09-1136Suspension - 10/7/09
RESOLUTION
Presented by
Council File # 09-1136
Green Sheet # 3084256
�
���
C1TY OF SA1NT PAl7L, MINNESOTA
1 WHEREAS, Nasseh Ghaffari Nikou, in Planning Commission File No. 09-255-093, duly applied for a
2 Rezoning from R4 (single-family residential) to VP (vehiculaz parldng) under the provisions of Legislarive
3 Code § 61.801(b), for property commonly lrnown as 835 Hawthorne Ave E, (PIN 212922330152), and
4 legally described as WILDER'S ADDTTION TO ST. PAUL, MINNESOTA LOTS 19 AND LOT 20 BLK
5 2; and
6
7 WHEREAS, on September 10, 2009, the Planning Commission's Zoning Committee held a public hearing
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
at which all persons present were given an opportunity to be heard pursuant to said application in
accardance with the requirements of Legislative Code § 61.303, and, at the close of the public hearing,
moved to recommend approval of the said rezoning application; and
WHEREAS, on September 18, 2009, the Planning Commission, based upon the evidence presented to its
Zoning Committee at the public hearing as substantially reflected in the minutes and all the files and the
report of staff, made the following findings of fact regarding the said rezoning application:
1. The applicants, Nasseh and Gale Ghaffari Nikou, seek to rezone property at 835
Hawthorne to VP Vehicular Parking district and subsequently sell the same property to
V acharee Peterson, owner of a community dental clinic located across the street at 828
Hawthome for the clinic's use as off-street parking. The property is currently a vacant
undeveloped lot.
2. The proposed zoning is consistent with the way this area has developed. Several
commercial properties in the immediate area along Arcade Street have developed parking lots
in the rear, including those at the corner of Arcade and Maryland. More specifically, there is a
precedent for VP zoning district on Hawthorne on the west side of Arcade, to the rear of a
funeral home property zoned TN2. The VP zoning district extends up to 200' back behind
from the front property line of the funeral home on Arcade Street.
3. The proposed zoning is consistent with the Comprehensive Plan. The Arcade Street
Small Area Plan Suumiary includes a land use policy that allows for parking to be created to
support existing and redeveloped buildings along Arcade Street. The policy indicates this can
be accomplished by acquiring parcels to the rear of the buildings, up to 120 feet from the rear
commercial property line (the width of three standard residential lots measuring 40 feet wide).
Given that the property at 835 Hawthorne Ave E. is currently vacant and its width is 82 feet
measured from the rear commercial property line (zoned TN2), the proposal to rezone to VP
for off-street parking is consistent with this policy. The proposed rezoning to VP district is
consistent with City's draft Land Use Plan policies 1.22, which states that development along
corridors such as Arcade Street should recognize community circumstances and preferences as
stated in City adopted summaries of small area plans and City adopted summaries of district
plans, as well as policy 1.23, which states that a mix of uses should be supported on comdors,
with predominately commercial corridors including commercial office uses, as well as retail
goods and services. The proposed rezoning to VP district is consistent with existing Land Use
09-1136
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
Plan policy 5.6.1, which states that the City will support the provision of just enough
commercial parking in small parking lots fitted into available space, located at the side or rear
of buildings.
4. The proposed is compatible with the surrounding uses, including a auto-oriented use
that fronts on Arcade Street, and single family detached homes to the east and north and a
multifamily use to the north. The VP zoning district allows for off-street parking to "serve a
use district which as developed witl�out adequate off-street parking," and includes dimensional
standards such as lot size and yard setbacks that ensure that the pazking created can transition
well to adjacent (typically residential) areas.
5. Court rulings have determined that "spot zoning" is illegal in Minnesota. Minnesota
courts have stated that this term "applies to zoning changes, typically limited to small plots of
land, which establish a use classification inconsistent with the surrounding uses and creates an
island of nonconforming use within a larger zoned district, and which dramatically reduce the
value for uses specified in the zoning ordinance of either the rezoned plot or abutting
property." The proposed VP district is not spot zoning. The rezoning to Vehicular Parking is
supported in the adopted Arcade Small Area Plan. In addition, within the eastern side and
front yard set backs, landscape buffering and visual screening will be provided, on the eastern
property line in particular. The lot itself will alleviate on-street parking pressures, which will
help ensure that the use will not dramatically reduce the value for uses specified on residential
properties in the vicinity.
6. The petition for rezoning was found to be sufficient on August 12, 2009: 20 parcels
eligible; 14 parcels required; 14 parcels signed.
WHEREAS, based upon the said findings, the Planning Commission, in Commission Resolurion No. 09-
59, recommended to the City Council that the application of Nasseh Ghaffari Nikou for a Rezoning from
R4 (single-family residential) to VP (vehicular parking) for property at 835 Hawthorne Ave E be approved;
and
WHEREAS, on October 7, 2009, the Saint Paul City Council duly conducted a public hearing on the
application of Nasseh Ghaffari Nikou for a Rezoning from R4 (single-family residential) to VP (vehicular
parking) for property at 835 Hawthorne Ave E;
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul, based upon all the
files and records in this matter, including the testimony received at the October 7, 2009 public hearing,
hereby denies the rezoning application of Nasseh Ghaffari Nikou for a Rezoning from R4 (single-family
residential) to VP (vehicular parking) for property at 835 Hawthorne Ave E, as requested under Planning
Commission File No. 09-255-093, based upon the following reasoning:
The lot proposed for rezoning is presently zoned R4 and is vacant. Directly adjacent to the
subject lot is a single family home. The subject lot is perfect for infill development and the
present residential zoning classification is in keeping with the way this neighborhood has
developed. Maintaining the residential character of the land fronting on Hawthorne is best
09-1136
88
89
90
91
92
93
94
95
served by keeping the present R4 residential zoning classification and denying the application
to rezone the lot to VP.
AND, BE IT FURTHER RESOLVED, based upon the findings of the Council as noted above, that
Chapter 60 of the Saint Paul Legislative Code, as it pertains to the zoning maps of the City, shall not be
amended based upon the denial of the the rezoning application of Nasseh Ghaffari Nikou for a Rezoning
from R4 (single-family residential) to VP (vehicular pazking) for property at 835 Hawthorne Ave E.
96 AND, BE IT F'INALLY RESOLVED, that the City Clerk shall immediately mail a copy of this
97 resolution to the Rezoning Applicant, the Zoning Administrator, and the Planning Administrator
98
99
Bostrom
Carter
Hazris
�
Adopted by Council: Date \ �
Requested by Department of:
By:
Approved by the Office of Financial Services
By:
ApprovedJ�� Ci A
By: I�W, G� cYVr� � l7 — /�I — C� °�
Approved by Mayor for Submission to Council
AdopYieir6;ertifie by Cou il Secretary gy
By: (
Approv d b+ 1 or: Date ��
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
n9_����
DepartrnenUOffice/Council: Date Initiated: GP�P.I�I SI IP.P.� NO 3084256
CA — City Attomey 15 OCT 2009
Contact Person & Phone: Department Sent To Person InitiaUDate
Peter Wamer o iic Anomev -
266$789 1 ' - Attorne De artmentAccountant
� 2 '' Attorne' D artment Dicector
Must Be on Council Agenda by (Date): Number
Fo � 3 i' Attomec D artment Director
Routing 4 iN Attornev Ctirv Attomev
Doa Type: RESOLUTION Order 5 i Atiomev 0
6 oancit 0
E-DOCUment Required: Y � i Clerk [�
S 0
Document ConWct: Racqnel Naylor q 0
Contact Phone: 266-8573 10 ih Clerk Citv Clerk
Total # of Signature Pages ^ (Ciip All Locations for Signature)
Action ReqUested:
Memorializing the Council action taken October 7, 2009 denying the rezoning apptication for Nasseh Ghaffari Nikou Y'or a rezoning
from R4 (single-family residential) to VP (vehicle pazking) for proper[y at 835 Hawthome Avenue East, to a decision of the
Planning Commission.
Recommendations: Approve (A) or Re)ect {ft): Personal Service Contracts Must Answer the Foiiowing Questions:
Pianning Commission t. Has this person/firm ever worked under a contract for this department�
CIB Committee Yes No
C�vil Service Commission 2. Has this person/frtn ever been a city employee?
Yes No
3. Does thls person/flrm possess a sKill not normally possessed by any
current city employee?
Yes No
- Exp�ain aii yes answers on separate sheet and attach to green sheet.
Initiating Probiem, Issues, opportu�ity (Who, what, when, where, Whyj:
Advantages If Approved:
Disadvantages if Approved:
DisadvanWges If Not Approved:
Total Amount of _
Transaction: Cost/Revenue Budgeted:
Funding Source: P.cfivity Numbec
Financiai Information:
(Ezplainj
October 15, 200910:05 AM Page 1
DEPAATMENT OF PLANNMG &
ECONOMIC DEVELOPMENT
Cec+le Bedar, Dnector
Q
'�1-44��'
crrY o� san�rr Paui,
Chrisfopher B. Caleman, Mayor
September 22, 2009
Ms. Mary Erickson
City Council Research Office
Room 310 City Hall
Saint Paui, Minnesota 55102
Dear Ms. Erickson:
25 West Fourth Street
Sam! Paul, MN 55702
Telephone� 651-266-6700
Facsim�le: 651-228-3220
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday,
October 7, for the following zoning case.
Zoning File Number:
File Name:
Address:
Purpose:
09-255-093
Nasseh and Gale Ghaffari Nikou
835 Hawthorne Ave E, Between Arcade and Mendota
Rezoning from R4 (single-family residential} to VP (vehicular
parking)
Previous Action:
Zoning Committee Recommendation: Approval, 7— 0, September 10, 2009
Planning Commission Recommendation: Approval, Unanimous, Sep 18, 2009
I have confirmed this day with Councilmember Bostrom's office. My understanding is that this
public hearing request will appear on the Councii agenda on or before the September 23, 2009
Gity Council meeting and that you will publish notice of the hearing in the Saint Paul Legal
Ledger. Please call me at 651-266-6591 if you have any questions.
Sincerely,
� � o
ft�---�
Luis Pereira
City Planner
cc:
File #: 09-255-093
Applicant: Nasseh Ghaffari Nikou
Mr. Michael Klemm
Paul Dubruiel
Wendy Lane
Samantha Langer
Alian Torstenson
NOTICE OF POBLIC HEARIIHG
'tYie Saint Paut S`aty Covncil w�71 con-
duM a public hearing on Wednesday, Oc-
tober 7, 2009 at 5:30 p.m. in the Crty
CouncII Chambers, Third Floor, City
Hall/Covrthouse, 15 West Kellog� Boule-
vaxd. St Paul. MN. to rnnsider the aPPU
cat[on of Nasseh and Ga1e Ghaffad Nikou
W rezone property at 835 Hawthorne Ave-
nue East (between Arcade and Mendota
s4retg3 from x4 t3ingSe-famllr resiaential)
w VP Ivehicular parMng). [ZF 09-255-0931
narea: 5eptember 23, zo0s
MARY ERICKSON
asststant clty Councit Secretary
ts�ptemi,�r zsl
- _- S1: PAUL IEGeIL _:..a+�... R = _ = - s
22218388
AN AFFIRMATIVE ACTION EQUAL OPPORTUNITY EMPLOYER
.�
+ t t.
f�
I�A�AI
�
•
DEPARTMEN'1' OF PLANNIIVG &
ECONOMIC DEVELOPMENT
Cecile Bedor, Direcror
CITY OF SA�IT PAUL
Christopher B. Coleman, Mayor
25 West Founh St�eet
Saint Panl, MN 55102
September 24, 2009
Ms. Mary Erickson
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
'Q
v�-I���
Telephone: 651-266-6700
Facsimile: 651-228-3220
Re: Zoning File #: 09-255-093
File Name: Nasseh and Gale Ghaffari Nikou
Address: 835 Hawthorne Ave E, Between Arcade and Mendota
Purpose: Rezoning from R4 (single-family residential) to VP (vehicular
parking)
Citv Councii Hearinq: October 7, 2009. 5:30 p.m., City Council Chambers
Staff Recommendation:
District Council:
Zoning Committee Recommendation:
Support:
Opposition:
Planning Commission Recommendation
Approvai
Payne Phalen District 5 Planning Council
recommended approval
Approval, vote: 7 - 0
1 person spoke, 0 letters were received
0 people spoke, 0 letters were received
Approval (unanimous)
Staff Assigned:
Luis Pereira, 651-266-6591
Attachments: Planning Commission resolution
Planning Commission minutes, Sep 1&, 2009
Zoning Committee minutes, September 10, 2009
Deadline for Action Extension Letter
Correspondence received
Staff Report packet
cc: Zoning File #: 09-255-093
Appiicant: Nasseh Ghaffari Nikou
City Council Members
District Council: 5
Donna Drummond
Wendy Lane
Allan Torstenson
Peter Wamer
AN AFFIIiMATNE ACTION EQUAL OPPORTUNTTY EMPLOYER
�-�i��
�
•
�
city of saint paui
planning commission resolution
file number 09-59
date 5eptember 18, 2009
WHEREAS, Nasseh Ghaffari Nikou, File # 09-255-093, has applied for a Rezoning from R4 (singfe-
family residential) to VP (vehicular parking) under the provisions of § 61.801(b) of the Saint Paul
Legislative Code, on property located at 835 Hawthorne Ave E, Parcel Identification Number (PIN)
212922330152, legaliy described as WILDER'S ADDITION TO ST. PAUL, MINNESOTA LOTS 19,
AND LOT 20 BLK 2; and
W HEREAS, the Zoning Committee of the Planning Commission, on September 10, 2009, held a
public hearing at which all persons present were give� an opportunity to be heard pursuant to said
application in accordance with the requirements of § 61.303 of the Saint Paul Legislative Code; and
W F{EREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning
Committee at the public hearing as substantially reflected in the minutes, made the foliowing findings
of fact:
2.
3.
The applicants, Nasseh and Gale Ghaffari Nikou, seek to rezone property at 835 Haw[horne
to VP Vehicular Parking district and subsequentiy sell the same property to Vacharee
Peterson, owner of a community dental clinic located across the street at 828 Hawthorne for
the clinic's use as off-street parking. The property is currentiy a vacani undeveloped lot.
The proposed zoning is consistent with the way this area has developed. Several
commercial properties in the immediate area along Arcade Street have developed parking
lots in the rear, including those at the corner of Arcade and Maryland. More specifically,
there is a precedent for VP zoning district on Hawthorne on the west side of Arcade, to the
rear of a funeral home property zoned TN2. The VP zoning district extends up to 2�0' back
behind from the front property line of the funeral home on Arcade Street.
The proposed zoning is consistent with the Comprehensive Plan. The Arcade Street Small
Area Plan Summary includes a land use policy that allows for parking to be created to
support existing and redeveloped buildings afong Arcade Street. The policy indicates this
can be accomplished by acquiring parcels to the rear of the buildings, up to 120 feet from the
rear commercial property line (the width of three standard residential lots measuring 40 feet
wide). Given that the property at 835 Hawthorne Ave E. is currentiy vacant and its width is 82
feet measured from the rear commercial property line (zoned TN2), the proposai to rezone to
VP for off-street parking is consistent with this poiicy.
The proposed rezoning to VP district is consistent with City's draft Land Use Plan policies
122, which states that development along corridors such as Arcade Street should recognize
community circumstances and preferences as stated in City adopted summaries of small
area plans and City adopted summaries of district plans, as well as policy 1.23, which states
that a mix of uses should be supported on corridors, with predominately commercial corridors
moved by Morton
seconded by
in favor Unanimous
against
including commercial office uses, as well as retail goods and services.
The proposed rezoning to VP district is consistent with existing Land Use Plan policy 5.6.1, .
which states that the City wil! support the provision of jusf enough commercia! parking in
small parking lots fitted into available space, located at the side or rear of buildings.
4. The proposed is compatible with the surrounding uses, including a auto-oriented use that
fronts on Arcade Street, and singte family detached homes ta the east and north and a
multifamily use to the north. The VP zoning district aliows for off-street parking to "serve a"
use district which as developed without adequate off-street parking," and includes
dimensional standards such as lot size and yard setbacks that ensure that the parking
created can transition atell to adjacent (typically residential) areas.
5. Court rulings have determined that "spof zoning" is illegal in Minriesota. Minnesota courts
have stated that this term applies to zoning changes, typically limited to small plofs of land,
which establish a use classification inconsistent with the surrounding uses and creates an
island of nonconforming use within a larger zoned district, and which dramatically reduce the
value for uses specified in the zoning ordinance of either the rezoned plot or abutting
properfy." 7he proposed VP district is not spot zoning. The rezoning to Vehicular Parking is
supported in the adopted Arcade Small Area Plan. In addition, within the eastem side and
fronf yard set backs, landscape buffering and visual screening wili be provided, on the
eastern property Iine in particular. The lot itself will alleviate on-street parking pressures,
which will help ensure that the use will not dramatically reduce the value for uses specified on
residential properties in the vicinity.
6. The petition for rezoning was found to be sufficient on August 12, 2009: 20 parcels eligible;
14 parcefs required;l4 parcels signed.
NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission, recommends to •
City Council, that the application oi Nasseh Ghaffari tUikou for a Rezoning from R4 (single-family �
residential) to VP (vehicular parking) for property at 835 Hawthorne Ave E be approved.
r �
U
C��-I1��
�
Saint Paul Pfanning Commission
City Hall Conference Center Room 40
15 Kellogg Boulevard West
Action Minutes
September 18, 2009
8:00 - 11:00 a.m.
I.
Approved
II.
�.
IV.
v.
•
Approval of minutes of September 4, 2009.
Chairs Announcements
Planning Administrators Announcements
and Craig Blakely, PED staff. (Christina
Zoning Comuuttee
,.'�
' �
�: us
�
�
by Chrisuna Morrison
NO'TE: Public hearing for MGM Liquo ore'Il�s been rescheduled to the Zoning
Committee meeting on September 24, 200
Site Plan Review — List of curre 'cations. (Tom Beach, 651/266-9086)
OLD Bi7SINESS
09-089-752 Wal�e s F �kwa — Site plan review for a new Walgreen's Drug Store.
2101 Ford Par�w,� . m each, 651/266-9086)
Approved il-6
Approved
Gordon, Nelson, Margulies, Thao)
NEW B SS
S
3 Nasseh and Gale Ghaffari Nikou — Rezoning from R4 (single-family residential)
t P(vehiculaz pazking). 835 Hawthorne Avenue East, between Arcade and Mendota.
( ' Pereira, 651266-6591)
#09-259-976 Twin Cities Real Estate Partners — Re-estaUlishment of legal nonconfornung use
as a 4-plex. 1112 Albemazle Street, between Geranium and Jessamine.
(Emily Goodman, 651f266-6551)
•
�
Approved
VI.
\��
Comprehensive Planning Committee
Bicycle Pazkin�Ordinance - Recommendation to release draft ordinance for public
and schedule a public hearing on October 30, 2009. (Kate Reilly, 651/266-6618)
MOTION: Commissioner ponnelly-Cohen moved the Comprehensive
Committee's recommendation to release the summary for public ' H
public hearing for October 30, 2009. The motion carrzed unanim 3
Neighborhood Planning Committee
VIII. Communications Committee
IX. Task Force Reports
X. Old Business
XI. New Business
XII. Adjournment
0
��
w;.�
�,,
�ta
voice vote.
�
Planning Commissi��b s: PLEASE call Sonja Butler, 651/266-6573, if unable to attend.
\�
•
•
� i-I«�
!
MINUTES OF TNE ZONING COMMITTEE
Thursday, September 10, 2009 - 3:30 p.m.
City Council Chambers, 3rd Floor
City Hall and Court House
15 West Kellogg Boulevard
PRESENT: Alton, Faricy, Gordon, Johnson, Kramer, Margulies and 1Norton
EXCUSED: Donnelly-Cohen
STAFF: Luis Pereira, Chriscell Rudolph, Patricia James and Peter Wamer
The meeting was chaired by Commissioner Morton.
Nasseh and Gale Ghaffari Nikou - 09-255-093 - Rezoning from R4 {single-family residential) to VP
(vehicular parking), 835 Hawthorne Ave E, Between Arcade and Mendota
Luis Pereira presented the staff report with a recommendation of approval for the rezoning. Luis Pereira
also stated District 5 recommended approvaf, and there were 0 letters in support, and 0 fetters in
opposition.
Upon inquiry of the Commissioners, Mr. Pereira confirmed that upon approval of the rezoning there
would be a staff review of a site plan before the use wili be permitted. He also stated that there is an
• additional requirement that the lot be used solely for the parking of passenger vehicles. Mr. Pereira also
explained other recommendations were made by District 5 that couid be added ta the site plan review.
He also stated that in discussion with the City Attorney it was suggested that the site plan review include
a condition that the parking only be used to serve the Clinic at 828 Hawthorne Avenue East.
Upon further questions of the Gommissioners, Mr. Pereira stated that under fhe current parking
requirements the clinic wouid be considered under parked. Mr. Pereira also stated that the proposed
parking lot would create an additional eighteen parking spaces, which, with the twelve existing spaces,
would reach the parking requirements in the Zoning Code.
At the inquiry of the Commissioners, Patricia James, stated that once the applicant acquires the parking
lot and improves it, they would meet the code requirements for parking and could not sever the parking
lot without getting a parking variance. She further explained that if another user wanted to share the
parking lot they would need to show that the hours of operation do not overlap or that there has been a
reduction in the parking requirement for the dental clinic.
Michael Klemm Esq., representing Community Dental Care, explained that it was discovered afler
execution of the purchase agreement, that the property was not zoned for a parking lot, and closing on
the property is contingent on the rezoning being approved. Mr. Klemm, conflrmed that the Dental Clinic
will be the sole user of the parking lot. He also stated that at the request of the Payne Phalen District 5
Pianning Council they have added signage to the site plan to indicate that the parking is for Community
Dental Clinic patients and employees only.
No one spoke in support.
•No one spoke in opposition.
File #09-255-093
Zoning Committee Minutes
Page 2 of 3
The public hearing was c(osed.
Commissioner Richard Kramer moved approval of the rezoning. Commissioner Carole Faricy seconded
fhe motion.
The motion passed by a vote of 7-0-0,
Adopted Yeas - 7 Nays - 0
Drafted by:
Ut�u vc�C- �
Samantha langer
Recording Secretary
Abstained - 0
Submitted by:
( �.�,� Pe���`fa
Luis Pereira
Zoning Section
���- �
���(�
Approved by:,
� _ .
r�'
ladys M on
Chair
�
•
!
o�-i�
•
September 10, 2009
Chair Gladys Morton, Member of the Zoning Committee
City Council Chambers, 3rd Ploor, Ciry Hall,
15 West Kellogg Boulevard, Saint Paul, MN 55302
RE: F!e # 09-255-093, 09-255-235 Re-Zoning Appliwtion from R4 (singte family �esidential) to VP (Vehicular
parkingJ and variance of required front yard setback for a parking lot (30 ft. Required: 12 ft proposed) at 835
Hawthorne Avenue E., between Arcade and Mendota. �
Dear Chair Morton and Mem6ers of the Zoning Committee:
The Payne Phaten District Five Ptanning Council's Community Planning and Economic Development Committee have
reviewed this matter of a Re-Zoning Appiication at 835 Hawthorne at both its August 11�' and September 1", 2009
• CPED meetings. The applicant was represented by Ms. Vacharee Peterson, Maggie Yang, and Mr. Michael D. Klemm,
Esq. {Severson, Sheldon, Dougherty and Molenda, P.A.)
CPED reviewed the initial Re•zoning application coupled witfi zoning variance and site plan. The Variance request
was withdrawn and CPED reviewed a revised Site Plan and made recommendations on the Re-Zoning request. CPED
generelly supports the Re-Zoning application and accepts the Site Plan as described and presented, with the
foilowing recommendations.
• There should be continuous fencing as buffer along the eastern side of the property.
• The propased 8 foot high fe�cing should be set five feet from Yhe property line.
• A preference for retaining at least one of the farger existing boulevard trees was stated.
This Distrid Five Planning Council CPED support for re-zoning is contingent upon the final and full trensfer of the
property to Community Dentaf Care.
Piease corrtact me if you have any questions or need more information regarding the CPED Committee's approval.
Sincerely,
David Syers
Chair, Community Planning and Economlc Development Committee (CPEQ)
CC: Board of Direc[ors
•
St76 Kenny Road, Suite 130, Saint Pau1, MN 55130 651-774-523A www.oavneohaien.ore
�
C�
�
ZONING COMMITTEE STAFF REPORT
1. F1LE NAME: Nasseh and Gale Ghaffari Nikou
2. APPL{CAN7: Nassefi Ghaffari Nikou
���� ��
HEARING DATE: September 10, 2009
3. TYPE OF APPLICATION: Rezoning
4. LOCATION. 835 Hawthorne Ave E, Between Arcade and Mendota
5. P1N & LEGAL DESCRIPT[ON: 212922330152; WlLDER'S ADDITION TO ST. PAUL,
MINNESOTA LOTS 19 AND LOT 20 BLK 2
6. PLANNING DiSTR1CT; 5
7. ZONING CODE REFERENCE: §61.801(b)
EXISTING ZONING: R4
8. STAFF REPORT DATE: September 2, 2009 BY: Luis Pereira
9. DATE RECEIVED: August 4, 2009 60-DAY DEADLINE FOR ACTION: October 3, 2009
A. PURPOSE: Rezoning from R4 (single-family residentiai) to VP (vehicular parking).
8. PARCEL SIZE: 9,583 square feet (0.22 acres), with 80 feet of frontage on Hawthome Ave
E.
C. EXISTING LAND USE: Vacant, vegetated lots
D, SURROUNDING LAND USE:
North:
East:
South:
West:
Multifamily (R4) and Single family detached house (R4)
Single family detached house (R4)
Dental clinic (TN2)
Auto sales use (TN2)
E. ZONING CODE CITATION: §61.801(b) provides for changes to the zoning of property
inifiated by the property owner.
F. HISTORYtDISCUSSION: The property at 1236 Arcade Street, currently Heactland Auto
Sales, has a history of various uses. In 1952, a filiing station was approved on the site; in
1964, a trailer rental (U-Haul) business was added to the site; a 1971 remodel of the existing
filling station shaws the adjacent property to the east (835 Hawthorne Ave E) as vacant.
G. DISTRtCT COUNCIL RECOMMENDATION: The Payne Phalen District 5 Planning Council
provided a written recommendafion of approval of this application on 9/2/09.
H. FINDINGS:
1. The applicants, Nasseh and Gale Ghaffari Nikou, seek to rezone property at 835
Hawthorne to VP Vehicular Parking district and su6sequently sell the same property to
Vacharee Peterson, owner of a community dental clinic located across the street at
828 Hawthorne for the clinic's use as off-street parking. The property is currently a
vacant undeveloped lof.
2. The proposed zoning is consistent with the way this area has developed. Several
commercial properties in tne immediate area along Arcade Sfreet have developed
parking iofs in the rear, including those at the comer of Arcade and Maryland. More
specifically, there is a precedent for VP zoning district on Hawthorne on the west side
of Arcade, to tfie rear of a funeral home property zoned TN2. The VP zoning district
extends up to 200' back behind from the front prope�ty line of the funeral home on
Arcade Street.
3. The propased zoning is consistent with the Comprehensive Plan. The Arcade Street
Smalf Area Pfan Summary inciudes a land use policy that allows for parking to be
created to support existing and redeveloped buildings a1Qng Arcade Street. The poficy
Zoning �ile #09-255-093
Zoning Committee Staff Report
Page2of2
indicates this can be accomplished by acquiring parcels fo fhe rear of the buildings, up
to 120 feet from the rear commercial property line (the width of three standard
residential lofs measuring 40 feet wide). Given that the property at 835 Hawthorne
Ave E. is currently vacant and its width is 82 feet measured from the rear commercial
property line (zoned TN2), the proposal ta rezone to VP for off-street parking is
consistent with this policy.
The proposed rezoning to VP district is consistent with Cify's draff Land Use Plan
policies 9.22, which states that development along corridors such as Arcade Streef
should recognize community circumstances and preferences as stated in City adopted
summaries of small area plans and City adopted summaries of distriot plans, as well
as policy 1.23, which states that a mix of uses should be supported on corridors, with
predominately commercial corridors including commercial office uses, as well as retail
goods and services.
The proposed rezoning to VP district is consistent with existing Land Use Plan policy
5.6.1, which sfates that fhe City will support the provision af just enough commercial
parking in small parking lots fitted into availabfe space, located at the side or rear of
buildings.
•
4: The proposed is compatible with the surrounding uses, including a auto-oriented use
� that fronts on Arcade Street, and single family detached homes to fhe east and north
and a multifamily use to the north. The VP zoning district aliows for off-strest parking
to °serve a use district whfch as developed without adequate off-street parking," and •
includes dimensionat standards such as {ot size and yard setbacks fhaf ensure that fhe
parking created cart transition well to adjacent (typically residential) areas.
5. Court rulings have determined that "spot zoning" is illegal in Minnesota. Minnesota
courts have stated that this term "applies to zoning changes, fypically limited to small
p/ofs of /and, which establish a use class�cafion inconsistent with fhe surrounding
uses and creates an island ofnonconforming use within a largerzoned district, and
which dramatically reduce the value for uses specified in the zoning ordfnance of either
the rezoned plot or abutting property.° The proposed VP district is not spot zoning.
The rezoning to Vehicular Parking is supported in the adopted Arcade Small Area
Plan. In additian, within the eastern side and front yard set badcs, landscape buffering
and visual screening will be provided, on the eastem property line in particular. The lot
itself will aileviate on-street parking pressures, which will help ensure that the use will
not dramatically reduce fhe vafue for uses specified on residential properties in the
vicinity.
6. 'The petition for rezoning was found to be sufficient on August 12, 2009: 20 parcels
eligible; 14 parcels required; 14 parcels signed.
I. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of
fhe rezoning from R4 (sing(e-famify residentiaf) to VP (vehicular parking).
�
PETITION TO AMEND TiiE ZONING COpE
Department nfPlanning and Ewnomie Devetopment
Zoning Section
7400 City Ha11 Annez
ZS West FouKh Street
Saint Pau� MN 55102-1634
(651) 2b6-6589
APPLiCANT
PROPERTY
LVL'F��IUI�
to Section 61.800 of the Saint Paul Zoning Ordinance and to Section 462.357(5J of Minnesota Statues,
TO THE HONORABLE MAYOR AND CITY COUNCIL:
� Nasseh Ghaffari Nikou and owner of land proposed for rezoning, hereby petitions you to
a e a ari i ou
rezone the above described property from a R4 zoning district to a VP
zoning district, for the purpose of:
�D=
.�
PropertyOwner TTR4SPI1 r.haffa, u;k�n and Ga1e tGhaffari Nikou
Address 1236 Arcade Street
City St. Paul St. MN Zip 55106 DaytimePhone
ContactPerson(ifdifferent) Michael D. Klemm, Esq. phone � 453-8832
Addressttocation 1236 Arcade Stteet
Le9a1S}escription Lots 19 and 20r Block 2, Wilder's Addition
to St. Paul Curre�tZoning R4
(attach additional sheet if necessary)
off—street parking facility for use in connection with the
Community Dental Care clinic located at 828 Hawthorne Avenue East,
St. Paul.
(attach additional sheets if necessary)
Attachments as required: O Site Pian
Subscribed and sworn to before me
� Consent Petition
3
C, ,� `� �S�
(GL �� �f ��
� Affidavit � `
Fee
Fee Owner
ASHLEY E. SCHMIDT
�' Notary p�bpc
Minnespta
�D^�f� �WresJanu¢ry91, 2p77
R�C�IVED
�au� a � xoo�
!�
Page 1 of _,
:� 6111%20 9' Anton Jerve - RE�: Commun' Derrtal Care - reioning or_parking,lo}' °"�"" �-- �_. Page 1;
From: Vacharee PeEerson <vacfiareepetersonQhotrnail.com>
To: <patricla.james@cf.stpaul.mn.us>, �tom.beach@cl.stpaul.mn.us>, <anton.je...
CC: ' �maggieQcdentc.org>, Roger Swagger �rogerQkarkela.com>
Date: 6/1l2009 9:53 PM .
Subject: - R�: Commurnry Dental Care - rezoning for parking lof
Ou� c{inic has 14 parking spaces for about 35 FTE employee and seeing about 80-90 patlenGS per day. Our office space and our
16 dental operatories occupy a6out 7,600 sq ft, there are an addiBonal space of 2,SOOsq ft in Ihe basement use for sfo2ge and
stafF lounge. We have yet more space of 1,000 sq ft for mechanicaf room. Total square feet is 11,100.
Hqpe this help.
Vacharee Peterson
Date: Mon, 1 Jun 2009 17:46:53 -0500
From: Palricia.James@ci.stpaui.mn.us
CC: maggie�Cdentc.org; vachareepeterson�hotmaif.com; roger@karkela.com
SubjecC RE: Community Deniat Care - rezoNng for parking lot
To: Tom.Beach@ci.stpaul.mn.us; Anton.Jerve@d.stpaul.mn.us; I(IemmM@Severson5heldon.com
Mr. Klemm,
We discussed the needed infortnation in detail with John Berrtleman on May t3. In gene[al, wa will need to undetstand the parking
requirament fir the denlal oftice (I understand ![ occupies Ihe entlre building), which is based on Jhe gross floor area of the building.
(The parking requlrement Is 7 space per 250 sq. ft of gross tloor area.) We also need to understand how many parWng spaces are _
provlded on the site (for our purposes, we only count "unsfacked" spaces, i. e., tlrose ihat can be used wifhout moving another car.
This will give us the parMng shortfall, which would be the reason the new parkfng bt Is needed.
We will meet you at the site at 10:30 a.m. on June 1 t.
In order to get City CauncA approval of the rezonirtq, the Counal will want to know how many spaces are needed vs. how marry are
avaliable - why an addltional 42 spaces are necessary.
Patrlda James
PrinGpal Ciry Planner �
6epartrnent of Planning & Economic bevelopment
25 Wesf 4tfi Street, Suite # 1400
Saint Paul, MN 55102
Tel: 661-266-6639
Fax:651-225-3220 �
patriGa.James@ci.stpaul.mn.us
Saint Paul - The Most Livable Cfty In America
»>
From:
"Klemm, Michael" <KlemmM�Severson5heldon.com>
•
�
•
To:
; _ . ' r. ,
, � , �
�:
�( ((���' . .
ZONING PE'I'ITION SUFF'ICIENCY CHECK SHEET
----=;,
�..
REZO�ITi1G ' SCUP hCUP-
FIRST SUBMITTEA
DATE PETlTION SUBMITTED: �'�%� /(J / DAT� PHTITION RESUBS![TTED: �
l
DATE OFFICIALLY 12ECEIVED:
DATE OFFICIALLY RECE[VED:
• PARCELS ELIGIBLE: � O ,
PARCELS REQUIRED: • � !
• PARCELS SIGNED: ' / �
C�
PARCELS ELtGIBLE:
PARCELS REQUIRED:
PARCELS SIGYED: ,
/�, „�` ��-bcu,�-�, t_ �-iz- r� �'
CHECKED BY: 7 • DATE;
zoNiNG fi���
�
Zoning File #09-255-093
Nasseh and Gale Ghaffari-Nikou
Item Consideration Amount Note
{Zoning Code Parking � f
�
� Requirement for dental � } `
.____ A w_'clinic ---` space/250 sff
}----;----------------- �--------=----r-------------------------------
B jClimcsize(sfl �11,100 �
; includtng: � �
i
___--__---h-----------�----------
C ; 16 dental operetories (sfl j7,600 �Tbis is the base requirement.
' � 1+ � t �..� .. Y �. � �� MM � ��.. � �
1 1 1
` 1 jFotparking purposes,counted as
�,Basement storage & ; ;self-storage - requlres 1 space
____ D_ � lounge(sfl �2,500 �per5,000sf •
h----- - �-------- - -- -- -- - F -- - --------- t -- � ------------_---------
'. �
�For parking purpvses, counted as
� � jself-storage - requires 1 space
E ; Mechanicalroom(sfl ;1,000 ;per5,000sf
��..���. L� � � � �� � F�� ��v � � � �
;Zoning Code Parking ; ;
� � �
;Requirement (off-street ; ;
� � �
F �spaces) �30 �
---------F---__-----------------�F°�-------
—� Ex+stmg onsite parking, ; ;
�828 Hawthorne (non- � �
G stacked spaces) �12 �
-------- � --�--------__---------F--�--
� f
;Zoning Code Parking ; 1
, , ;
H ;Deficit(off-streetspaces);18 ;
•------------�-------------___-----�----------------�-�------------------------
� � '
�Proposednewoff-street j ;Bringsactualoff-streetparkfng
�parking, 835 Hawthome j Einto conformity with existing
I ;Ave E(off-street spaces) ;18 ;ZOning Code requirement
•
�
LJ
Page 1 of 2
�����W
• Luis Pereira - Community Dental Care - Payne PhaIen District Five Planning Council
ar¢=:c:.TiaT�i»^3C+xF�'vF.TL':.cT51r.`T:::.n..n 'as�:s::1r,Rn:+•4"�'GT..araflP��.:�d.'�£r=..?^:�'=.-ra.:��F_.s'.F^•i'_':.?4.–,n3r�"�,.,:_..•,-.•,.: :'.- ':�
From:
To:
�
Date:
Subject:
cc:
"Klemm, Michael" <K1emmM@seversonsheldon.com>
"Vachazee Peterson" <vachareepeterson@hotmail.com>, "Roger Swagger"
<Roger�a,karkela.com> ._.
9/2/2009 1220 PM
Community Dental Care - Payne Phalen District Five Plauning Council
"Luis Pereira" <Luis.Pereira(a�ci.stpaul.mn.us>, <maggie@odentc.org>
Last night the District Five Planning Council approved tfie application for rezoning, subject to a condition that the
rezoning wiil only be effective if the property is canveyed to Communifij Dental Care (o� a similar condition,
depending on what is acceptable to tfie St. Paul City Attorney).
The Ristrict Five Pfanning Council also approved the Plans dated August 26, 2009, subject to the following
changes:
1. The plans will be revised to show the eight-foot-high tence near the east property line will be located 5 feet
from the property line, as agreed by Community Dental Care and Sarah McDonagh to preserve the existing
lilac bushes.
2. The plans wilt be revised to show smatl trees on the east side of the property, instead of the large trees
indicated on the August 26 plans (which would have a large canopy reaching into Sarah McDonagh's yard
and large roots that eventualiy may affect Sarah McDonagh's underground utilities or foundation).
The four parking spaces closest to the road w'tli be removed from the plans, and one large tree marked on
the pians for removal will remain.
4. 1 also informed the District 5Five Planning Councfl that the grading wifl be changed to elevate the east side
of the property as much as possibte without (ntetfering with the drainage, so that the top of the fence will be
as high as possible, as requested by Sarah McDonagh.
Roger, please coordinate the revised pians with Sarah McDonagh and the engineer assisting her, James
McDonagh (651-222-8139), as well as with Tom Beach. My understanding is that we need to provide the final
plans to City Planner Luis Pereira as soon as possible in connection with the September 10 hearing of the St.
Paul Planning Commission Zoning Committee.
Michael D. Klemm, Esq.
Severson, Sheldon, Dougherty & Molenda, P.A.
7300 West 147th Street, Suite 600
Appie Valley, MP1 55124
Office (952) 432-3136 Fax (952) 432-3760
Direct (952) 953-6832 Mobile (952) 212-4949
Severson, Sheldon, Pougherty & Malenda, P.A.
EVERSUN SHELDON
� � � � Attorneys � Adv[sors
Confidentiality Notice: This message and any attachments contain conFldential Informatlon fntended only for use by the
• named addressee(s} and may contaln legatly privtleged and/or propr{etasy lnformation. If you are not the intended
recipient, you may not read, copy, distribute, reWin or take any action in rellance on the contents of this message or any
attachments. If you recetved thls email in error, please ttotlfy us immedfatefy by telephone at 952-432-3136 oY by reply
email, and Immediately destroy and delete thls email message and any attachments from your system.
Electrnntc lYansact[ons Disdaimer: Disclalmer Regarciing Uniform Electronic Trensactions Act ("UETA"). Minn. Stat. §§
325L.01-325L.19. If this communicatton concerns negotiatlon of a contract or agreement, UEI'A does not apply to this
f (� � / i "' � �
.
1• r`
\.'.. � " . . , . .. .. , _ . , ' . .
V
� _ " ' .. . y . , . . . .
,
• ' a �c
Y + � `
- �Y ; 4.. . . . � � ��
� - � . •� `.�� ' � ���
Y l
:. �. �� � � �, �
� �i/ �l � � �� ( ✓ - C � . , . � �
6
� ��'�` � x �� 1.-Y a/ �� _.—_
� .� ,.,:, �� •,�+� . :
. . , � _ � ._ �: �1 �:i
, --
,, ,
, :,> ,
< __ _�_:�� -._ �:�
�, . . -
.Yi!_, .. �� �
.. ti ..... `�
<,�,oa�r.,ar- r...c.:r;
_ : , . � '�:
C pi
��: �
.. . _ �.
:::.
��.
�7� rt� "� >� `,�'t
.�� i � � �? Q �
I' �� �m, '
� � ,
�:
^ V'� � 1
� ,
t;.2 n
'.' .:�L.
t _.
} �:
� � ' J s . �: .: .�
� u
� . »
3 �` ,t' ,�! . � : s �
:j �`�-i �Y� � ���: ` ,
n
.;� . � 3
� . �°
u �
� . � �
i� ��S � �� ' . ,. ... .
r �'
� � � � • k ., u"
} • .., ' . �� �{.� ..
r � ' -' �
- '� �.h . �r ��.-
s.:i
.. . � _ . . �' y � • a . � -��1!�.�
. ' . . . .. ,.�v
•x... �. ti. . N Y � ��
�MC f:
�� � - -+L' 9� � � `°"1r�Y�J���-�
� FJaw hofneS'AVe.E�..� „ . ,.1 u�•,.,r�.�.,.o
!
����� .� � ., �
j: fl �-
� ;,x �
a.s;�; � ��.._ �; .
�' � -� "� -s a��� . w �i � .�i�"� ' .�c- . . . .
� � . �.�.�. , � � •
ti
� . 11 L.�` . i�.�n't..� ,'�� '
� j
.... ..�_.. L _. — . ��
/.�.r'�4� � ���~ 1 � • ' ' .
wtlt*nr'-Rtli('�!� ;; - . . ' - - • _"-
� '.::. ,..6..r � .-. . ..��v�.e�"�
,,,r_ .� ' $ �.��. :�, .r .. . ,_.�.:MZwthorr.e.r��'z,E�=�- -- �--
- - "",-• . _ ••-
._ a ° , o ne ve E _,-.- � . ,
: i�£a",..u6�^.""' F� . . +.-"'�`- � �;
.s -rrr> �k �« . . . .. �
<
. .�.::i.. a� �'n'X �L i,3+.wY.: � . _ . . . _ _ , _ .
. .- ��
� ?.� ' ' :. '
. � r R . . --• . �-
.� . :'., .
� ` $�..:. -� . - 1 � . . .�.
y �r�_ ':�;�n
��� �
. � Havrthong��E ` � ���. ...
- � '.-._ . � �. : � Ar.2Ce,S�� 1
���.' � �
A
�
A�cade�5.,.�,�°� ,. � .14 <
�r.� 'HSx4Goine Ava E �
Y
v
v
L
�
• �
�
�
m
V
L
Q
O1
C
O
m
N
v
UJ1
m
Y
C
� O
�i
N
� L
v
� C
L �
O O
U
s�
+� o
��
�
r� �
2 =
�
�
v
��
M �
� m
v
�
rn
• �
Y
m
0.
�
�
N
�
4-�
O
Y
�
y Q1
X
N
�
�
m
Ot
C
.�
O
N
.
�J
W
i�
L
�
s
�
ca
_
�n
M
�
Y
N
v
i
Y
N
v
�
T
v
v.
Q
Q1
C
O
m
�
a�
rn
m
�
c
0
�
v -
m
�V
L
N
�
�
O
u
�
0
,�
�
v
�
�
�
�,
�
�
�
a,
�
rn
c
Y
i..
�
Q.
i
�
N
L
�
Q
Y
�.
��.
x
v
�
C
�
N
�
N
�
�
C
�
J
�