneial (could not hear} too. They have not addtessed the pcoblem, they- liave not gone out as bestified looking for more space they are asking ns to forget about it � Ms. Maddox asked whether that was a motion to den}!? Mr. VJilsan replied yes. Ms• Maddox asked if diere was a second. Mr. Couriney stated tt�at to the degree that he can he wwild �cond Mr. Wards , suggestion oF a two wee'k lay oder. E�e stated that he is glad to.see all the neighbors here aad he is g}ad :'. that they could make it. "But fie is pmbably going to vote against it anyway, but to give Lifetime Fi4nass - the opportunity to come back witfi a plan, get the people in the pazking lot, as a peFSOn wfio has been in that pazldng lot, it is undemsed and he thinks it.is a fault of Lifetime. They sfiould require theit employees to park there, they stiould send a notice out, they should have signs all over the place telliqg them to park there; He hates to see a building empty bnt he will vote for ihat if he has to, but right now he is going to stay with the continuance and see if they can do something in two weeks and come up with • a better plan, there is no plan thece. - Ms Bogen stafed that they are nsing swipe cards and rhey will know if their employees are driving aud not pazking in there, they ought required it and come down on the employees tha[ are not doing it. She contended that she does not think that the studp,that they did might have been a very good picture of the overall pazking tequirements, the week before Christ�mas, she belongs to a health club and nobody gces to the healtli clu�between Thanksgiving and New Years. Then New Years they come up vvith� new resolution and in Janerary rhey start going again. Any pazldng study done the week before Christmas is not going to be valid. Ms. Maddox insmicted that this would be hoping tbat some of the neighbors can get together with Lifetime Fitness afld get some of this imned out and maybe have more of a detailed plan before we vote. She stated that she is votiag agaimst This because she is ready to uote on the variance and she thinks that these other issues do not have anything to do with the pazking variance. She dces think that Lifetime Filness needs to make a commitment to meet with the neighbors and Mr. Buss shoutd give his card with his phone number to everyone that is here boday. But she does not think it sfiould be contingent on whether they can get together in the next two weeks. That may be impossffile with everyone's schedules. Mr, Wilson stated that there is no telling how many (could not hear). Mr, Courtney questioned staff if we vote and they loose, aze they prevented from coming back for a year or something like that. Mr. Hazdwick replied no they can reapply or appeai the Boards decision to the � City.Council. Ae4ADA-EEO fimployer b8- ��� • File #08-045914 Minutes Apri17, 2007 Page Eighteen Mr. Ward moved to continue the case to_Apri121, 2008. Mr. Couttney seconded the motion, which passed on a roll call vote of 5-2(R'ilson, Bogen). S�bmitted by: John Hardwick � • Approved by: Gloria Bogen, Secretary AA-ADA-EEO &mployet � -I��z� i APPLICATION FOR ZONING VARIANCE Deparhnent of Safety and Inspections 200 Commerce Building 8 Fourtlt SL E' Saint Pau� MN SSI01-IO24 GerteraG 651-26(r9008 j�p�j� Fax: (637) 266-9099 � 1►� 2��$ APPLICANr Name Carol Lansin2 on bek�alf of Life Time Fitness, Ina Company Faeere & Benson LLP Address 2200 Wells Fareo Center 90 S. Seventh Stzeet City Minneapolis St MN Zip .55402-3901 Daytime Phone (6121766-7005 . Property Inferest of Applicant (owner, co¢tract purchaser, etc) Name of Owner (if different) LTF Real Estate Companv. Inc. Owner Contact Eric Buss Life Time Fit�ess Inc. Execirtive Vice President and Generai Counsel Owner Addeess 29�2 Cor�orate Place Chanhassen. MN 55317 Owner Phone (95 21 229-7 1 04 . PROPERTY INFORMA'FION Address / Location 2145 Ford Pazkwav. St Paul. MN. 55116 Legal DescripYion Lots 16 thro��eh 30 inclusive. Block S Saint Cat6erine �azk (a#ach addi[ional sheet if necessary) Lot Size 75.555 sa. ft. Present Zoning B2 Present Use Proposed Use Multi-tenant, Mixed-use Commercial Variance[s] requested: Vatiance to reduce the required pazldng for the site &om 392 spaces to 276 spaces to allow for expansion of the existing fimess center, addition of a cafe and occupancy of the existing vacant tenants sgaces am this mulri-tenant building witS general office uses. Supporting Iaformation: Supply the necessary information that is applicable to your variance request, provide details regazding the - project, and explam why a variance is needed. Duplexftripl� conversions may require a pro forma to be submitted. Attach additionat sheets if necessary. Please find attached the following supporting informarion; 1. Statement Supporting Variance Application. 2. Table of Pazking Requirements Per Cade Analysis Under Secrion 63.207. 3. Squaze Footage Report for Life Time Fitness Highland Rark Building (2145 Ford Pazkway) 4. Parking Iwpact Study - 5. Club Usage Statistics Summary for Life Time Highland Pazk Club Attachments as required: Site Attachments Pro Forma Applicant's Signature ( � A" I`�� �'�/ �,l� Date 3 / � � /0 � ro.�nms7s.oi '.�'y' �'wJ'V � �'�,� �""`,l .,.:� r ti - y� t- - �! � � � / � � APPLICATION FOR PARKING VARIANCE BY Lu� 15m� F7rrxESs Fox 2145 Fo� PnxxwnY STATEMENT SUPPORTING VARIANCE APPLICAI'ION PROJECT STJbA�ARY Life Time Fitness ("Life Time") owns the building at 2145 Ford Pazkway in which its Highland Pazk club is located. Life Time is applying for a pazking variance with the desire to expand aad remodel the health and fitness center in the basement of the . building, add a deli-style cafe as part of that remodel, and ha�e the ability to fully lease out the office space within the building. Life Time intends to expand the fitness center located in the basement of the building by approximately 14,000 - 15,000 sq. ft., creating a fitness center of approximately 38,762 sq. ft. The azea being used to expand the fitness center is currently occupied by common azeas and tenant space. Some of the features included in this expansion and remodei aze: relooation and expansion of the child center, upgrading of administrative and office spaces, addition of a Lifespa with a variety of beauty service and product offerings, two � new group fitness studios (including a spin bike studio), and expansion and improvement i of both the male and female locker rooms. These additional amenities are intended to serve exisfing members and Life Time does not anticipate that the overall membership of the fitness center will increase significantly as a result of the expansion. Another planned 'unpro�ement to the building that would be part of the overall fitness` center remodel is the addition of a 2,741 sq. ft. deli-style cafe, prunarily intended ta serve members and tenants. Life Time prototype centers all have Lifecafes in order to meet the nutritional needs of inembers as part of the overall Life Time "healthy way of life" mission. The Lifecafe would greatly benefit tenants and their employees as it would pmvide a quick and healthy lunch choice that would not require leaving the building. There cunently aze no food service uses in the building. Following the expansion of the fitness center and the addition of the cafe, there will be 12,135 sq. ft. of vacant tenant space rema�n;,,g in the building. Life Time would like to be able to lease these spaces for general office use. PARKING REOUIREMENTS PER STRICT APPLICATION OF THE ZONING CODE A table of the "Parking Requirements Per Code Analysis Under Section 63.207" is included with this application. The table lists all of the existing and proposed tenant spaces in the building, the azea of each tenant space, the pazking requirement by type of • use, and the required parking per teriant based on the requirements of Section 63.207 of the Zoning Code. ?,lso included in this application is the "Squaze Footage Report" � ::: - _ <a. a � ' -s. _ prepazed by RSP i Space that pmvides the data regazding the area of the existing and • proposed tenant spaces, including the proposed Life Time filness center eapansion and Lifecafe. The table shows that a total of 392 pazldng spaces would be required per Section 63.207 for a11 uses in the buildiug following expansion of the fitness center, addition of the cafe, and occupancy of the currenfly vacant tenant spaces with general office uses. The total number of onsite pazking spaces is 276 (266 parking spaces in the pazldng ramp on the east side of the site and 10 spaces in the surface lot on the west side of the site). Under sirict application of the zoning code, there would be a deficit of 116 spaces. PARKING REQUIItED BASED ON PARKINGIMPACT STUDY Actual pazking demand in a mixed-use building such as the subject property is often less t7�ari the pazking required under Section 63.207. T1ie difference can be the result of many factors, including the proximity fo transit, ttie �atent to whibh custcamers aud employees can wallc orbike to the building, the extent to which customers of a commerc�al azea such as Highland Pazk are patronizing multiple commercial buildings in a single tiip, and differing peak pazldng demand times for the various uses in the building. . • In order to assess the actual demand for parking under existing conditions and to forecast the pazking demand tUat will be generated by the proposed expansion and additional uses,_ • Life Time commissioned a Pazking Impact Study ("Study") in December 2007 (a copy of tlris Study is included with this variance application). The Study was prepared by Spacle Consulting. The Study was completed on Tuesday, December 18�`, 2007 from 7:00 a.m. to 8:00 p.m., which covers both the morhing and evening peak usage periods. The Study involved collecting existing pazking data by counting the number of occupied stails in tlxe pazking ramp every half-hour between 7:00 a.m. and 8:00 p.m. and conducting interviews aY alI of the ramp entrances to determine which business the patrons� were visiting and how many people were in each car (vehicle occupancy). The Study then forecasted the traffic that would be generated by the Life Time Fifness club expansion, the addition of the Lifecafe, and the full occupancy of currently vacant tenant spaces with office uses. The Study showed that, under existing conditions, the peak pazking demand during the moming was 205 occupied pazking spaces at 10:00 a.m. (77% of ramp capacity).. The aftemoon/evening peak demand, which was aLso the peak demand for the day, was 213 occupied pazldng spaces aY 530 p.m. (80% capacity). The lunch-rime (11:00 a.m. to 1:00 p.m.) demand averaged 187 occupied pazldng spaces (70% capacity). The 266 pazldng stalls in the parking ramp were never fully occupied during the study period Tlie Study also provides evidence thaY a primary reason why the 266-stall pazldng ramp has excess capacity for the demand generated by the existing uses is because those uses liave varying times of peak demand and, thus, aze well-suited to ulilize a"shazed pazking 3 The pazl�g study only evaluated usage of the 266-stall pazI�g ramp. It did not incIude study or report � of the Usage of tfie 10-stall surface parldng lot on the west side of the build'mg. 2 S yS i bS- �g� • arrangement. The Study shows that the clinic, bank and office uses in the building generate peak pazldng demand during the morning, while the fitness center generates peak demand during the ]ate aftemaon and evening. Fitness Center usage statistics for the month of December 2007 (included with this application) and for December 18�', the day of the Study, further illustrate that the peak hours for the fitness center begin at the end of the working day when the parking demand from the clinic, bank and offices has declined. In order to forecast the additional pazking demand that will be generated by the expansion of the fitness center, addition of the deli-style Lifecafe and full occupancy of the vacant office spaces, Spack Consulting performed a trip generation analysis based on the methods and rates published in the ITE Trip Generation Manual, 7 Edition. The resuits of this analysis, which assumes the expansion will add new members, indicate that the fully-occupied building will generate a peak parking demand of 258 spaces in the p.m. peak hour. (a forecasted increase of 45 vehicles). This forecast is 8 parking spaces less than the 266 total spaces available in the ramp and 18 spaces less than the total number of available pazking spaces on the site including the surface pazking lot. The morning peak hour demand would rise to 251 occupied spaces, a forecasted increase of 46 vehicles, but still less than the 266 pazking spaces avaifable in the parking ramp. • REOUIRED FINDINGS BY TI-IE BOARD OF ZONING APPEALS The Board of Zoning Appeals must make certain findings before granting a variance. Based on the data and information submitted with this application, and as explained below, the application of Life Time Fitness for. a variance to reduce the total pazking requirexnent for the e�sting uses in the building, the proposed expansion of the fitness center to 38,762 sq. ft., the addition of 2,741 sq. ft restaurant, and occupancy of the remaining 12;135 sq. ft with general office uses, meets the required findings. 1. T7xe property in question cannot be put to a reasonable use under the strict provisions of the code. Under the strict provisions of the parking requirements in the Zoning Code, Life Time is unable to fully lease out the building or to add amenities that increase the area of the fitness center. This restriction leaves prime office space empty, thus preventing a positive econoxnic enhancement to the azea. Full urilization of the vacant tenant spaces in the building, addition of a restaurant to a mixed-use building, and expansion of the fitness center aze reasonable nses of the property. 2. T7xe plight of the landowner is due to circumstances unique to the property, and these circumstances were not created by the landowner. � The Highland Pazk building and pazking ramp were approved by the Cify and constructed many yeazs before Life Time purchased the property. The 266-stall pazking ramp has never had sufficient capacity to meet the strict parking requirements of the Zouing Code 4���a � i '_ � — for the building if it is to be fully-tenanted with the mix of uses that is necessary for a • commercial building of this size in Highland Pazk to be economically viable. However, fhe size and location of the building also makes it uniquely-suited to serving a mix of tenants with varying pazldng demand times that allows for a successful shared pazking arrangement. 3. The proposed vcr�-iance is in keeping with the spirit and intent of the code, and is consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City of St. Pttul. The variance is in keeping with the spirit and intent of the. provisions of the Zoning Code that recognize and encourage ihe benefits of shared pazking arrangemenfs._ The Pazldng Study and data provided with tlus application show that the available onsite pazldng is adequate to accommodate the actuai parking demand that will be generated by-the existing and pzoposed additional uses in the building. Granting the requested pazking variance, therefore, will not cause additional pazking congestion or otherwise be detrimental to the health, safety, comfort, morals or welfare Qf atea residents and businesses. 4. The proposed variance will not impair an adequate supply of light and air to the . adjacent property, nor will it alter the essential character of the surrounding ared or unreasonably diminish established properry values within the surrounding areas. The variance that Life Time is requesting wiI1 not impairthe supply of lighf or air to tfie � adjacent properties as there will be no structural changes to the exterior of the building. The proposed expansion of the fitness center and additional building tenants will not diminish prop,eriy values or alter tha esseniial character of the starounding area To the contrary, Life Time believes that the proposed improvements to the fitness center to posifion it as a first class health club, the addition of a restaurant to serve employees and - customers of the building and of the Highland Park commercial and residential area generally, and the addition of business tenants will enhance the economie vitatity and property values in the azea. 5. The variance, if grantec� would not permit arry use that is not permitted under the provisions of the code for the property in the district where affected land is locatec� nor would it alter or change the zoning district class�cation of the property. The variance Life Time is requesting will aot permit any use thaY is not permitted, nor would it alter or change the wning distr�ct classification of the properLy. 6. The request for variance is not based primarily on a desire to irterease the value or income potential of the parcel of Zanc1 The proposed pzoj ect is not based primazily on a desire to increase the value or income potential of the pazcel of land. Life Time is espanding and remodeling to provide a better . experience for its current members. The Lifecafe is intended to be an additional aznenity 0 .. � �� 6� -� 5 �� bK • to members of the fitness center, as well as to building tenants and Highland Park azea employees, customers and residents. Filling vacant tenant spaces will simply serve to realize the existing income potential of the property. CONCLUSION After being a tenant in the building at 2145 Ford Parkway for many yeazs, Life Time purchased the building on October 14, 2005 from a subsidiary of Hoyt Development. While Life Time realized that the building had a complex and idiosyncratic history, Life Time saw an opportunity to enhance its fitness center and upgrade the commercial office space. Since purchasing the building in 2005, Life Tnne has invested over $600,000 in improvements. One of the most striking changes made to the facility is a remodel of all the common areas on the fixst, second, and thud floors, which has drastically unproved the look and feel of the interior of the building. While these aesthetic improvements have beautified the inferior, more substantive changes aze needed to modernize the building and put it to its best use. The contemplated expansion and remodel of the fitness center and the Lifeeafe will huly improve the functionality of the entire facility by providing enhanced amenities to bofh Life Time members and tenants. Allowing the vacant tenant spaces to be occupied will provide an opportunity to draw new office tenants to Highland Pazk whose businesses will also benefit from the upgraded building. � This building has never been fully-occupied since it was built, due primarily to the fact that the number of parking spaces in the ramp were not adequate to meet the pazking requirements of a fully-leased building under the strict requirements of the zoning code. It serves no one's interests for tenant spaces in the building to remain vacant. Rather, it is beneficial, not onlg to the building owner, but also ta the other building tenants, the Highland Pazk Business District and the City that existing vacant office space in this building be fully-utilized. Empty tenant spaces are a drain on the commercial and economic vitality of the entire commercial azea. The Pazking Study and addirional data submitted with this variance application show that the mix of eausting and proposed tenants in the building is ideally suited to shaze the pazking available in the pazking ramp with no adverse impacts because of their varying peak demand times. Highland Pazk is one of Life Tizne's oldest facilities and the members have long awaited a remodel of this nature. Approving this application for a pazking variance wili allow Life Time the opporiunity to better serve its membexs - many of whom live or work in Highland Park - and its tenants, and will help Life Tnne Fitness continue to be a strong business partner in the neighborhood and the City of St. Paul. fb.us2626952.02 � �. '� : �-:�,� , ; , .: �.�, _.-,>. -�-- ►', � F Parldng Requirements Per Code Analysis Under SecEion 63.207 • Life Time Fitness — Higiiland ParkBuilding Mazch 2008 Tenant Space Use Parl�ng Spaces enant * SI�** Re nirement Needed Basement � LTF 38,762 SF Health Club 1/260 SF 174 +1 per em loyee (25) First I+'laor LTF 2,741 SF Restaurant, 1/125 SF 22 TCF Bank (1) 3,853 SF Bank . 1/240 SF 16 Fairview (2) 12,Z12 SF MedicaUDentaU 1/250 SF , 51 Clinic/Office IAM(3j 2,147 SF MedicaUDental/ 1/250 SF 9 Clinic/Office Fairview (4) 1,210 SF Drug Store 1/250 SF 5 Highland 1,279 SF Finance/Tnsurance/ 1/275 SF 5 Federal Rea1 Estate Office Mort age (5 Wells 2,993 SF Bank 1/240 SF 12 Fargo (6) LTF 7) 2,097 SF General Office 1/350 SF 6 Vacant (8) 3,170 SF Intended General 1/350 SF 4 Office Edi 9 1,793 SF General Office 1/350 SF 5 Second Floor . Cleveland 1,191 SF MedicaUDental/ 1/250 SF 5 Dental (10) Clinic/Office Northern 3,OOd SF General Office 1/350 SF 9 States (11 Sheffield, 4,481 SF General Office 1/350 SF 13 Olson & McQueen 12) Finn Daniels 3,043 SF General Office 1/350 SF 9 �� Ib � n U �;. �� _ ��-Y- �_.. _:� `� �� i C� Life Time HigYiland Park Building Parking Requirements Per 63.207 Page 2 ��'�c�� �� Tenant Space Use Parking Spaces enant # S Re nirement Needed Third Floor Vacant (14) 4,223 SF Intended General 1/350 SF 12 Office Vacant (15) 4,742 SF Intended General 1/350 SF 14 Office Sheffield, 4,718 SF General Office 1/350 SF 13 Olson & McQueen (16) Total. 15,662 SF 1(5000 3 Common Area TOTAL 392 * The "Tenant #" in this table conesponds to the Tenant # used in the Squaze Footage Report prepared by RSP i_SPACE. ** The azea of the spaces used in this table is talcen from the "Usable Areas" measurements in the tables in the Square Footage Report. � Parkin� Spaces in Ram�: 266 Spaces Bank Lot Parking Snaces & 5 Stacking Spaces per Driving Lane for TGF: 10 additional spaces and the required 5 stacking spaces Total Available Pazkin�S ap ces:. 276 Spaces Parkin� Shorta�;e Per Section 63.207: 116 Spaces fb.us2661335.03 � S � � O � � � � � � � � O ..1.� Q � � t/� � � -F� 1..1.� W � � W �� � � L � � ` � n VJ Z � o� F �� O a � C � � J 2 � s W O O aNN °�� P �► O OC �C � m � � � W > Q �i.i E° a� � �z H � Z � W � � W � � � � ti W c� Z C J � m �- m 0 W � O W � O . � l J � -, - � � ♦ �,�`:�. k �. ..::�aa ` " �e��: 0 s �� � r �� � � � � � � � � � � � � Z � Y L � a r� C a I� » n as U C7 �� �' O. 9 LL. _ � � 3 y 6 J CA — - rI �r � -� _ N e9 N W F Z � � .. 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O o � N L F R m ¢ m � m c m 2 ea .� m Q w � ' Q w m a H Z w N 2 m z @ O �� o � � O � U y a C:J y �o � � m p� � U C .� �, a m m `C � + � R ¢ � � 2 Q Q H W 0 �ma m a,�"a Z a � J �6�m C • �� a w .� m z � �' ¢ W .l a y � \ R�� � a U p V Y � J '� m Q m Y L O] II � �' � m Q m a . � � m s � C ' V .3 m Q w s Q • Z 0 � c C O U � 0 m cc ¢ m W Q °C Q C W 0 Em E ¢ U Z . � W ` c � � a � .4 .= 0 � m m C �a a � ~ � O � H t � `--' m � � 4 Y Q � tq W � =p � O Q - Q Y w ' m -� m � �� O W � G Q t � � Q � � O dl � C�i 'y��� m ¢ � h C � m � O �-- II � C� m L 1--� O � � � � s � C � . •__ ' __ m ¢ W 2 Q W J m Q i-- Z w 2 J Q - L � 0 o F � n "- O � F � Q � 2 � c� � s �� U' m o m � L m �-' x y � W �Q a s ,,, ma R aw � 1 Y m L �� `m � Z O. w m � �O Q W � J � (�] m a Q c m ��- � � U � .% y ` w ¢ s m m ~ m L H R m Q m � m c m 2 R O F � � e. � � � 0 � E c t 0 a �< �� �^ a � � �_ �� �;��� ;. � , -�� ,, r : ,rv� � '" _ � _ � -� `� : t � �: � �� � � q t � n.y�1 � i- /'ci. .JS S1 TABLE OF CONTENTS 2. 3, 4, 5. 6. 7. ExecutiveSummary .:........................................................................... � Study Description ................................................................................2 DataCollection Procedures � ...............................................................2 Dat�a Results ......................................................................................... TrafficForecasts and Anatyses ..........................................................4 Conclusionsand Recommendations .................................................5 p►pPendix ............................................................................................... 5 LIST OF F}GURES Figure7 —Location maps .....................................:.......................................................1 _ .. Figure 2— Parking Ramp Arrivals by Destination ......................:...............................3 Figure3= Parking Ramp Utilizatiori .:.................................................:........................4 LIST OF TABLES Table 1— Expansion Traffic Generation ......................................................................5 LifeT'rmeFiiness i . St Pau� MN Pmkittglmpact Study Mm�ch, 2008 • • � D� � ��� 1. F�cecutive Summary a. Background and Purpose � � � �. -� �" ,��;.g= h , D- -(� 1�F life Time F'dness currently owns a 11 d,Q00 square foot multi-tenant buiiding on the northwest comer of the Ford ParkwaylFinn Street intersecfion in the Highland Park section of St Paul, MN. They currenHy occupy 24,000 square feet and are proposing a 15,000 square foot expansion to the heaith cfub in 2008. The office buifding is occupied by a WeNs Fargo branch, Fairview medical elinic, and several professional services providers in addition to the Life Time Fit.ness. A 266 parking stall ramp is provided east of the multi-tenant building for the building's tenants and patrnns. �everal of the parking stalis are reserved for specific tenants of the of8cs bu'slding and five stalls are designated for handicapped use. The ramp has a single access point, located on Finn Street north of Forii Parkway. Figure 1 shows the location of this office building and parking ramp. , • Typically, motorists pay to park in the ramp. The automated gate system has routinely malfunctioned over the last six months, so Life Time Fitness is currently leaving the gate arm up and not charging for parking. They wili resume charging for parking in the ramp when a permanent solution for the automated system is determined. The purpose of this study is to determine if the proposed expansion wifl create the need for additionaf parking beyond that currently available in the adjacent parking ramp. If there is forecasted ramp capacity with the full Life Time Fitness expansion, Life Time Fitness would like to add a restaurant on the main floor of the building and lease the unoccupied office space. We wilf ana{yze the amount, if any, of additiona4 uses that can be accommodated by the parking ramp. n LJ Life Time FiMess Parkinglmpact SYudy St. Pau1, MN Mm�ch, 2008 Figure 1 - Location maps b. Resu/fs �� ) � ' .J ,�'� `T � � Based on the analyses contained in this report, the full Life Time Fitness expansion will not have an adverse impact on the exisiing transportation infi�astructure. The e�asting parldng ramp will have a peak parldng demand of 258 spaces.with the 15,000 square foot Life Time Fitness expansion, 12,135 square feet of office occupancy, and 2,653 square feet of restaurant, This is 8 spaces less than the 266 provided. 2. Study Description The following procedure is used fo assess the fraffic impacts of increasing ffie Highfand Park Lif� Time Fitness health club from 24,000 square feet to 39,000, leasing 12,135 square feet of vacant office space, and adding a 2,653 square foot restaurarrt: 1. .Collect existing traffic data a. Count the number of occupied stalis in the parking ramp every half hour befween T:OQ a.m, and 8:00 p.m. b. Conduct intenriews at all of the ramp entrances to deterinine . which businesses the patrons are visiting and how many people are in their car (vehicle occupancy). 2. Forecast the parking generafed by the Life Time Fitness expansion, leasing of fhe unoccupied office space, and addfion of a restauranf. • 3. Analyze the adequacy of fhe eadsting parking ramp. 3. Data Collection Procedures a, Data Co/IecSon AII raw data was collected on Tuesday, December 18, 2007 from 7:00 a.m. to 8:00 p.m. Dafa supp(ied by Life Time Fitness indicafed #his � timeframe would cover the peak paricing demand. Life Time Fitness staff aiso believe this date in mid-Decermber would be representative of their peak usage. b. People Surveys People were surveyed as they entered the buiiding through one of the six enfrances from fhe affached parking ramp. We requesfed infortnation on their main destinafion within the building and class+fied their answers in one of four main categories (Lffe Time Fitness, Welis Fargo, Fain+iew Clinic and Other). We also noted how many people arrived together. The answers to the s�rvey were recorded in 15 minute increments using hand held data collecfion equipment (Jamar Count Boards). . LzfeT"rmeFiiness 2 Sk Paul, MN Pmkinglmpnd Siudy March, 2008 i �'.'v 2j'�`. i�� ��.:��.� D�' ��'LO p_��5°'.. � c. Ramp Capacify Survey A visual count was made each half hour to determine how many cars were parked on each level of fhe parking ramp. Data was manually recorded. 4. Data Results a. Parking Ramp Arrivals by Destination Destination data gathered from those who parked in the parking ramp was compiled in half hour increments. Detailed data is shown in Appendix A. Figure 2 shows arrivals by each half hour from 7:00 AM to 8:00 PM, by destination point. Following are the overall percentages by destination: • 73% - Life Time Fitness • 2% - Wells Fargo • 12% - Fairview Clinic • 13% - Other � so so �o so 50 40 30 20 10 Figure 2— Parking Ramp Arrivals by Destination The largest number of ramp occupants arriving during a half hour period entered the building beiween 5:OOpm and 5:30pm. b. Vehicle Occupancy 90% of the vehiGes parking in the ramp contained one person. The remaining 10% contained from two to four people per vehicle. Data showing haff hourly arrivals by group size is contained in Appendix B. C , J Life Time Fimess Parkinglmpact Study St. Paul, MN March, 2008 ¢¢¢ a¢¢¢¢¢¢ a a a a a a a a a a a a a a s a a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o�omowomoro o c�o�oc�o�no�n o�omo�? 0 0 0 0 0 0°° � � � � o`o 0 0� o$$ o 0 0 0 0 0 ���� � ��✓� � c. Parking Ramp Occupancy The Parking Ramp has S�x levels and a maximum capacity of 266 vehicles. Utilization of the ramp rangec! from a(ow of 29% at 7:30 am to a high of 80% at 5:30 pm. Append'a C shows the data detail. Fgure 3 shows the parking utilization trend during the 13 hours of fhe parking survey. 300 250 200 1S0 100 50 000000000000000000000 ocqomoc�ocnomoaioc�oc�omocmo 00� �NN�rNNL9<') d' V'�[itl3 tO6�Pl�m Figure 3— Parking Ramp Utilization The moming peak demand of 205 occupied parking spaces occurred af 10:00 a.m. The aftemoon peak demand, which was also the peak demand for the day, was 213 occupied parlvng spaces at 5:30 p.m. 5. Traffic �orecasts and Analyses a. Traffic Generation Life Time Fitness views t(�e e�ansion as a way to add amenities for its epsting club members. They do not anticipafe a significant increase in membership with the expansion. To be conservative, a trip generation analysis was pertormed for the expansion based on the methods and rates published in the ITE Trip Genera6on Manual, 7"' Edition. The Manua! is a compilation of data collected at existing facilities throughout the Unifed Sfates. This analysis assumes the expansion will add new members. The results are shown in Tabte 1. � � In addition to #he traffic generated by the Life Time Fitness expansion, Table 1 also shows the traffic generated by Ieasing the unoccupied 12,135 square feef of office space and the addition of a 2,653 square foof restaurant. Based on data in the ITE Trip Generation Handbool� 2"°� Edifion for fast food restaurants, it is assumed 30% of the traffic generated � Life7&neF'uness 4 - St.Pm�MN Parldng Impact Study March, 2008 � • . . a8- ��[� ���- �. ,�� . _ � ����= . -o sqt by the"cafe will be new vehicles whose primary purpose is to go to the cafe. b. Forecasf Ramp Parking The e�cisting a,m. peak hour demand in the parking ramp is 205 occupied spaces. Adding the 46 vehicles forecast to park in the ramp with the expansion brings the a.m. peak hour demand to 251 occupied spaces. Tne existing p.m. peak hour demand in the parking ramp is 213 occupied spaces. Adding the 45 vehicles forecast to park in the ramp with the expansion brings the p.m, peak hour demand to 258 occupied spaces. These maximums assume a worst case scenario with all of the patrons entering during the first part of the peak hour and the exiting patrons leaving during the second part of the peak hour. The parking demand with the expansion is forecast to �emain betow the 266 space capacity throughout the day. 6. Conciusions and Recommendations Based on the analyses coniained in this report, the Life Time Fitness expansion will not have an adverse impact on the existing transportation infrastructure. The existing parking ramp will have a peak parking demand of 258 spaces with the 15,000 square foot Life Time Fitness expansion, 12,135 square feet of office occupancy, and 2,653 square feet of restaurant. This is 8 spaces less than the 266 provided. 7, Appendix a. Parking Ramp Arrivals by Destination b. Parking Ramp Arrivals by 1/ehic% Occupancy c. Parking Ramp Capacity and Occupancy � Life Time FiMess Parking Lmpaci Study sr, raur, MN March, 2008 Table 1- Expansion Traffic Generation ��'� . �.�� � � � : � � � APPENDIX A: PARKING RAMP ARRNALS BY QESTINATION � • � y' `�.��' ",.• �� _�� 6�� �I�SC� APPENDIX B: PARKING RAMP ARRNAlS BY VEHICLE OCCUPANCY 07:00 AMI 07:30 AM 08:00 AM 08:30 AM 09:00 AM 09:30 AM 10:00 AM 10:30 AM 11:00 AM 11:30 AM 12:00 PIN 12:30 PM 01:00 PM 01:30 PM 02:00 PM 02:30 PM 03:00 PM 03:30 PtJI 04:00 PM 04:30 PM 05:00 PM 05:30 PM 06:00 PM 06:30 PM 07:00 PM 07:30 PM Total Vehicle Arrivals Percentape of Total 23 41 55 53 49 29 35 35 34 36 37 20 30 22 15 26 27 29 61 56 70 52 46 47 32 3$ 998 1 1 2 3 8 4 4 1 4 3 1 2 7 5 2 1 4 1 5 2 4 4 z 8 5 8 92 0 0 0 0 4 1 0 0 1 1 0 0 1 0 1 0 2 0 0 3 0 0 1 0 0 19 F�i 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 0 0 1 0 0 0 0 3 12 24 42 57 56 61 34 39 36 40 40 38 22 38 27 18 27 33 34 67 58 77 57 48 56 37 46 1112 1251 � µ� � � 3� f"`�7� � ���� 0 i APPENDIX C: PARKING RAMP CAPACITY AND OCCUPANCY capaarv LOWER LEVEL LEVEL LEVEL LEVEL LEVEL TOTAL LEVEL 9 2 3 4 5 OCCUPIED 20 50 39 52 52 53 2G6 �15� . 5 HC) \J • ,. , � . i Ctub Usage Stafistics Summary �� ��;� � _� �wi_�w � ��S' �/ b$-�81� Seieemd Dafs Ran9e: 72/01107 4200 AM fn 12Y31I07 t7:59 PM Highland Park, MN . OCAO.OlA� 9 2 14 5 M 5 t7 4 8 3 8 ' 3 7 2 07:00-020Q 4 7 4 1 2 1 4 t 2 2 t t 62:W•03:00 3 2 1 1 2 2 7 2 2 1 1 1' Ri:W-00.9U 6 p 15 3 8 3 B 2 3 2 4 1 2 2 Od�O-05AD 6 2 87 15 72 24 70f 25 44 72 57 14 13 3 Q5:00-U6:00 42 8 257 51 218 73 265 66 128 69 236 59 57 71 W:00-Q790 96 i9 223 45 194 55 22p 55 3pg 7T 76! 42 255 51 07:W-UBAU 217 43 219 94 tffi O6 ti6 44 247 � 52 776 45 484 47 08:00-09A0 .318 6Q 3fi8 Td 174 58 288 fi2 236 59 277 &9 535 167 ' �eAO•16A4 539 t08 423 85 249 83 257 66 300 75 296 l4 708 162 10A0-11� 666 73$ 406 ei 735 -05 ?g3 77 21f 54 211 S3 BL7 125 • 17b0-12A0 324 65 3b2 68 193 64 795 48 YL4 56 224 56 4T! 94 12�00-73.90 298 60 346 � 147 49 201 50 1�6 44 224 56 422 84 13:00-14:00 283 57 29p � 125 42 197 49 181 d5 7A8 52 348 &4 .14:OD.15:00 ZB1 56 252 50 �78 30 180 q8 787 47 233 56 328 65 159U•76:U0 3T7 TS 335 67 230 59 345 86 304 76 296 75 300 fi0 t6:D0•77�0 3fi4 73 506 77/ 355 89 471 778 526 132 �Z 98 361 12 47�U.18:60 265 49 � 65T 1S4 C62 itt bt8 tM 546 437 34T 87 Z58 52 18:00-19:00 185 37 495 711 360 � SRS 157 3fi9 92 23S ' .58 1W 34 18AU-20:00 762 32 397 99 272 66 408 702 254 64 183 41 122 24 7A90-21:00 . 128 28 788 47 172 43 221 55 191 48 110 28 85 77 27:00-2290 89 18 175 29 113 26 109 27 ii4 29 70 18 46 8 ?200.23:00 43 9 79 20 42 71 76 t9 50 13 39 7D 3d 7 23A0-26:00 40 8 95 9 29 T 26 5 30 S 28 7 2t 5 WedcdayTOtats �a.rt7 945 6,000 120D 3.798 950 S.D33 1,258 4.644 1.761 d.007 7.➢00 S.6b2 i.t28 • C(ub Usage Statistics Summary - MMS162a Page 1041 62105I08 02:Q4 PM Lauxh Page:' GutrSummary Usage ReporFS � N.�. R . O� �V � � i ( � i I f ( j 1 i I i 1 •' . __ �_-r��=_� Club Usage Statisfics Summary • Sefee6ed Dafe Range: 12!'18107 7200 AAA to 72f18l07 N:59 PM • Gub Us�qe Stadstlts Simimaty- t�AS102a Page 1 uf 1 02l05(08 073>4 PM • W�meh Page:' Cfub S�unmarY Usege RePwfs• Hightand Park, MN � • `_ • �A ^ DS- ��1.� y �N �.�w � n � ESS E c4� i �F m' » �� � � �� ����NhHy���� `"' m �'F° � ����N��Na�:�ii�i � � � �"�"v6�'�`�.5.^m.4�� 9a '"e������; m�� ��,= ����.=.=: ���t�<t��■�8 s • I � • u, -- e��'-`aii.. �'! _ •r-, �� ��� �.CS.S �33 � ��5 I D$-�81� � � m °=°�oa M<.;� EC:_c:iri ` o �m`vp�w U r �.S �i � F 1�- H ? �00��� N O . `o °} 0 0 � � a c ��. 0 'm o rn z � ffii �9 L � �"n � � � � c � � 3 • E 3 � m 8�� o�s �rr> ���� M O v m � 6 O V O W li. p a " � .+ L O F� Z � . �, . 6 S� 181v • LTF CLUB OPBRATIONS INC doing business as LIFETINIE FIT'NESS OF HIGHLAND PARK 2145 Ford Parkway Health (Sport Club License #20060000825 License Condition(s): 1. The license holder agrees to provide two and a half (21/2} hours of free ramp partdng and incremental payment after the free time limit for all patrons of the Lifetime Fitness Center. � U l.._J . � . LTF REAL ESTATE COMPANY INC doing business as LIFETIME FITNESS OF HIGHLAND PARK 2145 Ford Pazkway '. .�• •.��� -� - • /1.1111: • License Condition(s): 1. Lighting on the north side of the pazking struchue and on the cell phone siructure shall be maintained by the licensee. The licensee will screen the lighting and direct it to m;n;m;�e light pollution into the neighboring properties. 2. Sec�mLy shall be provided in the raznp from lOpm - 6am. 3. The ramp will be open on Sunday, and signage shall accurately indicate hours of , operation. 4. Licensee will not push snow bff of the ramp. Snow will be hau1� away or piled for -- melting. 5. Tlie licensee will maintain a stop sign at the ramp e�t • � u „ ,, , Paga 1 of 1 /I � r i � � - ..�- � From: Brian Balfanz Toc Crippen, Debbie Date: . 3i25i2008 12:47 PM Subject: Re: Preliminary paperwork Saint Paul Parks and Recreation has the following comments re: BZA case #08-045914 for 2145 Fard Parkway to be heard on 4i7/08. 1) Saint Paul Parks & Recreation supports Active Living Principles, and values the ability of LifeTime Fitness to provide opportunities for Active Living in our communfty. • 2) The pariting ramp use and capacit�r study submitted. was for only one -day: Tues., .18 December 2�07. There is no way of knowing from the information provided if the parking demand could be met on weekends or in non-winter seasons. 3) As Ford Parkway is a designated City Parkway, we are sensitive to the community impacts of any increased traffic as a result of the proposed BZA case. We are a�sa sensitive the • safety impacts to any bicyclists or pedestrians that may be impacted. by the proposed BZA case. However, there are no letters of support from neighbors or the district council included in this B7A case documentation. 4} If this BZA case gains approval as-is, we strongly encaurage LifeTime fitness to promote non-motorized transportation (biking and walking) and public transit to reduce vehicular trafFc impacts to the neighborhood. We also encourage LifeTime fitness to provide Bike Racks and/or Bike lockers on-site. Thanks, Brian Brian Balfanz Research Analyst City of Saint Paul Parks & Recreation 15 W Kellogg Blvd, Rm 110 St. Paul, MN, 55102 Phone-651-266-6771 Fax- 651-266-8689 b�ian.balfanzCalci.stpaul.mn. us . »> Debbie Crippen 3/25/2008 11:59 AM »> Attached is the preliminary paperwork for B7A case #08-045914 for 2145 Ford Parkway to be heard on 4J7J08. ��,..�/n.lr�,,,,,...,.,e„f,.,,«.7 eot+;....�\II�r.7=zr..:\T..��7 QoH:..rr�\TPrr�n\YPn+��txricP\d7FA1(17Rma �i�Qi�nnx 3/28YL0 8) John Hardwick - L"�fetime Fitness - . Pa e 1 From: Highland Disfrict Council <hdc@visi.com> � Ta: John Marshall <john.marshali@ci."sfpaui.mn.us>, John Hardwick <.lohn.Hardw... Date: 3f27l2008 2:30 RM Subje¢t Lifetime Fifiess � . Jofin and-John, Below is ttte recommendation o4 the Highland District Council's Commun'ity Developmenf CommifEee from the neighborhood/ Lifetime meeting on March 24th, 2D08. These were the Conditions placed-on lifetime before they woufd support Lifetime`s request of a 116 parking space variance. � The recommendation of fhe CDC commitfee was to support the variance with these �onditions: " 1. Reach out aggressively to Lifetime members to inform them of the free parking in the ramp and discourage them from parking on surrounding streets, fhrough a maifing to Ctub members and signage being�posted in the cfub, and the parlGng ram�t. 2. Establisfi ari ortgoing dialogue with neighboring residents, likely tFirotagh one.or fiuo residents in particulac These two things need to happen before the P,pril 7th B7�1 vote, Please Iet me know if you need any clarification or �hore informatio�, Kathy Carruth Corrimunity Organu_er Highland District Cbunaf � � � � �� �� t0 ��.��!� ��,���� �����ej � B � y [ � Y � 2: c .�. .t, ��wRVO ^( . �" � ��n re a k � ��t� �{ - .. Y � - t � ro'dcJ , � y ��t GIIT�EN PARTICIf'A'I'fiE}�7 �'�NEi DISTRIC�S 1. 2. 3. 4. 3. 6, 7. $. 9. 10. 11. 12. 13. 14. 15. 16. i�r: SifNRAX BATPL�CR�EK=�IICrFI�i✓O�D _ . Hk'��L Pt�RK HAD�id-PEtOS1�E�T5� HILI.Cl2�S'P . �'ES"I' S�E " 'DAYTON'S EI.U�F � ' PRYl*IE-PHALE�I . - . , , NOFtTH E�tD ' T�OMAS-DALE . . SUM�VITT-LJI�IV�R�TTI' ' WES"F SEVENT�I . • - • _ . COIuIO • T-TA_MLINE-IvffI7WA1� � . S'�. AN'1'EiO�TY PARK , IufERRTAIvi PARI�� i.L�XXII�IG`TflN HAMLII�iE-SNELLTNC'Y �IP,MLINE . Ivf�,CALEST�R �120VBI.ATID � HI��3I,AND . . SUMMTT �-IIT.E. - • - �30YrP1"FOWN- . - � ' � ������ ���� �-G'`IS�?I �� . t 04/18/20�8 15:21 9529470099 PAGE 02/02 ❑ Varia;nce Reqnesf for Continuar�ce � Board of Zonuxg Appeals C/O John �ardwick ;dffice of Z.,I.$.P. City of Saint Paut Cotrumetcc Hvi�ding 8$ast 4th Strecy Sui.te 200 Saint Paul, MN. 55 ] Ol Re: Zoning Fzle ## ��j '' 0 5 Dear Board Members: bg'�I�� l request that the public hear'tng scheduled for Apzi121, 2008, on th,e referenced Zwting F1e be continued for a period not to eacceed tbuty (30} days. I am aware of the reyuirement that the City must rnakc a fii�a1 decision on tlus matter within siicty (GU) days of rcceipt of an application far a zoningvariance or an administrative revicw as stated in Minn. Stat, 15.99 (t995) and hereby waive my riglits to a final decision within the sixty (60) day period. Sincerely, �'n e J'. 3v�ss p icant or Printed name of Applicant representative or representat�ve ��� o Date o request. ( CGWa� 1.�+.�� s t,� v�- �e� re �` � s�n fi 1�0� �» L,�f�e ! i r� �.. �'��s s' 62h�.L�� . i A . r CITY OF SAINT PAUL ChristopherB Cdeman, Mayor M3y 21, 2�0g Carol Lansing Faegre & Benson LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-3901 DHPARTMQTC OF SAFETY AND INSPECITONS Bob%ssks, Director COMMERCEBZIILUING �'elepharre: 651-266-9090 • BFa�nlh.StreetEas;Suite200 Fac.�ule: 6S126G9124 StPau�M'mnesola55101-1024 Web: www.stpaul.ewldai RE: Variance application for Life Time Fitness, 2145 Ford PKWY Zoning File # 08-045914 DearMs. TaT�;ng: I understand tUat you intend to appeal the Board of Zoning AppeaLs decision to deny the referenced variance application Therefore, pursuant to State Statute 15.99 we are extendiug the deadline for action on the referenced zoning application an additional sixty (SO) days in order to allow the City Council to hear the appeat. The new deadline is Augusk 14, 2008. Tf you have any questions regazding this matter you may contact me at 651-266-9082. Sincerely Jo Hazdwick, Zoning Specialist � . AA ADA EEO Employer Ii � / »> Victoria Homuth <vshomuth(�a,comcast.net> 7/25/2008 12:30 PM »> Dear Mr. Hardwick, I am writing to express my support for Life Time Fitness in their appeal of the parking variance denial for their fitness center on Ford Parkway. I am a neighbor and a member, and I appreciate the improvements that Life Time Fimess is seeking to make for the fitness center and the office building they own and occupy. One of the reasons I live in the city is to take advantage of convenient access to businesses like Life Time Fitness (and schoois, restaurants, shopping, etc.) I imagine many of my neighbors are here for the same reason. A little extra parking on our neighborhood streets is not a problem for me. The improvements that would be made far outweigh this minor mconvemence. Sincerely, Vicki Homuth 2126 Highland Pkwy r�n' �181� � �' Felix Daniel MeGovem, CPA 2146 Pinehurst Avenue Saint Paul, Minnesota 55116 fedix.mc6overn�;m sn.corn (651)698-0544 August 9, 2008 To: Saint Paul City Council IS Kellogg Blvd West, Room 310 Saint Paul, MN 55102 Re: Liferime Fitness, 2145 Ford Parkway, appeal of Denial of Parking Variance for 116 Parking Spaces in a Residentiai Neighborhood I live directly behind the Lifetime Fimess Pazking 12ainp and Office Building, and I do sincerely ask the City Councii to afFirm the denial of the parking variance. 1. Ford Parkway is akeady at traffic capacity for pazking, bus traffic, and automobile traffic; the street has its own "rush hour" in the village both morning and evening. 2. Lifetime Fitness wants to, in effect, expand this ldnd of traffic congesfion into the residential neighborhood with this request for 116 additional business parking spaces in the residential neighborhood. 3. This enormous increase in traffic on a residential street like Pinehurst Avenue would completely alter, & perhaps destroy, that quiet pedestrian quality of life that currently exists there, and which we currenfly enjoy in so many of our other Saint Paul residenrial neighborhoods. 4. In many respects this Lifetime Fitness property is a white elephant — a valuable real estate property, but expensive to maintain, and probably not as profitable as Lifetime's other fimess properties. 5. Lifetime's own site criteria requires up to 8 acres far an urban fitness property, and up to I S acres for a suburban property. The average membership per fitness center (of about 70 centers azound the country) is about 8,000 members/center. The Ford Pazkway properry in Highland Village does not allow for economies of scale required by their site criteria in terms of space and membership volume. c�ry co,���i au�st 9, zoos rage a b�� I�La 6. A parking variance will not solve a problem that is really intrinsic to this Lifetime Fitness property itself. That is, the property is not suitable for high volume foot traffic in a confined residential neighborhood. 7. This is not a fair bazgain; Lifetime fitness is already a very profitable national company with cumulative net income over the last 5 years of over $235 million, revenue in calendar 2007 was $600 million (SEC Filings). 8. In retum for Lifetime's profit considerations, the immediate residents and the City of Saint Paul are being asked to trade away the pedestrian vitality and livability of a Saint Paul neighborhood, including the value of the residential neighborhood. 9. Lastly, Lifetime's legal representative said at the last Council Meering that the Lifetime pazking ramp is probably adequate for their parking needs, that they probably would not need the additional pazking required by the variance. Sincerely, � ���� Felix McGovem �- ig[a Variance Conditions: 1. Life Time Fitness will strongly encourage its members to pazk in The Plaza ramp, including but not limited to, posUng fixed notices in the Club and ramp and issuing member communications on at least a quarterly basis. 2. Life Time Fimess will work with tenants, including developing leasing provisions to post pazking guidelines in the ramp on a stand-alone basis or in conjunction with a group of tenants, which may include Life Time. 3. Life Time Fimess will work with tenants, including lease developing lease provisions to encourage their patrons to pazk in the Plaza ramp. 4. Life Time Fitness will offer a minimum of three hours of free pazking per day in the ramp for its members. 5. Life Time Fitness will provide free pazking for its employees and independent contractors in the ramp and initiate reminders that they use the ramp while working or otherwise using the club. 6. Life Time Fitness shall communicate its expectations to employees and independent contractors that they park in the ramp through several methods, including but not limited to new employee orientation materials/sessions, reminders at staff meetings, and other staff communications. 7. Life Time Fitness will provide an allocation of free pazking spaces to tenants in the ramp as a component of lease agreements. 8. Life Time Fitness will work with tenants to encourage that they offer free pazking to their customers and post pazking guidelines encouraging customers to pazk in the ramp. 9. Life Time Fimess will keep the ramp open 24 hours per day, seven days a week with posted signage. 10. Life Time Fitness will install lighting shields on all pertinent owned light fixtures that minimize light impacts on neighboring properties. 11. Life Time Fimess will hire security personnel to monitor the ramp from 8:00 p.m. - 6:00 a.m. 12. Life Time Firness will offer a ramp escort service seven days a week between 10:00 pm. and 5:00 a.m. upon customer request. 13. Life Time Fitness will install fencing on the top of the ramp to prevent individuals from throwing debris off the ramp or building into the sunounding neighborhood. 14. Life Time Fimess will have its garbage collected two times per week. Gazbage shall be stored inside on non-collection days. ►i �• � 15. Life Time Fimess will participate in the City's recycling program and have its recyclables picked up a minimum of one time per week. Recyclables shall be stored inside on non- collecrion days. 16. Life Time Fimess will work with the City to rebuild the speed bumps in the alley. 17. Life Tune Fimess will requize that all truck deliveries to the building be executed on the Ford Pazkway side, not in the alley. In addition, Life Time Fimess shall encourage all truck traffic to the building not use the alley way. 18. Life Time Fitness will contract with outside vendor to maintain proper snow removal. Snow storage shall not impede available parking spaces. 19. Life Time Fitness will not appty for a Wine and Beer License in connection with the operarion of its LifeCafe - an ameniry that is marketed only to members - to be located in The Plaza. 20. Life Time Fitness will host semi-annual meetings with designated neighborhood representative(s) to ensure an open and ongoing line of communication. 21. Life Time Fimess will install bike racks on site to promote biking. 22. Life Time Fitness will install security cameras in the ramp. 23. Life Time Fimess will consult with the St_ Paul Police Department foc recommendations on ramp security measures including, for example, modifications to security cameras. 24. Life Time Fimess will consult with the St. Paul Public Works Bepartment andJor applicable City department to discuss identified tr�c and pedestrian flow matters pertaining to The Plaza. 25. Life Time Fimess will strongly encourage its members to use non-motorized transpoztation, such as biking, walking and public transit, to promote a reduction in vehicular traffic within the surrounding neighborhood. 26. Life Time Fimess will report to the City by September 30` 2008 on its adherence to existing conditions from past City resolutions regarding the building and use. 27. Variance wi11 need to be resubmitted in the event of a change in use for the fimess center. 28. Life Time Fitness will institute a rewazds-based system to encourage members to use the ramp, =9� S Bob Spangenbag 2130 Piuehurs[ A�e SaintPaul �,V,A 551 1 6-1 31 7 __ __ __ _ . __ __ . 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'' � :� � :�,... ._ ..-., � u :; � Robert Spangenberg �j � ��D ti.r-� pfLQ?1��t/l D�-�1.. �v e L� � , l , ° '� ���il f�'•, ,-¢-, ' <¢ '' 2130 Pinelturst Ave ��` '"" "`� y '��L���� c..:...n....i�m.�ccttu �h�. I� _ /�� "�—. -- (�n,.��.�-'� ���,. � /!( SP��:C -2� ���� ��� �c�� an� : �X�la��i�� . ,. F ��_ - ��o�� � , - .�- s4 ./- .�� - aw� ' � - .�: ���eez�� ��d _� _ t�. 4.. ��° ��I�j'`.� �. �..�� _ .�, �� ��..�T� . ._ .� ,. ' - � _ _ - ' f±- _ _ t , W � �"° - .eU4=Y - t � s - , � � ` . �. .. � �- � " �_ ��' ..���� � � - --�--- -�- �q/ !� � r��= �;� �..:_ � . �--��-° �. - :_ �� 41�e 1�/� -,� . �.M . _ : �l�e . . : � � .� �.� � � �_ � �, p � . -. 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S .. BbbSpangenberg . 2130 Pinehurst Ave. J'ai¢tPav1,RSN 55116-ISl? Life Time Fitness Members: The parking poiicy for the Highland Park location is as follows. Life Time Fitness will validate parking for two hours. If you exceed the two hour limit, you will be charged for the.entire time period. After 7:00 p.m. each day the only entrance door that remains open is the one on the lowest level of the ramp. This is for security purposes. You can take the staircase located in the southeast comer of each level in the parking ramp to the lower level. Thank you for your cooperation. Sincerely, Life Time Fitness � � ���� 2130 Plnehnrsf Ave. SainEPant,3ff� SSIT6-1�17 m ��� .� �� ^."�. �.' :l. $ F i.''_�C�+l�.Jn.L.'r�3' J � �� �. _ �' �\�' 3`�1_,,:>��. ' '�/� F` � t �' x���� ' - .:eti.�y•�'.�'�+(� t � Ar.;, �: � '+� L G� j i�` �f '. '� 11w+�V1 F• � �-«=4-'S^C .'"Y .. ` ' ��^ � �2� �� � . - ' '_f _" � �� � �_S�� -�';' p. Y. i"=t�-} �:-T::'_ � R v_Sra: ��Y.u'^. 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"' � :' �\ £ �� �� � A � �. �\ e �'�.� - � � 5� �. � �t�dYT'O �F A � Y � � iL �\ � � • _ � " � � '1 _ _ Ded�cated To Service �= : �� � �5 , f � Y�'� - -_ � � �._ �. , , .r. .. E �.`,`.�� . ... , � S c L'Ly�� . ' � , � � 651-696-5020 tdayi Oa fairnew org Fairview Highland Park Pharmacy 2755 Ford Parkway St Paul, MN 55176 Fax 651-696-5025 _ �'I�nda� - �4ug, � - 2oog - 7e'n� S -- �ar`r�'�ect/ Pharrr�a� Sefur'�2x - � Pt�r1�P.� ih ftr/?� o�l� f �lo�s'� -�e eart�ed 2 lar�e BaXes �n�n h�s car. . . �" ��i�ed 1,%s ��:ru�er.� r�a�� -t -an� as,�ed �it/'%-1 Y wDC���d /re. PQt� a� {�lh�ehurs� q'r�c/ e�t�r� �1 e ,���5 �l f�D�z�cs fo �Qjrvie�cJ ? 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"`� `' � � ` yz °�'sk*:���' - -' ' " � - -�, . � ` � � a , , k � 2� ,�a`��, t.�� � `:�a.,,...�,J., ,_�-, r. 4 ,.�.,,., �� "* �"�. t u +r1� 'k��"'s �� .� ��_ �' iL.. a,�, -�. r � 'M� d..,p �"`•-r:� _� -. . � �. _ 1 • '" '�3 _ ' }� G ifi �: £ � + � Yy ` 6 ` i . `^r =� _ � i$�'_ ik ` _ ^Y y ._ � � .. .- �. l A ' (73 The developers-shalZ cooperate with the abutting neigh�?i 3.ng p�operty, in the design and the construction,.of the raBep sa,as:ta,minimtze noise, emissions �f sIl sorts, to�grqvide:;privacy arid greserve<sest�etic in�2grities to the abuttiiig neigt�boiiag '` p%ogerty, and, develtiper,sha21 consistently vse state af the a�� techno�og}► to accomplish.tlie intent of tlii� ordiriance The . nor�h�rly wa11 .of the of�ice buildiAg aud parking ramp`sIsa��`be. ., const�veted o� a, so�id wal� aarI wbere requireme�its for lightii%g . . _.��c•ses : �acf.at . . trans�ucent irricks mav be use�: �' ,� o�-�£�lv ��� � ��' - Zob�'' _ L Ra�� �a� e� r,� � �'�,err� s ����6us�y � r� ,� e1d a uJee��y , ��X�er�ise � v 1 C�M� �,-«��'. �.. _ , _ _ {IO) All zoof areas of th� office/retail building sha�:I �at = be a�cess� to the general pub2ic or tenants.of_the bui2ding to: ��s�r�e : m�imum privacp ta the .abuttii�g r�s.identi:al �r��erty �w�t�re, : - -and; °�e'it . ..� _ . . _ .. . - _ . _. ,