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96-1002t��rt��yv`��p:i�.,ij , '*l`�!'ua'��V7 ��l uj.'2 ��•.. . ORDINANCE OF SAINT PAl1Q, N Presented By 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Referred To Committee: Date 19 An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof: WHEREAS, Pursuant to Minnesota Statutes §462357 and §64.400 of the Legislative Code, BRADLEY RHODES, MARLAND & AUDREY MORK, AND THE ESTATE OF FILEMON BALBUENA duly petitioned to rezone properiy at the southeast corner of MARSI3ALL AND WESTERN AVENUES AND AN EXTENSION ON DAYTON AVENiJE, being legally described as Lot 2, ex the E 44.58 ft; all of Lots 3 and 4; and E 10 5/10 ft of Lot 6 and ex E 6 751100 ft Lot 7; Block 80; Dayton and Irvine's Addition, from RM-2 to P-1 to allow the construction of a parking lot, the petition having been certified by the Planning Division on December 4, 1995 as having been consented to by at least 67 percent of the owners of the area of the properry to be rezoned, and further having been consented to by at least two-thirds of the owners of the property situated within 100 feet of the total contiguous property within one year proceeding the date of the peti6on; and WHEREAS, The Zoning Committee of the Planning Commission held public hearings on May 2, and June 6, for the purpose of considering the rezoning petition, and pursuant to §107.03 of the Administrative Code, submitted its recommendation to the Plauning Commission that the petition be granted; and VJHEREAS, The Planning Commission considered the rezoning petition at its meeting held on June 14, 1996 and recommended that the City Council approve the petition; and WHEREA5, notice of public hearing before the City Council on the said rezoning petition was duly published in the official newspaper of the City on July 3, 1996 and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet of the property sought to be rezoned; and WHEREAS, a public hearing before the City Councii having been conducted on July 24, 1996, where all interested parties were heard, the Councii ha�ing considered all the facts and recommendations concerning the petition; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the zoning map of the City of Saint Paul, Sheet Number 20, as incorporated by reference in §60.301 of the Saint Paul Legislative Code, as amended, is hereby fiirther amended as follows: That property legally described as: Lot 2, ex the E 44.58 ft; ail of Lots 3 and 4; and E 10 5/10 ft of Lot 6 and ex E 6 75/100 ft Lot 7; Block 80; Dayton and Irvine's Addifion Council File # � � � ordinance # Green Sheet # 31 � 9'3 NESOTA �a 43 44 45 46 4� 48 be and is hereby rezoned from RM-2 to P-1. Section 2. fi�9F- i f-' ( r _� `�. � �`_�002� This ordinance shall take effect and be in force thiriy (30) days from and after its passage, approval and publication. of : Adoption Certi£ied by Council Secretary By: Approved by M�r: • Date � v i9 �l�{' By: L By: Form�Appr d by City Attorney By: -��-_ Approved by Mayor for Submission to Council By: U"�IS� -e�Ji"'�u^i7 qL-►oe� DEPARTMENT/OFFICE/COUNCIL DATE INRIATEO N� � 1 Z 7� GREEN SHE . // CANTACTPERSpN&PHONE 07/26/96 � iNR,nvoAr •_ INfTiAUDATE �DEPAHIMEM�IRE R �CRYCOUNCIL 266-658 �� CITYATfORNEY � CT'CLERK MUST BE O CAUNGIL AGENDA BY (DATE) q0�� a gUOGEf DIRECTOR � FIN. & MGT. SEFYICES DIR. OROEp � MAYOR (OR ASSISTANT) � �� i e TOTAL # OF SIGNA7URE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATUR� ACIION RE�UESTED: Adopt ordinance to finalize council approval of a petirion of BRADLEY RHODES, MARLAND & AUDREY MORK, AND Tf� ESTATE OF FII.EMON BAI.BiTENA to rezone property located at the southeast corner of Mazshall & Westems Avenues and an extenrion on Dayton Avenue from RM-2 to P-1 24 I 96. RECOMMENDA7roNS: Apprwa (A) or Reject (R) pERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING QUESTIONS: A PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �• Has ihis person/firtn ever worked under a coMraC[ far this tlepartme � CIBCOMMmEE YES NO �� S7AFF _ 2. Has this personHirm ever been a city employee? YES NO C �(� (� C � _ D�SiqiCi cOUa7 _ 3. Does Mis person/firm possess a skAi not normally possessed� ei1j+ a7rt51it b�s�pioyee? SUPPORT$ WHICN COUNqL OBJECTIVE4 YES NO Explafn alt y0s answera on separate afieet antl ariaoh to �y� �"i%Fi'.� Q�� INITIATINCa PROBLEM. ISSUE, OPPORTUNITY (Who, Wh81, When, Where. Why�: ' Finalize council approval of a petirion of BRADLEY RHODES, MARI,AND & AUDREY MORK, AND THE ESTATE OF PILEMQN BALBiJENA to rezone property at the southeast corner of Mazshall &- Westerns Avenues and an extention on Dayton Avenue from RM-2 to P-1 to allow the construction of a pazking lot. ADVANTAGES IFAPPROVED: /�� .�J � �� t��.i�°i �� r "�'-1 / RL�i� 12 `EJ�r, ��y� tA�� _..�.� DISADVANTAGES IFAPPROVED� .---- _- — - R��l�� AUG 01 1996 C{�� i��.��Y DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OFTqANSACTION $ COST/qEVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITV NUMBER F7NANCfA41NFORMATION (EXPLAIN) DEPARTMENT OF PL,ANNING & ECONOMIC DEVELOPMENT (;ITY OF SAINT PAUL Norm Coleman, Mayor June 28, 1996 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Orvision of P(ann "vtg 25 West Fourth Sveet SQifiI Paul, I�IIV SS/02 � (.-�b03- �5 Te7ephone: 6I2-266-6565 Facstmile: 612-228-3314 I would like to confirm that a public heazing before the City Council is scheduled for Wednesday July 24, 1996 for the following zoning case: Applicant: File Number: BRADLEY K. RHOAES, MARLAND & AUDREY MORK, AND THE ESTATE OF FILEMON BALBUENA #96-054 Purpose: Rezone property from RM-2 (residential multiple family) to P-1 (parking) to allow construction of a pazking lot. Address: Southeast corner of Marshall & Western Avenues and an extension on Dayton Ave Legal Description of Property: Previous Action: Lot 2, ex the E 44.58 ft; all of Lots 3 and 4; and E 10 5/10 ft of Lot 6 and ex E 6 75/100 ft Lot 7; Block 80; Dayton and Irvine's Addition Planning Commission Recommendation Approval, vote: unanimous, 6/14/96 Zoning Committee Recommendation: Approval, vote: 6-0, 6/6/96 My understanding is that this public hearing request will appear on the agenda for the 7uly 10, 1996 City Council raeeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6582 if you have any questions. Sincerel Y�` y �P� � Kady DaUlez City Planner Zoning Section �� r� ��` � 1VOTICE OF PUBLIC HEARING cc: File #96-054 The Saint Paul City Council will conduct a public heazing on W ednesday. Mike Ki'aemeC July 24, I996, to consider the application of Bradley K. Rhodes, Marland and DOnna Sanders Audrey Mork, and the estate of �lemon Balbuena [o rezone-propeity fram � RDS-2 (residential multipie family) to P-1 (parking) to allow construction of'a pazking lot at the southeast comer of Marshall and Western Avenues and an extension on Dayton Avenve. , Dated: July 2, 1996 - _ PIANCY ANDERSON Asslstant�City Council Secretary (July 3, 1996) DEPART'MEN7 OF PLANNING & ECONOMIC DEVELOPM6'NT a(.-1002 CITY OF SAII�T PAUL Form Coieman, Mayar July 12, 1996 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 Division of Planming 25 West Fourih Street Telephone� 612-266-6i6i Saint Paul, M,V 5�701 F¢cs+mile 672-218-3314 RE: Zoning File #96-054: BRADLEY K. RHODES AND OTHERS City Council Heazing: July 24, 1996 PURPOSE: To consider rezoning property at the southeast comer of Mazshall & Western Avenues from RM-2 to P-1 to allow construction of a pazkin¢ lot. PLANNING COMMISSION RECOMMENDATION APPROVAL ZONING COMMITTEE RECOMMENAATION APPROVAL • STAFF RECOMMENDATION: APPROVAL SUPPORT: Summit-University Planning Council supports the rezoning petition. OPPOSITION: No one spoke, Dear Ms. Anderson: • BRADLEY K. RHODES AND OTHERS submitted a petition to rezone property at the southeast corner of Marshall & Western Avenues. The Zoning Comanittee of the Planning Commission held public hearings on the proposed rezoning on May 2, and 3`une 6, 1996. The applicanYs representative addressed the committee. At the close of the public heazing, the committee voted 6-Q to recommend approval to rezone to P-1. The Planning Commission upheld the Zoning Committee's recommendation for approval on a unanimous vote on June 14, 1996. This proposed rezoning is scheduled to be heard by the City Council on July 24, 1996. Please notify me if any member of the City Council wishes to have slides of the site presented at the public heazing. Sincerely, � / Ken Ford Planning Administrator KF:kd Attachments cc: City Councilmembers city of saint paul planning commission resolution file number 96-29 �tQ June 14. 1996 W�EREAS, BRADLEY RHODES, MARLAND & AIIDREY MORK, AND THE ESTATE OF FILEMON BALBiJENA, file #96-054 have petitioned to rezone the SOUTHEAST CORNER OF MARSHALL & WESTERN AVENUES AND AN EXTENTION ON DAYTON AVENLTE from RM-2 to P-1 to allow the construction of a parking lot; and WHEREAS, the Zoning Committee of the Planning Commission held public hearings on May 2, 1996 and 7une 6, 1996, at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64.400 of the Saint Paul L.egislative Code; and WHEREAS, 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 following findings of fact: � 1. The properry is owned by several entities: Bradley Rhodes, Marland and Audrey Mork, and the estate of Filemon Ealbuena. 7ohn Rupp intends to purchase the proper[y and • deveIop the site for an off-street parking Iot. The Iikely users of the Iot are W.A. Frost employees and residents of the apartment buildings to the south on Westem Avenue. Access to the parking lot will be from Marshall and Dayton Avenues. 2. The rezoning is in conformance with the comprehensive plan for the ciry. The intent of the P-1 parking disuict is to pernut the establishment of off-street pazking facilities to serve areas that have developed without adequate off-street parking. One of the industry and commerce objectives of the District 8 Plan states, "to provide adequate off-sueet parking for Selby Avenue businesses" p.26, Policies of the Economic Development Strategy include, "the City should review its zoning regulations and amend them as necessary to keep canent with technologicat and economic changes affecting the nature of business activity" #29 p.18. The Selby-Westem parking study, March I996, concludes that the parking situation in the area is tight, but not at a crisis stage. Efforts shouId be made to create new off-street parking in the area, where appropriate, provided sound urban design and planning principles are used. The parking study indicates that 129 spaces are required for the area moved by Wencl seconded by in favor U�� against • Q`( • Zoning File #96-054 Page Two of Resolution bounded on the north by Marshall, the south by Dayton, the east by Farrington, and the west by Westem. There are 48 off-street spaces available, thus a shortfall of 81 spaces exists (figures from 1994). If on-street parking spaces are inc]uded, the shortfall becomes 67 spaces since there are 14 on-street parking spaces. 3. The rezoning is consistent and compatible with the way the area has developed and will not have an adverse impact on sunounding property. The area was developed without adequate off-street parking. This is an attempt to provide additionai off-street parking and ease the pressure for on-sueet parking. 4. The zoning code states that the planning commission may grant modifica[ions of Section 62.104 (site plan review) based on findings that such modification is conslstent with the intent of the code and with reasonable enjoyment of adjacent property. The site pian submitted does not meet setback requirements along the southern property line adjacent to the existing apartment building on Westem Avenue (4 feet required and 2.54 provided). The plan submitted also does not meet the setback requirements along the eastern propefty line adjacent to an existing duplex on Marshall Avenue (4 feet required and 0.0 feet provided) and the westem property line along Western Avenue (4 • feet required and 3.89 feet provided). Please note that some of the dimensions in the site plan submitted are not accurate. Dimensions from plat maps maintained by Ramsey County are assumed to be correct. The planning commission supports a modification of the setback requirement to allow a 2.54 setback along ihe southern property line adjacent to the existing aparunent building on Western Avenue. If the modification is not granted an entire row of parking, 9 spaces, would be eliminated. The plaruaing commission does not support a modification of the setback requirements along the eastern and western properry lines. Instead, the planning commission requires that the site plan be modified to eluninate two parking spaces from the center island area. This will provide the space needed to accommodate the required 4-foot setbacks and landscaping along the east and west. Formal approval of a site plan must be obtained before the site can be developed for parking. 5. The applicant submitted a sufficient petition signed by two-thirds of the property owners within one hundred (100) feet of the properiy to be rezoned consenting to the rezoning (10 parcels eligible, 7 parcels needed, and 7 parcels signed). � Zoning File #96-054 Page Three of Resolution 6. In 1987 the City Council approved a lot split with variances for one of the lots proposed for rezoning, L,ot 2. There is a duplex on the easterly portion and the westerly portion is vacant. However, that lot sp2it was never recorded with Ramsey Counry and the current plat map still shows the lot as undivided. While the pianning commission supports the rezoning perition, it cannot support the creation of either a split-zoned properry or rezoning the duplex to P-i. Therefore, the plazming commission provisionally recommends approval of the rezoning provided the lot split from 1987 is recorded with Ramsey County, and proof of such recording is submitted to ciry staff prior to the city council's public hearing on the rezoning petition. If proof of the recording of the lot split is not submitted by that time, city staff and the planning commission will recommend denial of the rezoning petition when it comes before the city council for public hearing. 7. The spaces created in ti�is parking lot are not within 300 feet of the property on which W.A. Frost is tocated. Therefore, the spaces in the lot cannot be used for required parknng for future expansions of the W.A. Frost property unless a vaziance is obtained from the Board of Zoning AppeaIs. � 8. The proposed parking lot is located in the Historic Hill Disuict. Therefore, review of the • ptans for the parking Iot by the Heritage Preservation Commission wiIl be required. NOW, THEREFORE, BE IT RFSOLVED, by the Saint Paul Planning Commission that the petition of BRADLEY RHODES, MARLAND & AUDREY MORK, AND THE ESTATE OF FILEMON BALBUENA, to rezone properry at the sovtheast comer of MARSHALL & WESTERN AVENUES AND AN EXTEN'I`ION ON DAI'TON AVENUE, more particulariy described as L.ot 2, ex the E 44.58 ft; all of L.ots 3 and 4; and E 10 5/10 ft of L.ot 6 and ex E 6 75/100 ft Lot 7; Block 80; Dayton and Irvine's Addition from an RM-2 zoning classification to a P-1 zoning classification is consistent with the Comprehensive Plan for the Ciry; and BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission grants a modification of the 4-foot setback required from the southern property line adjacent to the existing apartmeni bnilc3ing along Westem Avenue to allow a 2.54 fooi setback; and BE IT FINALLY RFSOLVED, that the Saint Paul Planning Commission does hereby recommend to the Council of the City of Saint Paut that property located at the SOUTHEAST CORNER OF MARSHALL & WESTERN AVENUES AND AN EXTENTION ON DAYTON AVENUE be rezoned from RM-2 to P-1 in accordance with the petition for rezoning on file with the Saint Paul Planaing Division. � i • • IV rn (11 U �S �j'�'�" �lavi,V�,� � �vas from the Central Ciry and the small towns. �par �� 5 ��+ Jv�.e 14 � l - Before the City Council is a moratorium, introduced by Council President Thune, on permitting any metal shredders in the City, coup]ed with a request for a study of zonina for such facilities. The third reading is scheduled for two weeks from last Wednesday, 7une 26, 1996. Assuming that it's adopted, the Planning Commission will be required to make zoning recommendations. This will not affect the process on whether an Em�ironmental Impact Statement is required. The Planning Commission's process on a special condition use permit will not begin until al] others are taken care of. Commissioner Geisser asked ihe difference between what Council President Thune is requesting and a 40-acre study of the azea. Mr. Ford responded that what Council is requesting is not to study the zoning of that particular area, but how metal shredders are treated in the zoning code. Commissioner Vaught asked if at the time when the City Council passed the last commercial district, was there talk about another way to handle this type of issue. Staff could remember no such talk. Zoning Committee #96-098 Brew and Bottle Inc - Determination of Similar Use to determine if a micro brewery is an accessory use to a brew on premise store (242 W 7th St). Commissioner Vaught suggested that City Attorney, Peter Warner be present for this case. Commissioner Morton agreed to wait until Mr. Wamer presented himself. #96-054 Bradlev Rhodes - Rezone properiy from RM-2 (residential) to P-1 (parking) to allow the construction of a parking lot (southeast corner of Mazshall and Westem). �t;#�t��:sSilit�e�f iv�i#Eh;catri�ti, #96-109 Hamed E Kalifa - Change of nonconforming use to allow a convenience store (967 Arkwright SU397 Case Ave). Commissioner MoROn read the agenda for the next Zoning Committee meeting, 7uly 1, 1996, a Monday (not Thursday, as usual). #96-I l0 Lone, James/Lone's Auto Place - Special condition use permit to allow an expansion of existing outdoor automobile sales lot (15b6 Rice St). MINUTES OF TFIE ZONZNG COMMITTEE • CZTY COUNCIL CHANffiERS, SAINT PAUL, MZNNESOTA ON JUNE 6, Z996 PRESENT: Mmes. Faricy, Morton and Wencl; Messrs. Chavez, Field, Kramer and Vaught of the Zoning Committee; Mr. Warner, Assistant City Attorney; Mmes. Dadlez and Sanders and Mr. Ryan of the Planning Division. ABSENT: Gurney, excused Time: 3:32 - 3:37 p.m. 6:25 - 6:20 p.m. The meeting was chaired by Gladys Morton, Chaixperson until 4;30 p.m. The remainder of the meeting was chaired by Barbara Wencl, Vice-Chair. extension on Davton; #96-054; Rezonina. Rezone property from RM-2 to P-1 to allow construction of a parking lot. Kady Dadlez, Planning Division stafP, directed commissioners' attention to a letter that was distributed dated May 23, 1996 from John Rupp which indicated that Mr. Rupp was on vacation and designated Thomas Zahn as his representative at the meeting. Ms. Dadlez then referred to Finding No. 6 of the staff report relative to the " lot that was split by the City in 1987 but was never recorded with Ramsey County, and said that she had just spoken with Bradley Rhodes who had called her from the Ramsey County Recorder's OfPice and who was presently working on • getting the lot split recorded. The District 8 Planning Council voted to support the rezoning. Tom Zahn, 420 Summit Avenue, Mr. Rupp's named representative, said he was available to respond to questions. Commissioner vaught said that as Mr. Rhodes was named on the application as the applicant, not Mr. Rupp, although Rupp was Iisted as the contact person, that he would prefer proceeding with Mr. Rhodes present or with Mr. Rhodes authorizing sabstitute representation, thereby ciearing up the ambiguity that arose at the last meeting with Mr. Igo's unauthorized representation. Mr. Zahn said that he had been in communication with Mr. Rhodes, and suggested that the fact that Mr. Rhodes was currently £iling the lot split appeared to indicate Mr. Rhodes' compliance with the process underway. Commissioner Vaught said he did not see that as clear, and questioned why Mr. Rhodes did not come to the meeting to clear up the ambiguity. Co�issioner Chavez moved that the matter be moved to the bottom of the agenda, and requested that Mr. Zahn attempt to locate Mr. Rfiodes and ask that he attend the meeting. Commisaioner Vaught secoaded the motion. The motion carried on a voice vote of 7 to 0. The matter was reconvened at 6:15 p,m. Bra@ley Rhodes approached the podium. Commissioner Vaught reviewed the ambiguity surrounding the sepresentation of the application. � C��_(oor . • • Mr. Rhodes in response to questioning by Commissioner Vaught, said he had no objection to the application, and that he desired the committee to approve the rezoning petition. The public hearing was closed. Commiasioner Vaught moved approval of the staff reaommendation to rezone the property from RM-2 to P-1 to allow a parking lot and a modification of the 4 foot setback reguired from the southern property line adjacent to the existing apartment building along Western Avenue to allow a 2.54 foot setback. Commissioner Chavez seconded the motion. The motion carried with a voice vote of 6 to 0. Commissioner Morton was not present for the vote. Submitted b : �tiCl� K � Kady Dadl z � Approve by: G � g �� / � Gladys orton Chairperson MI1v'UTES OF THE ZONING COMMITTEE • CITY COUNCZL CHAMBBRS, SASNS PAUL, MINNESOTA ON M�Y 2, 1996 PRESENT: Mmes. Faricy, Morton and Wencl; Messrs. Chavez, Fie1d, Kramer and Vaught of the 2oning Committee; Mr. Warner, Assistaat City Attorney; Mme. Sanders and Mr, Ryan of the Planning Division. ABSENT: Gurney Time: 3:32 - 3:50 p_=a. 5:20 - 5:55 p.m. The meeting was chaired by Gladys Morton, Chairperson. BRADLEY RHODES PND OTHERS: Southeast corner of Marshall & Western and extension on Davton; #96-054- Rezonina. To rezone property from RM-2 to P-1 to a7.low the construction of a parking lot. Roger Ryan, Planaing Division staff, reviewed the staff report and presented slides. The Summit-University Planning Council reguested a layover to give them the opportunity to hold a community issues meeting on May 9, 1996. Mr. Ryan reported that the Ramsey Hill Association had also requested layover so that they could discuss this matter with John Rupp, the developer. Mr. Ayan said he relayed the request for layover to Tom Zahn, a representative � for Mr. Rupp, and that Mr. Rupp agreed to a two week layover to allow him to meet with the Ramsey Hill Association. However, Bradley Rhodes, the owner/applicant did not make the request for layover. Staff recommended approval of the rezoning petition based on findings 1 through 7 of the staf£ report. Commissioner Chavez noted that the staff recommendation did not include Finding No. 8 wfiere the review of the plans for the parking lot by the Heritage Preservation Commission wi11 be required. Mr. Ryan responded that Heritage Preservation Commission reviem will be required regardless of Finding No. 8's inclusi.on in the staff recommendation. Commissioner Faricy initiate@ discussion of whether ttze contact with Mr. Rupp, the developer of the property, was sufficient regarding the requested layover. Mr. Ryan reported that the reguest for the layover was not made by Bradley Rhodes, the Morks, or Mr. Cutting, the representative of the estate of Filemon C. Balbuena. Ae pointed out that the 60 day deadline is May 20, 1996 and if laid over for two weeks would not get to the Planning Commission until May 24. Mr. Ryan continued that as it is a request for a rezoning, that the 60 day period for City Council action would not begin until the Planning Commission either makes a recommendation or the Planning Commission's 60 day period has expired and suggested that if laid over for 14 days the City Council would have fewer days in which to act. Commissioner Vaught asked Mr. Warner's advice on staff's determination as he disagreed that two 60 day periods are provided; believes the law remains unclear; and said even if a second 60 day period exists he didn't agree that a number of days could be borrowed from the second 60 day period and tacked on • to the first 60 day period. �C-l� . Peter Warner, Assistant City Attorney, said that the City Attorney's Office opir.ion is much the same, that there is a theoretical 60 days additio.^.al. FIe reviewed Mr. Rupp's lettez dated May 2, 1996 requesting layover, and had reservations about its language. Mr. Warner suggested that unless the applicant is able to provide a written note that the matter be continued, that the committee would best be advised to move on the matter. Commissioner Kramer referencing pages 1S and 19 of the meeting packet, pointed out that it stated that the applicant is Bradley Rhodes, and identified John Rupp as the contact person. Rick Igo, 300 Dayton Avenue, said he was the agent for Bradley Rhodes, the applicant, and that he too has a financial interest in the property. Mr. Igo said that the interest for Filemon Balbuena is in a contract for deed form to Bradley Rhodes and Mr. Igo; and that there is a warranty deed from Marland Mork to Rhodes which had not yet been filed at the time of the meeting. Mr. Igo said that Mr. Rhodes did not want the matter delayed. Commissioner Vaught questioned Mr. Igo's role as an agent for the applicant. Mr. Igo said he has a financial interest in the property and that his name is on the contract for deeds. Commissioner Vaught noted that the 60 day requirement is what was being addressed and reiterated that the application did not name Mr. Igo as the representative of Mr. Rhodes. Commissioner Faricy reviewed that it had been determined that Mr. Rupp, the Ramsey FIill Association and the district council wanted the matter laid over. She said she was very concerned about the setbacks requested. • Commissioner Faricy moved a two week layover. The motion died for lack of a second. Commissioner Vaught said until a representative who has some authority to act for Bradley Rhodes requested a layover he would not vote for one. b7r. Igo presented a 1987 City Council resolution for the lot split dealing with this parcel which had Mr. Igo's name on it, and reiterated that he was representing Mr. Rhodes. Commissioner Kramer moved that the matter be postponed to the end o£ the agenda, and if a written request from Mr. Rhodes could be obtained requesting layover or asking the committee to proceed, the aoaunittee could deal with it at that time. Commissioner Chavez seconded the motion. Mr. Igo asked whether a phone call from Mr. Rhodes would be adequate, with Commissioner Kramer suggesting that it be in writing. The motion carried on a voice vote of 6 to 0. The discussion reconvened at 5:20 p.m. Mr. Igo reported that he spoke to Mr. Rhodes and that he did not wish to continue the matter. Commissioner Kramer noted that the lot split had not been recorded at the time the packets were mailed out and asked whether the lot split had yet been recorded. Mr. Igo said that he had not yet had them recorded. • 2 Commissioner Vaught referenced the Petition To Amend the Zoning Code, page 19 • of the committee packet, and drew attention to the various signatures and their notarization by Mr. Igo. Mr. Igo acknowledged he notarized the signatures, which he explained were of Audrey and Marland Mork, who are the actual fee owners of parcel 3, and referenced a deed showing the transfer of that property to Mr. Rhodes. He said since it wasn't filed against the property the Morks� signatures were desired on the application as well. Commissioner Vaught asked the committee's legal counsel if the signatures were necessary and proper signatures. Mr. Warner, Assistant City Attorney, said he was not certain why the signatures were there. He said that as he presumes the applicant has some legal interest in the property that under the ordinance the applicant can bring the matter before the Planning Commission. Commissioner Vaught said if the signatures were necessary, as well as their notarization, that based on his knowledge of the notary laws of the State of Minnesota, he guestioned whether the signatures were valid notarizations. Ae reported that all commissions of all Notary Publics of the State of Minnesota expire on Sanuary 31, 2000, and that any date other than that has been automatically terminated by the Legislature, requiring all notaries to reapply. He suggested that a notary seal with an expiration date of October 24, 1996 that was used to notarize a document on March 14, 1996 would be an invalid notarization. Mr. Igo said he has since gotten his new stamp and that he is a legitimate notary public in the State of Minnesota. He reported that sta£f had indicated to him that notarization of those documents was not necessary. • Commissioner Vaught said he was troubled with the application, and that it was not clear to him who needs to be on it and who doesn't. Ae said if someone could answer conclusively that those persons names don't need to be on the application then he wouldn't have a problem with it, but if not, that he could not approve the request. Commissioner Kramer reviewed that the applicant is Mr. Rhodes, the contact person noted on the application was Mr. Rupp, and thet a letter was received from Mr. Rupp requesting a layover. Ae noted that Mr. Rhodes has essentially said he is not the contact person, and Commissioner Rramer noted apparent confusion amongst the parties involved, Mr. Warner commented on the letter dated May 2, 1996, from John Rupp, that was distributed at the meeting and said that the letter did not address the 60 day law as he understood it. Mr. Warner suggested that Mr. Rupp's letter was not an appropriate request for a layover within the narrow confines of the 60 day rule. Mr. Ryan pointed out that Mr. Rupp had called him and requested a two-week layover, and that he advised Mr. Rupp of the need £or a written request, drafted the letter requesting the 14 day extension for him, and that Mr. Rupp suhsequently signed it. Mr. Warner said that the question continued to be who the applicant was. Commissioner vaught addressed a variety o£ concerns regarding the ownership of tfie property, noting that there were 7ikely three or four separate fee owners. He said he was not prepared to vote, other than to deny the rezoning petition, on the basis that he felt the committee was not presented with clear evidence of who the owners are. • 3 �ll-loa� • Commissioner Kramer suggested that the application was incomplete and that the comnittee should not act on an incomplete application. He also felt the 60 day period should not be relevant with an incomplete application. Commissioner Kramer suggested that this be the determination o` the committee. There was further discussion, with Mr. Ryan providing information from the tax records and the petition filed. Commissioner Vaught was not satisfied that the application was properly before the committee. Commissioner Wencl asked Mr. Warner if he would rule that the applicatior was incomplete. Mr. Warner responded that the City Attorney's Office could take this under consideration, depending upon the committee's action and that of the applicant. commissioner Vaught asked that if this matter became an issue before the Planning Commission at its next meeting, that Mr. Warner address some of the issues related to the proper parties involved. He then asked Mr. Warner to elaborate on the right of the committee, by giving written notice, to extend the 60 day geriod. Mr. Warner said that under the old law if the reviewing authority felt that the application was not proper then they could provide written notice to the applicant explaining specifically what would be required of the applicant to bring the application into compliance, so that Che authority could then act properly, and further stated that that provision was not changed. Commissioner Vaught moved an extension of an additional 60 days, citing as the • reason irregularities in the application, including but not limited to the £ollowing: 1) the failure to join in the application the apparent £ee owners of lot 2, lot 6, and lot 7 of Block 80 of Dayton and Irvine's Addition; 2) the question on the petition regarding the notarization of the signatures for lot 3 0£ Block SO of Dayton & Irvine's Addition; and 3) the apparent inconsistency in recommendation to the committee between Mr. Rupp, Rhodes' contact person, and Mr. Igo, with respect to whether the committee act on the matter or delay. Commissioner Kramer seconded the motion. Commissioner Chavez referenced Finding No. 6 which states: °.,staff provisionally recommends approval of the rezoning provided the lot split from 1987 is recorded with Ramsey County, and proof of such recording is submitted to City staff prior to the city council's public hearing on the rezoning petition. If proof of the recording of the lot split is not submitted by that time, staff will recommend denia2 of the rezoning petition when it comes before the city council for public hearing." He questioned that the staff recommendation for approval was based on Finding No. 6, which in fact is provisional, and dependent upon the lot being properly split. Mr. Ryan said that it was and that staff agreed to go ahead, but with the provision that the lot split be recorded before it gets to the City Council. Commissioner Chavez further questioned the logistics of such a recommendation. • 4 The motion for an extension o£ an additional 60 days carried with a voice vote of 6 to 0. Commissioner Vaught said that presuming the Planning Commission foZlows their recommendation that it be noted that written notice must be sent, and recommended as a minimum that notice be sent to Mr. Rhodes, Mr. Rupp, the Morks, and Mr. Cutting. Commissioner Kramer requested that staff attempt to clarify on permit applications what the responsibilities and/or rights are of a contact person. Commissioner Vaught suggested that this discussion be incZuded with future minor zoning text amendments. He noted that i.n a legal context it's not uncommon that if an individual shows up as a representative that they're required to bring with them a statement from the principal interest indicating their responsibility. Vaught suggested that perhaps staff should consider something similar. Chair Morton asked staff to see that written notice goes out to all of the parties. Submitted by: Ro Ryan 5 Approved by: �� `�� rtorton Chairperson � • • 9 a�-��°Y • ZONING COMMITTBS STAFF RBPORT __°___________________�___°__ F2LS # 46-054 AYPLICA2IT: BRP.DLEY RHODES AND OTHERS DATH OF RHAF2ING: �5(�2/96 CLASSIFICATION: Rezoning LOCATION: Southeast corner of Marshall & Western and extension on Dayton PLF�NNING DISTRICT: 8 LSGAL DSSCRIPTZON: Lot 2, ex the E 44.58 ft; all of Lots 3 and 4; and E 10 5/10 ft of Lot 6 and ex E 6 75/100 ft Lot 7; Block 80; Dayton and Irvine's Addition 1 2 3 4 5 � 7 PRSS$NT ZONING: RM-2 STAFF INVESTIGATZON AND RSPORT: ZONING CODH RSFBRBNC$: §64.400 DATB: 4/26/96 SY: Kady Dadlez 8. DATE RECSIVBD: 03/22/96 DEADLINB FOR ACTION: 5/20/96 _== ____________________ A. PffRPOSE: Rezone property from RM-2 to P-1 to allow the construction of a parking lot. B. PARCaL SIZS: This irregularly shaped parcel has frontage on three streets: 167.67 feet of frontage on Marshall Avenue; 116.5 feet of • frontage on Western Avenue; and 74.5 feet of frontage on Dayton Avenue. The total lot area of the development parcel is approximately 28,213 square feet. C HXISTING LAND IISH: The property to be developed for the parking lot is currently vacant. S9RROUNDING LAND IISB: The property is surrounded by moderate to high density residential uses in an RM-2 zoning district. !� E. ZONING CODE CITATION: Section 64.400(a) states that �'the council may, £rom time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may, £rom time to time, review district boundaxy lines to determine if, pursuant to state laws, such district boundary lines should be changed." Section 64.400(b) states that "an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the properCy to be rezoned." AI5TORY/DISCIISSION: There is one grevious zoning case concerning this property. The case is from 1993 and involves a site plan review for the parking lot at Marshall and Western. No action was ever taken. F DISTRICT COIINCIL R8CO2�l8NDATSON: The Summit-University Planning Council requests a lay over to give them an opportunity to hold a community issues meeting on May 9, 1996. O • Zoning File #96-054 Page Two H. FINDINGS: The property is owned by several entities: Bradley Rhodes, Marland and Audrey Mork, and the estate of Filemon Balbuena. John Rupp inteniis to purchase and develop the site for a 77 stall off-street parking lot. The likely users of ttxe lot are W.A. Frost empZoyees and residents of the apartment buildings to the south on Western Avenue. Access to the parking lot wi1Z be from Marshall and Dayton Avenues. The rezoning is in conformance with the comprehensive plan for the city. The intent of tha P-1 parking district is to permit the estab2ishment of off-street parking facilities to serve areas that have developed without adequate off-street parking. One of the industry and comcrterce objectives of the District 8 Plan states, "to provide adequate off-street parking for Selby Avenue businesses^ p.26. Policies of the Economic Development Strategy include, "the City should review its zoning regulations and amend them as necessary to keep current with technological and economic changes affecting the nature of business activity" #29 p.18. � The Selby-Western parking study, March 1996, concludes that the parking situation in the area is tight, but not at a crisis stage. Efforts should be made to create new off-street parking in the area, where appropriate, provided sound urban design and planning principles are used. The parking study indicates that 129 spaces are required for the area bounded on the north by Marshall, the south by Dayton, the east by Farrington, and the west by Westem. There are 48 off- street spaces available, thus a shortfall of 81 spaces exists (figures • from 199a). If on-street parking spaces are included, the shortfall becomes 67 spaces since there are 14 on-street parking spaces. The rezoning is consistent and compatible with the way the area has developed aad will not have an adverse impact on surrounding property. The area was deve3oped without adequate off-street parking. This is an attempt to provide additional off-street parking and ease the pressure for on-street parking. The zoning code states that the planning commission may grant modifications of Section 62.104 (site plan review) based on findings that such modification is consistent with the intent of the code and with reasonable enjoyment of adjacent property. The site plan submitted does not meet setback requirements along the southern property line adjacent to the existing apartment building on Westem Avenue (4 feet required and 2.54 provided). The plan submitted aYso does not meet the setback requirements along the eastern property line adjacent to an existing duplex on Marshall Avenue (4 feet required and 0.0 Eeet provided) and the western property line along Western Avenue (4 feet required and 3.89 feet provided). Please note that some of the dimensions in the site plan are not accurate. Aimensions from plat maps maintained by Ramsey County are assumed to be correct, Staff recoaunends that the planning commission grant a modification of the setback requirement to allow a 2.Sa setback along the southem property line adjacent to the existing apartment building on Western Avenue. If the modi£ication is not granted an entire row of parking, 9 spaces, would be eliminated. Staff does not recommend that the planning commission grant a • modification of the setback requirements along the eastern and �(,_ LaoY • Zoning File #96-054 Page Three westem property lines. Instead, staff recommends that the site plan be modiEied to eliminate two parking spaces from the center island area. This will provide the space needed to accommodate the reauired 4-foot setbacks and landscaping along the east and west. Formal approval of a site plan must be obtained before the site can be developed for parking. The applicant submitted a sufficient petition signed by two-thirds of the property owners within one hundred (100) Eeet of the property to be rezoned consenting to the rezoning (i0 parcels eligible, 7 parcels needed, and 7 parcels signed}. In 1987 the City Council approved a lot split with variances for one of the lots proposed for rezoning, Lot 2. There is a duplex on the easterly portion and the westerly portion is vacant. However, that lot split was never recorded with Ramsey County and the current plat map still shows the lot as undivided. While staff supports the rezoning petition, it cannot support the creation of either a split-zoned property or rezoning the duplex to P-1. Therefore, staff provisionally recommends approval of the rezoning provided the lot split from i987 is recorded with Ramsey County, and proof of such recording is submitted to city staff prior to the city council's public hearing on the rezoning petition. If proof of the recording of the lot split is not submitted by that time, staf£ will recommend denial of the rezoning petition when it comes before the city council for public hearing. r 1 CJ The spaces created in this parking lot are not within 300 feet of the property on which W.A. Frost is located. TherefoYe, the spaces in the lot cannot be used for required parking for future expansions of the W.A. Frost property unless a variance is obtained from the Board of Zoning Appeals. The proposed parking lot is located in the Historic Hill District. Therefore, review of the plans for the parking lot by the Heritage Preservation Commission will be required. STAffF RECObIDSSNDATION: Based on findings 1 through 7 staff recommends approval of the rezoning petition to rezone the property from RM-2 to P-1 to allow a parking lot and a modification of the 4 foot setback required from the southern property line adjacent to the existing apartment building along Western Avenue to allow a 2.54 foot setback. • PETITION TO AMEND THE ZONING CODE Department of Planning and Economic Development Zoning SecYion II00 City Hal1 Annex 25 West Fourth Sireet Saint Paul, MN SSIO2 266-6589 APPLICANT � Property � Address �� 3� �"�'ti(' T' � �3 Contact person (if PROPERTY Address/Location NQ LL K�n+EE LOCATION Legal description � ?�►9 �D To �Yr� �EG' 1��1C.{-j�l �9¢1JEY (attach additional sheet if necessary) TO THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant to Section fi�400 of the Saint P �"�° ning Ordinance and to Section 462.357(5) of Minnesota Statues, \��7C-� �� °< �FC'J�S , the owner of al! the land proposed for rezoning, hereby petitions you to re n the above described property from a �h1�-Z zoning district to a { zoning district, for the purpose of: G�,�'RZc.�TI t�L'7 .A �.e�Ki 1� -�T (attach additional sheet(s) if necessa ) Attachments: Required site plan � Consent petition, Subscribed and swom to x r. - . . ,F.�.' before me this %�l� day z;-�''= � y �, . , of�ic��^t��4/ , 19 � % ? _ `' ... %� � u- ary Public Affidavit f�1 �ile no� T��l��itt� c#a�� N�Y ��:��#� ; Fee Page 1 of C� • 3b �(�-(ooY � PETITION TO AMEND THE ZONING CODE Depanment of P[anning and Economic Deve[opment Zoning Seclion 1100 Ciry Hall Anner 25 Wu1 Fourth Street Saint Paul. �K.N 5�102 266-6589 Zbrting afFce use anFy Fiie.no. . �� Fse b ^ 1�'1-:i �-- �l - i � °1� Tsn � ea�ing date APPLICANT � Property Owner L�RA�L��t` K� T� ('4�O�ES Address � 3� �'�' tit " r� � 3 � City �K � St�Zip �� i Daytime phoner(�R iji-3�cC Contact person (if PROPERT'`( I Address/Location� LOCATION � Legal description � [� ., _ addrtronal sheet rf necessary) • C � J TO THE HONORABLE MAYOR AND CITY COUNCiL: Pursuant to Section,S�400 of the Saint P�ul Ordinance and to Section 462.357(5) of Minnesota Statues. �` �� L�� ES , the owner of all the land proposed for rezoning, hereby petitions you to re nez�q the above described property from a _�Z zoning district to a� � � zoning district, for the purpose of: Gp�YT2t,�T! t�-T (atfach addifionai sheet(s) if nec. Attachments: Required site plan -LL ��.�--i � l�T Consent petition � Affidavit � Subscribed and swom to ,,.•.:.s._:.. . before me this �� day <�µ �•._ .. SY � �� , � , _ _ Fee of �/ o�^ca�-d-z�V , 19�. � a� . z �.�, :::. .. _ . .. . .., .� .,.. . - - v:,::� . ,. � Titla� ��hY\,�� ^ �A.1�MM a CHARD T. IGO t tary Pubf� ' N RY PUBIIC-NINNESO7A RAMSEV COUNTY My omT. ExDi�es Ocb 21,1996 Y WVVVWVVb'vVWVVVW� �-��,� �.��3•fy9b �1 ' , � Page 1 of _„ � ' / �-� '� � L �� $� � � � ❑ March 14, 1996 Michael Kraemer City of St. Paul Zoning Section of Planning & Economic Development 25 West Fourth Street St. Paul, MN 55102 Dear Mr. Kraemer I, Marland Mork and my wife Audrey Mork, are still listed as fee owners of Lot 3 Block 80 of the Dayton & Irvine's Addition to St. Paul. We would like to join Bradley Rhodes in his petition to amend the zoning code for this Tand from RM-2 to P-1. Enclosed is a copy of the Rhodes petition which we have reviewed and signed. Thank you for your consideration in this matter. Sincerely, Marland Mork k � ��-�� Audrey Mork � � , � ��,�1� ��v, � � RICNARD T. 1G0 MOTAPY PUBLIC-MINNESOTA R�MSEY COUNTY My Comm. EzD��h OcL 24.19 3 �W�q� ��t�(��7t �ag.E �l0�0 3$ lJ � ERIVEST E. CUTTING, P.A. ATTORNEY AT LAW a�-��o� • 3145 40TH AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55406-2224 KAREN E. KELLY Bookkeeper (6'12) 728-3999 FAX (612) 729-9665 Febmary 13, 1996 Mr. Michael J. Kraemer Department of Planning and Economic Development Zoning Section City of St. Paul 1100 City Hail Annex 25 West Fourth Street St. Paul, MN 55102 RE: Estate of Filemon C. Balbuena All of Lot 4, except the North 88 feet thereof, Block 80, Dayton and Irvine's Addition to the City of St. Paul The South 48 feet of the North 88 feet of Lot 4, Block 80, Dayton and Irvine's Addition to the City of St. Paul C� • The North 40 feet of Lot 4, Block $0, Dayton and Irvine's Addition to the City of St. Paul Deaz Mr. Kraemer: The record fee owner of tl�e above mentioned pazcels at the southeast comer of the intersection of Marshall and Western Avenues in the City of St. Paul is Filemon C. Balbuena. Mr. Balbuena died on December 13, 1986. I was appointed the personal representative of Mr. Balbuena's estate by Ramsey County District Court, Probate Court Division. That estate has not been closed and I have not been discharged as the personal representative because the liquidation of the above premises has not been completed. Mr. Bradley Rhodes has an interest in the above-described premises under a Contract for Deed dated March 7, 1986, filed September 2, 1986, as Document No. 810269 (Torrens) and 2329924 (Abstract). The purpose of this letter is to indicate my approval of the rezoning of the premises for parking and to join in the application on behalf of the estate of Filemon C. Balbuena. 5 � �W'�`M+�/�MI�N.J.nI✓�I�.NW�(.MNJ�AAM Y ��. >�� MkRGARET E. FARtCY �"y� NCTGScY PU3;,IC - MI!3NESOTA � �� RAMSEY COUNTY i+ly Comm�ssron Erp'ves Jyn. 31, 2000 = vv.�vvv�yyvy,�,r • �t;t,�...� ,- :_ �:'�cE'-1 �% � Sin ely your� / Emest E. Cutting �� ...� 39 SUF CHECY SHEET REZONING SGUP NCUY TITIONS FIRST SUbHZTTED DATE PETITION SUBMSTTED: (I' i DATE OFFICZ2LLY RECEIVED: 2 ' ' � PARCELS ELIGIBLE PP.RCELS NEEDED P?.RCEL STGVED )� . 4 � � DATE SUB:SITTED: DATE RECEZVED: RESU$MZ2iED PARCELS ELZGIBLE: YARCELS NEEDED: PARCEI.S SIGNE�: CHECiCED BY: ��/r.G1'.I D�TE: I L •!� �� ZC3I�fNG fiLE °��° C� r1 U • �o �'� -Io�� • CONSENT OF ADJOZNING PROPERTY OWNERS TO REZONING We, the undersigned, owners of the property within 100 feet of the total contiguous description of real estate owned, purchased, or sold by petitior.er within one year preceding the date of this petition, acknowledge that we have been furnished with the following: � 1. A copy of the Petition of / <name of petitioner) 2. A copy of Sections (p(�}. 7Z� through �. 7Z 3, inclusive of the Saint Paul Zoning Code; and I acknowledge that we are aware of all of the uses permitted under a�_ District zoning classification and we are aware that any o£ these uses can be established upon City Gouncil approval of the rezoning; and we hereby consent to the rezoning of the property described in the Petition of (name of peti • to a —��_ ilistr:ct Petition shall not be considered as o£ficially filed until the lapse of seven (7) working days a£ter a petition is received by the Planning Division. Any signator • of any petition may withdraw his/her name therefrom by written request within that time. page _ of _ ��°�� E�.� 6 '� �� GONSENT OF ADJOINZNG PROPERTY OWNERS TO REZONING We, the undersigned, owners of the property within 100 £eet of the total contiguous description of real estate owned, purchased, or sold by petitioner within one year preceding the date of this petition, acknowZedge that we have been £urnished with the following: . / r� LJ �� C J Petition shall not be considered as officially filed until the lapse of seven (7) working days after a petition is received by the Planning Division. Any signator of any petition may withdraw his�her name therefrom by written request within • that time. �� ^, JA �age_of_ �' 4Z. 1. A copy of the Yetition of / (name of petitioner) 2. A copy of Sections (p �. 7Z� through �. 7Z 3, inclusive of ihe Saint Pau1 Zoning Code; and � acknowledge that we are aware of a11 of the uses permitted under a�_ District zoning classification and we are aware that any of these uses can be esiablished upor. City Council approval of the rezoning; and we hereby consent to the rezoning of the property described in the Petition of to a��__ District (name oi petitionerj �t�-�oo� . CONSENT OF ADJOINZNG PROPERTY OWNERS TO REZONING We, the undersigned, owners of the property within 100 feet of the total contiguous description of real estate owned, purchased, or sold by petitioner within one year preceding the date o£ this petition, acknowledge that we hzve been furnished with the following: 1. A copy of the Petition of / (name of petitioner) 2. A copy of Sections �p �. 7Z.( thzough �. 7Z 3, inclusive of the Saint Paul Zoning Code; and ' acknowledge that we are aware of all of the uses permitted under a�_ District zoning classi£ication and we are aware that any of these uses can be established upon City Council approval of the rezoning; and we hereby consent to the rezoning of the property described in the Petition of to a Distric� of petitioner) � � Petition shall not be considered as officially £iled until the lapse of seven (7) • working days after a petition is received by the Planning Division. Any signator of any petition may with his/her name the refrom by written request within that time. page _ of _ � Z�� .� �6•05 � 43 CONSENT OF ADJOINING PROPERTY OWNERS TO REZONZNG We, the undersigned, owners of the property within 100 feet of the total contiguous description of real estate owned, purchased, or sold by petitioner within one year preceding the date of this petition, acknowledge that we have been furnished with the following: r� L_J .`� �s r1 LJ 1. A copy of the Petition of {name of petitioner) 2. A copy of Sections � �. 7z� through �. 7Z 3, inclusive of the Saint Paul Zoning Code; and � acknowZedge that we are aware of all of the uses permitted under a�_ District zoning classification and we are aware that any of these uses can be established upor. City Council approva2 of the rezoning; and we hereby consent to the rezoning of the property described in the Petition of to a I District — — — �--� -- (name of petitioner) Petition shall not be considered as officfaZly £iZed until the lapse of seven (7) working days after a petition is xeceived by the Planning Division. Any signator of any petition may withdraw his er name there£rom by written request within . that time. � ge _ of _ � �� F�� 4 c��_�oor • CONSENT OF ADJOINING PROPERTY OWNERS TO REZONING We, the undersigned, owners of the property within 100 feet of the total contiguous description of real estate owned, purchased, or sold by petitio�er within one year pxeceding the date of this petition, acknowledge that we have been furnished with the following: 1, A copy of the Petition of / (name of petitioner) 2. A copy of Sections �p �. 7z� througn �. 7Z 3 inclusive of the Saint Paul Zoning Code; and � acknowledge that we are aware of all of the uses permitted under a�_ District zoning classification and we are aware that any of these uses can be established upor. City Council approval of the rezoning; and we hereby consent to the rezoning of the propeYty described in the Petition of to a�,_ District (name of petitioner) ��(Sl�� C� Petition shall not be considered as officially £ilad until the lapse o£ seven (7) • working days after a petition is received by the Planning Division. Any signator of any petition may withdraw is er name therefrom bv written request within that time. � s �� (a,�,� �age_of_ t d �, � 't y5 CONSENT OF ADJOINING PROPERTY OWNERS TO REZONZNG We, the undersigned, owners of the property within 100 feet of the toca2 contiguous descziption of real estate owned, purchased, or sold by petitioner within one year preceding the date of this petition, acknowledge that we have been furnished with the fo2:owing: . 1. A copy of the Petition of / (name of petitioner) 2. A copy o£ Sections �p�.7Z� through (p�.7Z3 , inclusive of the Saint PauZ Zoning Code; and � acknowledge that wa are aware of a11 of the uses permitted under a�_ District zoning classification and we are aware that any of these uses can be established upon City Council approval of the rezoning; and we hereby consent to the rezoning of the property described in the Petition of (name of petitioner) ! ' � �y • Petition shall not be considered as officially filed until the lapse of seven (7) working days after a petition is received by the Planning Division. Any signator of any petition may withdraw his er name therefrom by written request within � that time. `�� O p ge_o£ 6 � �ICD to a ��__ District � � SiFTc OF Y.I\?IcSOT:1) a�-� : 55 COJ_7� OP h.=`:SEX ) -� �4ft1✓ �-.r � � , beir.g iirst culy s::o:n, czpo`_s st�tes tnzt he/she is tn person uho circul�ted t'::e Z:itnin pet�C,on ^c co�szr.t, consistin� of es; �� =I '-s in;.orr,�ed �ne bel�eves t.^.ec t9 F�€ p tne parties cescribed a_*e tne o:rners respectivzly oi �nz lo�s laced it��ediately be:ore each na,e, tnzt 2��i��t is in�or�e� ��°i°hlisy::itni.^.�1C0�^ oz tne �:es �'zscribed Fbove is tne o:.�er cf pZOper�y pz_ � ztiCicne• operty o•� ec or purchzsed by pet'-tior.er or so_d by p Seet x`ror_ �ay p: , guocs Lo uitnin or.e (1) jear praced=n� the eztz o_` tnis petitio:� ��icn is cont_ th° pronz=ty cescribec in t:�° petition; thst e:ccept �or none o: tne parties describzc zoove has pu*chzszd or is percn�sin� p'o�zrc;•' fron oetitioaer con�iguous to tne above describec prooe'_�y uitnin o^_ (? ) >'=`= of tne cate o� the petitio�; tnzt this co�sent t�zs signed by eacn ot s�=c he sio;�atures �re t :z t:u= o;.z+.ers ir, thz preseace ot t;is a£iiGnt, 2nd tnat t znd corract S1�AZCL'T25 0`_' e�cn end all o= the pzrties so cescribec. 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F<a ._ . . � ___ -` - -..::.';i� .. ]3J5 .. . .�a....W�,.�.�..� .��.�..�.e..�...�.�..�...� . ,...� 18'�1"lARFGR@ltIlACI3�d'O.C) . .r.�..�. � � � / �� U� � DAITONAVENUE La � MAY-35-96 WED 02:31 r� LJ SUMMTT-liI'�IVERSZTY PLAl*1NTNG GOUNCIL t @27 Sclbv Avenue 1'olophnnr �9$-4855 Monday, Map 13, I997 LIEP 30Q Lc,wry� Pr�fessionat Bultdiczg 35fl St. Peter St. Paul, MN 55102 RE: Fiie # 95-054 - Bradtey tthodes and (3rhers RB20NING - Rezone from 1tM-2 (cesidential) to P-1 to allow the construcdon of a parking lot at the southeast cozner of Marshall and We.tem and extension on Dayton. The Ramsey Hitl ,Association and tk�e Summit University Planning Councli conducted a Communiry Issues meeting on'1'hursday, Ivxay 9, i996. There were a total of22 people in at�endance, '�'hose in atendance were residents from the Saimmit-tTni��ersity neighborhood and lived on both sides of Seiby. Mr. Rupp, awner of W,A, Frost & Co. presented the design ofthe 62 + 14 parknag stal] • parking lot. The pazki¢ag would be a pay lot. The proposal showefl entrance to the patking lot from Matshalt and Daytnn. Thr.re was na fencing proposed. The �arkiag lot wouid be in the historical disMct and as such will have to meet certain guidelines. Mr. Rupp indicaud that l�e woul�l3ikc tu bw'lei the pai'�c'u�g lot t�ils seuner. Two residents at 383 DayKOn Ave. spoke in opposition citing the inCre.ased tsaffic, noise And trach. Mr. Rtipp res�>ondefl saying that he was tryting to move transit trsffic away from the residential area. Two others spoke in favor ofthe proposal as beung a need� COLIlllltitUilllY 1[fIJ17UVBR1eeI![. � Mot3on was moved and secouded •"to accept the pta�n as presented with a stipe�lation that the parking lot desigr� be such that no �atss are used," The r�ote wns 16 for; 3 apposed. The above recomrnendacion wili be discussed at the regularty scheduled SUPC board meeting on Tuesday, May 27, 1996. It is expected tbat the board w�itl support the recommendation - in the absense of svong commtuut} opposition to the proposai. If you have any questions or need fuxther snforn�ation please ca�l rne at 228-1855. Siggere..� �� y� i�eggy Executive Direct4t �� 5�'$i'e:� �6F. C° /_.Q . 1s: rv� E `.. : � � l9 P . 02 �'�� '� � � � i. SLTNRAY-BATTLECREEK-HIGHWOOD 2. HAZEL PARK HADEN-PROSPERTTY HILLCREST 3. WEST SIDE , 4. DAYTON'S BLUFF 5. PAYNE-PHALEN 6. NORTH END 7. -UNtVERST£Y 9. WEST SEVENi'H 10. COMO 11. HAMLINE-NIIDWAY 12. ST. ANTHONY PARK 13. MERRIAM PARK LEXINGTON HAMT,INE-SNELLING HAMLINE 14. MACALESTER GROVEI,AND 15. IiFGHLAND 16. SUMMTT HILL 17. DOWNI'OWN ZONING FILE 9 G - os c � � CITiZEN PARTIC`BATION PT.ANNING DISTRICI'S �� d a�_1� a J C� SUMMIT-UNIVERSITY M.Y � � ! �'O�� - • � ��`'��a�� '�� 96 "�� - - - �----� � ; - r ---- ; --, ��,�I��i�� C �e�-s� � � � IS i3 O Q � n l2 1? a II m •� � m m '"� � • � �� 16 O n' � C � � `, �o � APPLICANT�/r'"p'�� • T'�Q� LEGEND PURPOSE �� w�'2 �' �' � �� zoningdistrictboundary FILE # �` w � ` DATE � • �` � rO � subject property n�' � '� • PLNG. DIST._�_. MAP # � o one famiiy •�^ commerciai � ¢ twofami}y � a� indusirial �', SCALE 1" = 400' � � f,�¢ Q muitiple famity V vacant � CHRIST HOUS£Fi0t.0 oF vairw �