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99-416ORIGINAL 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" ��°'�"~( � 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._ . " � 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 • 10 5 i� �_ � 2 � � � _ '�� \ is� �.4 e 3 ; , 3 � , � ., 14 <�� -� ' � � ' T �� ��° ' g = , G �.� ; � � � � _ �. _$ ,l�..b ' � � a `_ j � = �'- — 1 �' F �I � .. � � a � �� � S � y ��Y A ~ f f ^ •` \\i �� s ` i { � ..I- � =` ���.. � �' �- s� % : �, r // . � h'/ \` �1 /�� / � € �� / /^ \\ �� �� \ CrITZEN PARTICIPATTON PLANNING DISTRIGTS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1�. 1�. 16. i i. � � SIJ\ RAY-BATTL,ECREEK-HIGHW OOD HAZEL PARK HADEN-PROSPERTI'Y HILLCREST WEST SIDE DAYTO�v"S BLUFF PAYI�'E-PHAI,EN NORTH END THOi�SAS-DALE SUMMIT-Uh�IVERSITY WEST SEVENTH CO�SO HAMLINE-NfID�VAY ST. 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DISTRICT 6 NO ..-�- �_ � �r^� � .�_� ! ��&"����� a ��� ��`���� � � '= — ���>}� �'� � . 1 ��/ 32 � � �� Q � 32 23 O O � �'� � �- �.. � �k� r � �� ����' � G'��J1'�s f Y. � � � + • rr� � • � . r • � � — r : � r o � Q � o � — ° _ __�.__ � � � � � � � � � � � � � � � T U � � � SCH00� DISTRICT NORTICULTUR1l. 1 LEARNING CENTER � I � ! � , ( 2�3 v � � � � � � � � 0 � � � � � � � � � � 1 i>a` . t � ��. ` � � asa` c -� I� � � � � � f � � � S: . � y t • � e � � �'�� � �;� '7 [.7 � �d • � �'w � - � . � � � '�^ � � �i'� �� _ :����-.;: � �:,-. - • - _.�•� . y _� �o • ' ��s�ra �;�: . � > � u �i,�� �� C r -�y LL � � t o � /��,���} � . .^.Pr l.li.F�,`:T�L ��?_ �t� ��cN� a o� W��,� ••�••••�-.� zoniny disUict b��,;r�d=_ry v. ��_ � — E � °L►. �r - '°�—� � sub;>ct propery r; « " PLN" D.�-� t.�:,o � O on? fct77ily , � �, Q fr:� (�-lify ��34� ...—`� A-b Q muitipie la:n!iY `\, ° � r ' C;"' _._ _ . g �a.._ i.—;._� � v . .�:- � - -- --� 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" ��°'�"~( � 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._ . " � 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 • 10 5 i� �_ � 2 � � � _ '�� \ is� �.4 e 3 ; , 3 � , � ., 14 <�� -� ' � � ' T �� ��° ' g = , G �.� ; � � � � _ �. _$ ,l�..b ' � � a `_ j � = �'- — 1 �' F �I � .. � � a � �� � S � y ��Y A ~ f f ^ •` \\i �� s ` i { � ..I- � =` ���.. � �' �- s� % : �, r // . � h'/ \` �1 /�� / � € �� / /^ \\ �� �� \ CrITZEN PARTICIPATTON PLANNING DISTRIGTS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1�. 1�. 16. i i. � � SIJ\ RAY-BATTL,ECREEK-HIGHW OOD HAZEL PARK HADEN-PROSPERTI'Y HILLCREST WEST SIDE DAYTO�v"S BLUFF PAYI�'E-PHAI,EN NORTH END THOi�SAS-DALE SUMMIT-Uh�IVERSITY WEST SEVENTH CO�SO HAMLINE-NfID�VAY ST. 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DISTRICT 6 NO ..-�- �_ � �r^� � .�_� ! ��&"����� a ��� ��`���� � � '= — ���>}� �'� � . 1 ��/ 32 � � �� Q � 32 23 O O � �'� � �- �.. � �k� r � �� ����' � G'��J1'�s f Y. � � � + • rr� � • � . r • � � — r : � r o � Q � o � — ° _ __�.__ � � � � � � � � � � � � � � � T U � � � SCH00� DISTRICT NORTICULTUR1l. 1 LEARNING CENTER � I � ! � , ( 2�3 v � � � � � � � � 0 � � � � � � � � � � 1 i>a` . t � ��. ` � � asa` c -� I� � � � � � f � � � S: . � y t • � e � � �'�� � �;� '7 [.7 � �d • � �'w � - � . � � � '�^ � � �i'� �� _ :����-.;: � �:,-. - • - _.�•� . y _� �o • ' ��s�ra �;�: . � > � u �i,�� �� C r -�y LL � � t o � /��,���} � . .^.Pr l.li.F�,`:T�L ��?_ �t� ��cN� a o� W��,� ••�••••�-.� zoniny disUict b��,;r�d=_ry v. ��_ � — E � °L►. �r - '°�—� � sub;>ct propery r; « " PLN" D.�-� t.�:,o � O on? fct77ily , � �, Q fr:� (�-lify ��34� ...—`� A-b Q muitipie la:n!iY `\, ° � r ' C;"' _._ _ . g �a.._ i.—;._� � v . .�:- � - -- --� 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" ��°'�"~( � 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._ . " � 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 • 10 5 i� �_ � 2 � � � _ '�� \ is� �.4 e 3 ; , 3 � , � ., 14 <�� -� ' � � ' T �� ��° ' g = , G �.� ; � � � � _ �. _$ ,l�..b ' � � a `_ j � = �'- — 1 �' F �I � .. � � a � �� � S � y ��Y A ~ f f ^ •` \\i �� s ` i { � ..I- � =` ���.. � �' �- s� % : �, r // . � h'/ \` �1 /�� / � € �� / /^ \\ �� �� \ CrITZEN PARTICIPATTON PLANNING DISTRIGTS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 1�. 1�. 16. i i. � � SIJ\ RAY-BATTL,ECREEK-HIGHW OOD HAZEL PARK HADEN-PROSPERTI'Y HILLCREST WEST SIDE DAYTO�v"S BLUFF PAYI�'E-PHAI,EN NORTH END THOi�SAS-DALE SUMMIT-Uh�IVERSITY WEST SEVENTH CO�SO HAMLINE-NfID�VAY ST. Aiv'THOi�IY PARK h�RRLAIvf PARK-LEXI�'GTO?v' F-LA�'LLl?vE-SNELLI�G HAMLI'� � hL4CALESTER GROVELA.�'D I-IIG?:LA.T�� SUM?�iIT HILL DO�`�i�,�Q«� ZONING FILE • � � -: . �� . �.���q . �. 1 � -- ;.::.:�� e - . � �---1� r—t� _ � ��� c<<. � � - � r �.�_ ` -lj �n r `''•,. •,�.� , � s � '.�.Z � 5 �� � -�-� ; l ', , ���`l�: � � ` � , � ;�'. • ' !'�ili l@ � � �'� � __'�'_'..�A � r --� �'��t;('" _ �i.� � • "' �'3'�n r� l�' I'�\� �';' : �� ��.� 4 ;�� �:�:. �: � :`� �=l �: �. � s��:;s _r.:�,, �� i ��r _.}; a _ ` _ J ' � :...i r ^ �;. iL��'3"_.,t_ ' • I ..� ,'..." ' -�(__' I ��� �_ r.�.... .,...... � . + ' I' _ w•.u.:, --�� ..-, ' �_.� ,V` `- - _ ;F . -, _, --� '' '__ . `—_ ' .- ._ '"Jt -_ . : - =r.' `' �'� �I ' .7r ---� ' � - I �,-. � ....... _ J �' -- J�_ iLJ� �E .....J.. i � _ : �yr r _�r-�r � � � r _ �L_7L 1-.. n' ^_ �� : ��::�� ; ..� L ��-� �L_ �-=—a�_3!---�-- NOP,TN END - /b �r=.. 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DISTRICT 6 NO ..-�- �_ � �r^� � .�_� ! ��&"����� a ��� ��`���� � � '= — ���>}� �'� � . 1 ��/ 32 � � �� Q � 32 23 O O � �'� � �- �.. � �k� r � �� ����' � G'��J1'�s f Y. � � � + • rr� � • � . r • � � — r : � r o � Q � o � — ° _ __�.__ � � � � � � � � � � � � � � � T U � � � SCH00� DISTRICT NORTICULTUR1l. 1 LEARNING CENTER � I � ! � , ( 2�3 v � � � � � � � � 0 � � � � � � � � � � 1 i>a` . t � ��. ` � � asa` c -� I� � � � � � f � � � S: . � y t • � e � � �'�� � �;� '7 [.7 � �d • � �'w � - � . � � � '�^ � � �i'� �� _ :����-.;: � �:,-. - • - _.�•� . y _� �o • ' ��s�ra �;�: . � > � u �i,�� �� C r -�y LL � � t o � /��,���} � . .^.Pr l.li.F�,`:T�L ��?_ �t� ��cN� a o� W��,� ••�••••�-.� zoniny disUict b��,;r�d=_ry v. ��_ � — E � °L►. �r - '°�—� � sub;>ct propery r; « " PLN" D.�-� t.�:,o � O on? fct77ily , � �, Q fr:� (�-lify ��34� ...—`� A-b Q muitipie la:n!iY `\, ° � r ' C;"' _._ _ . g �a.._ i.—;._� � v . .�:- � - -- --�