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96-757� �-: ( Council File # � � J � �� s�::�I�L Ordinance # Green SheeC # 3 3 1 � to ORDINANCE CITY OF SAINT PAUL, MINNESOTA 19 v� Presented By ��/� O/ ..1�� 1 2 , � 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 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, CLINT DOBRATZ duly petitioned to rezone 2350 TERRITORIAL ROAD, legally described in the file, from RM-3 to B-3 to allow a building addifion with loading dock on Charles Avenue, the petition having been certified by the Planning Division on April 12, 1996 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 properry situated within 100 feet of the total conriguous property within one yeaz pr. the date of the petition; and WHEREAS, The Zoning Committee of the Planning Commission held a public heazing on May 16, 1996, for the purpose of considering the rezoning petition, and pursuant to §107.03 of the Administrative Code, submitted its recommendation to the Planning Commission that the peution be granted; and WHEREAS, The Planning Commission considered the rezoning petition at its meeting held on May 24, 1996 and recommended that the City Council approve the petition; and WHEREAS, notice of public hearing before the City Council on the said rezoning perition was duly published in the official newspaper of the City on May 30, 1996 and notices were duly mailed to each owner of affected property and properry situated whoily or partly within 350 feet of the property sought to be rezoned; and WI3EREAS, a public hearing before the City Council having been conducted on June 12, 1996, where all interested parties were heard, the Council having 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 Paui, Sheet Number 9, as incorporated by reference in §60301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That properry with the address of 2350 TERRITORIAL ROAD, being more particularly described in the file, be and is hereby rezoned from RM-3 to B-3. 42 4� 44 45 Section 2. "1�'" ls 1. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. �IGI(�J�I PUBLfSHED AUG 101996 Adopted by Council: Date Adoption Certified by Council Sb.tjretary By: � a Approved by ayo : D-e� y t 7!s By: lQ- Requested by Department of: Pla & Economic Develo ment g�, ' ��L��'�'lGz-� J Form Approved by City Attorney B �.- � ��.��/ Approved b�for Submission to Council $Y= //" � C� (��/r�-'�lJ 9�-�S'7 DEPARTMENT/OFFICE/COUNCIL DATEINRIA7ED N� 331 16 � o6�i3i96 GREEN SHEE _ - INRIAVDATE INITIAL/DATE CANTACT PEXSON & PNONE � DEPAiiTMEM DIRECTOR � CRY CAUNCIL ASSIGN � CffY ATTOfiNEY �� L�/Y � CITY CLERK MUST BE G011Nql AGENDA BY (DAT� POUTING� �110GET OIflECiOA O FIN. & MGL SERVICES Ofq. ORCEN MAYOfl (OR ASSISTANi1 m ke� rd TOTAL # OF SIGNATURE PAGES i (CLIP ALL LOCATIONS FOR SIGNATURE) ACf10N REQUESTED: Adopt ordinance to finalize council approval of a pefition of CLINT DOBRATZ to rezone properiy located at 2350 Territorial Road from RM-3 to B-3 (puhlic hearing held June 12, 1996). RE Apprare (A) or Reject (p) pERSONAL SERVICE CONTRACTS MUST ANSWER TXE FOLLOWiNG �UESTIONS: J`� PLANNING CqMMiSSION _ CIVIL SEFV�CE COMMISSION 1. Has tt�is persoNfirm ever worketl under a contract tor this deparbneM? CIB COMMRTEE VES NO � S7APF _ 2. Has this person/firm e�er been a city employee? YES NO _ DISTFICi COUR7 _ 3. Does this person/firm ssess a sl�ll not normall po y possessetl by any current ciry employee? SUPPoRTSWHICHCOUNCILO&IECTiVE7 YES NO Explafn all yea answers on separate sheet end attach to green sheet �GDV�.ovwi C �e��4.�� INITIATING PROBLEM, ISSUE, OPPOftTUNITY (Who. What, When, Wlrere, Why): Finalize council approval of a petition of CLINT DOBRATZ to rezone property at 2350 Territorial Road from RM-3 to B-3 to allow a building addition with loading dock on Charles Avenue (public heazing held June 12, 1996). �^ Y YE� ADVANTAGES IF APPROVED' �UN 14 1996 _��`�€�`� �grB�'€ !3� \ DISADVANTAGESIFAPPROVED: `�+" z j��'w� �„'i �.�':�j i�;�3�t.''�..�-�n'�.;.'a w cF�1S'Y �`e ��:iQ ��#Ae�? �,�f E�Yli6.�+� 7 � -� � �3 �. �� r ,e °� ` �� "�� t; f � v . � �a t '�. Ye�' aV � <s. t rce � � F , ,� � � l� ii"' DISADVANTAGES IF NOTAPPROVED: � - � TOTAL AMOUNT OFTRANSAC710N S COST/REVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDINCa SOURCE AC7IVITY NUMBER FINANCIAL INFORMATION: (E%PLAIN) DEPAR"I'MENT OF PLANNING & ECONOMIC DEVELOPMENT � � -'l 5 �1 CITY OF SAI1�1T PAUL Norm Cofeman, Mayor May 28, 1996 Ms. Nancy Anderson City Council Reseazch Office Room 310 CiTy Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Division of Plwv:mg 25 West Fourth Sbeet Saint Paul, MN 55702 Te7ephone: 612-266-6565 Facsimile: 612-228-3314 I would like to confirm that a public heazing before the City Council is scheduled for Wednesday June 12, 1996 for the following zoning case: Applicant: CLINT DOBRATZ File Number: #96-075 Purpose: Rezone property from RM-3 (residential multiple family) to B-3 (general business) to allow a building addition with loading dock on Charles Avenue. Address: 2350 Territorial Road (south side between Raymond & Charles) Legal Description of Property: See file. Previous Action: Planning Commission Recommendation: Approval, vote: 15-0, 5/24/96 Zoning Committee Recommendation: Approval, vote: 6-0, 5/16/96 My understanding is that this public heazing request will appear on the agenda for the June 5, 1996 City Council meeting 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 �� Kady Dadlez CiTy Planner Zoning Section cc: File #96-075 Mike Kraemer Donna Sanders � . �OTIC_E OF;.PiT-BLIG� BEARING - .. . - - , The Saint Paul City Couacit-wilt conducLa public heazing an. Wgtlnesday,, ' dune Y2, � 1996-: at= 4:30 � g..m. in the C3tX , Couucil .Cham`�iexs:. �Floor,. " City-i�i"a31,�fo consiflei tlre applicarion-of-Clint Dobratz to i�ezone pro.pei-Ep. froq{ ' AM3 (residential multiple family) fo B-3 (general bue3ness� to allow a buffdin�_ , - addition with loading dock on Gharles Avenne at 2350 Territorial Road. (south - ,side�be.tween.Raymond Avenue and Chazles Avenue) , _ - , , - DaYed: Ma3�_28, t99S: .: �, � - � �� ' 1�7ANCY ANDERSON z- ^-�-- ' ` � " . . - _. . _ _ . ,. , , � � Asslstant Cify Covnrid-Secteks`Fy �"'"= � = , - � : , � ._ . . , , w ',..' -', ,-B � 9FiY ��..�:...4.., „A. __ .,_.�.. K� d g� °^. DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT � � � 1 S � CTI'Y OF SAINT PAUL Norm Coleman, Mayor June 3, 1996 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #96-075: CLINT DOBRATZ Ciry Council Heazing: June 12, 1996 Division ofPlanning 25 WestFourth Sneef Telephone: 672-166-6565 Saini Poul, MN 55102 Facsimile: 671-728-3374 PURPOSE: To consider rezoning property at 2350 Territorial Road (south side between Raymond & Carleton) from RM-3 to B-3 to allow a building addition with loading dock on Charles Avenue. PLANNING COMMISSION RECOMMENDATION APPROVAL • ZONING COMMITTEE RECOMMENDATTON: APPROVAL STAFF RECOMMENDATION APPROVAL SUPPORT: The St. Anthony Pazk Community Council supports the rezoning petition. OPPOSITION: None. Dear Ms. Anderson: • CLINT DOBRATZ submitted a petition to rezone property at 2350 Territorial Road. The Zoning Committee of the Planning Commission held a public hearing on the proposed rezoning on May 16, 1996. The applicant addressed the committee. At the close of the public heazing, the committee voted 6-0 to recommend approval to rezone to B-3. The Planning Commission upheld the Zoning Committee's recommendation for approval on a vote of 15-0 on May 24, 1996. This proposed reaoning is scheduled to be heazd by the City Council on June 12, 1996. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, �nF� Planning Administrator KF:kd Attachments ca City Councilmembers � city of saint pau! plann�ng commission resolutron file number 96-2� �te Mav 24, 1996 a � -�s� WHEREAS, CLINT DOBRATZ, file #96-075 has petitioned to rezone 2350 TERRITORIAL ROAD, situated on the south side of the street between Raymond and Cazleton, from RM-3 to B-3, as a condition of the Boazd of Zoning Appeals granting a variance to use Charles Avenue public right-of-way as maneuvering space for access to a new loading dock; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on May 16, 1996, at which ail 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 I.egislative Code; and WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to iu Zoning Committee at the public hearing, as substantially reflected in ffie minutes, made the foliowing findings of fact: • 1. The applicant owns the property and has been operating his wholesale distributor business from this location since 1992. This a legai nonconforming use. The applicant handles burglar and fre alarms and closed-circuit television equipment. He currently uses a loading dock that is accessed from Territorial Road. However, he would like to construct an addition io the southem end of the building and relocate the loading dock to this location with access from Chazles Avenue. This would decrease the amount of truck traffic on Territorial Road generated by the business and thus be an improvement for the residents on the north side of Territorial Road. The applicant adds that he intends to install a significant amount of landscaping along Territorial Road once the loading dock is relocated to Charles Avenue. To carry out these plans the applicant needed a variance from the Board of Zoning Appeals to aIlow the use of Charles Avenue public right-of-way as maneuvering space for access to the new loading dock. The variance was approved with two conditions. One of the conditions was that tfie applicant either rezone his property to make it a conforming use or obtain an expansion of nonconforming use permit from the planning cotnmission. The applicant cfiose to pursue the rezoning, tfie reason for the current application. The second condition states that as soon as the new loading dock is finished, all maneuvering associated with loading activities on Territorial Roaii must be moved by �rton seconded by � in favor Unan�� against 3 Zoning File #96-075 Page Two of Resolution discontinued. The applicant states that two or three semi-trailers come to the site each week and that a UPS uuck comes twice per day. There are nine full-time employees and the hours of operation aze 7:30 a.m. to 5:00 p.m., Monday through Friday. 2. The proposed rezoning is in conformansp with the comprehensive plan. The agplicanYs propercy is contiguous to land to the south and west currenfly zoned B3. The South St. Anthony Small Area Plan, 1992, recommended some areas be rezoned to make zoning more consistent with land use. Wtule the applicant's property was not recommended for rezoning at the time in the small area plan, none of the glan's policy statements about zoning and land use indicate opposition to the rezoning. � Goals and visions in the South St. Anihony Small Area Plan include: 1) add to and maintain residential areas; 2) insure a viable, well-maintained industrial and commerciai area; and 3) retain and enhance the warehouse district character. p.4. One of the Land Use and Redevelopment recommendations states, "emphasize adaptive reuse of existing buildings rather than wholesale clearance and redevelopment, although selective clearance of buIldings may be appropriate" p.6. • Goals and policies of the Economic Development Strategy include the following: 1) retain and expand existing husiness base and pursue new job formation with an emphasis on businesses which create new producu/services, use new processes and/or reach new markets, #1 p. 13; 2) the city should periodically review its zoning regulations and amend them as necessary to keep current with technological and economic changes affecting the nature of business activiry, �{29, p.18; and 3) the city should focus special attention on retention and expansion of small businesses in neighborhood redevelopment efforts, consistent with neighborhood development plans, #33, p.18. 3. T'he proposed rezoning is consistent and compatible with the way the azea has developed and will not have an adverse unpact on surrounding property. The property has been used for commercial purposes for many years and is contiguous to land zoned B-3. The Citizen Service O�ce has not received any complaints about the use of the property. The applicanYs plans to relocate the loading dock to Charles Avenue should reduce truck traffic on Temtorial Road and thus be an imgrovement for residents on the north side of the street. The increased landscaping along Territorial Road will improve the appearance of the property as well. In addition, one of the conditions of the variance granted by the Boazd of Zoning Appeals to allow maneuvering in the public right-of- • way states that as soon as the new loading dock is finished, all maneuvering associated with loading activities on Territorial Road must be discontinued. � • Zoning File #�96-075 Page Three of Resolution a�-�,5� 4. While the current zoning allows the use as a legal nonconforming use, the applicant cannot make the desired 'unprovements to the property without either a nonconforming use permit from the planning commission or rezoning the properry to make the use conforming. The property fias been used for commercial purposes for many years and is surrounded by industriat and commercial uses to the south, east, an@ wesi. The use of the property is likely to remain commercial for the foreseeable future. Rezoning the property makes the zoning consistent with the current land use and also provides the appiicant greater flexibility in use of the property. 5. T'he appiicant submitted a sufficient petition signed by two-thirds of the properry owners within one hundred (100) feet of the property to be rezoned consenting to the rezoning (20 parcels eligible, 14 parcels needed, and 15 parcels signed). NOW, THEREFORE, $E IT RFSOLVED, by the Saint Paul Planning Commission that the petition of CLINT DOBRATZ to rezone property at 2350 TERRITORIAL ROAD, more particularly described in the file, from an RM-3 zoning classification to a B-3 zoning classification is consistent with the Comprehensive Pian for the City; and BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby • recommend to the Council of the City of Saint Paul that property Iocated at 2350 TERRITORIAL ROAD be rezoned from RM-3 to B-3 in accordance with the petition for rezoning on file with the Saint Paul Planning Division. • 5 Planning Commission of Saint Paul City HaII Conference Center 15 West Keliogg Bouievard Saint Paul, Minnesota 55102 A meeting of the Planning Commission of the City of Saint Paul was held Friday, May 24, 1996, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Present: Commissioners Absent: Mmes. Faricy, Geisser, Lund-Johnson, Maddo�c, Morton, Treichet, and Wencl, and Messrs. Field Jr., Gordon, Gumey, Kramer, Lee, Mazdell, McDonell, and Schwichtenberg. Mmes. Belair, Carter, and Messrs. *Chavez, *Sharpe, and #Vaught. •Excused Also Present: Ken Ford, Planning Administrator, Jean Birkholz, Kady Dadlez, Allen Lovejoy, Roger Ryan, Lazry Soderholm, and Lucy Thompson of the Planning Staff. I. Approval oF Minutes of May 10, 1996 Commissioner Field asked that the minutes of May ] Oth be more reflective of his explanation for the amendments he proposed regazding the Saint Paul Port Authority resolution. Staff agreed to comp]y with his request providing the tape is cleaz enough to adequately recapture the sense of discussion at that rime. ��te . . �raszztar� ap�ro�mg ��m�t�s of3via� ID; I4�6; car��d +�,�+++�;�� an � x� vcxce: II. Chair's Announcements - Chair McDonetl announced the resignarion of Dan Riehle. - Visitors from the City af George in the Union of South A&ica will be ow guests today; they are here for two months studying city government. - Reports from Steering Committee meeting: - Commissioner TreichePs job of convening a graup from the Cifies At Work project. - Skyway System: Pam Wheelock's discussion on policy and the broader pedestrian access issues, and the Planning Commission's role in the future of the Skyway System. - At the next Planning Commission meering, June 14, staff will report on the futl range of activities and issues being addressed by a diverse number of groups in downtown Saint Paul, ranging from studies being undertaken on Rice Pazk to Capital City Partnership - Pam Wheelock was asked to retum to a Planning Commission meeting to discuss PED priorities and objectives. � • C� � w G -�s � • III. Planning Administrator's Announcements Mr. Ford announced ffiat the new PED director, Pam Wheelock, is intensely interested in making sure thaY PED's various divisions know what each other is doing and are working together effectively; and also that various City departments know what each other is doing and working together effectively. Metropolitan "Growth Options": a series of four public meetings aze undenvay; the two meetings that aze left aze scheduled for May 29, 7-9 p.m. in Appie Valley; and May 30 in Shoreview. At this week's meeting, Mary Anderson, the Mayor of Golden Valley suggested to representarives of centrat city interests, that we attend the suburban meetings in order to hear each other. Mayor Anderson said they hear very different messages from different parts of the region. A series of community focus groups, June I], ]2, and I3, 1996, to discuss metropolitan development options: brochure has been distributed. One is specifically intended for Planning Commissioners, 7-9 p.m., Tuesday June 11. Mr. Ford encoutaged good representation from the Planning Commission. Mr. Lovejoy assured the Commission that the joint committees' (Comprehensive Planning/Economic Development and Neighborhood Pianning/Land Use Committees} recommendation would be ready by June 11. IV. Zoning #96-065 Tv Duv Pham - Rezone the property from RT-1 to P-1 to allow additional pazking for the property at 441 University Ave (436 Sherbume Ave and 498 Arundel St) • �Q'TI�N: Cti�n�iss�oner ivtarWn inoved'a�iprAVa� i�f tAe.reque�#� rezQning' ft�n RT-1 t� t*-1 i�z :ai3ow �c#ditio€�t parkang fur the pre�zerty at�t4i:i3nlver@ity Av�iue. Commissioner Field announced that he was not present at the last Zoning Committee meeting. For the record, he said that he thinks a pazking lot is appropriate for this property. However, he is concerned about parking along University Avenue encroaching into the neighborhood. He feels that a lot split is in order. He thinks he will vote in opposition. Commissioner Schwichtenberg stated that he appreciates Commissioner Field's comments. In the Frogtown Small Area Plan there is concem for the pazking demands of University Avenue encroaching onto Sherburne. He said he will also oppose the rezoning, and encouraged the owner to seek the appropriate lot split. Commissioner Gordon asked Yhe Zoning Committee, in Commissioner Vaught's absence, Yo explain his opposition. Commissioner Morton deferred to Commissioner Field. Commissioner Field said he spoke with Commissioner Vaught; they both agree that the pazking is necessary and vital there, but a lot split may have been a better way to deal with the issue. • Commissioner Kramer reported that his recollection was that if that lot were split in the aforementioned configuration, and were someone to want to build a house there, they would be required to go through a variance procedure. He added that at least now, there would be green space. Commissioner Morton stated that the lot is 40' x 47', a very smalt lot to be left there. � Mr. Ford asked Mr. Soderholm if the plan was consistent with plans for University Avenue. Mr. Soderholm responded that when the University-United Plan was reviewed by the Planning Commission in 1990 the commission developed guidelines for when it would be acceptabie to extend University Avenue pazking to Sherburne. Ms. Dadlez stated that when the Planning Commission reviewed the University Avenue Corridor Study in 1990, and recommended that it be adopted as part of the Comprehensive Plan, it was determined that parking e�ansions onto the south side of Sherbume would be supported if they were east of St. A3bans Street. Parking expansions should be considered on a case-by-case basis. Commissioner Schwichtenberg asked commissioners to oppose this request and ask for the lot split. He understands that the residual pazcel is not buildable and would probably not receive a variance to build. Commissioner Treichel asked if the HRA owned the property; she is concemed about the progerty being on the taY rolls. Mr. Ryan responded that the HRA land is a thin lot witla frontage on Arundel and is parallel to the alley; the applicant's property is L-shaped, at the comer of Arundel and Sherburne. Mr. Ryan added that one of the reasons why staff recommended against splitting off the northem part of the lot is because it wou3d be more expensive: 1) a variance is needed; 2) an application for a lot split is needed; and 3) a survey of the property is also necessary. Also, a future owner may allow the lot to go ta�c-forfeit if it is unbuildable. Commissioner Field now concYuded that he would support the mopon to approve the rezoning. T#�e �iai�an <m �te �Ias�s c��d xm � va�e� v�te (:�w�c��< #96-075 Clint Dobratz - Rezone the property from RM-3 (multiple-family residenrial) to B-3 (general business). Rezoning the property is required as a condition of the Board of Zoning Appeals granting a variance to use Chazles Ave public right-of-way as maneuvering space for access to a new loading dock (2350 Territorial Ave). #96-080 �er America - Special condition use permit to allow redevelopment of an existing auto convenience mazket (]580 Ford Parkway; zoned B-2). � • n U � q�-�1s�. • r1 LJ • PRESENT ABSII.*P : MINDTES Ofi TSE 20NZNG COlR+IITTEE CITY COIR�CIL CHAAffiIILS, SAINT PAIIL, MINNESOTA ON MAY 16, 1996 Mmes. Morton and wencl; Messrs. Chavez, Gurney, Kramer and Vaught of the Zoning Committee; Mr. y7arner, Assistaat City Attorney; i�hnes. Dadlez and Sanders aad Mr. Ryan of the Planaing Division. Faricy, excused Field Time: 3:45 - 3:50 p.m. The meeting was chaired by Gladys Morton, Chairperson. #96-075; Rezonina. Rezone the property from RM-3 (residential) to B-3 (general business). Rezoning the property is required as a condition of the Board of Zoning Appeals granting a variance to use Charles Avenue public right-of-way as maneuvering space for access to a new loading dock. Kady Dadlez, Planning Division staff, reviewed the staff report and greaented slides. Staff reeoimnended approval of the rezoning petition based on findings 1 through 5 of the staff report. The St. Anthony Park Community Council voted to support the rezoaing petition. The applicant, Mr. Dobratz, was present at the meeting. Coammiseioaer 9tencl moved approval of tha rezoaiag. Commisaioaer Vaught saconded the motioa. The motion carriad oa a voica noia of 6 to 0. Submitted by: Kad� le� z � 0 Approved by: Gladys Morton Chairperson 23 ZONING COaIIQITT88 STAFF RSPORT • _____________� F2L8 # 96-075 1. APPLICEN'P: CLINT DOBRATZ DATB OF ABARING: OS/16/96 2. CLASSIFICATION: Rezoning 3. IACATION: 2350 TERRITORIAL ROAD (south side between Raymond & Carleton) 4. PLANliITiG DISTRICT: 12 S. LBGAL DBSCRIPTION: see file 6. PRBS&NT 20NTNG: RM-3 ZON2NG CODS RSFSRBNCE: §64.400 7. STAFF INVSSTIGATION AND RBPORT: DATB: 5/9/96 BY: Kady Dadlez 6. DATB RSCEIVSD: 0§j12/96 DBADLINB FOR ACTSON: b/1Of96 _______�_____________________�___ � 3 C 5 p _ ___ ______ A. PIIRPOSB: Rezone property from RM-3 to B-3. Rezoning the property is required as a condition of the Board of Zoning Appeals� granting a variance to use Charles Avenue public right-of-way as maneuvering space for access to a new loading dock £or the applicant's business. B. PARCSL SxZB: The irregularly shaped parcel has about 300 feet of frontage on Territorial Road and 290 feet of frontage on Charles Avenue • for a total lot area of approximately 30,400 square feet. C. BXiSTING LAND IISB: The property is occupied by a single story commercial building used for warehouse/office uses and off-street parking. The property slopes down from Territorial Road to Charles Avenue with a change in grade of about 10 feet. Previously the American Legion site. D. 3IIxROIINDING LAND IISE: The property is surrounded on the north by medium to high density apartments in RM-2 and RM-3 zones and on the east, south, and west by commercial and industrial uses in RM-3, B-3 and I-1 zones. E. ZONING CODE CITATION: Section 64.900(a) states in part, "the council may, from 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 plaaning coimnission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed. " Section 6a.400(bl states in part, "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 property to be rezoned." F. HISTORY/DISCRSSION: There are two previous zoning cases concerning this property. A case from 197a involves a permit request for a 2A-stall parking lot which was approved. The case from 1995 involves a variance request to allow use of Charles Avenue public right-of-way as maneuvering space for access to a new loading dock for the applicant's business. One of the conditions of the Board of Zoning Appeals approval of the variance • was that the applicant either rezone the property or the applicant obtain a permit from the Planning Commission for the loading dock expansion, �a zi ac.-�s� • Zoning File �96-075 Page Two since the use is a legal nonconforming use. DISTRIC2 COIINCIL RSCOt�AffiNDATION: The St. Anthony Park Community Council voted to ssspport the rezoning petition. H. FINDINGS• The applicant owtzs Che property and has been operating his wholesale distributor business from this location since 1992. This a legal nonconforming use. The applicant handles burglar and fire alarms and closed-circuit teZevision equipment. He currently uses a loading dock that is accessed from Territoria2 Road. However, he would like to construct an addition to the southern end of the building and relocate the loading dock to this location with access from Charles Avenue. This would decrease the amount of truck traffic on Territorial Road generated by the business and thus be an improvement for the residents on the north side of Territorial Road. The applicant adds that he intends to install a significant amount of landscaping along Territorial Road once the loading dock is relocated to Charles Avenue. � To carry out these plans the applicant needed a variance from the soard of Zoning AppeaSs to allow the use of Charles Avenue public right-of-way as maneuvering space for access to the new loading dock. The variance was approved with two conditions. One of the conditions was that the applicant either rezone his property to make it a conforming use or obtain an expansion of nonconforming use permit from the planning commission. The applicant chose to pursue the rezoning, the reason for the current application. The second condition states that as soon as the new loading dock is finished, all maneuvering associated with loading activities on Territorial Road must be discontinued. The applicant states that two or three semi-trailers come to the site each week and that a UPS truck comes twice per day. There are nine full-time employees and the hours of operaLion are 7:30 a.m. to 5:00 p.m., Monday through Friday. The proposed rezoning is in conformance with the comprehensive plan. The applicant's property is contiguous to land to the south and west currently zoned B-3. The South St. Anthony Small Area Plan, 1992, recommended some areas be rezoned to make zoning more consistent with land use. While the applicant's property was not recommended for rezoning at the time in the small area plan, none of the plan's policy statements about zoning and land use indicate opposition to the rezoning. Goals and visions in the South St. Anthony Small Area Plan include: 1) add to and maintain residential areas; 2) insure a viable, well- maintained industrial and commercial area; and 3) retain and enhance the warehouse district character. p.4. One o£ the Land Use and Redevelopment recommendations states, "emphasize adaptive reuse of existing buildings rather than wholesale clearance and re@evelopment, although selective clearance of buildings may be appropriate" p.6. • Goals and policies of the Economic Development Strategy include the following: 1? retain and expand existing business base and pursue new job £ormation with an emphasis on businesses which create new products/services, use new processes and/or reach new markets, #1 p. 13; 2) the city should periodicaZly review its zoning regulations and amend them as necessary to keep current with techno2ogical and economic changes aftecting the natssre of business activity, #29, p.18; t� ZZ Zoning File #96-075 Page Three and 3) the city should focus special attention on retention and expansion of small businesses in neighborhood redevelogmenC efforts, consistent with neighborhood development plans, #33, p.18. The proposed rezoning is consistent and compatibZe with the way the area has developed and will aot have aa adverse impact on surrounding property. The property has been used for commercial purposes for many years and is contiguous to land zoned 8-3. The Citizen Service Office has not received any complaints aUout the use of the property. The applicant's plans to relocate the loading dock to Charles Avenue should reduce truck traffic on Territorial Road and thus be an improvement for residents on the north side of the street. The increased landscaping along Territorial Road will improve the appearance of the property as well. Ia addition, one of the conditions of the variance granted by the Board of Zoning Appeals to allow maneuvering in the public right-of-way states that as soon as the new loading dock is finished, all maneuvering associated with loading activities on Territorial Road must be discontinued. � While the current zoning allows the use as a legal nonconforming use, the applicant cannot make the desired improvements to the property without either a noncon£orming use permit from the planning commission or rezoning the property to make the use con£orming. The property has been used for commercial purposes £oi many years and is surrounded by industrial and commercial uses to the south, east, and west. The use of the property is_likely to remain commercial £or the £oreseeable • future. Rezoning the praperty makes the zoning consistent with the current land use and also provides the applicant greater flexibility in use of the property. The applicant submitted a sufficient petition signed by two-thirds of the property owners within one hundred (100) feet of the property to be rezoned consenting to the rezoning (20 parcels eligible, 14 parcels needed, and 15 parcels signed). STAFF RBCOI+B�NDATION: Based on findings 1 through 5 staff recommends approval of the rezoning petition. LJ 12 �3 �i L-�s�7 C� • PETiTtON TO AMEND Tt-IE 20NING CODE Department of Planning and Economic Development Zoning Section II00 Ciry Hall.4nnex 25 West Fourih Street Saint Paul, MN SS102 266-6589 APPLICANT PRdPERTY LOCATfON Zotttng o�t'rc use anEy _ E�le no b 6 �J Fee I3 1��-- .°. `f�ntative °heanng rfafe _. �� . �� "-' + Property Owner,� AdCI(BSS,�' 2� al pnarl City st. Paut St�,Zip ��l�a Daytime phone Fa�-ros� Contact person (if different) Same Address/Location 2350 Territoriai Road, St. Paui, MN Legal description See attached sheet (attach addifional sheet if necessary) TO THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, Ciint Dobratz , the owner of ail the land proposed for rezoning, hereby petitions you to rezone the above described property from a RM-3 zoning district to a R-� zoning district, for the purpose of: Meeting the reouirements of the Board of Zoning appea)s variance approved dated 11/13/95, which required rezoning as a condition of granting the variance. Zoning File Number: 95-243. Resolution attached. • (atfach additionai sheef(s) if necessary) Attachments: Required site plan O Consent petition ❑ Subscribed and swom to before me this '� day of YYYv�-c�l-� , 19� �, �3 ,,...r,.Y...�.,__._,.:, � ,...? Notary Pubi �,�� t'�`�; ��_,S M�f;`��. 3 � o �' �` J t �.as• ,�y.w3 A�davit ❑ Fee owner of property Title: � w �_ Page 1 of Z� e • I:isY/T�7►11►�(!1 FIRST SUBMITTED SCL3P DATE PETITION SUBMITTED: ' `' 1� DATE OFFICIALLY RECEIVED: � � �Z " � PARCELS ELIGIBLE: � � NCUP RESUBMITfED DATE PETITION RESUBMITTED: DATE OFFICIALLY RECEIVED: PARCELS ELIGIBLE: PARCELS REQUIRED: I� PARCELS REQUIRED: PARCELS SIGNED: � v PARCELS SIGNED: CHECKED BY: DATE: �ZONING FILE q� U • �� q�-'1s� CONSENT OF AD30ZNING YROPERTY 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 have been furnished w3th the foZlowing: . 1. A copy of the Petitioa of Clint DobratZ (name of petitioner) 2. A copy of Sections 60.467-63 through 60�541-45 , inclusive of the Saint Paul Zoning Code; and acknowledge that we are aware of all of the uses permitted under a B-3 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 Clint Dobratz to a B-3 District (name of petitioner) �r .� -� ; �2 . �_; � � ;.: •. �� F v � `_ . • ;� � 7� ��. ZONING FILE ��.�� ts �� 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 o£ any petition may withdzaw his/her name there£rom by written request within that time. page_of_ Mq(: ��r� OG T IlU 1�:`.�. r 1 a e Du i � cicr a AL��'� �KLJUCT$ T�Ls'_ Yar ?$'9; CON56NT OF ADJOI�ZNG HHOFERFY O:R7F.RS ^•0 RFZONINC r.��i i2:01 hq.006 �.G2 We, ths ur.daTaigncd, osmers of tt�s prnpccry within 10, feet of tha Local cor.tigneus dPOr.riptten of rea2 escace ovne�, pucdaxsed, or so.d by pceicioner xi�h�n one year yreccding che date of t!�io fseittcn, acknovlAdge t�et r:a have bcon furniahad vith thr fa).toving: • 1. A tOpy of tho Rotit:ar o£ ��tn "" (cia�an o£ pctioicne:) 2. A copy' af Scctior.s b� .�6 1- 5 3 througt� 6fl .5ati-a5 , lnclusive o: cC:e S�inr_ pe:�l. 2oning Code{ ar+d acknoc:ledgn trac re az'r avare of all o{ tbo usaa ysrn�!tced undsr a B-3 Diotriet aonir.g elassf.fie¢tion aztd se ere awure �t�at any of tt:ese usos eaa b� lSteblished upOn CSCy Gauneil approval cf cho rezoni*g; sr.d v� hezeby eor.sent to ehe rotoning of t2+• psop¢rCy �'�Px�sibod in Che Petiticn of �1{nt Dobratz 'to a 8•? _ Discz:ot (name of petitianer) � � � • Pottcion ehall not be consideted as ofticlally :ilad until tho :apre of teven (�) wntking day9 8fCeT 11 pa�it:an 1� reccived by the Plsr.ning �ilGtenntequcOt�vSn.thin af eny pctitien may v3.tl�dr.sv hix/i�6t rit+o thtYef.OA by � ao^a � _ ther. ti.me. � ZONING F1LE b�o�s� � r, � � � 6 Z-� a c.-�s� CONSENT OF ADJOZNING PROPERTY OWNERS TQ REZONING i Ue, the undersigned, owners of the property within 100 feet of the tocal contiguous description of real estate owned, purchased, ar sold by petitioner within one year preceding the date o£ this petition, acknowledge that we have been furnished with the following: . 1. A copy of the Petition of Ctint Dobrdtz (name of petitioner) 2. A capy of Sections 60.46]-63 thzough 60:541-45 , inclusive of the Saint Paul Zoning Code; and acknowledge that we are aware of all of the uses permitted under a 8-3 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 Clint Dobt'dtz to a B-3 District {name of petitioner) �` 2 ,� i� n � Petition shall not be considered as officia2ly fiZed until the Zapse 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, page , of ZUNii�G FILE �a�s � . �� z� CONSENT OF AATOINING PROPERTY Oi7NERS TO REZONING . Ae, the undersigned, oaners of the property within 100 feet of the total contiguous description of real estate owned, puzchased, or sold by petitioner within one year preceding the date of this petition, aclrnowledge that We have been furnished with the following: • 1. A copy of the Petition of Clint DobratZ (name of petitioner) 2, A copy of Sections b0.461-63 through b0:541-45 , inclusive o£ the Saint Paul 2onfng Code; and acknowledge that we are aware of all of the uses permitted under a g-3 District zoning classifieation and ve 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 Clint DobrdtZ "to a B-3 ➢istrict (name of petitioner) c� �y �, u Petition shall not be eonsidered as officially filed until the lapse of seven (7) Working days after a petitian is zeceived by the Planning Division. Any signator • o£ any petition may withdraw hisfhez name therefrom by written request within page _ of that time. — Zt3�ING FtLE � � � zR a�-�s� • CONSENT OF ADJOINING PROPERTY 041NERS TO REZONING We, the undersigned, ovners of the property within 100 feet of the total contiguous description of real esLate owned, purchased, or sold by petitioner within one year preceding the date of this petition, acknoxledge that we have been furnished with the following: • 1. A copy of the Petition o£ Clint Dobratz (name of petitioner) 2. A copy of Sections 60.46i-63 thzough 60:541-45 , inclusive of the Saint Paul Zoning Code; and acknowledge that we sre aware of a7.1 of the uses permitted under a B Aistrict zoning, classification and ve are aware that any af these uses can be established upon City Counc3l approval of the zezoning; and we hereby consent to the rezoning of the property described in the Petition of C1int Dobrdtz to a B-3 District (name of petitioner) • �� Petition sha21 not be considered as officially filed until the lapse of seven (7) working days after a petition is received by the Ylanning Division. Any signator • of any petition may withdraw his/her name there£rom by written request within that time , page � of _ ZONING FtLE `��.. �9 �� CONSENT OF ADJOZNING PRaPEiLTY 041NERS T� REZONING Re, the undersigned, owners of the property within 100 feec of the totaL � contiguous description of zeal estate owned, purchased, or sold by petitioner within one year preceding the date oP this petition, aclmow2edge that we have been furnished with the following: • 1. A copy of the Yetition of Clint DobrdtZ (name of petitioner} 2. A copy of Sections 60.461-63 through 50:541-45 , inclusive of the Saint Paul Zoning Code; and aeknow2edge that wa are aware ef all o£ the uses permitted under a B-3 IIistrict zoning classification and we are aware that any of these uses can be established upon City Councfl approval of the rezonittg; and we hereby consent to the rezaning of the property described in the Petition of Clint Dobratz "to a B-3 Discricc (name of petitioner) ,.. r� L Petition shall not be considered as officially filed until the lapse of seven (7) working days after a getition 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 _ Z4N{NG FfLE �2� � � ________ 2� �; , -�a c�-�s7 STP.Tc OF Y.Ih?iE50TA)_ : 55 GO�U:iIY 0: RS•`:SEY ) . . 1 t/ ` ' �� , being £irst duly s-o:n, deposes a::c . �, . states thaC he/she is the p�raoes`"t'thatrsffiant iseinfor�zd �adtbelievas tnzt consent, consisting of _ 4 S the parties desczibed zre tne o;rners Tespectively oi the lots plzced ir�-�ediately be£ore each r.�-:z, that af£iaz[ is inT reTd 2�r�.1 b�lis°�ithin�l00c, of the parties described sbovz is the o�-�ez of p p Y i e:icicaer =eet �ror� aay prooerty o:.Tec or purchased bq pe:itione_ or so_d by p uitnin or.e (1) year precedin� the date of this petition �zicn is eon:i�eoc< to tne prope=�y Zescribed in ths petiti.on� that e:cceot for � ro�P:�;' none of tnz parcies describec� above has p::rchzsed or is pLrcn�sin� p `,, � �ron petitio�er con[iguous to tne above described proparcy �:icnin o:�e 1 ��- o£ tne d�te o: the petition; tnat this c onsen[ vas signad by e�ch of szi� oti in tne presence o: tiis zf=iant, and tnzt the sigaz[cres are tha tr�= and co�rect sio�atures of e�ch and all oi tne pzzties so c'escribed. � . �e��` . • • Nane • •��)�7D �Ci.4'�-0�� 5 ' ' ?_ddress z Cqri �� -oZ3� - Teleohoae 2+L:.^_oe'-' • Subscribed znd saorn to be=oig� tR;s � e�y af �_, � N t-ry Yuol' c . ��„�_.�.,.. .,,.... ._ ,.•-.,_ �lLLENE J• CURTIS NOTA�YPU6Uf MINNE501A • ' �`� � MY COMM.�SStON a�� - . � �'��a�:`r,t lO.NI}0.RY 31. 20�0 . 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C�� n n /c . �JV 6�a,. t ��-Q �< n da /t'l • :;;: �D�{iF�Z-- Teal orocertv in .Cs�rr« , r r r i, tret of Imd 1 �ed k L tle tomt of [:•, ti7�'-'-"'-p�'�'�=sc•ii�d _ f�!:ow�: IL9 L9 4�7 �ed State Iirecta, d�e r' foLaa: Iht Mtt of IoL $1,5,6 �od 7 �ed tle aort►wstalr 11.N f[et of lat !, W L OW'S 91BDIILSIO Q' IDf 19� 8731i5 OJI IDIS 157 GAlStd .: aosTdL9 k t1r reaHeQ pLt t6enot. lLo t6e �SYentel7 7I.M teet af e sd of Qvla St=eet t d�ofat tle �lo�e deaikd P kL9 .o .r! oS arle. stnet �.c1.ea w we .eow acf►ee rm�t� h th .�wtta. tiemt. a.taLea .sw. tk souetse9 tcuea sKt: Caaocfcy �t t1e sctlwt! mreer of Itt 1 of nfd �Lt: tlewi SmU 66 degne� 31 �1rtn 36 e�md� FM, �d Wit fat Inrlp,l16.69 feet. ateeq tie m[t4atK1) 11ne of nfd lut li tlelct Soot171 depceo p Wetet M aW�d� fnt, 161.0 fKt, LLaey fle erkieaslerl7 1Le of lott L 2�ed ] ef nfd �Lt� thesz Saitl @ degen 57 dwtn 41 �mds IM, 15. U 4e4 k t6e pLt ot kgienfeg of tie trct iereL kclkd; t1eeQ SouU M digrees 11 �imtet M�ecodc Ye�t, N.9 SKt, b tk �oathwctttl] 1Le et n1d �mlleuterll 21.M &et of Cdcla $tcteti tlers Soetl U deynn 16 �L¢k+ M �ewoN fast. 7U.71 feet, to tie s�tl�etttlT lT��At1a af tYe �mt►wstal} ILe of tle wutheuterl� Y.M feet of dd lat B: tledz IortE 29 deqrtn i4 tlmto M uced� Faat. b.M feet doq nid �ro)eotSm te Ue cuti�lT 1Le of tle nfd Int !; tiece brtl N degree� 16 dmta N�ecoede Yat, 56.6Y Aet. Sao9 tk �wt6�nter171Le af aSd Iota 8 ud ip tYea �ort6nskrir� 716.16 feet aleog a t�oyectit! c�e� mewe ta tie mrtBerA iadto l61.N1 feN. tlioog► � aetnl rpk of 13 diqtea 13 dwts I3 wcoW to tk piat of ��• (il morf span is �setlW, tonfw� on Dac4� � together with all hereditamenk and appurtenances belonging the:eto, subjec: Co the tollowing ezcepGOns: CERT.OF REAL ESTATE VALU@ � - i � '131' •� R Op NtY Lo C� � MiN T I � r MI NESOTA COUNTY OF w��u-^� � u �. .•.Si T ( �`.�RI Y !!K� CEnf. „ EG5A7�D OH Nas 29 3 � PN'96 LOU HctitNN� C NTY RECORDER B DEPUTY data) J.W.L. Inc. =-2�r'S�r� � Mr. John W. Lamb os 3213 Ridaevood Hoad � Arden Hills, MN 55112 The foregoing icy�ttument wea acknowledged befoze me by Jo�-tti w, 4�i,�,BZDS o or /�+��• , ie q6 , �� , Grantor (s). t NOTA&IAL STAHP OR SPAL (OR OTXLR TITLL OA RAN%) I iIONATVALO AYA�ONTA%WOACIWOWLLDONLNT s JiCLtNEJ.CURTIS � y �,�p Taa St�t�m�ctY for t! i�� vroP�rty AactSp�C b tL4lmuummt Wou1G � MRb�50iA b� wn[ pW C� um� uC �yprw o! Orut��): � i�) MY CpMAU5510N EXPIRES � tv � --- ..,,,,.�+,��tr3i,�u�p ``R6S nton R. Dobratz '— - _ _..__—______ ��• � . V Linda M. Dobratz t '-- - 10470 National St. N.E. ITNISINSTRUpiLNTWA9DRAF2LD8YWAXLANDAOD&ESS) Circle Pines, MN 55014 Clinton R. Dobratz � 10470 National St. N.E. i Circle Pines. MN 55014 • ; ; AGRI�UlTUR4LCONSERVATION �� Aa.nn Ev couNrv' - ... 23 - -- -- - - � 9-a29—.2a- oQ 3`3 ,� - . - Ins.ru � � � Filino Ee= � .� Ree c�pv CEi l'C✓r�� I::',3�,--�-�— i'd GY�tTII L-�` � .l o� c� -�s 2 l �� 0 $.6 ` �,-.n e. _ � i. � � ;:{,_ F� .34 � CITY OF SAINT PAUL BOARD OF ZONING APPEALS RESOLUTION ZONING FILE NUMBER 95-243 DATE November 13 1995 WHEREAS, AI,ARM PRODUGTS DISTRIBUTORS INC has applied for a variance from t6e strict applicaaon of t6e provisions of Section 62.105 (3) of the Saint Paul Legislative Coda pertaining tn the construction of a new loading dock and to allow maneuva within the public rig6t-of-way ia the RM-3 zoning district at 2350 T'ERRITORIAL ROAD; and - WHEREAS, the Saint Paul Boazd of Zoning Appeals conducted a public hearing on 11/13/95, pursuanc to said appeai in accordance with the requiremenu of Secvon 64.205 of the LegisIative Code; and Wf�REAS, the Saint Paul Boazd of Zoning Appeats based upon evidence presented az[he public heazing, as substaatially refluted in the minutes, made the following frndings of fact: 1. The property in question cannot be put to a reasonabie use unda the suict provisions of the code. s T3e southem portion of this property is slopcd towazd Chades Avrnue with a grade change of abovt IQ fxt In ocder to provide on-sitc maneuvering, a lazge portion of tlus wooded, sloped property would have � to be disturbed, resulting in considerable additional expense in engineering and conscuction az well az loss of existing green azea. 2. The plight of the land owna is due to c'ucumstances unique to his property, and these circumstances were not created by the land owner. The location of the eusting building and t6e slope of the land aze c'ucumstancu that were not cteated by the applicant 3. The proposed variance is in keeping with the spirit and intent of the code, and is consistent with the healch, safety, comfoR morals and welfaze of the inhabitants of [he City of St. Paul. 'il�e applicaot is currcnely accessing the ezisring loading dock by backing in from Territorial Road Chazies Avenue 6u considerably less traffic and several othu busi�resses are presendy maneuvuing for loading attivides wittun the Charles Avenue right-of-way. The applicant states that if tl�e variance is approved they will discontinue loading off of Territorial Road. I'6e Traffic Engineering secaon of Public Works states that this would be an improvement over the cuirent situazion. 4. The proposed variance will not impair an adequate supply of light and air to adjacent property, nor will it alter the ascntial chazacter of the surrouoding azea or unreasonably diminis6 atablis6ed property values within the surrounding azrz Moving the loading activiry to the Chazles Avenue side of the properry, away frum the townhouses to the north, wilf reduce the truck �affic on Temtorial Road. Maintaining as much green space as possible would also lessen the impact on the sucrounding property. • ZO�lING Ff LE 96 �� s � � ; • File #95-243 Page Two aC-�S� 5. The vaziance, if granted, would not permit any use that is not permitted under the provisioas of the code for the property in the disffict where the affected ]and is located, nor would it alter or change ch� zoning district classificauon of the property. : This property is zoned RM-3. The cucrrnt o�cdwarehouse use is legally nonconfoaning. In order to expand this use either an expansion of a nonconfoiming use permit is required or the property must be rezoned to an I-1 disaict 6. The rcquest for vaziance is not based primarily on a daire to incroase the value or income potenflal of the pazce] of land. T6e applicant 6opes to resolve existing toading problcros and provide additional needed wazehouse space whi]e disturbing as little of the green space u possible. NOW, Tf�REFORE, BE IT RESOLVED, by the Saint Paul Boazd of Zoning Appeals t6at the provisions of Section 62.I05 (3) be hereby waived to allow maneuvering within a public right-of-way in order to access a new loadiog dock subject to the following conditions: 1. The property must be rezoned or an expansion of a nonconforming use permit must be obtained from the Planning Comarission; and 2. As soon az soon as tIx new loading azea is finished, ail maneuvering associaud with loading activities on Tecritorial Road must be disconfinued on property located at 2350 TERRITORIAI. ROAD and legally described az All of I,ots 3 tYuu 7& • Nwly 10 feet of Lot 8& part of Lot 10 Nely of & adj Lot 7& above desc pazt of lot 8 N& E of fol desc line beg on orig NL of C6azles Ave & 10 fr SE of R'L of lot 8 TH NW on SD NL 56.62 h TH NW on curve RAD 860 fr 206.06 fr TH N 42 Deg 57 Min 41 Sec E 45.18 fr to SL of Territorial RD, part of Lou 10 & Lou 3 thiu Lot 8, Hoard's Sub Div of Lot 19, Hewitu Oudots lst Divisioo; in accordance with the application for variance and the sice plan on file with the Zoning Adminisffator. MOVED BY : Scherman SECONDED BY: wa�n IN FAVOR: 6 AGAINST: o MAILED: November 16, 1995 TIME LIIv1IT: No order of the Board of Zoning Appeals permitting the erecdon or alteration of a building or off-street parking facility shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is proceeding pursuant to the terms of such permiL The Boazd of Zoning AppeaLs or the City Council may grant an extension not to ezceed one year. In granting such extension,the Board of Zoning Appeals may decide to hold a public hearing. • ZON1�lG FILE `��°? � � � / FIle #45-243 Page Three APPEAL: Decisions of the Board of Zoning Appeals aze fma! subject to appeal to the City Council wit6in 15 days by anyone affecfed hy the deci�oa Building permits shali not be issued after an appeal hu been fited. If permits have been itsved beCore an appeal has been filed, then the permits aze suspended and rnnstruction shall cease until the Ciry Council hu made a fmal determination of the appeaL CERTIFTCATION: I, the unduagned Secretary W the Board of Zoning Appeals for the City of Saint Paul, Minnesota, do henby certify that I flave compared the foregoing rnpy with the original record in my office; and find the same to be a true and correct copy of said original and of the whole thereof, as 6ased on approved minutes o[ the Saint Paul Board of Zoning Appeals meeting held on November 13,1995 and on tecord ia the Office of License Inspection and Enviroamental Protection, 350 St Peter Street, Saint Paut, Minnesota. SAINT PAUL BOARD OF ZO,\'II�'G APPEALS Sue Synstegaard Secretary w the Board ZONING F(LE �b�a�S �� C , J • Zb 3�� -�s� 1. SUNRAY-BATTLECREEK-HIGHWOOD 2. HAZEL PARK fIADEN-PROSPERITY HILLCREST 3. WEST SIDE 4. DAYTON'S BLUFF 5. PAYNE-PHALEN 6. NORTH END 7. THOMAS-DALE 8. SUMMTT-iJNIVERSITY 9. WEST SEVENTFI 10. COMO 12. ST. ANTHONY PARK 13. - XINGTON HAMLINE-SNELLING HAMLINE 14. MACALESTER GROVELAND 15. HIGHI.AND 16. SUMMIT HII.T. • 17. DOWNTOWN ZONING FfLE 6 �° � �� CITIZEN PARTICIPATION PLANNING DISTRICTS ` �� u ST. ANTHONY ,� b .=:...:�- __—•'� __.. �� Z��l� �lLE �...�.1. � � 39 ' . r' / . . . 2J �'•.16 / � � O .` � � A, � � / / / •y T� � / �' �' o � o :.�. � � � .; - .. • , ,>'- �y'�; � p _+ ,� , . , ,, p� �'•' 'ko�� .� . DO �� :' , -., ..�' � "� ,- � . � ¢ . � '�i . � -9L � S� ; ��' v ° - o — F �o , ;,F . `.,, � o � v �,o � , �� :� J � � - a �� =�� --- � , � � o - - -- - „ , ,- ____ i; i . O a ' 6 i , , ---�;- - � � 6 ' / ; 149"— O . /�' �, ---- . -;-,-;- O � ` - � ' F ' �, ` � Q . .� � � i /.' 'n ^ � 4 O " �, �• �� s ' } � , ; W V � � ' W L L °��' � �� ' V � � : 1 ! i 1 i ��R ' � � . :� �'t� � Y � 6 1 ✓ / � • • r 1 / '.�� / � !� / � / � ' J i �I '; �' � � � a � , 7 err;.-�O��. a � � ' � ' J ' 1 { � 11� �R O � � . � lJ / � / � I , • • � ! � � I � � ' 7 •' �/ � i-� � � � � ,;� � � � c� �,��, � ; ;; � �, � . 0 c° ' � � � � ,/L r es . `i` � ` �� O e e � .. ♦ . . � • s � i s �h, . � � � ��rs . .� ♦ . .� � ,`� • 1 � '��` .� �� . � . -� ` �- , ; ♦ y � � � � .__] ' i ' /' ; • � ; • , .�P � * � - _�-:�- P -- � \ � , ^ �A � �y �" � � I --- - --- -- =�- -- � � , -� -- - - -' : -- -°- - � � — � APPLICANT G�r�T boba.•+rrz LEGEND �URPOSE ^C7A� F"�'�1 �' �' 3 �� zoning district boundary �# DATE� � � subject property n� orthi PLNG. DlST_ � L MAP # � o one family ••^ commercial -^ ¢ twofamily � �� industrial SCALE 1" = 400' �� A¢ Q multiple famity V vacant u n q c. -�s � R��1�� zoning section JUN 0 5 1996 Planning and Economic Development Department Saint Paul City Council �!�;�j a�i � 25 West Fourth St. St.Paul, MMDII 55102 June 3 , 1996 Dear Sir; I would like you to lmow that I strongly oppose the project of rezoning of the property at 2350 Territorial Rd. from RM-3 to B3 category. E�cisting level of heavy cargo traffic in this neiqhbourhood is already very high due to the presence of trucking companies operating here. Increase of the noise level by building another loading dock would make residential life very difficult and lower value of the properties around it. I sincerely hope that you will not make such mistake. Sincerely yours, ,�� " P� Dr. Andrzej R. �nberger From: Dr. Andrzej R. Altenberger 2311 Territorial Rd. St.Paul , MMP11 55114 06�10/1996 30:07 � FROM St. Rnthonv Pk. Conn. Cn. TO 992668574 P.01 L � _� � • -v: SE. R3 �.�i C�c}; Gaun�il � �iu�ninss a�� con��riic �2eela�rt�e;rt L�ept., Zttning Sect;�n =,�X: Z��-331�. F+ttr,: Kady Bad1eZ ��0�,9: C. i. �ann�,efm �«3 �2a1 Street SC. Pc�l, it�7M1i �51 "4 �2: �Liai? LFfo'i3E�AZ3 Ft�43dII�NG-. dAa aJ�trm p�ositt�ts ZOt�"1�iC$ ri�� i�C�_ 9�+-��S L35;� ;�rrito; �a; S oad, uet�e�n .�'saymaztd and C�rletor, ,�e�rE�g: �ate: ,�;�I�E 1�, .88& �:'�a �S.s�. ,;urse ? �. 1986 i 2!Tf 3�? �Yl��' i'ES!G�Ss"!i ?R :1=2 �T �„;fP?ta�jf vr@6t1S T9�fd:1T10.^.1ES devel �{.'�I�i^c*''.. c�!��;ete4 ;:s 9982 an� �ocaie�i dorecTly° across �h� sireet �'fo�t a?�d ea;�r ��` t�= P��,iicar�t`s �1�446�`. 'd�i2 3f2 C �tande� ca?: Yi:e a�rest a�tci nortY� by mtner resideni;a� ws��s�i.es ;:rc':��irr `.".e Saa€ St-�e- °i;-�ise;. �c o�sr �ast, we ar� Gc��ae:i w;� � ti�ca�?: +��ars�:ezse }�2� e as i�rs�vs,� t� �e 3�t _'"'iS�BSE!'2$IJ�8 T181�hb�t', boti? �crr �n aes?4�etic stancgoir�t as �tei! as'xcm a secu�ity s.ar�sipoatt. ! BiT: c�2@�1�Sf :6�C°Pif87 �a�Qt[i �i'�c k,3C8�de28.: `C: B;�CfIIaC�54TtF�1YC OR 01f CBla`li�"�I}f ;'c^e:� ^OSI.�E:Ril31 COFi'ti?lL fl� j'E: $!1��F1Ef COFTt!RErC12a r�ei�hb�r. 9usi��s� ZCTi'.^.��i 8':�OWS f0� a �a�ge af �e�e�4s�rnent a��d 2ct+srifw on #hs app6ic�r�t wopemr ina: �s �C;2tt#i�;{i` ir,imi��4 tcs ths an}�ymea�f �r� rr,a.r;�at v�alue o�f oue residentiai CG+�7�ui��:.r e:£'�5S P,�° S`_r26'�. ' T��i Cari�:i8 i18i6:C} �:STpnSBt� �9`y' $�18 CGFCEti� g'v4��8� a;.i+f - _a�' ac �ot cans?i�s�:: a Nr�nies.^.a.'.�c �_se �� ts�e propQfij, a!td 3 c'o 7ot �i�:av� '^ � "�!?ri21'Cv' tx� S�°C?:; t°f':T1EL ''t+r r�nCc�e��?'t'i'.iii� '�5�. T,�?B' �{�' �� I'P.Zg/3iT3Cl. ??`J;M�'%2r. ;;:il ser� t� ��.m��s oz;r right Yor f�r��r revi?�t uf a�z}+ futvre �amrraerGi2i use. %?Eu�lO��?JBF?f Cl" 8�'fik;%y v^Cs iJ7e? 3}�JJ+ �7J7✓�a/. P1Jf5 �QAEliS Pl'!S c�OCf n"+� %ir� `:.'�t� :817�6 f�� G"-.�i eG:%i�1CS a1T�.'f � £tSe: iG +�/j?9fi.fi �� 3S 'd �+�Sl'�EPTii2f :+Eiy:�^aL'v, rr.�sF ^N�e�. figr��^�<nts �u Lfi� pr�s�n! �°r�nes Eo add lands�apin� c; :r'.t n,?��ss ara noF adee�,ats prrstsr:iens f�r our resid�»�mad comrn�it� beca�se ��s�,r a;e res� �;a:aing �a�o� a:�y fu;ure czt�mers ar a�abs�querrt tasers �f the r��periy. '»ii� i62.�?EC� t1iSi C8^sS�' YiaP�'i �}i° if7"37 ��iiS° {� Qt6T @3s� �hen �he oigina wEV°�CGB'S °�'��14S�C'� !G 1i?aii�#ain ti�e neU:ra: t�hi[Q Ctti�!. Thep SU�sBQUebit9p 3C1d �L: i� �-'", ;��aes'er. 8n� we c�uiCkh� `:?�t! red 3+�d �ie�e str��?irg added �� our s�e�� o� the sar,- -"ss?. ar�, u�i;�at�ry P�nche� ��i �aeis �n� a�i�dovus a:�d cfoars {now ��a-ciec �.�? �0� ��C2 S133.r.8 � vdlilC?i i76VLr R?B�E: �aiZ2G5 G�ECl 1�35 �3�811 2�OS3ilRtifliQ ?�;Slsuf ri?�Si;:. i^av2 ?is� bsstt apNr:sed (so^zew'�� yet2ted!y? that a. S'�sa4! Arsa ?fa� ro� i�� :�� ea� ag� ,�se E!�r, ti�a�fers �erz�o. ��tashed) ar�� €�r set�e!�ior of #a�2 s2sit�e,Y:a1 zwnisag. t� �ss�re awequzte �€�ife�is�� for o�[r resid�r�tdad cam;,r:;;ry. CONTINUE FROM PREVIOUS PAGE 001 °� 6 -7 S �I S� �tTt3#2 P"t.r23 `�?2?3 rlf28 t?4? ci�r8GS3F) bjf iFi@ ��ti2i??}td{t{�r �t?l1F3C!� 8� $�'t2 �tt�?2 +� C�Si�£C043 I�713 tEZQIt1110 iEGUES�i. 3 I L�e21 3��'3 e of th� ;rtconsist�nc.� �� : : i;;:. Smati Rr�a Pfan i rvould 1a� arr�usd �na �ersonalEy '�rflted a�air,s: tha r2-zc=�:-� �.^:�esE. B��r`et?ng "ss essasrt?al ?o r2�3�n 3.dec�¢#E quai�y �n �ur *rs��ar"_: rae€gi?bQrn��s. j;;� '��' M�1E$�L�I.�i;� �`.Si v�Li�vlf lC` + `:; )¢ ]$ �r��w �� CSiQOSL l.1Fl•l: :.�G � e�s o#?�s -�s?d�t�1a's cfii�e�s a?�� t�e ��ed �csr essr�E'sru;r�g eca�a:;��: ds��:v 'S '�dn2iRp4" �heg Cr3QGifiCa�ICR CS!? �i?8 3US£!F8(�. $3SiC3?�� h0 1,��T1!lC2Ylt IS EnDc�t�G'tP.� � iS TuCiiiik. Tt1c Sr3��C3 :3�i3if8i2, iftiCtG safe Es s;rnp4y a key i0 0�8� �1i8 Cf3I@ :3 raz��a�� . �p�icart "�as ,nty f;�^4e t�:c�;a �CZr �raee#� at h�s facilifiK; ;r:s `�a, :.;Y ��{$��o� + ,i�g expe�se ?� iS Ui!f�2faiQFS�' E� `u'U'vi0` 2 G`�O�'.�C.` '+�S�S i5 8554 a,ri @XD2T1SF�i?, °�ttC�'1 ?!? <�3@ 'FdC8 O� th8 f3ii?5l89"IIltS d2.��!!'� COS�t11G'��Gs3�I j G:� �ro�e�"ses atr�ady °x�sting :tt :he i�r:rraediat� °ai�ia�i�gr: h�rd6y merits scra��nv our 8r„�i1,4c'�a P;a�. E�aror�i� det;�}o�ment og ai� secto, wo�s6� a2 fiar "ra�t:e; s; u� �J'p` �;U�f?l� 4i�a o',(e8ti:^:+� �4iT1''P'�iCSet St�`.iCiUF2S h�C�G i12�g EiSP, Tn`3'`E� T'�'� •:,• �;�'��t�tfi3li� R@L^� Qt�BS f?1 d�BaS S°z �StSE ��C F°S1Cl�t1�F2f �S!!POS°S. 11iZdit1 aiTiii:i� :h8 G4�2It: Z7I:d7�g ��ii y6"diliii�� 2�(iahCE� v�ouid a�pear t;, "^2�e s:�ry�tse's r?se�s <� t`:?�s snai�e�. :Q�hi2vi�r� =N��Qp�iat� �tarces �e�ive�� '�s�- dprtt"sa� �eer�s a.nd ecen.n�z?ic �Q�teEapme;tt in 2�a�rnur��+ €s o�erv a tPict^: a.s�� divis"sse ra�at?Er. Hese, haxd2v�r, a e ;ear ano ef�eciiv� cos�promise pos�i;as e�s�s. �" �� c: �osi��i�raorr�a� n.ouerta �v�s�aro, �fiX i6S-8a?4 s 06/10/1996 10�88 FROM St. Rnthony Pk. COMn. Gn. � To: SAP Community Council From: Data: I Re: Ellen Watters 4/23/96 Alarm Products Rezoning Request TO 992668574 � � . `l � a � .�s�=�� ;=� =� In considering the req�est by Alarm Products Distribution (APD) to rezone their property along Territorial Road between Raymond and: Carelton, I Chought the Cour�cil should be aware o� the position on this property that was taken by the Council in 1991 and ratifi@d by the City Council in 1992. .,r.. . . , ..t�.rs Tn May of 1991 the South St. Anthony Park Small Area Plan -Task Force approved a zoning/land use plan for the University and Raymond area. in that plan, whieh was later ratffied by the St. Paul City Council, the property where APD is located Was left zoned RM-2 Multi Family Residential (medium density). so was tlse property just to the east of APD. The property to the rtast of APD,: the parking lot, was changed from Ba to B3. -�-•%�'"= �„ A Although the plan does not specfffcally discuss Che APD property,� it appears that the Task Force intended this property to rem�in., zoned "lighter" than a business or industria� elassification in order to buffer the residential part of the neighborhood. Importantly, the Plan also suggests that Charles Avenue betFreen Raymond and Carleton ba vacated in the Puture fn order to provide more parkinq. This devalopment would aPfect APD's �lans to build a loadinq dock just ofE Charles. ':-, .4'S Although I cannot be at either Physical Planning or the Pull Counail meeting in May, I would likely vote aqainst the APD requast bacause it appears to go against the carefully considered 3ma11 Area Plan completed just 5 years ago. .r:: _ �Ci e TOTAL P.02