98-552Council File # � 5 5 e�
ORfGI�#qL
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Presented By
ordinance #
Green sheet #
ORDINANCE
SAINT PAUL, MINNESOTA
aE�r
Referred To I/ Committee: Date
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An ordmance amendmg Chapter 60 of the Samt Paul Legislahve
Code pertaining to zoning for the Ciry of Saint Paul and the
zoning maps thereof:
WHEREAS, Pursuant to Minn. Stat. §462357 and Saint Paul Legislative Code §64.400, Richard E.
Eitel peritioned to rezone properry at the southwest comer of Larpenteur Avenue and the Interstate 35-E
frontage road (west side of freeway), as legally described in Section 1 below, from R-2 (single-family) to B-3
(general business) in order to allow construction and operation of an auto repair facility, the said perition
having been certified by Planning Staff on February 11, 1998, as hauing been consented to by at least sixty-
seven percent of the owners of the area of the property to be rezoned, and fiuther 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 preceeding the date of the petition; and
WHEREAS, The Zoning Coxnmittee of the Planning Commission on February 19, 1498, held a public
hearing for the purpose of considering the rezoning petition, and pursuant to Saint Paul Admnustrative Code
§ 107.03 submitted a recommendation to the Planning Commission that the petition be granted; and
WHEREAS, The Planning Commission considered the rezoning petition at its meeting held on
February 27, 1998, and reco�ended that the City Council approve the petirion; and
WHEREAS, notice of public hearing befare the City Council on the said rezoning petition was duly
published in the official newspaper of the City on April 17, 1998, 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 Council having been conducted on May 6, 1998, where
all interested parties were heard, the Council having considered a11 the facts and recommendations concezning
the petition; NOW, THEREFOItE,
THE COUNCIL OF THE CITY OF SATNT PAUL DOBS ORDAIN:
Section 1.
That the zoning map of the City of Saint Pau1, Sheet Number 5, as incorporated by reference in §60301 of
the Saint Paul Legislative Code, as amended, is hereby further amended as follows:
bsi rt
That property at the southwest corner of Larpenteur Avenue and the Interstate 35-E frontage road (west side
of freeway), being more particularly described as:
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ORI�lNAL
That part of of Tract A described below:
�� .ssa-
Tract A. The West Half of the Northeast Quarter of the Northeast Quarter of Section 19, Township 29
North, Range 22 West, Ramsey County, Minnesota; except that part taken for sh aiso except
that part lying south of Wheelock Pukway and west of a line formed by the easterly line of Lot
6, Block 11, Dawson's Lake Como and Phalen Avenue Addition to the City of St. Paul,
extended north to Wheelock Parkway, the ritle thereto being registered as evidenced by
Certificate of Title No. 31383; except that part which lies southerly of a line run pazallel with
and distant 155 feet southerly of the north line of said Section 14 and westerly of a line run
parallel with and distant 340 feet westerly of Line 1 described below:
58 Line 1.
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Beginning at a point on the north line of said Section 19, distant 7402 feet west of the northeast
corner thereof; thence run southerly at an angle of 92 degrees 14 minutes 00 seconds from said
north section line (measured from west to south) for 600 feet and there terminating;
containing 1.06 acres, more or less;
together with all rights of access, being the ri�t of angress to and egress from that part of Tract A
hereinbefore described, not acquired herein to Trunk Highway No. 35E; and
That part of Tract A described below:
Tract A. The West Half of the Northeast Quarter of the Northeast Quarter of Section 19, Township 29
North, Range 22 West, Ramsey County, Minnesota; except that part taken for street; also except
that part lying south o£ Wheelock Parkway and west af a line formed by tha easterly line of Lot
6, Block 11, Dawson's Lake Como and Phalen Avenue Addition to the City of St. Paul,
extended north to Wheelock Parkway, the title thereto being registered as evidenced by
Certificate of Title No. 31383;
which lies between two lines run parallel with and distant 45 feet and 65 feet southerly of the north line of
said Section 19 and distant 340 feet westerly of Line 1 described below:
Line 1. Beginning at a point on the north line of sa3d Secrion 19, distant 740.2 feet west of the northeast
corner thereof; thence run southerly at an angle of 92 degrees 14 minutes 00 seconds from said
north secrion line (measured from west to south) for 600 feet and there terminating;
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3 containing 0.11 acre, more or less;
be and is hereby rezoned from R-2 (single-family) to B-3 (general business).
96 Section 2. Lt �� S S a`
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98 That this ordinance shail take effect and be in force thiriy (30) days from and after its passage, approval
99 and publication.
ORIGINAL
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Adopted by Council: Date`;�����
Adoption Certi£ied by Counai Se tary
By: �
Approved by Mag r: Da
By: �
Form App � d by City Attorney
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' BE ON COUNCIL AGENDA E
As soon as possible
TEAM
on� iNrtwrEe
06/01/98
266-6556
GREEN SHEET
�vo 65151
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(CLIP ALL LOCA ONS FDR SIGNATURE)
TOTAL # OF SIGNATURE PAGES
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Adopt an ordinance to finalize council approval of a petition of RIC�IARD E. EITEL to rezone property located
at the SOi7TFIWEST COI2NER OF Lt1RPENTEUR AVE. AND T�� IN�ERSTATE 35-E FRONTAGE
ROAD (no assigned address) from R-2 to B-3 (public hearing held May 6, 1998) .
PLAtJPlING COMMISStON
GB COMMITfEE
CNIL SERVICE COMMISSION
i50NAL5EKVICE CONSRACTS MUST ANSWE0. THE FOLLOWING (
Flas ihis Pe«�tm evH wdked untler a contract fw ihis departmeM'7
YES NO
Has Mie persoMfirm eve� heen a dty employee?
VES NO
Does this perso�rtn possess a sltill not rrortnallypossessetl by anY �� city emPloYee?
YES NO
Is this pelsofUfirm a tarpeted yendoR
YES NO
Finalize City Council approval of a petition of RICHARD E. EITEL to rezone property at the SOUTHWEST
CORNER OF LARPENTEUR AVE. AND THE INTERSTAT'E 35-E FRONTAGE ROAD fram R-2 (single-
family residential) to B-3 (general business) for the purpose of constructing and operating an auto repair
facility. .
�OU?`��dl �2SE?:iTCn ��'i "'r REG�}'�EI�
IF
IF
��� � � JUN 1 � 199�
�Arczs's o���c
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�,�Sd: �$ �3�3�
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COST/REVENUE BUDCETED (CIRCLE ON�
YES NO
SOURCE AC�MtYNUMBER
DEPARTMENT OF PLAN1�'ING
& ECONOMIC DEVELOPMENT
P¢meta WheelocF; Dirudor
CTTY OF SAIN'f PAUL
Norm Coleman, Mayor
Apri113,1998
Ms. Nancy Anderson
City Council Reseazch Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Deaz Ms. Anderson:
zs weczPowrh so-eer
Saint Paul, MN55101
q8-55z
Telephone: 612-2b6-6655
Facsimile: 612-228-3267
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday
May 6, 1998 for the following zoning case:
Applicant:
File Number:
Purpose:
Address:
RICHARD E. EITEL
#98-027
Rezone property from R-2 (single-family residential) to B-3 (general business)
for the pLUpose of conshucting and operating an auto repair facility.
Southwest corner of Larpenteur Ave. and I-35 E frontage road (west side of
freeway)
Legal Descriprion
of Property: On file.
Previous Action:
Planning Commission Recommendation: Approval, vote: unanimous, April 10, 1998
Zoning Committee Recommendarion: Approvai, vote: 7-0, Apri12, 1998
My understanding is that this public hearing request will appear on the agenda far the Apri122, 1998
City Council meefing and that you will publish notice of the hearing in the Saint Paul Legal Ledgex.
Please call me at 266-6556 if you have any questions.
5incerely,
� �
/� �
Donna DiUmmond
City Planner
cc: File #98-027
Paul Dubruiel
Pattie Kelly
. a�s� xNV, .
3POTICE OR P[1BLIC HEARIIiCr
\
�'the Saint Paul C1ty Council wi11 eondvM a public fiezring"o��"e'sday. May 6.
1998 at 5:30 g.m. in the Clty CouncIl Chambers, Third Floor CiTy Hall-Court House.
Yo consider the applicatbn of Idchard Eitel to rezone property from R-2 (single-family
rea3dentia,l) fo B3 (general business) the purpose of consWCt3ng and operating an
auto�repair facWty at the sovthwest comer of Larpenteur Avenue and I-35E firont�ge
road�!(west s3de of freeway). _ - _ . ,
Datedf Api31 15,_ 1998 _ _ _ . � - .
I+FANCYANDERSOFI ' � .
Assiat8nt Gti�y COUncfi SecFekarY �iil 17, 19981 "_ �
DEPARTME�IT OF PLAMVING
& ECONOMIC DEVELOPMENT
Pomel¢ WheeLock, Direcfar
I 1
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CITY OF SAIN'T PAUL
Norm Coleman, Mayor
Apri129, 1998
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Hall
Saint Paul, Minnesota 55102
2i Wut Fourlh Street
SaintPaul, MN55702
RE: Zoning File #98-027 RICHARD ETTEL
City Council Hearing: May 6, 1998, 530 p.m. City Council Chambers
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Telephone: 672-266-665�
Facsimile: 612-228-3261
ET �pn�E: To consider rezoning property at the southwest corner of Larpenteur Ave. and the Interstate
35-E frontage road (west side of freeway) from R-2 (single-family residenria]) to B-3 (general business)
for the purpose of constructing and operating an auto repair facility.
• PT.ANNINC; C(�MMTSSiON RF,COMMF'1VDATTON: APpROVAL vote: unanimous
RONTN�OMMiTTEF RFC'OMMFNT)ATION: AppROVAL vote: 7-0
STAFF RP.C'nMMFNf)A'I70N: APPROVAL
�TTPPORT: No one spoke. District 6 Planning Council voted to support the rezoning. One letter of
supportreceived.
OPPOST'PInN• No one spoke. One letter in opposition received.
Dear Ms. Anderson:
.
RICfIARD EITEL submitted a petition to rezone properiy at the southwest corner of Larpenteur Ave. and
the Interstate 35-E frontage road (west side of &eeway). The Zoning Committee of the Planning
Commission held a public hearing on the proposed rezoning on March 19, 1998. The applicanf
adciressed the committee. At the close of the public hearing, the committee voted 5-2 to recommend
approval to rezone to B-2. The Planning Commission discussed the application at its meeting on Mazch
27, 1998, and referred the application back to the Zoning Committee for fiuther discussion. On Apri12,
1948, the Zoning Committee voted 7-0 to recommend approval of the rezoning. The Planning
Commission upheld the Zoning Committee's recommendation for approval on a unanimous vote on April
10, 1998.
This proposed rezoning is scheduled to be heard by the City Council on May 6, 1998. Please notify me
if any member of the City Council wishes to have slides of the site presented at the public hearing.
Sincerely,
l; (�rw���/"""""'"" T I
Donna Dnunmond
City Planner
Artachments
ca City Councilmembers
� 8- 55z
� city of saint paui
planning commissson resolution
fife number 98-26
�' te April 10, 1998
WHEREAS, RICHARD E. EITEL, Pile # 98-027, has petitioned fo rezone the southwest comer of
Latpenteur Avenue and the Interstate 35-E frontage road, a vacant parcel of approximately 1.68 acres,
situated between Larpenteur Avenue and Wheelock Parkway, from R-2 (single-family residential) to B-3
(general business) for the purpose of constructing and operating an auto repair faci]ity; and
WHEREAS, the Zoning Committee of the Planning Commission on March 19 and April 2, 1998, held a
public hearing 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 Legislative Code;
and
WHEREAS; the Saint Paul Planning Commission, based on the evidence presented to its Zoning
',Cocnmittee at the public hearing as substantially reflected in the minutes, made the following findings of
fact:
. .1. . Richard E. Eitel is the contract purchaser of the property. The State of Minnesota is listed as the
. •--fee owner,•and Mr, Eitel has been paying Ramsey County, which holds the ptoperty in trust for
the state, annual installments toward the purchase of the property. The City Attomey's office
has advised that both the State of Minnesota as fee owner, and Ramsey County as trustee, must
sign a waiver of any interest in the rezoning, or altematively, Mr. Eitel must pay off the coniract.
The City Attomey's office recommended that the Zoning Committee consider the petition, with
the understanding that these waivers be received by the City or Mr. Eitel complete purchase of
the property before final action is taken by the City Council. Subsequently, Mr. Eitel indicated
that he paid off the contract with the county on March 31, 7998 to become the fee owner of the
property,
2. Mr. Eitel intends to construct and operate an automobile repair facility on the northern 90 feet of
the property, the portion that fronts on Larpenteur Avenue. He has also stated that he wiil be
acquiring 20 feet of Larpenteur Avenue right-of-way from the state for a total of 110 feet to be
developed. He intends to sell the remaining property, the southern 195 feet of the lot, to the
� State of Minnesota to accommodate stormwater runoff from Interstate Highway 35-E. The
rezoning petition is requesting that the entire properiy be rezoned to B-3, including the 20 feet of
Larpenteur Avenue right-of-way. The State of Minnesota, as represented by Mr. Louis K.
Robards, Assistant Attomzy General, has co-signed the rezoning application as fee ovmer for the
20 feet. His letter of March 18, 1998, describes the pending purchase by the state of the southem
portion of the site, and the reconveyance of the 20 feet adjacent to Larpenteur Avenue to Mr.
Eitel.
moved by Field
� seconded by
in favor Unanimous
against �
Zoning Fite #98-027
Page Two of Resalution
3. The purchase by the State of Minnesota of the southem 195 feet of the lot and the reconveyance
of the 20 feet of Larpenteur Avenue right-of-way to Mr. Eitel from the state will become
finatized �vhen the condemnation award is fiied in coact by the state. Mr. Robards of ttce State
Attomey GeneraPs office has indicated this will occur by April 1 S, 1998. �Vhen that occurs, Mr.
Eitei wilt no longer o«n the southem poRion, therefore it shoald be remaved from the
application for rezoning. The state's condemnation action will create a separate lot or parcel.
Only the remaining parcel, which Mr. Eitel will own, should be considered for rezoning from
R-2 to B-3.
4. SecTion 60.544 (18) of the Zoning Code permits automobile repair facilities as permitted uses
subject to special conditions in the B-3 zoning district. The proposed site has the potential of
meeting all of the required conditions related to minimum lot size, landscaping, indoor repair
work, and outside storage. the rezoning is approved by the City Council, a special condition use
permit wil] be required. The planning commission amended its rules of procedure in 1984
(Resolution 84-23) to delegate authoriry for the approval of speciai condition use permits to the
planning administrator in cases where public hearings have been held in which the commission
has recommended, and the city council has approved, a rezoning specifically for a special
condition use. The use of the property for an automobile repair facility must meet all the
required conditions related to minimum lot size, landscaping, indoor repair work, and outside
storage. In addition, Yhe following additional conditions should be required:
�
a. Only customer vehicles and employee vehicles of the permittee may be parked �
on the 1ot. This condition is intended to prohibit long term storage of vehicles
on the lot.
b. All vehicles parked outdoors on the lot shall be cbmpletely assembled with no
parts missing. Vehicle salvage is not permitted. �
5. The rezoning is consistent with the comprehensive plan. Goals and objectives of the Districi 6
Plan include the following: to encourage the development of new housing and businesses (p. 21).
In addition, the Economic Development,Strategy includes: 1) Objective #6, "ensute sufficient
land for future business gzowth"; 2) Policy #25, "the ciry's land use plan should pirovide
adequate land for industrial and commercial development and expansion in order to increase the
proportion of commerciaUindustrial tax base"; and 3) Policy #29, "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 activity" (pp. 17-18).
6. The rezoning is consistent and compatibie with the way the area has developed. Across
Larpenteur Avenue to the north of the site is a gas station, which is in Maplewood. The freeway
frontage road and Interstate 35-E are to the east. The southem edge of the site fronts on
Wheelock Parkway, and across Wheelock are the playfields for Mississippi Creative Arts
Magnet Schooi. To fhe west of the site are residential uses along Wheelock Parkway and vacant
land zoned residential along Larpenteur Avenue.
In addition, there is a significant amount of traffic in the area. Larpenteur Avenue carries 13,625
vehicIes per day; the freeway frontage road carries 6,82� vehicles per day; Interstate 35-E carries
135,225 vehicles per day; and `Vheelock Parlavay cames 5,000 vehicles per day. Given this -
level of traffic, residential deceIopment of this site seems unlikely, and rezoning to allow
commercial development is compatible with the way the area has developed.
The rezoning �vill not have an adverse impact on adjacent properties if appropriate landscaping
y8-SSz
• Zoning File �98-027
Page Three
and screening is installed on the west side of any development of the property to shield the
residential uses there. There will not be any immediately adjacent residential uses, however,
because the state is also in the process of acquiring the eight piatted lots immediately west of the
subject properry (Lots 12 through 19, Dawson's Lake Como and Phelan Avenue Addition).
S. The applicanf submitted a sufficient petition of two-thirds af the property owners within one
hundred (] 00) feet of the property stating support for the rezoning (three parcels eligible, two
required, and two signed).
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission that the petition of
RICHARD E. BITEL, to rezone property at the southwest comer of Larpenteur Avenue and the Interstate
35-E frontage road, a vacant parcel of approximately 1.68 acres, situated behveen Larpenteur Avenue
and Wheelock Parkway, more particularly described as Section 19 Township 29 Range 22 subject to
Highway part of the west 1/2 of the northeast 1!4 of northeast 1!4 north of Wheelock Pkwy in Section 19,
Township 29, Range 22, plus an additiona120 feet immediately north of previously described site
(exactly described in the file), from an R-2 (single-family) zoning classification to a B-3 (general
business) zoning classification is consistent with the Comprehensive Plan for the City; however
BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to the
Council of the City of Saint Paul that only the northem 110 feet of the property located at the southwest
comer of Larpenteur Avenue and the Interstate 3S-E frontage road, a vacant parcel of approximately
• 26,400 square feet, situated between Larpenteur Avenue and Wheelock Parkway, be rezoned from R-2 to
B-3, pending finalization of the purchase of the southem 185 feet by the State of Minnesota and
reconveyance of the 20 feet of Larpenteur Avenue right-of-way to Mr. Richard Eitel, and receipt of the
descriptions of the two separately described properties from the State of Minnesota prior to final City
Council approval, in accordance with the information for the rezoning on file with the Saint Paul
Department of Planning and Economic Development.
.
98-55z
a
C J
Saint Paul Planning Commission
City Hall Conference Center
15 Kellogg Boulevard West
A meeting of the Planning Commission of the City of Saint Paul was held Friday, Apri1 10, 1998, at 8:30
a.m, in the Conference Center of City Hall.
Commissioners
Present:
Commissioners
Absent:
Mmes. Duarte, Engh, Morton, Nordin, Treichel, and Wencl and Messrs. Field Jr.,
Gervais, Gordon, 7ohnson, Kramer, McDonell, Nowlin and Sharpe.
Mmes. *Faricy, *CTeisser, Maddox and Messrs. *Chavez, *Kong, *Mardetl, and
*Vaught.
*Excused
Also Present: Ken Ford, Planning Administrator; 3ean Birkholz, and Roger Ryan, Department of
Planning and Economic Development staff.
I. Approval of Minutes oF March 27,1998
MnTION: CommissionertYlcAonell moved approval ofthe n:inutes ofMarcl: 27, 1998;
Commissioner Treichel seconded the motio�: wl3ich carried unanimausly or: a voice vote.
II. Chair's Announcements
Chair Morton announced the unexpected resignation of Roger Ryan, who has worked as a City
Planner for the City of Saint Paul for 36 years Chair Morton read a resolution of thanks in his
honor.
NIr. Ryan aclmowledged that he is happy to retire, but will sincerely miss coming to Planning
Commission meetings and Zoning Committee meetings; and he will miss working with all its
members on the various issues throughout his years with the City.
Commissioner Wencl assured Mr. Ryan that he will always be welcome at Zoning Committee
meetings. She thanked Mr. Ryan for his work throughout the years.
Commissioner Field echoed Commissioner Wencl's comments. He added that Mr. Ryan's
history and knowledge of the zoning code will be greafly missed. He asked Mr. Ryan to
consider, at some time, being a member of the Planning Commission.
l'LQTIQY: Con:missioner Field moved approva[ of the resolution; Comn:issioner Nordin
seconded the motion which carried unanimously on a voice vote.
Chair Morton urged members of the Planning Commission to tum in their completed forms that
. came in the latest packet to 7ean, if they have not already done so.
III. Planaing AdminisYrator's AnnouncemenYs •
Mr. Ford noted that PED staff is very sorry Yo see Roger leave, but are very happy for him and
think that his retirement is very well deserved. Mr. Ford announced a retirement dinner for
Roger April 24, 1998, and he encouraged all members to attend.
Mr. Ford reminded Comunissioners that at their last meeting they took action to express their
opinion on a proposal before the Ciry Council that woald waive fees for district councils when
they file appeals of decisions by the Planning Commission, the Zoning Administrator, or the
BZA. He stated that the proposal failed this week at the City Council meeting on a vote of 4- 3.
NIr. Ford announced that Mr. Larry Soderholm rvill be stepping in where Roger Ryan has been
to help guide the zoning function in PED. That wilI mean some other changes for the rest of
staff for finishing the Comprehensive Plan and other tasks.
Mr. Ford announced That Mr. Soderholm has just retnmed from the annual conference of the
American Pianning Association in Boston and reported that there is a great deal of interest and
concem about things thai the Planning Commission and planners are talking about here. He
asked Larry to give a brief report at this time. Mr. Ford informed Commission members that he
will be leaving now to attend a hearing elsewhere and that Mr. Ryan will be staying in his place.
Commissioner Gordon asked Mr. Ford if the City Council gave a reason with respect to
rejecring the fee waiver. Mr. Ford replied that one member expressed that there is no reason
district councils should be singled out from others who make applications for appeal, and that �
he had not had any correspondence or requests coming from district councils supporting the
idea. Others expressed that there was no reason for singling out district councils and if we did
single them out, then wko else ought to have some special �eatment.
Mr. Soderholm reported on the American Planning Association's Annual Conference, which
took place in Boston. He stayed in Brookline, an inner suburb of Boston, and rode the "green
LRT line" Yo downtown Boston for his meetings. Ellen Goodman, the Boston Globe columnist,
was the kickoff speaker for the opening session. She said that reaI Americans don't p1an, and if
they do, they don't admit it. She stated that Yhe values of the American society have
emphasized so much individuaI achievement and individuaiism that the American society needs
to re-balance its values. Planning Commission members and planning staffs have a role to play
in expressing the coilective side of fhe equation. She reminded the audience, as a chronicler of
the Women's Movement, that the Women's Movement started with the ideas that women would
be able to advance in cazeers and have professional lives, and that society needed to recognize
the value of caretaking roles that women traditionally had played. She went on to say that
Americans have been much more s¢ccessful at making women's careers possible than at
changing the values of our sociery to recognize the unportance of caretaker funcrions and the
worth of the commonweaith.
Mayor Menino of Boston tatked about his facorite projects. One of them is a new
comprehensive plan they aze starting called "Boston 400." He emphasized that Boston is a
�valking city and Larry found out that it certainly is. It's a city of history and mixed use and
beautiful parks. Boston is talkin� about moving Fenway Stadium or replacing it.
Preservationists want to restore it. Mr. Soderholm said he was especially interested in
Washington Street in Boston that runs from downtown south to Roxbury, a low income minority -
q8-55Z
• community, which Mayor Menino says will be the "5treet for the next Century." It is a wide
street similar to University Avenue. Larry brought back copies of their plan. Boston also has
extensive public gardens. The city leases land to a central garden organization for 99 years to
have permanent public gardens.
The themes of the sessions emphasized "liveable communities," "walkable neighborhoods,"
"higher density housing," and "�ansit oriented design;" the same issues that we are concemed
about in Saint Paul are being debated throughout the United States. A conference proceedings
�vas published that contains resources and people to contact in other cities about related issues.
Mr. Soderholm said that he was impressed to leam that the Dallas LRT 5ystem, which opened
I S months ago, is a great success. Itetail businesses are no�v snapping up property on the street
in downtown Dallas on which the LRT is located. Dallas is also planning village type centers
around the LRT stations.
Mr. Soderholm mentioned that he also leamed some things about regulating "big hox"
development, an issue of concem for the University Avenue Plan. In Fort Collins, Colorado,
they require a lot of little things that help mitigate the impact. The "big box" companies are
somewhat sensitive to the fact that people generally dislike them. People shop there, but as a
part of their community, they dislike the "big box." Wal-Mart is starting a new branch called
Smal-Matt, with 40,000 square foot stores that they can locate neaz and in downtowns. Some of
the regulations that were talked about regazding "big boxes" were: 1) allowing no more than
� 50% of their parking to be between the street and the building; 2) making them wrap the parking
around behind; 3) not allowing big blank walls (IYs important for public safety and for
aesthetics to have doors in any facade that opens to a public street.); and 4) having some
transparent windows along big long walls,
Mr. Soderholm promised that he would be putting together a Boston slide show for the staff and
talking about some of these things in more detail.
Chair Morton noted that Ms. Homans would be passing out invitations for Roger's retirement
party, in case some members had not received one in the mai1.
IV. Zoning Committee
#€9�_770 Alter Tradin� rorn�ration - Conclude special condition use process for a large metal
shredder at 801 Barge Channel Road. (Itoger Ryan, 2b6-6574)
Commissioner Field stated that there had been an apparent problem with the notification
process. Staff recommended and the Committee concurred that this item be laid over to April
16, 1998.
#�};-3fi M��a Homec_, Tns. - Special condition use permit to allow a cluster development
�vith ten townhomes (five twinhomes) at the southwest quadrant of Lexington and St. Clair
Avenue. (Beth Bartz, 266-6580)
MOTION: Commissioner Fietd moved approvat of tlze special condition use permii fo allow a
cluster develapment with twelve townhomes (six twinFsomes) at the southwest quadrant of
, Lexington and St. ClairAvenue with 10 (ten) conditions, which carried unanimously on a
voice vote.
#9R-027 Richard F:�el - Rezoning of property at the southwest comer of Interstate 35E
frontage road between Larpenteur and Wheelock Parkway from R-2 to B-3 to allow
construction and operarion of an auto repair facility. (Donna Drummond, 266-6556)
Commissioner Field stated that there had been some discussion about this at the Zoning
Committee beca�se part of this property is being acquired by the State Department of
Transportation.
Ms. Donna Drummond apptoached the podium to e7cplain. She said that the purchase of the
southem 2!3 of the property that was applied for rezoning will be finalized by April 15, 1998.
When that occurs, the State of Minnesota wili have taken ownership of the southern 2/3 of this 1
1/2 acre property, and Mr. Eitel will retain oumership of the northem 1/3 of the properry. This
northem third is the portion that the Zoning Committee recommended be rezoned. The southern
portion would not be rezoned.
MOTiON: Commissioner Field moved approval with conditions of a request to rezone
property at the southwest corner oflnterstate 35E frontage road hetwee�t Larpenteur and
YYheelock Parkrvay from IZ-2 to B-3 tn aUow consiruction and operation of an auto repair
facility, which carried unanimously on a voice vote.
I`1
�
#98-O�S Prnfescional Rnildi�g Services - Special condition use pernut to a11ow outdoor sales
of new and used automobiles and modification of the lot area requirement at 1176 Dale Street �
North. (Donna Drummond, 266-6556)
MnTiON: Commissioner Field moved denial of the requested special eondition use permzt to
allow outdoor sales of new and used automobiles and modification of the lot area
requirement at 1176 Dale Sfreer 1Vorth which carried unanimously on a voice vote.
#9R-OS] Ternme T.aC'roix a William Dunnigan - Rezone property from RT-2 (residential)
to B-3 (general business) at 365-367 and 371 Smith Avenue North to allow expansion of an
existing auto repair and service starion. (Beth Bartz, 266-5599)
Commissioner Field explained that there was tesrimony that led the Zoning Committee to vote
for a layover of this issue to April 16, 1998.
#9R-OS'i MPlvin Hgard �ugdom Hali) - Sign area variance to allow two idenfification signs
(30 square feet permitted; 52 squaze feet requested; for a variance of 22 square feet) at 678
Hague Avenue. (Jim Zdon, 266-6559).
NjnTiON: Commissioner Field moved approval with conditinns of the requested sign area
variance to allow a single 40 square feet iden[ification sign at 678 Hague Avenue which
carried unanimously on a voice vote.
Commissioner Field read the agenda far April 16, 1998.
�
0
1
J
C�
MINUTES OF THE ZONING COMMITTEE
Thursday, Aprit 2, 1998 - 3:30 p.m.
City Councii Chambers, 3rd Floor
City Hall and CouR House
15 West Keilogg Boulevard
PRESENT:
ABSENT:
Chavez, Faricy, Fieid, Gordon, Kramer, Vaught and Wencl
Morton (excused)
98-ss z
OTHERS Peter Warner, Assistant City Attorney; Beth Bartz, Donna Drummond, Pattie Keiley,
PRESENT: Roger Ryan, and Jim Zdon of PED.
The meeting was chaired by Commissioner Field.
Richard Eitet, File 98-027 - Rezoning from R-2 to B-3 to allow construction and operation of an auto repair
faciiity at the southwest corner of tnterstate 35-E (frontage road between tarpenteur and Wheelock
Parkway).
Donna Drummond referred to and expiained a letter received from the Attorney Generaf's Office of the
State of Minnesota confirming that the Department of Transportation is in the process of acquiring Lots 12
through 19 immediately adjacent to the west of the Eitel property. She said the latest information she has
from the Attorney General's O�ce is the condemnation award will be filed by April 15th, and that the date
it is filed is considered the date the State is in ownership of that property.
Upon question of Commissioner Kramer, Ms. Drummond stated April 15th is the date the property will be
spfit.
At the question of Commissioner Gordon, Ms. Drummond explained if the rezoning is approved, the
applicant will have to comply with all guidelines set foRh by the State.
Ms. Drummond also referred to and explained a Pianning Commission policy which allows staff to
administratively issue SCUPs requ+red for deve{opment proposed as part of a rezoning.
Upon question of Commissioner, Ms. Drummond said the original packet inciuded a letter from the
Attorney General's Office stating there would be a condemnation award ftled, and it also identified that
portion of the property wtiich wi11 be acquired by the State. She further stated the parcel of land between
east of the Eitel property and 135-E will remain zoned R-3, when there is a City right-of-way the zoning
boundary extends to the m+dd4e of the right-of-way, that the Stafe of Minnesota owns the property for the
135-E right-of-way outright, and the frontage road is considered part of the 35-E right-of-way.
Upon question of Commissioner Wenci, Ms. Drummond expiained the application came in for the entire
property because that is what the applicant owned. She said the applicant was purchasing this property
from the County, who were holding it as trustee for the State of Minnesota. She aiso noted Mr. Eitel has
paid that contract off, which she confirmed with the Cou�ty Tax Forfeit Office. Ms. Drummond further
stated the property is not yet divided because the condemnation award has not been filed by the State.
When it is fi{ed, the State will then be the owner of the property and it will become two separate parcels.
Upon question of Commissioner Vaught, Assistant City Attomey Peter Warner explained the petition is to
rezone a set piece of property, and the Zoning Commission could recommend the City Council consider
. rezoning to 8-3 only that portion which the applicant wa�ts to develop. The remaining parcel of property
will more than likely f�ef be held as a drainage basin for the State of Minnesota. Mr. Warner fuRher stated
it is his understanding that the 4ong-term goal of the State is to eventualiy increase the size of 135-E In
width by adding more lanes, which is why the State is progressing farther west to pick up additionai
property for storing stormwater from 135-E. He also �eferred to concern that if a new R-3 zoning district
is created that an R-3 use wili go in that area, and said that is not fikely to happen.
Zoning Cammittee Minufes
April 2, 1998
Richard Eitei (98-027)
Page Two
Commissioner Kramer asked if the applicant would be required to repetition in order to rezone a smafter
area, and Mr. Wamer said no and that adequate notice has been given to property owners who might be
interested in this rezoning.
At the question of Commissioner Wencl, Mr. Warner expiained when the government sefs out to acquire
a property througfi eminenf domain they have to state a public purpose, and the public purpose is to
acquire land for drainage.
Chair Field said the public hearing was closed ort this item at the March 19th meeting, but fhe applicant
is present and wou(d fike fo speak to the Committee.
Commissioner Vaught moved and Commissioner Gordon seconded the motion to reopen the public
hearing, and roll call was taken.
Adopted Yeas - 7 Nays - 0 (The public hearing was reopened)
Richard Eitel (4268 Pond �ew Drive, White Bear Lake, Minnesota), appeared and presented an aerial
photograph of the property displaying the poftion the State will be purchasing.
At the question of Commissioner Kramer, Mr. Eitel expressed agreement to the rezoning being subject to
the parcei being acquired, of rezoning only the portion of land he will be keeping.
No one appeared either in support or opposition, and the public hearing was closed.
Commissioner Gordon moved to approve rezoning of the part of the property that the appiicanf wishes fo
use for the business, and tfie mofion was seconded by Commissioner Wencl.
Commissioner Kramer said it was his understanding that rezonings nee8ed to be approved by zoni�g lot
and not by a portion of a lot, and Commissioner Vaught explained by the time this Committee's
recommendation is before the City Council fhe lot split should have taken place.
At the suggestion of Pefer Warner, Commissioner Gordon included in his motion that at the time when the
property is split, the legai description, which is required by the State, will then become the tegai description
that the City Council wili act on, This condition to the motion was seconded by Commissioner Wencl.
There was no further discussion.
Adopted Yeas - 7 Nays - 0
Drafted by:
Pattie Kell
Recording Secret ry
Submitted by:
�Crwr�
Donna Drummond
Northwest Team
Approved by:
Litton Field
Chair
i
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�,
98
� Saint Paul Planning Commissioa
City Hall Conference Center
15 Kellogg Boulevard West
A meering of the Planning Commission of the City of Saint Paul was held F'riday, March 27, 1998, at
$30 a.m. in the Conference Center of City Hall.
Commissioners Mmes. Duarte, Engh, Faricy, Cseisser, Ivfaddox, Morton, Treichel and Wencl
Present: and Messrs. Field Jr., Gervais, Kong, Kramer, Mardell, McDonell, Nowlin and
Vaught.
Commissioners Ms. *Nordin and Messrs. *Chavez, *Gordon, *7ohnson, *Sharpe
Absent:
*Excused
Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Donna Drummond, Nancy Frick,
Tom Harren, Nancy Homans, Patricia James, Gary Peltier, Roger Ryan, Latry
Soderholm, Allan Torstenson and 7im Zdon, Depariment of Planning and Economic
Development staff; and Mike Klassen from the Deparhnent of Public Works.
� I. Approval of Minutes of March 13,1998
M_QTIQ�: CommissinnerKramer moved approval of the minutas ofMarch 13, 1998;
Commissioner Field seconded the motio�: which carried unanimously on a voice vote.
II. ChaiY's Announcements
Chair Morton announced that at that moming's Steering Committee the position of quadrant
liaison �vas discussed. Mr. Ford has drafted "Expectations for Neighborhood Liaisons" to be
used as a guideline.
Chair Morton further announced that the Steering Committee has proposed a resolution that
states the Planning Commission opposes the refund of appeal fees to applicants when presented
by the community councils, in response to a resolution being presented by Councilmember
Coleman which states that community councils would be refunded application fees for appeals.
The Planning Commission's rationale for opposing Councilmember Coleman's resolution is
that no group should be singled out to have a refund of a fee.
Commissioner Kramer interjected that he thinks iYs a waiver, not a refund.
Commissioner Vaught commented that he thinks the issue remains the same. If there are appeal
fees, they should appty to everyone; if there are not appeal fees, that also should apply to
everyone. He sees no logic for exempting a particular category of appellants from the fee, and
� he is troubled if appeal fees ate selectively applied to particular groups or individuals and not to
others. The same rules should apply to everybody.
Commissioner Field noted that an individual or group of individuals, who wish to appeal may,
ra[her appealing on their own accord, choose to pursue it through the district councit just for the �
waiving of the fee_ He clearly thinks that it would be bad golicy to select one groap for those
Fees to be waived.
The motion on the fZoor to submit a resolution stating that the Pla:sning Commission oppvses
the refund or waiving af fees far appeals by community councils carried unanimously on a
voice vote.
Chair Morton announced that there will be another meeting of committees at the close of the
meeting to choose different meeting dates for the Comprehensive Planning Committee and the
Neighborhood and Current P[anning Committee.
III. Ptanning Administrator's Announcements
Mr. Ford reported on his inquiry into the reasoning for the City Council finding error on the part
of the Planning Commission in upholding an appeal for the Citgo sign at the service station near
SneIling Avenue and I-94. They concluded:
1) the site of the proposed sign does not constitute an unusual condition. The fact that the
filling sYation is located next to the freeway is not so unusual that the extra visibility
provided by a higher sign is necessary; and
2) the greater height and greater size of a proposed sign would adversely affect adjacent
residential properties. Due to the greater height and size of the proposed sign, it's light
wouId cast even more glare on surrounding properties. �
Copies of that resolution are available from Mr. Ford.
Mr. Ford continued that at the last City Council meeting, there was an appeal by the applicant of
the Planning Commission's denial of a special coadition use permit for an auto specialty store
on East 7th Sh�eeY. That appeal also was upheld by the City Council. They concluded fhat they
could place enough condztions on it, and the senricing of autos was a limited part of what was
going on there. It is limited to only one bay and to a very limited type of service. Most of the
store was more like a retail store than an auto servicing.
Also before the City Council was the appeal of the Planning Commission's denial of a
determination of similar use permit for the nursery at the properiy on Point Douglas Road. That
appeat was denied.
IV. Zonina Committee
#4R-R] 1 Mon�1m Resid n�ce 1 Peter K�elv (Laid over from March 5, I998} - Speciai
condition use permit to allow conversion of residential structure greater than 9,000 sq. ft. As a
residence for frail eiderly and elderly with dementialAlzheimers. (7im Zdon, 266-6559,
Southwest Team)
MnTIO�T: Commusio�ter Wenc! moved approval of the request for a special condition use
permit to allow conversion of a residentia[ structure greater than 9,000 sq, fi.,to be used as a
residence far frail elderly and elderly with dementiaUAlzheimers witf� conditions. �
2
g 8- 55z
� Commissioner Vaught noted that he voted in opposition at the Zoning Committee but will vote
in approvaltoday.
Commissioner Faricy stated that she had also voted in opposition at Zoning Committee but will
vote in approval today. She reseazched the history and decided to change her vote because the
residence has been vacant for one and a half years and is in disarray.
Tha motinn on the floor carried unanimously on a voice vote.
�9R-�27 Richard Eitel - Rezoning to allow construction and operation of an auto repair facility
at the southwest corner of Interstate 35E frontage road between Larpenteur and ��heelock
Parlavay. (Donna Drummond, 266-6556, Northwest Team)
Commissioner Wencl stated that the south portion will be sold to the state of Minnesota after
the rezoning occurs. The north portion that fronts on Larpenteur will be used for auto repair. In
1984 the Planning Commission passed a resolution that stated that rezoned properties that also
needed a special condition use permit could be decided by staff instead of coming back ta the
Planning Commission.
Commissioner Kramer said that he voted against this at Committee because this property will be
divided into huo pieces after the re2oning. The remaining piece of B-3 property will belong to
the state, so we do not Imow what the ultimate proposed use of that piece will be.
� Commissioner Vaught stated that he also voted against it at the committee level and he will vote
� against it again today if the Planning Commission will be taking the vote today because it is
spot rezoning.
Commissioner Nowlin said that he is also concerned about this case. It concems him to put a
commercial use so near to a school. He is also concerned that the policy of staff maldng the
decision on a special condition use permit if a rezoned parcel needed it, may be against state
law. He feels that it's very important that a special condition use permit after rezoning, be
brought back to the Planning Commission so that the Commission can assure that vegetative
treatment is done and that the use is properly buffered, in this case, both from the school and the
freeway.
�IOT70N: Con:missioner Fie1d neoved that thzs case be laid over ar:d referred back to the
Zoning Committee for further action on Apri12, 1998. Commissioner Kramer seconded the
motion which carried unanimous[y on a voice vote,
�98-0'�4 Vi t�oria Aeck - Nonconforming Use Permit to allow re-establishment of general auto
repair at 951 White Bear Avenue. (A1 Torstenson, 266-6579, Northeast Team)
Commissioner Wencl reported that there was a great deal of discussion at Zoning Committee as
to whether this had actually been an approved use in operation, etc.
�iOTinv: Commissioner Wencl moved denial of t):e requested no�econforming use permii tn
allow re-es[abltshmeru ofgeneral auto repair at 951 FYhite Bear Avenue. TT:e ntotion carried
unanimausly on a voice vote.
C�
�28�361YI.en@Qta�mes,Inc, - Special condition use permit to atlo�v a cluster devetopment �
with twelve townhomes (six rivinhomes) at the southwest quadrant of Lexington Pazkway and
ST. Clair Avenue. ($eYh Bartz, 2b6-6580, Soathwest Team)
Commissioner tiVencl reported that this case was laid over to April 2, t 998.
Commissioner Wencl read Yhe agenda for Thursday, April 2, 1998: Old Business of Alter
Trading Corporation, Mendota Homes, and Ricfiard Eitel; New Business is for Professional
Building Services, Jerome LaCroix and William Dunrtigan, and Melvin Heard (Kingdom Hatl).
Commissioner Geisser asked why Alter Trading Corporation was on the a�enda. Mr. Ryaa
replied that the original application in 1995 is being concluded now with application of the new
zoning regulations, following the zonina study.
Chair Morton announced that the Midrvay Parkway West Como Small Area Plan was adopted
by the City Council on December 17, 1997. Copies are now avaitable from Patricia James.
V. Comgrehensive Planning and Economic Development Committee
MnTiON: Commissioiter Maddo.r neoved that the Phalen Boulevard Draft EIS be forwarded
to Che City Council and recommended for release for public review and cvn:ment; and ihal a
meeting be held on i�
Pha]en Roulev�rd nraft FIC _ RepoR and Recommendation for release for pubiic review -
(Nancy Frick} �
Ms. Frick reviewed the document with a slide presentation. She explained that the putpose of
an EIS zs to provide information to the decision making body and the public about the
consequences of taking the actions that are proposed. It is based on a formal Scoping Decision
that this body heard and recommended upon, and the City Council adopted in 1996.
This EIS looks at three types of altematives. First of all, it assesses the impact of not building
the project. The other altematives are reviewed in reIationship to the no build altemative. The
EIS also looks at a transportation system management (TSM) altemative, which evaluates
solving the problem by makin� smaller, minor improvemenfs to the system instead of doing a
major build project.
The build altematives are divided into three segments: 1) a western segment, between 35E and
Burr Street (three alignments); 2) the central segment, between Burr Sireet and Eari Street (five
aIignments); and 3) the eastem segment, beiween Earl Street to Johnson Parlavay (one
alignment).
The westem segment asks how do you connect Phalen Boulevard with 35E. Ms. Frick
explained each altemative with the assistance of enlarged projected maps.
Questions arose regarding the bus bam, timetables, and traffic movement.
The central segmenYs key questions are ho�v do you get throu�h the area taehveen Payne and
Arcade, and how do you access Payne Avenue from Phalen Bouievard. Common to all the �
MINUTES OF THE ZONING COMMITTEE
Thursday, March 19, 1998 - 3:30 p.m.
• City Councii Chambers, 3rd Fioor
City Halt and Court House
15 West Ke{fogg Boulevard
PRESENT:
ABSENT:
OTHERS
PRESEN?:
Chavez, Faricy, Gordon, Kramer, Morton, Vaught and Wenci
Fieid (excused)
g8-55z
Peter. Warner, Assistant City Atforney; Beth Bartz, Donna Drummond, Pattie Kelley,
RogerRyan, Alian Torstenson and Jim Zdon of the Pianning Division.
The meeting was chaired by Barbara Wencl, Vice Chair.
RICHARD EITEL - Zoning File 98-027 - Rezoning from R-2 to B-3 to allow construction and operation of
an auto repair facility.
Donna Drummond presented slides and gave the staff report recommending approval pending receipt of
the signature of the appropriate fee owner prior to final approval by the City Council. Ms. Drummond
referred to a{etter received from the Attorney Ge�era!'s Office dated March 18, 1998 in suppo�t of this
rezoning, and that Mr. Eitel is in the process of paying off the contract and wiif become the fee owner of
this property.
� Upon questions of Vice Chair Wencl, Ms. Drummond said rezoning does not necessarily entail
development of the site and this woufd simpiy change the zoning classification for the property. She stated
Mr. Eitei has indicated he would like to develop a repair facility and i4 so, he would have to apply for a
Speciai Condition Use Permit and it would also need to go through a site plan review. Ms. Drummond
further stated the arrangement is that the State would be acquiring from Mr. Eitel the southern two thirds
of the property. She expiained that includes the wetland which therefore would not become an issue as
the wetland would be preserved being on State-owned property.
u
Upon question of Commissioner Faricy, Assistant City Attorney Peter Warnes said the {etter from the State
was written as his prompting to staff because of the status of the property presently is tax exempt, and in
reading the letter he is satisfied there is no problem going forward with the rezoning.
At the question of Commissioner Kramer, Donna Drummond said with the southern parcel ofi 195 feet sofd
back to the State, according to the pfat map Mr. Eitei will retain a total of 26,4Q0 square feet.
Upon question of Commissioner Vaught, Ms. Drummond stated although she did not investigate what the
properties are zoned for in the area immediate{y north across Larpenteur in Maplewood, she reviewed the
existing land use which is a gas station and which she believes to be zoned commercial in the Mapiewood
Zoning Code. She fuRher stated that the closest 6-3 zoning in Saint Paul is immediately across Interstate
35-E to the east.
tlpon question of Commissioner Kramer, Donna Drummond stated part of site to the west is vacant land
and ii is zoned residentiai.
Richard Eitel (4268 Pond View Drive, White Bear, Minnesota), appeared and said the State is acquiring
the south portion of his land along with the property to the west, which includes the house shown on the
slides presented by Ms. Drummond. �
�
Zoning Committee Minutes
March 19, 1998
Richard Eitel(98-027}
Page 7wo
l�- 55z
Commissioner Kramer asked Mr. Eitel why he was requesting to rezo�e a portion of land that he wifl no
longer own. Mr. Eitei explained it was determined by City staff it wou{d be the only way to proceed since
it is currently one parcel until the sale of the southern portion to the State is finalized. He said he is in the
process ofi settling the contract for deed, but didn't realize that was a probfem untii staff informed him.
No one appeared in support or opposition, and the public hearing was ciosed.
Commissioner Faricy moved approvai of the staff recommendation, and the motion was seconded by
Commissioner Ghavez.
Commissioner Kramer expressed concerns that rezoning to a B-3 allows a multitude of uses in that vicinity,
that rezoning would leave a potential B-3 parce{ vacant, and his greatest concern is that he believes
approving this request is spot rezoning.
Commissioner Vaught said he will be voting against the motion because he also believes this is spot
rezoning.
There was no further discussion, and the motion was called.
Adopted Yeas - 5 Nays - 2(Ksamer, Vaught}
•
Drafted by:
,
Pattie Keiley
Recording Secreta
Submitfed by:
Approved by:
�a�� Viw�c.�^z�
Donna Drummond
Northwest Quadrant
Barbara Wencl
Vice Chair
�
9�- 55Z
•
ZONING COMMITTEB STAFF REPORT
FILS # 98-027
1. APPLICANT: EITEL, RICHARD E. DAT$ OF HEARING: 03/19J98
2. CZ,ASS2FICATION: Rezoning
3. LOCATION: Southwest corner of Larpenteur Ave. and Interstate 35E
frontage road
4. PLANNING DISTRICT: 6
5. LEGAL DBSCRIPTION: Section 19 Town 29 Range 22 subject to Hwy part of W
1/2 of NE 1/4 of NE 1/4 N of Wheelock Pkwy in Sec 19 TN 29 RN 22
6, PRBSENT ZONING: R-2 ZONII3G CODE REFERENCE: §64.400
7. STAFF INVSSTIGATION AND REPORT: DATE: 03/11/98 SY: Donna Drummond
8. DATE RECEIVED: 02/02/98 D$ADLINE FOR ACTION: 04/14/98
----------------------------------------------------------------------------
-----------°--------------------'---------------------------------------
A. PIIRPOSIs: Rezoning to a11ow construction and operation of an auto repair
facility.
� B. PARCSL SIZE: The property to be rezoned has 240 feet of frontage on
both Larpenteur Avenue on tkte north side and Wheelock Parkway on the
south side, and is 285 feet in depth for a total lot area of 68,400
square feet (1.57 acres).
C. EXISTING LAND IISE: The property is vacant and contains a small pond in
the southeast corner.
D. SIIRROIINDING LAND IISB:
North: Gas station and single-family homes in Maplewood.
East: Interstate Higtiway 35-E and commercial uses beyond in a B-3
zone.
South: Mississippi Creative Arts Magnet Sahool in an RM-1 zone.
West: Vacant property on Larpenteur Ave. and single-family homes
on Wheelock Parkway in an R-2 zone.
E. ZON2NG CODE CITATSON: Section 64.400(a) states in part that "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 planning
commission may, from time to time, review district boundary lines to
determine if, pursuant to state laws, such district boundary lines
should be changed."
, Section 64.�00(b) states in part 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 progerty to
Zoning File #98-027 .
Page Two
be rezoned."
F. HISTORY/DISCIISSION: In 1992, Richard Eitel applied for site plan
approval to fill the property. The site plan was not approved because
it would have eliminated a wetland.
G. DISTRICT COIINCIL RECObff�fENDAT20N: The District 6 Planning Council voted
to support the rezoning petition. However, they will consider the
proposed use for an auto repair facility separately when there is an
application for a special condition use permit. In addition, staff had
received no calls or correspondence in opposition to the rezoning
petition at the time this report was written.
H. FINDINGS:
1. Richard E. Eitel is the contract purchaser of the property. The State
of Minnesota is listed as the fee owner, and Mr. Eitel is paying Ramsey
County, which holds the property in trust for the state, annual
installments toward the purchase of the property. The City Attorney's
office is investigating whether Ramsey County or the State of Minnesota
must co-sign the rezoning petition for the application to proceed. The
City Attorney's office has recommended that the Zoning Committee
consider the petition, with the understanding that the appropriate fee
owner must sign the rezoning petition before final action can be taken
by the City Council. �
2. Mr. Eitel intends to construct and operate an automobile repair facilzty
on the northern 90 feet of the property, the portion that fronts on
Larpenteur Avenue. He has also stated that he will be acquiring 20 feet
of Larpenteur Avenue right-oE-way from the state for a total of 110 feet
to be developed. He intends to sell the remaining property, the
southern 195 feet of the lot, to the State of Minnesota to accommodate
stormwater runoff from Interstate Highway 35-8. The rezoning petition
is requesting that the entire property be rezoned to B-3.
3. Section 60.544 (18) of the Zoning Code permits automobile repair
facilities as permitted uses subject to special conditions in the B-3
zoning district. The proposed site has the potential of ineeting all of
the required con@itions related to minimum lot size, landscaping, indoor
repair work, and outside storage.
4. The rezoning is consistent with the comprehensive plan. Goals and
objectives of the District 6 Plan include the following: to encourage
the development of new housing and businesses (p. 21). In addition,
the Economic Development Strategy includes: 1) Objective #6, °ensure
sufficient land for future business growth"; 2) Policy #25, "the city's
land use plan should provide adequate land for industrial and commercial
development and expansion in order to increase the proportion of
commercial/industrial tax base^; and 3) Policy #z9, "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 activity" (pp. 17-18). -
98
� Zoning File #95-027
Page Three
5. The rezoning is consistent and compatible with the way the area has
developed. Across Larpenteur Avenue to the north oE the site is a gas
station, which is in Maplewood. The freeway frontage road and
Interstate 35-E are to the east. The soutfiern edge of the site fronts
on Wheelock Parkway, and across Wheelock aze the playfields for
Mississippi Creative Arts Magnet School. To the west of the site are
residential uses along Wheelock Parkway and vacant land zoned
residential along Larpenteur Avenue.
In addition, there is a significant amount of traffic in the area.
Larpenteur Avenue carries 13,625 vehicles per day; the freeway frontage
road carries 6,825 vehicles per day; Interstate 35-E carries 135,225
vehicles per day; and Wheelock Parkway carries 5,000 vehicles per day.
Given this level of traffic, residential development of this site seems
unlikely, and rezoning to allow commercial development is compatible
with the way the area has developed.
6. The rezoning will not have an adverse impact on adjacent properties if
appropriate landscaping and screening is installed on the west side of
any development of the property to shield the residential uses there.
7. The applicant submitted a sufficient petition of two-thirds of the
property owners within one hundred (100) feet of the property stating
support for the rezoning (three parcels eligible, two required, and two
� signed).
2 STAFF RHC�bmfE'NDATION: Based on findings 1 through 7, staff recommends
approval of the rezoning petition, pending receipt of the signature of
the appropriate fee owner prior Co final approval by the City Council.
�
PETRION TO AMEND THE ZONING CODE
Department oJPlanning and Economic Dwe[opment
Zoning Section
II00 City Hall Annex
25 A'est Fourth Street
Saint Paul, MN 55102
266-6589
APPLICANT
PROPERTY
LOCATION
Property Owner /S �'ch.r.<C � • �%` �'/
Address ��<.i�!/�i�-���-i+��
City�f-r���irc-- Stlyi�Zip.f3"I/ a' Daytime phone �sy�7�E'6
Contact person (if different)
(.�jJ�NF.7l.
Legal descriptio�S�irrf Le��G
(aftach additional sheet if necessary)
TO THE HONORABLE MAYOR AND CITY COUNCIl:
Pursuant to Section 64.400 of t e Saint Paul Zoning Ordinance and to Section 462.357(5} of
Minnesota Statues, t�{ ,<<,�,.>_-� � Ft�( , the owner of a!I the land proposed
for rezoning, hereby petifions you to rezone the above described property from a
�-2 zoning district to a�s' — 3 zoning district, for the purpose of:
�U/✓jT7Lt.cT/�✓l✓ /1`Np OOb�'R-r1'�T7NC /f�N Ff F.1-Ci��T/
(aftach addifional sheef(s) if necessary)
Attachments: Req�ired site pian .� Consent
Subscribed and swom to
me this � day
2L��'�C�/� , 19�
�'Y A�davit � S
By: � �
„�,,,,,,,,. ee owner of property
K�NNeso�a Title: G�.�/vt�..�
COUNTY
Page '! of
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�
�
Notary Pubtic
9� 5 �z
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zoNrhT� r�xzTZOr�T surrzcz�r�TcY cz�cz: sz���
Tc�ZO\I�i'G SCIJY n'CUP
FIRST SUBMITTED
i
DATE PETITION SUBMITTED: '�"��- \U
bATE OFFICIALLY RfiCEIVED: `?'�!� 7�
PARCELS ELIGIBL&: �
PAfiCELS REQUIRED: o� _
PARCELS SIGNED:
CHECF:ED BY:
a
DATE PETITION I2ESUBMITTED:
DATE OFFICIALLY RECEIVED:
PARCELS ELTGIBLE:
PARCELS REQUIRED:
PARCELS SIGNED:
�N,J`� N LISV"i"'v �,
7�ATE: � ^�� � C
�ON(�� F�L� R�
C�
CITY OF SAINT PAUL
CONSENT OF ADJOINTNG PROPERTY OWNERS FOR A
REZONING
We, the undersigtte@, o�mers of the property �vithin ] 00 feet of tlte total contiguons description of real estate
owned, purchased, or sold by TH$ PETIT[ONER within one year preceding the date of this petition
acknowledge that we have been presented witii the fo(lo�ving:
A copy of the peiitiort of
to rezone the property Iocated
3r�
/ , C y q 2 C/ � � �t
(name of peti
at >-/� c- so .� r-! ,,,�f
from a U� zoning dis[rict to a�' - 'J� zoning district.
�
2. A cogy of sections ( 9! � through �G• s�i' , inciusive of the Saint Paul Zoning Code; and
ucknowlcdge thaf we are aware of aA of ti�e uses permitied in a�— 3 zoning district and we are
aware that any of these uses can be established upon City Council approvaf of tfie rezoning. t�'e hereby
consent to the rezoning oft8e propeRy in the petition of;
✓' /,° �^- � �' ��'� to a' �'— j zoning district.
(Name of petitioner}
Wc consent to the appraval of this rezoning as it was expIained to us by the
apPlicant or hislher representative.
�
�
�
days after it is received by the Ptaruiing Division. Any signator of this petition may withdraw his/her
name therefrom by written request within that time.
q �- 55a
(rITY 4F SAII�TT PAUL
� CONSEN'X' OF ADJOINING PROPERTY OWNERS FQR A
REZDNING
lF1e, the ursdersignad, owners of ihe property within lOti feet ofthe total configuaus description of real estate
owned, purcl�ased, or sotd by TH£ PETITfONER within one yeaz preceding the date of this petition
acknowledge that we have been presented wiYh the follorving:
1. A copy ofthe petition aP (/5 � t c /� qn, �J C' i��
(name of petitionerj
to rezone the property located at t� y s-� u r�,,,��
from a U� Z- zbning district to a lj � zoning district.
2. A copy of sections � d. yl / throvgh 6Q�Sy� , inclusive ofthe Saint Paut Zoning Code; and
acknotivledge that �ve are a�irare of aI! of the uses permitted in a T3 -- 3 zonin� dist�ict and we are
aware that any of these uses can be estafilished upon City Couneil approvat of the rezoning. We hertby
consent to the rezoning of the Qroperty in E�te petitioa of;
U� ! G!� .rn �/ C��f�'� to 9
' .�'v3 zoningdisErict,
(Name of petitionerj
Wc consent to the approval of this rezaning as it �vas exglained to us by t�ae
. ap�Iicant or his/her represetttative.
r•
� lGy9-za-�z-2� �' ,�j� ��.�-Le-�,T.Z �
v Z�7 wdF�uzY e�sf trG i� __ ��(rl�h '� ^,� �`�l5
�
� S ` '
NOTE: Th�s petstion shali.not be considered as officially fiied un#i2 ttie lapse of seven (7) working
. days after it is received by the Planning Division. Any signator oftius petitian may withdraw bislher
name there&om by written, request within that time.
.: ,
AFFIDAVIT
OF PERSON CIRCULATING TFiE CONSENT PETITION
STATE OF MINNESOTA)
COUNTY OF RAMSEY
�.Xy
�( i�y,n,L�/ ��'/ , being first duly swom, deposes and states that he/she is
the person who circulated the consent petition consisTing of _ pages; that affiant represenYS Yhat
the parties described on the consent petifion are all the respective owners of the properties placed
immediately before each name; that affiant is informed and believes that each of the parties
described on the consent petition is an owner of the property which is within 100 feet of any property
owned, purchased, or sold by petitioner within one (1) yeaz preceding the date of this pefifion which
is contignons to the properiy described in the petition; that none of the parties described in the
consent petition has purchased or is purchasing property from the petitioner that is contiguous to the
property described on the consent petition within one (1) yeaz of the date of the petition; that this
consent was signed by each of said owners in the presence of this affiant, and that the signatures aze
the true and cosect signatures of each and all of the parties so described.
� �
NAME ,
y 2�� ✓�<tfl/.�—
���'�'�'��fry � 6/ilf'V S�'!� d
ADDRESS �
�5 3-7G6,6�
TELEPHONE NUVIBER
Subscribed and sw to before me
this � day of , 19�
�
OTARY PUBLIC
. •
a , N � OCQZ'4£�ue�sandx3'wwa'J�W
RICHARD W. COPELAND AlNflO� NOI�JNIHSHAA�
hOTARYPU6UC tl10S3NNIW-9118t1dAtltlli<1':'_,'�
�� WASHWG70N COUNN UMf13d00'MdFlVHOIb
' � ` �My Comm. E�i� Jan.31, Z000 °
a •
i
•
Page of �
iri�v�
q �- 5s2
�
PETITION TO REZONE
AFFIDAVIT
OF PETITIONER
STATE OF MINNESOTA)
SS
.
, �Zil i fi � �i7 �7 : s_ 1 �� � �
The petitioner, tf.iG�uy.d ��/ , being first duly sworn, deposes and
states that the consent petition contains signatures from at least two-thirds ('/a) of all eligible
properties within 100 feet of a11 property owned, purchased, or sold by petitioner within one (1)
year preceding the date of this petition which is contiguous to the properry described in ihe
petition; petitioner is informed that the consent petition must contain signatures from each and all
owners of jointly-owned property in order to constitute consent from that property and that
failure to obtain consent from each and al] owners could invalidate the consent petition;
petitioner belaeves that the consent petition was signed by each of said owners and that the
signatures are the true and conect signatures of each and all of the parties so described.
NAME
G�Z�£f��.�/(/i��n:vu� ��/���'
ADDRESS
�3"3-7��.�
TELEPHONE NUMBER
Subsc ' ed and s to before me
this day of , 19�
\ .'L�L��/
OTARY PUBLIC , .
� RICHARD W. COPELAND Page of
'� NQTARYPUBUC—MINNESOTA
��„ WASHINGTON COUNN
My Coenm. fxWresJan.31.2000
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1061 Rice St.
February 26, 1998
Mr. John Hardwick
PED
Zoning Section
1100 City Hali Annex
25 W. 4th St.
St. Paul, MN 55102
Dear John:
St. Paul, MN 55117
Phone 612 488-4485
Fax 612 488-0343
��'� ` �� �r`1
• � ...
...� . ...•
L {�'
The District 6 Planning Council received a request from Richard Eitel to rezone the
property at the Southwest Corner of Larpenteur Ave. & 35E from R-2 (Residential) to
` B-3 (General Business)
On Wednesday, February 25, 1998 the Land Use 7ask Force of the District 6 Planning
Council moved, seconded, and passed this request.
If you have any questions, please feel free to give me a call.
C I�
Kathy Col
Executive
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PURPOSE /� E�O� �� � ��� zoning district bourxiary
FtLE # V �� DA7E � v / , � �+ � subjed property north �
_ - - - - - ---- - `
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A'ITOR\'EY GENERAL
Donna Drummond
Departrnent of Planning
and Economic Development
City of St. Paul
25 West Fourth Street
St. Paul, MN 55102
Re: Richard E. Eitel Property
Dear Ms. Drummond:
March 18, 1998
GOVERI�MENf SERVtCE$ SECffON
52S PARK 51AEET
SU[CE2W
S[ P.4UL.MY55103dI06
TELEPHONE: (6/2) 29]-26M10
SENT BY FACSIMILE AND U S MAIL
� I am enclosing a copy of a parcel sketch of land owned by Mr. Richard Eitel, located at
the southwest corner of Laipenteur Avenue and Interstate 35E. The State is acquiring all but tl�e
northerly 90 feet of this property. The northerly 90 feet to be retained by Mr. Eitel, is shown in
blue on the parcel sketch. A description of the land to be acquired by the State, containing 1.06
acres, is attached and captioned "Fee Acquisition - Description for Stipulation," and outlined in
red on the parcel sketch.
In addition, the State has agreed to reconvey to Mr. Eitel a 20-foot strip along his
northerly boundary, containing O.11 acres, which is shown in yellow on the parcel sketch. A
legal description of this 20 foot strip is attached and captioned "Description far Reconveyance."
Mr. EiCel and the State have agreed that if the State should need to acquire, in the future,
the easterly 40 feet of his property, he will convey that to the State for a nominal fee of one
dollar. That easterly 40 feet is designated by a cross-hatch on the parcel sketch and described in
the attached sheet labeled "DescriptSon for Option."
The State �vill file a condemnation award on March 20, 1998, setting forth the terms
described in this letter.
,
Facsimile: (612) 297-1235 • TTY: (612) 282-2525 • TolL Free Lines: (8�0) 657-3787 (Uoice), (800J 366-48 (? (TTY)
An Equal Oppor[uniry Empioyer Who Values Diversity i�� Prin[ed on 50% recycled paper (IS% post consumer content)
STATE OF MINNESOTA
OFFICE OF THE ATTORNEY GENERAL
4.-.:..
Ms. Donna Drummond
March 18, 1998
Page 2
The State is aware that Mr. Eitel has requested the City to rezone his properiy for
commercia[ use. The State has no objection to this rezonin�, and understands that he will use flie
90 feet retained plus the 20 feet reconveyed for a commercial purpose.
If you have any questions regarding the above, please feel free to contact me.
Very truly yours,
,�'�`.�.. K� �,�.�,a-
LOUIS K. ROBARDS
Assistant Attorney General
(612}296-6673
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March 13, 1998
6280390.904
FEE ACQUISITION
DESCRIPTiON FOR STIPUlRTIOtJ
Parcel 390 C.S. 6280 (35E=390} 904
That part of Tract A described befow:
Tract A. The West Half of the Northeast Quarter of the Northeast Quarter of
Section 19, Township 29 North, ftange 22 West, Ramsey County,
Minnesota; except that part taken for street; also except that part lying
south of Wheelock Parkway and west of a line formed by the easterly line
of Lot 6, Block 11, Dawson's Lake Como and Phalen Avertue Addition to
the City of St_ Paul, extended north to Wheelock Parkway, the title thereto
being registered as evidenced by Certificate of Title No. 31383;
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which lies southerly of a line run parallel with and distant 155 feet southerly of the north �
line of said Section 19 and westerly of a line run paraffel with and distant 340 feet
westerly of Line 1 described below:
Line 1. Beginning at a point on the north line of said Section 19, distant 740.2 feet
west of the northeast corner thereof; thence run southerly at an angle of
92 degrees 14 minutes 00 seconds from said north section iine (measured
from west to south) for 600 feet and there terminating;
containing 1.06 acres, more or less;
together with at► rights of access, being the right ot ingress to and egress from ihat part
of Tract A hereinbefore described, not acquired herein to Trunk Highway No. 35E.
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9B�55Z ��_
• March 13, 1998
6280390
DESCRIPTION FOR RECONVEYANCE
Parcel 390 C.S. 6280 (35E=390) 904
That pa�t of Tract A described below:
Tract A. The West Half of the Northeast Quarter ofi the Northeast Quarter of
Section 19, Township 29 North, Range 22 West, Ramsey County,
Minnesota; except that part taken for street; aiso except that part lying
� south of Wheelock Parkway and west of a line formed by the easteriy line
of Lot 6, Block 11, Dawson's Lake Como and Phalen Avenue Add'+tion to
the City of St. Paui, extended north to Wheeiock Parkway, the title thereto
being registered as evidenced by Certificate of Title No. 31383;
which lies between two lines run parailel with and distant 45 feet and 65 feet southerly
of the north line of said Section 19 and distant 340 feet westesiy of Line 1 described
� below:
Line 1. Beginning at a point on the north line of said Section 19, distant 740.2 feet
west of the northeast corner thereof; thence run southerly at an angle of
92 degrees 14 minutes 00 seconds from said north section line
(measured from west to south) for 600 feet and there terminating;
containing 0.11 acre, more or less.
.
,!,
March 13, 1998
628Q390
DESCRiPTION FOR OPTION
Parcel 390 C.S. 6280 {35E=390) 904
That part of Tract A described below:
Tract A. 7he West Half of the NortheasT Quarter of the Northeast Quarter of
Section 19, Township 29 North, Range 22 West, Ramsey County,
M+nnesota; except that part taken for street; also except that part lying
south of Whee(ock Parkway and west of a Iine formed by the easteriy line
of Lot 6, Block 11, Dawson's lake Como and Phalen Avenue Addition to
the City of St. Paul, extended north to 4Vheeiock Parkway, the title thereto
being registered as evidenced by Certificate of Title No. 31383;
.
which lies between two lines run paralle! with and distant 45 feet and 155 feet southeriy
of the north fine of said Section 19 and between lines run parailel with and distant 340
feet westerly and 380 feet westerly of Line 1 described below:
Line 1. Beginning at a point on the north line of said Section 19, distant 740.2 feet �
west of the northeast corner thereofi thence run southerly at an artgle of
92 degrees 14 minutes 00 seconds from said north section line (measured
from west to south) for 600 feet and there terminating;
containing 0.10 acre, more or less;
together with all right of access, beirtg the right of ingress to ar�d egress from that part
of Tract A hereinbefore described, not acquired herein to Trunk Highway No. 35E and
to Larpenteur Avenue.
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TO THq IiONWtA�{.E MAYOR ANO GITY COUHCI6:
Panuwnt to 8e.aan 04�� � at the samt Paut ZanZng Ordttt�nae s�nd to 8ect4on 4s2,35�('S) ot
MlnnvaotM 8t�tuus, �,�.. � Ftf,rj , the owne� ai ali the lond propoa�d
ior ra�on;nq, ttetiby patlt opl t yau ta rt n� kht a6cve dato�hsd prapatqr irosn a
A� Y-2 zanin� d4�t�iG to s �'� tonfr� dlttrfct, fo� thb putpo3s of:
('o�vsf►y° cr��d r�b o9rn�77nr9 .f� ��trr R.i7l�t.c F,Kis r7'r
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TIYI�; �+^�d'�.�
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Not�ry Pub!i�
DEPARTNENT OF P[.AN?iI\G
& ECONOMIC DEVELOPMENT
Pamela fYheelock Director
CITY OF SAIN'I' PAUL
Norm Co[eman, Mayor
Memorandnm
DATE:
TO:
FROM:
RE:
Mazch 26, 1998
Planning Commission
25 Wut Fourth &reet Telephone: 672-266-6655
Sairt� Paui, MNSSIO2 Facsimile: 612-228-3261
Donna Drummond, Planning Staff QO�r���^^^w'ri�`�1
Zoning File #98-027: Richard E. Eitel Rezoning - Additional Information
Three items of additional information:
1) A letter (attached) from the Minnesota Dept. of Transportation, received Monday, Mazch 23,
stating that it has no major concems as an adjacent landowner regarding the rezoning. However,
Mn/DOT lists the review procedwes and requirements that must be followed for development of
property adjacent to Mn/DOT right-of-way.
2) Several members of the Zoning Committee, at its pnblic hearing on this case on March 19,
requested additional information regarding the zoning of the proper[y north of Larpenteur Ave.
in Maplewood. 'The attached maps show the zoning in both Maplewood and St. Paul. Also, the
St. Paul map indicates additional lots west of the Eitel property that the State is seeking to
acquire for additional stormwater drainage. This information is from Mr. Eitei, and I have not
yet been able to independently verify this with the state.
3) A Planning Commission policy from 1984 regarding rezonings and subsequent special condition
uses on the rezoned property has been brought to my attention since Yhe Zoning Committee
meeting. This policy allows the planning administrator to administratively approve a speciai
condition use pertnit for properry that has been tezoned, if the special condirion use is the same
that was proposed at the time of the rezoning. This policy is meant to eliminate the necessity for
the Zoning Committee to hold two pubIic hearings for the same development. In cases such as
this, it is customary for the Planning Commission resolution to include a fmding that states likely
condirions for the special condition use permit should the rezoning be approved by the City
Council. The staff can then refer to the resolution to establish conditions for the special
condition use permit that is adminstratively issued. There is also a reduced fee for the app]icant
for an administratively issued SCUP.
Staff recommends adding the following language (in italics) to Finding 3 of the Planning
Cotnmission resoturion;
3. Section 60.544 (18) of the Zoning Code permits automobile repair facilities as permitted
uses subject to speeial conditions in the B-3 zoning district. The proposed site has the
potenrial of ineering all of the required conditions related to minimum lot size,
landscaping, indoor repair work, and outside storage. If the rezoning is approved fiy the
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9 �- 55Z
Planning Commission
• March 26, 1998
Page Two
City Council, a special condition use permit will be required. The planning commission
amended its rules ofprocedure in 1984 (Resolution 84-23) to delegate authoriry for the
approval of special condition use permits to the planning administrator in cases where
public hearings have been held in which the commission has recommended, and the city
council has approved, a rezoning specifically for a special condition use. The use of the
property for an au[omobile repair facility must meet all the required conditions related
to minimum lof size, landscaping, indoor repair work, and ouuide storage. In addition,
the following additional conditions should be required:
a. Only customer vehicles and employee vehicles of ihe permiftee may be parked on
the tot. This condition is intended to prohibit tong term storage of vehicles on
the lot.
b. All vehicles parked outdoors on the lot sha11 be completely assembled with no
parts missing. Vehicle salvage is not permitied.
Attachments.
cc: Ken Ford, Planning Administrator
Richazd E. Eitel
Dishict 6 Planning Council
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Minnesota Department ofTransportation
Metropoliian Divisio�
Waters Edge
1500 West County fload B2
Roseville, MN 55113
March 13, I998
Donna Drumrnond
City of St. Paul Zoning Office
25 West Fourth Street
Saint Paui, MN 55102
Dear ponna Drummond:
SUB7ECT: Public Hearing Norice Review
Richazd Eitel Rezoning
Southwest Quadrant of Trunk Highway (TI� 35E and Lazpenteur Avenue East
Saint Paul, Ramsey County
C.S. 6280
The Minnesota Department of Transportation (Mn/DOT) has reviewed your request for comment
regazding a rezoning to allow construction and operation of an auto repair facility at TH 35E and
Lazpenteur Avenue East. We have no major concems regazding the rezoning. FIowever, we would
like to take this opportunity to remind the city of certain stipulations regazding development of
property adjacent to Mn/DOT right of way.
• If property adjacent to Mn/DOT right of way is to be platted, the preliminary plat must be
submitted to us for review, along with a site pian and grading and drainage plan if prepazed.
This must occur before we will issue any permits.
• We require a Mn/DOT access permit for access to or across state highways or right of way,
including Mn/DOT owned frontage roads. A change in the intensity or type of use of an
existing entrance also requires a pernvt.
• We require a Mn/DOT stormwater drainage permit for any change in rate of runoff to trunk
highway right of way, or any alteration of trunk highway storm water drainage systems.
• Any other use of or work within Mn/llOT right o£way, including but not limited Yo grading,
utility work, and landscaping, also requires a permit. The permit necessary depends on the
nature of the proposed work.
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An equal opportunity employer
98-55
Donna Dnimmond
a March 13, 1498
page two
Please send copies of proposed plats and site plans to Sherry Narusiewicz, Local Government
Liaison Supervisor, at the above address. Questions regazding permit applications may be
directed to Bill Warden of our Pernrits Section at 582-1443.
Please contact me at 582-1654 with any questions regazding this public notice review.
Sincerely,
Scott Peters
Senior Transportation Planner/Local Govemment Liaison
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SENT BY FACSLMLL''�l�S- MAIL
Donna llrammond
Departmcnt of Planning
and Fconomic llevelopment
C:ity of St. Yau!
25 WcSt l�ourth Street
St. Paut, MiV SS1U2
Ke: Richard E. Eitel property
Dear Ms. Urummond:
This is to confirm that the Minnesota Department of Transportation wi11 acyuire Lnts 12
throu�h 19, Dawson's Lake C:nmo a�ld Phelan Avenuc Addition. '1'he lots lie west of tlic Richard
Eitcl property. The State �vill acquire thvse eig6t [o(s (or draina�c purposcs rclatcd lo
Intcntatc 351s.
Very truly yours,
�� �/ � L � �
� L�-'.yc.�i �1 • f �.i: -L''tx'�t'�,�
LOUIS K. ROBARDS
Assistatlt Attorney General
(612) ?96-C(7.i
LISR:It
cc: Uan Voss
Richard F.itel
nc,.a�ae� �t
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fsse.imilc lbl?) 297• i?i$ • T7Y: l6l°1 ?8L?5?5 • Tult Pro: Linae: (Rf101 hi7-31R7 (k�ircl, IMX+I ;�+-a%� 12 (1'1"Y)
qn Gyu�l Oppo�wniq Gnptuyer Who Wlucs Divtniry Q,el i4iutcd un ]0�4 re�Y�lcl �u�x:r (1 S r�xn� roasumcr contcnt)
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3-38-1998 5:d6PM FR�M RICHARD EITEL
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To: District 6 Council Member's
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From: George & Robin Carter
Date: February 25, 199$
407 06d0 P� 1 C
�6^ .�.d7�
Zonin9 �,1� ��'�-Da7
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Re: Developmerrt on Wheelock Pxrkway & I.arpemeur Ave.
We are aware o£ the development project Mr. Eiriel is involved in My wife and I owa
the adjacent propezties on Wheelock Parkway and Larpenteur Ave, next to Mr. Eitiel's
new development site. We would like to state in this letter to the District 6 Council
Member's and to evesyone else involved, we do not feel that Mr. Eiteil's development
would pose a detetmeni to our community. W e also feel that Ms. Eiriel should be
allowed to pursue his plans to develop bas project.
�/J`�u�-syr� ��G�-^�-�
.
MN CHILDREN FOOD&NUTR Fax�612-297-7721
Zoning Committee
25 West 4�' Street
1300 City Hall Annex
St Paul, MN 55102
Attn: Donna Drummond
Dear Zoning Corr�mittee:
Rpr 1 '98 22�48
Z��ti,.�
I am writing to oppose the rezorting of the property 6eionging to Richard Eitel (zoning
fife # 98-027). t am fhe properfy owner adjacent to this property and changing the
zoning woutd decrease fhe value af my property (which I confirmed rerzntly with an
appraiser). Since my property is currently under negotiations regard'+rtg market value
I am greatly concemed over fhis potential rezoning. in addition, this area is a
residentia[ area and has a weUands iype area at the southern portion of Mr_ Eitel's
property, it is also across the street from an elementary school. All of these reasons
cor�trib�te to my opposi6on of building an auto repair facility. I also bel'teve that there
are a number of current(y existing types of facifities wifhin a one to two mile radius,
that indicate that another such type of facility is not needed.
When the properry was initially up for auction, I did inquire what type of use would be
allowed. Either singie or multiple residentiai units could be constructed was what I
was told, but [ was aiso told that the parcef was unsuitabie for much development.
! realize that this property has been under conten6on for several years, where it has
become very weed filled after aA of the trees were cut down. I also know that many
neighbors were opposed to the removal of the trees, especially since this property is
(ocafed on a Parkway. i hope you strongly consider fhis letter when you are making
your decisio�, since ( was unable to attend the hearing on March 19"'.
Respecttully yours,
�`E� - l�-sc�F'o
Susan K. Weeks
Property Owner
215 East Wheelock Parkway
St. Paui, MN 55117
P. Ol
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Aprii21,i998
S.P. 6280 (35E=390) 904
County of Ramsey
Parce1390
State vs. Richard E. Eitel, et al.
NOTICE OF AWARD
q,8- SSZ
612-296-8648
In the above entitled eminent domain proceeding, the Commissioners appointed by the District Court in the
above named county filed their report with the Court Administrator on April 14, 1998, wherein they made a
monetary awazd as full payment for the acquisition of Pazce1390 for trunk highway purposes as foilows (see
attachment).
The awazd of the court-appointed Commissioners may be appealed to the District Court by the State, or any
. party having an interest in the subject property, if the award or its conditions aze considered to be unsatisfactory.
If an appeal is taken, it must be filed with the Court Administrator of the above named county and a copy
thereof must be mailed to the Office of the Attorney General, Transportation Division, Suite 200, 525 Park
Street, St. Paul, MN5�103, within forty (40) days from Agril 14, 1998. The Notice oFAppeai must conform
with ail the requirements as set forth in Minnesota Statutes, Sec. 117.145.
Attention is called to the fact that this is merely a notice of the award of the Court-appointed Commissioners,
and in no way shall it be considered an offer nor an acceptance by the State relative to said award. The appeaI
period expires as of May 24, 1998.
Sincerely,
�����CG !/'�
Merritt Lm�e, . irecfor
Office of LancfManagement
Note: If you have esecuted an Agreement to tlteAmount of t1:eAward and Waiver ofAppeal Therefrom, or
have otherwise agreed to the amount of this award, the above provisions with regard to appeal
and the appeal period do not apply.
i
Minnesota Department of Tra�sportatio�
Transportation Buitding
395 John Ireiand Boulevard
Saint Paul, Minnesota 55155-1899
An equal coportuniry empioyer
��
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As to the lands described as Pazce1390, S. P. 6280 (35E=390) 904:
Richazd E. Eitel
Ciry of St. Paut
Staie of Minnesota
for
County of Ramsey
Bertha Spreigl
���
)
)
) R 350.000
)
)
)
;1 _.
State ofMiunesota )
Department of )
Natural Resources ) NONE
The above award is made on the basis and condition of a settlement beYween the parties
and includes all costs, intetest, and disbursements.
The above award is made on the basis and condition that all claims made in the case of
R;ch�rd P Fitel v C�t�t,y of St Paul a municiga] corooration and the State of Minnesota.
d nts and Third Partv Plaintiffs vs Countv,�f Ramsev T'hird-Partv Defendant, Ramsey
County Court file no. C2-92-01 I924, aze settled and resolved with the &ling of this awazd, and
said action shall be dismissed with prejudice.
The above award assumes that the above-referenced properry is &ee of all pollutants,
contaminants and hazardous wastes. Ttus commission has not assessed any damages for the
presence of po(lutants, contaminants, and hazardous wastes on the subject properry:� This award
is made with the express understanding that the petitioner, State of Minnesota, has reserved all
rights to recover damages, testing costs, and clean-up costs attn`butable to the existence of
pollutants, contamiaants, or hazardous wastes on the property from the respondent in a sepazate
tegai action. The commission has not considered the unpact of pollntants, contaminants, and
hazardous wastes on the fair mazket value of the subject property either before or after the taking
in its assessment of damages.
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� The above award is made on the basis and condition that all real estate taxes due and
payable in 1448 or in prior yeazs are the responsibility of the owner and that all delinquent taxes,
unpaid special assessments and future instalIments thereof are also the responsibility of the
owner or lessee herein_
The above award is made on the basis and condition of a change in the taking which
reduces the taking to the lands described in Exhibit A attached hereto.
The above awazd is made on the basis and condition that the State of Minnesota wiil
convey to Richazd E. Eitel, without further consideration, its easement over the lands described
in attached Er.hibit B.
98-�SZ
The above award is made on the basis and condition that Richard E. Eitel shali provide to
the State of Minaesota an option to purchase, for one dollar, the easterly forty feet of the lands
described in Exhibits A and B attached hereto, said easteriy forty feet being specifically
described in Exhibit C, attached hereto.
•
Excepting all minerals and reserving to State of Minnesota, Department of Natural
Resources, owners of the minerals, their heirs, successors, and assigns, the rights, and privileges
to explore for, znine, and remove the minerals, but only in such manner that will not interfere
with the use of said land for highway purposes or with the safe and continuous operation of any
public highway thereon, provided the mineral owner reserves the right to relocate the highway at
the mineral owner's exgense pursuant to Minn. Stat. § 160.10 as such may be amended.
AG:42800 v I
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SEVT BY�RiV/DOT LAND MAriAGEMENT: 4-27-98 : 12�49 :
March 13, 'I998
fi280390.904
FEE ACQUISfTION
DESCRIPTION FOR S71PUl}l710N
Parce1390 C.S. 628� (35E=390) 904
That part of Tract A described 6elow:
� 6122283261:� 2! 4
Tract A. The West Half of the Northeast QuaRer of the Northeast Quarter of
Section 99, Township 29 North, Range 22 West, Ramsey County,
Minnesota; except that part taken for street; alsa except that part lying
south of Wheelock Parkway and west of a line formed by the easterly line
of Lot 6, Block 11, Dawson's lake Como and Phaten Avenue Addition to
the City of 5t. Paul, extended north to Wheelock Parkway, the tit(e theretc
being registered as evidenced By Certificaie of Title No. 31383;
which lies southerly of a lirte run paraile] with and distani 155 feet southerly of ihe north
(ine of said Sectiort 19 and westerly oP a lirte run parallel with and distant 340 feet
westerly of Line 1 described below:
line 1. Beginning at a paint on the nofth line af said Section 19, distant 74D.2 feet
west of the northeast corner thereof; thence run southeriy at an angie of
92 degrees 14 minutes 00 seconds from said north section line (measured
f�om west to south} For 600 feet and there termina2ing;
containing 1.�6 acres, more or less;
together with all rights of access, being the right of ingress to and egress from that part
of Tract A hereinbefore described, not acquired herein to Trunk Highway No. 35E.
Exxrszm a
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SE\T BY��1VlDOT LAND MANAGFAIF_NT: 4-27-98 : 12�49 :
6122283261�� 3/ 4
�8- 55Z
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March 13, � 998
6280390
DESCRlPT10N FOR RECONVEYANCE
Parce1390 C.S. 6280 (35E=390) 904
�
That part of Tract A described belaw:
Tract A_ The West Haif of the Northeast Quarter of the Northeast Ouarter ofi
Section 19, Township 29 NoRh, Range 22 West. Ramsey County,
Minnesota; except that part taken for street; also except that part lying
• south of Wheelock Parkway and west of a line formed by the easterly line
of Lot 6, Bfock 11, Dawson's Lake Como and Phalen Avenue Addition to
the Gity of St. Paul, extended no�th to Wheelocic Parkway, the title thereto
being registered as evidenced by CeRificate of Title No. 31383;
which lies between two lines run parallel with and distant 45 feet and 65 feet southerly
of the north line of said Seciion 19 and distant 340 feet westerly of L'+ne 1 described
below.
Line 1. Beginning at a point on the north line of said Section 19, distant 740.2 feet
west of the noriheast cornerthereof; thence run southerfy at an angle of
92 degrees 14 minutes 00 seconds from said north section line
(measured from west to south) for 600 fieei and ihere terminating;
containing 0.71 acre, more or less.
EXFFIBIT B
•
SF1VT BY�MN/DOT l.aND MAVAGEM6'VT: 4-27-98
March 13, 1998
6280390
12�50 :
61222832fi1�# 4! 4
�
DESCRiPTtON FOR OPT1aN
Parcel 390 C.S. 628� (35E=390} 9Q4
That part of Tract A described below:
Tract A. The West Haif of the Northeast Quarter of the Northeast Qua�ter of
Section 19, Township 29 North, Range 22 West, Ramsey County,
Minnesota; except that part taken for street; also except tfiat part lying
south of Wheelock Parkway and west of a line formed by the easterly tine
of Lot 6, Btock 11, Dawson's Lake Como and Phaien Avenue Addition to
the City of St Paul, extended north to Wheelock Parkway, the title thereto
being registered as evidenced by Certificate of Title No. 31383;
which lies between two lines [un paraltel with and distant 45 feet and i 55 feet southerly
of the north tine of said Section 19 and between Iines run para((el with and distant 340
feet westerly and 380 feet westerfy of Line 1 described below:
Line �. Beginning at a point on the north line of said Section 19, distant 740.2 feet
west of the northeast corner ihereofi thence run southedy at an angle af
92 degrees 14 minutes 0o secands from said north section line (measured
from west tn south) for 600 feet and there tertninating;
containing 0.1 Q acre, more or less;
together with a!1 right of access, being the right of ingress to and egress from that part
of Tract A hereirr6efore described, not acquired herein to Trunk Nighway No. 35E and
to LarpenteurAvenue.
EXBI$2T C
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Council File # � 5 5 e�
ORfGI�#qL
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Presented By
ordinance #
Green sheet #
ORDINANCE
SAINT PAUL, MINNESOTA
aE�r
Referred To I/ Committee: Date
1 ' '�N
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0
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An ordmance amendmg Chapter 60 of the Samt Paul Legislahve
Code pertaining to zoning for the Ciry of Saint Paul and the
zoning maps thereof:
WHEREAS, Pursuant to Minn. Stat. §462357 and Saint Paul Legislative Code §64.400, Richard E.
Eitel peritioned to rezone properry at the southwest comer of Larpenteur Avenue and the Interstate 35-E
frontage road (west side of freeway), as legally described in Section 1 below, from R-2 (single-family) to B-3
(general business) in order to allow construction and operation of an auto repair facility, the said perition
having been certified by Planning Staff on February 11, 1998, as hauing been consented to by at least sixty-
seven percent of the owners of the area of the property to be rezoned, and fiuther 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 preceeding the date of the petition; and
WHEREAS, The Zoning Coxnmittee of the Planning Commission on February 19, 1498, held a public
hearing for the purpose of considering the rezoning petition, and pursuant to Saint Paul Admnustrative Code
§ 107.03 submitted a recommendation to the Planning Commission that the petition be granted; and
WHEREAS, The Planning Commission considered the rezoning petition at its meeting held on
February 27, 1998, and reco�ended that the City Council approve the petirion; and
WHEREAS, notice of public hearing befare the City Council on the said rezoning petition was duly
published in the official newspaper of the City on April 17, 1998, 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 Council having been conducted on May 6, 1998, where
all interested parties were heard, the Council having considered a11 the facts and recommendations concezning
the petition; NOW, THEREFOItE,
THE COUNCIL OF THE CITY OF SATNT PAUL DOBS ORDAIN:
Section 1.
That the zoning map of the City of Saint Pau1, Sheet Number 5, as incorporated by reference in §60301 of
the Saint Paul Legislative Code, as amended, is hereby further amended as follows:
bsi rt
That property at the southwest corner of Larpenteur Avenue and the Interstate 35-E frontage road (west side
of freeway), being more particularly described as:
43
44
45
46
47
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ORI�lNAL
That part of of Tract A described below:
�� .ssa-
Tract A. The West Half of the Northeast Quarter of the Northeast Quarter of Section 19, Township 29
North, Range 22 West, Ramsey County, Minnesota; except that part taken for sh aiso except
that part lying south of Wheelock Pukway and west of a line formed by the easterly line of Lot
6, Block 11, Dawson's Lake Como and Phalen Avenue Addition to the City of St. Paul,
extended north to Wheelock Parkway, the ritle thereto being registered as evidenced by
Certificate of Title No. 31383; except that part which lies southerly of a line run pazallel with
and distant 155 feet southerly of the north line of said Section 14 and westerly of a line run
parallel with and distant 340 feet westerly of Line 1 described below:
58 Line 1.
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60
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62
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Beginning at a point on the north line of said Section 19, distant 7402 feet west of the northeast
corner thereof; thence run southerly at an angle of 92 degrees 14 minutes 00 seconds from said
north section line (measured from west to south) for 600 feet and there terminating;
containing 1.06 acres, more or less;
together with all rights of access, being the ri�t of angress to and egress from that part of Tract A
hereinbefore described, not acquired herein to Trunk Highway No. 35E; and
That part of Tract A described below:
Tract A. The West Half of the Northeast Quarter of the Northeast Quarter of Section 19, Township 29
North, Range 22 West, Ramsey County, Minnesota; except that part taken for street; also except
that part lying south o£ Wheelock Parkway and west af a line formed by tha easterly line of Lot
6, Block 11, Dawson's Lake Como and Phalen Avenue Addition to the City of St. Paul,
extended north to Wheelock Parkway, the title thereto being registered as evidenced by
Certificate of Title No. 31383;
which lies between two lines run parallel with and distant 45 feet and 65 feet southerly of the north line of
said Section 19 and distant 340 feet westerly of Line 1 described below:
Line 1. Beginning at a point on the north line of sa3d Secrion 19, distant 740.2 feet west of the northeast
corner thereof; thence run southerly at an angle of 92 degrees 14 minutes 00 seconds from said
north secrion line (measured from west to south) for 600 feet and there terminating;
2
3 containing 0.11 acre, more or less;
be and is hereby rezoned from R-2 (single-family) to B-3 (general business).
96 Section 2. Lt �� S S a`
97
98 That this ordinance shail take effect and be in force thiriy (30) days from and after its passage, approval
99 and publication.
ORIGINAL
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Adopted by Council: Date`;�����
Adoption Certi£ied by Counai Se tary
By: �
Approved by Mag r: Da
By: �
Form App � d by City Attorney
a .+.t�—� !—/a � �'�
q g -SSy '�
' BE ON COUNCIL AGENDA E
As soon as possible
TEAM
on� iNrtwrEe
06/01/98
266-6556
GREEN SHEET
�vo 65151
U oE.,urre+.owF.croR. . rs ,i U cm,ca,�u._
0 ��.to-�st �
dIYATTORlEY CIfYCIFRK �
❑ F�iallUeiLtER1nCFSOtlt ❑ AIAtIC1AL8FJYVlnCCIC
� WYOrt1oR/.891.4TANn �
(CLIP ALL LOCA ONS FDR SIGNATURE)
TOTAL # OF SIGNATURE PAGES
NUMBERFOR
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Adopt an ordinance to finalize council approval of a petition of RIC�IARD E. EITEL to rezone property located
at the SOi7TFIWEST COI2NER OF Lt1RPENTEUR AVE. AND T�� IN�ERSTATE 35-E FRONTAGE
ROAD (no assigned address) from R-2 to B-3 (public hearing held May 6, 1998) .
PLAtJPlING COMMISStON
GB COMMITfEE
CNIL SERVICE COMMISSION
i50NAL5EKVICE CONSRACTS MUST ANSWE0. THE FOLLOWING (
Flas ihis Pe«�tm evH wdked untler a contract fw ihis departmeM'7
YES NO
Has Mie persoMfirm eve� heen a dty employee?
VES NO
Does this perso�rtn possess a sltill not rrortnallypossessetl by anY �� city emPloYee?
YES NO
Is this pelsofUfirm a tarpeted yendoR
YES NO
Finalize City Council approval of a petition of RICHARD E. EITEL to rezone property at the SOUTHWEST
CORNER OF LARPENTEUR AVE. AND THE INTERSTAT'E 35-E FRONTAGE ROAD fram R-2 (single-
family residential) to B-3 (general business) for the purpose of constructing and operating an auto repair
facility. .
�OU?`��dl �2SE?:iTCn ��'i "'r REG�}'�EI�
IF
IF
��� � � JUN 1 � 199�
�Arczs's o���c
�ED
DN f
.� - _�:;:
��.>;��.�.� �J
�,�Sd: �$ �3�3�
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COST/REVENUE BUDCETED (CIRCLE ON�
YES NO
SOURCE AC�MtYNUMBER
DEPARTMENT OF PLAN1�'ING
& ECONOMIC DEVELOPMENT
P¢meta WheelocF; Dirudor
CTTY OF SAIN'f PAUL
Norm Coleman, Mayor
Apri113,1998
Ms. Nancy Anderson
City Council Reseazch Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Deaz Ms. Anderson:
zs weczPowrh so-eer
Saint Paul, MN55101
q8-55z
Telephone: 612-2b6-6655
Facsimile: 612-228-3267
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday
May 6, 1998 for the following zoning case:
Applicant:
File Number:
Purpose:
Address:
RICHARD E. EITEL
#98-027
Rezone property from R-2 (single-family residential) to B-3 (general business)
for the pLUpose of conshucting and operating an auto repair facility.
Southwest corner of Larpenteur Ave. and I-35 E frontage road (west side of
freeway)
Legal Descriprion
of Property: On file.
Previous Action:
Planning Commission Recommendation: Approval, vote: unanimous, April 10, 1998
Zoning Committee Recommendarion: Approvai, vote: 7-0, Apri12, 1998
My understanding is that this public hearing request will appear on the agenda far the Apri122, 1998
City Council meefing and that you will publish notice of the hearing in the Saint Paul Legal Ledgex.
Please call me at 266-6556 if you have any questions.
5incerely,
� �
/� �
Donna DiUmmond
City Planner
cc: File #98-027
Paul Dubruiel
Pattie Kelly
. a�s� xNV, .
3POTICE OR P[1BLIC HEARIIiCr
\
�'the Saint Paul C1ty Council wi11 eondvM a public fiezring"o��"e'sday. May 6.
1998 at 5:30 g.m. in the Clty CouncIl Chambers, Third Floor CiTy Hall-Court House.
Yo consider the applicatbn of Idchard Eitel to rezone property from R-2 (single-family
rea3dentia,l) fo B3 (general business) the purpose of consWCt3ng and operating an
auto�repair facWty at the sovthwest comer of Larpenteur Avenue and I-35E firont�ge
road�!(west s3de of freeway). _ - _ . ,
Datedf Api31 15,_ 1998 _ _ _ . � - .
I+FANCYANDERSOFI ' � .
Assiat8nt Gti�y COUncfi SecFekarY �iil 17, 19981 "_ �
DEPARTME�IT OF PLAMVING
& ECONOMIC DEVELOPMENT
Pomel¢ WheeLock, Direcfar
I 1
� J
CITY OF SAIN'T PAUL
Norm Coleman, Mayor
Apri129, 1998
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Hall
Saint Paul, Minnesota 55102
2i Wut Fourlh Street
SaintPaul, MN55702
RE: Zoning File #98-027 RICHARD ETTEL
City Council Hearing: May 6, 1998, 530 p.m. City Council Chambers
q8
_ ��
Telephone: 672-266-665�
Facsimile: 612-228-3261
ET �pn�E: To consider rezoning property at the southwest corner of Larpenteur Ave. and the Interstate
35-E frontage road (west side of freeway) from R-2 (single-family residenria]) to B-3 (general business)
for the purpose of constructing and operating an auto repair facility.
• PT.ANNINC; C(�MMTSSiON RF,COMMF'1VDATTON: APpROVAL vote: unanimous
RONTN�OMMiTTEF RFC'OMMFNT)ATION: AppROVAL vote: 7-0
STAFF RP.C'nMMFNf)A'I70N: APPROVAL
�TTPPORT: No one spoke. District 6 Planning Council voted to support the rezoning. One letter of
supportreceived.
OPPOST'PInN• No one spoke. One letter in opposition received.
Dear Ms. Anderson:
.
RICfIARD EITEL submitted a petition to rezone properiy at the southwest corner of Larpenteur Ave. and
the Interstate 35-E frontage road (west side of &eeway). The Zoning Committee of the Planning
Commission held a public hearing on the proposed rezoning on March 19, 1998. The applicanf
adciressed the committee. At the close of the public hearing, the committee voted 5-2 to recommend
approval to rezone to B-2. The Planning Commission discussed the application at its meeting on Mazch
27, 1998, and referred the application back to the Zoning Committee for fiuther discussion. On Apri12,
1948, the Zoning Committee voted 7-0 to recommend approval of the rezoning. The Planning
Commission upheld the Zoning Committee's recommendation for approval on a unanimous vote on April
10, 1998.
This proposed rezoning is scheduled to be heard by the City Council on May 6, 1998. Please notify me
if any member of the City Council wishes to have slides of the site presented at the public hearing.
Sincerely,
l; (�rw���/"""""'"" T I
Donna Dnunmond
City Planner
Artachments
ca City Councilmembers
� 8- 55z
� city of saint paui
planning commissson resolution
fife number 98-26
�' te April 10, 1998
WHEREAS, RICHARD E. EITEL, Pile # 98-027, has petitioned fo rezone the southwest comer of
Latpenteur Avenue and the Interstate 35-E frontage road, a vacant parcel of approximately 1.68 acres,
situated between Larpenteur Avenue and Wheelock Parkway, from R-2 (single-family residential) to B-3
(general business) for the purpose of constructing and operating an auto repair faci]ity; and
WHEREAS, the Zoning Committee of the Planning Commission on March 19 and April 2, 1998, held a
public hearing 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 Legislative Code;
and
WHEREAS; the Saint Paul Planning Commission, based on the evidence presented to its Zoning
',Cocnmittee at the public hearing as substantially reflected in the minutes, made the following findings of
fact:
. .1. . Richard E. Eitel is the contract purchaser of the property. The State of Minnesota is listed as the
. •--fee owner,•and Mr, Eitel has been paying Ramsey County, which holds the ptoperty in trust for
the state, annual installments toward the purchase of the property. The City Attomey's office
has advised that both the State of Minnesota as fee owner, and Ramsey County as trustee, must
sign a waiver of any interest in the rezoning, or altematively, Mr. Eitel must pay off the coniract.
The City Attomey's office recommended that the Zoning Committee consider the petition, with
the understanding that these waivers be received by the City or Mr. Eitel complete purchase of
the property before final action is taken by the City Council. Subsequently, Mr. Eitel indicated
that he paid off the contract with the county on March 31, 7998 to become the fee owner of the
property,
2. Mr. Eitel intends to construct and operate an automobile repair facility on the northern 90 feet of
the property, the portion that fronts on Larpenteur Avenue. He has also stated that he wiil be
acquiring 20 feet of Larpenteur Avenue right-of-way from the state for a total of 110 feet to be
developed. He intends to sell the remaining property, the southern 195 feet of the lot, to the
� State of Minnesota to accommodate stormwater runoff from Interstate Highway 35-E. The
rezoning petition is requesting that the entire properiy be rezoned to B-3, including the 20 feet of
Larpenteur Avenue right-of-way. The State of Minnesota, as represented by Mr. Louis K.
Robards, Assistant Attomzy General, has co-signed the rezoning application as fee ovmer for the
20 feet. His letter of March 18, 1998, describes the pending purchase by the state of the southem
portion of the site, and the reconveyance of the 20 feet adjacent to Larpenteur Avenue to Mr.
Eitel.
moved by Field
� seconded by
in favor Unanimous
against �
Zoning Fite #98-027
Page Two of Resalution
3. The purchase by the State of Minnesota of the southem 195 feet of the lot and the reconveyance
of the 20 feet of Larpenteur Avenue right-of-way to Mr. Eitel from the state will become
finatized �vhen the condemnation award is fiied in coact by the state. Mr. Robards of ttce State
Attomey GeneraPs office has indicated this will occur by April 1 S, 1998. �Vhen that occurs, Mr.
Eitei wilt no longer o«n the southem poRion, therefore it shoald be remaved from the
application for rezoning. The state's condemnation action will create a separate lot or parcel.
Only the remaining parcel, which Mr. Eitel will own, should be considered for rezoning from
R-2 to B-3.
4. SecTion 60.544 (18) of the Zoning Code permits automobile repair facilities as permitted uses
subject to special conditions in the B-3 zoning district. The proposed site has the potential of
meeting all of the required conditions related to minimum lot size, landscaping, indoor repair
work, and outside storage. the rezoning is approved by the City Council, a special condition use
permit wil] be required. The planning commission amended its rules of procedure in 1984
(Resolution 84-23) to delegate authoriry for the approval of speciai condition use permits to the
planning administrator in cases where public hearings have been held in which the commission
has recommended, and the city council has approved, a rezoning specifically for a special
condition use. The use of the property for an automobile repair facility must meet all the
required conditions related to minimum lot size, landscaping, indoor repair work, and outside
storage. In addition, Yhe following additional conditions should be required:
�
a. Only customer vehicles and employee vehicles of the permittee may be parked �
on the 1ot. This condition is intended to prohibit long term storage of vehicles
on the lot.
b. All vehicles parked outdoors on the lot shall be cbmpletely assembled with no
parts missing. Vehicle salvage is not permitted. �
5. The rezoning is consistent with the comprehensive plan. Goals and objectives of the Districi 6
Plan include the following: to encourage the development of new housing and businesses (p. 21).
In addition, the Economic Development,Strategy includes: 1) Objective #6, "ensute sufficient
land for future business gzowth"; 2) Policy #25, "the ciry's land use plan should pirovide
adequate land for industrial and commercial development and expansion in order to increase the
proportion of commerciaUindustrial tax base"; and 3) Policy #29, "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 activity" (pp. 17-18).
6. The rezoning is consistent and compatibie with the way the area has developed. Across
Larpenteur Avenue to the north of the site is a gas station, which is in Maplewood. The freeway
frontage road and Interstate 35-E are to the east. The southem edge of the site fronts on
Wheelock Parkway, and across Wheelock are the playfields for Mississippi Creative Arts
Magnet Schooi. To fhe west of the site are residential uses along Wheelock Parkway and vacant
land zoned residential along Larpenteur Avenue.
In addition, there is a significant amount of traffic in the area. Larpenteur Avenue carries 13,625
vehicIes per day; the freeway frontage road carries 6,82� vehicles per day; Interstate 35-E carries
135,225 vehicles per day; and `Vheelock Parlavay cames 5,000 vehicles per day. Given this -
level of traffic, residential deceIopment of this site seems unlikely, and rezoning to allow
commercial development is compatible with the way the area has developed.
The rezoning �vill not have an adverse impact on adjacent properties if appropriate landscaping
y8-SSz
• Zoning File �98-027
Page Three
and screening is installed on the west side of any development of the property to shield the
residential uses there. There will not be any immediately adjacent residential uses, however,
because the state is also in the process of acquiring the eight piatted lots immediately west of the
subject properry (Lots 12 through 19, Dawson's Lake Como and Phelan Avenue Addition).
S. The applicanf submitted a sufficient petition of two-thirds af the property owners within one
hundred (] 00) feet of the property stating support for the rezoning (three parcels eligible, two
required, and two signed).
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission that the petition of
RICHARD E. BITEL, to rezone property at the southwest comer of Larpenteur Avenue and the Interstate
35-E frontage road, a vacant parcel of approximately 1.68 acres, situated behveen Larpenteur Avenue
and Wheelock Parkway, more particularly described as Section 19 Township 29 Range 22 subject to
Highway part of the west 1/2 of the northeast 1!4 of northeast 1!4 north of Wheelock Pkwy in Section 19,
Township 29, Range 22, plus an additiona120 feet immediately north of previously described site
(exactly described in the file), from an R-2 (single-family) zoning classification to a B-3 (general
business) zoning classification is consistent with the Comprehensive Plan for the City; however
BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to the
Council of the City of Saint Paul that only the northem 110 feet of the property located at the southwest
comer of Larpenteur Avenue and the Interstate 3S-E frontage road, a vacant parcel of approximately
• 26,400 square feet, situated between Larpenteur Avenue and Wheelock Parkway, be rezoned from R-2 to
B-3, pending finalization of the purchase of the southem 185 feet by the State of Minnesota and
reconveyance of the 20 feet of Larpenteur Avenue right-of-way to Mr. Richard Eitel, and receipt of the
descriptions of the two separately described properties from the State of Minnesota prior to final City
Council approval, in accordance with the information for the rezoning on file with the Saint Paul
Department of Planning and Economic Development.
.
98-55z
a
C J
Saint Paul Planning Commission
City Hall Conference Center
15 Kellogg Boulevard West
A meeting of the Planning Commission of the City of Saint Paul was held Friday, Apri1 10, 1998, at 8:30
a.m, in the Conference Center of City Hall.
Commissioners
Present:
Commissioners
Absent:
Mmes. Duarte, Engh, Morton, Nordin, Treichel, and Wencl and Messrs. Field Jr.,
Gervais, Gordon, 7ohnson, Kramer, McDonell, Nowlin and Sharpe.
Mmes. *Faricy, *CTeisser, Maddox and Messrs. *Chavez, *Kong, *Mardetl, and
*Vaught.
*Excused
Also Present: Ken Ford, Planning Administrator; 3ean Birkholz, and Roger Ryan, Department of
Planning and Economic Development staff.
I. Approval of Minutes oF March 27,1998
MnTION: CommissionertYlcAonell moved approval ofthe n:inutes ofMarcl: 27, 1998;
Commissioner Treichel seconded the motio�: wl3ich carried unanimausly or: a voice vote.
II. Chair's Announcements
Chair Morton announced the unexpected resignation of Roger Ryan, who has worked as a City
Planner for the City of Saint Paul for 36 years Chair Morton read a resolution of thanks in his
honor.
NIr. Ryan aclmowledged that he is happy to retire, but will sincerely miss coming to Planning
Commission meetings and Zoning Committee meetings; and he will miss working with all its
members on the various issues throughout his years with the City.
Commissioner Wencl assured Mr. Ryan that he will always be welcome at Zoning Committee
meetings. She thanked Mr. Ryan for his work throughout the years.
Commissioner Field echoed Commissioner Wencl's comments. He added that Mr. Ryan's
history and knowledge of the zoning code will be greafly missed. He asked Mr. Ryan to
consider, at some time, being a member of the Planning Commission.
l'LQTIQY: Con:missioner Field moved approva[ of the resolution; Comn:issioner Nordin
seconded the motion which carried unanimously on a voice vote.
Chair Morton urged members of the Planning Commission to tum in their completed forms that
. came in the latest packet to 7ean, if they have not already done so.
III. Planaing AdminisYrator's AnnouncemenYs •
Mr. Ford noted that PED staff is very sorry Yo see Roger leave, but are very happy for him and
think that his retirement is very well deserved. Mr. Ford announced a retirement dinner for
Roger April 24, 1998, and he encouraged all members to attend.
Mr. Ford reminded Comunissioners that at their last meeting they took action to express their
opinion on a proposal before the Ciry Council that woald waive fees for district councils when
they file appeals of decisions by the Planning Commission, the Zoning Administrator, or the
BZA. He stated that the proposal failed this week at the City Council meeting on a vote of 4- 3.
NIr. Ford announced that Mr. Larry Soderholm rvill be stepping in where Roger Ryan has been
to help guide the zoning function in PED. That wilI mean some other changes for the rest of
staff for finishing the Comprehensive Plan and other tasks.
Mr. Ford announced That Mr. Soderholm has just retnmed from the annual conference of the
American Pianning Association in Boston and reported that there is a great deal of interest and
concem about things thai the Planning Commission and planners are talking about here. He
asked Larry to give a brief report at this time. Mr. Ford informed Commission members that he
will be leaving now to attend a hearing elsewhere and that Mr. Ryan will be staying in his place.
Commissioner Gordon asked Mr. Ford if the City Council gave a reason with respect to
rejecring the fee waiver. Mr. Ford replied that one member expressed that there is no reason
district councils should be singled out from others who make applications for appeal, and that �
he had not had any correspondence or requests coming from district councils supporting the
idea. Others expressed that there was no reason for singling out district councils and if we did
single them out, then wko else ought to have some special �eatment.
Mr. Soderholm reported on the American Planning Association's Annual Conference, which
took place in Boston. He stayed in Brookline, an inner suburb of Boston, and rode the "green
LRT line" Yo downtown Boston for his meetings. Ellen Goodman, the Boston Globe columnist,
was the kickoff speaker for the opening session. She said that reaI Americans don't p1an, and if
they do, they don't admit it. She stated that Yhe values of the American society have
emphasized so much individuaI achievement and individuaiism that the American society needs
to re-balance its values. Planning Commission members and planning staffs have a role to play
in expressing the coilective side of fhe equation. She reminded the audience, as a chronicler of
the Women's Movement, that the Women's Movement started with the ideas that women would
be able to advance in cazeers and have professional lives, and that society needed to recognize
the value of caretaking roles that women traditionally had played. She went on to say that
Americans have been much more s¢ccessful at making women's careers possible than at
changing the values of our sociery to recognize the unportance of caretaker funcrions and the
worth of the commonweaith.
Mayor Menino of Boston tatked about his facorite projects. One of them is a new
comprehensive plan they aze starting called "Boston 400." He emphasized that Boston is a
�valking city and Larry found out that it certainly is. It's a city of history and mixed use and
beautiful parks. Boston is talkin� about moving Fenway Stadium or replacing it.
Preservationists want to restore it. Mr. Soderholm said he was especially interested in
Washington Street in Boston that runs from downtown south to Roxbury, a low income minority -
q8-55Z
• community, which Mayor Menino says will be the "5treet for the next Century." It is a wide
street similar to University Avenue. Larry brought back copies of their plan. Boston also has
extensive public gardens. The city leases land to a central garden organization for 99 years to
have permanent public gardens.
The themes of the sessions emphasized "liveable communities," "walkable neighborhoods,"
"higher density housing," and "�ansit oriented design;" the same issues that we are concemed
about in Saint Paul are being debated throughout the United States. A conference proceedings
�vas published that contains resources and people to contact in other cities about related issues.
Mr. Soderholm said that he was impressed to leam that the Dallas LRT 5ystem, which opened
I S months ago, is a great success. Itetail businesses are no�v snapping up property on the street
in downtown Dallas on which the LRT is located. Dallas is also planning village type centers
around the LRT stations.
Mr. Soderholm mentioned that he also leamed some things about regulating "big hox"
development, an issue of concem for the University Avenue Plan. In Fort Collins, Colorado,
they require a lot of little things that help mitigate the impact. The "big box" companies are
somewhat sensitive to the fact that people generally dislike them. People shop there, but as a
part of their community, they dislike the "big box." Wal-Mart is starting a new branch called
Smal-Matt, with 40,000 square foot stores that they can locate neaz and in downtowns. Some of
the regulations that were talked about regazding "big boxes" were: 1) allowing no more than
� 50% of their parking to be between the street and the building; 2) making them wrap the parking
around behind; 3) not allowing big blank walls (IYs important for public safety and for
aesthetics to have doors in any facade that opens to a public street.); and 4) having some
transparent windows along big long walls,
Mr. Soderholm promised that he would be putting together a Boston slide show for the staff and
talking about some of these things in more detail.
Chair Morton noted that Ms. Homans would be passing out invitations for Roger's retirement
party, in case some members had not received one in the mai1.
IV. Zoning Committee
#€9�_770 Alter Tradin� rorn�ration - Conclude special condition use process for a large metal
shredder at 801 Barge Channel Road. (Itoger Ryan, 2b6-6574)
Commissioner Field stated that there had been an apparent problem with the notification
process. Staff recommended and the Committee concurred that this item be laid over to April
16, 1998.
#�};-3fi M��a Homec_, Tns. - Special condition use permit to allow a cluster development
�vith ten townhomes (five twinhomes) at the southwest quadrant of Lexington and St. Clair
Avenue. (Beth Bartz, 266-6580)
MOTION: Commissioner Fietd moved approvat of tlze special condition use permii fo allow a
cluster develapment with twelve townhomes (six twinFsomes) at the southwest quadrant of
, Lexington and St. ClairAvenue with 10 (ten) conditions, which carried unanimously on a
voice vote.
#9R-027 Richard F:�el - Rezoning of property at the southwest comer of Interstate 35E
frontage road between Larpenteur and Wheelock Parkway from R-2 to B-3 to allow
construction and operarion of an auto repair facility. (Donna Drummond, 266-6556)
Commissioner Field stated that there had been some discussion about this at the Zoning
Committee beca�se part of this property is being acquired by the State Department of
Transportation.
Ms. Donna Drummond apptoached the podium to e7cplain. She said that the purchase of the
southem 2!3 of the property that was applied for rezoning will be finalized by April 15, 1998.
When that occurs, the State of Minnesota wili have taken ownership of the southern 2/3 of this 1
1/2 acre property, and Mr. Eitel will retain oumership of the northem 1/3 of the properry. This
northem third is the portion that the Zoning Committee recommended be rezoned. The southern
portion would not be rezoned.
MOTiON: Commissioner Field moved approval with conditions of a request to rezone
property at the southwest corner oflnterstate 35E frontage road hetwee�t Larpenteur and
YYheelock Parkrvay from IZ-2 to B-3 tn aUow consiruction and operation of an auto repair
facility, which carried unanimously on a voice vote.
I`1
�
#98-O�S Prnfescional Rnildi�g Services - Special condition use pernut to a11ow outdoor sales
of new and used automobiles and modification of the lot area requirement at 1176 Dale Street �
North. (Donna Drummond, 266-6556)
MnTiON: Commissioner Field moved denial of the requested special eondition use permzt to
allow outdoor sales of new and used automobiles and modification of the lot area
requirement at 1176 Dale Sfreer 1Vorth which carried unanimously on a voice vote.
#9R-OS] Ternme T.aC'roix a William Dunnigan - Rezone property from RT-2 (residential)
to B-3 (general business) at 365-367 and 371 Smith Avenue North to allow expansion of an
existing auto repair and service starion. (Beth Bartz, 266-5599)
Commissioner Field explained that there was tesrimony that led the Zoning Committee to vote
for a layover of this issue to April 16, 1998.
#9R-OS'i MPlvin Hgard �ugdom Hali) - Sign area variance to allow two idenfification signs
(30 square feet permitted; 52 squaze feet requested; for a variance of 22 square feet) at 678
Hague Avenue. (Jim Zdon, 266-6559).
NjnTiON: Commissioner Field moved approval with conditinns of the requested sign area
variance to allow a single 40 square feet iden[ification sign at 678 Hague Avenue which
carried unanimously on a voice vote.
Commissioner Field read the agenda far April 16, 1998.
�
0
1
J
C�
MINUTES OF THE ZONING COMMITTEE
Thursday, Aprit 2, 1998 - 3:30 p.m.
City Councii Chambers, 3rd Floor
City Hall and CouR House
15 West Keilogg Boulevard
PRESENT:
ABSENT:
Chavez, Faricy, Fieid, Gordon, Kramer, Vaught and Wencl
Morton (excused)
98-ss z
OTHERS Peter Warner, Assistant City Attorney; Beth Bartz, Donna Drummond, Pattie Keiley,
PRESENT: Roger Ryan, and Jim Zdon of PED.
The meeting was chaired by Commissioner Field.
Richard Eitet, File 98-027 - Rezoning from R-2 to B-3 to allow construction and operation of an auto repair
faciiity at the southwest corner of tnterstate 35-E (frontage road between tarpenteur and Wheelock
Parkway).
Donna Drummond referred to and expiained a letter received from the Attorney Generaf's Office of the
State of Minnesota confirming that the Department of Transportation is in the process of acquiring Lots 12
through 19 immediately adjacent to the west of the Eitel property. She said the latest information she has
from the Attorney General's O�ce is the condemnation award will be filed by April 15th, and that the date
it is filed is considered the date the State is in ownership of that property.
Upon question of Commissioner Kramer, Ms. Drummond stated April 15th is the date the property will be
spfit.
At the question of Commissioner Gordon, Ms. Drummond explained if the rezoning is approved, the
applicant will have to comply with all guidelines set foRh by the State.
Ms. Drummond also referred to and explained a Pianning Commission policy which allows staff to
administratively issue SCUPs requ+red for deve{opment proposed as part of a rezoning.
Upon question of Commissioner, Ms. Drummond said the original packet inciuded a letter from the
Attorney General's Office stating there would be a condemnation award ftled, and it also identified that
portion of the property wtiich wi11 be acquired by the State. She further stated the parcel of land between
east of the Eitel property and 135-E will remain zoned R-3, when there is a City right-of-way the zoning
boundary extends to the m+dd4e of the right-of-way, that the Stafe of Minnesota owns the property for the
135-E right-of-way outright, and the frontage road is considered part of the 35-E right-of-way.
Upon question of Commissioner Wenci, Ms. Drummond expiained the application came in for the entire
property because that is what the applicant owned. She said the applicant was purchasing this property
from the County, who were holding it as trustee for the State of Minnesota. She aiso noted Mr. Eitel has
paid that contract off, which she confirmed with the Cou�ty Tax Forfeit Office. Ms. Drummond further
stated the property is not yet divided because the condemnation award has not been filed by the State.
When it is fi{ed, the State will then be the owner of the property and it will become two separate parcels.
Upon question of Commissioner Vaught, Assistant City Attomey Peter Warner explained the petition is to
rezone a set piece of property, and the Zoning Commission could recommend the City Council consider
. rezoning to 8-3 only that portion which the applicant wa�ts to develop. The remaining parcel of property
will more than likely f�ef be held as a drainage basin for the State of Minnesota. Mr. Warner fuRher stated
it is his understanding that the 4ong-term goal of the State is to eventualiy increase the size of 135-E In
width by adding more lanes, which is why the State is progressing farther west to pick up additionai
property for storing stormwater from 135-E. He also �eferred to concern that if a new R-3 zoning district
is created that an R-3 use wili go in that area, and said that is not fikely to happen.
Zoning Cammittee Minufes
April 2, 1998
Richard Eitei (98-027)
Page Two
Commissioner Kramer asked if the applicant would be required to repetition in order to rezone a smafter
area, and Mr. Wamer said no and that adequate notice has been given to property owners who might be
interested in this rezoning.
At the question of Commissioner Wencl, Mr. Warner expiained when the government sefs out to acquire
a property througfi eminenf domain they have to state a public purpose, and the public purpose is to
acquire land for drainage.
Chair Field said the public hearing was closed ort this item at the March 19th meeting, but fhe applicant
is present and wou(d fike fo speak to the Committee.
Commissioner Vaught moved and Commissioner Gordon seconded the motion to reopen the public
hearing, and roll call was taken.
Adopted Yeas - 7 Nays - 0 (The public hearing was reopened)
Richard Eitel (4268 Pond �ew Drive, White Bear Lake, Minnesota), appeared and presented an aerial
photograph of the property displaying the poftion the State will be purchasing.
At the question of Commissioner Kramer, Mr. Eitel expressed agreement to the rezoning being subject to
the parcei being acquired, of rezoning only the portion of land he will be keeping.
No one appeared either in support or opposition, and the public hearing was closed.
Commissioner Gordon moved to approve rezoning of the part of the property that the appiicanf wishes fo
use for the business, and tfie mofion was seconded by Commissioner Wencl.
Commissioner Kramer said it was his understanding that rezonings nee8ed to be approved by zoni�g lot
and not by a portion of a lot, and Commissioner Vaught explained by the time this Committee's
recommendation is before the City Council fhe lot split should have taken place.
At the suggestion of Pefer Warner, Commissioner Gordon included in his motion that at the time when the
property is split, the legai description, which is required by the State, will then become the tegai description
that the City Council wili act on, This condition to the motion was seconded by Commissioner Wencl.
There was no further discussion.
Adopted Yeas - 7 Nays - 0
Drafted by:
Pattie Kell
Recording Secret ry
Submitted by:
�Crwr�
Donna Drummond
Northwest Team
Approved by:
Litton Field
Chair
i
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�,
98
� Saint Paul Planning Commissioa
City Hall Conference Center
15 Kellogg Boulevard West
A meering of the Planning Commission of the City of Saint Paul was held F'riday, March 27, 1998, at
$30 a.m. in the Conference Center of City Hall.
Commissioners Mmes. Duarte, Engh, Faricy, Cseisser, Ivfaddox, Morton, Treichel and Wencl
Present: and Messrs. Field Jr., Gervais, Kong, Kramer, Mardell, McDonell, Nowlin and
Vaught.
Commissioners Ms. *Nordin and Messrs. *Chavez, *Gordon, *7ohnson, *Sharpe
Absent:
*Excused
Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Donna Drummond, Nancy Frick,
Tom Harren, Nancy Homans, Patricia James, Gary Peltier, Roger Ryan, Latry
Soderholm, Allan Torstenson and 7im Zdon, Depariment of Planning and Economic
Development staff; and Mike Klassen from the Deparhnent of Public Works.
� I. Approval of Minutes of March 13,1998
M_QTIQ�: CommissinnerKramer moved approval of the minutas ofMarch 13, 1998;
Commissioner Field seconded the motio�: which carried unanimously on a voice vote.
II. ChaiY's Announcements
Chair Morton announced that at that moming's Steering Committee the position of quadrant
liaison �vas discussed. Mr. Ford has drafted "Expectations for Neighborhood Liaisons" to be
used as a guideline.
Chair Morton further announced that the Steering Committee has proposed a resolution that
states the Planning Commission opposes the refund of appeal fees to applicants when presented
by the community councils, in response to a resolution being presented by Councilmember
Coleman which states that community councils would be refunded application fees for appeals.
The Planning Commission's rationale for opposing Councilmember Coleman's resolution is
that no group should be singled out to have a refund of a fee.
Commissioner Kramer interjected that he thinks iYs a waiver, not a refund.
Commissioner Vaught commented that he thinks the issue remains the same. If there are appeal
fees, they should appty to everyone; if there are not appeal fees, that also should apply to
everyone. He sees no logic for exempting a particular category of appellants from the fee, and
� he is troubled if appeal fees ate selectively applied to particular groups or individuals and not to
others. The same rules should apply to everybody.
Commissioner Field noted that an individual or group of individuals, who wish to appeal may,
ra[her appealing on their own accord, choose to pursue it through the district councit just for the �
waiving of the fee_ He clearly thinks that it would be bad golicy to select one groap for those
Fees to be waived.
The motion on the fZoor to submit a resolution stating that the Pla:sning Commission oppvses
the refund or waiving af fees far appeals by community councils carried unanimously on a
voice vote.
Chair Morton announced that there will be another meeting of committees at the close of the
meeting to choose different meeting dates for the Comprehensive Planning Committee and the
Neighborhood and Current P[anning Committee.
III. Ptanning Administrator's Announcements
Mr. Ford reported on his inquiry into the reasoning for the City Council finding error on the part
of the Planning Commission in upholding an appeal for the Citgo sign at the service station near
SneIling Avenue and I-94. They concluded:
1) the site of the proposed sign does not constitute an unusual condition. The fact that the
filling sYation is located next to the freeway is not so unusual that the extra visibility
provided by a higher sign is necessary; and
2) the greater height and greater size of a proposed sign would adversely affect adjacent
residential properties. Due to the greater height and size of the proposed sign, it's light
wouId cast even more glare on surrounding properties. �
Copies of that resolution are available from Mr. Ford.
Mr. Ford continued that at the last City Council meeting, there was an appeal by the applicant of
the Planning Commission's denial of a special coadition use permit for an auto specialty store
on East 7th Sh�eeY. That appeal also was upheld by the City Council. They concluded fhat they
could place enough condztions on it, and the senricing of autos was a limited part of what was
going on there. It is limited to only one bay and to a very limited type of service. Most of the
store was more like a retail store than an auto servicing.
Also before the City Council was the appeal of the Planning Commission's denial of a
determination of similar use permit for the nursery at the properiy on Point Douglas Road. That
appeat was denied.
IV. Zonina Committee
#4R-R] 1 Mon�1m Resid n�ce 1 Peter K�elv (Laid over from March 5, I998} - Speciai
condition use permit to allow conversion of residential structure greater than 9,000 sq. ft. As a
residence for frail eiderly and elderly with dementialAlzheimers. (7im Zdon, 266-6559,
Southwest Team)
MnTIO�T: Commusio�ter Wenc! moved approval of the request for a special condition use
permit to allow conversion of a residentia[ structure greater than 9,000 sq, fi.,to be used as a
residence far frail elderly and elderly with dementiaUAlzheimers witf� conditions. �
2
g 8- 55z
� Commissioner Vaught noted that he voted in opposition at the Zoning Committee but will vote
in approvaltoday.
Commissioner Faricy stated that she had also voted in opposition at Zoning Committee but will
vote in approval today. She reseazched the history and decided to change her vote because the
residence has been vacant for one and a half years and is in disarray.
Tha motinn on the floor carried unanimously on a voice vote.
�9R-�27 Richard Eitel - Rezoning to allow construction and operation of an auto repair facility
at the southwest corner of Interstate 35E frontage road between Larpenteur and ��heelock
Parlavay. (Donna Drummond, 266-6556, Northwest Team)
Commissioner Wencl stated that the south portion will be sold to the state of Minnesota after
the rezoning occurs. The north portion that fronts on Larpenteur will be used for auto repair. In
1984 the Planning Commission passed a resolution that stated that rezoned properties that also
needed a special condition use permit could be decided by staff instead of coming back ta the
Planning Commission.
Commissioner Kramer said that he voted against this at Committee because this property will be
divided into huo pieces after the re2oning. The remaining piece of B-3 property will belong to
the state, so we do not Imow what the ultimate proposed use of that piece will be.
� Commissioner Vaught stated that he also voted against it at the committee level and he will vote
� against it again today if the Planning Commission will be taking the vote today because it is
spot rezoning.
Commissioner Nowlin said that he is also concerned about this case. It concems him to put a
commercial use so near to a school. He is also concerned that the policy of staff maldng the
decision on a special condition use permit if a rezoned parcel needed it, may be against state
law. He feels that it's very important that a special condition use permit after rezoning, be
brought back to the Planning Commission so that the Commission can assure that vegetative
treatment is done and that the use is properly buffered, in this case, both from the school and the
freeway.
�IOT70N: Con:missioner Fie1d neoved that thzs case be laid over ar:d referred back to the
Zoning Committee for further action on Apri12, 1998. Commissioner Kramer seconded the
motion which carried unanimous[y on a voice vote,
�98-0'�4 Vi t�oria Aeck - Nonconforming Use Permit to allow re-establishment of general auto
repair at 951 White Bear Avenue. (A1 Torstenson, 266-6579, Northeast Team)
Commissioner Wencl reported that there was a great deal of discussion at Zoning Committee as
to whether this had actually been an approved use in operation, etc.
�iOTinv: Commissioner Wencl moved denial of t):e requested no�econforming use permii tn
allow re-es[abltshmeru ofgeneral auto repair at 951 FYhite Bear Avenue. TT:e ntotion carried
unanimausly on a voice vote.
C�
�28�361YI.en@Qta�mes,Inc, - Special condition use permit to atlo�v a cluster devetopment �
with twelve townhomes (six rivinhomes) at the southwest quadrant of Lexington Pazkway and
ST. Clair Avenue. ($eYh Bartz, 2b6-6580, Soathwest Team)
Commissioner tiVencl reported that this case was laid over to April 2, t 998.
Commissioner Wencl read Yhe agenda for Thursday, April 2, 1998: Old Business of Alter
Trading Corporation, Mendota Homes, and Ricfiard Eitel; New Business is for Professional
Building Services, Jerome LaCroix and William Dunrtigan, and Melvin Heard (Kingdom Hatl).
Commissioner Geisser asked why Alter Trading Corporation was on the a�enda. Mr. Ryaa
replied that the original application in 1995 is being concluded now with application of the new
zoning regulations, following the zonina study.
Chair Morton announced that the Midrvay Parkway West Como Small Area Plan was adopted
by the City Council on December 17, 1997. Copies are now avaitable from Patricia James.
V. Comgrehensive Planning and Economic Development Committee
MnTiON: Commissioiter Maddo.r neoved that the Phalen Boulevard Draft EIS be forwarded
to Che City Council and recommended for release for public review and cvn:ment; and ihal a
meeting be held on i�
Pha]en Roulev�rd nraft FIC _ RepoR and Recommendation for release for pubiic review -
(Nancy Frick} �
Ms. Frick reviewed the document with a slide presentation. She explained that the putpose of
an EIS zs to provide information to the decision making body and the public about the
consequences of taking the actions that are proposed. It is based on a formal Scoping Decision
that this body heard and recommended upon, and the City Council adopted in 1996.
This EIS looks at three types of altematives. First of all, it assesses the impact of not building
the project. The other altematives are reviewed in reIationship to the no build altemative. The
EIS also looks at a transportation system management (TSM) altemative, which evaluates
solving the problem by makin� smaller, minor improvemenfs to the system instead of doing a
major build project.
The build altematives are divided into three segments: 1) a western segment, between 35E and
Burr Street (three alignments); 2) the central segment, between Burr Sireet and Eari Street (five
aIignments); and 3) the eastem segment, beiween Earl Street to Johnson Parlavay (one
alignment).
The westem segment asks how do you connect Phalen Boulevard with 35E. Ms. Frick
explained each altemative with the assistance of enlarged projected maps.
Questions arose regarding the bus bam, timetables, and traffic movement.
The central segmenYs key questions are ho�v do you get throu�h the area taehveen Payne and
Arcade, and how do you access Payne Avenue from Phalen Bouievard. Common to all the �
MINUTES OF THE ZONING COMMITTEE
Thursday, March 19, 1998 - 3:30 p.m.
• City Councii Chambers, 3rd Fioor
City Halt and Court House
15 West Ke{fogg Boulevard
PRESENT:
ABSENT:
OTHERS
PRESEN?:
Chavez, Faricy, Gordon, Kramer, Morton, Vaught and Wenci
Fieid (excused)
g8-55z
Peter. Warner, Assistant City Atforney; Beth Bartz, Donna Drummond, Pattie Kelley,
RogerRyan, Alian Torstenson and Jim Zdon of the Pianning Division.
The meeting was chaired by Barbara Wencl, Vice Chair.
RICHARD EITEL - Zoning File 98-027 - Rezoning from R-2 to B-3 to allow construction and operation of
an auto repair facility.
Donna Drummond presented slides and gave the staff report recommending approval pending receipt of
the signature of the appropriate fee owner prior to final approval by the City Council. Ms. Drummond
referred to a{etter received from the Attorney Ge�era!'s Office dated March 18, 1998 in suppo�t of this
rezoning, and that Mr. Eitel is in the process of paying off the contract and wiif become the fee owner of
this property.
� Upon questions of Vice Chair Wencl, Ms. Drummond said rezoning does not necessarily entail
development of the site and this woufd simpiy change the zoning classification for the property. She stated
Mr. Eitei has indicated he would like to develop a repair facility and i4 so, he would have to apply for a
Speciai Condition Use Permit and it would also need to go through a site plan review. Ms. Drummond
further stated the arrangement is that the State would be acquiring from Mr. Eitel the southern two thirds
of the property. She expiained that includes the wetland which therefore would not become an issue as
the wetland would be preserved being on State-owned property.
u
Upon question of Commissioner Faricy, Assistant City Attorney Peter Warnes said the {etter from the State
was written as his prompting to staff because of the status of the property presently is tax exempt, and in
reading the letter he is satisfied there is no problem going forward with the rezoning.
At the question of Commissioner Kramer, Donna Drummond said with the southern parcel ofi 195 feet sofd
back to the State, according to the pfat map Mr. Eitei will retain a total of 26,4Q0 square feet.
Upon question of Commissioner Vaught, Ms. Drummond stated although she did not investigate what the
properties are zoned for in the area immediate{y north across Larpenteur in Maplewood, she reviewed the
existing land use which is a gas station and which she believes to be zoned commercial in the Mapiewood
Zoning Code. She fuRher stated that the closest 6-3 zoning in Saint Paul is immediately across Interstate
35-E to the east.
tlpon question of Commissioner Kramer, Donna Drummond stated part of site to the west is vacant land
and ii is zoned residentiai.
Richard Eitel (4268 Pond View Drive, White Bear, Minnesota), appeared and said the State is acquiring
the south portion of his land along with the property to the west, which includes the house shown on the
slides presented by Ms. Drummond. �
�
Zoning Committee Minutes
March 19, 1998
Richard Eitel(98-027}
Page 7wo
l�- 55z
Commissioner Kramer asked Mr. Eitel why he was requesting to rezo�e a portion of land that he wifl no
longer own. Mr. Eitei explained it was determined by City staff it wou{d be the only way to proceed since
it is currently one parcel until the sale of the southern portion to the State is finalized. He said he is in the
process ofi settling the contract for deed, but didn't realize that was a probfem untii staff informed him.
No one appeared in support or opposition, and the public hearing was ciosed.
Commissioner Faricy moved approvai of the staff recommendation, and the motion was seconded by
Commissioner Ghavez.
Commissioner Kramer expressed concerns that rezoning to a B-3 allows a multitude of uses in that vicinity,
that rezoning would leave a potential B-3 parce{ vacant, and his greatest concern is that he believes
approving this request is spot rezoning.
Commissioner Vaught said he will be voting against the motion because he also believes this is spot
rezoning.
There was no further discussion, and the motion was called.
Adopted Yeas - 5 Nays - 2(Ksamer, Vaught}
•
Drafted by:
,
Pattie Keiley
Recording Secreta
Submitfed by:
Approved by:
�a�� Viw�c.�^z�
Donna Drummond
Northwest Quadrant
Barbara Wencl
Vice Chair
�
9�- 55Z
•
ZONING COMMITTEB STAFF REPORT
FILS # 98-027
1. APPLICANT: EITEL, RICHARD E. DAT$ OF HEARING: 03/19J98
2. CZ,ASS2FICATION: Rezoning
3. LOCATION: Southwest corner of Larpenteur Ave. and Interstate 35E
frontage road
4. PLANNING DISTRICT: 6
5. LEGAL DBSCRIPTION: Section 19 Town 29 Range 22 subject to Hwy part of W
1/2 of NE 1/4 of NE 1/4 N of Wheelock Pkwy in Sec 19 TN 29 RN 22
6, PRBSENT ZONING: R-2 ZONII3G CODE REFERENCE: §64.400
7. STAFF INVSSTIGATION AND REPORT: DATE: 03/11/98 SY: Donna Drummond
8. DATE RECEIVED: 02/02/98 D$ADLINE FOR ACTION: 04/14/98
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A. PIIRPOSIs: Rezoning to a11ow construction and operation of an auto repair
facility.
� B. PARCSL SIZE: The property to be rezoned has 240 feet of frontage on
both Larpenteur Avenue on tkte north side and Wheelock Parkway on the
south side, and is 285 feet in depth for a total lot area of 68,400
square feet (1.57 acres).
C. EXISTING LAND IISE: The property is vacant and contains a small pond in
the southeast corner.
D. SIIRROIINDING LAND IISB:
North: Gas station and single-family homes in Maplewood.
East: Interstate Higtiway 35-E and commercial uses beyond in a B-3
zone.
South: Mississippi Creative Arts Magnet Sahool in an RM-1 zone.
West: Vacant property on Larpenteur Ave. and single-family homes
on Wheelock Parkway in an R-2 zone.
E. ZON2NG CODE CITATSON: Section 64.400(a) states in part that "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 planning
commission may, from time to time, review district boundary lines to
determine if, pursuant to state laws, such district boundary lines
should be changed."
, Section 64.�00(b) states in part 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 progerty to
Zoning File #98-027 .
Page Two
be rezoned."
F. HISTORY/DISCIISSION: In 1992, Richard Eitel applied for site plan
approval to fill the property. The site plan was not approved because
it would have eliminated a wetland.
G. DISTRICT COIINCIL RECObff�fENDAT20N: The District 6 Planning Council voted
to support the rezoning petition. However, they will consider the
proposed use for an auto repair facility separately when there is an
application for a special condition use permit. In addition, staff had
received no calls or correspondence in opposition to the rezoning
petition at the time this report was written.
H. FINDINGS:
1. Richard E. Eitel is the contract purchaser of the property. The State
of Minnesota is listed as the fee owner, and Mr. Eitel is paying Ramsey
County, which holds the property in trust for the state, annual
installments toward the purchase of the property. The City Attorney's
office is investigating whether Ramsey County or the State of Minnesota
must co-sign the rezoning petition for the application to proceed. The
City Attorney's office has recommended that the Zoning Committee
consider the petition, with the understanding that the appropriate fee
owner must sign the rezoning petition before final action can be taken
by the City Council. �
2. Mr. Eitel intends to construct and operate an automobile repair facilzty
on the northern 90 feet of the property, the portion that fronts on
Larpenteur Avenue. He has also stated that he will be acquiring 20 feet
of Larpenteur Avenue right-oE-way from the state for a total of 110 feet
to be developed. He intends to sell the remaining property, the
southern 195 feet of the lot, to the State of Minnesota to accommodate
stormwater runoff from Interstate Highway 35-8. The rezoning petition
is requesting that the entire property be rezoned to B-3.
3. Section 60.544 (18) of the Zoning Code permits automobile repair
facilities as permitted uses subject to special conditions in the B-3
zoning district. The proposed site has the potential of ineeting all of
the required con@itions related to minimum lot size, landscaping, indoor
repair work, and outside storage.
4. The rezoning is consistent with the comprehensive plan. Goals and
objectives of the District 6 Plan include the following: to encourage
the development of new housing and businesses (p. 21). In addition,
the Economic Development Strategy includes: 1) Objective #6, °ensure
sufficient land for future business growth"; 2) Policy #25, "the city's
land use plan should provide adequate land for industrial and commercial
development and expansion in order to increase the proportion of
commercial/industrial tax base^; and 3) Policy #z9, "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 activity" (pp. 17-18). -
98
� Zoning File #95-027
Page Three
5. The rezoning is consistent and compatible with the way the area has
developed. Across Larpenteur Avenue to the north oE the site is a gas
station, which is in Maplewood. The freeway frontage road and
Interstate 35-E are to the east. The soutfiern edge of the site fronts
on Wheelock Parkway, and across Wheelock aze the playfields for
Mississippi Creative Arts Magnet School. To the west of the site are
residential uses along Wheelock Parkway and vacant land zoned
residential along Larpenteur Avenue.
In addition, there is a significant amount of traffic in the area.
Larpenteur Avenue carries 13,625 vehicles per day; the freeway frontage
road carries 6,825 vehicles per day; Interstate 35-E carries 135,225
vehicles per day; and Wheelock Parkway carries 5,000 vehicles per day.
Given this level of traffic, residential development of this site seems
unlikely, and rezoning to allow commercial development is compatible
with the way the area has developed.
6. The rezoning will not have an adverse impact on adjacent properties if
appropriate landscaping and screening is installed on the west side of
any development of the property to shield the residential uses there.
7. The applicant submitted a sufficient petition of two-thirds of the
property owners within one hundred (100) feet of the property stating
support for the rezoning (three parcels eligible, two required, and two
� signed).
2 STAFF RHC�bmfE'NDATION: Based on findings 1 through 7, staff recommends
approval of the rezoning petition, pending receipt of the signature of
the appropriate fee owner prior Co final approval by the City Council.
�
PETRION TO AMEND THE ZONING CODE
Department oJPlanning and Economic Dwe[opment
Zoning Section
II00 City Hall Annex
25 A'est Fourth Street
Saint Paul, MN 55102
266-6589
APPLICANT
PROPERTY
LOCATION
Property Owner /S �'ch.r.<C � • �%` �'/
Address ��<.i�!/�i�-���-i+��
City�f-r���irc-- Stlyi�Zip.f3"I/ a' Daytime phone �sy�7�E'6
Contact person (if different)
(.�jJ�NF.7l.
Legal descriptio�S�irrf Le��G
(aftach additional sheet if necessary)
TO THE HONORABLE MAYOR AND CITY COUNCIl:
Pursuant to Section 64.400 of t e Saint Paul Zoning Ordinance and to Section 462.357(5} of
Minnesota Statues, t�{ ,<<,�,.>_-� � Ft�( , the owner of a!I the land proposed
for rezoning, hereby petifions you to rezone the above described property from a
�-2 zoning district to a�s' — 3 zoning district, for the purpose of:
�U/✓jT7Lt.cT/�✓l✓ /1`Np OOb�'R-r1'�T7NC /f�N Ff F.1-Ci��T/
(aftach addifional sheef(s) if necessary)
Attachments: Req�ired site pian .� Consent
Subscribed and swom to
me this � day
2L��'�C�/� , 19�
�'Y A�davit � S
By: � �
„�,,,,,,,,. ee owner of property
K�NNeso�a Title: G�.�/vt�..�
COUNTY
Page '! of
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Notary Pubtic
9� 5 �z
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zoNrhT� r�xzTZOr�T surrzcz�r�TcY cz�cz: sz���
Tc�ZO\I�i'G SCIJY n'CUP
FIRST SUBMITTED
i
DATE PETITION SUBMITTED: '�"��- \U
bATE OFFICIALLY RfiCEIVED: `?'�!� 7�
PARCELS ELIGIBL&: �
PAfiCELS REQUIRED: o� _
PARCELS SIGNED:
CHECF:ED BY:
a
DATE PETITION I2ESUBMITTED:
DATE OFFICIALLY RECEIVED:
PARCELS ELTGIBLE:
PARCELS REQUIRED:
PARCELS SIGNED:
�N,J`� N LISV"i"'v �,
7�ATE: � ^�� � C
�ON(�� F�L� R�
C�
CITY OF SAINT PAUL
CONSENT OF ADJOINTNG PROPERTY OWNERS FOR A
REZONING
We, the undersigtte@, o�mers of the property �vithin ] 00 feet of tlte total contiguons description of real estate
owned, purchased, or sold by TH$ PETIT[ONER within one year preceding the date of this petition
acknowledge that we have been presented witii the fo(lo�ving:
A copy of the peiitiort of
to rezone the property Iocated
3r�
/ , C y q 2 C/ � � �t
(name of peti
at >-/� c- so .� r-! ,,,�f
from a U� zoning dis[rict to a�' - 'J� zoning district.
�
2. A cogy of sections ( 9! � through �G• s�i' , inciusive of the Saint Paul Zoning Code; and
ucknowlcdge thaf we are aware of aA of ti�e uses permitied in a�— 3 zoning district and we are
aware that any of these uses can be established upon City Council approvaf of tfie rezoning. t�'e hereby
consent to the rezoning oft8e propeRy in the petition of;
✓' /,° �^- � �' ��'� to a' �'— j zoning district.
(Name of petitioner}
Wc consent to the appraval of this rezoning as it was expIained to us by the
apPlicant or hislher representative.
�
�
�
days after it is received by the Ptaruiing Division. Any signator of this petition may withdraw his/her
name therefrom by written request within that time.
q �- 55a
(rITY 4F SAII�TT PAUL
� CONSEN'X' OF ADJOINING PROPERTY OWNERS FQR A
REZDNING
lF1e, the ursdersignad, owners of ihe property within lOti feet ofthe total configuaus description of real estate
owned, purcl�ased, or sotd by TH£ PETITfONER within one yeaz preceding the date of this petition
acknowledge that we have been presented wiYh the follorving:
1. A copy ofthe petition aP (/5 � t c /� qn, �J C' i��
(name of petitionerj
to rezone the property located at t� y s-� u r�,,,��
from a U� Z- zbning district to a lj � zoning district.
2. A copy of sections � d. yl / throvgh 6Q�Sy� , inclusive ofthe Saint Paut Zoning Code; and
acknotivledge that �ve are a�irare of aI! of the uses permitted in a T3 -- 3 zonin� dist�ict and we are
aware that any of these uses can be estafilished upon City Couneil approvat of the rezoning. We hertby
consent to the rezoning of the Qroperty in E�te petitioa of;
U� ! G!� .rn �/ C��f�'� to 9
' .�'v3 zoningdisErict,
(Name of petitionerj
Wc consent to the approval of this rezaning as it �vas exglained to us by t�ae
. ap�Iicant or his/her represetttative.
r•
� lGy9-za-�z-2� �' ,�j� ��.�-Le-�,T.Z �
v Z�7 wdF�uzY e�sf trG i� __ ��(rl�h '� ^,� �`�l5
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NOTE: Th�s petstion shali.not be considered as officially fiied un#i2 ttie lapse of seven (7) working
. days after it is received by the Planning Division. Any signator oftius petitian may withdraw bislher
name there&om by written, request within that time.
.: ,
AFFIDAVIT
OF PERSON CIRCULATING TFiE CONSENT PETITION
STATE OF MINNESOTA)
COUNTY OF RAMSEY
�.Xy
�( i�y,n,L�/ ��'/ , being first duly swom, deposes and states that he/she is
the person who circulated the consent petition consisTing of _ pages; that affiant represenYS Yhat
the parties described on the consent petifion are all the respective owners of the properties placed
immediately before each name; that affiant is informed and believes that each of the parties
described on the consent petition is an owner of the property which is within 100 feet of any property
owned, purchased, or sold by petitioner within one (1) yeaz preceding the date of this pefifion which
is contignons to the properiy described in the petition; that none of the parties described in the
consent petition has purchased or is purchasing property from the petitioner that is contiguous to the
property described on the consent petition within one (1) yeaz of the date of the petition; that this
consent was signed by each of said owners in the presence of this affiant, and that the signatures aze
the true and cosect signatures of each and all of the parties so described.
� �
NAME ,
y 2�� ✓�<tfl/.�—
���'�'�'��fry � 6/ilf'V S�'!� d
ADDRESS �
�5 3-7G6,6�
TELEPHONE NUVIBER
Subscribed and sw to before me
this � day of , 19�
�
OTARY PUBLIC
. •
a , N � OCQZ'4£�ue�sandx3'wwa'J�W
RICHARD W. COPELAND AlNflO� NOI�JNIHSHAA�
hOTARYPU6UC tl10S3NNIW-9118t1dAtltlli<1':'_,'�
�� WASHWG70N COUNN UMf13d00'MdFlVHOIb
' � ` �My Comm. E�i� Jan.31, Z000 °
a •
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Page of �
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PETITION TO REZONE
AFFIDAVIT
OF PETITIONER
STATE OF MINNESOTA)
SS
.
, �Zil i fi � �i7 �7 : s_ 1 �� � �
The petitioner, tf.iG�uy.d ��/ , being first duly sworn, deposes and
states that the consent petition contains signatures from at least two-thirds ('/a) of all eligible
properties within 100 feet of a11 property owned, purchased, or sold by petitioner within one (1)
year preceding the date of this petition which is contiguous to the properry described in ihe
petition; petitioner is informed that the consent petition must contain signatures from each and all
owners of jointly-owned property in order to constitute consent from that property and that
failure to obtain consent from each and al] owners could invalidate the consent petition;
petitioner belaeves that the consent petition was signed by each of said owners and that the
signatures are the true and conect signatures of each and all of the parties so described.
NAME
G�Z�£f��.�/(/i��n:vu� ��/���'
ADDRESS
�3"3-7��.�
TELEPHONE NUMBER
Subsc ' ed and s to before me
this day of , 19�
\ .'L�L��/
OTARY PUBLIC , .
� RICHARD W. COPELAND Page of
'� NQTARYPUBUC—MINNESOTA
��„ WASHINGTON COUNN
My Coenm. fxWresJan.31.2000
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1061 Rice St.
February 26, 1998
Mr. John Hardwick
PED
Zoning Section
1100 City Hali Annex
25 W. 4th St.
St. Paul, MN 55102
Dear John:
St. Paul, MN 55117
Phone 612 488-4485
Fax 612 488-0343
��'� ` �� �r`1
• � ...
...� . ...•
L {�'
The District 6 Planning Council received a request from Richard Eitel to rezone the
property at the Southwest Corner of Larpenteur Ave. & 35E from R-2 (Residential) to
` B-3 (General Business)
On Wednesday, February 25, 1998 the Land Use 7ask Force of the District 6 Planning
Council moved, seconded, and passed this request.
If you have any questions, please feel free to give me a call.
C I�
Kathy Col
Executive
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PURPOSE /� E�O� �� � ��� zoning district bourxiary
FtLE # V �� DA7E � v / , � �+ � subjed property north �
_ - - - - - ---- - `
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SC�C�.■IeA� "
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A'ITOR\'EY GENERAL
Donna Drummond
Departrnent of Planning
and Economic Development
City of St. Paul
25 West Fourth Street
St. Paul, MN 55102
Re: Richard E. Eitel Property
Dear Ms. Drummond:
March 18, 1998
GOVERI�MENf SERVtCE$ SECffON
52S PARK 51AEET
SU[CE2W
S[ P.4UL.MY55103dI06
TELEPHONE: (6/2) 29]-26M10
SENT BY FACSIMILE AND U S MAIL
� I am enclosing a copy of a parcel sketch of land owned by Mr. Richard Eitel, located at
the southwest corner of Laipenteur Avenue and Interstate 35E. The State is acquiring all but tl�e
northerly 90 feet of this property. The northerly 90 feet to be retained by Mr. Eitel, is shown in
blue on the parcel sketch. A description of the land to be acquired by the State, containing 1.06
acres, is attached and captioned "Fee Acquisition - Description for Stipulation," and outlined in
red on the parcel sketch.
In addition, the State has agreed to reconvey to Mr. Eitel a 20-foot strip along his
northerly boundary, containing O.11 acres, which is shown in yellow on the parcel sketch. A
legal description of this 20 foot strip is attached and captioned "Description far Reconveyance."
Mr. EiCel and the State have agreed that if the State should need to acquire, in the future,
the easterly 40 feet of his property, he will convey that to the State for a nominal fee of one
dollar. That easterly 40 feet is designated by a cross-hatch on the parcel sketch and described in
the attached sheet labeled "DescriptSon for Option."
The State �vill file a condemnation award on March 20, 1998, setting forth the terms
described in this letter.
,
Facsimile: (612) 297-1235 • TTY: (612) 282-2525 • TolL Free Lines: (8�0) 657-3787 (Uoice), (800J 366-48 (? (TTY)
An Equal Oppor[uniry Empioyer Who Values Diversity i�� Prin[ed on 50% recycled paper (IS% post consumer content)
STATE OF MINNESOTA
OFFICE OF THE ATTORNEY GENERAL
4.-.:..
Ms. Donna Drummond
March 18, 1998
Page 2
The State is aware that Mr. Eitel has requested the City to rezone his properiy for
commercia[ use. The State has no objection to this rezonin�, and understands that he will use flie
90 feet retained plus the 20 feet reconveyed for a commercial purpose.
If you have any questions regarding the above, please feel free to contact me.
Very truly yours,
,�'�`.�.. K� �,�.�,a-
LOUIS K. ROBARDS
Assistant Attorney General
(612}296-6673
Enclosure
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March 13, 1998
6280390.904
FEE ACQUISITION
DESCRIPTiON FOR STIPUlRTIOtJ
Parcel 390 C.S. 6280 (35E=390} 904
That part of Tract A described befow:
Tract A. The West Half of the Northeast Quarter of the Northeast Quarter of
Section 19, Township 29 North, ftange 22 West, Ramsey County,
Minnesota; except that part taken for street; also except that part lying
south of Wheelock Parkway and west of a line formed by the easterly line
of Lot 6, Block 11, Dawson's Lake Como and Phalen Avertue Addition to
the City of St_ Paul, extended north to Wheelock Parkway, the title thereto
being registered as evidenced by Certificate of Title No. 31383;
�
which lies southerly of a line run parallel with and distant 155 feet southerly of the north �
line of said Section 19 and westerly of a line run paraffel with and distant 340 feet
westerly of Line 1 described below:
Line 1. Beginning at a point on the north line of said Section 19, distant 740.2 feet
west of the northeast corner thereof; thence run southerly at an angle of
92 degrees 14 minutes 00 seconds from said north section iine (measured
from west to south) for 600 feet and there terminating;
containing 1.06 acres, more or less;
together with at► rights of access, being the right ot ingress to and egress from ihat part
of Tract A hereinbefore described, not acquired herein to Trunk Highway No. 35E.
-
9B�55Z ��_
• March 13, 1998
6280390
DESCRIPTION FOR RECONVEYANCE
Parcel 390 C.S. 6280 (35E=390) 904
That pa�t of Tract A described below:
Tract A. The West Half of the Northeast Quarter ofi the Northeast Quarter of
Section 19, Township 29 North, Range 22 West, Ramsey County,
Minnesota; except that part taken for street; aiso except that part lying
� south of Wheelock Parkway and west of a line formed by the easteriy line
of Lot 6, Block 11, Dawson's Lake Como and Phalen Avenue Add'+tion to
the City of St. Paui, extended north to Wheeiock Parkway, the title thereto
being registered as evidenced by Certificate of Title No. 31383;
which lies between two lines run parailel with and distant 45 feet and 65 feet southerly
of the north line of said Section 19 and distant 340 feet westesiy of Line 1 described
� below:
Line 1. Beginning at a point on the north line of said Section 19, distant 740.2 feet
west of the northeast corner thereof; thence run southerly at an angle of
92 degrees 14 minutes 00 seconds from said north section line
(measured from west to south) for 600 feet and there terminating;
containing 0.11 acre, more or less.
.
,!,
March 13, 1998
628Q390
DESCRiPTION FOR OPTION
Parcel 390 C.S. 6280 {35E=390) 904
That part of Tract A described below:
Tract A. 7he West Half of the NortheasT Quarter of the Northeast Quarter of
Section 19, Township 29 North, Range 22 West, Ramsey County,
M+nnesota; except that part taken for street; also except that part lying
south of Whee(ock Parkway and west of a Iine formed by the easteriy line
of Lot 6, Block 11, Dawson's lake Como and Phalen Avenue Addition to
the City of St. Paul, extended north to 4Vheeiock Parkway, the title thereto
being registered as evidenced by Certificate of Title No. 31383;
.
which lies between two lines run paralle! with and distant 45 feet and 155 feet southeriy
of the north fine of said Section 19 and between lines run parailel with and distant 340
feet westerly and 380 feet westerly of Line 1 described below:
Line 1. Beginning at a point on the north line of said Section 19, distant 740.2 feet �
west of the northeast corner thereofi thence run southerly at an artgle of
92 degrees 14 minutes 00 seconds from said north section line (measured
from west to south) for 600 feet and there terminating;
containing 0.10 acre, more or less;
together with all right of access, beirtg the right of ingress to ar�d egress from that part
of Tract A hereinbefore described, not acquired herein to Trunk Highway No. 35E and
to Larpenteur Avenue.
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TO THq IiONWtA�{.E MAYOR ANO GITY COUHCI6:
Panuwnt to 8e.aan 04�� � at the samt Paut ZanZng Ordttt�nae s�nd to 8ect4on 4s2,35�('S) ot
MlnnvaotM 8t�tuus, �,�.. � Ftf,rj , the owne� ai ali the lond propoa�d
ior ra�on;nq, ttetiby patlt opl t yau ta rt n� kht a6cve dato�hsd prapatqr irosn a
A� Y-2 zanin� d4�t�iG to s �'� tonfr� dlttrfct, fo� thb putpo3s of:
('o�vsf►y° cr��d r�b o9rn�77nr9 .f� ��trr R.i7l�t.c F,Kis r7'r
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Not�ry Pub!i�
DEPARTNENT OF P[.AN?iI\G
& ECONOMIC DEVELOPMENT
Pamela fYheelock Director
CITY OF SAIN'I' PAUL
Norm Co[eman, Mayor
Memorandnm
DATE:
TO:
FROM:
RE:
Mazch 26, 1998
Planning Commission
25 Wut Fourth &reet Telephone: 672-266-6655
Sairt� Paui, MNSSIO2 Facsimile: 612-228-3261
Donna Drummond, Planning Staff QO�r���^^^w'ri�`�1
Zoning File #98-027: Richard E. Eitel Rezoning - Additional Information
Three items of additional information:
1) A letter (attached) from the Minnesota Dept. of Transportation, received Monday, Mazch 23,
stating that it has no major concems as an adjacent landowner regarding the rezoning. However,
Mn/DOT lists the review procedwes and requirements that must be followed for development of
property adjacent to Mn/DOT right-of-way.
2) Several members of the Zoning Committee, at its pnblic hearing on this case on March 19,
requested additional information regarding the zoning of the proper[y north of Larpenteur Ave.
in Maplewood. 'The attached maps show the zoning in both Maplewood and St. Paul. Also, the
St. Paul map indicates additional lots west of the Eitel property that the State is seeking to
acquire for additional stormwater drainage. This information is from Mr. Eitei, and I have not
yet been able to independently verify this with the state.
3) A Planning Commission policy from 1984 regarding rezonings and subsequent special condition
uses on the rezoned property has been brought to my attention since Yhe Zoning Committee
meeting. This policy allows the planning administrator to administratively approve a speciai
condition use pertnit for properry that has been tezoned, if the special condirion use is the same
that was proposed at the time of the rezoning. This policy is meant to eliminate the necessity for
the Zoning Committee to hold two pubIic hearings for the same development. In cases such as
this, it is customary for the Planning Commission resolution to include a fmding that states likely
condirions for the special condition use permit should the rezoning be approved by the City
Council. The staff can then refer to the resolution to establish conditions for the special
condition use permit that is adminstratively issued. There is also a reduced fee for the app]icant
for an administratively issued SCUP.
Staff recommends adding the following language (in italics) to Finding 3 of the Planning
Cotnmission resoturion;
3. Section 60.544 (18) of the Zoning Code permits automobile repair facilities as permitted
uses subject to speeial conditions in the B-3 zoning district. The proposed site has the
potenrial of ineering all of the required conditions related to minimum lot size,
landscaping, indoor repair work, and outside storage. If the rezoning is approved fiy the
�
.
�
9 �- 55Z
Planning Commission
• March 26, 1998
Page Two
City Council, a special condition use permit will be required. The planning commission
amended its rules ofprocedure in 1984 (Resolution 84-23) to delegate authoriry for the
approval of special condition use permits to the planning administrator in cases where
public hearings have been held in which the commission has recommended, and the city
council has approved, a rezoning specifically for a special condition use. The use of the
property for an au[omobile repair facility must meet all the required conditions related
to minimum lof size, landscaping, indoor repair work, and ouuide storage. In addition,
the following additional conditions should be required:
a. Only customer vehicles and employee vehicles of ihe permiftee may be parked on
the tot. This condition is intended to prohibit tong term storage of vehicles on
the lot.
b. All vehicles parked outdoors on the lot sha11 be completely assembled with no
parts missing. Vehicle salvage is not permitied.
Attachments.
cc: Ken Ford, Planning Administrator
Richazd E. Eitel
Dishict 6 Planning Council
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Minnesota Department ofTransportation
Metropoliian Divisio�
Waters Edge
1500 West County fload B2
Roseville, MN 55113
March 13, I998
Donna Drumrnond
City of St. Paul Zoning Office
25 West Fourth Street
Saint Paui, MN 55102
Dear ponna Drummond:
SUB7ECT: Public Hearing Norice Review
Richazd Eitel Rezoning
Southwest Quadrant of Trunk Highway (TI� 35E and Lazpenteur Avenue East
Saint Paul, Ramsey County
C.S. 6280
The Minnesota Department of Transportation (Mn/DOT) has reviewed your request for comment
regazding a rezoning to allow construction and operation of an auto repair facility at TH 35E and
Lazpenteur Avenue East. We have no major concems regazding the rezoning. FIowever, we would
like to take this opportunity to remind the city of certain stipulations regazding development of
property adjacent to Mn/DOT right of way.
• If property adjacent to Mn/DOT right of way is to be platted, the preliminary plat must be
submitted to us for review, along with a site pian and grading and drainage plan if prepazed.
This must occur before we will issue any permits.
• We require a Mn/DOT access permit for access to or across state highways or right of way,
including Mn/DOT owned frontage roads. A change in the intensity or type of use of an
existing entrance also requires a pernvt.
• We require a Mn/DOT stormwater drainage permit for any change in rate of runoff to trunk
highway right of way, or any alteration of trunk highway storm water drainage systems.
• Any other use of or work within Mn/llOT right o£way, including but not limited Yo grading,
utility work, and landscaping, also requires a permit. The permit necessary depends on the
nature of the proposed work.
.
�
�
An equal opportunity employer
98-55
Donna Dnimmond
a March 13, 1498
page two
Please send copies of proposed plats and site plans to Sherry Narusiewicz, Local Government
Liaison Supervisor, at the above address. Questions regazding permit applications may be
directed to Bill Warden of our Pernrits Section at 582-1443.
Please contact me at 582-1654 with any questions regazding this public notice review.
Sincerely,
Scott Peters
Senior Transportation Planner/Local Govemment Liaison
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SENT BY FACSLMLL''�l�S- MAIL
Donna llrammond
Departmcnt of Planning
and Fconomic llevelopment
C:ity of St. Yau!
25 WcSt l�ourth Street
St. Paut, MiV SS1U2
Ke: Richard E. Eitel property
Dear Ms. Urummond:
This is to confirm that the Minnesota Department of Transportation wi11 acyuire Lnts 12
throu�h 19, Dawson's Lake C:nmo a�ld Phelan Avenuc Addition. '1'he lots lie west of tlic Richard
Eitcl property. The State �vill acquire thvse eig6t [o(s (or draina�c purposcs rclatcd lo
Intcntatc 351s.
Very truly yours,
�� �/ � L � �
� L�-'.yc.�i �1 • f �.i: -L''tx'�t'�,�
LOUIS K. ROBARDS
Assistatlt Attorney General
(612) ?96-C(7.i
LISR:It
cc: Uan Voss
Richard F.itel
nc,.a�ae� �t
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fsse.imilc lbl?) 297• i?i$ • T7Y: l6l°1 ?8L?5?5 • Tult Pro: Linae: (Rf101 hi7-31R7 (k�ircl, IMX+I ;�+-a%� 12 (1'1"Y)
qn Gyu�l Oppo�wniq Gnptuyer Who Wlucs Divtniry Q,el i4iutcd un ]0�4 re�Y�lcl �u�x:r (1 S r�xn� roasumcr contcnt)
�
3-38-1998 5:d6PM FR�M RICHARD EITEL
�
To: District 6 Council Member's
�
From: George & Robin Carter
Date: February 25, 199$
407 06d0 P� 1 C
�6^ .�.d7�
Zonin9 �,1� ��'�-Da7
J
Re: Developmerrt on Wheelock Pxrkway & I.arpemeur Ave.
We are aware o£ the development project Mr. Eiriel is involved in My wife and I owa
the adjacent propezties on Wheelock Parkway and Larpenteur Ave, next to Mr. Eitiel's
new development site. We would like to state in this letter to the District 6 Council
Member's and to evesyone else involved, we do not feel that Mr. Eiteil's development
would pose a detetmeni to our community. W e also feel that Ms. Eiriel should be
allowed to pursue his plans to develop bas project.
�/J`�u�-syr� ��G�-^�-�
.
MN CHILDREN FOOD&NUTR Fax�612-297-7721
Zoning Committee
25 West 4�' Street
1300 City Hall Annex
St Paul, MN 55102
Attn: Donna Drummond
Dear Zoning Corr�mittee:
Rpr 1 '98 22�48
Z��ti,.�
I am writing to oppose the rezorting of the property 6eionging to Richard Eitel (zoning
fife # 98-027). t am fhe properfy owner adjacent to this property and changing the
zoning woutd decrease fhe value af my property (which I confirmed rerzntly with an
appraiser). Since my property is currently under negotiations regard'+rtg market value
I am greatly concemed over fhis potential rezoning. in addition, this area is a
residentia[ area and has a weUands iype area at the southern portion of Mr_ Eitel's
property, it is also across the street from an elementary school. All of these reasons
cor�trib�te to my opposi6on of building an auto repair facility. I also bel'teve that there
are a number of current(y existing types of facifities wifhin a one to two mile radius,
that indicate that another such type of facility is not needed.
When the properry was initially up for auction, I did inquire what type of use would be
allowed. Either singie or multiple residentiai units could be constructed was what I
was told, but [ was aiso told that the parcef was unsuitabie for much development.
! realize that this property has been under conten6on for several years, where it has
become very weed filled after aA of the trees were cut down. I also know that many
neighbors were opposed to the removal of the trees, especially since this property is
(ocafed on a Parkway. i hope you strongly consider fhis letter when you are making
your decisio�, since ( was unable to attend the hearing on March 19"'.
Respecttully yours,
�`E� - l�-sc�F'o
Susan K. Weeks
Property Owner
215 East Wheelock Parkway
St. Paui, MN 55117
P. Ol
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Aprii21,i998
S.P. 6280 (35E=390) 904
County of Ramsey
Parce1390
State vs. Richard E. Eitel, et al.
NOTICE OF AWARD
q,8- SSZ
612-296-8648
In the above entitled eminent domain proceeding, the Commissioners appointed by the District Court in the
above named county filed their report with the Court Administrator on April 14, 1998, wherein they made a
monetary awazd as full payment for the acquisition of Pazce1390 for trunk highway purposes as foilows (see
attachment).
The awazd of the court-appointed Commissioners may be appealed to the District Court by the State, or any
. party having an interest in the subject property, if the award or its conditions aze considered to be unsatisfactory.
If an appeal is taken, it must be filed with the Court Administrator of the above named county and a copy
thereof must be mailed to the Office of the Attorney General, Transportation Division, Suite 200, 525 Park
Street, St. Paul, MN5�103, within forty (40) days from Agril 14, 1998. The Notice oFAppeai must conform
with ail the requirements as set forth in Minnesota Statutes, Sec. 117.145.
Attention is called to the fact that this is merely a notice of the award of the Court-appointed Commissioners,
and in no way shall it be considered an offer nor an acceptance by the State relative to said award. The appeaI
period expires as of May 24, 1998.
Sincerely,
�����CG !/'�
Merritt Lm�e, . irecfor
Office of LancfManagement
Note: If you have esecuted an Agreement to tlteAmount of t1:eAward and Waiver ofAppeal Therefrom, or
have otherwise agreed to the amount of this award, the above provisions with regard to appeal
and the appeal period do not apply.
i
Minnesota Department of Tra�sportatio�
Transportation Buitding
395 John Ireiand Boulevard
Saint Paul, Minnesota 55155-1899
An equal coportuniry empioyer
��
�
As to the lands described as Pazce1390, S. P. 6280 (35E=390) 904:
Richazd E. Eitel
Ciry of St. Paut
Staie of Minnesota
for
County of Ramsey
Bertha Spreigl
���
)
)
) R 350.000
)
)
)
;1 _.
State ofMiunesota )
Department of )
Natural Resources ) NONE
The above award is made on the basis and condition of a settlement beYween the parties
and includes all costs, intetest, and disbursements.
The above award is made on the basis and condition that all claims made in the case of
R;ch�rd P Fitel v C�t�t,y of St Paul a municiga] corooration and the State of Minnesota.
d nts and Third Partv Plaintiffs vs Countv,�f Ramsev T'hird-Partv Defendant, Ramsey
County Court file no. C2-92-01 I924, aze settled and resolved with the &ling of this awazd, and
said action shall be dismissed with prejudice.
The above award assumes that the above-referenced properry is &ee of all pollutants,
contaminants and hazardous wastes. Ttus commission has not assessed any damages for the
presence of po(lutants, contaminants, and hazardous wastes on the subject properry:� This award
is made with the express understanding that the petitioner, State of Minnesota, has reserved all
rights to recover damages, testing costs, and clean-up costs attn`butable to the existence of
pollutants, contamiaants, or hazardous wastes on the property from the respondent in a sepazate
tegai action. The commission has not considered the unpact of pollntants, contaminants, and
hazardous wastes on the fair mazket value of the subject property either before or after the taking
in its assessment of damages.
�
i
r�
L�
;'
�
� The above award is made on the basis and condition that all real estate taxes due and
payable in 1448 or in prior yeazs are the responsibility of the owner and that all delinquent taxes,
unpaid special assessments and future instalIments thereof are also the responsibility of the
owner or lessee herein_
The above award is made on the basis and condition of a change in the taking which
reduces the taking to the lands described in Exhibit A attached hereto.
The above awazd is made on the basis and condition that the State of Minnesota wiil
convey to Richazd E. Eitel, without further consideration, its easement over the lands described
in attached Er.hibit B.
98-�SZ
The above award is made on the basis and condition that Richard E. Eitel shali provide to
the State of Minaesota an option to purchase, for one dollar, the easterly forty feet of the lands
described in Exhibits A and B attached hereto, said easteriy forty feet being specifically
described in Exhibit C, attached hereto.
•
Excepting all minerals and reserving to State of Minnesota, Department of Natural
Resources, owners of the minerals, their heirs, successors, and assigns, the rights, and privileges
to explore for, znine, and remove the minerals, but only in such manner that will not interfere
with the use of said land for highway purposes or with the safe and continuous operation of any
public highway thereon, provided the mineral owner reserves the right to relocate the highway at
the mineral owner's exgense pursuant to Minn. Stat. § 160.10 as such may be amended.
AG:42800 v I
�
SEVT BY�RiV/DOT LAND MAriAGEMENT: 4-27-98 : 12�49 :
March 13, 'I998
fi280390.904
FEE ACQUISfTION
DESCRIPTION FOR S71PUl}l710N
Parce1390 C.S. 628� (35E=390) 904
That part of Tract A described 6elow:
� 6122283261:� 2! 4
Tract A. The West Half of the Northeast QuaRer of the Northeast Quarter of
Section 99, Township 29 North, Range 22 West, Ramsey County,
Minnesota; except that part taken for street; alsa except that part lying
south of Wheelock Parkway and west of a line formed by the easterly line
of Lot 6, Block 11, Dawson's lake Como and Phaten Avenue Addition to
the City of 5t. Paul, extended north to Wheelock Parkway, the tit(e theretc
being registered as evidenced By Certificaie of Title No. 31383;
which lies southerly of a lirte run paraile] with and distani 155 feet southerly of ihe north
(ine of said Sectiort 19 and westerly oP a lirte run parallel with and distant 340 feet
westerly of Line 1 described below:
line 1. Beginning at a paint on the nofth line af said Section 19, distant 74D.2 feet
west of the northeast corner thereof; thence run southeriy at an angie of
92 degrees 14 minutes 00 seconds from said north section line (measured
f�om west to south} For 600 feet and there termina2ing;
containing 1.�6 acres, more or less;
together with all rights of access, being the right of ingress to and egress from that part
of Tract A hereinbefore described, not acquired herein to Trunk Highway No. 35E.
Exxrszm a
�
.
�
SE\T BY��1VlDOT LAND MANAGFAIF_NT: 4-27-98 : 12�49 :
6122283261�� 3/ 4
�8- 55Z
�
March 13, � 998
6280390
DESCRlPT10N FOR RECONVEYANCE
Parce1390 C.S. 6280 (35E=390) 904
�
That part of Tract A described belaw:
Tract A_ The West Haif of the Northeast Quarter of the Northeast Ouarter ofi
Section 19, Township 29 NoRh, Range 22 West. Ramsey County,
Minnesota; except that part taken for street; also except that part lying
• south of Wheelock Parkway and west of a line formed by the easterly line
of Lot 6, Bfock 11, Dawson's Lake Como and Phalen Avenue Addition to
the Gity of St. Paul, extended no�th to Wheelocic Parkway, the title thereto
being registered as evidenced by CeRificate of Title No. 31383;
which lies between two lines run parallel with and distant 45 feet and 65 feet southerly
of the north line of said Seciion 19 and distant 340 feet westerly of L'+ne 1 described
below.
Line 1. Beginning at a point on the north line of said Section 19, distant 740.2 feet
west of the noriheast cornerthereof; thence run southerfy at an angle of
92 degrees 14 minutes 00 seconds from said north section line
(measured from west to south) for 600 fieei and ihere terminating;
containing 0.71 acre, more or less.
EXFFIBIT B
•
SF1VT BY�MN/DOT l.aND MAVAGEM6'VT: 4-27-98
March 13, 1998
6280390
12�50 :
61222832fi1�# 4! 4
�
DESCRiPTtON FOR OPT1aN
Parcel 390 C.S. 628� (35E=390} 9Q4
That part of Tract A described below:
Tract A. The West Haif of the Northeast Quarter of the Northeast Qua�ter of
Section 19, Township 29 North, Range 22 West, Ramsey County,
Minnesota; except that part taken for street; also except tfiat part lying
south of Wheelock Parkway and west of a line formed by the easterly tine
of Lot 6, Btock 11, Dawson's Lake Como and Phaien Avenue Addition to
the City of St Paul, extended north to Wheelock Parkway, the title thereto
being registered as evidenced by Certificate of Title No. 31383;
which lies between two lines [un paraltel with and distant 45 feet and i 55 feet southerly
of the north tine of said Section 19 and between Iines run para((el with and distant 340
feet westerly and 380 feet westerfy of Line 1 described below:
Line �. Beginning at a point on the north line of said Section 19, distant 740.2 feet
west of the northeast corner ihereofi thence run southedy at an angle af
92 degrees 14 minutes 0o secands from said north section line (measured
from west tn south) for 600 feet and there tertninating;
containing 0.1 Q acre, more or less;
together with a!1 right of access, being the right of ingress to and egress from that part
of Tract A hereirr6efore described, not acquired herein to Trunk Nighway No. 35E and
to LarpenteurAvenue.
EXBI$2T C
•
�
Council File # � 5 5 e�
ORfGI�#qL
<
2
Presented By
ordinance #
Green sheet #
ORDINANCE
SAINT PAUL, MINNESOTA
aE�r
Referred To I/ Committee: Date
1 ' '�N
.
0
6
7
9
10
11
12
13
14
15
16
17
18
l9
?0
'1
',2
4
An ordmance amendmg Chapter 60 of the Samt Paul Legislahve
Code pertaining to zoning for the Ciry of Saint Paul and the
zoning maps thereof:
WHEREAS, Pursuant to Minn. Stat. §462357 and Saint Paul Legislative Code §64.400, Richard E.
Eitel peritioned to rezone properry at the southwest comer of Larpenteur Avenue and the Interstate 35-E
frontage road (west side of freeway), as legally described in Section 1 below, from R-2 (single-family) to B-3
(general business) in order to allow construction and operation of an auto repair facility, the said perition
having been certified by Planning Staff on February 11, 1998, as hauing been consented to by at least sixty-
seven percent of the owners of the area of the property to be rezoned, and fiuther 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 preceeding the date of the petition; and
WHEREAS, The Zoning Coxnmittee of the Planning Commission on February 19, 1498, held a public
hearing for the purpose of considering the rezoning petition, and pursuant to Saint Paul Admnustrative Code
§ 107.03 submitted a recommendation to the Planning Commission that the petition be granted; and
WHEREAS, The Planning Commission considered the rezoning petition at its meeting held on
February 27, 1998, and reco�ended that the City Council approve the petirion; and
WHEREAS, notice of public hearing befare the City Council on the said rezoning petition was duly
published in the official newspaper of the City on April 17, 1998, 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 Council having been conducted on May 6, 1998, where
all interested parties were heard, the Council having considered a11 the facts and recommendations concezning
the petition; NOW, THEREFOItE,
THE COUNCIL OF THE CITY OF SATNT PAUL DOBS ORDAIN:
Section 1.
That the zoning map of the City of Saint Pau1, Sheet Number 5, as incorporated by reference in §60301 of
the Saint Paul Legislative Code, as amended, is hereby further amended as follows:
bsi rt
That property at the southwest corner of Larpenteur Avenue and the Interstate 35-E frontage road (west side
of freeway), being more particularly described as:
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
ORI�lNAL
That part of of Tract A described below:
�� .ssa-
Tract A. The West Half of the Northeast Quarter of the Northeast Quarter of Section 19, Township 29
North, Range 22 West, Ramsey County, Minnesota; except that part taken for sh aiso except
that part lying south of Wheelock Pukway and west of a line formed by the easterly line of Lot
6, Block 11, Dawson's Lake Como and Phalen Avenue Addition to the City of St. Paul,
extended north to Wheelock Parkway, the ritle thereto being registered as evidenced by
Certificate of Title No. 31383; except that part which lies southerly of a line run pazallel with
and distant 155 feet southerly of the north line of said Section 14 and westerly of a line run
parallel with and distant 340 feet westerly of Line 1 described below:
58 Line 1.
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
i7
rg
'9
0
Beginning at a point on the north line of said Section 19, distant 7402 feet west of the northeast
corner thereof; thence run southerly at an angle of 92 degrees 14 minutes 00 seconds from said
north section line (measured from west to south) for 600 feet and there terminating;
containing 1.06 acres, more or less;
together with all rights of access, being the ri�t of angress to and egress from that part of Tract A
hereinbefore described, not acquired herein to Trunk Highway No. 35E; and
That part of Tract A described below:
Tract A. The West Half of the Northeast Quarter of the Northeast Quarter of Section 19, Township 29
North, Range 22 West, Ramsey County, Minnesota; except that part taken for street; also except
that part lying south o£ Wheelock Parkway and west af a line formed by tha easterly line of Lot
6, Block 11, Dawson's Lake Como and Phalen Avenue Addition to the City of St. Paul,
extended north to Wheelock Parkway, the title thereto being registered as evidenced by
Certificate of Title No. 31383;
which lies between two lines run parallel with and distant 45 feet and 65 feet southerly of the north line of
said Section 19 and distant 340 feet westerly of Line 1 described below:
Line 1. Beginning at a point on the north line of sa3d Secrion 19, distant 740.2 feet west of the northeast
corner thereof; thence run southerly at an angle of 92 degrees 14 minutes 00 seconds from said
north secrion line (measured from west to south) for 600 feet and there terminating;
2
3 containing 0.11 acre, more or less;
be and is hereby rezoned from R-2 (single-family) to B-3 (general business).
96 Section 2. Lt �� S S a`
97
98 That this ordinance shail take effect and be in force thiriy (30) days from and after its passage, approval
99 and publication.
ORIGINAL
_ ,_. _ .
�� �
.��.,�a s.,���.,,�._._.�-.
�-
Adopted by Council: Date`;�����
Adoption Certi£ied by Counai Se tary
By: �
Approved by Mag r: Da
By: �
Form App � d by City Attorney
a .+.t�—� !—/a � �'�
q g -SSy '�
' BE ON COUNCIL AGENDA E
As soon as possible
TEAM
on� iNrtwrEe
06/01/98
266-6556
GREEN SHEET
�vo 65151
U oE.,urre+.owF.croR. . rs ,i U cm,ca,�u._
0 ��.to-�st �
dIYATTORlEY CIfYCIFRK �
❑ F�iallUeiLtER1nCFSOtlt ❑ AIAtIC1AL8FJYVlnCCIC
� WYOrt1oR/.891.4TANn �
(CLIP ALL LOCA ONS FDR SIGNATURE)
TOTAL # OF SIGNATURE PAGES
NUMBERFOR
�
Adopt an ordinance to finalize council approval of a petition of RIC�IARD E. EITEL to rezone property located
at the SOi7TFIWEST COI2NER OF Lt1RPENTEUR AVE. AND T�� IN�ERSTATE 35-E FRONTAGE
ROAD (no assigned address) from R-2 to B-3 (public hearing held May 6, 1998) .
PLAtJPlING COMMISStON
GB COMMITfEE
CNIL SERVICE COMMISSION
i50NAL5EKVICE CONSRACTS MUST ANSWE0. THE FOLLOWING (
Flas ihis Pe«�tm evH wdked untler a contract fw ihis departmeM'7
YES NO
Has Mie persoMfirm eve� heen a dty employee?
VES NO
Does this perso�rtn possess a sltill not rrortnallypossessetl by anY �� city emPloYee?
YES NO
Is this pelsofUfirm a tarpeted yendoR
YES NO
Finalize City Council approval of a petition of RICHARD E. EITEL to rezone property at the SOUTHWEST
CORNER OF LARPENTEUR AVE. AND THE INTERSTAT'E 35-E FRONTAGE ROAD fram R-2 (single-
family residential) to B-3 (general business) for the purpose of constructing and operating an auto repair
facility. .
�OU?`��dl �2SE?:iTCn ��'i "'r REG�}'�EI�
IF
IF
��� � � JUN 1 � 199�
�Arczs's o���c
�ED
DN f
.� - _�:;:
��.>;��.�.� �J
�,�Sd: �$ �3�3�
� ���� ����
COST/REVENUE BUDCETED (CIRCLE ON�
YES NO
SOURCE AC�MtYNUMBER
DEPARTMENT OF PLAN1�'ING
& ECONOMIC DEVELOPMENT
P¢meta WheelocF; Dirudor
CTTY OF SAIN'f PAUL
Norm Coleman, Mayor
Apri113,1998
Ms. Nancy Anderson
City Council Reseazch Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Deaz Ms. Anderson:
zs weczPowrh so-eer
Saint Paul, MN55101
q8-55z
Telephone: 612-2b6-6655
Facsimile: 612-228-3267
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday
May 6, 1998 for the following zoning case:
Applicant:
File Number:
Purpose:
Address:
RICHARD E. EITEL
#98-027
Rezone property from R-2 (single-family residential) to B-3 (general business)
for the pLUpose of conshucting and operating an auto repair facility.
Southwest corner of Larpenteur Ave. and I-35 E frontage road (west side of
freeway)
Legal Descriprion
of Property: On file.
Previous Action:
Planning Commission Recommendation: Approval, vote: unanimous, April 10, 1998
Zoning Committee Recommendarion: Approvai, vote: 7-0, Apri12, 1998
My understanding is that this public hearing request will appear on the agenda far the Apri122, 1998
City Council meefing and that you will publish notice of the hearing in the Saint Paul Legal Ledgex.
Please call me at 266-6556 if you have any questions.
5incerely,
� �
/� �
Donna DiUmmond
City Planner
cc: File #98-027
Paul Dubruiel
Pattie Kelly
. a�s� xNV, .
3POTICE OR P[1BLIC HEARIIiCr
\
�'the Saint Paul C1ty Council wi11 eondvM a public fiezring"o��"e'sday. May 6.
1998 at 5:30 g.m. in the Clty CouncIl Chambers, Third Floor CiTy Hall-Court House.
Yo consider the applicatbn of Idchard Eitel to rezone property from R-2 (single-family
rea3dentia,l) fo B3 (general business) the purpose of consWCt3ng and operating an
auto�repair facWty at the sovthwest comer of Larpenteur Avenue and I-35E firont�ge
road�!(west s3de of freeway). _ - _ . ,
Datedf Api31 15,_ 1998 _ _ _ . � - .
I+FANCYANDERSOFI ' � .
Assiat8nt Gti�y COUncfi SecFekarY �iil 17, 19981 "_ �
DEPARTME�IT OF PLAMVING
& ECONOMIC DEVELOPMENT
Pomel¢ WheeLock, Direcfar
I 1
� J
CITY OF SAIN'T PAUL
Norm Coleman, Mayor
Apri129, 1998
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Hall
Saint Paul, Minnesota 55102
2i Wut Fourlh Street
SaintPaul, MN55702
RE: Zoning File #98-027 RICHARD ETTEL
City Council Hearing: May 6, 1998, 530 p.m. City Council Chambers
q8
_ ��
Telephone: 672-266-665�
Facsimile: 612-228-3261
ET �pn�E: To consider rezoning property at the southwest corner of Larpenteur Ave. and the Interstate
35-E frontage road (west side of freeway) from R-2 (single-family residenria]) to B-3 (general business)
for the purpose of constructing and operating an auto repair facility.
• PT.ANNINC; C(�MMTSSiON RF,COMMF'1VDATTON: APpROVAL vote: unanimous
RONTN�OMMiTTEF RFC'OMMFNT)ATION: AppROVAL vote: 7-0
STAFF RP.C'nMMFNf)A'I70N: APPROVAL
�TTPPORT: No one spoke. District 6 Planning Council voted to support the rezoning. One letter of
supportreceived.
OPPOST'PInN• No one spoke. One letter in opposition received.
Dear Ms. Anderson:
.
RICfIARD EITEL submitted a petition to rezone properiy at the southwest corner of Larpenteur Ave. and
the Interstate 35-E frontage road (west side of &eeway). The Zoning Committee of the Planning
Commission held a public hearing on the proposed rezoning on March 19, 1998. The applicanf
adciressed the committee. At the close of the public hearing, the committee voted 5-2 to recommend
approval to rezone to B-2. The Planning Commission discussed the application at its meeting on Mazch
27, 1998, and referred the application back to the Zoning Committee for fiuther discussion. On Apri12,
1948, the Zoning Committee voted 7-0 to recommend approval of the rezoning. The Planning
Commission upheld the Zoning Committee's recommendation for approval on a unanimous vote on April
10, 1998.
This proposed rezoning is scheduled to be heard by the City Council on May 6, 1998. Please notify me
if any member of the City Council wishes to have slides of the site presented at the public hearing.
Sincerely,
l; (�rw���/"""""'"" T I
Donna Dnunmond
City Planner
Artachments
ca City Councilmembers
� 8- 55z
� city of saint paui
planning commissson resolution
fife number 98-26
�' te April 10, 1998
WHEREAS, RICHARD E. EITEL, Pile # 98-027, has petitioned fo rezone the southwest comer of
Latpenteur Avenue and the Interstate 35-E frontage road, a vacant parcel of approximately 1.68 acres,
situated between Larpenteur Avenue and Wheelock Parkway, from R-2 (single-family residential) to B-3
(general business) for the purpose of constructing and operating an auto repair faci]ity; and
WHEREAS, the Zoning Committee of the Planning Commission on March 19 and April 2, 1998, held a
public hearing 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 Legislative Code;
and
WHEREAS; the Saint Paul Planning Commission, based on the evidence presented to its Zoning
',Cocnmittee at the public hearing as substantially reflected in the minutes, made the following findings of
fact:
. .1. . Richard E. Eitel is the contract purchaser of the property. The State of Minnesota is listed as the
. •--fee owner,•and Mr, Eitel has been paying Ramsey County, which holds the ptoperty in trust for
the state, annual installments toward the purchase of the property. The City Attomey's office
has advised that both the State of Minnesota as fee owner, and Ramsey County as trustee, must
sign a waiver of any interest in the rezoning, or altematively, Mr. Eitel must pay off the coniract.
The City Attomey's office recommended that the Zoning Committee consider the petition, with
the understanding that these waivers be received by the City or Mr. Eitel complete purchase of
the property before final action is taken by the City Council. Subsequently, Mr. Eitel indicated
that he paid off the contract with the county on March 31, 7998 to become the fee owner of the
property,
2. Mr. Eitel intends to construct and operate an automobile repair facility on the northern 90 feet of
the property, the portion that fronts on Larpenteur Avenue. He has also stated that he wiil be
acquiring 20 feet of Larpenteur Avenue right-of-way from the state for a total of 110 feet to be
developed. He intends to sell the remaining property, the southern 195 feet of the lot, to the
� State of Minnesota to accommodate stormwater runoff from Interstate Highway 35-E. The
rezoning petition is requesting that the entire properiy be rezoned to B-3, including the 20 feet of
Larpenteur Avenue right-of-way. The State of Minnesota, as represented by Mr. Louis K.
Robards, Assistant Attomzy General, has co-signed the rezoning application as fee ovmer for the
20 feet. His letter of March 18, 1998, describes the pending purchase by the state of the southem
portion of the site, and the reconveyance of the 20 feet adjacent to Larpenteur Avenue to Mr.
Eitel.
moved by Field
� seconded by
in favor Unanimous
against �
Zoning Fite #98-027
Page Two of Resalution
3. The purchase by the State of Minnesota of the southem 195 feet of the lot and the reconveyance
of the 20 feet of Larpenteur Avenue right-of-way to Mr. Eitel from the state will become
finatized �vhen the condemnation award is fiied in coact by the state. Mr. Robards of ttce State
Attomey GeneraPs office has indicated this will occur by April 1 S, 1998. �Vhen that occurs, Mr.
Eitei wilt no longer o«n the southem poRion, therefore it shoald be remaved from the
application for rezoning. The state's condemnation action will create a separate lot or parcel.
Only the remaining parcel, which Mr. Eitel will own, should be considered for rezoning from
R-2 to B-3.
4. SecTion 60.544 (18) of the Zoning Code permits automobile repair facilities as permitted uses
subject to special conditions in the B-3 zoning district. The proposed site has the potential of
meeting all of the required conditions related to minimum lot size, landscaping, indoor repair
work, and outside storage. the rezoning is approved by the City Council, a special condition use
permit wil] be required. The planning commission amended its rules of procedure in 1984
(Resolution 84-23) to delegate authoriry for the approval of speciai condition use permits to the
planning administrator in cases where public hearings have been held in which the commission
has recommended, and the city council has approved, a rezoning specifically for a special
condition use. The use of the property for an automobile repair facility must meet all the
required conditions related to minimum lot size, landscaping, indoor repair work, and outside
storage. In addition, Yhe following additional conditions should be required:
�
a. Only customer vehicles and employee vehicles of the permittee may be parked �
on the 1ot. This condition is intended to prohibit long term storage of vehicles
on the lot.
b. All vehicles parked outdoors on the lot shall be cbmpletely assembled with no
parts missing. Vehicle salvage is not permitted. �
5. The rezoning is consistent with the comprehensive plan. Goals and objectives of the Districi 6
Plan include the following: to encourage the development of new housing and businesses (p. 21).
In addition, the Economic Development,Strategy includes: 1) Objective #6, "ensute sufficient
land for future business gzowth"; 2) Policy #25, "the ciry's land use plan should pirovide
adequate land for industrial and commercial development and expansion in order to increase the
proportion of commerciaUindustrial tax base"; and 3) Policy #29, "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 activity" (pp. 17-18).
6. The rezoning is consistent and compatibie with the way the area has developed. Across
Larpenteur Avenue to the north of the site is a gas station, which is in Maplewood. The freeway
frontage road and Interstate 35-E are to the east. The southem edge of the site fronts on
Wheelock Parkway, and across Wheelock are the playfields for Mississippi Creative Arts
Magnet Schooi. To fhe west of the site are residential uses along Wheelock Parkway and vacant
land zoned residential along Larpenteur Avenue.
In addition, there is a significant amount of traffic in the area. Larpenteur Avenue carries 13,625
vehicIes per day; the freeway frontage road carries 6,82� vehicles per day; Interstate 35-E carries
135,225 vehicles per day; and `Vheelock Parlavay cames 5,000 vehicles per day. Given this -
level of traffic, residential deceIopment of this site seems unlikely, and rezoning to allow
commercial development is compatible with the way the area has developed.
The rezoning �vill not have an adverse impact on adjacent properties if appropriate landscaping
y8-SSz
• Zoning File �98-027
Page Three
and screening is installed on the west side of any development of the property to shield the
residential uses there. There will not be any immediately adjacent residential uses, however,
because the state is also in the process of acquiring the eight piatted lots immediately west of the
subject properry (Lots 12 through 19, Dawson's Lake Como and Phelan Avenue Addition).
S. The applicanf submitted a sufficient petition of two-thirds af the property owners within one
hundred (] 00) feet of the property stating support for the rezoning (three parcels eligible, two
required, and two signed).
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission that the petition of
RICHARD E. BITEL, to rezone property at the southwest comer of Larpenteur Avenue and the Interstate
35-E frontage road, a vacant parcel of approximately 1.68 acres, situated behveen Larpenteur Avenue
and Wheelock Parkway, more particularly described as Section 19 Township 29 Range 22 subject to
Highway part of the west 1/2 of the northeast 1!4 of northeast 1!4 north of Wheelock Pkwy in Section 19,
Township 29, Range 22, plus an additiona120 feet immediately north of previously described site
(exactly described in the file), from an R-2 (single-family) zoning classification to a B-3 (general
business) zoning classification is consistent with the Comprehensive Plan for the City; however
BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to the
Council of the City of Saint Paul that only the northem 110 feet of the property located at the southwest
comer of Larpenteur Avenue and the Interstate 3S-E frontage road, a vacant parcel of approximately
• 26,400 square feet, situated between Larpenteur Avenue and Wheelock Parkway, be rezoned from R-2 to
B-3, pending finalization of the purchase of the southem 185 feet by the State of Minnesota and
reconveyance of the 20 feet of Larpenteur Avenue right-of-way to Mr. Richard Eitel, and receipt of the
descriptions of the two separately described properties from the State of Minnesota prior to final City
Council approval, in accordance with the information for the rezoning on file with the Saint Paul
Department of Planning and Economic Development.
.
98-55z
a
C J
Saint Paul Planning Commission
City Hall Conference Center
15 Kellogg Boulevard West
A meeting of the Planning Commission of the City of Saint Paul was held Friday, Apri1 10, 1998, at 8:30
a.m, in the Conference Center of City Hall.
Commissioners
Present:
Commissioners
Absent:
Mmes. Duarte, Engh, Morton, Nordin, Treichel, and Wencl and Messrs. Field Jr.,
Gervais, Gordon, 7ohnson, Kramer, McDonell, Nowlin and Sharpe.
Mmes. *Faricy, *CTeisser, Maddox and Messrs. *Chavez, *Kong, *Mardetl, and
*Vaught.
*Excused
Also Present: Ken Ford, Planning Administrator; 3ean Birkholz, and Roger Ryan, Department of
Planning and Economic Development staff.
I. Approval of Minutes oF March 27,1998
MnTION: CommissionertYlcAonell moved approval ofthe n:inutes ofMarcl: 27, 1998;
Commissioner Treichel seconded the motio�: wl3ich carried unanimausly or: a voice vote.
II. Chair's Announcements
Chair Morton announced the unexpected resignation of Roger Ryan, who has worked as a City
Planner for the City of Saint Paul for 36 years Chair Morton read a resolution of thanks in his
honor.
NIr. Ryan aclmowledged that he is happy to retire, but will sincerely miss coming to Planning
Commission meetings and Zoning Committee meetings; and he will miss working with all its
members on the various issues throughout his years with the City.
Commissioner Wencl assured Mr. Ryan that he will always be welcome at Zoning Committee
meetings. She thanked Mr. Ryan for his work throughout the years.
Commissioner Field echoed Commissioner Wencl's comments. He added that Mr. Ryan's
history and knowledge of the zoning code will be greafly missed. He asked Mr. Ryan to
consider, at some time, being a member of the Planning Commission.
l'LQTIQY: Con:missioner Field moved approva[ of the resolution; Comn:issioner Nordin
seconded the motion which carried unanimously on a voice vote.
Chair Morton urged members of the Planning Commission to tum in their completed forms that
. came in the latest packet to 7ean, if they have not already done so.
III. Planaing AdminisYrator's AnnouncemenYs •
Mr. Ford noted that PED staff is very sorry Yo see Roger leave, but are very happy for him and
think that his retirement is very well deserved. Mr. Ford announced a retirement dinner for
Roger April 24, 1998, and he encouraged all members to attend.
Mr. Ford reminded Comunissioners that at their last meeting they took action to express their
opinion on a proposal before the Ciry Council that woald waive fees for district councils when
they file appeals of decisions by the Planning Commission, the Zoning Administrator, or the
BZA. He stated that the proposal failed this week at the City Council meeting on a vote of 4- 3.
NIr. Ford announced that Mr. Larry Soderholm rvill be stepping in where Roger Ryan has been
to help guide the zoning function in PED. That wilI mean some other changes for the rest of
staff for finishing the Comprehensive Plan and other tasks.
Mr. Ford announced That Mr. Soderholm has just retnmed from the annual conference of the
American Pianning Association in Boston and reported that there is a great deal of interest and
concem about things thai the Planning Commission and planners are talking about here. He
asked Larry to give a brief report at this time. Mr. Ford informed Commission members that he
will be leaving now to attend a hearing elsewhere and that Mr. Ryan will be staying in his place.
Commissioner Gordon asked Mr. Ford if the City Council gave a reason with respect to
rejecring the fee waiver. Mr. Ford replied that one member expressed that there is no reason
district councils should be singled out from others who make applications for appeal, and that �
he had not had any correspondence or requests coming from district councils supporting the
idea. Others expressed that there was no reason for singling out district councils and if we did
single them out, then wko else ought to have some special �eatment.
Mr. Soderholm reported on the American Planning Association's Annual Conference, which
took place in Boston. He stayed in Brookline, an inner suburb of Boston, and rode the "green
LRT line" Yo downtown Boston for his meetings. Ellen Goodman, the Boston Globe columnist,
was the kickoff speaker for the opening session. She said that reaI Americans don't p1an, and if
they do, they don't admit it. She stated that Yhe values of the American society have
emphasized so much individuaI achievement and individuaiism that the American society needs
to re-balance its values. Planning Commission members and planning staffs have a role to play
in expressing the coilective side of fhe equation. She reminded the audience, as a chronicler of
the Women's Movement, that the Women's Movement started with the ideas that women would
be able to advance in cazeers and have professional lives, and that society needed to recognize
the value of caretaking roles that women traditionally had played. She went on to say that
Americans have been much more s¢ccessful at making women's careers possible than at
changing the values of our sociery to recognize the unportance of caretaker funcrions and the
worth of the commonweaith.
Mayor Menino of Boston tatked about his facorite projects. One of them is a new
comprehensive plan they aze starting called "Boston 400." He emphasized that Boston is a
�valking city and Larry found out that it certainly is. It's a city of history and mixed use and
beautiful parks. Boston is talkin� about moving Fenway Stadium or replacing it.
Preservationists want to restore it. Mr. Soderholm said he was especially interested in
Washington Street in Boston that runs from downtown south to Roxbury, a low income minority -
q8-55Z
• community, which Mayor Menino says will be the "5treet for the next Century." It is a wide
street similar to University Avenue. Larry brought back copies of their plan. Boston also has
extensive public gardens. The city leases land to a central garden organization for 99 years to
have permanent public gardens.
The themes of the sessions emphasized "liveable communities," "walkable neighborhoods,"
"higher density housing," and "�ansit oriented design;" the same issues that we are concemed
about in Saint Paul are being debated throughout the United States. A conference proceedings
�vas published that contains resources and people to contact in other cities about related issues.
Mr. Soderholm said that he was impressed to leam that the Dallas LRT 5ystem, which opened
I S months ago, is a great success. Itetail businesses are no�v snapping up property on the street
in downtown Dallas on which the LRT is located. Dallas is also planning village type centers
around the LRT stations.
Mr. Soderholm mentioned that he also leamed some things about regulating "big hox"
development, an issue of concem for the University Avenue Plan. In Fort Collins, Colorado,
they require a lot of little things that help mitigate the impact. The "big box" companies are
somewhat sensitive to the fact that people generally dislike them. People shop there, but as a
part of their community, they dislike the "big box." Wal-Mart is starting a new branch called
Smal-Matt, with 40,000 square foot stores that they can locate neaz and in downtowns. Some of
the regulations that were talked about regazding "big boxes" were: 1) allowing no more than
� 50% of their parking to be between the street and the building; 2) making them wrap the parking
around behind; 3) not allowing big blank walls (IYs important for public safety and for
aesthetics to have doors in any facade that opens to a public street.); and 4) having some
transparent windows along big long walls,
Mr. Soderholm promised that he would be putting together a Boston slide show for the staff and
talking about some of these things in more detail.
Chair Morton noted that Ms. Homans would be passing out invitations for Roger's retirement
party, in case some members had not received one in the mai1.
IV. Zoning Committee
#€9�_770 Alter Tradin� rorn�ration - Conclude special condition use process for a large metal
shredder at 801 Barge Channel Road. (Itoger Ryan, 2b6-6574)
Commissioner Field stated that there had been an apparent problem with the notification
process. Staff recommended and the Committee concurred that this item be laid over to April
16, 1998.
#�};-3fi M��a Homec_, Tns. - Special condition use permit to allow a cluster development
�vith ten townhomes (five twinhomes) at the southwest quadrant of Lexington and St. Clair
Avenue. (Beth Bartz, 266-6580)
MOTION: Commissioner Fietd moved approvat of tlze special condition use permii fo allow a
cluster develapment with twelve townhomes (six twinFsomes) at the southwest quadrant of
, Lexington and St. ClairAvenue with 10 (ten) conditions, which carried unanimously on a
voice vote.
#9R-027 Richard F:�el - Rezoning of property at the southwest comer of Interstate 35E
frontage road between Larpenteur and Wheelock Parkway from R-2 to B-3 to allow
construction and operarion of an auto repair facility. (Donna Drummond, 266-6556)
Commissioner Field stated that there had been some discussion about this at the Zoning
Committee beca�se part of this property is being acquired by the State Department of
Transportation.
Ms. Donna Drummond apptoached the podium to e7cplain. She said that the purchase of the
southem 2!3 of the property that was applied for rezoning will be finalized by April 15, 1998.
When that occurs, the State of Minnesota wili have taken ownership of the southern 2/3 of this 1
1/2 acre property, and Mr. Eitel will retain oumership of the northem 1/3 of the properry. This
northem third is the portion that the Zoning Committee recommended be rezoned. The southern
portion would not be rezoned.
MOTiON: Commissioner Field moved approval with conditions of a request to rezone
property at the southwest corner oflnterstate 35E frontage road hetwee�t Larpenteur and
YYheelock Parkrvay from IZ-2 to B-3 tn aUow consiruction and operation of an auto repair
facility, which carried unanimously on a voice vote.
I`1
�
#98-O�S Prnfescional Rnildi�g Services - Special condition use pernut to a11ow outdoor sales
of new and used automobiles and modification of the lot area requirement at 1176 Dale Street �
North. (Donna Drummond, 266-6556)
MnTiON: Commissioner Field moved denial of the requested special eondition use permzt to
allow outdoor sales of new and used automobiles and modification of the lot area
requirement at 1176 Dale Sfreer 1Vorth which carried unanimously on a voice vote.
#9R-OS] Ternme T.aC'roix a William Dunnigan - Rezone property from RT-2 (residential)
to B-3 (general business) at 365-367 and 371 Smith Avenue North to allow expansion of an
existing auto repair and service starion. (Beth Bartz, 266-5599)
Commissioner Field explained that there was tesrimony that led the Zoning Committee to vote
for a layover of this issue to April 16, 1998.
#9R-OS'i MPlvin Hgard �ugdom Hali) - Sign area variance to allow two idenfification signs
(30 square feet permitted; 52 squaze feet requested; for a variance of 22 square feet) at 678
Hague Avenue. (Jim Zdon, 266-6559).
NjnTiON: Commissioner Field moved approval with conditinns of the requested sign area
variance to allow a single 40 square feet iden[ification sign at 678 Hague Avenue which
carried unanimously on a voice vote.
Commissioner Field read the agenda far April 16, 1998.
�
0
1
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C�
MINUTES OF THE ZONING COMMITTEE
Thursday, Aprit 2, 1998 - 3:30 p.m.
City Councii Chambers, 3rd Floor
City Hall and CouR House
15 West Keilogg Boulevard
PRESENT:
ABSENT:
Chavez, Faricy, Fieid, Gordon, Kramer, Vaught and Wencl
Morton (excused)
98-ss z
OTHERS Peter Warner, Assistant City Attorney; Beth Bartz, Donna Drummond, Pattie Keiley,
PRESENT: Roger Ryan, and Jim Zdon of PED.
The meeting was chaired by Commissioner Field.
Richard Eitet, File 98-027 - Rezoning from R-2 to B-3 to allow construction and operation of an auto repair
faciiity at the southwest corner of tnterstate 35-E (frontage road between tarpenteur and Wheelock
Parkway).
Donna Drummond referred to and expiained a letter received from the Attorney Generaf's Office of the
State of Minnesota confirming that the Department of Transportation is in the process of acquiring Lots 12
through 19 immediately adjacent to the west of the Eitel property. She said the latest information she has
from the Attorney General's O�ce is the condemnation award will be filed by April 15th, and that the date
it is filed is considered the date the State is in ownership of that property.
Upon question of Commissioner Kramer, Ms. Drummond stated April 15th is the date the property will be
spfit.
At the question of Commissioner Gordon, Ms. Drummond explained if the rezoning is approved, the
applicant will have to comply with all guidelines set foRh by the State.
Ms. Drummond also referred to and explained a Pianning Commission policy which allows staff to
administratively issue SCUPs requ+red for deve{opment proposed as part of a rezoning.
Upon question of Commissioner, Ms. Drummond said the original packet inciuded a letter from the
Attorney General's Office stating there would be a condemnation award ftled, and it also identified that
portion of the property wtiich wi11 be acquired by the State. She further stated the parcel of land between
east of the Eitel property and 135-E will remain zoned R-3, when there is a City right-of-way the zoning
boundary extends to the m+dd4e of the right-of-way, that the Stafe of Minnesota owns the property for the
135-E right-of-way outright, and the frontage road is considered part of the 35-E right-of-way.
Upon question of Commissioner Wenci, Ms. Drummond expiained the application came in for the entire
property because that is what the applicant owned. She said the applicant was purchasing this property
from the County, who were holding it as trustee for the State of Minnesota. She aiso noted Mr. Eitel has
paid that contract off, which she confirmed with the Cou�ty Tax Forfeit Office. Ms. Drummond further
stated the property is not yet divided because the condemnation award has not been filed by the State.
When it is fi{ed, the State will then be the owner of the property and it will become two separate parcels.
Upon question of Commissioner Vaught, Assistant City Attomey Peter Warner explained the petition is to
rezone a set piece of property, and the Zoning Commission could recommend the City Council consider
. rezoning to 8-3 only that portion which the applicant wa�ts to develop. The remaining parcel of property
will more than likely f�ef be held as a drainage basin for the State of Minnesota. Mr. Warner fuRher stated
it is his understanding that the 4ong-term goal of the State is to eventualiy increase the size of 135-E In
width by adding more lanes, which is why the State is progressing farther west to pick up additionai
property for storing stormwater from 135-E. He also �eferred to concern that if a new R-3 zoning district
is created that an R-3 use wili go in that area, and said that is not fikely to happen.
Zoning Cammittee Minufes
April 2, 1998
Richard Eitei (98-027)
Page Two
Commissioner Kramer asked if the applicant would be required to repetition in order to rezone a smafter
area, and Mr. Wamer said no and that adequate notice has been given to property owners who might be
interested in this rezoning.
At the question of Commissioner Wencl, Mr. Warner expiained when the government sefs out to acquire
a property througfi eminenf domain they have to state a public purpose, and the public purpose is to
acquire land for drainage.
Chair Field said the public hearing was closed ort this item at the March 19th meeting, but fhe applicant
is present and wou(d fike fo speak to the Committee.
Commissioner Vaught moved and Commissioner Gordon seconded the motion to reopen the public
hearing, and roll call was taken.
Adopted Yeas - 7 Nays - 0 (The public hearing was reopened)
Richard Eitel (4268 Pond �ew Drive, White Bear Lake, Minnesota), appeared and presented an aerial
photograph of the property displaying the poftion the State will be purchasing.
At the question of Commissioner Kramer, Mr. Eitel expressed agreement to the rezoning being subject to
the parcei being acquired, of rezoning only the portion of land he will be keeping.
No one appeared either in support or opposition, and the public hearing was closed.
Commissioner Gordon moved to approve rezoning of the part of the property that the appiicanf wishes fo
use for the business, and tfie mofion was seconded by Commissioner Wencl.
Commissioner Kramer said it was his understanding that rezonings nee8ed to be approved by zoni�g lot
and not by a portion of a lot, and Commissioner Vaught explained by the time this Committee's
recommendation is before the City Council fhe lot split should have taken place.
At the suggestion of Pefer Warner, Commissioner Gordon included in his motion that at the time when the
property is split, the legai description, which is required by the State, will then become the tegai description
that the City Council wili act on, This condition to the motion was seconded by Commissioner Wencl.
There was no further discussion.
Adopted Yeas - 7 Nays - 0
Drafted by:
Pattie Kell
Recording Secret ry
Submitted by:
�Crwr�
Donna Drummond
Northwest Team
Approved by:
Litton Field
Chair
i
�
�,
98
� Saint Paul Planning Commissioa
City Hall Conference Center
15 Kellogg Boulevard West
A meering of the Planning Commission of the City of Saint Paul was held F'riday, March 27, 1998, at
$30 a.m. in the Conference Center of City Hall.
Commissioners Mmes. Duarte, Engh, Faricy, Cseisser, Ivfaddox, Morton, Treichel and Wencl
Present: and Messrs. Field Jr., Gervais, Kong, Kramer, Mardell, McDonell, Nowlin and
Vaught.
Commissioners Ms. *Nordin and Messrs. *Chavez, *Gordon, *7ohnson, *Sharpe
Absent:
*Excused
Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Donna Drummond, Nancy Frick,
Tom Harren, Nancy Homans, Patricia James, Gary Peltier, Roger Ryan, Latry
Soderholm, Allan Torstenson and 7im Zdon, Depariment of Planning and Economic
Development staff; and Mike Klassen from the Deparhnent of Public Works.
� I. Approval of Minutes of March 13,1998
M_QTIQ�: CommissinnerKramer moved approval of the minutas ofMarch 13, 1998;
Commissioner Field seconded the motio�: which carried unanimously on a voice vote.
II. ChaiY's Announcements
Chair Morton announced that at that moming's Steering Committee the position of quadrant
liaison �vas discussed. Mr. Ford has drafted "Expectations for Neighborhood Liaisons" to be
used as a guideline.
Chair Morton further announced that the Steering Committee has proposed a resolution that
states the Planning Commission opposes the refund of appeal fees to applicants when presented
by the community councils, in response to a resolution being presented by Councilmember
Coleman which states that community councils would be refunded application fees for appeals.
The Planning Commission's rationale for opposing Councilmember Coleman's resolution is
that no group should be singled out to have a refund of a fee.
Commissioner Kramer interjected that he thinks iYs a waiver, not a refund.
Commissioner Vaught commented that he thinks the issue remains the same. If there are appeal
fees, they should appty to everyone; if there are not appeal fees, that also should apply to
everyone. He sees no logic for exempting a particular category of appellants from the fee, and
� he is troubled if appeal fees ate selectively applied to particular groups or individuals and not to
others. The same rules should apply to everybody.
Commissioner Field noted that an individual or group of individuals, who wish to appeal may,
ra[her appealing on their own accord, choose to pursue it through the district councit just for the �
waiving of the fee_ He clearly thinks that it would be bad golicy to select one groap for those
Fees to be waived.
The motion on the fZoor to submit a resolution stating that the Pla:sning Commission oppvses
the refund or waiving af fees far appeals by community councils carried unanimously on a
voice vote.
Chair Morton announced that there will be another meeting of committees at the close of the
meeting to choose different meeting dates for the Comprehensive Planning Committee and the
Neighborhood and Current P[anning Committee.
III. Ptanning Administrator's Announcements
Mr. Ford reported on his inquiry into the reasoning for the City Council finding error on the part
of the Planning Commission in upholding an appeal for the Citgo sign at the service station near
SneIling Avenue and I-94. They concluded:
1) the site of the proposed sign does not constitute an unusual condition. The fact that the
filling sYation is located next to the freeway is not so unusual that the extra visibility
provided by a higher sign is necessary; and
2) the greater height and greater size of a proposed sign would adversely affect adjacent
residential properties. Due to the greater height and size of the proposed sign, it's light
wouId cast even more glare on surrounding properties. �
Copies of that resolution are available from Mr. Ford.
Mr. Ford continued that at the last City Council meeting, there was an appeal by the applicant of
the Planning Commission's denial of a special coadition use permit for an auto specialty store
on East 7th Sh�eeY. That appeal also was upheld by the City Council. They concluded fhat they
could place enough condztions on it, and the senricing of autos was a limited part of what was
going on there. It is limited to only one bay and to a very limited type of service. Most of the
store was more like a retail store than an auto servicing.
Also before the City Council was the appeal of the Planning Commission's denial of a
determination of similar use permit for the nursery at the properiy on Point Douglas Road. That
appeat was denied.
IV. Zonina Committee
#4R-R] 1 Mon�1m Resid n�ce 1 Peter K�elv (Laid over from March 5, I998} - Speciai
condition use permit to allow conversion of residential structure greater than 9,000 sq. ft. As a
residence for frail eiderly and elderly with dementialAlzheimers. (7im Zdon, 266-6559,
Southwest Team)
MnTIO�T: Commusio�ter Wenc! moved approval of the request for a special condition use
permit to allow conversion of a residentia[ structure greater than 9,000 sq, fi.,to be used as a
residence far frail elderly and elderly with dementiaUAlzheimers witf� conditions. �
2
g 8- 55z
� Commissioner Vaught noted that he voted in opposition at the Zoning Committee but will vote
in approvaltoday.
Commissioner Faricy stated that she had also voted in opposition at Zoning Committee but will
vote in approval today. She reseazched the history and decided to change her vote because the
residence has been vacant for one and a half years and is in disarray.
Tha motinn on the floor carried unanimously on a voice vote.
�9R-�27 Richard Eitel - Rezoning to allow construction and operation of an auto repair facility
at the southwest corner of Interstate 35E frontage road between Larpenteur and ��heelock
Parlavay. (Donna Drummond, 266-6556, Northwest Team)
Commissioner Wencl stated that the south portion will be sold to the state of Minnesota after
the rezoning occurs. The north portion that fronts on Larpenteur will be used for auto repair. In
1984 the Planning Commission passed a resolution that stated that rezoned properties that also
needed a special condition use permit could be decided by staff instead of coming back ta the
Planning Commission.
Commissioner Kramer said that he voted against this at Committee because this property will be
divided into huo pieces after the re2oning. The remaining piece of B-3 property will belong to
the state, so we do not Imow what the ultimate proposed use of that piece will be.
� Commissioner Vaught stated that he also voted against it at the committee level and he will vote
� against it again today if the Planning Commission will be taking the vote today because it is
spot rezoning.
Commissioner Nowlin said that he is also concerned about this case. It concems him to put a
commercial use so near to a school. He is also concerned that the policy of staff maldng the
decision on a special condition use permit if a rezoned parcel needed it, may be against state
law. He feels that it's very important that a special condition use permit after rezoning, be
brought back to the Planning Commission so that the Commission can assure that vegetative
treatment is done and that the use is properly buffered, in this case, both from the school and the
freeway.
�IOT70N: Con:missioner Fie1d neoved that thzs case be laid over ar:d referred back to the
Zoning Committee for further action on Apri12, 1998. Commissioner Kramer seconded the
motion which carried unanimous[y on a voice vote,
�98-0'�4 Vi t�oria Aeck - Nonconforming Use Permit to allow re-establishment of general auto
repair at 951 White Bear Avenue. (A1 Torstenson, 266-6579, Northeast Team)
Commissioner Wencl reported that there was a great deal of discussion at Zoning Committee as
to whether this had actually been an approved use in operation, etc.
�iOTinv: Commissioner Wencl moved denial of t):e requested no�econforming use permii tn
allow re-es[abltshmeru ofgeneral auto repair at 951 FYhite Bear Avenue. TT:e ntotion carried
unanimausly on a voice vote.
C�
�28�361YI.en@Qta�mes,Inc, - Special condition use permit to atlo�v a cluster devetopment �
with twelve townhomes (six rivinhomes) at the southwest quadrant of Lexington Pazkway and
ST. Clair Avenue. ($eYh Bartz, 2b6-6580, Soathwest Team)
Commissioner tiVencl reported that this case was laid over to April 2, t 998.
Commissioner Wencl read Yhe agenda for Thursday, April 2, 1998: Old Business of Alter
Trading Corporation, Mendota Homes, and Ricfiard Eitel; New Business is for Professional
Building Services, Jerome LaCroix and William Dunrtigan, and Melvin Heard (Kingdom Hatl).
Commissioner Geisser asked why Alter Trading Corporation was on the a�enda. Mr. Ryaa
replied that the original application in 1995 is being concluded now with application of the new
zoning regulations, following the zonina study.
Chair Morton announced that the Midrvay Parkway West Como Small Area Plan was adopted
by the City Council on December 17, 1997. Copies are now avaitable from Patricia James.
V. Comgrehensive Planning and Economic Development Committee
MnTiON: Commissioiter Maddo.r neoved that the Phalen Boulevard Draft EIS be forwarded
to Che City Council and recommended for release for public review and cvn:ment; and ihal a
meeting be held on i�
Pha]en Roulev�rd nraft FIC _ RepoR and Recommendation for release for pubiic review -
(Nancy Frick} �
Ms. Frick reviewed the document with a slide presentation. She explained that the putpose of
an EIS zs to provide information to the decision making body and the public about the
consequences of taking the actions that are proposed. It is based on a formal Scoping Decision
that this body heard and recommended upon, and the City Council adopted in 1996.
This EIS looks at three types of altematives. First of all, it assesses the impact of not building
the project. The other altematives are reviewed in reIationship to the no build altemative. The
EIS also looks at a transportation system management (TSM) altemative, which evaluates
solving the problem by makin� smaller, minor improvemenfs to the system instead of doing a
major build project.
The build altematives are divided into three segments: 1) a western segment, between 35E and
Burr Street (three alignments); 2) the central segment, between Burr Sireet and Eari Street (five
aIignments); and 3) the eastem segment, beiween Earl Street to Johnson Parlavay (one
alignment).
The westem segment asks how do you connect Phalen Boulevard with 35E. Ms. Frick
explained each altemative with the assistance of enlarged projected maps.
Questions arose regarding the bus bam, timetables, and traffic movement.
The central segmenYs key questions are ho�v do you get throu�h the area taehveen Payne and
Arcade, and how do you access Payne Avenue from Phalen Bouievard. Common to all the �
MINUTES OF THE ZONING COMMITTEE
Thursday, March 19, 1998 - 3:30 p.m.
• City Councii Chambers, 3rd Fioor
City Halt and Court House
15 West Ke{fogg Boulevard
PRESENT:
ABSENT:
OTHERS
PRESEN?:
Chavez, Faricy, Gordon, Kramer, Morton, Vaught and Wenci
Fieid (excused)
g8-55z
Peter. Warner, Assistant City Atforney; Beth Bartz, Donna Drummond, Pattie Kelley,
RogerRyan, Alian Torstenson and Jim Zdon of the Pianning Division.
The meeting was chaired by Barbara Wencl, Vice Chair.
RICHARD EITEL - Zoning File 98-027 - Rezoning from R-2 to B-3 to allow construction and operation of
an auto repair facility.
Donna Drummond presented slides and gave the staff report recommending approval pending receipt of
the signature of the appropriate fee owner prior to final approval by the City Council. Ms. Drummond
referred to a{etter received from the Attorney Ge�era!'s Office dated March 18, 1998 in suppo�t of this
rezoning, and that Mr. Eitel is in the process of paying off the contract and wiif become the fee owner of
this property.
� Upon questions of Vice Chair Wencl, Ms. Drummond said rezoning does not necessarily entail
development of the site and this woufd simpiy change the zoning classification for the property. She stated
Mr. Eitei has indicated he would like to develop a repair facility and i4 so, he would have to apply for a
Speciai Condition Use Permit and it would also need to go through a site plan review. Ms. Drummond
further stated the arrangement is that the State would be acquiring from Mr. Eitel the southern two thirds
of the property. She expiained that includes the wetland which therefore would not become an issue as
the wetland would be preserved being on State-owned property.
u
Upon question of Commissioner Faricy, Assistant City Attorney Peter Warnes said the {etter from the State
was written as his prompting to staff because of the status of the property presently is tax exempt, and in
reading the letter he is satisfied there is no problem going forward with the rezoning.
At the question of Commissioner Kramer, Donna Drummond said with the southern parcel ofi 195 feet sofd
back to the State, according to the pfat map Mr. Eitei will retain a total of 26,4Q0 square feet.
Upon question of Commissioner Vaught, Ms. Drummond stated although she did not investigate what the
properties are zoned for in the area immediate{y north across Larpenteur in Maplewood, she reviewed the
existing land use which is a gas station and which she believes to be zoned commercial in the Mapiewood
Zoning Code. She fuRher stated that the closest 6-3 zoning in Saint Paul is immediately across Interstate
35-E to the east.
tlpon question of Commissioner Kramer, Donna Drummond stated part of site to the west is vacant land
and ii is zoned residentiai.
Richard Eitel (4268 Pond View Drive, White Bear, Minnesota), appeared and said the State is acquiring
the south portion of his land along with the property to the west, which includes the house shown on the
slides presented by Ms. Drummond. �
�
Zoning Committee Minutes
March 19, 1998
Richard Eitel(98-027}
Page 7wo
l�- 55z
Commissioner Kramer asked Mr. Eitel why he was requesting to rezo�e a portion of land that he wifl no
longer own. Mr. Eitei explained it was determined by City staff it wou{d be the only way to proceed since
it is currently one parcel until the sale of the southern portion to the State is finalized. He said he is in the
process ofi settling the contract for deed, but didn't realize that was a probfem untii staff informed him.
No one appeared in support or opposition, and the public hearing was ciosed.
Commissioner Faricy moved approvai of the staff recommendation, and the motion was seconded by
Commissioner Ghavez.
Commissioner Kramer expressed concerns that rezoning to a B-3 allows a multitude of uses in that vicinity,
that rezoning would leave a potential B-3 parce{ vacant, and his greatest concern is that he believes
approving this request is spot rezoning.
Commissioner Vaught said he will be voting against the motion because he also believes this is spot
rezoning.
There was no further discussion, and the motion was called.
Adopted Yeas - 5 Nays - 2(Ksamer, Vaught}
•
Drafted by:
,
Pattie Keiley
Recording Secreta
Submitfed by:
Approved by:
�a�� Viw�c.�^z�
Donna Drummond
Northwest Quadrant
Barbara Wencl
Vice Chair
�
9�- 55Z
•
ZONING COMMITTEB STAFF REPORT
FILS # 98-027
1. APPLICANT: EITEL, RICHARD E. DAT$ OF HEARING: 03/19J98
2. CZ,ASS2FICATION: Rezoning
3. LOCATION: Southwest corner of Larpenteur Ave. and Interstate 35E
frontage road
4. PLANNING DISTRICT: 6
5. LEGAL DBSCRIPTION: Section 19 Town 29 Range 22 subject to Hwy part of W
1/2 of NE 1/4 of NE 1/4 N of Wheelock Pkwy in Sec 19 TN 29 RN 22
6, PRBSENT ZONING: R-2 ZONII3G CODE REFERENCE: §64.400
7. STAFF INVSSTIGATION AND REPORT: DATE: 03/11/98 SY: Donna Drummond
8. DATE RECEIVED: 02/02/98 D$ADLINE FOR ACTION: 04/14/98
----------------------------------------------------------------------------
-----------°--------------------'---------------------------------------
A. PIIRPOSIs: Rezoning to a11ow construction and operation of an auto repair
facility.
� B. PARCSL SIZE: The property to be rezoned has 240 feet of frontage on
both Larpenteur Avenue on tkte north side and Wheelock Parkway on the
south side, and is 285 feet in depth for a total lot area of 68,400
square feet (1.57 acres).
C. EXISTING LAND IISE: The property is vacant and contains a small pond in
the southeast corner.
D. SIIRROIINDING LAND IISB:
North: Gas station and single-family homes in Maplewood.
East: Interstate Higtiway 35-E and commercial uses beyond in a B-3
zone.
South: Mississippi Creative Arts Magnet Sahool in an RM-1 zone.
West: Vacant property on Larpenteur Ave. and single-family homes
on Wheelock Parkway in an R-2 zone.
E. ZON2NG CODE CITATSON: Section 64.400(a) states in part that "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 planning
commission may, from time to time, review district boundary lines to
determine if, pursuant to state laws, such district boundary lines
should be changed."
, Section 64.�00(b) states in part 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 progerty to
Zoning File #98-027 .
Page Two
be rezoned."
F. HISTORY/DISCIISSION: In 1992, Richard Eitel applied for site plan
approval to fill the property. The site plan was not approved because
it would have eliminated a wetland.
G. DISTRICT COIINCIL RECObff�fENDAT20N: The District 6 Planning Council voted
to support the rezoning petition. However, they will consider the
proposed use for an auto repair facility separately when there is an
application for a special condition use permit. In addition, staff had
received no calls or correspondence in opposition to the rezoning
petition at the time this report was written.
H. FINDINGS:
1. Richard E. Eitel is the contract purchaser of the property. The State
of Minnesota is listed as the fee owner, and Mr. Eitel is paying Ramsey
County, which holds the property in trust for the state, annual
installments toward the purchase of the property. The City Attorney's
office is investigating whether Ramsey County or the State of Minnesota
must co-sign the rezoning petition for the application to proceed. The
City Attorney's office has recommended that the Zoning Committee
consider the petition, with the understanding that the appropriate fee
owner must sign the rezoning petition before final action can be taken
by the City Council. �
2. Mr. Eitel intends to construct and operate an automobile repair facilzty
on the northern 90 feet of the property, the portion that fronts on
Larpenteur Avenue. He has also stated that he will be acquiring 20 feet
of Larpenteur Avenue right-oE-way from the state for a total of 110 feet
to be developed. He intends to sell the remaining property, the
southern 195 feet of the lot, to the State of Minnesota to accommodate
stormwater runoff from Interstate Highway 35-8. The rezoning petition
is requesting that the entire property be rezoned to B-3.
3. Section 60.544 (18) of the Zoning Code permits automobile repair
facilities as permitted uses subject to special conditions in the B-3
zoning district. The proposed site has the potential of ineeting all of
the required con@itions related to minimum lot size, landscaping, indoor
repair work, and outside storage.
4. The rezoning is consistent with the comprehensive plan. Goals and
objectives of the District 6 Plan include the following: to encourage
the development of new housing and businesses (p. 21). In addition,
the Economic Development Strategy includes: 1) Objective #6, °ensure
sufficient land for future business growth"; 2) Policy #25, "the city's
land use plan should provide adequate land for industrial and commercial
development and expansion in order to increase the proportion of
commercial/industrial tax base^; and 3) Policy #z9, "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 activity" (pp. 17-18). -
98
� Zoning File #95-027
Page Three
5. The rezoning is consistent and compatible with the way the area has
developed. Across Larpenteur Avenue to the north oE the site is a gas
station, which is in Maplewood. The freeway frontage road and
Interstate 35-E are to the east. The soutfiern edge of the site fronts
on Wheelock Parkway, and across Wheelock aze the playfields for
Mississippi Creative Arts Magnet School. To the west of the site are
residential uses along Wheelock Parkway and vacant land zoned
residential along Larpenteur Avenue.
In addition, there is a significant amount of traffic in the area.
Larpenteur Avenue carries 13,625 vehicles per day; the freeway frontage
road carries 6,825 vehicles per day; Interstate 35-E carries 135,225
vehicles per day; and Wheelock Parkway carries 5,000 vehicles per day.
Given this level of traffic, residential development of this site seems
unlikely, and rezoning to allow commercial development is compatible
with the way the area has developed.
6. The rezoning will not have an adverse impact on adjacent properties if
appropriate landscaping and screening is installed on the west side of
any development of the property to shield the residential uses there.
7. The applicant submitted a sufficient petition of two-thirds of the
property owners within one hundred (100) feet of the property stating
support for the rezoning (three parcels eligible, two required, and two
� signed).
2 STAFF RHC�bmfE'NDATION: Based on findings 1 through 7, staff recommends
approval of the rezoning petition, pending receipt of the signature of
the appropriate fee owner prior Co final approval by the City Council.
�
PETRION TO AMEND THE ZONING CODE
Department oJPlanning and Economic Dwe[opment
Zoning Section
II00 City Hall Annex
25 A'est Fourth Street
Saint Paul, MN 55102
266-6589
APPLICANT
PROPERTY
LOCATION
Property Owner /S �'ch.r.<C � • �%` �'/
Address ��<.i�!/�i�-���-i+��
City�f-r���irc-- Stlyi�Zip.f3"I/ a' Daytime phone �sy�7�E'6
Contact person (if different)
(.�jJ�NF.7l.
Legal descriptio�S�irrf Le��G
(aftach additional sheet if necessary)
TO THE HONORABLE MAYOR AND CITY COUNCIl:
Pursuant to Section 64.400 of t e Saint Paul Zoning Ordinance and to Section 462.357(5} of
Minnesota Statues, t�{ ,<<,�,.>_-� � Ft�( , the owner of a!I the land proposed
for rezoning, hereby petifions you to rezone the above described property from a
�-2 zoning district to a�s' — 3 zoning district, for the purpose of:
�U/✓jT7Lt.cT/�✓l✓ /1`Np OOb�'R-r1'�T7NC /f�N Ff F.1-Ci��T/
(aftach addifional sheef(s) if necessary)
Attachments: Req�ired site pian .� Consent
Subscribed and swom to
me this � day
2L��'�C�/� , 19�
�'Y A�davit � S
By: � �
„�,,,,,,,,. ee owner of property
K�NNeso�a Title: G�.�/vt�..�
COUNTY
Page '! of
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�
Notary Pubtic
9� 5 �z
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zoNrhT� r�xzTZOr�T surrzcz�r�TcY cz�cz: sz���
Tc�ZO\I�i'G SCIJY n'CUP
FIRST SUBMITTED
i
DATE PETITION SUBMITTED: '�"��- \U
bATE OFFICIALLY RfiCEIVED: `?'�!� 7�
PARCELS ELIGIBL&: �
PAfiCELS REQUIRED: o� _
PARCELS SIGNED:
CHECF:ED BY:
a
DATE PETITION I2ESUBMITTED:
DATE OFFICIALLY RECEIVED:
PARCELS ELTGIBLE:
PARCELS REQUIRED:
PARCELS SIGNED:
�N,J`� N LISV"i"'v �,
7�ATE: � ^�� � C
�ON(�� F�L� R�
C�
CITY OF SAINT PAUL
CONSENT OF ADJOINTNG PROPERTY OWNERS FOR A
REZONING
We, the undersigtte@, o�mers of the property �vithin ] 00 feet of tlte total contiguons description of real estate
owned, purchased, or sold by TH$ PETIT[ONER within one year preceding the date of this petition
acknowledge that we have been presented witii the fo(lo�ving:
A copy of the peiitiort of
to rezone the property Iocated
3r�
/ , C y q 2 C/ � � �t
(name of peti
at >-/� c- so .� r-! ,,,�f
from a U� zoning dis[rict to a�' - 'J� zoning district.
�
2. A cogy of sections ( 9! � through �G• s�i' , inciusive of the Saint Paul Zoning Code; and
ucknowlcdge thaf we are aware of aA of ti�e uses permitied in a�— 3 zoning district and we are
aware that any of these uses can be established upon City Council approvaf of tfie rezoning. t�'e hereby
consent to the rezoning oft8e propeRy in the petition of;
✓' /,° �^- � �' ��'� to a' �'— j zoning district.
(Name of petitioner}
Wc consent to the appraval of this rezoning as it was expIained to us by the
apPlicant or hislher representative.
�
�
�
days after it is received by the Ptaruiing Division. Any signator of this petition may withdraw his/her
name therefrom by written request within that time.
q �- 55a
(rITY 4F SAII�TT PAUL
� CONSEN'X' OF ADJOINING PROPERTY OWNERS FQR A
REZDNING
lF1e, the ursdersignad, owners of ihe property within lOti feet ofthe total configuaus description of real estate
owned, purcl�ased, or sotd by TH£ PETITfONER within one yeaz preceding the date of this petition
acknowledge that we have been presented wiYh the follorving:
1. A copy ofthe petition aP (/5 � t c /� qn, �J C' i��
(name of petitionerj
to rezone the property located at t� y s-� u r�,,,��
from a U� Z- zbning district to a lj � zoning district.
2. A copy of sections � d. yl / throvgh 6Q�Sy� , inclusive ofthe Saint Paut Zoning Code; and
acknotivledge that �ve are a�irare of aI! of the uses permitted in a T3 -- 3 zonin� dist�ict and we are
aware that any of these uses can be estafilished upon City Couneil approvat of the rezoning. We hertby
consent to the rezoning of the Qroperty in E�te petitioa of;
U� ! G!� .rn �/ C��f�'� to 9
' .�'v3 zoningdisErict,
(Name of petitionerj
Wc consent to the approval of this rezaning as it �vas exglained to us by t�ae
. ap�Iicant or his/her represetttative.
r•
� lGy9-za-�z-2� �' ,�j� ��.�-Le-�,T.Z �
v Z�7 wdF�uzY e�sf trG i� __ ��(rl�h '� ^,� �`�l5
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NOTE: Th�s petstion shali.not be considered as officially fiied un#i2 ttie lapse of seven (7) working
. days after it is received by the Planning Division. Any signator oftius petitian may withdraw bislher
name there&om by written, request within that time.
.: ,
AFFIDAVIT
OF PERSON CIRCULATING TFiE CONSENT PETITION
STATE OF MINNESOTA)
COUNTY OF RAMSEY
�.Xy
�( i�y,n,L�/ ��'/ , being first duly swom, deposes and states that he/she is
the person who circulated the consent petition consisTing of _ pages; that affiant represenYS Yhat
the parties described on the consent petifion are all the respective owners of the properties placed
immediately before each name; that affiant is informed and believes that each of the parties
described on the consent petition is an owner of the property which is within 100 feet of any property
owned, purchased, or sold by petitioner within one (1) yeaz preceding the date of this pefifion which
is contignons to the properiy described in the petition; that none of the parties described in the
consent petition has purchased or is purchasing property from the petitioner that is contiguous to the
property described on the consent petition within one (1) yeaz of the date of the petition; that this
consent was signed by each of said owners in the presence of this affiant, and that the signatures aze
the true and cosect signatures of each and all of the parties so described.
� �
NAME ,
y 2�� ✓�<tfl/.�—
���'�'�'��fry � 6/ilf'V S�'!� d
ADDRESS �
�5 3-7G6,6�
TELEPHONE NUVIBER
Subscribed and sw to before me
this � day of , 19�
�
OTARY PUBLIC
. •
a , N � OCQZ'4£�ue�sandx3'wwa'J�W
RICHARD W. COPELAND AlNflO� NOI�JNIHSHAA�
hOTARYPU6UC tl10S3NNIW-9118t1dAtltlli<1':'_,'�
�� WASHWG70N COUNN UMf13d00'MdFlVHOIb
' � ` �My Comm. E�i� Jan.31, Z000 °
a •
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•
Page of �
iri�v�
q �- 5s2
�
PETITION TO REZONE
AFFIDAVIT
OF PETITIONER
STATE OF MINNESOTA)
SS
.
, �Zil i fi � �i7 �7 : s_ 1 �� � �
The petitioner, tf.iG�uy.d ��/ , being first duly sworn, deposes and
states that the consent petition contains signatures from at least two-thirds ('/a) of all eligible
properties within 100 feet of a11 property owned, purchased, or sold by petitioner within one (1)
year preceding the date of this petition which is contiguous to the properry described in ihe
petition; petitioner is informed that the consent petition must contain signatures from each and all
owners of jointly-owned property in order to constitute consent from that property and that
failure to obtain consent from each and al] owners could invalidate the consent petition;
petitioner belaeves that the consent petition was signed by each of said owners and that the
signatures are the true and conect signatures of each and all of the parties so described.
NAME
G�Z�£f��.�/(/i��n:vu� ��/���'
ADDRESS
�3"3-7��.�
TELEPHONE NUMBER
Subsc ' ed and s to before me
this day of , 19�
\ .'L�L��/
OTARY PUBLIC , .
� RICHARD W. COPELAND Page of
'� NQTARYPUBUC—MINNESOTA
��„ WASHINGTON COUNN
My Coenm. fxWresJan.31.2000
■ •
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1061 Rice St.
February 26, 1998
Mr. John Hardwick
PED
Zoning Section
1100 City Hali Annex
25 W. 4th St.
St. Paul, MN 55102
Dear John:
St. Paul, MN 55117
Phone 612 488-4485
Fax 612 488-0343
��'� ` �� �r`1
• � ...
...� . ...•
L {�'
The District 6 Planning Council received a request from Richard Eitel to rezone the
property at the Southwest Corner of Larpenteur Ave. & 35E from R-2 (Residential) to
` B-3 (General Business)
On Wednesday, February 25, 1998 the Land Use 7ask Force of the District 6 Planning
Council moved, seconded, and passed this request.
If you have any questions, please feel free to give me a call.
C I�
Kathy Col
Executive
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APFIICANT E� �� � �� � � LEGEND -- --- -
�- - - -- —
PURPOSE /� E�O� �� � ��� zoning district bourxiary
FtLE # V �� DA7E � v / , � �+ � subjed property north �
_ - - - - - ---- - `
PLNG. DtST_�_ MAP # � ` o • one family ••^ commerci�
� � iwo iamily ♦ � � industria!
SC�C�.■IeA� "
�_�_ �i�-Q muliiplefamiiy V vacant
qg - 5 $ 2
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�BEUT x. xu��Y �
A'ITOR\'EY GENERAL
Donna Drummond
Departrnent of Planning
and Economic Development
City of St. Paul
25 West Fourth Street
St. Paul, MN 55102
Re: Richard E. Eitel Property
Dear Ms. Drummond:
March 18, 1998
GOVERI�MENf SERVtCE$ SECffON
52S PARK 51AEET
SU[CE2W
S[ P.4UL.MY55103dI06
TELEPHONE: (6/2) 29]-26M10
SENT BY FACSIMILE AND U S MAIL
� I am enclosing a copy of a parcel sketch of land owned by Mr. Richard Eitel, located at
the southwest corner of Laipenteur Avenue and Interstate 35E. The State is acquiring all but tl�e
northerly 90 feet of this property. The northerly 90 feet to be retained by Mr. Eitel, is shown in
blue on the parcel sketch. A description of the land to be acquired by the State, containing 1.06
acres, is attached and captioned "Fee Acquisition - Description for Stipulation," and outlined in
red on the parcel sketch.
In addition, the State has agreed to reconvey to Mr. Eitel a 20-foot strip along his
northerly boundary, containing O.11 acres, which is shown in yellow on the parcel sketch. A
legal description of this 20 foot strip is attached and captioned "Description far Reconveyance."
Mr. EiCel and the State have agreed that if the State should need to acquire, in the future,
the easterly 40 feet of his property, he will convey that to the State for a nominal fee of one
dollar. That easterly 40 feet is designated by a cross-hatch on the parcel sketch and described in
the attached sheet labeled "DescriptSon for Option."
The State �vill file a condemnation award on March 20, 1998, setting forth the terms
described in this letter.
,
Facsimile: (612) 297-1235 • TTY: (612) 282-2525 • TolL Free Lines: (8�0) 657-3787 (Uoice), (800J 366-48 (? (TTY)
An Equal Oppor[uniry Empioyer Who Values Diversity i�� Prin[ed on 50% recycled paper (IS% post consumer content)
STATE OF MINNESOTA
OFFICE OF THE ATTORNEY GENERAL
4.-.:..
Ms. Donna Drummond
March 18, 1998
Page 2
The State is aware that Mr. Eitel has requested the City to rezone his properiy for
commercia[ use. The State has no objection to this rezonin�, and understands that he will use flie
90 feet retained plus the 20 feet reconveyed for a commercial purpose.
If you have any questions regarding the above, please feel free to contact me.
Very truly yours,
,�'�`.�.. K� �,�.�,a-
LOUIS K. ROBARDS
Assistant Attorney General
(612}296-6673
Enclosure
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March 13, 1998
6280390.904
FEE ACQUISITION
DESCRIPTiON FOR STIPUlRTIOtJ
Parcel 390 C.S. 6280 (35E=390} 904
That part of Tract A described befow:
Tract A. The West Half of the Northeast Quarter of the Northeast Quarter of
Section 19, Township 29 North, ftange 22 West, Ramsey County,
Minnesota; except that part taken for street; also except that part lying
south of Wheelock Parkway and west of a line formed by the easterly line
of Lot 6, Block 11, Dawson's Lake Como and Phalen Avertue Addition to
the City of St_ Paul, extended north to Wheelock Parkway, the title thereto
being registered as evidenced by Certificate of Title No. 31383;
�
which lies southerly of a line run parallel with and distant 155 feet southerly of the north �
line of said Section 19 and westerly of a line run paraffel with and distant 340 feet
westerly of Line 1 described below:
Line 1. Beginning at a point on the north line of said Section 19, distant 740.2 feet
west of the northeast corner thereof; thence run southerly at an angle of
92 degrees 14 minutes 00 seconds from said north section iine (measured
from west to south) for 600 feet and there terminating;
containing 1.06 acres, more or less;
together with at► rights of access, being the right ot ingress to and egress from ihat part
of Tract A hereinbefore described, not acquired herein to Trunk Highway No. 35E.
-
9B�55Z ��_
• March 13, 1998
6280390
DESCRIPTION FOR RECONVEYANCE
Parcel 390 C.S. 6280 (35E=390) 904
That pa�t of Tract A described below:
Tract A. The West Half of the Northeast Quarter ofi the Northeast Quarter of
Section 19, Township 29 North, Range 22 West, Ramsey County,
Minnesota; except that part taken for street; aiso except that part lying
� south of Wheelock Parkway and west of a line formed by the easteriy line
of Lot 6, Block 11, Dawson's Lake Como and Phalen Avenue Add'+tion to
the City of St. Paui, extended north to Wheeiock Parkway, the title thereto
being registered as evidenced by Certificate of Title No. 31383;
which lies between two lines run parailel with and distant 45 feet and 65 feet southerly
of the north line of said Section 19 and distant 340 feet westesiy of Line 1 described
� below:
Line 1. Beginning at a point on the north line of said Section 19, distant 740.2 feet
west of the northeast corner thereof; thence run southerly at an angle of
92 degrees 14 minutes 00 seconds from said north section line
(measured from west to south) for 600 feet and there terminating;
containing 0.11 acre, more or less.
.
,!,
March 13, 1998
628Q390
DESCRiPTION FOR OPTION
Parcel 390 C.S. 6280 {35E=390) 904
That part of Tract A described below:
Tract A. 7he West Half of the NortheasT Quarter of the Northeast Quarter of
Section 19, Township 29 North, Range 22 West, Ramsey County,
M+nnesota; except that part taken for street; also except that part lying
south of Whee(ock Parkway and west of a Iine formed by the easteriy line
of Lot 6, Block 11, Dawson's lake Como and Phalen Avenue Addition to
the City of St. Paul, extended north to 4Vheeiock Parkway, the title thereto
being registered as evidenced by Certificate of Title No. 31383;
.
which lies between two lines run paralle! with and distant 45 feet and 155 feet southeriy
of the north fine of said Section 19 and between lines run parailel with and distant 340
feet westerly and 380 feet westerly of Line 1 described below:
Line 1. Beginning at a point on the north line of said Section 19, distant 740.2 feet �
west of the northeast corner thereofi thence run southerly at an artgle of
92 degrees 14 minutes 00 seconds from said north section line (measured
from west to south) for 600 feet and there terminating;
containing 0.10 acre, more or less;
together with all right of access, beirtg the right of ingress to ar�d egress from that part
of Tract A hereinbefore described, not acquired herein to Trunk Highway No. 35E and
to Larpenteur Avenue.
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TO THq IiONWtA�{.E MAYOR ANO GITY COUHCI6:
Panuwnt to 8e.aan 04�� � at the samt Paut ZanZng Ordttt�nae s�nd to 8ect4on 4s2,35�('S) ot
MlnnvaotM 8t�tuus, �,�.. � Ftf,rj , the owne� ai ali the lond propoa�d
ior ra�on;nq, ttetiby patlt opl t yau ta rt n� kht a6cve dato�hsd prapatqr irosn a
A� Y-2 zanin� d4�t�iG to s �'� tonfr� dlttrfct, fo� thb putpo3s of:
('o�vsf►y° cr��d r�b o9rn�77nr9 .f� ��trr R.i7l�t.c F,Kis r7'r
(a�aoh lddkloed �ahestla) Jt nsqaalryl
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8ub�aribsd �nd �Wom to
be me tt�la �� day
or os�
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awnar
TIYI�; �+^�d'�.�
;y �.,r_ �,r.,,_,,.,___ , ...,.. . Pape 1 at
�r����'��.
Not�ry Pub!i�
DEPARTNENT OF P[.AN?iI\G
& ECONOMIC DEVELOPMENT
Pamela fYheelock Director
CITY OF SAIN'I' PAUL
Norm Co[eman, Mayor
Memorandnm
DATE:
TO:
FROM:
RE:
Mazch 26, 1998
Planning Commission
25 Wut Fourth &reet Telephone: 672-266-6655
Sairt� Paui, MNSSIO2 Facsimile: 612-228-3261
Donna Drummond, Planning Staff QO�r���^^^w'ri�`�1
Zoning File #98-027: Richard E. Eitel Rezoning - Additional Information
Three items of additional information:
1) A letter (attached) from the Minnesota Dept. of Transportation, received Monday, Mazch 23,
stating that it has no major concems as an adjacent landowner regarding the rezoning. However,
Mn/DOT lists the review procedwes and requirements that must be followed for development of
property adjacent to Mn/DOT right-of-way.
2) Several members of the Zoning Committee, at its pnblic hearing on this case on March 19,
requested additional information regarding the zoning of the proper[y north of Larpenteur Ave.
in Maplewood. 'The attached maps show the zoning in both Maplewood and St. Paul. Also, the
St. Paul map indicates additional lots west of the Eitel property that the State is seeking to
acquire for additional stormwater drainage. This information is from Mr. Eitei, and I have not
yet been able to independently verify this with the state.
3) A Planning Commission policy from 1984 regarding rezonings and subsequent special condition
uses on the rezoned property has been brought to my attention since Yhe Zoning Committee
meeting. This policy allows the planning administrator to administratively approve a speciai
condition use pertnit for properry that has been tezoned, if the special condirion use is the same
that was proposed at the time of the rezoning. This policy is meant to eliminate the necessity for
the Zoning Committee to hold two pubIic hearings for the same development. In cases such as
this, it is customary for the Planning Commission resolution to include a fmding that states likely
condirions for the special condition use permit should the rezoning be approved by the City
Council. The staff can then refer to the resolution to establish conditions for the special
condition use permit that is adminstratively issued. There is also a reduced fee for the app]icant
for an administratively issued SCUP.
Staff recommends adding the following language (in italics) to Finding 3 of the Planning
Cotnmission resoturion;
3. Section 60.544 (18) of the Zoning Code permits automobile repair facilities as permitted
uses subject to speeial conditions in the B-3 zoning district. The proposed site has the
potenrial of ineering all of the required conditions related to minimum lot size,
landscaping, indoor repair work, and outside storage. If the rezoning is approved fiy the
�
.
�
9 �- 55Z
Planning Commission
• March 26, 1998
Page Two
City Council, a special condition use permit will be required. The planning commission
amended its rules ofprocedure in 1984 (Resolution 84-23) to delegate authoriry for the
approval of special condition use permits to the planning administrator in cases where
public hearings have been held in which the commission has recommended, and the city
council has approved, a rezoning specifically for a special condition use. The use of the
property for an au[omobile repair facility must meet all the required conditions related
to minimum lof size, landscaping, indoor repair work, and ouuide storage. In addition,
the following additional conditions should be required:
a. Only customer vehicles and employee vehicles of ihe permiftee may be parked on
the tot. This condition is intended to prohibit tong term storage of vehicles on
the lot.
b. All vehicles parked outdoors on the lot sha11 be completely assembled with no
parts missing. Vehicle salvage is not permitied.
Attachments.
cc: Ken Ford, Planning Administrator
Richazd E. Eitel
Dishict 6 Planning Council
r�
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��NNE
O T
: s
� `
a
� Oi SN�
Minnesota Department ofTransportation
Metropoliian Divisio�
Waters Edge
1500 West County fload B2
Roseville, MN 55113
March 13, I998
Donna Drumrnond
City of St. Paul Zoning Office
25 West Fourth Street
Saint Paui, MN 55102
Dear ponna Drummond:
SUB7ECT: Public Hearing Norice Review
Richazd Eitel Rezoning
Southwest Quadrant of Trunk Highway (TI� 35E and Lazpenteur Avenue East
Saint Paul, Ramsey County
C.S. 6280
The Minnesota Department of Transportation (Mn/DOT) has reviewed your request for comment
regazding a rezoning to allow construction and operation of an auto repair facility at TH 35E and
Lazpenteur Avenue East. We have no major concems regazding the rezoning. FIowever, we would
like to take this opportunity to remind the city of certain stipulations regazding development of
property adjacent to Mn/DOT right of way.
• If property adjacent to Mn/DOT right of way is to be platted, the preliminary plat must be
submitted to us for review, along with a site pian and grading and drainage plan if prepazed.
This must occur before we will issue any permits.
• We require a Mn/DOT access permit for access to or across state highways or right of way,
including Mn/DOT owned frontage roads. A change in the intensity or type of use of an
existing entrance also requires a pernvt.
• We require a Mn/DOT stormwater drainage permit for any change in rate of runoff to trunk
highway right of way, or any alteration of trunk highway storm water drainage systems.
• Any other use of or work within Mn/llOT right o£way, including but not limited Yo grading,
utility work, and landscaping, also requires a permit. The permit necessary depends on the
nature of the proposed work.
.
�
�
An equal opportunity employer
98-55
Donna Dnimmond
a March 13, 1498
page two
Please send copies of proposed plats and site plans to Sherry Narusiewicz, Local Government
Liaison Supervisor, at the above address. Questions regazding permit applications may be
directed to Bill Warden of our Pernrits Section at 582-1443.
Please contact me at 582-1654 with any questions regazding this public notice review.
Sincerely,
Scott Peters
Senior Transportation Planner/Local Govemment Liaison
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SENT BY FACSLMLL''�l�S- MAIL
Donna llrammond
Departmcnt of Planning
and Fconomic llevelopment
C:ity of St. Yau!
25 WcSt l�ourth Street
St. Paut, MiV SS1U2
Ke: Richard E. Eitel property
Dear Ms. Urummond:
This is to confirm that the Minnesota Department of Transportation wi11 acyuire Lnts 12
throu�h 19, Dawson's Lake C:nmo a�ld Phelan Avenuc Addition. '1'he lots lie west of tlic Richard
Eitcl property. The State �vill acquire thvse eig6t [o(s (or draina�c purposcs rclatcd lo
Intcntatc 351s.
Very truly yours,
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LOUIS K. ROBARDS
Assistatlt Attorney General
(612) ?96-C(7.i
LISR:It
cc: Uan Voss
Richard F.itel
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qn Gyu�l Oppo�wniq Gnptuyer Who Wlucs Divtniry Q,el i4iutcd un ]0�4 re�Y�lcl �u�x:r (1 S r�xn� roasumcr contcnt)
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3-38-1998 5:d6PM FR�M RICHARD EITEL
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To: District 6 Council Member's
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From: George & Robin Carter
Date: February 25, 199$
407 06d0 P� 1 C
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Zonin9 �,1� ��'�-Da7
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Re: Developmerrt on Wheelock Pxrkway & I.arpemeur Ave.
We are aware o£ the development project Mr. Eiriel is involved in My wife and I owa
the adjacent propezties on Wheelock Parkway and Larpenteur Ave, next to Mr. Eitiel's
new development site. We would like to state in this letter to the District 6 Council
Member's and to evesyone else involved, we do not feel that Mr. Eiteil's development
would pose a detetmeni to our community. W e also feel that Ms. Eiriel should be
allowed to pursue his plans to develop bas project.
�/J`�u�-syr� ��G�-^�-�
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MN CHILDREN FOOD&NUTR Fax�612-297-7721
Zoning Committee
25 West 4�' Street
1300 City Hall Annex
St Paul, MN 55102
Attn: Donna Drummond
Dear Zoning Corr�mittee:
Rpr 1 '98 22�48
Z��ti,.�
I am writing to oppose the rezorting of the property 6eionging to Richard Eitel (zoning
fife # 98-027). t am fhe properfy owner adjacent to this property and changing the
zoning woutd decrease fhe value af my property (which I confirmed rerzntly with an
appraiser). Since my property is currently under negotiations regard'+rtg market value
I am greatly concemed over fhis potential rezoning. in addition, this area is a
residentia[ area and has a weUands iype area at the southern portion of Mr_ Eitel's
property, it is also across the street from an elementary school. All of these reasons
cor�trib�te to my opposi6on of building an auto repair facility. I also bel'teve that there
are a number of current(y existing types of facifities wifhin a one to two mile radius,
that indicate that another such type of facility is not needed.
When the properry was initially up for auction, I did inquire what type of use would be
allowed. Either singie or multiple residentiai units could be constructed was what I
was told, but [ was aiso told that the parcef was unsuitabie for much development.
! realize that this property has been under conten6on for several years, where it has
become very weed filled after aA of the trees were cut down. I also know that many
neighbors were opposed to the removal of the trees, especially since this property is
(ocafed on a Parkway. i hope you strongly consider fhis letter when you are making
your decisio�, since ( was unable to attend the hearing on March 19"'.
Respecttully yours,
�`E� - l�-sc�F'o
Susan K. Weeks
Property Owner
215 East Wheelock Parkway
St. Paui, MN 55117
P. Ol
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Aprii21,i998
S.P. 6280 (35E=390) 904
County of Ramsey
Parce1390
State vs. Richard E. Eitel, et al.
NOTICE OF AWARD
q,8- SSZ
612-296-8648
In the above entitled eminent domain proceeding, the Commissioners appointed by the District Court in the
above named county filed their report with the Court Administrator on April 14, 1998, wherein they made a
monetary awazd as full payment for the acquisition of Pazce1390 for trunk highway purposes as foilows (see
attachment).
The awazd of the court-appointed Commissioners may be appealed to the District Court by the State, or any
. party having an interest in the subject property, if the award or its conditions aze considered to be unsatisfactory.
If an appeal is taken, it must be filed with the Court Administrator of the above named county and a copy
thereof must be mailed to the Office of the Attorney General, Transportation Division, Suite 200, 525 Park
Street, St. Paul, MN5�103, within forty (40) days from Agril 14, 1998. The Notice oFAppeai must conform
with ail the requirements as set forth in Minnesota Statutes, Sec. 117.145.
Attention is called to the fact that this is merely a notice of the award of the Court-appointed Commissioners,
and in no way shall it be considered an offer nor an acceptance by the State relative to said award. The appeaI
period expires as of May 24, 1998.
Sincerely,
�����CG !/'�
Merritt Lm�e, . irecfor
Office of LancfManagement
Note: If you have esecuted an Agreement to tlteAmount of t1:eAward and Waiver ofAppeal Therefrom, or
have otherwise agreed to the amount of this award, the above provisions with regard to appeal
and the appeal period do not apply.
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Minnesota Department of Tra�sportatio�
Transportation Buitding
395 John Ireiand Boulevard
Saint Paul, Minnesota 55155-1899
An equal coportuniry empioyer
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As to the lands described as Pazce1390, S. P. 6280 (35E=390) 904:
Richazd E. Eitel
Ciry of St. Paut
Staie of Minnesota
for
County of Ramsey
Bertha Spreigl
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) R 350.000
)
)
)
;1 _.
State ofMiunesota )
Department of )
Natural Resources ) NONE
The above award is made on the basis and condition of a settlement beYween the parties
and includes all costs, intetest, and disbursements.
The above award is made on the basis and condition that all claims made in the case of
R;ch�rd P Fitel v C�t�t,y of St Paul a municiga] corooration and the State of Minnesota.
d nts and Third Partv Plaintiffs vs Countv,�f Ramsev T'hird-Partv Defendant, Ramsey
County Court file no. C2-92-01 I924, aze settled and resolved with the &ling of this awazd, and
said action shall be dismissed with prejudice.
The above award assumes that the above-referenced properry is &ee of all pollutants,
contaminants and hazardous wastes. Ttus commission has not assessed any damages for the
presence of po(lutants, contaminants, and hazardous wastes on the subject properry:� This award
is made with the express understanding that the petitioner, State of Minnesota, has reserved all
rights to recover damages, testing costs, and clean-up costs attn`butable to the existence of
pollutants, contamiaants, or hazardous wastes on the property from the respondent in a sepazate
tegai action. The commission has not considered the unpact of pollntants, contaminants, and
hazardous wastes on the fair mazket value of the subject property either before or after the taking
in its assessment of damages.
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� The above award is made on the basis and condition that all real estate taxes due and
payable in 1448 or in prior yeazs are the responsibility of the owner and that all delinquent taxes,
unpaid special assessments and future instalIments thereof are also the responsibility of the
owner or lessee herein_
The above award is made on the basis and condition of a change in the taking which
reduces the taking to the lands described in Exhibit A attached hereto.
The above awazd is made on the basis and condition that the State of Minnesota wiil
convey to Richazd E. Eitel, without further consideration, its easement over the lands described
in attached Er.hibit B.
98-�SZ
The above award is made on the basis and condition that Richard E. Eitel shali provide to
the State of Minaesota an option to purchase, for one dollar, the easterly forty feet of the lands
described in Exhibits A and B attached hereto, said easteriy forty feet being specifically
described in Exhibit C, attached hereto.
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Excepting all minerals and reserving to State of Minnesota, Department of Natural
Resources, owners of the minerals, their heirs, successors, and assigns, the rights, and privileges
to explore for, znine, and remove the minerals, but only in such manner that will not interfere
with the use of said land for highway purposes or with the safe and continuous operation of any
public highway thereon, provided the mineral owner reserves the right to relocate the highway at
the mineral owner's exgense pursuant to Minn. Stat. § 160.10 as such may be amended.
AG:42800 v I
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SEVT BY�RiV/DOT LAND MAriAGEMENT: 4-27-98 : 12�49 :
March 13, 'I998
fi280390.904
FEE ACQUISfTION
DESCRIPTION FOR S71PUl}l710N
Parce1390 C.S. 628� (35E=390) 904
That part of Tract A described 6elow:
� 6122283261:� 2! 4
Tract A. The West Half of the Northeast QuaRer of the Northeast Quarter of
Section 99, Township 29 North, Range 22 West, Ramsey County,
Minnesota; except that part taken for street; alsa except that part lying
south of Wheelock Parkway and west of a line formed by the easterly line
of Lot 6, Block 11, Dawson's lake Como and Phaten Avenue Addition to
the City of 5t. Paul, extended north to Wheelock Parkway, the tit(e theretc
being registered as evidenced By Certificaie of Title No. 31383;
which lies southerly of a lirte run paraile] with and distani 155 feet southerly of ihe north
(ine of said Sectiort 19 and westerly oP a lirte run parallel with and distant 340 feet
westerly of Line 1 described below:
line 1. Beginning at a paint on the nofth line af said Section 19, distant 74D.2 feet
west of the northeast corner thereof; thence run southeriy at an angie of
92 degrees 14 minutes 00 seconds from said north section line (measured
f�om west to south} For 600 feet and there termina2ing;
containing 1.�6 acres, more or less;
together with all rights of access, being the right of ingress to and egress from that part
of Tract A hereinbefore described, not acquired herein to Trunk Highway No. 35E.
Exxrszm a
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SE\T BY��1VlDOT LAND MANAGFAIF_NT: 4-27-98 : 12�49 :
6122283261�� 3/ 4
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March 13, � 998
6280390
DESCRlPT10N FOR RECONVEYANCE
Parce1390 C.S. 6280 (35E=390) 904
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That part of Tract A described belaw:
Tract A_ The West Haif of the Northeast Quarter of the Northeast Ouarter ofi
Section 19, Township 29 NoRh, Range 22 West. Ramsey County,
Minnesota; except that part taken for street; also except that part lying
• south of Wheelock Parkway and west of a line formed by the easterly line
of Lot 6, Bfock 11, Dawson's Lake Como and Phalen Avenue Addition to
the Gity of St. Paul, extended no�th to Wheelocic Parkway, the title thereto
being registered as evidenced by CeRificate of Title No. 31383;
which lies between two lines run parallel with and distant 45 feet and 65 feet southerly
of the north line of said Seciion 19 and distant 340 feet westerly of L'+ne 1 described
below.
Line 1. Beginning at a point on the north line of said Section 19, distant 740.2 feet
west of the noriheast cornerthereof; thence run southerfy at an angle of
92 degrees 14 minutes 00 seconds from said north section line
(measured from west to south) for 600 fieei and ihere terminating;
containing 0.71 acre, more or less.
EXFFIBIT B
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SF1VT BY�MN/DOT l.aND MAVAGEM6'VT: 4-27-98
March 13, 1998
6280390
12�50 :
61222832fi1�# 4! 4
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DESCRiPTtON FOR OPT1aN
Parcel 390 C.S. 628� (35E=390} 9Q4
That part of Tract A described below:
Tract A. The West Haif of the Northeast Quarter of the Northeast Qua�ter of
Section 19, Township 29 North, Range 22 West, Ramsey County,
Minnesota; except that part taken for street; also except tfiat part lying
south of Wheelock Parkway and west of a line formed by the easterly tine
of Lot 6, Btock 11, Dawson's Lake Como and Phaien Avenue Addition to
the City of St Paul, extended north to Wheelock Parkway, the title thereto
being registered as evidenced by Certificate of Title No. 31383;
which lies between two lines [un paraltel with and distant 45 feet and i 55 feet southerly
of the north tine of said Section 19 and between Iines run para((el with and distant 340
feet westerly and 380 feet westerfy of Line 1 described below:
Line �. Beginning at a point on the north line of said Section 19, distant 740.2 feet
west of the northeast corner ihereofi thence run southedy at an angle af
92 degrees 14 minutes 0o secands from said north section line (measured
from west tn south) for 600 feet and there tertninating;
containing 0.1 Q acre, more or less;
together with a!1 right of access, being the right of ingress to and egress from that part
of Tract A hereirr6efore described, not acquired herein to Trunk Nighway No. 35E and
to LarpenteurAvenue.
EXBI$2T C
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