99-416ORIGINAL
Presented By
council File # -\ `'� �1�
Ordinance #
Green Sheet # 635 1
(�
ORDINANCE
OF SAINT PAUL, MINNESOTA
PUBLiSHED
JUL 3 lggg
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Re£erred To (/ Committee: Date
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An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of
Saint Paul and the zoning maps thereo£
WHEREAS, Pursuant to Minnesota Statutes §462357 and §64.400 of the Legislative Code, MICIIAEL
NADEAU duly petitioned to rezone 377 WEST N1ARI'LAND AVENUE, being legally described as the
vacated a11ey accruing & following the west 16.77 feet of Lot 16 & all of Lots 17, 18 & Lot 19; Schletti
Second Addition from a B-3 (general business) zoning classification to R-4 (one-family residential) for the
purpose of making the zoning consistent with the current use of the properry, the petition having been
certified by the Planning stafF on November 11, 1948, as having been consented to by at least 67% of the
owners of the area of the properiy to be rezoned, and further hauing been consented to by at least two-thirds
11 of the owners of the property situated within 100 feet of the total contiguous property within one year
12 proceeding the date of the petition; and
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WHEREAS, The Zoning Committee of the Planning Commission on December 10, 1998, held a public
hearing for the purpose of considering the rezoning petition, and pursuant to Chapter 107.03 of the
Administrative Code, submitted its recommendation to the Planning Commission that the petition be granted;
and
WHEREAS, The Planning Commission considered the rezoning petirion at its meeting held on December 18,
1998, and recommended that the City Council approve the petition; and
WHEREAS, notice of public heazing before the City Councii on the said rezoning petition was duly
published in the official newspaper of the City on January 16, 1999, and notices were duly mailed to each
owner of affected properiy and property situated wholly or partly within 350 feet of the properiy sought to be
rezoned;and
27 WHEREAS, a public heazing before the City Council having been conducted on January 27, 1999, where all
28 interested parties were heard, the Council having considered ail the facts and recommendations concerning
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the petition; now, therefore
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That the zoning map of the City of Saint Paul, Sheet Number 4, as incorporated by reference in §60.301
of the Saint Paul Legislative Code, as amended, is hereby fiuther amended as follows:
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That property with the address of 377 WEST MARI'LAND AVENI.JE , being more particularly � �4� 6
described as:
the vacated alley accnung & following the west 16.77 feet of Lot 16 & all of Lots 17, 18 & Lot 19;
Schletti Second Addition,
be and is hereby rezoned from B-3 to R-4.
Section 2.
This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and
publication.
Requested by Department of:
Plannin & ECOnomiC Dev o ment
\ �
Ifti�
By:
`tlp Form Approved by Ci tt rne
Adopted by Council: Date �l ` l�
Adoption Certified by Council Secretary $Y�
By: •
F p. I ��/� Approved by Mayor f Submission to Council
Approved by Mayor: �e �' V �t,(,r �� � /
By: ��-i.� �i��l�'�' PU8t1SHEn HY: 7P l� �,�
� �uL 3 i999
i;�,y.._
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q9-�k (b
PED-NORTHWEST TEAM
Donna Drummond (ext. 6-6556)
ON GUUNCiL A
soon as
04/28/99
Assicx
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TOTAL # OF SIGNATURE PAGES
GREEN SHEET
ov�u.rert o�tarort
n,a 63581
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(CLIP ALL LOCATIONS FOR SIGNATURE)
Adopt ordinance to finalize previous City Council approval of rezoning petition of
MICHAEL NADEAU to rezone property at 377 WEST MARYLAND AVENUE from B-3 to R-4 to
reflect current use of the property.
C�
PLANNING CAMMISSION
d6 COMMITfEE
CIVII SERVICE COMMISSION
Has Ni6 persoMfiim eVer waked under a contrad for this depaHment?
YES NO
Has this Oe�sorJfirm ever heen a cilY emDbYee9
VES NO
Does thic Pe�san/firtn Oossess a s7d4 not normallYP�sed M anY curreM cRy emWoYee?
YES NO
Is this personfirm a[arpetetl vendor? .
YES NO
>lain aP ves answers on senarate sheet aM attach to preen sheet
Finalize previous City Council approval of rezoning petition of MICHAEL NADEAU to
rezone property at 377 WEST MARYLAND AVENUE from H-3 to R-4 to re£lect current use,
of the property.
6i"aJ?!�� �'�"�"�5�.`�-::."4�i�! 4xi'��f-,���'
g)Y' '.:,�7
IF
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TRANSACTION f
SOURCE
INFORMATION (IXPLNN)
�8T/REYENUE BUDGEfED (CIRCLE ONq
ACTNITY NUMBER
YES NO
DEPAR'1MEN7' OF PLANNiNG
& ECONOMIC DEVELOPMENT
Pamela Wheeloclr, D�rector
CTI'Y OF SAINT' PAUL
Norm Coleman, Mayor
January 19, 1999
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Hall
Saint Paul, Minnesota 55102
15 West Fourth Street
Saint Paul, MN 55102
RE: Zoning File #98-293 MICHAEL NADEAU
City Council Hearing: January 2�, 1999, 5:00 p.m. City Council Chambers
qq-�{14
Telephone: 612-266-6655
F¢csimile. 612-228-3267
PURPOSE: To consider rezoning property at 377 W. Maryland Ave., on the northeast corner of
Maryland and unimproved Westem Aves., from B-3 (general business) to R-4 (one-family residential) to
reflect the current use of the property.
PLANNING COMMISSION RECOMMENDATION: APPROVAL vote: unanimous
� ZOIVING COMMITTEE RECOMMENDATION: APPROVAL vote: 7-0
STAFF RECOMMENDATION: APPROVAL
SUPPORT: No one spoke. The District 6 Planning Council voted to support the rezoning.
OPPOSITION: No one appeared in opposition.
Dear Ms. Anderson:
MICHAEL NADEAU submitted a petition to rezone property at 377 W. Maryland Ave., on the northeast
corner of Maryland and unimproved Western Aves. The Zoning Committee of the Planning Commission
held a public heazing on the proposed rezoning on December 10, 1998. The applicant's representative
addressed the committee. At the close of the pubiic hearing the committee voted 7-0 to recommend
approval to rezone to R-4. The Planning Commission upheld the Zoning Committee's recommendation
for approval on a unanimous vote on December 18, 1998.
This proposed rezoning is scheduled to be heard by the City Council on January 27, 1999. Please notify
me if any member of the City Council wishes to have slides of the site presented at the public hearing.
Sincerely,
�Ovr..c �^^'�-h,,,.t�.�
Donna Drummond
City Planner
. Attachments cc: City Councilmembers
city of saint paui
planning commission resolution
file number 98-��
l.Kl te December 18, 1998
WHEREAS, MICHAEL NADEAU, File # 98-293 has pefitioned to rezone 377 WEST
MARYLAND AVENUE, situated on northeast comer of Maryland Avenue and unimproved
W,estern Avenue from B-3 (general business) to R-4 (one-family residential) to reflect the current
use of the property; and
-- -WHEREAS, the Zoning Committee of the Planning Commission on December 10, 1998, heId a
; publio hearing at which all persons present were given an opportunity to be heazd pursuant to
=� said application in accordance with the requirements of Section 64.400 o£the Saint Paul
= _ - Legislative Code; and
WIIEREAS, the Saint Pau1 Planning Commission, based on the evidence presented to its Zoning
Committee at the public hearing as substantially reflected in the minutes, made the following
fmdings of fact:
�
Michael Nadeau is the owner of properry and lives in the single-family home there. He .
has applied for a rezoning to residential use in order to obtain more favorable f nancing
for his mortgage. Although the applicant has not indicated plans to do so, the pazcel
could be split into a total of three Iots, creating 2 additional single-family lots that meet
the minimum requirements of the R-4 wne.
2. The rezoning is consistent with the Comprehensive Plan. Rezoning this property for
residenUal use creates the potential for development of two additional single-family
houses, and should be evaluated in that context. AIt[iough the currently adopted housing
plan chapter from 1990 gives only qualified support to development of new single-family
housing, the draft Saint Paul Housing Plan, cutrently under review by the Planning
Commission to replace the 1990 plan, is supportive. It includes the following policy:
"5.1 Encourage the production of 300-400 housing units a yeaz that can be sold or rented
to smaller households - either new young housefiolds or older empty nest and senior
citizen households." (p. 7). The draft Land Use Plan chapter, under review by the City
Council, includes a policy that supports private market efforts to build 6,000 new housing
units in the city by 2020 (Policy 5.4.2, p. 30). The District 6 Plan does noY specifically
address this site.
moyed by Field
seconded by
i n favor unanimous
against
�
Q 1-'� ��
Zoning File #98-293
• Page Two of Resolution
3. The rezoning is consistent and compatible with the way the azea has developed.
Rewning this property will make the zoning consistent with the current residential use.
The area is generally chazacterized by residenrial uses, with the exception of two
businesses directly across the street, a greenhouse business farther west on Maryland, and
the open space to the north. The proposed rezoning is compatible with these uses.
4. The rezoning will not have an adverse impact on adjacent properiy. The current
residential use of the property, or potential development of two additional single-family
homes, will not have an adverse impact on adjacent properry, for the reasons stated
above. In addition, residential use will not have a negative impact on the open space azea
to the north, which is buffered by trees from this property.
5. The applicant has submitted a sufficient petition of two-thirds of the properry owners
within one hundred (100) feet of the properry stating support for the rezoning (7 pazcels
eligible, 5 required, 6 signed).
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission that the
petition of MICHAEL NADEAU to rezone property at 377 WEST MARYLAND AVEN[3E,
more particulazly described as the vacated alley accruing & following the west 16.77 feet of Lot
• 16 8t all of Lots 17, 18 & Lot 19; Schletti Second Addition from a B-3 (general business) zoning
ciassification to R-4 (one-family residential) zoning classification is consistent with the
Comprehensive Plan for the City; and
BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby
recommend to the Council of the City of Saint Paul that property located at 377 WEST
MARI'LAND AVENUE be rezoned from B-3 to R-4 in accordance with the petition for
rezoning on file with the Saint Paul Planning administrator.
�
Saint Paul Planning Commission
City Hall Conference Center
IS Kellogg Boulevard West
A meeting of the Planning Commission of the City of Saint Pau1 was held Friday, December ] 8, 1998, at
8:30 a.m. in the Conference Center of City Hall.
Commissioners Mmes. Duarte, Engh, Faricy, Geisser, Morton, Nordin, Treichel, and Wencl and
Present: Messrs. Field, Gervais, Gordon, Johnson, Kramer, Mardell, Margulies, McDonell,
Nowlin and Vaught,
Commissioners Messrs. Kong and Sharpe
Absent:
*Excused
Also Present: Ken Ford, Plannin� Administrator; Jean Birkholz, Beth Bartz, Donna Drummond,
Nancy Frick, Tom Harren, Susan Kimberiy, Larry Soderholm and Jim Zdon,
DepaRment of Planning and Economic Development staff:
I. Approval of Minutes of December 4,1998
MOTION: Commissioner Field moved approval of U:e minutes ofDecember 4, I998;
Commissioner Rramer secor:ded the mation wlriclr carried rrnanimnuslv on a voice vote.
II. Chair's Announcements
Chair Morton announced the annual holiday party to be held in the Ramsey County Room of the
Landmark Center todav at noon.
Chair Morton called attention to a letter she received from Brian Bates, Scenic Minnesota, that
was copied for each commissioner. She added that she had also received a phone call from
John Manillo, president of Scenic Minnesota, who indicated that he had not seen Brian $ates'
letter before it had �one out, nor had anyone else in the organization.
Commissioner Field responded to the alleQations made in the letter. At the committee level
and in the past, Commissioner Field stated. that he has disclosed that his buildine has a
bil]board tivhich is owned b} Eller Advertising, and he has a 1/6 undivided interest in $2,500 -
$3.600 per }ear. Prior to ser� ing on the task force, he consulted with Mr. t�'amer. City
Attorne� �s Office and was advised that therz �cas no conflict of interest for him to serve on
either the Legislatic'e Adrison Tas6 Force or the Plannin� Commission. He noted t(�at he has
abstained from votins on ad�ertising siens onl} �tihen the} directh im�o3ie an Eller si�n, nof on
all advertisina si�ns. He ��ent on to sa} that he finds Mr. Bates� comments to be inflammaton.
•
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Commissioner Kramer said he thought Ihere was a fuadamental misandersYandine in Mr. Bates .
aq�`���
Commissioner Vaught stated that he made the motion at Zonina Committee and he wrote the
• resolution. The sunset provision was put in at the sug�estion of Commissioner Gordon.
Commissioner Vaught said that he didn't like it and would have voted for the oriQinal motion
�vithout the sunset provision in it because l�e thinks it is reasonably clear that this is a business
sign and not an advertisin� sian. Commissioner Vaugltt thinks there are probably many ways
thatthis could be sliced and diced.
MOTION: Con:missioner Vauakt n:oved to refer the matter of this appeal back to the
Zoniug Con:nzittee and, if necessary, to irrvoke an additinna160 days for consideration;
Commissioner Gordon seconded t/te naotion which carried unanimously.
Mr. Soderholm am�ounced that he already sent the applicant notice extending this case 30 days,
assuming that it would take more time.
#98-293 Michael Nadeau - Rezone property at 377 Maryland Avenue West from B-3 (general
business) to R-4 (single-family residential) to reflect the existing use ofthe property (Donna
Drummond, 266-6556).
MOT70N: Con:�ni.ssinner Field moved tn approve the request to rezo�:e property at 377
MarVland Ave�:tre from B-3 (genern! business) to R-4 (sirzgle jami[y residential) to reflect tlte
eristina use ofthe propertl•, wbich carried unanimously on a voice vote.
#98-290 CavuQa Street, LLC - Rezone property at ]99 and 201 Cayuoa Street from RT-1
(two-famil} residential) to 1-1 (industrial) in order to develop parkin� (Donna Drummond, 266-
� 6»6).
bSOTION: Cmm�:issioner Fie(d n:oved to npprove the request to reaone property at 199 ar:d
201 C�ryzra n streel fron: RT-1 (twn firmilr resirlential) tn I-I (irad��sarial) in order to tlevelop
parking, wltic/r carried untrnintouslt• on n voire vote.
#98-296 Universiri of St. Thomas - Determination of similar use to allow permission to use
temporarily the recentl} vacated, university-o��med buildine at 2097 Grand A� enue for o�ce
space for the Saint Paul Police Western District Bic}cle Patrol and a Saii�t Paul Police storefront
operation (Jim Zdon. 266-6»9).
MOTION: Comn:issioner Field snnved approva! of t/re requested rlerern:inarion of similar
rese to allow per»zissio�: to trse tempnrnrilv tlre recentty vacaterl univetsiry-nn�ireA buitding at
2097 Grand Are�zue fnr oJTce .rpace_for the Saint Pau! Police Western Disrrrcl Bicycle Patrol
and n Sainf Paul Police storejrnnt nperatima, wkic/r carried unanimouslr nn a voice vote.
Commissioner Field informed commissioners that the Zonine Committee recommend refundins
Zhe application fee (in the resoiution) since the City is the applicant.
r98-297 Law'rence Sian - Si�znage �ariance at 16>j East CottaRe Avenue ha.zd on proposed
setbacf.. a heiglit of 78" is allo«ed and a height of 9^_" is proposed. a vanance ,�f 1,�" requested.
= 0 sq fr. of siRRa��e is allo��ed ��i[h 33.: sq.ft. proposed. requesting a ��ariance �f 3.= sq.fr. A 1�
foot setbacl. is proposed from both {iennard and Cottage. (i�anc} Frici.. ^_66-n�>s)
• �
MINUTES OF 7HE ZONING COMMITTEE
Thursday, December 10,1998 - 3:30 p.m.
City Councit Chambers, 3' Floor
City Hall and Court House
15 West Ketlogg Boulevard
PRESENT: Faricy, Field, Gordon, Kramer, Morton, Vaught and Wencl
EXCUSED: Gervais
OTHERS
PRESENT: Geri Boyd, Donna Drummond, Nancy Frick, Larry Soderholm and Jim Zdon of PED
The meeting was chaired by Commissioner Field.
MICHAEL NADEAU - Zoning File -98-293 - Application to rezone property from B-3 (general
business) to R-4 (one-family residential) to reflect the current use of the property.
Donna Drummond gave a slide presentation and reviewed the staff report. Ms. Drummond stated
tfiat staff recommends approval of the rezoning. District 6 Planning Councii also recommends
approval of the re-zoning application.
•
Mr. Ralph Nadeau, fatherofthe applicant, appeared on his behalf. Mr. Nadeau stated that �
his son has MS, therefore he was representing him, Mr. Nadeau expiained that they have
tried to get more favorable financing for his mortgage, however, because the property is
zoned for commercial, he cannot get mortgage financing, and that is why he has applied
for the rezoning.
In response to Commissioner Morton, Mr. Nadeau stated that he has had the adjoining lots
surveyed. He further stated that they are approximately 60 ft. each.
No one else spoke. The Public Hearing was closed.
Commissioner Morton moved for staff approval.
Commissioner Kramer.
Adopted Yeas - 7
Drafted by:
.�6
Geri L. Boyd
Recording Secretary
Nays - 0
Submitted by:
The motion was seconded by
ZI o�,�i
Donna Drummond
Nofthwest Team
Approved by:
•
Q9-�lt�
•
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ZONING COMMITTSS STAFF REPORT
FIZ,E # 98-293
APPLSCANT: MZCHAEL NADEAU
CLASSIFICATION: ReZOniRg
LOCATION: 377 W. Maryland Ave.
DATS OF HfiARING: 12/1Oj98
4. PLAND7ING DISTRICT: 6
5
6
LEGAL DESCRIPTION: Vacated alley accruing & following the west 16.77
feet of Lot 16 & all of I,ots 17, 18 & Lot 19; Schletti Second Addition.
PRESENT Z023ING: B-3 ZONING CODE REFERENCE: §64.400
7. STAFF INVEST2GATION AND REPORT: DATE: 12/02/98 BY: Donna Drummond
8. DATE RSCEIVED: 11/03/98 DEADLINE FOR ACTION: O1/02/99
A.
i B.
C.
D.
•
PIIRPOSE: Application to rezone property from B-3 (general business) to
R-4 (one-family residential) to reflect the current use of the property.
PARCHL SIZE: The property to be rezoned has 133.5 feet of frontage on
Maryland Ave. and 132 feet of frontage on unimproved Western Ave. for a
total area of 17,622 sq. ft.
EXISTING LAND IISE: Single-Eamily house on the western portion o£ the
property.
LAND IISE:
North: Open space, including wetland areas, called Wi11ow Reserve,
which is owned by the City of St. Paul, in a RM-2 zone.
East: Additional Willow Reserve land immediately east in a RM-2
zone and single-family homes beyond in a R-4 zone.
South: A restaurant on the southeast corner and au[.o repair garage
on the southwest corner in a S-3 zone, with single-family
homes beyond in a R-4 zone.
west: Single-family homes immediately west and a garden center
business beyond in a B-3 zone.
E. ZONING CODE C2TATION: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 hereir., or subsequently established herein
pursuant to che 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 iines to
determine if, pursuant to state laws, such district boundary lines
Zoning File #98-293
Page Two .
should be changed." Section 64.400(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 property to be rezoned."
F. gISTORY/DISCIISSION: There was an application for a site plan review in
1990 for a commercial pole bam that was never built.
G. DISTRICT COIINCIL FtECOb42ENDATSON: The District 6 Planning Council
recommends approval of the rezoning application.
H. FINDINGS:
1. Michael Nadeau is the owner of property and lives in the single-family
home there. Ae has applied for a rezoning to residential use in order
to obtain more favorable financing for his mortgage. Although the
applicant has not indicated plans to do so, the parcel could be split
into a total of three lots, creating 2 additional single-fami2y lots
that meet the minimum requirements of the R-4 zone.
2. The rezoning is consistent with the Comprehensive Plan. Rezoning this
property for residential use creates the potential for development of
two additional single-family houses, and should be evaluated in that
context. Although the currently adopted housing plan chapter from 1990 �
gives only qualified support to development of new single-family
housing, the draft Saint Paul Housing P2an, currently under review by
the Planning Commission to replace the 1990 plan, is supportive. It
includes the following policy: ^5.1 Encourage the production of 300-400
housing units a year that can be sold or rented to smaller househoZds -
either new young households or older empty nest and senior citizen
households.�� (p_ 7). The draft Land Use Plan chapter, under review by
the City Council, includes a policy that supports private market efforts
to build 6,000 new housing units in the city by 2020 (Policy 5.4.2, p.
30). The District 6 Plan does not specifically address this site.
3. The rezoning is consistent and compatible with the way the area has
developed. Rezoning this property will make the zoning consistent with
the current residential use. The area is generally characterized by
residential uses, with the exception of two businesses directly across
the street, a greenhouse business farther west on Maryland, and the open
space to the north. The proposed rezoning is compatible with these
uses.
4. The rezonina wi11 not nave an adverse impact on adjacent p;operty. The
current residential use of che property, or potential deve_opment of two
additional single-iamily homes, wi11 no� have ar. adverse �mnact on
ac�acer_t nroperty, for the reasons staced above. Ir addit_on,
residentia� use wili not have a neaaciv_ �mnac� or che ope: space area
to the nor�h, which is buffered by trees f-om chis proaert,. •
�°�, -� ��P
Zoning File #98-293
• Page Three
5_ The applicant has submitted a su££icient petition o£ two-thirds o£ the
property owners within one hundred (100) feet of the property stating
support for the rezoning (7 parcels eligible, 5 required, 6 signed).
I. STAFF RECO2R�ENDATION: Based on findings 1 through 5, staff recommends
approval of the proposed rezoning from B-3 (general business) to R-4
(one-family residential).
�
�
PETITION TO AMEND THE ZONING CODE
Department of Planning and E'coxomic Developmenf
Zoning Section
1100 City Ha/1 Annez
15 West Fourth Street
SainY Paul, MN 55101
266-6589
APPLICANT ( Property
Address
PROPERTY
LOCATION
k:�;,�.::j •
Contact person (if different) �
�
Legai description �
(attach additiona/ sheet if necessary)
TO THE HONORABLE MAYOR AND C1TY COUNCIL:
Pursuant to Section 64.400 of the S nt auI ZQning Ordinance and to Section 462.357(5) of
Minnesota SYatues, �;,f e. �9 z�� 6 . �'- , the owner of afi the tand praposed
for rezoning, hereby petitions you to rezone the above described property from a
R- 3 zoning district to a F.' -`f zoning district, for fhe purpose of:
��-'�-�--�.st.� �� -.s..e G�("J..1,-.�,'�'�.� - /!� /�+-"' �:.. ?rr.bt�. Z�
�!G � !� 6 Zi . � '_"_'r � . cK.G�i.a.{Z �L.� c Rt'�h � `�d-t`
tJ � �
ln �--w.� a�� � a L , CJ" ��°'�"~(
� 4K2 �-�-� .,C�.ti�'�;2.e���r2 � � � �. �^—�:�..-�
�` c� ��—�-� >31c.�,� �...e.,�- �—� c��, ,
(aftach addrtionai sheet(s) if necessary)
At;ach Req si p ❑ Co�sent peti ❑ Affidavit ❑
Subscribed and sworn to
before me this .� ST day
of ' �'�i , 19��
�` � �C-� �%�
Notary Pubfic f-� �G.:n� _. ��c���
� NOTAB" PU6�IC-MINti�SJTA
"
'r.� 3a.u�se� ��urur -
L•v�ccc. E.v�_s._ . "
�
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By \ �t � �� � A . l �!�-�'�-
Fee owner of prop=ry
�� . �
Title: �;-_ _ - --=�ti"
Page i of
a19 —`���
��
REZO\L\G
SCUP
��
FIRST SUBMITTED
DATEPETITIONSUBMITTED: �0
DATE OFFICIALLY RECEIVED:
i
� PARCELS ELIGIBLE: �
PARCELS REQUIRED: �
PARCELS SIGNED: �
RESUBMITTED
DATE PETITION RESUBbiITTED: � � �� � �` ' �
DATE OFFICIALLY RECEIVED: " � _ S �"
PARCELS ELIGIBLE: �
PARCELSREQUIRED: �
PARCELS SIGNED: V
� f
CHECKED BY: �}� ���� \ DATE: I D""' Z� /�
ZOi�1NG ��LE 1
�
PETITION TO REZOl\T�
ArrzD�vi�r
or r�TrTron��rz
STATE OF MI1VI�;ESOTA)
: SS
COLNTY OF RAMS�I' )
The petitioner Gt- C/� , being first dul}� sworn, dzposes and
states that the cpn t petition contains si�natures from at least rivo-thirds ( of all eligible
properties tivitl�in 100 feet ofall property otvned, purch2sed, or sold by petitioner �i•ithin one (1)
year preceding the date of this petition «•hich is contiguous to the property described in the
petition; petitioner is informed that the consent petition must contain si�natures from each and all
o�r•ners of jointly-o�cned property iiz order to constitute consent from that property and that
failure to obtain consent from each and a11 o��ners could in��alidate the consent pztition;
petitioner belie��es that the consent petition ���as signed b}� each of said ot�ners and that the
signatures are the true and correct si�natitres of eactt and ail of the parties so described.
�
,� � � �;,��- •
hAM
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ADDRESS
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TELEPHOIv�E NUMBER
Subscribed and s�ti�orn to for me (� �
this��dayof�C��)� -�( , i9 7�
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�'OTAR1' PUBLIC
Pa�e of
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e � .AJ4.: L ECK=R" � -
� �� i NOTA'r,Y PUBLIC—MINNESOiA ' � (
' � 4AMSEY COUNTY � ��J I�J /
��'0T^ =zortesJan.31.
2pCp
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���`L\4
• AFFIDAVIT
OF PERSO\' CIRCULATING THE CONSENT PETITION
STATE OF MINNESOTA)
: SS
COUNTY OF RAMSEY )
� , bein� first duly sworn, d�poses and states that he/she is
the p rs who circulated the consent petition consisting of _ pages; that affiant represents that
the parties described on the consent petition are all the respective owners of the properties placed
immediatel} before each name; that affiant is informed and bziieves that each of the parties
described on the consent petition is an o�`ner of the pzoperty which is within 100 feet of any property
ownzd, purchased, or sold by petitioner within one (i ) year preceding the date of this petition which
is contiguous to the property described in the petition; that none of the parties described in the
consent petition has purchased or is purchasin� property from the petitioner that is contiauous to the
property described on the consent petition within one (1) year of the date of the petition; that this
consent tivas signed by each of said o��ners in the przsence of this affiant, and that ihe signatures are
the true and correct sigaatures of each and all of the parties so described.
�
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NAMB�'
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ADDRESS
� ��� ��� �
TELEPHO�E i�'UMBER
Subscribz�and sworn to before me ,
this �/ S da�� of �j�7'/��t , I 9 l�"�
� � �� �� � ���
/ �Y ' - �� / j � ��� � �
f��/ � - `��
— tiOT:�-�Z�' PliBiIC �
� /^_°r�. LAURP L.�ECKERT �
's f �iy NOTARY PUBLIC-MINNESOTP. pase Of
'��tl e RAMSEY COUN2Y �
, My Comm. EzD��es Jan. 31, 200G `
� - ,^^PnP!"b�:/WV'NWWJVWVNM/b�P/ -
ir ix��
CITY OF SAINT PAUL
CONSENT OF ADJOINING PROPERTY OWNERS FOR A •
REZONING
�Ve, the undersigned, owners of tlie property witl�in ] 00 feet of the total contiguous description of real estate
owned, purchased, or sold by THE PETITIONER within one year preceding die da[e of this peticion
acknowledoe that �ve liave been presented with the follo�vina:
]. A copy ofthe petition of j"// a� , .a� �-j .��/ , _
to rezone the property located at
of petitioner)
from a g zoning district to a_��zonino district.
�q —:
�2-9-•
x y -;
/t
2. A copy of sections � L+ � �� throubl� � v.-�� �, inclusive of the Saint Paul Zoning Code; and
acknowledge that �ve are aware of aIl of the uses permitted in a Q- 4 / zonin� district and we are
aware [hat any of fliese eeses can be established upon Ciry Council approval of the rezonina. We hereby
consent to the remnin� of the property in the petition of;
��"'�-�.���t a..t.v to a R- L { zoning district.
(ivame of petitioner)
�Ve consent to the approval of this rezoning as it was explained to us by the
ap�licant or his/her representative. .
i
1�OTE: This petition shaIl not be considered as of#'icially filed until the lapse of set�en (7) working
days after it is received by� the Planning Division. Any signator of this petition maq w�thdraw his/her
name therefrom b}� written request within that time.
�9-'���
District 6 Pianning Council
• . . 4'f�?�?M _,�^n.. "�d� �;.�r.e A��-�'♦x+�-"����m'�` �� r ^ �s� .�._ ...,., ., _..__��- �-:,:._
1061 Rice St.
St, Paul, MN 55117
Phone 612 488-4485
Fax 612 488-0343
November 25, 1998
Ms. Donna Drummond
City Hafl Annex
25 W. 4th St.
St. Paul, MN 55102
Dear ponna:
The District 6 Planning Council received a request from Michael Nadeau at 377 West
Maryland to rezone this property from B-3 to R-4.
On Wednesday, November 24, 1998 the Land Use Task Force of the District 6
• Planning Council approved this request.
If you have any questions, please feel free to give me a call.
Sincerely,
(� C�
Kathy C
Executiv pirector
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ORIGINAL
Presented By
council File # -\ `'� �1�
Ordinance #
Green Sheet # 635 1
(�
ORDINANCE
OF SAINT PAUL, MINNESOTA
PUBLiSHED
JUL 3 lggg
�
Re£erred To (/ Committee: Date
2
3
4
5
6
7
8
9
10
An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of
Saint Paul and the zoning maps thereo£
WHEREAS, Pursuant to Minnesota Statutes §462357 and §64.400 of the Legislative Code, MICIIAEL
NADEAU duly petitioned to rezone 377 WEST N1ARI'LAND AVENUE, being legally described as the
vacated a11ey accruing & following the west 16.77 feet of Lot 16 & all of Lots 17, 18 & Lot 19; Schletti
Second Addition from a B-3 (general business) zoning classification to R-4 (one-family residential) for the
purpose of making the zoning consistent with the current use of the properry, the petition having been
certified by the Planning stafF on November 11, 1948, as having been consented to by at least 67% of the
owners of the area of the properiy to be rezoned, and further hauing been consented to by at least two-thirds
11 of the owners of the property situated within 100 feet of the total contiguous property within one year
12 proceeding the date of the petition; and
13
14
15
16
17
18
19
20
21
22
23
24
25
26
WHEREAS, The Zoning Committee of the Planning Commission on December 10, 1998, held a public
hearing for the purpose of considering the rezoning petition, and pursuant to Chapter 107.03 of the
Administrative Code, submitted its recommendation to the Planning Commission that the petition be granted;
and
WHEREAS, The Planning Commission considered the rezoning petirion at its meeting held on December 18,
1998, and recommended that the City Council approve the petition; and
WHEREAS, notice of public heazing before the City Councii on the said rezoning petition was duly
published in the official newspaper of the City on January 16, 1999, and notices were duly mailed to each
owner of affected properiy and property situated wholly or partly within 350 feet of the properiy sought to be
rezoned;and
27 WHEREAS, a public heazing before the City Council having been conducted on January 27, 1999, where all
28 interested parties were heard, the Council having considered ail the facts and recommendations concerning
29
30
31
32
33
34
35
36
37
38
the petition; now, therefore
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That the zoning map of the City of Saint Paul, Sheet Number 4, as incorporated by reference in §60.301
of the Saint Paul Legislative Code, as amended, is hereby fiuther amended as follows:
39
40
41
42
43
44
45
46
47
48
49
50
51
52
That property with the address of 377 WEST MARI'LAND AVENI.JE , being more particularly � �4� 6
described as:
the vacated alley accnung & following the west 16.77 feet of Lot 16 & all of Lots 17, 18 & Lot 19;
Schletti Second Addition,
be and is hereby rezoned from B-3 to R-4.
Section 2.
This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and
publication.
Requested by Department of:
Plannin & ECOnomiC Dev o ment
\ �
Ifti�
By:
`tlp Form Approved by Ci tt rne
Adopted by Council: Date �l ` l�
Adoption Certified by Council Secretary $Y�
By: •
F p. I ��/� Approved by Mayor f Submission to Council
Approved by Mayor: �e �' V �t,(,r �� � /
By: ��-i.� �i��l�'�' PU8t1SHEn HY: 7P l� �,�
� �uL 3 i999
i;�,y.._
��
q9-�k (b
PED-NORTHWEST TEAM
Donna Drummond (ext. 6-6556)
ON GUUNCiL A
soon as
04/28/99
Assicx
xurem wa
rsOUTiNG
ORUFR
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
ov�u.rert o�tarort
n,a 63581
r-�:c�^=:
❑ anarmatv ❑ rnrnaK
❑ naxeuus�n+cFSOn ❑ sn.xu��aomxcrc
❑ WvWtloaASasrYln ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Adopt ordinance to finalize previous City Council approval of rezoning petition of
MICHAEL NADEAU to rezone property at 377 WEST MARYLAND AVENUE from B-3 to R-4 to
reflect current use of the property.
C�
PLANNING CAMMISSION
d6 COMMITfEE
CIVII SERVICE COMMISSION
Has Ni6 persoMfiim eVer waked under a contrad for this depaHment?
YES NO
Has this Oe�sorJfirm ever heen a cilY emDbYee9
VES NO
Does thic Pe�san/firtn Oossess a s7d4 not normallYP�sed M anY curreM cRy emWoYee?
YES NO
Is this personfirm a[arpetetl vendor? .
YES NO
>lain aP ves answers on senarate sheet aM attach to preen sheet
Finalize previous City Council approval of rezoning petition of MICHAEL NADEAU to
rezone property at 377 WEST MARYLAND AVENUE from H-3 to R-4 to re£lect current use,
of the property.
6i"aJ?!�� �'�"�"�5�.`�-::."4�i�! 4xi'��f-,���'
g)Y' '.:,�7
IF
'
TRANSACTION f
SOURCE
INFORMATION (IXPLNN)
�8T/REYENUE BUDGEfED (CIRCLE ONq
ACTNITY NUMBER
YES NO
DEPAR'1MEN7' OF PLANNiNG
& ECONOMIC DEVELOPMENT
Pamela Wheeloclr, D�rector
CTI'Y OF SAINT' PAUL
Norm Coleman, Mayor
January 19, 1999
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Hall
Saint Paul, Minnesota 55102
15 West Fourth Street
Saint Paul, MN 55102
RE: Zoning File #98-293 MICHAEL NADEAU
City Council Hearing: January 2�, 1999, 5:00 p.m. City Council Chambers
qq-�{14
Telephone: 612-266-6655
F¢csimile. 612-228-3267
PURPOSE: To consider rezoning property at 377 W. Maryland Ave., on the northeast corner of
Maryland and unimproved Westem Aves., from B-3 (general business) to R-4 (one-family residential) to
reflect the current use of the property.
PLANNING COMMISSION RECOMMENDATION: APPROVAL vote: unanimous
� ZOIVING COMMITTEE RECOMMENDATION: APPROVAL vote: 7-0
STAFF RECOMMENDATION: APPROVAL
SUPPORT: No one spoke. The District 6 Planning Council voted to support the rezoning.
OPPOSITION: No one appeared in opposition.
Dear Ms. Anderson:
MICHAEL NADEAU submitted a petition to rezone property at 377 W. Maryland Ave., on the northeast
corner of Maryland and unimproved Western Aves. The Zoning Committee of the Planning Commission
held a public heazing on the proposed rezoning on December 10, 1998. The applicant's representative
addressed the committee. At the close of the pubiic hearing the committee voted 7-0 to recommend
approval to rezone to R-4. The Planning Commission upheld the Zoning Committee's recommendation
for approval on a unanimous vote on December 18, 1998.
This proposed rezoning is scheduled to be heard by the City Council on January 27, 1999. Please notify
me if any member of the City Council wishes to have slides of the site presented at the public hearing.
Sincerely,
�Ovr..c �^^'�-h,,,.t�.�
Donna Drummond
City Planner
. Attachments cc: City Councilmembers
city of saint paui
planning commission resolution
file number 98-��
l.Kl te December 18, 1998
WHEREAS, MICHAEL NADEAU, File # 98-293 has pefitioned to rezone 377 WEST
MARYLAND AVENUE, situated on northeast comer of Maryland Avenue and unimproved
W,estern Avenue from B-3 (general business) to R-4 (one-family residential) to reflect the current
use of the property; and
-- -WHEREAS, the Zoning Committee of the Planning Commission on December 10, 1998, heId a
; publio hearing at which all persons present were given an opportunity to be heazd pursuant to
=� said application in accordance with the requirements of Section 64.400 o£the Saint Paul
= _ - Legislative Code; and
WIIEREAS, the Saint Pau1 Planning Commission, based on the evidence presented to its Zoning
Committee at the public hearing as substantially reflected in the minutes, made the following
fmdings of fact:
�
Michael Nadeau is the owner of properry and lives in the single-family home there. He .
has applied for a rezoning to residential use in order to obtain more favorable f nancing
for his mortgage. Although the applicant has not indicated plans to do so, the pazcel
could be split into a total of three Iots, creating 2 additional single-family lots that meet
the minimum requirements of the R-4 wne.
2. The rezoning is consistent with the Comprehensive Plan. Rezoning this property for
residenUal use creates the potential for development of two additional single-family
houses, and should be evaluated in that context. AIt[iough the currently adopted housing
plan chapter from 1990 gives only qualified support to development of new single-family
housing, the draft Saint Paul Housing Plan, cutrently under review by the Planning
Commission to replace the 1990 plan, is supportive. It includes the following policy:
"5.1 Encourage the production of 300-400 housing units a yeaz that can be sold or rented
to smaller households - either new young housefiolds or older empty nest and senior
citizen households." (p. 7). The draft Land Use Plan chapter, under review by the City
Council, includes a policy that supports private market efforts to build 6,000 new housing
units in the city by 2020 (Policy 5.4.2, p. 30). The District 6 Plan does noY specifically
address this site.
moyed by Field
seconded by
i n favor unanimous
against
�
Q 1-'� ��
Zoning File #98-293
• Page Two of Resolution
3. The rezoning is consistent and compatible with the way the azea has developed.
Rewning this property will make the zoning consistent with the current residential use.
The area is generally chazacterized by residenrial uses, with the exception of two
businesses directly across the street, a greenhouse business farther west on Maryland, and
the open space to the north. The proposed rezoning is compatible with these uses.
4. The rezoning will not have an adverse impact on adjacent properiy. The current
residential use of the property, or potential development of two additional single-family
homes, will not have an adverse impact on adjacent properry, for the reasons stated
above. In addition, residential use will not have a negative impact on the open space azea
to the north, which is buffered by trees from this property.
5. The applicant has submitted a sufficient petition of two-thirds of the properry owners
within one hundred (100) feet of the properry stating support for the rezoning (7 pazcels
eligible, 5 required, 6 signed).
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission that the
petition of MICHAEL NADEAU to rezone property at 377 WEST MARYLAND AVEN[3E,
more particulazly described as the vacated alley accruing & following the west 16.77 feet of Lot
• 16 8t all of Lots 17, 18 & Lot 19; Schletti Second Addition from a B-3 (general business) zoning
ciassification to R-4 (one-family residential) zoning classification is consistent with the
Comprehensive Plan for the City; and
BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby
recommend to the Council of the City of Saint Paul that property located at 377 WEST
MARI'LAND AVENUE be rezoned from B-3 to R-4 in accordance with the petition for
rezoning on file with the Saint Paul Planning administrator.
�
Saint Paul Planning Commission
City Hall Conference Center
IS Kellogg Boulevard West
A meeting of the Planning Commission of the City of Saint Pau1 was held Friday, December ] 8, 1998, at
8:30 a.m. in the Conference Center of City Hall.
Commissioners Mmes. Duarte, Engh, Faricy, Geisser, Morton, Nordin, Treichel, and Wencl and
Present: Messrs. Field, Gervais, Gordon, Johnson, Kramer, Mardell, Margulies, McDonell,
Nowlin and Vaught,
Commissioners Messrs. Kong and Sharpe
Absent:
*Excused
Also Present: Ken Ford, Plannin� Administrator; Jean Birkholz, Beth Bartz, Donna Drummond,
Nancy Frick, Tom Harren, Susan Kimberiy, Larry Soderholm and Jim Zdon,
DepaRment of Planning and Economic Development staff:
I. Approval of Minutes of December 4,1998
MOTION: Commissioner Field moved approval of U:e minutes ofDecember 4, I998;
Commissioner Rramer secor:ded the mation wlriclr carried rrnanimnuslv on a voice vote.
II. Chair's Announcements
Chair Morton announced the annual holiday party to be held in the Ramsey County Room of the
Landmark Center todav at noon.
Chair Morton called attention to a letter she received from Brian Bates, Scenic Minnesota, that
was copied for each commissioner. She added that she had also received a phone call from
John Manillo, president of Scenic Minnesota, who indicated that he had not seen Brian $ates'
letter before it had �one out, nor had anyone else in the organization.
Commissioner Field responded to the alleQations made in the letter. At the committee level
and in the past, Commissioner Field stated. that he has disclosed that his buildine has a
bil]board tivhich is owned b} Eller Advertising, and he has a 1/6 undivided interest in $2,500 -
$3.600 per }ear. Prior to ser� ing on the task force, he consulted with Mr. t�'amer. City
Attorne� �s Office and was advised that therz �cas no conflict of interest for him to serve on
either the Legislatic'e Adrison Tas6 Force or the Plannin� Commission. He noted t(�at he has
abstained from votins on ad�ertising siens onl} �tihen the} directh im�o3ie an Eller si�n, nof on
all advertisina si�ns. He ��ent on to sa} that he finds Mr. Bates� comments to be inflammaton.
•
•
Commissioner Kramer said he thought Ihere was a fuadamental misandersYandine in Mr. Bates .
aq�`���
Commissioner Vaught stated that he made the motion at Zonina Committee and he wrote the
• resolution. The sunset provision was put in at the sug�estion of Commissioner Gordon.
Commissioner Vaught said that he didn't like it and would have voted for the oriQinal motion
�vithout the sunset provision in it because l�e thinks it is reasonably clear that this is a business
sign and not an advertisin� sian. Commissioner Vaugltt thinks there are probably many ways
thatthis could be sliced and diced.
MOTION: Con:missioner Vauakt n:oved to refer the matter of this appeal back to the
Zoniug Con:nzittee and, if necessary, to irrvoke an additinna160 days for consideration;
Commissioner Gordon seconded t/te naotion which carried unanimously.
Mr. Soderholm am�ounced that he already sent the applicant notice extending this case 30 days,
assuming that it would take more time.
#98-293 Michael Nadeau - Rezone property at 377 Maryland Avenue West from B-3 (general
business) to R-4 (single-family residential) to reflect the existing use ofthe property (Donna
Drummond, 266-6556).
MOT70N: Con:�ni.ssinner Field moved tn approve the request to rezo�:e property at 377
MarVland Ave�:tre from B-3 (genern! business) to R-4 (sirzgle jami[y residential) to reflect tlte
eristina use ofthe propertl•, wbich carried unanimously on a voice vote.
#98-290 CavuQa Street, LLC - Rezone property at ]99 and 201 Cayuoa Street from RT-1
(two-famil} residential) to 1-1 (industrial) in order to develop parkin� (Donna Drummond, 266-
� 6»6).
bSOTION: Cmm�:issioner Fie(d n:oved to npprove the request to reaone property at 199 ar:d
201 C�ryzra n streel fron: RT-1 (twn firmilr resirlential) tn I-I (irad��sarial) in order to tlevelop
parking, wltic/r carried untrnintouslt• on n voire vote.
#98-296 Universiri of St. Thomas - Determination of similar use to allow permission to use
temporarily the recentl} vacated, university-o��med buildine at 2097 Grand A� enue for o�ce
space for the Saint Paul Police Western District Bic}cle Patrol and a Saii�t Paul Police storefront
operation (Jim Zdon. 266-6»9).
MOTION: Comn:issioner Field snnved approva! of t/re requested rlerern:inarion of similar
rese to allow per»zissio�: to trse tempnrnrilv tlre recentty vacaterl univetsiry-nn�ireA buitding at
2097 Grand Are�zue fnr oJTce .rpace_for the Saint Pau! Police Western Disrrrcl Bicycle Patrol
and n Sainf Paul Police storejrnnt nperatima, wkic/r carried unanimouslr nn a voice vote.
Commissioner Field informed commissioners that the Zonine Committee recommend refundins
Zhe application fee (in the resoiution) since the City is the applicant.
r98-297 Law'rence Sian - Si�znage �ariance at 16>j East CottaRe Avenue ha.zd on proposed
setbacf.. a heiglit of 78" is allo«ed and a height of 9^_" is proposed. a vanance ,�f 1,�" requested.
= 0 sq fr. of siRRa��e is allo��ed ��i[h 33.: sq.ft. proposed. requesting a ��ariance �f 3.= sq.fr. A 1�
foot setbacl. is proposed from both {iennard and Cottage. (i�anc} Frici.. ^_66-n�>s)
• �
MINUTES OF 7HE ZONING COMMITTEE
Thursday, December 10,1998 - 3:30 p.m.
City Councit Chambers, 3' Floor
City Hall and Court House
15 West Ketlogg Boulevard
PRESENT: Faricy, Field, Gordon, Kramer, Morton, Vaught and Wencl
EXCUSED: Gervais
OTHERS
PRESENT: Geri Boyd, Donna Drummond, Nancy Frick, Larry Soderholm and Jim Zdon of PED
The meeting was chaired by Commissioner Field.
MICHAEL NADEAU - Zoning File -98-293 - Application to rezone property from B-3 (general
business) to R-4 (one-family residential) to reflect the current use of the property.
Donna Drummond gave a slide presentation and reviewed the staff report. Ms. Drummond stated
tfiat staff recommends approval of the rezoning. District 6 Planning Councii also recommends
approval of the re-zoning application.
•
Mr. Ralph Nadeau, fatherofthe applicant, appeared on his behalf. Mr. Nadeau stated that �
his son has MS, therefore he was representing him, Mr. Nadeau expiained that they have
tried to get more favorable financing for his mortgage, however, because the property is
zoned for commercial, he cannot get mortgage financing, and that is why he has applied
for the rezoning.
In response to Commissioner Morton, Mr. Nadeau stated that he has had the adjoining lots
surveyed. He further stated that they are approximately 60 ft. each.
No one else spoke. The Public Hearing was closed.
Commissioner Morton moved for staff approval.
Commissioner Kramer.
Adopted Yeas - 7
Drafted by:
.�6
Geri L. Boyd
Recording Secretary
Nays - 0
Submitted by:
The motion was seconded by
ZI o�,�i
Donna Drummond
Nofthwest Team
Approved by:
•
Q9-�lt�
•
1
2
3
ZONING COMMITTSS STAFF REPORT
FIZ,E # 98-293
APPLSCANT: MZCHAEL NADEAU
CLASSIFICATION: ReZOniRg
LOCATION: 377 W. Maryland Ave.
DATS OF HfiARING: 12/1Oj98
4. PLAND7ING DISTRICT: 6
5
6
LEGAL DESCRIPTION: Vacated alley accruing & following the west 16.77
feet of Lot 16 & all of I,ots 17, 18 & Lot 19; Schletti Second Addition.
PRESENT Z023ING: B-3 ZONING CODE REFERENCE: §64.400
7. STAFF INVEST2GATION AND REPORT: DATE: 12/02/98 BY: Donna Drummond
8. DATE RSCEIVED: 11/03/98 DEADLINE FOR ACTION: O1/02/99
A.
i B.
C.
D.
•
PIIRPOSE: Application to rezone property from B-3 (general business) to
R-4 (one-family residential) to reflect the current use of the property.
PARCHL SIZE: The property to be rezoned has 133.5 feet of frontage on
Maryland Ave. and 132 feet of frontage on unimproved Western Ave. for a
total area of 17,622 sq. ft.
EXISTING LAND IISE: Single-Eamily house on the western portion o£ the
property.
LAND IISE:
North: Open space, including wetland areas, called Wi11ow Reserve,
which is owned by the City of St. Paul, in a RM-2 zone.
East: Additional Willow Reserve land immediately east in a RM-2
zone and single-family homes beyond in a R-4 zone.
South: A restaurant on the southeast corner and au[.o repair garage
on the southwest corner in a S-3 zone, with single-family
homes beyond in a R-4 zone.
west: Single-family homes immediately west and a garden center
business beyond in a B-3 zone.
E. ZONING CODE C2TATION: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 hereir., or subsequently established herein
pursuant to che 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 iines to
determine if, pursuant to state laws, such district boundary lines
Zoning File #98-293
Page Two .
should be changed." Section 64.400(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 property to be rezoned."
F. gISTORY/DISCIISSION: There was an application for a site plan review in
1990 for a commercial pole bam that was never built.
G. DISTRICT COIINCIL FtECOb42ENDATSON: The District 6 Planning Council
recommends approval of the rezoning application.
H. FINDINGS:
1. Michael Nadeau is the owner of property and lives in the single-family
home there. Ae has applied for a rezoning to residential use in order
to obtain more favorable financing for his mortgage. Although the
applicant has not indicated plans to do so, the parcel could be split
into a total of three lots, creating 2 additional single-fami2y lots
that meet the minimum requirements of the R-4 zone.
2. The rezoning is consistent with the Comprehensive Plan. Rezoning this
property for residential use creates the potential for development of
two additional single-family houses, and should be evaluated in that
context. Although the currently adopted housing plan chapter from 1990 �
gives only qualified support to development of new single-family
housing, the draft Saint Paul Housing P2an, currently under review by
the Planning Commission to replace the 1990 plan, is supportive. It
includes the following policy: ^5.1 Encourage the production of 300-400
housing units a year that can be sold or rented to smaller househoZds -
either new young households or older empty nest and senior citizen
households.�� (p_ 7). The draft Land Use Plan chapter, under review by
the City Council, includes a policy that supports private market efforts
to build 6,000 new housing units in the city by 2020 (Policy 5.4.2, p.
30). The District 6 Plan does not specifically address this site.
3. The rezoning is consistent and compatible with the way the area has
developed. Rezoning this property will make the zoning consistent with
the current residential use. The area is generally characterized by
residential uses, with the exception of two businesses directly across
the street, a greenhouse business farther west on Maryland, and the open
space to the north. The proposed rezoning is compatible with these
uses.
4. The rezonina wi11 not nave an adverse impact on adjacent p;operty. The
current residential use of che property, or potential deve_opment of two
additional single-iamily homes, wi11 no� have ar. adverse �mnact on
ac�acer_t nroperty, for the reasons staced above. Ir addit_on,
residentia� use wili not have a neaaciv_ �mnac� or che ope: space area
to the nor�h, which is buffered by trees f-om chis proaert,. •
�°�, -� ��P
Zoning File #98-293
• Page Three
5_ The applicant has submitted a su££icient petition o£ two-thirds o£ the
property owners within one hundred (100) feet of the property stating
support for the rezoning (7 parcels eligible, 5 required, 6 signed).
I. STAFF RECO2R�ENDATION: Based on findings 1 through 5, staff recommends
approval of the proposed rezoning from B-3 (general business) to R-4
(one-family residential).
�
�
PETITION TO AMEND THE ZONING CODE
Department of Planning and E'coxomic Developmenf
Zoning Section
1100 City Ha/1 Annez
15 West Fourth Street
SainY Paul, MN 55101
266-6589
APPLICANT ( Property
Address
PROPERTY
LOCATION
k:�;,�.::j •
Contact person (if different) �
�
Legai description �
(attach additiona/ sheet if necessary)
TO THE HONORABLE MAYOR AND C1TY COUNCIL:
Pursuant to Section 64.400 of the S nt auI ZQning Ordinance and to Section 462.357(5) of
Minnesota SYatues, �;,f e. �9 z�� 6 . �'- , the owner of afi the tand praposed
for rezoning, hereby petitions you to rezone the above described property from a
R- 3 zoning district to a F.' -`f zoning district, for fhe purpose of:
��-'�-�--�.st.� �� -.s..e G�("J..1,-.�,'�'�.� - /!� /�+-"' �:.. ?rr.bt�. Z�
�!G � !� 6 Zi . � '_"_'r � . cK.G�i.a.{Z �L.� c Rt'�h � `�d-t`
tJ � �
ln �--w.� a�� � a L , CJ" ��°'�"~(
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�` c� ��—�-� >31c.�,� �...e.,�- �—� c��, ,
(aftach addrtionai sheet(s) if necessary)
At;ach Req si p ❑ Co�sent peti ❑ Affidavit ❑
Subscribed and sworn to
before me this .� ST day
of ' �'�i , 19��
�` � �C-� �%�
Notary Pubfic f-� �G.:n� _. ��c���
� NOTAB" PU6�IC-MINti�SJTA
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'r.� 3a.u�se� ��urur -
L•v�ccc. E.v�_s._ . "
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By \ �t � �� � A . l �!�-�'�-
Fee owner of prop=ry
�� . �
Title: �;-_ _ - --=�ti"
Page i of
a19 —`���
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REZO\L\G
SCUP
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FIRST SUBMITTED
DATEPETITIONSUBMITTED: �0
DATE OFFICIALLY RECEIVED:
i
� PARCELS ELIGIBLE: �
PARCELS REQUIRED: �
PARCELS SIGNED: �
RESUBMITTED
DATE PETITION RESUBbiITTED: � � �� � �` ' �
DATE OFFICIALLY RECEIVED: " � _ S �"
PARCELS ELIGIBLE: �
PARCELSREQUIRED: �
PARCELS SIGNED: V
� f
CHECKED BY: �}� ���� \ DATE: I D""' Z� /�
ZOi�1NG ��LE 1
�
PETITION TO REZOl\T�
ArrzD�vi�r
or r�TrTron��rz
STATE OF MI1VI�;ESOTA)
: SS
COLNTY OF RAMS�I' )
The petitioner Gt- C/� , being first dul}� sworn, dzposes and
states that the cpn t petition contains si�natures from at least rivo-thirds ( of all eligible
properties tivitl�in 100 feet ofall property otvned, purch2sed, or sold by petitioner �i•ithin one (1)
year preceding the date of this petition «•hich is contiguous to the property described in the
petition; petitioner is informed that the consent petition must contain si�natures from each and all
o�r•ners of jointly-o�cned property iiz order to constitute consent from that property and that
failure to obtain consent from each and a11 o��ners could in��alidate the consent pztition;
petitioner belie��es that the consent petition ���as signed b}� each of said ot�ners and that the
signatures are the true and correct si�natitres of eactt and ail of the parties so described.
�
,� � � �;,��- •
hAM
, � ,,
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ADDRESS
�.�� �- /
TELEPHOIv�E NUMBER
Subscribed and s�ti�orn to for me (� �
this��dayof�C��)� -�( , i9 7�
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�'OTAR1' PUBLIC
Pa�e of
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e � .AJ4.: L ECK=R" � -
� �� i NOTA'r,Y PUBLIC—MINNESOiA ' � (
' � 4AMSEY COUNTY � ��J I�J /
��'0T^ =zortesJan.31.
2pCp
' , ,-:-�,». _ ;
���`L\4
• AFFIDAVIT
OF PERSO\' CIRCULATING THE CONSENT PETITION
STATE OF MINNESOTA)
: SS
COUNTY OF RAMSEY )
� , bein� first duly sworn, d�poses and states that he/she is
the p rs who circulated the consent petition consisting of _ pages; that affiant represents that
the parties described on the consent petition are all the respective owners of the properties placed
immediatel} before each name; that affiant is informed and bziieves that each of the parties
described on the consent petition is an o�`ner of the pzoperty which is within 100 feet of any property
ownzd, purchased, or sold by petitioner within one (i ) year preceding the date of this petition which
is contiguous to the property described in the petition; that none of the parties described in the
consent petition has purchased or is purchasin� property from the petitioner that is contiauous to the
property described on the consent petition within one (1) year of the date of the petition; that this
consent tivas signed by each of said o��ners in the przsence of this affiant, and that ihe signatures are
the true and correct sigaatures of each and all of the parties so described.
�
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NAMB�'
r / �
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ADDRESS
� ��� ��� �
TELEPHO�E i�'UMBER
Subscribz�and sworn to before me ,
this �/ S da�� of �j�7'/��t , I 9 l�"�
� � �� �� � ���
/ �Y ' - �� / j � ��� � �
f��/ � - `��
— tiOT:�-�Z�' PliBiIC �
� /^_°r�. LAURP L.�ECKERT �
's f �iy NOTARY PUBLIC-MINNESOTP. pase Of
'��tl e RAMSEY COUN2Y �
, My Comm. EzD��es Jan. 31, 200G `
� - ,^^PnP!"b�:/WV'NWWJVWVNM/b�P/ -
ir ix��
CITY OF SAINT PAUL
CONSENT OF ADJOINING PROPERTY OWNERS FOR A •
REZONING
�Ve, the undersigned, owners of tlie property witl�in ] 00 feet of the total contiguous description of real estate
owned, purchased, or sold by THE PETITIONER within one year preceding die da[e of this peticion
acknowledoe that �ve liave been presented with the follo�vina:
]. A copy ofthe petition of j"// a� , .a� �-j .��/ , _
to rezone the property located at
of petitioner)
from a g zoning district to a_��zonino district.
�q —:
�2-9-•
x y -;
/t
2. A copy of sections � L+ � �� throubl� � v.-�� �, inclusive of the Saint Paul Zoning Code; and
acknowledge that �ve are aware of aIl of the uses permitted in a Q- 4 / zonin� district and we are
aware [hat any of fliese eeses can be established upon Ciry Council approval of the rezonina. We hereby
consent to the remnin� of the property in the petition of;
��"'�-�.���t a..t.v to a R- L { zoning district.
(ivame of petitioner)
�Ve consent to the approval of this rezoning as it was explained to us by the
ap�licant or his/her representative. .
i
1�OTE: This petition shaIl not be considered as of#'icially filed until the lapse of set�en (7) working
days after it is received by� the Planning Division. Any signator of this petition maq w�thdraw his/her
name therefrom b}� written request within that time.
�9-'���
District 6 Pianning Council
• . . 4'f�?�?M _,�^n.. "�d� �;.�r.e A��-�'♦x+�-"����m'�` �� r ^ �s� .�._ ...,., ., _..__��- �-:,:._
1061 Rice St.
St, Paul, MN 55117
Phone 612 488-4485
Fax 612 488-0343
November 25, 1998
Ms. Donna Drummond
City Hafl Annex
25 W. 4th St.
St. Paul, MN 55102
Dear ponna:
The District 6 Planning Council received a request from Michael Nadeau at 377 West
Maryland to rezone this property from B-3 to R-4.
On Wednesday, November 24, 1998 the Land Use Task Force of the District 6
• Planning Council approved this request.
If you have any questions, please feel free to give me a call.
Sincerely,
(� C�
Kathy C
Executiv pirector
•
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ORIGINAL
Presented By
council File # -\ `'� �1�
Ordinance #
Green Sheet # 635 1
(�
ORDINANCE
OF SAINT PAUL, MINNESOTA
PUBLiSHED
JUL 3 lggg
�
Re£erred To (/ Committee: Date
2
3
4
5
6
7
8
9
10
An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of
Saint Paul and the zoning maps thereo£
WHEREAS, Pursuant to Minnesota Statutes §462357 and §64.400 of the Legislative Code, MICIIAEL
NADEAU duly petitioned to rezone 377 WEST N1ARI'LAND AVENUE, being legally described as the
vacated a11ey accruing & following the west 16.77 feet of Lot 16 & all of Lots 17, 18 & Lot 19; Schletti
Second Addition from a B-3 (general business) zoning classification to R-4 (one-family residential) for the
purpose of making the zoning consistent with the current use of the properry, the petition having been
certified by the Planning stafF on November 11, 1948, as having been consented to by at least 67% of the
owners of the area of the properiy to be rezoned, and further hauing been consented to by at least two-thirds
11 of the owners of the property situated within 100 feet of the total contiguous property within one year
12 proceeding the date of the petition; and
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14
15
16
17
18
19
20
21
22
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26
WHEREAS, The Zoning Committee of the Planning Commission on December 10, 1998, held a public
hearing for the purpose of considering the rezoning petition, and pursuant to Chapter 107.03 of the
Administrative Code, submitted its recommendation to the Planning Commission that the petition be granted;
and
WHEREAS, The Planning Commission considered the rezoning petirion at its meeting held on December 18,
1998, and recommended that the City Council approve the petition; and
WHEREAS, notice of public heazing before the City Councii on the said rezoning petition was duly
published in the official newspaper of the City on January 16, 1999, and notices were duly mailed to each
owner of affected properiy and property situated wholly or partly within 350 feet of the properiy sought to be
rezoned;and
27 WHEREAS, a public heazing before the City Council having been conducted on January 27, 1999, where all
28 interested parties were heard, the Council having considered ail the facts and recommendations concerning
29
30
31
32
33
34
35
36
37
38
the petition; now, therefore
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That the zoning map of the City of Saint Paul, Sheet Number 4, as incorporated by reference in §60.301
of the Saint Paul Legislative Code, as amended, is hereby fiuther amended as follows:
39
40
41
42
43
44
45
46
47
48
49
50
51
52
That property with the address of 377 WEST MARI'LAND AVENI.JE , being more particularly � �4� 6
described as:
the vacated alley accnung & following the west 16.77 feet of Lot 16 & all of Lots 17, 18 & Lot 19;
Schletti Second Addition,
be and is hereby rezoned from B-3 to R-4.
Section 2.
This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and
publication.
Requested by Department of:
Plannin & ECOnomiC Dev o ment
\ �
Ifti�
By:
`tlp Form Approved by Ci tt rne
Adopted by Council: Date �l ` l�
Adoption Certified by Council Secretary $Y�
By: •
F p. I ��/� Approved by Mayor f Submission to Council
Approved by Mayor: �e �' V �t,(,r �� � /
By: ��-i.� �i��l�'�' PU8t1SHEn HY: 7P l� �,�
� �uL 3 i999
i;�,y.._
��
q9-�k (b
PED-NORTHWEST TEAM
Donna Drummond (ext. 6-6556)
ON GUUNCiL A
soon as
04/28/99
Assicx
xurem wa
rsOUTiNG
ORUFR
TOTAL # OF SIGNATURE PAGES
GREEN SHEET
ov�u.rert o�tarort
n,a 63581
r-�:c�^=:
❑ anarmatv ❑ rnrnaK
❑ naxeuus�n+cFSOn ❑ sn.xu��aomxcrc
❑ WvWtloaASasrYln ❑
(CLIP ALL LOCATIONS FOR SIGNATURE)
Adopt ordinance to finalize previous City Council approval of rezoning petition of
MICHAEL NADEAU to rezone property at 377 WEST MARYLAND AVENUE from B-3 to R-4 to
reflect current use of the property.
C�
PLANNING CAMMISSION
d6 COMMITfEE
CIVII SERVICE COMMISSION
Has Ni6 persoMfiim eVer waked under a contrad for this depaHment?
YES NO
Has this Oe�sorJfirm ever heen a cilY emDbYee9
VES NO
Does thic Pe�san/firtn Oossess a s7d4 not normallYP�sed M anY curreM cRy emWoYee?
YES NO
Is this personfirm a[arpetetl vendor? .
YES NO
>lain aP ves answers on senarate sheet aM attach to preen sheet
Finalize previous City Council approval of rezoning petition of MICHAEL NADEAU to
rezone property at 377 WEST MARYLAND AVENUE from H-3 to R-4 to re£lect current use,
of the property.
6i"aJ?!�� �'�"�"�5�.`�-::."4�i�! 4xi'��f-,���'
g)Y' '.:,�7
IF
'
TRANSACTION f
SOURCE
INFORMATION (IXPLNN)
�8T/REYENUE BUDGEfED (CIRCLE ONq
ACTNITY NUMBER
YES NO
DEPAR'1MEN7' OF PLANNiNG
& ECONOMIC DEVELOPMENT
Pamela Wheeloclr, D�rector
CTI'Y OF SAINT' PAUL
Norm Coleman, Mayor
January 19, 1999
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Hall
Saint Paul, Minnesota 55102
15 West Fourth Street
Saint Paul, MN 55102
RE: Zoning File #98-293 MICHAEL NADEAU
City Council Hearing: January 2�, 1999, 5:00 p.m. City Council Chambers
qq-�{14
Telephone: 612-266-6655
F¢csimile. 612-228-3267
PURPOSE: To consider rezoning property at 377 W. Maryland Ave., on the northeast corner of
Maryland and unimproved Westem Aves., from B-3 (general business) to R-4 (one-family residential) to
reflect the current use of the property.
PLANNING COMMISSION RECOMMENDATION: APPROVAL vote: unanimous
� ZOIVING COMMITTEE RECOMMENDATION: APPROVAL vote: 7-0
STAFF RECOMMENDATION: APPROVAL
SUPPORT: No one spoke. The District 6 Planning Council voted to support the rezoning.
OPPOSITION: No one appeared in opposition.
Dear Ms. Anderson:
MICHAEL NADEAU submitted a petition to rezone property at 377 W. Maryland Ave., on the northeast
corner of Maryland and unimproved Western Aves. The Zoning Committee of the Planning Commission
held a public heazing on the proposed rezoning on December 10, 1998. The applicant's representative
addressed the committee. At the close of the pubiic hearing the committee voted 7-0 to recommend
approval to rezone to R-4. The Planning Commission upheld the Zoning Committee's recommendation
for approval on a unanimous vote on December 18, 1998.
This proposed rezoning is scheduled to be heard by the City Council on January 27, 1999. Please notify
me if any member of the City Council wishes to have slides of the site presented at the public hearing.
Sincerely,
�Ovr..c �^^'�-h,,,.t�.�
Donna Drummond
City Planner
. Attachments cc: City Councilmembers
city of saint paui
planning commission resolution
file number 98-��
l.Kl te December 18, 1998
WHEREAS, MICHAEL NADEAU, File # 98-293 has pefitioned to rezone 377 WEST
MARYLAND AVENUE, situated on northeast comer of Maryland Avenue and unimproved
W,estern Avenue from B-3 (general business) to R-4 (one-family residential) to reflect the current
use of the property; and
-- -WHEREAS, the Zoning Committee of the Planning Commission on December 10, 1998, heId a
; publio hearing at which all persons present were given an opportunity to be heazd pursuant to
=� said application in accordance with the requirements of Section 64.400 o£the Saint Paul
= _ - Legislative Code; and
WIIEREAS, the Saint Pau1 Planning Commission, based on the evidence presented to its Zoning
Committee at the public hearing as substantially reflected in the minutes, made the following
fmdings of fact:
�
Michael Nadeau is the owner of properry and lives in the single-family home there. He .
has applied for a rezoning to residential use in order to obtain more favorable f nancing
for his mortgage. Although the applicant has not indicated plans to do so, the pazcel
could be split into a total of three Iots, creating 2 additional single-family lots that meet
the minimum requirements of the R-4 wne.
2. The rezoning is consistent with the Comprehensive Plan. Rezoning this property for
residenUal use creates the potential for development of two additional single-family
houses, and should be evaluated in that context. AIt[iough the currently adopted housing
plan chapter from 1990 gives only qualified support to development of new single-family
housing, the draft Saint Paul Housing Plan, cutrently under review by the Planning
Commission to replace the 1990 plan, is supportive. It includes the following policy:
"5.1 Encourage the production of 300-400 housing units a yeaz that can be sold or rented
to smaller households - either new young housefiolds or older empty nest and senior
citizen households." (p. 7). The draft Land Use Plan chapter, under review by the City
Council, includes a policy that supports private market efforts to build 6,000 new housing
units in the city by 2020 (Policy 5.4.2, p. 30). The District 6 Plan does noY specifically
address this site.
moyed by Field
seconded by
i n favor unanimous
against
�
Q 1-'� ��
Zoning File #98-293
• Page Two of Resolution
3. The rezoning is consistent and compatible with the way the azea has developed.
Rewning this property will make the zoning consistent with the current residential use.
The area is generally chazacterized by residenrial uses, with the exception of two
businesses directly across the street, a greenhouse business farther west on Maryland, and
the open space to the north. The proposed rezoning is compatible with these uses.
4. The rezoning will not have an adverse impact on adjacent properiy. The current
residential use of the property, or potential development of two additional single-family
homes, will not have an adverse impact on adjacent properry, for the reasons stated
above. In addition, residential use will not have a negative impact on the open space azea
to the north, which is buffered by trees from this property.
5. The applicant has submitted a sufficient petition of two-thirds of the properry owners
within one hundred (100) feet of the properry stating support for the rezoning (7 pazcels
eligible, 5 required, 6 signed).
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission that the
petition of MICHAEL NADEAU to rezone property at 377 WEST MARYLAND AVEN[3E,
more particulazly described as the vacated alley accruing & following the west 16.77 feet of Lot
• 16 8t all of Lots 17, 18 & Lot 19; Schletti Second Addition from a B-3 (general business) zoning
ciassification to R-4 (one-family residential) zoning classification is consistent with the
Comprehensive Plan for the City; and
BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby
recommend to the Council of the City of Saint Paul that property located at 377 WEST
MARI'LAND AVENUE be rezoned from B-3 to R-4 in accordance with the petition for
rezoning on file with the Saint Paul Planning administrator.
�
Saint Paul Planning Commission
City Hall Conference Center
IS Kellogg Boulevard West
A meeting of the Planning Commission of the City of Saint Pau1 was held Friday, December ] 8, 1998, at
8:30 a.m. in the Conference Center of City Hall.
Commissioners Mmes. Duarte, Engh, Faricy, Geisser, Morton, Nordin, Treichel, and Wencl and
Present: Messrs. Field, Gervais, Gordon, Johnson, Kramer, Mardell, Margulies, McDonell,
Nowlin and Vaught,
Commissioners Messrs. Kong and Sharpe
Absent:
*Excused
Also Present: Ken Ford, Plannin� Administrator; Jean Birkholz, Beth Bartz, Donna Drummond,
Nancy Frick, Tom Harren, Susan Kimberiy, Larry Soderholm and Jim Zdon,
DepaRment of Planning and Economic Development staff:
I. Approval of Minutes of December 4,1998
MOTION: Commissioner Field moved approval of U:e minutes ofDecember 4, I998;
Commissioner Rramer secor:ded the mation wlriclr carried rrnanimnuslv on a voice vote.
II. Chair's Announcements
Chair Morton announced the annual holiday party to be held in the Ramsey County Room of the
Landmark Center todav at noon.
Chair Morton called attention to a letter she received from Brian Bates, Scenic Minnesota, that
was copied for each commissioner. She added that she had also received a phone call from
John Manillo, president of Scenic Minnesota, who indicated that he had not seen Brian $ates'
letter before it had �one out, nor had anyone else in the organization.
Commissioner Field responded to the alleQations made in the letter. At the committee level
and in the past, Commissioner Field stated. that he has disclosed that his buildine has a
bil]board tivhich is owned b} Eller Advertising, and he has a 1/6 undivided interest in $2,500 -
$3.600 per }ear. Prior to ser� ing on the task force, he consulted with Mr. t�'amer. City
Attorne� �s Office and was advised that therz �cas no conflict of interest for him to serve on
either the Legislatic'e Adrison Tas6 Force or the Plannin� Commission. He noted t(�at he has
abstained from votins on ad�ertising siens onl} �tihen the} directh im�o3ie an Eller si�n, nof on
all advertisina si�ns. He ��ent on to sa} that he finds Mr. Bates� comments to be inflammaton.
•
•
Commissioner Kramer said he thought Ihere was a fuadamental misandersYandine in Mr. Bates .
aq�`���
Commissioner Vaught stated that he made the motion at Zonina Committee and he wrote the
• resolution. The sunset provision was put in at the sug�estion of Commissioner Gordon.
Commissioner Vaught said that he didn't like it and would have voted for the oriQinal motion
�vithout the sunset provision in it because l�e thinks it is reasonably clear that this is a business
sign and not an advertisin� sian. Commissioner Vaugltt thinks there are probably many ways
thatthis could be sliced and diced.
MOTION: Con:missioner Vauakt n:oved to refer the matter of this appeal back to the
Zoniug Con:nzittee and, if necessary, to irrvoke an additinna160 days for consideration;
Commissioner Gordon seconded t/te naotion which carried unanimously.
Mr. Soderholm am�ounced that he already sent the applicant notice extending this case 30 days,
assuming that it would take more time.
#98-293 Michael Nadeau - Rezone property at 377 Maryland Avenue West from B-3 (general
business) to R-4 (single-family residential) to reflect the existing use ofthe property (Donna
Drummond, 266-6556).
MOT70N: Con:�ni.ssinner Field moved tn approve the request to rezo�:e property at 377
MarVland Ave�:tre from B-3 (genern! business) to R-4 (sirzgle jami[y residential) to reflect tlte
eristina use ofthe propertl•, wbich carried unanimously on a voice vote.
#98-290 CavuQa Street, LLC - Rezone property at ]99 and 201 Cayuoa Street from RT-1
(two-famil} residential) to 1-1 (industrial) in order to develop parkin� (Donna Drummond, 266-
� 6»6).
bSOTION: Cmm�:issioner Fie(d n:oved to npprove the request to reaone property at 199 ar:d
201 C�ryzra n streel fron: RT-1 (twn firmilr resirlential) tn I-I (irad��sarial) in order to tlevelop
parking, wltic/r carried untrnintouslt• on n voire vote.
#98-296 Universiri of St. Thomas - Determination of similar use to allow permission to use
temporarily the recentl} vacated, university-o��med buildine at 2097 Grand A� enue for o�ce
space for the Saint Paul Police Western District Bic}cle Patrol and a Saii�t Paul Police storefront
operation (Jim Zdon. 266-6»9).
MOTION: Comn:issioner Field snnved approva! of t/re requested rlerern:inarion of similar
rese to allow per»zissio�: to trse tempnrnrilv tlre recentty vacaterl univetsiry-nn�ireA buitding at
2097 Grand Are�zue fnr oJTce .rpace_for the Saint Pau! Police Western Disrrrcl Bicycle Patrol
and n Sainf Paul Police storejrnnt nperatima, wkic/r carried unanimouslr nn a voice vote.
Commissioner Field informed commissioners that the Zonine Committee recommend refundins
Zhe application fee (in the resoiution) since the City is the applicant.
r98-297 Law'rence Sian - Si�znage �ariance at 16>j East CottaRe Avenue ha.zd on proposed
setbacf.. a heiglit of 78" is allo«ed and a height of 9^_" is proposed. a vanance ,�f 1,�" requested.
= 0 sq fr. of siRRa��e is allo��ed ��i[h 33.: sq.ft. proposed. requesting a ��ariance �f 3.= sq.fr. A 1�
foot setbacl. is proposed from both {iennard and Cottage. (i�anc} Frici.. ^_66-n�>s)
• �
MINUTES OF 7HE ZONING COMMITTEE
Thursday, December 10,1998 - 3:30 p.m.
City Councit Chambers, 3' Floor
City Hall and Court House
15 West Ketlogg Boulevard
PRESENT: Faricy, Field, Gordon, Kramer, Morton, Vaught and Wencl
EXCUSED: Gervais
OTHERS
PRESENT: Geri Boyd, Donna Drummond, Nancy Frick, Larry Soderholm and Jim Zdon of PED
The meeting was chaired by Commissioner Field.
MICHAEL NADEAU - Zoning File -98-293 - Application to rezone property from B-3 (general
business) to R-4 (one-family residential) to reflect the current use of the property.
Donna Drummond gave a slide presentation and reviewed the staff report. Ms. Drummond stated
tfiat staff recommends approval of the rezoning. District 6 Planning Councii also recommends
approval of the re-zoning application.
•
Mr. Ralph Nadeau, fatherofthe applicant, appeared on his behalf. Mr. Nadeau stated that �
his son has MS, therefore he was representing him, Mr. Nadeau expiained that they have
tried to get more favorable financing for his mortgage, however, because the property is
zoned for commercial, he cannot get mortgage financing, and that is why he has applied
for the rezoning.
In response to Commissioner Morton, Mr. Nadeau stated that he has had the adjoining lots
surveyed. He further stated that they are approximately 60 ft. each.
No one else spoke. The Public Hearing was closed.
Commissioner Morton moved for staff approval.
Commissioner Kramer.
Adopted Yeas - 7
Drafted by:
.�6
Geri L. Boyd
Recording Secretary
Nays - 0
Submitted by:
The motion was seconded by
ZI o�,�i
Donna Drummond
Nofthwest Team
Approved by:
•
Q9-�lt�
•
1
2
3
ZONING COMMITTSS STAFF REPORT
FIZ,E # 98-293
APPLSCANT: MZCHAEL NADEAU
CLASSIFICATION: ReZOniRg
LOCATION: 377 W. Maryland Ave.
DATS OF HfiARING: 12/1Oj98
4. PLAND7ING DISTRICT: 6
5
6
LEGAL DESCRIPTION: Vacated alley accruing & following the west 16.77
feet of Lot 16 & all of I,ots 17, 18 & Lot 19; Schletti Second Addition.
PRESENT Z023ING: B-3 ZONING CODE REFERENCE: §64.400
7. STAFF INVEST2GATION AND REPORT: DATE: 12/02/98 BY: Donna Drummond
8. DATE RSCEIVED: 11/03/98 DEADLINE FOR ACTION: O1/02/99
A.
i B.
C.
D.
•
PIIRPOSE: Application to rezone property from B-3 (general business) to
R-4 (one-family residential) to reflect the current use of the property.
PARCHL SIZE: The property to be rezoned has 133.5 feet of frontage on
Maryland Ave. and 132 feet of frontage on unimproved Western Ave. for a
total area of 17,622 sq. ft.
EXISTING LAND IISE: Single-Eamily house on the western portion o£ the
property.
LAND IISE:
North: Open space, including wetland areas, called Wi11ow Reserve,
which is owned by the City of St. Paul, in a RM-2 zone.
East: Additional Willow Reserve land immediately east in a RM-2
zone and single-family homes beyond in a R-4 zone.
South: A restaurant on the southeast corner and au[.o repair garage
on the southwest corner in a S-3 zone, with single-family
homes beyond in a R-4 zone.
west: Single-family homes immediately west and a garden center
business beyond in a B-3 zone.
E. ZONING CODE C2TATION: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 hereir., or subsequently established herein
pursuant to che 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 iines to
determine if, pursuant to state laws, such district boundary lines
Zoning File #98-293
Page Two .
should be changed." Section 64.400(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 property to be rezoned."
F. gISTORY/DISCIISSION: There was an application for a site plan review in
1990 for a commercial pole bam that was never built.
G. DISTRICT COIINCIL FtECOb42ENDATSON: The District 6 Planning Council
recommends approval of the rezoning application.
H. FINDINGS:
1. Michael Nadeau is the owner of property and lives in the single-family
home there. Ae has applied for a rezoning to residential use in order
to obtain more favorable financing for his mortgage. Although the
applicant has not indicated plans to do so, the parcel could be split
into a total of three lots, creating 2 additional single-fami2y lots
that meet the minimum requirements of the R-4 zone.
2. The rezoning is consistent with the Comprehensive Plan. Rezoning this
property for residential use creates the potential for development of
two additional single-family houses, and should be evaluated in that
context. Although the currently adopted housing plan chapter from 1990 �
gives only qualified support to development of new single-family
housing, the draft Saint Paul Housing P2an, currently under review by
the Planning Commission to replace the 1990 plan, is supportive. It
includes the following policy: ^5.1 Encourage the production of 300-400
housing units a year that can be sold or rented to smaller househoZds -
either new young households or older empty nest and senior citizen
households.�� (p_ 7). The draft Land Use Plan chapter, under review by
the City Council, includes a policy that supports private market efforts
to build 6,000 new housing units in the city by 2020 (Policy 5.4.2, p.
30). The District 6 Plan does not specifically address this site.
3. The rezoning is consistent and compatible with the way the area has
developed. Rezoning this property will make the zoning consistent with
the current residential use. The area is generally characterized by
residential uses, with the exception of two businesses directly across
the street, a greenhouse business farther west on Maryland, and the open
space to the north. The proposed rezoning is compatible with these
uses.
4. The rezonina wi11 not nave an adverse impact on adjacent p;operty. The
current residential use of che property, or potential deve_opment of two
additional single-iamily homes, wi11 no� have ar. adverse �mnact on
ac�acer_t nroperty, for the reasons staced above. Ir addit_on,
residentia� use wili not have a neaaciv_ �mnac� or che ope: space area
to the nor�h, which is buffered by trees f-om chis proaert,. •
�°�, -� ��P
Zoning File #98-293
• Page Three
5_ The applicant has submitted a su££icient petition o£ two-thirds o£ the
property owners within one hundred (100) feet of the property stating
support for the rezoning (7 parcels eligible, 5 required, 6 signed).
I. STAFF RECO2R�ENDATION: Based on findings 1 through 5, staff recommends
approval of the proposed rezoning from B-3 (general business) to R-4
(one-family residential).
�
�
PETITION TO AMEND THE ZONING CODE
Department of Planning and E'coxomic Developmenf
Zoning Section
1100 City Ha/1 Annez
15 West Fourth Street
SainY Paul, MN 55101
266-6589
APPLICANT ( Property
Address
PROPERTY
LOCATION
k:�;,�.::j •
Contact person (if different) �
�
Legai description �
(attach additiona/ sheet if necessary)
TO THE HONORABLE MAYOR AND C1TY COUNCIL:
Pursuant to Section 64.400 of the S nt auI ZQning Ordinance and to Section 462.357(5) of
Minnesota SYatues, �;,f e. �9 z�� 6 . �'- , the owner of afi the tand praposed
for rezoning, hereby petitions you to rezone the above described property from a
R- 3 zoning district to a F.' -`f zoning district, for fhe purpose of:
��-'�-�--�.st.� �� -.s..e G�("J..1,-.�,'�'�.� - /!� /�+-"' �:.. ?rr.bt�. Z�
�!G � !� 6 Zi . � '_"_'r � . cK.G�i.a.{Z �L.� c Rt'�h � `�d-t`
tJ � �
ln �--w.� a�� � a L , CJ" ��°'�"~(
� 4K2 �-�-� .,C�.ti�'�;2.e���r2 � � � �. �^—�:�..-�
�` c� ��—�-� >31c.�,� �...e.,�- �—� c��, ,
(aftach addrtionai sheet(s) if necessary)
At;ach Req si p ❑ Co�sent peti ❑ Affidavit ❑
Subscribed and sworn to
before me this .� ST day
of ' �'�i , 19��
�` � �C-� �%�
Notary Pubfic f-� �G.:n� _. ��c���
� NOTAB" PU6�IC-MINti�SJTA
"
'r.� 3a.u�se� ��urur -
L•v�ccc. E.v�_s._ . "
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f
By \ �t � �� � A . l �!�-�'�-
Fee owner of prop=ry
�� . �
Title: �;-_ _ - --=�ti"
Page i of
a19 —`���
��
REZO\L\G
SCUP
��
FIRST SUBMITTED
DATEPETITIONSUBMITTED: �0
DATE OFFICIALLY RECEIVED:
i
� PARCELS ELIGIBLE: �
PARCELS REQUIRED: �
PARCELS SIGNED: �
RESUBMITTED
DATE PETITION RESUBbiITTED: � � �� � �` ' �
DATE OFFICIALLY RECEIVED: " � _ S �"
PARCELS ELIGIBLE: �
PARCELSREQUIRED: �
PARCELS SIGNED: V
� f
CHECKED BY: �}� ���� \ DATE: I D""' Z� /�
ZOi�1NG ��LE 1
�
PETITION TO REZOl\T�
ArrzD�vi�r
or r�TrTron��rz
STATE OF MI1VI�;ESOTA)
: SS
COLNTY OF RAMS�I' )
The petitioner Gt- C/� , being first dul}� sworn, dzposes and
states that the cpn t petition contains si�natures from at least rivo-thirds ( of all eligible
properties tivitl�in 100 feet ofall property otvned, purch2sed, or sold by petitioner �i•ithin one (1)
year preceding the date of this petition «•hich is contiguous to the property described in the
petition; petitioner is informed that the consent petition must contain si�natures from each and all
o�r•ners of jointly-o�cned property iiz order to constitute consent from that property and that
failure to obtain consent from each and a11 o��ners could in��alidate the consent pztition;
petitioner belie��es that the consent petition ���as signed b}� each of said ot�ners and that the
signatures are the true and correct si�natitres of eactt and ail of the parties so described.
�
,� � � �;,��- •
hAM
, � ,,
�-� a--� �/'�.�,��--5.�� �- _
ADDRESS
�.�� �- /
TELEPHOIv�E NUMBER
Subscribed and s�ti�orn to for me (� �
this��dayof�C��)� -�( , i9 7�
/ /;
� � � �
� / ��.�� ��,�.� ��r� .���
,
�'OTAR1' PUBLIC
Pa�e of
T ....... , .. i
e � .AJ4.: L ECK=R" � -
� �� i NOTA'r,Y PUBLIC—MINNESOiA ' � (
' � 4AMSEY COUNTY � ��J I�J /
��'0T^ =zortesJan.31.
2pCp
' , ,-:-�,». _ ;
���`L\4
• AFFIDAVIT
OF PERSO\' CIRCULATING THE CONSENT PETITION
STATE OF MINNESOTA)
: SS
COUNTY OF RAMSEY )
� , bein� first duly sworn, d�poses and states that he/she is
the p rs who circulated the consent petition consisting of _ pages; that affiant represents that
the parties described on the consent petition are all the respective owners of the properties placed
immediatel} before each name; that affiant is informed and bziieves that each of the parties
described on the consent petition is an o�`ner of the pzoperty which is within 100 feet of any property
ownzd, purchased, or sold by petitioner within one (i ) year preceding the date of this petition which
is contiguous to the property described in the petition; that none of the parties described in the
consent petition has purchased or is purchasin� property from the petitioner that is contiauous to the
property described on the consent petition within one (1) year of the date of the petition; that this
consent tivas signed by each of said o��ners in the przsence of this affiant, and that ihe signatures are
the true and correct sigaatures of each and all of the parties so described.
�
�� a ,� � �� �-E-���'
NAMB�'
r / �
�a � - � f ', 0.�-k ��
ADDRESS
� ��� ��� �
TELEPHO�E i�'UMBER
Subscribz�and sworn to before me ,
this �/ S da�� of �j�7'/��t , I 9 l�"�
� � �� �� � ���
/ �Y ' - �� / j � ��� � �
f��/ � - `��
— tiOT:�-�Z�' PliBiIC �
� /^_°r�. LAURP L.�ECKERT �
's f �iy NOTARY PUBLIC-MINNESOTP. pase Of
'��tl e RAMSEY COUN2Y �
, My Comm. EzD��es Jan. 31, 200G `
� - ,^^PnP!"b�:/WV'NWWJVWVNM/b�P/ -
ir ix��
CITY OF SAINT PAUL
CONSENT OF ADJOINING PROPERTY OWNERS FOR A •
REZONING
�Ve, the undersigned, owners of tlie property witl�in ] 00 feet of the total contiguous description of real estate
owned, purchased, or sold by THE PETITIONER within one year preceding die da[e of this peticion
acknowledoe that �ve liave been presented with the follo�vina:
]. A copy ofthe petition of j"// a� , .a� �-j .��/ , _
to rezone the property located at
of petitioner)
from a g zoning district to a_��zonino district.
�q —:
�2-9-•
x y -;
/t
2. A copy of sections � L+ � �� throubl� � v.-�� �, inclusive of the Saint Paul Zoning Code; and
acknowledge that �ve are aware of aIl of the uses permitted in a Q- 4 / zonin� district and we are
aware [hat any of fliese eeses can be established upon Ciry Council approval of the rezonina. We hereby
consent to the remnin� of the property in the petition of;
��"'�-�.���t a..t.v to a R- L { zoning district.
(ivame of petitioner)
�Ve consent to the approval of this rezoning as it was explained to us by the
ap�licant or his/her representative. .
i
1�OTE: This petition shaIl not be considered as of#'icially filed until the lapse of set�en (7) working
days after it is received by� the Planning Division. Any signator of this petition maq w�thdraw his/her
name therefrom b}� written request within that time.
�9-'���
District 6 Pianning Council
• . . 4'f�?�?M _,�^n.. "�d� �;.�r.e A��-�'♦x+�-"����m'�` �� r ^ �s� .�._ ...,., ., _..__��- �-:,:._
1061 Rice St.
St, Paul, MN 55117
Phone 612 488-4485
Fax 612 488-0343
November 25, 1998
Ms. Donna Drummond
City Hafl Annex
25 W. 4th St.
St. Paul, MN 55102
Dear ponna:
The District 6 Planning Council received a request from Michael Nadeau at 377 West
Maryland to rezone this property from B-3 to R-4.
On Wednesday, November 24, 1998 the Land Use Task Force of the District 6
• Planning Council approved this request.
If you have any questions, please feel free to give me a call.
Sincerely,
(� C�
Kathy C
Executiv pirector
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