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Presented
ORlG�NAL
Referred To
Ordinance #
Council File # �`� ���
Green Sheet # � ��
ORDlNANCE
OF SAINi' PAUL, MINNESOTA a9
Committee: Date
An ordinance amending sections 60.201 and 64.300 of the Saint Paul Legislative
Code pertaining to Zoning.
The Council of the City of Saint Paul does ordain:
Seciion 1
That section 60.201. A. of the Saint Paul Legislative Code be and is hereby amended so as to add the
following clause thereto:
Sec. 60.201. A.
Accessory use or accessory. A use which is clearly incidental tq customarily found in connection
with, and (except as provided in section 62.104) located on the same zoning lot as, the principal use to
wl�ich it is related.
When "accessory" is used in the tea�t, it sha11 have the same meaning as "accessory use."
An accessory use includes, but is not limited to, the foliowing:
(1)
�2)
(3)
(4)
(5)
(6)
��)
Residential accommodations for servants or caretakers.
Swimming pools for the use of the occupants of a residence or their guests.
Domestic storage in a barn, shed, tool room or similar accessory building or other structures
including the storage of antique and ciassic automobiles within accessory structures.
A newsstand primarily for the convenience of the occupants of a building which is located
wholly within such building and has no exterior signs or displays.
Storage of inerchandise normally carried in stock in connection with a business or industrial
use, unless such storage is excluded in the applicable district regulations.
Storage of goods used in or produced by industrial uses or related activities, unless such
storage is excluded in the applicable district regulations.
Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street
parking regulations for the district in which the zoning lot is located.
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(8) Uses cleazly incidentai to a main use such as, but not limited to, offices of an industrial or
commercial compiex located on the site of the commercial or industrial compiex;
greenhouses located on the premises as incidental to a florist.
(9)
(10)
Accessory off-street loading, subject to the off=street loading regulations for the disttict in
which the zoning lot is located.
Accessory signs, subject to the sign regulations for the district in which the zoning 1ot is
located.
(I 1) Trash containers, including garbage dutnpsters, in accordance with Chapter 357 of the Saint
Paul Legislative Code.
(12) Radio and television receiving antennas including satellite receiving dishes, ar short-wave
transmit/receive antennas designed for dispatching or use with household elecironic
equipment including "ham" radio equipment, subject to the regulations in section 61117.
(13) Air conditioning condenser.
f���..:.'
Section 2
That Section 64.300 of the Saint Paul Legislative Code be and is hereby amended to read as
follows:
Sec. 64,300. Planning commission and planning administrator approval.
(a) Application to planning commission. Any person having an ownership or leasehold interest in
land and/or building (contingent included) is eligible to file an application with the planning commission
far a special condition use permit, site plan approval, determination of similar use, nonconfornung use
permit, or other matters provided for in this zoning code. A11 applications shall be filed on appropriate
forms and with requisite fees.
(b) i'I�ptti�ig e�iu�iit�i�sY�t� re�i��v� dQl+���t3�i1, tu:a�dmt]�t35Y�,�f4r : The planning commission shall
review and approve all principal uses permitted subject to special conditions, site plans, determinations of
similar use, and other matters and�cases as may by 1aw be provided. The planning commission shall have
the authority to iu�rd��? :ttr revoke any special condition use permit, nonconforming use permit, change in
nonconforming use permit or sign variance. The planning commission may, by rule, delegate to the
planning administrator its power to review and approve all such matters and cases; provided, however,
that the planning commission shail not delegate its power to : rii�ztif�:a�rrevoke any nonconforming use
permit, any change in nonconfornung use permit, any sign variance or special condition use permit or
modify special conditions imposed upon any princapal uses permitted subject to such special conditions.
The applicant shall present the application, a site plan meeting requirements of section 64.102, and
other information as requixed to substantiate his or her case.
(�) ���
administrator
approval tzfc;ii
�itipt`�d:: :The planning commission, or pianning
amstances of each such case before granting an
a permit or sign variance. When authority has not
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been delegated to the plamiiug administrator, the planning commission shali make no decision until after a
public hearing has been conducted by the planning commission or the zoning committee of the plamiing
commission. The plauuing commission or zoning committee sha11 send notice of the tune and piace of any
hearing to all parties who may, in its opuuon, be affected by its decision, which shall in ali cases include
all owners of record of properly within three hundred fifry (350) feet of the premises in question. Such
notices shall be delivered personally or by mail addressed to the respective owners at the address given in
the most current Raxnsey County properiy ta�tation records.
(d) ��n�t€��at �s� pe�tE� ��era�.�ta�d�rt�� :;$efore the planning commission may grant
approval of a principal use subject to special conditions, the commission shall find that:
(1) The ea�tent, location and intensiry of the use will be in substantial compliance with the Saint
Paul Comprehensive Plan and any applicable subazea plans which were approved by the city
councii.
��)
(3)
(4)
�$)
The use will provide adequate ingress and egress to minimize traffic congestion in the public
streets.
The use will not be detrimental to the existing character of the development in the immediate
neighborhood or endanger the public health, safety and general welfare.
The use will not impede the normal and orderly development and improvement of the
sunounding property for uses permitted in the district.
The use sha11, in all other respects, conform to the applicable regulations of the district in
which it is located.
(e) �tri�t�ifi€i9�iisi`::_The pianning commission or the planning administrator where delegated may
impose such reasonable conditions and limitations in granting an approval as are determined to be
necessary to fulfill the spirit and purpose of the zoning code and to protect adjacent properties.
(fl 1l'I��.��t�c��i�:t�ri��ts<:::'The plaYning commission, after public hearing, may modify any or
all special conditions, when strict application of such special conditions would unreasonably limit or
prevent otherwise lawfiil use of a piece of property or an existing structure and would result in
exceptional undue hardship to the owner of such properiy or stnxcture; provided, that such modification
will not impair the intent and purpose of such special condifion and is consistent with health, morals and
general welfare of the community and is consistent with reasonabie enjoyment of adjacent property. The
requirements of secfions 61.100 through 61.105 and 62.103 sha11 remain in force and effect and shall not
be superseded or waived by any such modification of a special condition.
,. - . : �... . . .
(g) �ii�il� �se. c�t"e��miri�Yxpii�^_: When a specific use is not listed in a district the plauuuig
commission shall determine if a use is similar to other uses permitted in each district. The planning
commission shall make the following findings in determining one use is similar to another:
(1)
(2)
(3)
That the use is similar in chazacYer to one ar more of the principal uses permitted.
That the traffic generated on such use is similaz to one or more of the principal uses
permitted.
That the use is not first permitted in a less restrictive zoning district.
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(4) Thax the use is consistent with the comprehensive plan.
9� 3Sa--
(h) ��ii�=�;�iat;�}1,I�I�ei1� Revocation--Conditional �se� `ius� permits, nonconforming use
permits, change in nonconforming use permits and sign variances:
..,. . .,.,._,.
(1) '�"�� i� z�a� ���s���e�l �' r�:cI�� ��a� �� V�Ja�u a principal use
subject to special ��t�"��tiis, a nonconfonniug use, a change m nonconformiug
:....
. _ ;. _.
use; e� a sign vanance, a site p1an, ¢z �r �ztat�r t�z c�sc �r'a�e� �y the p��ta�3g
ea���.�� �x �� t�€s�i1, has not been estabiishecl within one (1) year after the date of
granting thereof, then without further action by the plamiing commission, or the city council,
the authorizaxion for such anDroval shail be nuli and void. 'T�e: ct��i�ti�iun-_��.�€��:ri[�ri�i�a�
�2)
zoning administrator shall notify the commission
wnen a aeve�opment coverea by s�a�e�a4 �:c�Ttt€i7li3n�t. us�,;J?��YiEt; Ti#�Y�G��?ti�it3�:1�
per�i��, c�ng� z� x�c�zl�zi�t��?g.��s� gexriifi�, c� ,��i �raazu� is not in compliance with any
of the conditions imposed upon such use permit. The commission may, at a public hearing,
following notice to the owner of subject properiy and other adjacent properiy owners as
specified in paragraph {� {��, and upon determination that the conditions imposed by such
approval are not being complied with, revoke the authorization for such approval and require
....:..,._:, _..
that such use be discontinued.:�;:�.:�cr��z��:izr,_Iz�:�-:x�uakiiqg:�k�;�ezz�t%ssi�i�; z�3�
(i) Pe�i�its�issii��?�ec��t�e;t� Upon approval of a principal use permitted subject to special
conditions, site plan, defermination of similar use, or other matter or case by the planning commission or
the planning administrator where delegated, the applicant shall be issued a permit upon which all
conditions or limitations imposed shall be recorded, r���w �°��* °"�" '�� - ��a ��''w� ��^° �° ��* °°*°'�'�°'�°-'
>
r..«��
,. .: .:., ._,. .... :, _ ::.........
(j} Pi�r��u►�:��ma��r�t�r s,��[�t�l��p+�a�.#rx:�t�ittm3s��ts�t,: The grant or denial of approval by
the planning administrator is subject to appeal to the planning commission by any person, firm or
corporation, or by any office, department, board or bureau affected by a decision of the planning
administrator within thirty (30) days after the decision appealed from shall have been served either in
person or by mail upon the owner of the property which is the subject matter of the decision. The
planning commission sha11 conduct a hearing on the appeal within thirty (30) days of the receipt of the
appeal by the planning commission.
(k) ;€�`�iprars'a�f��ial:�f:�a��pi��p�i��i ,� �i� ��iti�t�::::The grant or denial of approval or
revocation of a special condition use permit by the planning commission is subject to appeal, to the city
council in accordance with section 64.2Q6.
(1) �fe�;s�lietivI�;.-'.:A fee to be established by resolution of the city council shali be paid to the
zoning section of the planning division by all holders of special condition use permits which are subject to
annual review. Fees shall be paid by the permit holder at the time notice of the review is made to the
permit holder. Such resolution may provide for waiver or refund of such fee under specific circumstances.
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(m :"i�ieia��fi��d��ii�u;?iis+�' "?��i't�'<,�1� .' chan e to a s ecial condition
) ��.,.:.<_..-,..,:....;:::,: ;.;....:,.,.-�.:...::-,:,:�<::.:--:: B P
use requires a new pernut when one (�}of the following conditions occurs:
(1) A speciai condition use changes from one (�j-special condition use to another special
condition use.
(2) The floor azea of a special condition use expands by fifty (50) percent or more. For a special
condition use existing on October 25, 1975, expansion is the sum of the floor azea of all the
expansions since then. For a special condition use established after October 25, 1975,
expansion is the sum of the floor area of all the expansions since being established. Floor
azea does not include floar azea which is accessory to a principal use and which does not
result in the expansion of a principal use.
t3)
(4)
(5)
(6)
The building conta.ining a special condition use is torn down and a new building is
constructed, even if the new building contains the same or less floor area.
The prancipal use of a special condition use expands onto an abutting lot, such as a used caz
lot or a fast food restaurant building addition expanding onto an abutting lot.
The nuxnber of residents in a community residential facility increases, or the number of
rooming units in a rooming or boardinghouse increases.
A college, university or seminary adds a school building or an off-street pazking facility for
its exclusive use outside of its approved campus boundary.
(n) ��ia�ig�:�£ s��i�; �i�i���=u�� �riui#�ii€�;si�
condition use does not require a new permit but does req
following conditions occurs:
r�d:<; `A change to a special
a site plan when one (1) of the
(1) The floor area of a special condition use expands by less than fifty (50) percent. For a
special condition use existing on October 25, 1975, expansion is the sum of the floor area of
a11 the expansions since then. For a special condition use estabiished after October 25, 1975,
expansion is the sum of the floor area o£ all the expansions since being established. Floor
area does notinclude floor area which is accessory to a principal use and which does not
result in the expansion of a principal use.
��)
(3)
(4)
(5)
An accessory use of a special condition use expands onto an abutting lot, such as a bowling
alley's off-street pazking lot expanding onto an abutting lot.
Off-street parking spaces aze added in a parking lot, garage or ramp on the site of a special
condition use.
An accessory structure is added to the site, such as a building to store salvaged motor vehicle
parts being constructed on the site of a motor vehicle salvage operation.
A college, university or seminary adds a school building or an off-street parking facility
within its approved campus boundary.
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Section 3
This ordinance shall take effect and be in force thirty days from and after its passage, approval and
publication.
�o�Rittuefl
MAY 27 1995
Requested by Department of:
Adopted by Council: Date �
Adoption Certified by Council
sy
tary
Planni & Econo ' Develo ment
By:
Form Approved by City Attorney
By:
Approv�3 j��� yor :
l# /
ay : j 1/ �.._
for
ssion to
C�
q�"-3 sv
OEPARTMENT/OFFICE/ UNCIL DATE INITIATED 'v� 312 5 7
GREEN SH T _
CANTACT PERSON & PHONE . �N INITIPVOATE
�,DEPAHfMEMDIflECfOR �GliVCAUNCIL
ASSIGH � CfiY ATTOFNEY � GT' GLERK
MUST BE CqU L AGENOA BY (OATE) p��N� BUOdEf DIRECfOR � FIN. 8 MGT. SEflVICES OIR.
�Ep MAYOR (OR ASSISTAN'n � ��I Q ,_
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS POR SIGNATURE)
ACCION REWESTED:
Adopt February Minor Zoning Amendments �
RECAMMENDA7�ONS: Approve (A) aAejaci i� PEFiSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_ PLANNING COMMISSION _ C�VIL SEfiY{CE COMMISSION �- Has this perso�rm ever worked under a contract for this departmerrt2
_ CIB COMMfITEE _ YES NO
_ STAFF 2. Has ihis personJfirm ever been a city employee?
— YES NO
_ DIS7AIGi COUR7 _ 3. Does this person/Firm possess a skill not normally possessed by any curteM ciry employee?
SUPPORTSWHICHCWNCILO&IECTIVE? YES NO
Explafn ali yes answers on separate sheet and attach to green sheet
INITATING PflOBLEM, ISSUE, 07PORTUNITY (NTO, Whel, Whan, Where, Why�:
Needed minor zoning amendments are delayed if done only periodically. �
-- (NA4 O 1 1995
���°� A��B��
ADVANTAGES IFAPPROVED:
Zoning code will be kept up to date.
DISADVANTAGES IP APPROVEO:
None.
&f�! ��'
MA� 1. 3 �99�
DISqOVANTAGES IF NOT APPROVED:
Needed amendments could face long delay.
TOTAL AMOUNT OF TRANSACTION $ COS7lpEVENUE BUOGE7ED (CIRCIE ONE) YES NO
FUNDIHG SOURCE ACTIVITY NUMBEH
fINANCIAL INFORMATION'. (EXPlA1N)
9S3S�
�.1� �F' J�f P1�� 390 Ciry Hatd Telephone.� 612-266-8510
Norm Co7eman, Mayor IS West Kellogg Boulevard Facsim:le: 612-128-8573
Sa:nt Paul, MN 55102
March 1, 1995
Council President David Thune and
Members of the City Council
3rd Floor City Hall
Saint Paul, Minnesota 55102
Deaz President Thune and members of the City Council:
Beginning in 1982, the Planning Commission periodically considered and recommended
to the CiTy Council a series of minar zoning amendments contained in 40-acre studies
called Zoning Amendments I, II, etc. There have been eight of them. The zoning
amendments made changes needed to bring the code up to date with new living or
business practices, carry-out newly adopted plans, clarify regulaUons, correct errors,
and incorporate zoning administrator interpretations and Planning Commission findings.
Since these 40-acre studies were done only periodically, needed zoning amendments
were delayed until staff, the Commission, and City Council had the time to work on
them. In order to avoid such delays and to keep the code as current as possible, the
Commission will consider and recommend to the Ciry Council several minor zoning
amendments each month.
The second Minar Zoning Amendments recommendation is attached. They concern
brew pubs and modifying zoning permits. The Zoning Committee of the Planning
Commission held a public heazing on the proposed amendments on Februazy 16, 1995.
The Commission recommended their approval on Pebruary 24, 1995, as set forth in the
attached resolution.
I am pleased to transmit these amendments to you for your review and approval.
Sincerely,
���-(�1�---
Norm Coleman
Mayor
l�[�1i'.i
�city of saint pauf
planning commission resoiutEOn
file number 95-15
�te February 24, 1995
MINOR ZONING AMENDMENTS
FEBRUARY 1995
9s-3 ��
WI-IEREAS, the Planning Commission has deCermined that considering and
recommending monthly zoning amendments Co the Mayor and City Council is the
most desi.rable way to keep the zoning code as cuzrent as possible; and
WHEREAS, the Zoning Committee of the Planning Commission held a public hearing
on proposed minor zoning amendments concerning modifications to permits and
brew pubs at its February 16, 1995, meeting; and
WHEREAS, the Planning Commission has determined:
1. That the number of real estaCe descriptions affected by the amendmezts
renders the obtaining of written consent impractical;
• 2. That a survey of an area in excess of 40 acres has been made;
3. That a determination has been made that the proposed amendments to the
Zoning Code are related to the overall needs of the community, to
existing land use, and to plans for future land use; and
4. That pursuant to State Statutes proper notice of the hearing was civen
in the Pioneer Press on January 25, and February 1 and 8, 1995.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends
approval of the zoning code amendments in the "Minor Zoning Amendments
February 1995° sCudy pertaining to modifications of "zoning permits and brew
pubs and directs the Planning Administrator to forward the study and this
resolution to the Mayor and City Council for their review and action.
moved by Morton
� seconded by
in favor Una°;m°�S
against
DEPAAThfEM OF PLAI�NING
& ECONO\fiC DEVELOP�tENT
� S _ �sa-
CITY OF SAIN'T PAUL
Narm Co7eman, �4tayor
Division of Planning
25 West Fou.th So-eet Telephone: 672-?66-6565
SaintPaul, hA'»I01 Facsimile: 672-238-33/�1
MINOR ZONING AMENDMENTS
February 1995
�
u
c� s _ 3s a-
�
SMALL TRUCKS
MINOR ZONING AMENDMENTS
FEBRUARY 1995
Sec. 6Q.22� T. (DEFINITIONS)
Sec. 60.412. (7) (g) Principal use permitted. (Home occupations in R-1 thru R-4 Districts)
g. There shal] be no exterior storaoe of equipment or supplies associated with the home
occupation nor parking of more than one business car, P�^'•••^ �^�^'� ^- �-^°" ^°^ smatl:tiniek
nor any additiona] vehicles eYCept those for permitted employees identified under puagraph d.
Sec. 60.413. (15) (fl Principal uses permitted subject to special conditions. ( Shared commercial
parking in institutional lots)
f. Only passenger vehicles a�d st??all track� will be allowed in shared parking spaces in
institutional lots.
. AISCUSSION
Home occupations are allowed to park pickup trucks or small vans, but these veh9cles are not defined.
A modification of the Special Condition Use Pezmit for the Immaculate Heart of Mary (IHM) shared
commercia] parking lot was required to allow small trucks to pazk there. This amendment defines
small trucks as the same size as those that were allowed on the IHM lot. See attached photos of
trucks of vazious weights.
2. PARKING FACILITY LOCATION
Section 60.221.U. (DEFINITIONS)
[Inbuildable lot. A lot unsuitable for construction of a sin�l�familv dwetling without variances
dne to lot condirions snch as lot size, lot width, availabiiitv of nublic utilities, soil conditions or
topographV.
Sec. 62.102 (2) Off-street parking facilities standards and design.
(2) Parkingfacility location; residential. Residential off-street pazking shail consist of an off-street
parking facility or parking spaces as defined in this code. Parking spaces for one- and hvo-
� fami(y dwel(ing units shail be located on the same zoning lot that they are intended to serve or
on an unbuildable ]ot in the same or less restrictive zonina district, across an allev and within
30 feet of the orincipal iot. Pazking spaces for buildings containing three (3) or more dwelling
uniTS shal! be on the same zonina lot, in a P-1 zonin� district, or in an abutting zonina lot in
the same or less restrictive zonin� district. �
DISCUSSION
In two 1994 variance cases, the Board of Zoning Appeals (BZA) has allowed garaQes to be
constructed on unbuildable lots that are across the alley from the house tliat tliey serve. The BZA has
reviewed this proposed amendment and recommends approval.
3. MODIFICATTON OF PERMTTS BY PLANNING COMMISSION
Sec. 64.300. Planning commission and planning administrator approval.
(a) Applica5on to planning commission. Any person having an o��nership or leasehold
interest in land and/or building (contingent inciuded) is eli�ible to file an application with the planning
commission for a special condition use permit, site plan approval, detemtination of similar ase,
nonconformino use permit, or other matters provided for in this zoning code. AIf app[ications sfia[[ be
filed on appropriate forms and with requisite fees.
_._... _.,.._.:........._:.:...;. ........:...:......_. . .
(b) 1'launin4 ea�nmiss�nic rei�e��; delegahou-ta a�m�a�s#rafvr .;-The plannm� commission
shall review and approve all principal uses permitted subject to speciat conditions, site plans,
deterrninations of similaz use, and other matters and cases as may by law be provided. The planning
commission shall have the authoriry to m�i�'y;t�� revoke any special condition use permit,
nonconforming use permit, chan�e in nonconformina use permit or si�n variance. The plannin�
commission may, by rule, delegate to the plannin� administrator its po�ver to eeview and approve all •
such matters and cases; provided, however, that the plannin� commission shal] noY delegate its po�ver
to �.ris�Ti�y:,:a't:revoke any nonconformin� use permit, any change in nonconforming use permit, any
sign vanance or special condition use permit or modify special conditions imposed upon any principal
uses permiited subject to such specia] conditions.
The appIicant shall present the application, a site pIan meetin� requirements of secrion 64.102,
and other information as required to substantiate his or her case.
C c Revie�:::'"�QCQ�uresa : �`�ar3u�:`au�_`�utices:>r�vii�e�I:;; The planning commission, or
) ., ::::.:....::: P:..:::.:,.:<.::.,:...:.::>:..........:..:.:.�..:::.::.:.<..,::...:..,..:..,::..,.......:,�._......:
planning administrator where delegated, shali investigate the circumstances of each such case before
granting an approval tir �ri�ifiea�in�;:tif;_'or �_:reuqcat[tzp;of� a permit or sign vaziance. When
aathoriry has not been delegated to the planning administrator, th�e planning commission shal] make no
decision untiI after a public hearing has been conducted by the planning commission or the zoning
committee of the planning commission. The planning commission or zoning committee shalI send
notice of the time and place of any heazing to all parties who may, in its opinion, be affected by its
decision, which shall in atl cases include all owners of record of property within three hundred fifiy
(350) feet of the premises in question. Such notices shall be delivered personally or by mait addressed
to the respective owners at the address $iven in the most current Ttamsey County property tasation
records.
(d) �u�itiip�taE:use"�:e��urt�%getierat`:Sfa,ndartl54�r;Before the pianning commission may grant
.._..:...,-:�.>.,�>.-.:.:.,:._..:�...,.,.:_......_......._:..,_._::...:.....,._. ,
approval of a principal use subject to special conditions, the commission shall find that:
2 s
�S_�sa—
� (1) The extent, Iocation and intensity of the use �vill be in substantia] compliance �vith the
Saint Pau! Comprehensive Plan and any applica6le subarea plans which were approved
by the city council.
�2)
(3 )
�0�
(5)
i
The use tivill provide adequate in�ress and egress to minimize tra�c con�estion in the
public streets.
The use will not be detrimental to the existin� character of the development in the
immediate neighborhood or endanaer the public health, safety and general welfare.
The use will not impede the normal and order]y development and improvement of the
surrounding property for uses pertnitted in the district.
The use shall, in all other respects, conform to the applicable regulations of the district
in which it is located.
(e) !�'nailitfdiis�: ` planning commission or the planning administrator �vhere delegated may
impose such reasonable conditions and limitations in granting an approval as are determined to be
necessary to fulfill the spirit and purpose of the zoning code and to protect adjacent propedies.
(� lYFae�ify'speeiial canditi�in$:`:The planning commission, after public heazing, may modify
any or all special conditions, when strict application of such special conditions would unreasonably
limit or prevent othenxise Iawful use of a piece of property or an existina structure and wouid result in
exceptional undue hardship to the o�vner of such property or structure; provided, that such
modification will not impair the intent and purpose of such special condition and is consistent with
health, morals and general welfare of the communiry and is consistent with reasonable enjoyment of
adjacent property. The requirements of sections 61.100 through 61.10� and 62.103 shall remain in
force and effect and shall not be superseded or waived by any such modification of a special
condition.
(g) Simsi�c;v��e't��t�irniiriafian�=�When a specific use is not listed in a district the planning
commission shall determine if a use is similar to other uses permitted in each district. The planning
commission shall make the following findings i� determining one use is similar to another:
(1)
�2)
(3)
(4)
That the use is similar in character to one or more of the principal uses permitted.
That the traffic generated on such use is similaz to one or more of the principa! uses
permitted.
That the use is not first permitted in a less restrictive zoning district.
That the use is consistent with the comprehensive plan.
� h 1?fliit if`_�iaY est�bTiskeei; Revucarion—Conditional aseF fise permits, nonconforming use
) ..:::..: :..:::::.::.�..:.,:..:::.;:...:...:.>.....:
permits, change in nonconforming use permits and sign variances:
��i� i�`;iipi_�Sta�iliS�i.�.....' .....?;�i............._A.:.:<� :...... T.. ..,tiere
� (1) .,, ecE �fh�n tsnr� er{nt� ,,.e� a principal
use subject to special eer�di�iea ctind�fi�tts, a nonconfotming use, a change in
nonconformin� use, e� a si�n variance, a site plany b� nthet matter �sr,ease apgro�ed y
the pI�n�lut� EortimtssF�si_ar t�ry couiicil has not been established within one (1) year .
afrer the date of grantm� thereof then without further action by the plannin�
commiss�on, or die city council, the aathorization for such approval shail be null and
�2)
not m compl�ance wim any oi me conait�ons tmposen upon sucn use permic. i ne
commissioa may, at a public hearine, followin� notice to the owner of subject property
and other adjacent property owners as specifed in paraQraph (-�} ��), and upon
determination that the conditions imposed by such approval are not bein� complied
with, revoke the authorization for such approval and require that such use be
(i) Per�iij� issue�I�ec�ird�_:;.Upon approva] of a principal use permitted subject to special
conditions, site plan, determination of similar use, or other matter or case by the planning commission
or the plannin� administrator where detegated, the app(icant shall be issued a permit upon �vhich all
conditions or limitations imposed shall be recorded. c,,,.�, _,....,:« ..r...n r.� ..,.:a :r«ws. �;_�,�'
. V .
a a � ` � --
s..r:..a.. .. ....1 F � N.� e.•+�..�:....
, ._.._,........._.,.;. � .. �. _ :.. . . _ .._....._:..:
V) YTariniri�:;adi�irii5tratoY's;�deciSit�tilagpeat f�:coiitinissiat�_<�The �ant or deniat of
:: ::.:: . :..:.: �. :.:: _....;:::,:_:..,._ :..,.;:.,.,,,:.:.:...:.:,.:,.,::,. _:;..:..,.. ..:;...<>...:.... :.:.�: -..,:-...._::... ..:..
approval by the planning administrator is subjectto appealto the plannin� commission by any person,
firm or corporation, or by any office, department, board or bureau affected by a decision of the
planning administrator within thirty (30) days after the decision appeated from shall have been served
either in person or by mail upon the owner of the property which is the subject matter of the decision.
The pfanning commission shall conduct a hearing on the appeal within thirty (30) days of the receipt
of the appea] by the planning eommission.
� k t1 .tov�IftCeriial'::af;`:er�i#f� grant or denial of approval or
)....;AA .:...:::.:::.:..<..>.::;;..:.::.:.,::�::,,,;:_.;:.,,:>:.�P.:..,,;.,..,,:_::�::..,::.:;:
revocation of a special condition use permit by t[�e planning commission is subject to appeal to the
city council in accordance with section 64206.
(1) �ee;scl�ei�t�2e<; A fee to be established by resolution of the ciry council shall be paid to the
zoning section of the planning division by all holders of special condition use permits �vhich are
subject to annual review. Fees shall be paid by the permit holder at the time notice of the review is
made to the permit holder. Such resolution may provide for waiver or refund of such fee under
specific circumstances.
(m) SpectYa3 [OitdiYcaa uSe�terlinif� �ts�ig� re�tttt►�g 3ue}c' p�CYituF, ;; A change to a special
. .. .. 4 . . . . ..
�
Goriditiaus via(aterT;_ revo�afiurt;�::;The zoning administrator shatt notify the
commiss�on �vhen a deve[opment covered by se�e�ra�geava4 a cottttiX�ana� stse perm�i;
�
�
condition use requires a ne�v permit when one f-}}of the following conditions occurs:
(7) A speciai condition use changes from one (-i-j-special condition use to another special
condition use.
(2) The floor area of a special condition use espands by fifty (�0) percent or more. For a
special condition use esistin� on October 25, 1975, expansion is the sum of the floor
area of all the expansions since then. For a special condition use established afrer
October 25, 1975, expansion is the sum of the floor area of all the espansions since
being established. Floor area does not include floor area which is accessory to a
principal use and which does not result in the expansion of a principal use.
�
(3)
(4)
(5)
(6}
The building containin� a special condition use is tom down and a new buildino is
constructed, even if tl�e new buildin� contains the same or less floor area.
The principal use of a special condition use expands onto an abutting lot, such as a
used car lot or a fast food restaurant building addition expanding onto an abuttine lot,
The number of residents in a community residential facility increases, or the number
of xooming units in a rooming or boardinghouse increases.
A college, university or seminary adds a school building or an off-street parkin�
facility for its exclusive use outside of its approved campus boundary.
(n) �haiige uf'_special;criridifipn#iis� requireci_';A change to a special
condition use does not require a new permit but does require approval of a site plan when one (I} of
the foilowing conditions occurs:
(1) The floor area of a special condition use expands by less than fifty (50) percent. For a
special condition use exisiing o� October 25, 1975, expansion is the sum of the floor
area of all the expansions since then. For a special condition use established after
October 25, 1975, expansion is the sum of the floor area of all the expansions since
being established. Floor area does not include floor azea which is accessory to a
principal use and which does not result in the expansion of a principal use.
�2)
(3 )
(4)
(5)
An accessory use of a special condition use expands onto an abutting lot, such as a
bowling alley's off-street parking lot expanding onto an abutting lot.
Off-street parking spaces are added in a parking lot, garage or ramp on the site of a
special condition use.
An accessory structure is added to the site, such as a building to store salvaged motor
vehicle parts being constructed on the site of a motor vehicle salvaae operation.
A coltege, university or seminary adds a school building or an off-street pazking
facility within its approved campus bouadary.
�
�
DISCUSSION
The Planning commission is now authorized to revoke special condition use permits, nonconforming �
use permits, and sign variances. In some circumstances it is more appropriate to modify a Plannine
Cornmission approva! than to revoke it. This will make it that possible.
4. BREW PUBS
Section 60.201. A. Accessory use or accessory.
DISCUSSION
This is a Zonina Administrator's determination resardine brew pubs.
!I'• ;_:'.1 ;s�'
Typographical errors can be corrected by the City Attomey's Office and wil done in that way.
0
�
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/
• 2. PARKING FACILITY LOCATION
Section 60.221.U. (DEFINITIONS)
Sec. 62.102 (2) Off-street parking facilifies standards and design.
c� 5 _ �s a-
(2) Parking facility location, residential. Residential off-street pazking shall consist of an off-street
pazkin� facility or parkin� spaces as deFined in this code. Parking spaces for one- and two-
family dwelling units shall be located on the same zoning lot that they are intended to secve o�
. : .... .::... ......::.
aecass�anza.ey,a� < ,`x , t�t :; .ee_ �� ;; o ar tng spaces or ui tngs con a�mng
: : .. . .....:::..:::.:..: . .
three (3) or more dwelling units shall be on the same zoning lot, in a P-1 zoning district, or in
an abutting zoning lot in the same or less restrictive zoning district.
DISCUSSION
In two 1994 variance cases, the Board of Zoning Appeals (BZA) has allowed gazages to be
constructed on unbuildabie lots that aze across the alley from the house that they serve. The BZA has
� reviewed this proposed amendment and recommends approval.
�
2
�S_�sa-
� PIINUTES OF THE ZONING CONII�IITTEE
CITY COUNCIL CfLnS'BERS, SAINT PAUL, MZNNESOTA ON FEBRUARY 16, 1995
PRESENT: Mmes. Faricy, Morton, Treichel, and Wencl, Messrs. Field, Guraey,
Kramer and Vzught of the Zonir,g Committee; hir. Sega1, Assistant
City Attorney; Mmes. Dadlez and Sanders; and Mr. Ryan of the
Planning Division.
ABSENT None.
Time: 4:25 - 5:05 p.m.
The meeting was chaired by Gladys Morton, Chairperson.
Minor Zonina Amendments, Februarv 1995
Roger Ryan, Planning Division staff reported that public hearing notices were
published on January 25, February 1 and 8, 1995, in the Pioneer Press. t�
addendum to the staff report in the form of a memorandum dated February 16,
1995, was distributed which included a revision to the Small Trucks amendmeat.
Mr. Ryan reviewed the proposed zoning amendments outlined in the staff repozt.
SMALL TRUCKS
Mr. Ryan summarized that the proposed revision, instead of having a definition
• which treats all small trucks alike, it wi11 rather, allow small trucks or
vans licensed for a gross weight of nine thousand (9,000) gross weight or less
in the home occupations, and twelve thousand (12,000) gross weight for t?�e
shared commercial parking lots. Section 62.102 (2) has been rephrased_
Commissioner Vaught suggested tha[ the real issue with many of the parking
lots is the physical size of the vehicles parked there, rather than the
weight, below a certain limit, and questioned whether the committee ought to
define it in terms of the length of the truck as opposed to the weight o� the
truck.
Mr. Ryan saicl that these vehicles are licensed by weignt which is included on
their license plates which would provide ease of enforcement/administration.
Mr. Vaught referenced photographs depicting trucks and their various weignts
included in the staff report and indicated that some of the lighter weight
trucks are also pretty large trucks, and that some of the heavier trucks are
not. He suggested enforcement could simply use a tane measure as an
enforcement tool to regulate truck length which he believes would more
accurately address what is desirable to regulate which he believes is the size
of trucks that are parked in lots as opposed to their weight.
Commissioner Field objected to the amendment and questioned the need for a
definition for such a limited use.
Commissioner Wencl guesCioned the reason for this regulation and whether it
pertains to the length, size, width, height oz weight of the vehicle.
Mr. Ryan said that home occupation references small trucks or vans but does
not defi.ne a small truck or van. As the Zoning Administrator has been using
� 9,000 gross vehicle weight which is cited in an ordinance having to do with
parkways, this has been proposed. Mr. Ryan further stated that the shared
parking lot for Immaculate Heart of Mary also contri.buted to it becoming an
issue.
There was brief discussion regarding recreational vehicles and Mr. Ryan
clarified that recreational vehicles are excluded from any parking .
requirements.
Commissioner Xramer suggested that perhaps a permit should be issued to allow
for trucks over a certain size, with nei9hbors notified, and then if there is
objection it can be addressed.
Commissioner Gurney agreed that gross weight would sezve as a useful
enforcement tool and felt that using anything other than that would l�e
extremely difficult. �
Mr. Segal clarified that action of the committee is only necessary if the
committee chooses to accept a proposed amendment and forward it to the
Planning Commission.
No action was taken.
2. PARKING FACILITY LOCATION
Mr. Kramer asked whether there has bee!x a continuing problem associatzd with
this.
Mr. Ryan indicated that there rave beea approximately 3 cases in the past 6
years or so.
No action was taken.
3. MODIFICATION OF PE?2MIT5 BY PLA��7NING COMMISSION
Mr. Segal briefly reviewefi that a previous hearing of revocation of the
condition use permit for the Gznesis House generated conce?-n that the Planning •
Commission should have the ability to do something other than revoke or not
revoke a permit, but to change the conditions.
Coarm.issi.oner ICramer moved approva2 of Amendmeat No. 3, Modification of Permits
by Planning Co�ission, Cott�issioaer Guraey seconded the motioa. The motion
carried with a voice vote of 5 to 1(Wencl against).
Commissioners Field and Treichel were not present for the vote.
4. BREW PUBS
Mr. Segal pointed out that Brew Fubs is a new business �nd that the auestion
has coTae uo whether it is a permitted use in the business district.
Commissioner Guraey moved approval of Amendment No. 4, Brew Pubs. �
Commissioaer Rramer seconded the motion. The motion carried with a voice vote
of 6 to 0.
C�mmissioners FieZd an3 Treic?ie1 were not present for the vote.
Discussion Recrardinq New Zonin4 Amendment Process
Commissioner Wencl initiated discussion regarding the new zoning amendment
process.
Chair Morton reviewed that at a December meeting the Zoning Committee
recommended to the Planning Commission who,also approved, that the con¢nittee
review proposed zoning amendments on a monthly basis rather than reviewing a
great number of them at the end of the year as was done previously_
•
�
e
qS -3sa-
� Commissioner Wencl questioned whether the possibility of changed zonir.c
regulations on a monthly basis is business friendly. She also said that tn=_=_z
frequent cnanges makes it difficult for commissioners to maintain an up-to-
date and accurate Zoning Code for reference in decisionmaking.
bir. P.yan said he sees this method as being business £rieadly, versus s�.-i:a c�
proposed anendments and not keeping thirgs current. Ae reviewed the prccess
of zoning amendments becoming official. Following the Planning Commissioa
there is a public hearing before the City Council for their action, anc tre
amendments go into ef£ect 30 days after council actioa. Shortly therea't=r .
reprints of the amendments to the zoning code become available. With t�=_
current process the entire turnzround could occur within approximately 10
weeks from the time it first aopears on the council agenda.
It was revealed that Planning Commissioners are not receiving updated rz�ri-�s
of the Zoning Code. Nir. Ryan said that he will see that in the future
Planning Comnissioners do reczive reprints of zoning amendments.
Commissioner Vaught favors a more frequent zoning ameadment process tha- was
done previously. In terms o� the public's cognizance he does not belie it
really makes any difference. F3e believes the committee soends more time o,
them with this current method aad that zoning code amendments more or 1==_s
slide through when they're comniled for a rumber o£ months.
Commissioaer Wencl suggested that the committee monitoz the new process to
analyze whether it is in fact a more efiicienC use of the committee's a�d
staff's time at committee meetings.
Commissioner Kramer said that the term "minor zoning amendments" does nct
. accurately reflect the amendments and requested that in the future they b°
called "zoning code amendments".
Commissioner Wencl discouraged zoning amendments being proposed because o- eaz
instance the committee encountered as this can be dealt with by other neans.
Commissioner Vaught said that he does not want to discourage staff from
bringing issues forward as the committee does not have to adopt staff
recommendations, and will be benefiting from a much more deliberative p-ocess.
Approved by:
�
Gladys Morton,
Chairoerson
.�
3