The URL can be used to link to this page

01-1075�R(GI�IA�. Council File # A � — 1015 Ordinance # Green Sheet # �t3 � � 5 ORDINANCE OF SAtNT PAUL, MINNESOTA Presented By Referred To Committee: Date C �. 1 An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of 2 Saint Paui and the zoning maps thereof. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WF3EREAS, Pursuant to Minnesota Statutes 462.357 and 64.400 ofthe Legislative Code, Lisa Kamp duly petitioned to rezone property at 395 W Cook Avenue being legally described as Lots 19 & 20, Block 1, Holcombe's subdivision of lots 70 to 75 inclusive of Willan and Heywazds outlots to St. Paul, NIN (PIN# 25- 29-23-24-0003), from R-4 (single-family residential) to B-1 (local business) to allow for combining it with an adjacent B-1 zoned parcel in order to construct an accessory garage £or the residence on the adjacent B-i zoned parcel; the petition having been certified by the Planning Division on July 11, 2001 as hauing been consented to by at least 67% of the owners of the area of the property to be rezoned, and further having been consented to by at least two-thirds of the owners of the property situated within 100 feet of the total contiguous property within one year proceeding the date of the petition; and WfIEREAS, The Zoning Committee of the Planning Commission on August 16, 2001, held a public hearing for the purpose of considering the rezoning petition, and pursuant to { 107.03 of the Administrative Code, submitted its recommendation to the Planning Commission that the petition be granted; and WI�REAS, The Planning Commission considered the rezoning petition at its meeting held on August 24, 2001, and recommended that the City Council approve the petition; and WI�REAS, notice of public heazing before the City Council on the said rezoning petition was duly published in the officiai newspaper of the City on 09l04/�l and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet of the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on September 19, 2001, where all interested parties were heard, the Council having considered all the facts and recommendations concerning the petition; now, therefore THE COUNCII, OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. 33 That the zoning map of the City of Saint Paul, Sheet Number 12, as incorporated by reference in Section 34 60301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: 35 36 That property located at 395 W Cook Avenue being more particulazly described as: 37 38 Lots 19 & 20, Block 1, Holcombe's subdivision of lots 70 to 75 inclusive of Willdn and Heywazds outlots to 39 St. Paul, MN (PIN# 25-29-23-24-0003) p ,�� s �� 40 � �_� . 41 42 43 44 45 46 47 be and is hereby rezoned from R-4 to B-1. O►..�p.�S Section 2. This ordinance shall take effect and be in force ttnrty (30) days from and after its passage, approval and publication. � � O f Adopted by Council: Date _�� _� 9,0p, t Adoption Certified by Council Secretary � _ \ '_� •,, . _ �_ _ �li � // � �� / �" , ��//� Plannin & conomic Develo�ment By: � Form Apg�ove � City Attorney sy: y".�e � _Z 4_ � Approv by Mayor for Submission to Council Sy : -_-- [ ��.t� PtlBLlSHED It � � DEPARTMENT/OFFICE/COUNCIL: PED CO�VTACT PERSON & PAOh"E: 'Yang Zhang (6-6659) MiJST BE ON COUNCII. AGENDA BY (D:1TL� As soon as possible DATE INTTIATED Gg�EN SFIEET September 20, 2001 y\T1W/DATE � 2 DEPAItT[vtENT D ASS[GN 3 C1TY ATTORNEY f't l.ti—ct { NIJMBER FINANCIAL SERV DIl2. FOR 4 MAYOR (OR ASS?.)� ROUTIVG ORDER No.: 113115 Q `� `�� 4�7IIALAATE s crrr cov�'cn, CILY CLERK FINAa�'CIAL SER4/ACCTG 1 Sean ICnsluw L i( ( TOTAL # OF SIGNA'LURE PAGFS _i_(CLIP ALL LOCATIOPS FOR Acrio� xEQUesrEn: Adoption of rezoning ordinance RECOMMENDATIONS: Approve (A) or Reject (R) pLANNNG COMMISSION CIB COMMPCfEE CIVIL SERVICE WMMISSION PERSONAL SERVICE CONTRACfS bNST ANSWER THE FOLLOWLVG QUF.STIO\S: 1. Hasthispersodfumeverworkedunderacrontractforthisdepaztment? . Yes No 2. Has titis person�fum e�'a been a ciTy employee? � Yes No 3. Does this pe�odfum possess a ski11 nM no}mally possessed by any current riTy emp�%ee? Yes No gxplain all yes answen on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OYPORTUNII'P (Who, Wha0. Whe�, Where, Nhy): Adopt an ordinance to finalize council approval of a petition of Lisa ICamp to rezone property located at 395 W Cook Avenue from R-4 to B-1 (public hearing held 9l19/20Q 1) . ADVANTAGESIFAPPROVED: Property will be rezoned and the applicant can construct a gazage that serves the grocery store and residence on the adjacent parcei. D[SADVANTAGESIFAPPROVED: None DISADVANTAGES IF NOT APPROVED: Land in question will remain vacant. Without a garage, there will be more on-street parking on neighborhood streets. TOTAL AMOUNT OF TRANSACTION: S 0 FUNDIi�''G 50URCE: FINANCL4L INFORMATION: (EXPLAI� �Si.6 � ��3Q1 COST/REVENUE BUDGETED: ACTIVITY NUMBER: SEP � 4 2001 CtTV ATTORNEY _ __ _ _ _ � _ _� ____ ______ _ _ __v _ _ _ - - _ Nancg - 0� 214037anderson memo confirming ,_ „_ Page 1_ _�_.�__n ___.�,_.�__�_w ... __.._..,,__ ..._. _.._ __ .. .., _ ... __a _.... _. c�i-1o�5 DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT CITY OF SAINT PAUL Noim Coleman, Mayor August 24, 2001 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Division of Planning 25 West Fourth SYreet Saint Paul, MN 55f02 Sa- • �y`�I • NOTICE OF PUBLIC HEARII�G The Saint Paul City Councll wiIl cbn- duct a public hearing on Wednesdap. September 19. ?A01, at 5:30 p.m. in the City Councii Cl�ambers. "I9�3rd FZoor CI�Y Eiall-Courthouse, 15 West Kellogg Boulevazd, Saint Paul, MN, to consider the application of Lisa Kamp to rezone proper ty from R-4 (sitigle-famlly,,�'esidentiai) t° B' 1 pocal business) to a11ow for comb3ning with an adjacent B-1 wned pazcel in oTder to construct an accessory gaiage for the residence at 395 West Cook Avenue. Dated: August 29, 20Q1, .'NANCYAL$DERSON --; �. AssSStant Clty Council Secretac9 � . fsev+�mber kl I would Iike to confirm that a public hearing before the City Council is scheduled for Wednesday September 19, 2001, for the following zoning case: Applicant: Lisa Kamp File Number: #01-214-037 Purpose: Rezone property from R-4 (single-family residential) to B-1 (local business) to allow for combining it with an adjacent B-1 zoned parcel in order to construct a� accessory garage for the residence on the adjacent B-1 zoned parcel. Address: 395 W Cook Avenue Legal Description of Property: Lots 19 & 20, Btock 1, Holcombe's subdivision of lots 70 to 75 inclusive of Wilkin and Heywards outlots to St. Paul, MN (PIN# 25-29-23-24-0003) Previous Action: Zoning Committee Recommendation: Approval; vote: 5-0; August 16, 2001 Planning Commission Decision: Approval; una�imous vote; Augast 24, 2001 My understanding is that this public hearing request wiii appear on the agenda for the September 5, 2001 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6659 ifi you have any questions. Sincerely, Yang Zhang _ _ __. _ � _ _ � _ __ _ _ Nancy Anderson - 01214037anderson memo confirming pubhrg,wpd _ _ _ Page 2 DEPARTMENT OF PLA.NIVING & ECONOMIC DEVEIAP�fENT �t r1 U CITY OF SAII�IT PAUL Norm Coteman, Mayor D�msiort afPlanning 25 WestFourth Street Sa+nt Paul, MN 55101 Telephane: 61 2-266 65 65 Facsimile: 612-228-3314 . August 30, 2001 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 Re: Zoning File #01-214-037 Applicant: Lisa Kamp City Council Hearing: September 19, 2001, 5:30 p.m. to 6:30 p.m., City Council Chasnbers Purpose: Rezoning properry at 395 W Cook Avenue from R-4 (single-famIly residential) to B-1 (local business) to allow for combinuig it with an adjacent B-1 zoned parcel in order to construct an accessory garage for the residence on the adjacent B-1 zoned parcel. Plaminig Commission Recommendation: Approve, vote: Unanimous. Zoning Committee Recommendation: Approve, vote: 5- 0. Staff Recommendation: Approve. Support: None. Opposition: None. District Council: The District 6 Community Council voted in support of the rezoning. Dear Ms. Anderson: This rezoning application is scheduled to be heard by the City Council on September 19, 2001. Please notify me (266-6659) if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, ��/� — CJ� Yang Zhang City Planner cc City Council members � OI-lb�,s � city of saint paul planning commission resolution file number oi-�2 date Au ?4, zoo� WHER�AS, Lisa Kamp, File #01-214-037, has petitioned underthe provisions of §64.400 of the Saint Paul Legislative Code, to rezone property located at 395 W. Cook, between Western and Cumberland, from R-4 to B-1 to allow for combining it with an adjacent B-1 zoned parcel in order to construct an accessory garage for the residence on the adjacent B-1 zoned parcel; and WHEREAS, the Zoning Committee of the Planning Commission, on August 16, 2001, held a public hearing at which all persons present were given an opportunity to be . heard pursuant to"said application in accordance with the requirements of §64.300 of � the Saint Paul Legislative Code; and W NEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially refilected in the minutes, made the following findings of fact: • 1. 7he applicant has requested that the vacant lot they own at 395 W Cook be rezoned from R-4 to B-1 in order to construct a garage. The lot has been vacant since 1989, and is used as a backyard to the grocery store(residence to the east, where the applicant and her family work and live. Under Saint Paul's zoning code, an accessory structure must be constructed on the same zoning lot as the primary structure. A rezoning of the lot in question from R-4 to B-1 would be needed in order to join the two parcels. The primary structure was established in i 964 and [s a viable neighborhood business. 2. The proposed rezoning to B-1 is consistent with adjacent B-1 zoning and is a reasonabie provision to allow the applicant to construct an accessory garage to serve their residence at 1059 N Western. 3. The use is not inconsistent with the provisions of the comprehensive plan. moved by Kramer seconded by _ in favor Unanimous � against Zoning File #01 214-037 Planning Commission Resolution Page 2 4. The code provides thaf an appiication for rezoning must be accompanied by a consenf petition of the owners of two thirds of the properties within 100 feet of the property to be rezoned. Twelve signatures were required. Twelve were received. . NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that the petition of Lisa Kamp to rezone property at 395 W. Cook Avenue, legally described as Lots 19 & 20, Block 1, Holcombe's subdivision of lots 70 to 75 inclusive of Wilkin and Heywards outlots to St. Paul, MN, from R-4 to B-9 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 39b W. Cook Avenue be rezoned from R-4 fo B-1 in accordance with the petition for rezoning on file with the Saint Paul Department of Planning and Economic Development. � �J .__ . . u • � Ptav►��n�j C�w„��sSl�� IV. Zoning Committee i � OLD BUSIlVESS !'Y1 � n c�Y'� s Ru9 2�F, �,oa� b1 l �� #O1-213-513 Kao Lee - Change of Nonconforming Use on first floor from commercial to residential units. 561 Thomas, NW corner of Kent & Thomas. (Yang Zhang, 651/266-6659) Commissi,oner Kramer stated a letter was received from District 7 Planning Council in support of the NCUP. No one spoke in support and one party spoke in opposition. The public hearing was closed. The Zoning Committee recommended approvai with four conditions on a vote of 5-0. 1�TOTION: Commissioner Kranrer n:oved tlre Zoning Con:»:ittee's recon:nsendation to approve tlte Nonco�rforn:ing Use Permit for approvir:g t�vo uriits with two bedrooms each, and with son:e off-street parking iit tlte backyard, paved and striped to alloiv for 6-8 cars as wel[ as sosne lanrlscaping. Tke nsotion carried nnaninro[rsly on a voice vnfe. NEW BUSIN�SS #O1-214-037 Lisa Kamn - Application to rezone from R-4 to B-1 to join with adjacent parcel in order to construct an accessory structure. 39 ��. Cook, between Western & Cumberland. (Yang Zhang, 651f266-6654) Commissioner Kramer stated District 6 supports the rezoning. No one spoke in support and no one spoke in opposition. The public hearing was closed. The Zoning Committee recommended approval on a vote of 5-0. MOTION: Commissioner Kramer moved t7ee ZoniHg Co»zn:ittee's recon:n:endatiot: to approve tlte reZOni�tg. TJte motion carried unanimortsly on a voice vote. #O1-215-571 Parkwav Place Housin - Rezone from B-1 and R-4 to RM-2 for the purpose of developing and operating an apartment project containing a minimum oi 114 apartments for senior residents (over 55 years of age) and related activities. Area bounded by Hudson Road, Frank, alley soufh of Wilson and Johnson Parkway, plus five(5) lots on the north side of Wilson and five(5) lots on the south side of Wilson east of Frank. (Patricia James, 651/266-6639) Commissioner Kramer stated District 4 supports the rezoning. No one spoke in support and one party spoke in opposition. The public hearing was closed. The Zoning Conunittee recommended approval on a vote of 5-0. MOTION: Conzmissiorser I�ranzer rtzoved The Zoning Committee's recomrnendadmz to approve the rezo�aing. The motior: carried unanimously on a voice vote. #O1-216330 Clear Channel Outcloor Inc - Appeal to the Planning Commission of order issued by the office of LIEP to remove the billboard due to damage to structurat parts. Replacement of structural parts is protiibited by the West Side Special Sign Districf. ��Vabasha Street, unaddressed parcel near 215 S. Wabasha.. (Larry Soderl�olm, 651/266-6575) 2 MINUTES OF THE ZONING COMMITTEE Thursday, August 16, 2001 - 3:30 p.m. City Council Chambers, 3' Floor City Hall and Court House 15 West Kellogg Boulevard PRESENT: EXCUSED: Anfang, Faricy, Kramer, Mejia, and Morton Aiton, Field, and Gordon OTHERS PRESENT: Caroi Martineau, Allan Torstenson, Yang Zhang of PE The meeting was chaired by Commissioner Kramer. Lisa Kamp - 01-214-037 - Application to rezone from R-4 to B-1 to join with adjacent parcel in order to construct an accessory structure. 395 W. Cook, between Western & Cumberland Yang Zhang show�e al ioftherezoning nted the staff report. Ms. Zhang stated the zoning staff recommends app Mr. Paul Kamp, the applicant appeared and explained thaf there is a one-car garage attached to the store which is used for the business. They need an addition garage to accommodate their personal needs. No one spoke in support or opposition. The hearing was closed. Commissioner Morton moved approvai of the staff recommendation. Commissioner Mejia seconded it. The motion passed by a vote of 5-0. Adopted Yeas - 5 Drafted by: �W` � Carol Martineau Recording Secretary Nays - 0 Submitted by: Yang Zhang Zoning Section n U • Approved by: � � �� ichard Kram r Chair • o� - io�S � A. • B. C. • ZONING COMIVIITTEE ST,AFF REPORT FILE # O1-214-037 APPLICANT: Lisa Kamp HEARING DATE: August 16, 2001 1. TYPE OF APPLICATTON: Rezoning 2. LOCATIOI�T: 395 W Cook Ave.; between Western Ave. and C�inberland St. 4. LEGAL DESCRIPTION: Lots 19 Rc 20, Block 1, Holcombe's subdivision of lots 70 to 75 inclusive of Willdn and Heywards outlots to St. Paul, MI3 5. PLANNING DISTRICT: 6 PRESENT ZOIVING: R-4 6. ZONING CODE REFERENCE: 64.400 7. STAFF REPORT DATE: August 9, 2001 BY: Yang Zhang 8. DATE RECEIVED: June 28, 2001 DEADLINE FOR ACTION: September 6, 2001 PUT2POSE: Rezone from R-4 to B-1 to allow for combining it with an adjacent B-1 zoned parcel in order to construct an accessory garage for the residence on the adjacent B-1 zoned parcel.. PARCEL SIZE: 61 ft on Cook by 117 ft = 7,020 sq. ft. EXISTING LAND USE: Vacant space, serving as a backyard to the grocery store and residence to the east. D. SURROUNDING LAND USE: North: Single family residential, zoned R-4 South: Single family residential, zoned R-4 East: Grocery store, zoned B-1 West: Single family residential, zoned R-4 E. ZONiNG CODE CITATION: Secfion 64.400(a) of the zoning code states in part, "the council may, from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed." Section 64.400(b) states in part, "an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned." F. HISTORY/DISCUSSION: No history. G. DISTRICT COIINCIL RECONIlVI��NDATION: District 6 voted on July 24, 2001, to support the rezoning. � Zoning File #01-214-037 Page 2 H. FINDINGS: � 1. The applicant has requested that the vacant lot they own at 395 W Cook be rezoned from R-4 to B-1 in order to construct a gazage. The lot has been vacant since I989, and is used as a backyard to the grocery store/residence to the east, where the applicant and her family work and live. The grocery storehesidence currently has no gazage. Under Saint Paul's zoning code, an accessory structure must be constructed on tfie same zoning lot as the primary structure. A rezoning of the loY in quesrion from R-4 to B-1 would be needed in order to join the two pazcels. The priu�ary structure was established in 1964 and is a viable neighborhood business. 2. The proposed rezoning to B-1 is consistent with adjacent B-1 zoning and is a reasonable provision to allow the applicant to construct an accessory gazage to serve their residence at 1059 N Western. 3. The use is not inconsistent with the provisions of the cornprehensive plan. 4. The code provides that an application for rezoning must be accompanied by a consent petition of the owners of two thirds of the properties within 100 feet of the properry to be rezoned. Twelve signatures were required. Twelve were received. STAFF RECOMIVIENbATION: SYaff recommends approval of the rezoning of 395 W Cook from R-4 to B-1. • • ol - ► b�� PETITiON TO AMEND THE ZONING CODE Department of Planning and Economic Development Zonirzg Section I400 City Hall Arcnex 25 West Fourth Street Saint PauI, MN SSIO2-I634 (65I) 266-6589 APPLICANT • PROPERTY LOCATION Property Owner_�(; Address !�� ,4 city C- Contact Person (if differe Address / Location 3` Legai Description 7`*OLC a O `� z�C -1, (attach additional sheet if /t't,�� zin 55/ i> �� t � t� � Current Zoning ��` �saga3ay TO THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, LI S A L. ��A�'H� , owner of land proposed for rezoning, hereby petitions you to rezone the above described property from a '�� zonin district to a �—� zoning district, for the purpose of: �a� Ln�Fi � �� ''�'� � V�� . � T�� o � rY�s� f,i/��cN I��'s -'�� F��cr- � s [nc� o�.c t S ��s� 0�2 �,�� . 1 s�� S (attach additionat sheet(s) if necessary) Attachments: Required Site Plan ❑ Subscribed and sworn to before me this -�c ��`'� da Y of c �L-�-+'`�— , 20�. �> �� ;� Notary Pu li �r�� 3� �� C vZ�'+�Vat�- �c.r Zonin � sg� / y� niy - :� File �✓� ". � 7 -` � = � Fee: ' � �� :. . °: . -v-rr Tentative Hearing Date: _. �-t�-� 1 -; � /U 5�r Gc�s+�� C„z� �-� �.� Consent Petition ❑ �iL �dE Affidavit ❑ Fee Owner of Pro�6erty Title: OL� i `�' _ r , F,`� 0 l — � �O�S� a` .�- ' � ' SHERPo ANN HALDORSON G �`�'� tp �� NOTARYPUBLIC•►9NNESO7A � I i.!�„Dt MYCOMMiSStON pageti of,_ EXPIRES JAN. 31, 2005 �f�c�z or s��nT�r Pa.urJ CONSENT OF ADJOJNIi�TG.PROPERTY OWNERS FOR A I2�.ZONX1VCr' ' � �Vc, thc undersigned, owners of the proper[y within 100 feet of the total contiguous dcscription of real cstate owned, purcliased, or sold by THE PETITIONER within one year prcccding the date of this petition acknowledge tliat we havc Ucen presented �vith the foliowing: 1. Acopyofthcpctitionof �y'}v (name ofpetitioner), to rczone tlie property located at '�q� �A� .�o � from a I�ES , zoning district to a� � zoning district. 2_ A cor�; o; sections � - �j throu _._� S��_, incl:isive of the Saint Pau] Zonin� Code; ancl acknorvledge that �4�e are a�vare of 11l of the uses pemntted in a�-�, zoning district and we are a�vare that a�iy of these uscs can be establist�ed upon City Council approval of the rezot�ing. \Ve hereb}� cons . the rez , ing of the property in the petition of; � V(., ��}crlc.t�, �-�,w.�____ to a�� Zonin„ dis[rict: (�Iame of petitioner) �',`c cansent to ttie approvnl of ttiis rezoning as it «•as explained to us b}• fhe applica�it o* his,'lier r2p:cscnt�ticc. \ ADI�RESSO::P.i.\..`- REC012DOR'�ER � SIG\A R=_ _J__ UATE / ��-�'�T�'f�.�l� !� �,��; �.� ��--�-�' �/ " ' � /07�- cu��'-.r.� /�� _�e�__ 1b'�5 � lo �� _Q � ,�S• � 3�� e�o.�. av.� /�2 n � ow nrt��;�1 `: �w�� il -- - `:i -- s� . r�.n.� A ri ' , ��: c�_'/7-�� , -r -v � i G :—� �- � ✓ 23 -o� ' (, -Z3 -C�f ) � � ,. �o/ ��,.�.o�l � l��^ cy "4 �� oTe: f iis pe ition shali not be considered as of�� e u i t� «'orking days affer if is recei��ed U�• the Pianning Di��is' i. n}� sig afor wiehdra�ti hislher name therefrom b ��•ritten requesf �r�ithin t t, i /65'� l.i�-� C�cal �(�r( , �pse�df se�e� �7) ttiis petitiop nta� b�� o�l . . . .: ��- .... . .. � , �.,��.c±4: :"..��t`��.�'�`'a'a``�':-a"�f'�-"�' vy . ; a<,is { E +.F S { r 01-1o�S � C� xt�zo��m'G FIRST SUBMTTTED scu� ��cur RESUB�TITTED DATL PETITION SUBMITTED: �� DATE P£TITION RESUBMITTED: T)ATE OFFICIALLY RECEIVED:�' � r �� DATE OFFICIALLY RECEIVED: PARCL"•LS ELIGIBLE: �� • � PARCELS 12EQUIRED: �_ PARCELS SIGNED: / � PARCELS ELIGISLE: PARCE•LS REQUIRED: PARCELS SIGNED: � . CHECIiED BY: � DATE: • _ 7 /r-� � zc��v«� ��L� . , .-_ - - �- . � - P�TITION TO 12EZON� AFFTDA'VIT OF P�"I'ITIOI`ER STATE OF MINNESOTA) :SS COLNTY OF SEY ) . Tlie petitioner, ��11L �- 't-�L"�� , being first dul}' sworn, deposes and states that the consent petition contains siQnatures from at least t�vo-thirds ( of all eligible properties �vithin 100 feet of all property o�vned, purchased, or sold by petitionzr �vithin one (1) year precedin� the date of this petition which is contigiaous to the property described in the petition; petitioner is informed that the consent petition must contain signahires from each and all owners of jointly-owned property in order to constitute consent from that property and that ' failure to obtain consen[ from each and aii owners could invafidafe fhe consent petition; petitioner beliet•es that the consent petition tivas signed b}� each of said owners aad that the signatures are the true and correct si�natures of each and all of the parties so described. RUTH P. STEINWALL NOTARY pUBUC.MW�1A YY CaMOiesan E�int M �t, � t Subscribed and sworn to before me this��day of ,d-h"�� i�a,-��-�,� � . NOTA Y PUBLIC � �UL �-�r K�lF�(� NAME . jo5� L{�� _n I.. ADDRESS �1-1.�� NUMBER Pa;e ( of 1/31/97 � ot -iv�s � • AFFIDAVIT OF PERSON CiRCULATING THE CONSENT PETITION STATE OF MINNESOTA) :SS GOUNTY OF•RAMSEY) -f�V L�.�� wl� , being first duly sworn, deposes and states that he/she is the person 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 immediately before each name; that affiant is informed and believes that each of the parties described on the consent petition is an owner of the property which is within 100 feet of any property owned, purchased, or sold by petitioner within one (1) year preceding the date of this petition which is contiguous to tfie property described in the petition; t ' " � �_t __:� _ :�� ...� �f+ti;r �� +, and that the atures are the true and correct signatures of each and afl of the parties so descr' ed. � j � f Subscribed and sworn to before me this �day of �ul��_ . 2� a � IVHIYIG t �� ,l%� `;7�"! fc /�-r ADDRESS �,)��. TELEPHONE NUMBER �� nrrn,�!ti �s. custsor�ws ,� . � R'OTPRYPUBLIC-MIAMESOTA M1' COMMISSIQN £iCPir�ES JAN.31. 2005 '. Page of � � 1(3l00 ;� ZONING PETITION LIST As requested, attached is a list of all property owners within 100 feet of the property which you are requesting a zoning application. As a condition of your application, you are required to submit with your application a consent petition signed by a muumum two-thirds of ali the property owners within 100 feet on the attached Iist. Only persons Iisted as "fee otimer" or "homesteader" are eligible to sign yonr petition. Persons Iisted as "taxpayer" are not eligible to sign your petition s'mce they do not have full ocvnership of the properiy. A properiy oLVner may sign the petition as many tunes as they are listed as an otvner cvithin 100 feet. Only one signature per property is counted as an eli�ible si�ner of the pe[i[ion. Also attached are the petition form, affidavit, and application materials. '�+ total properties are within 100 feet of the property for zoninQ action 2nd eli�ible to sign your petition. �� total signatures are required for a minimum two-thirds consent and a sufficient petition to proceed with your zonin� application. Please return this list alon� with the original petition form, affida�•it, applicztion anc� any additionai supportin� information and material that is par[ of your applicatioa. Itezoning petitions must be received and held in the Zoning office 7 working da}'s prior to any application cut-off date. If you have questions about this list or any questions re�arding this process, please caIt the Zonin� office at 266-6589. � • � ��- la?S D[strict 6 Ptanning Counci! � July 25, 2001 Ms. Yang Zhang Dept. of Planning & Economic Development City of St. Paul 25 W. 4th St. St. Paui, MN 55102 Dear Ms. Zhang: - _ �.. � �1061 Rice St. Paul, MN 55117 Phone 651 488-4485 Fax 651 488-0343 The District 6 Planning Council received a request from Lisa & Paul Kamp to rezone the property located at 395 W. Cook from R-4 (single family dweiling) to B-1 (locai business) to allow the construction of a garage. � On Tussday, July 24, 2001 the Land Use Task Force of the District 6 Planning Council approved this request. If you have any questions, please cail me at 651-488-4485. Executive � � � 1. SUNRAY•BATTLECREEK•HIGHWOOD 2. HAZEL PARK HADEN-PROSPERITY HILLCREST 3. WEST SID$ 4. DAYTON'S $LUFF 8. 9. l0. 11. 12. 13. 14. 15: ifi. 17. NORTFi END _- - TKOMAS-DAI,E SLTMMIT LINI'YERSITY - � WFST SEVE2�11�i COMO HAIvfLINE-MIDWAY . ST. AN.CHONY PARK MERRIAM PARK-LEXII�iGTON HAMI.INE-SNELLING T-LAML�E MACALESTER GROVEIAND HIGFiI.AND SUMMfT HILL AOWNTOWN � . � t'�`� � .� CITIZEN PARTICIPATTON PZANNING DISTRTCTS � nI-fo�5 NORTH END DISTRICT 6 . �� - - �, � -037 ��,2c�f J �� o � �-- I o � � o� o , � o 0 � �-- Q -o- _ o _ - � o---- _o� _-- _ 0 0 , � 0 �-- ` �_'_--h U �-J-- C ,� � . 0 a-� n � z 'a � .F � � o � r� J < � a o ; � ° `� I � � � � � � --�- . �� -c�-- �;---�- C•7 C n � � • �� •� � 0� • � or•� . � �� . . � �� d�Wr _._ , --._�......._. - - ` APPLICANT � EGEND � PURPOSE �' � \ "" �'°'� zoning district boundary FILE �� 1" DATE � J�� subject propeny �" onh"' PLNG. DIST�_ MAP � o one famiiy • �^ commerc ` ��,.� ¢ two tamily � ..., industrial SCA`�'�.� 0' r:�.� � multiple family Y v2U_nt ..._ ---..... � Q L`_ �- � r � �R(GI�IA�. Council File # A � — 1015 Ordinance # Green Sheet # �t3 � � 5 ORDINANCE OF SAtNT PAUL, MINNESOTA Presented By Referred To Committee: Date C �. 1 An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of 2 Saint Paui and the zoning maps thereof. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WF3EREAS, Pursuant to Minnesota Statutes 462.357 and 64.400 ofthe Legislative Code, Lisa Kamp duly petitioned to rezone property at 395 W Cook Avenue being legally described as Lots 19 & 20, Block 1, Holcombe's subdivision of lots 70 to 75 inclusive of Willan and Heywazds outlots to St. Paul, NIN (PIN# 25- 29-23-24-0003), from R-4 (single-family residential) to B-1 (local business) to allow for combining it with an adjacent B-1 zoned parcel in order to construct an accessory garage £or the residence on the adjacent B-i zoned parcel; the petition having been certified by the Planning Division on July 11, 2001 as hauing been consented to by at least 67% of the owners of the area of the property to be rezoned, and further having been consented to by at least two-thirds of the owners of the property situated within 100 feet of the total contiguous property within one year proceeding the date of the petition; and WfIEREAS, The Zoning Committee of the Planning Commission on August 16, 2001, held a public hearing for the purpose of considering the rezoning petition, and pursuant to { 107.03 of the Administrative Code, submitted its recommendation to the Planning Commission that the petition be granted; and WI�REAS, The Planning Commission considered the rezoning petition at its meeting held on August 24, 2001, and recommended that the City Council approve the petition; and WI�REAS, notice of public heazing before the City Council on the said rezoning petition was duly published in the officiai newspaper of the City on 09l04/�l and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet of the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on September 19, 2001, where all interested parties were heard, the Council having considered all the facts and recommendations concerning the petition; now, therefore THE COUNCII, OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. 33 That the zoning map of the City of Saint Paul, Sheet Number 12, as incorporated by reference in Section 34 60301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: 35 36 That property located at 395 W Cook Avenue being more particulazly described as: 37 38 Lots 19 & 20, Block 1, Holcombe's subdivision of lots 70 to 75 inclusive of Willdn and Heywazds outlots to 39 St. Paul, MN (PIN# 25-29-23-24-0003) p ,�� s �� 40 � �_� . 41 42 43 44 45 46 47 be and is hereby rezoned from R-4 to B-1. O►..�p.�S Section 2. This ordinance shall take effect and be in force ttnrty (30) days from and after its passage, approval and publication. � � O f Adopted by Council: Date _�� _� 9,0p, t Adoption Certified by Council Secretary � _ \ '_� •,, . _ �_ _ �li � // � �� / �" , ��//� Plannin & conomic Develo�ment By: � Form Apg�ove � City Attorney sy: y".�e � _Z 4_ � Approv by Mayor for Submission to Council Sy : -_-- [ ��.t� PtlBLlSHED It � � DEPARTMENT/OFFICE/COUNCIL: PED CO�VTACT PERSON & PAOh"E: 'Yang Zhang (6-6659) MiJST BE ON COUNCII. AGENDA BY (D:1TL� As soon as possible DATE INTTIATED Gg�EN SFIEET September 20, 2001 y\T1W/DATE � 2 DEPAItT[vtENT D ASS[GN 3 C1TY ATTORNEY f't l.ti—ct { NIJMBER FINANCIAL SERV DIl2. FOR 4 MAYOR (OR ASS?.)� ROUTIVG ORDER No.: 113115 Q `� `�� 4�7IIALAATE s crrr cov�'cn, CILY CLERK FINAa�'CIAL SER4/ACCTG 1 Sean ICnsluw L i( ( TOTAL # OF SIGNA'LURE PAGFS _i_(CLIP ALL LOCATIOPS FOR Acrio� xEQUesrEn: Adoption of rezoning ordinance RECOMMENDATIONS: Approve (A) or Reject (R) pLANNNG COMMISSION CIB COMMPCfEE CIVIL SERVICE WMMISSION PERSONAL SERVICE CONTRACfS bNST ANSWER THE FOLLOWLVG QUF.STIO\S: 1. Hasthispersodfumeverworkedunderacrontractforthisdepaztment? . Yes No 2. Has titis person�fum e�'a been a ciTy employee? � Yes No 3. Does this pe�odfum possess a ski11 nM no}mally possessed by any current riTy emp�%ee? Yes No gxplain all yes answen on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OYPORTUNII'P (Who, Wha0. Whe�, Where, Nhy): Adopt an ordinance to finalize council approval of a petition of Lisa ICamp to rezone property located at 395 W Cook Avenue from R-4 to B-1 (public hearing held 9l19/20Q 1) . ADVANTAGESIFAPPROVED: Property will be rezoned and the applicant can construct a gazage that serves the grocery store and residence on the adjacent parcei. D[SADVANTAGESIFAPPROVED: None DISADVANTAGES IF NOT APPROVED: Land in question will remain vacant. Without a garage, there will be more on-street parking on neighborhood streets. TOTAL AMOUNT OF TRANSACTION: S 0 FUNDIi�''G 50URCE: FINANCL4L INFORMATION: (EXPLAI� �Si.6 � ��3Q1 COST/REVENUE BUDGETED: ACTIVITY NUMBER: SEP � 4 2001 CtTV ATTORNEY _ __ _ _ _ � _ _� ____ ______ _ _ __v _ _ _ - - _ Nancg - 0� 214037anderson memo confirming ,_ „_ Page 1_ _�_.�__n ___.�,_.�__�_w ... __.._..,,__ ..._. _.._ __ .. .., _ ... __a _.... _. c�i-1o�5 DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT CITY OF SAINT PAUL Noim Coleman, Mayor August 24, 2001 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Division of Planning 25 West Fourth SYreet Saint Paul, MN 55f02 Sa- • �y`�I • NOTICE OF PUBLIC HEARII�G The Saint Paul City Councll wiIl cbn- duct a public hearing on Wednesdap. September 19. ?A01, at 5:30 p.m. in the City Councii Cl�ambers. "I9�3rd FZoor CI�Y Eiall-Courthouse, 15 West Kellogg Boulevazd, Saint Paul, MN, to consider the application of Lisa Kamp to rezone proper ty from R-4 (sitigle-famlly,,�'esidentiai) t° B' 1 pocal business) to a11ow for comb3ning with an adjacent B-1 wned pazcel in oTder to construct an accessory gaiage for the residence at 395 West Cook Avenue. Dated: August 29, 20Q1, .'NANCYAL$DERSON --; �. AssSStant Clty Council Secretac9 � . fsev+�mber kl I would Iike to confirm that a public hearing before the City Council is scheduled for Wednesday September 19, 2001, for the following zoning case: Applicant: Lisa Kamp File Number: #01-214-037 Purpose: Rezone property from R-4 (single-family residential) to B-1 (local business) to allow for combining it with an adjacent B-1 zoned parcel in order to construct a� accessory garage for the residence on the adjacent B-1 zoned parcel. Address: 395 W Cook Avenue Legal Description of Property: Lots 19 & 20, Btock 1, Holcombe's subdivision of lots 70 to 75 inclusive of Wilkin and Heywards outlots to St. Paul, MN (PIN# 25-29-23-24-0003) Previous Action: Zoning Committee Recommendation: Approval; vote: 5-0; August 16, 2001 Planning Commission Decision: Approval; una�imous vote; Augast 24, 2001 My understanding is that this public hearing request wiii appear on the agenda for the September 5, 2001 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6659 ifi you have any questions. Sincerely, Yang Zhang _ _ __. _ � _ _ � _ __ _ _ Nancy Anderson - 01214037anderson memo confirming pubhrg,wpd _ _ _ Page 2 DEPARTMENT OF PLA.NIVING & ECONOMIC DEVEIAP�fENT �t r1 U CITY OF SAII�IT PAUL Norm Coteman, Mayor D�msiort afPlanning 25 WestFourth Street Sa+nt Paul, MN 55101 Telephane: 61 2-266 65 65 Facsimile: 612-228-3314 . August 30, 2001 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 Re: Zoning File #01-214-037 Applicant: Lisa Kamp City Council Hearing: September 19, 2001, 5:30 p.m. to 6:30 p.m., City Council Chasnbers Purpose: Rezoning properry at 395 W Cook Avenue from R-4 (single-famIly residential) to B-1 (local business) to allow for combinuig it with an adjacent B-1 zoned parcel in order to construct an accessory garage for the residence on the adjacent B-1 zoned parcel. Plaminig Commission Recommendation: Approve, vote: Unanimous. Zoning Committee Recommendation: Approve, vote: 5- 0. Staff Recommendation: Approve. Support: None. Opposition: None. District Council: The District 6 Community Council voted in support of the rezoning. Dear Ms. Anderson: This rezoning application is scheduled to be heard by the City Council on September 19, 2001. Please notify me (266-6659) if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, ��/� — CJ� Yang Zhang City Planner cc City Council members � OI-lb�,s � city of saint paul planning commission resolution file number oi-�2 date Au ?4, zoo� WHER�AS, Lisa Kamp, File #01-214-037, has petitioned underthe provisions of §64.400 of the Saint Paul Legislative Code, to rezone property located at 395 W. Cook, between Western and Cumberland, from R-4 to B-1 to allow for combining it with an adjacent B-1 zoned parcel in order to construct an accessory garage for the residence on the adjacent B-1 zoned parcel; and WHEREAS, the Zoning Committee of the Planning Commission, on August 16, 2001, held a public hearing at which all persons present were given an opportunity to be . heard pursuant to"said application in accordance with the requirements of §64.300 of � the Saint Paul Legislative Code; and W NEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially refilected in the minutes, made the following findings of fact: • 1. 7he applicant has requested that the vacant lot they own at 395 W Cook be rezoned from R-4 to B-1 in order to construct a garage. The lot has been vacant since 1989, and is used as a backyard to the grocery store(residence to the east, where the applicant and her family work and live. Under Saint Paul's zoning code, an accessory structure must be constructed on the same zoning lot as the primary structure. A rezoning of the lot in question from R-4 to B-1 would be needed in order to join the two parcels. The primary structure was established in i 964 and [s a viable neighborhood business. 2. The proposed rezoning to B-1 is consistent with adjacent B-1 zoning and is a reasonabie provision to allow the applicant to construct an accessory garage to serve their residence at 1059 N Western. 3. The use is not inconsistent with the provisions of the comprehensive plan. moved by Kramer seconded by _ in favor Unanimous � against Zoning File #01 214-037 Planning Commission Resolution Page 2 4. The code provides thaf an appiication for rezoning must be accompanied by a consenf petition of the owners of two thirds of the properties within 100 feet of the property to be rezoned. Twelve signatures were required. Twelve were received. . NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that the petition of Lisa Kamp to rezone property at 395 W. Cook Avenue, legally described as Lots 19 & 20, Block 1, Holcombe's subdivision of lots 70 to 75 inclusive of Wilkin and Heywards outlots to St. Paul, MN, from R-4 to B-9 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 39b W. Cook Avenue be rezoned from R-4 fo B-1 in accordance with the petition for rezoning on file with the Saint Paul Department of Planning and Economic Development. � �J .__ . . u • � Ptav►��n�j C�w„��sSl�� IV. Zoning Committee i � OLD BUSIlVESS !'Y1 � n c�Y'� s Ru9 2�F, �,oa� b1 l �� #O1-213-513 Kao Lee - Change of Nonconforming Use on first floor from commercial to residential units. 561 Thomas, NW corner of Kent & Thomas. (Yang Zhang, 651/266-6659) Commissi,oner Kramer stated a letter was received from District 7 Planning Council in support of the NCUP. No one spoke in support and one party spoke in opposition. The public hearing was closed. The Zoning Committee recommended approvai with four conditions on a vote of 5-0. 1�TOTION: Commissioner Kranrer n:oved tlre Zoning Con:»:ittee's recon:nsendation to approve tlte Nonco�rforn:ing Use Permit for approvir:g t�vo uriits with two bedrooms each, and with son:e off-street parking iit tlte backyard, paved and striped to alloiv for 6-8 cars as wel[ as sosne lanrlscaping. Tke nsotion carried nnaninro[rsly on a voice vnfe. NEW BUSIN�SS #O1-214-037 Lisa Kamn - Application to rezone from R-4 to B-1 to join with adjacent parcel in order to construct an accessory structure. 39 ��. Cook, between Western & Cumberland. (Yang Zhang, 651f266-6654) Commissioner Kramer stated District 6 supports the rezoning. No one spoke in support and no one spoke in opposition. The public hearing was closed. The Zoning Committee recommended approval on a vote of 5-0. MOTION: Commissioner Kramer moved t7ee ZoniHg Co»zn:ittee's recon:n:endatiot: to approve tlte reZOni�tg. TJte motion carried unanimortsly on a voice vote. #O1-215-571 Parkwav Place Housin - Rezone from B-1 and R-4 to RM-2 for the purpose of developing and operating an apartment project containing a minimum oi 114 apartments for senior residents (over 55 years of age) and related activities. Area bounded by Hudson Road, Frank, alley soufh of Wilson and Johnson Parkway, plus five(5) lots on the north side of Wilson and five(5) lots on the south side of Wilson east of Frank. (Patricia James, 651/266-6639) Commissioner Kramer stated District 4 supports the rezoning. No one spoke in support and one party spoke in opposition. The public hearing was closed. The Zoning Conunittee recommended approval on a vote of 5-0. MOTION: Conzmissiorser I�ranzer rtzoved The Zoning Committee's recomrnendadmz to approve the rezo�aing. The motior: carried unanimously on a voice vote. #O1-216330 Clear Channel Outcloor Inc - Appeal to the Planning Commission of order issued by the office of LIEP to remove the billboard due to damage to structurat parts. Replacement of structural parts is protiibited by the West Side Special Sign Districf. ��Vabasha Street, unaddressed parcel near 215 S. Wabasha.. (Larry Soderl�olm, 651/266-6575) 2 MINUTES OF THE ZONING COMMITTEE Thursday, August 16, 2001 - 3:30 p.m. City Council Chambers, 3' Floor City Hall and Court House 15 West Kellogg Boulevard PRESENT: EXCUSED: Anfang, Faricy, Kramer, Mejia, and Morton Aiton, Field, and Gordon OTHERS PRESENT: Caroi Martineau, Allan Torstenson, Yang Zhang of PE The meeting was chaired by Commissioner Kramer. Lisa Kamp - 01-214-037 - Application to rezone from R-4 to B-1 to join with adjacent parcel in order to construct an accessory structure. 395 W. Cook, between Western & Cumberland Yang Zhang show�e al ioftherezoning nted the staff report. Ms. Zhang stated the zoning staff recommends app Mr. Paul Kamp, the applicant appeared and explained thaf there is a one-car garage attached to the store which is used for the business. They need an addition garage to accommodate their personal needs. No one spoke in support or opposition. The hearing was closed. Commissioner Morton moved approvai of the staff recommendation. Commissioner Mejia seconded it. The motion passed by a vote of 5-0. Adopted Yeas - 5 Drafted by: �W` � Carol Martineau Recording Secretary Nays - 0 Submitted by: Yang Zhang Zoning Section n U • Approved by: � � �� ichard Kram r Chair • o� - io�S � A. • B. C. • ZONING COMIVIITTEE ST,AFF REPORT FILE # O1-214-037 APPLICANT: Lisa Kamp HEARING DATE: August 16, 2001 1. TYPE OF APPLICATTON: Rezoning 2. LOCATIOI�T: 395 W Cook Ave.; between Western Ave. and C�inberland St. 4. LEGAL DESCRIPTION: Lots 19 Rc 20, Block 1, Holcombe's subdivision of lots 70 to 75 inclusive of Willdn and Heywards outlots to St. Paul, MI3 5. PLANNING DISTRICT: 6 PRESENT ZOIVING: R-4 6. ZONING CODE REFERENCE: 64.400 7. STAFF REPORT DATE: August 9, 2001 BY: Yang Zhang 8. DATE RECEIVED: June 28, 2001 DEADLINE FOR ACTION: September 6, 2001 PUT2POSE: Rezone from R-4 to B-1 to allow for combining it with an adjacent B-1 zoned parcel in order to construct an accessory garage for the residence on the adjacent B-1 zoned parcel.. PARCEL SIZE: 61 ft on Cook by 117 ft = 7,020 sq. ft. EXISTING LAND USE: Vacant space, serving as a backyard to the grocery store and residence to the east. D. SURROUNDING LAND USE: North: Single family residential, zoned R-4 South: Single family residential, zoned R-4 East: Grocery store, zoned B-1 West: Single family residential, zoned R-4 E. ZONiNG CODE CITATION: Secfion 64.400(a) of the zoning code states in part, "the council may, from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed." Section 64.400(b) states in part, "an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned." F. HISTORY/DISCUSSION: No history. G. DISTRICT COIINCIL RECONIlVI��NDATION: District 6 voted on July 24, 2001, to support the rezoning. � Zoning File #01-214-037 Page 2 H. FINDINGS: � 1. The applicant has requested that the vacant lot they own at 395 W Cook be rezoned from R-4 to B-1 in order to construct a gazage. The lot has been vacant since I989, and is used as a backyard to the grocery store/residence to the east, where the applicant and her family work and live. The grocery storehesidence currently has no gazage. Under Saint Paul's zoning code, an accessory structure must be constructed on tfie same zoning lot as the primary structure. A rezoning of the loY in quesrion from R-4 to B-1 would be needed in order to join the two pazcels. The priu�ary structure was established in 1964 and is a viable neighborhood business. 2. The proposed rezoning to B-1 is consistent with adjacent B-1 zoning and is a reasonable provision to allow the applicant to construct an accessory gazage to serve their residence at 1059 N Western. 3. The use is not inconsistent with the provisions of the cornprehensive plan. 4. The code provides that an application for rezoning must be accompanied by a consent petition of the owners of two thirds of the properties within 100 feet of the properry to be rezoned. Twelve signatures were required. Twelve were received. STAFF RECOMIVIENbATION: SYaff recommends approval of the rezoning of 395 W Cook from R-4 to B-1. • • ol - ► b�� PETITiON TO AMEND THE ZONING CODE Department of Planning and Economic Development Zonirzg Section I400 City Hall Arcnex 25 West Fourth Street Saint PauI, MN SSIO2-I634 (65I) 266-6589 APPLICANT • PROPERTY LOCATION Property Owner_�(; Address !�� ,4 city C- Contact Person (if differe Address / Location 3` Legai Description 7`*OLC a O `� z�C -1, (attach additional sheet if /t't,�� zin 55/ i> �� t � t� � Current Zoning ��` �saga3ay TO THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, LI S A L. ��A�'H� , owner of land proposed for rezoning, hereby petitions you to rezone the above described property from a '�� zonin district to a �—� zoning district, for the purpose of: �a� Ln�Fi � �� ''�'� � V�� . � T�� o � rY�s� f,i/��cN I��'s -'�� F��cr- � s [nc� o�.c t S ��s� 0�2 �,�� . 1 s�� S (attach additionat sheet(s) if necessary) Attachments: Required Site Plan ❑ Subscribed and sworn to before me this -�c ��`'� da Y of c �L-�-+'`�— , 20�. �> �� ;� Notary Pu li �r�� 3� �� C vZ�'+�Vat�- �c.r Zonin � sg� / y� niy - :� File �✓� ". � 7 -` � = � Fee: ' � �� :. . °: . -v-rr Tentative Hearing Date: _. �-t�-� 1 -; � /U 5�r Gc�s+�� C„z� �-� �.� Consent Petition ❑ �iL �dE Affidavit ❑ Fee Owner of Pro�6erty Title: OL� i `�' _ r , F,`� 0 l — � �O�S� a` .�- ' � ' SHERPo ANN HALDORSON G �`�'� tp �� NOTARYPUBLIC•►9NNESO7A � I i.!�„Dt MYCOMMiSStON pageti of,_ EXPIRES JAN. 31, 2005 �f�c�z or s��nT�r Pa.urJ CONSENT OF ADJOJNIi�TG.PROPERTY OWNERS FOR A I2�.ZONX1VCr' ' � �Vc, thc undersigned, owners of the proper[y within 100 feet of the total contiguous dcscription of real cstate owned, purcliased, or sold by THE PETITIONER within one year prcccding the date of this petition acknowledge tliat we havc Ucen presented �vith the foliowing: 1. Acopyofthcpctitionof �y'}v (name ofpetitioner), to rczone tlie property located at '�q� �A� .�o � from a I�ES , zoning district to a� � zoning district. 2_ A cor�; o; sections � - �j throu _._� S��_, incl:isive of the Saint Pau] Zonin� Code; ancl acknorvledge that �4�e are a�vare of 11l of the uses pemntted in a�-�, zoning district and we are a�vare that a�iy of these uscs can be establist�ed upon City Council approval of the rezot�ing. \Ve hereb}� cons . the rez , ing of the property in the petition of; � V(., ��}crlc.t�, �-�,w.�____ to a�� Zonin„ dis[rict: (�Iame of petitioner) �',`c cansent to ttie approvnl of ttiis rezoning as it «•as explained to us b}• fhe applica�it o* his,'lier r2p:cscnt�ticc. \ ADI�RESSO::P.i.\..`- REC012DOR'�ER � SIG\A R=_ _J__ UATE / ��-�'�T�'f�.�l� !� �,��; �.� ��--�-�' �/ " ' � /07�- cu��'-.r.� /�� _�e�__ 1b'�5 � lo �� _Q � ,�S• � 3�� e�o.�. av.� /�2 n � ow nrt��;�1 `: �w�� il -- - `:i -- s� . r�.n.� A ri ' , ��: c�_'/7-�� , -r -v � i G :—� �- � ✓ 23 -o� ' (, -Z3 -C�f ) � � ,. �o/ ��,.�.o�l � l��^ cy "4 �� oTe: f iis pe ition shali not be considered as of�� e u i t� «'orking days affer if is recei��ed U�• the Pianning Di��is' i. n}� sig afor wiehdra�ti hislher name therefrom b ��•ritten requesf �r�ithin t t, i /65'� l.i�-� C�cal �(�r( , �pse�df se�e� �7) ttiis petitiop nta� b�� o�l . . . .: ��- .... . .. � , �.,��.c±4: :"..��t`��.�'�`'a'a``�':-a"�f'�-"�' vy . ; a<,is { E +.F S { r 01-1o�S � C� xt�zo��m'G FIRST SUBMTTTED scu� ��cur RESUB�TITTED DATL PETITION SUBMITTED: �� DATE P£TITION RESUBMITTED: T)ATE OFFICIALLY RECEIVED:�' � r �� DATE OFFICIALLY RECEIVED: PARCL"•LS ELIGIBLE: �� • � PARCELS 12EQUIRED: �_ PARCELS SIGNED: / � PARCELS ELIGISLE: PARCE•LS REQUIRED: PARCELS SIGNED: � . CHECIiED BY: � DATE: • _ 7 /r-� � zc��v«� ��L� . , .-_ - - �- . � - P�TITION TO 12EZON� AFFTDA'VIT OF P�"I'ITIOI`ER STATE OF MINNESOTA) :SS COLNTY OF SEY ) . Tlie petitioner, ��11L �- 't-�L"�� , being first dul}' sworn, deposes and states that the consent petition contains siQnatures from at least t�vo-thirds ( of all eligible properties �vithin 100 feet of all property o�vned, purchased, or sold by petitionzr �vithin one (1) year precedin� the date of this petition which is contigiaous to the property described in the petition; petitioner is informed that the consent petition must contain signahires from each and all owners of jointly-owned property in order to constitute consent from that property and that ' failure to obtain consen[ from each and aii owners could invafidafe fhe consent petition; petitioner beliet•es that the consent petition tivas signed b}� each of said owners aad that the signatures are the true and correct si�natures of each and all of the parties so described. RUTH P. STEINWALL NOTARY pUBUC.MW�1A YY CaMOiesan E�int M �t, � t Subscribed and sworn to before me this��day of ,d-h"�� i�a,-��-�,� � . NOTA Y PUBLIC � �UL �-�r K�lF�(� NAME . jo5� L{�� _n I.. ADDRESS �1-1.�� NUMBER Pa;e ( of 1/31/97 � ot -iv�s � • AFFIDAVIT OF PERSON CiRCULATING THE CONSENT PETITION STATE OF MINNESOTA) :SS GOUNTY OF•RAMSEY) -f�V L�.�� wl� , being first duly sworn, deposes and states that he/she is the person 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 immediately before each name; that affiant is informed and believes that each of the parties described on the consent petition is an owner of the property which is within 100 feet of any property owned, purchased, or sold by petitioner within one (1) year preceding the date of this petition which is contiguous to tfie property described in the petition; t ' " � �_t __:� _ :�� ...� �f+ti;r �� +, and that the atures are the true and correct signatures of each and afl of the parties so descr' ed. � j � f Subscribed and sworn to before me this �day of �ul��_ . 2� a � IVHIYIG t �� ,l%� `;7�"! fc /�-r ADDRESS �,)��. TELEPHONE NUMBER �� nrrn,�!ti �s. custsor�ws ,� . � R'OTPRYPUBLIC-MIAMESOTA M1' COMMISSIQN £iCPir�ES JAN.31. 2005 '. Page of � � 1(3l00 ;� ZONING PETITION LIST As requested, attached is a list of all property owners within 100 feet of the property which you are requesting a zoning application. As a condition of your application, you are required to submit with your application a consent petition signed by a muumum two-thirds of ali the property owners within 100 feet on the attached Iist. Only persons Iisted as "fee otimer" or "homesteader" are eligible to sign yonr petition. Persons Iisted as "taxpayer" are not eligible to sign your petition s'mce they do not have full ocvnership of the properiy. A properiy oLVner may sign the petition as many tunes as they are listed as an otvner cvithin 100 feet. Only one signature per property is counted as an eli�ible si�ner of the pe[i[ion. Also attached are the petition form, affidavit, and application materials. '�+ total properties are within 100 feet of the property for zoninQ action 2nd eli�ible to sign your petition. �� total signatures are required for a minimum two-thirds consent and a sufficient petition to proceed with your zonin� application. Please return this list alon� with the original petition form, affida�•it, applicztion anc� any additionai supportin� information and material that is par[ of your applicatioa. Itezoning petitions must be received and held in the Zoning office 7 working da}'s prior to any application cut-off date. If you have questions about this list or any questions re�arding this process, please caIt the Zonin� office at 266-6589. � • � ��- la?S D[strict 6 Ptanning Counci! � July 25, 2001 Ms. Yang Zhang Dept. of Planning & Economic Development City of St. Paul 25 W. 4th St. St. Paui, MN 55102 Dear Ms. Zhang: - _ �.. � �1061 Rice St. Paul, MN 55117 Phone 651 488-4485 Fax 651 488-0343 The District 6 Planning Council received a request from Lisa & Paul Kamp to rezone the property located at 395 W. Cook from R-4 (single family dweiling) to B-1 (locai business) to allow the construction of a garage. � On Tussday, July 24, 2001 the Land Use Task Force of the District 6 Planning Council approved this request. If you have any questions, please cail me at 651-488-4485. Executive � � � 1. SUNRAY•BATTLECREEK•HIGHWOOD 2. HAZEL PARK HADEN-PROSPERITY HILLCREST 3. WEST SID$ 4. DAYTON'S $LUFF 8. 9. l0. 11. 12. 13. 14. 15: ifi. 17. NORTFi END _- - TKOMAS-DAI,E SLTMMIT LINI'YERSITY - � WFST SEVE2�11�i COMO HAIvfLINE-MIDWAY . ST. AN.CHONY PARK MERRIAM PARK-LEXII�iGTON HAMI.INE-SNELLING T-LAML�E MACALESTER GROVEIAND HIGFiI.AND SUMMfT HILL AOWNTOWN � . � t'�`� � .� CITIZEN PARTICIPATTON PZANNING DISTRTCTS � nI-fo�5 NORTH END DISTRICT 6 . �� - - �, � -037 ��,2c�f J �� o � �-- I o � � o� o , � o 0 � �-- Q -o- _ o _ - � o---- _o� _-- _ 0 0 , � 0 �-- ` �_'_--h U �-J-- C ,� � . 0 a-� n � z 'a � .F � � o � r� J < � a o ; � ° `� I � � � � � � --�- . �� -c�-- �;---�- C•7 C n � � • �� •� � 0� • � or•� . � �� . . � �� d�Wr _._ , --._�......._. - - ` APPLICANT � EGEND � PURPOSE �' � \ "" �'°'� zoning district boundary FILE �� 1" DATE � J�� subject propeny �" onh"' PLNG. DIST�_ MAP � o one famiiy • �^ commerc ` ��,.� ¢ two tamily � ..., industrial SCA`�'�.� 0' r:�.� � multiple family Y v2U_nt ..._ ---..... � Q L`_ �- � r � �R(GI�IA�. Council File # A � — 1015 Ordinance # Green Sheet # �t3 � � 5 ORDINANCE OF SAtNT PAUL, MINNESOTA Presented By Referred To Committee: Date C �. 1 An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of 2 Saint Paui and the zoning maps thereof. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WF3EREAS, Pursuant to Minnesota Statutes 462.357 and 64.400 ofthe Legislative Code, Lisa Kamp duly petitioned to rezone property at 395 W Cook Avenue being legally described as Lots 19 & 20, Block 1, Holcombe's subdivision of lots 70 to 75 inclusive of Willan and Heywazds outlots to St. Paul, NIN (PIN# 25- 29-23-24-0003), from R-4 (single-family residential) to B-1 (local business) to allow for combining it with an adjacent B-1 zoned parcel in order to construct an accessory garage £or the residence on the adjacent B-i zoned parcel; the petition having been certified by the Planning Division on July 11, 2001 as hauing been consented to by at least 67% of the owners of the area of the property to be rezoned, and further having been consented to by at least two-thirds of the owners of the property situated within 100 feet of the total contiguous property within one year proceeding the date of the petition; and WfIEREAS, The Zoning Committee of the Planning Commission on August 16, 2001, held a public hearing for the purpose of considering the rezoning petition, and pursuant to { 107.03 of the Administrative Code, submitted its recommendation to the Planning Commission that the petition be granted; and WI�REAS, The Planning Commission considered the rezoning petition at its meeting held on August 24, 2001, and recommended that the City Council approve the petition; and WI�REAS, notice of public heazing before the City Council on the said rezoning petition was duly published in the officiai newspaper of the City on 09l04/�l and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet of the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on September 19, 2001, where all interested parties were heard, the Council having considered all the facts and recommendations concerning the petition; now, therefore THE COUNCII, OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. 33 That the zoning map of the City of Saint Paul, Sheet Number 12, as incorporated by reference in Section 34 60301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: 35 36 That property located at 395 W Cook Avenue being more particulazly described as: 37 38 Lots 19 & 20, Block 1, Holcombe's subdivision of lots 70 to 75 inclusive of Willdn and Heywazds outlots to 39 St. Paul, MN (PIN# 25-29-23-24-0003) p ,�� s �� 40 � �_� . 41 42 43 44 45 46 47 be and is hereby rezoned from R-4 to B-1. O►..�p.�S Section 2. This ordinance shall take effect and be in force ttnrty (30) days from and after its passage, approval and publication. � � O f Adopted by Council: Date _�� _� 9,0p, t Adoption Certified by Council Secretary � _ \ '_� •,, . _ �_ _ �li � // � �� / �" , ��//� Plannin & conomic Develo�ment By: � Form Apg�ove � City Attorney sy: y".�e � _Z 4_ � Approv by Mayor for Submission to Council Sy : -_-- [ ��.t� PtlBLlSHED It � � DEPARTMENT/OFFICE/COUNCIL: PED CO�VTACT PERSON & PAOh"E: 'Yang Zhang (6-6659) MiJST BE ON COUNCII. AGENDA BY (D:1TL� As soon as possible DATE INTTIATED Gg�EN SFIEET September 20, 2001 y\T1W/DATE � 2 DEPAItT[vtENT D ASS[GN 3 C1TY ATTORNEY f't l.ti—ct { NIJMBER FINANCIAL SERV DIl2. FOR 4 MAYOR (OR ASS?.)� ROUTIVG ORDER No.: 113115 Q `� `�� 4�7IIALAATE s crrr cov�'cn, CILY CLERK FINAa�'CIAL SER4/ACCTG 1 Sean ICnsluw L i( ( TOTAL # OF SIGNA'LURE PAGFS _i_(CLIP ALL LOCATIOPS FOR Acrio� xEQUesrEn: Adoption of rezoning ordinance RECOMMENDATIONS: Approve (A) or Reject (R) pLANNNG COMMISSION CIB COMMPCfEE CIVIL SERVICE WMMISSION PERSONAL SERVICE CONTRACfS bNST ANSWER THE FOLLOWLVG QUF.STIO\S: 1. Hasthispersodfumeverworkedunderacrontractforthisdepaztment? . Yes No 2. Has titis person�fum e�'a been a ciTy employee? � Yes No 3. Does this pe�odfum possess a ski11 nM no}mally possessed by any current riTy emp�%ee? Yes No gxplain all yes answen on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OYPORTUNII'P (Who, Wha0. Whe�, Where, Nhy): Adopt an ordinance to finalize council approval of a petition of Lisa ICamp to rezone property located at 395 W Cook Avenue from R-4 to B-1 (public hearing held 9l19/20Q 1) . ADVANTAGESIFAPPROVED: Property will be rezoned and the applicant can construct a gazage that serves the grocery store and residence on the adjacent parcei. D[SADVANTAGESIFAPPROVED: None DISADVANTAGES IF NOT APPROVED: Land in question will remain vacant. Without a garage, there will be more on-street parking on neighborhood streets. TOTAL AMOUNT OF TRANSACTION: S 0 FUNDIi�''G 50URCE: FINANCL4L INFORMATION: (EXPLAI� �Si.6 � ��3Q1 COST/REVENUE BUDGETED: ACTIVITY NUMBER: SEP � 4 2001 CtTV ATTORNEY _ __ _ _ _ � _ _� ____ ______ _ _ __v _ _ _ - - _ Nancg - 0� 214037anderson memo confirming ,_ „_ Page 1_ _�_.�__n ___.�,_.�__�_w ... __.._..,,__ ..._. _.._ __ .. .., _ ... __a _.... _. c�i-1o�5 DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT CITY OF SAINT PAUL Noim Coleman, Mayor August 24, 2001 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Division of Planning 25 West Fourth SYreet Saint Paul, MN 55f02 Sa- • �y`�I • NOTICE OF PUBLIC HEARII�G The Saint Paul City Councll wiIl cbn- duct a public hearing on Wednesdap. September 19. ?A01, at 5:30 p.m. in the City Councii Cl�ambers. "I9�3rd FZoor CI�Y Eiall-Courthouse, 15 West Kellogg Boulevazd, Saint Paul, MN, to consider the application of Lisa Kamp to rezone proper ty from R-4 (sitigle-famlly,,�'esidentiai) t° B' 1 pocal business) to a11ow for comb3ning with an adjacent B-1 wned pazcel in oTder to construct an accessory gaiage for the residence at 395 West Cook Avenue. Dated: August 29, 20Q1, .'NANCYAL$DERSON --; �. AssSStant Clty Council Secretac9 � . fsev+�mber kl I would Iike to confirm that a public hearing before the City Council is scheduled for Wednesday September 19, 2001, for the following zoning case: Applicant: Lisa Kamp File Number: #01-214-037 Purpose: Rezone property from R-4 (single-family residential) to B-1 (local business) to allow for combining it with an adjacent B-1 zoned parcel in order to construct a� accessory garage for the residence on the adjacent B-1 zoned parcel. Address: 395 W Cook Avenue Legal Description of Property: Lots 19 & 20, Btock 1, Holcombe's subdivision of lots 70 to 75 inclusive of Wilkin and Heywards outlots to St. Paul, MN (PIN# 25-29-23-24-0003) Previous Action: Zoning Committee Recommendation: Approval; vote: 5-0; August 16, 2001 Planning Commission Decision: Approval; una�imous vote; Augast 24, 2001 My understanding is that this public hearing request wiii appear on the agenda for the September 5, 2001 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6659 ifi you have any questions. Sincerely, Yang Zhang _ _ __. _ � _ _ � _ __ _ _ Nancy Anderson - 01214037anderson memo confirming pubhrg,wpd _ _ _ Page 2 DEPARTMENT OF PLA.NIVING & ECONOMIC DEVEIAP�fENT �t r1 U CITY OF SAII�IT PAUL Norm Coteman, Mayor D�msiort afPlanning 25 WestFourth Street Sa+nt Paul, MN 55101 Telephane: 61 2-266 65 65 Facsimile: 612-228-3314 . August 30, 2001 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 Re: Zoning File #01-214-037 Applicant: Lisa Kamp City Council Hearing: September 19, 2001, 5:30 p.m. to 6:30 p.m., City Council Chasnbers Purpose: Rezoning properry at 395 W Cook Avenue from R-4 (single-famIly residential) to B-1 (local business) to allow for combinuig it with an adjacent B-1 zoned parcel in order to construct an accessory garage for the residence on the adjacent B-1 zoned parcel. Plaminig Commission Recommendation: Approve, vote: Unanimous. Zoning Committee Recommendation: Approve, vote: 5- 0. Staff Recommendation: Approve. Support: None. Opposition: None. District Council: The District 6 Community Council voted in support of the rezoning. Dear Ms. Anderson: This rezoning application is scheduled to be heard by the City Council on September 19, 2001. Please notify me (266-6659) if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, ��/� — CJ� Yang Zhang City Planner cc City Council members � OI-lb�,s � city of saint paul planning commission resolution file number oi-�2 date Au ?4, zoo� WHER�AS, Lisa Kamp, File #01-214-037, has petitioned underthe provisions of §64.400 of the Saint Paul Legislative Code, to rezone property located at 395 W. Cook, between Western and Cumberland, from R-4 to B-1 to allow for combining it with an adjacent B-1 zoned parcel in order to construct an accessory garage for the residence on the adjacent B-1 zoned parcel; and WHEREAS, the Zoning Committee of the Planning Commission, on August 16, 2001, held a public hearing at which all persons present were given an opportunity to be . heard pursuant to"said application in accordance with the requirements of §64.300 of � the Saint Paul Legislative Code; and W NEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially refilected in the minutes, made the following findings of fact: • 1. 7he applicant has requested that the vacant lot they own at 395 W Cook be rezoned from R-4 to B-1 in order to construct a garage. The lot has been vacant since 1989, and is used as a backyard to the grocery store(residence to the east, where the applicant and her family work and live. Under Saint Paul's zoning code, an accessory structure must be constructed on the same zoning lot as the primary structure. A rezoning of the lot in question from R-4 to B-1 would be needed in order to join the two parcels. The primary structure was established in i 964 and [s a viable neighborhood business. 2. The proposed rezoning to B-1 is consistent with adjacent B-1 zoning and is a reasonabie provision to allow the applicant to construct an accessory garage to serve their residence at 1059 N Western. 3. The use is not inconsistent with the provisions of the comprehensive plan. moved by Kramer seconded by _ in favor Unanimous � against Zoning File #01 214-037 Planning Commission Resolution Page 2 4. The code provides thaf an appiication for rezoning must be accompanied by a consenf petition of the owners of two thirds of the properties within 100 feet of the property to be rezoned. Twelve signatures were required. Twelve were received. . NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that the petition of Lisa Kamp to rezone property at 395 W. Cook Avenue, legally described as Lots 19 & 20, Block 1, Holcombe's subdivision of lots 70 to 75 inclusive of Wilkin and Heywards outlots to St. Paul, MN, from R-4 to B-9 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 39b W. Cook Avenue be rezoned from R-4 fo B-1 in accordance with the petition for rezoning on file with the Saint Paul Department of Planning and Economic Development. � �J .__ . . u • � Ptav►��n�j C�w„��sSl�� IV. Zoning Committee i � OLD BUSIlVESS !'Y1 � n c�Y'� s Ru9 2�F, �,oa� b1 l �� #O1-213-513 Kao Lee - Change of Nonconforming Use on first floor from commercial to residential units. 561 Thomas, NW corner of Kent & Thomas. (Yang Zhang, 651/266-6659) Commissi,oner Kramer stated a letter was received from District 7 Planning Council in support of the NCUP. No one spoke in support and one party spoke in opposition. The public hearing was closed. The Zoning Committee recommended approvai with four conditions on a vote of 5-0. 1�TOTION: Commissioner Kranrer n:oved tlre Zoning Con:»:ittee's recon:nsendation to approve tlte Nonco�rforn:ing Use Permit for approvir:g t�vo uriits with two bedrooms each, and with son:e off-street parking iit tlte backyard, paved and striped to alloiv for 6-8 cars as wel[ as sosne lanrlscaping. Tke nsotion carried nnaninro[rsly on a voice vnfe. NEW BUSIN�SS #O1-214-037 Lisa Kamn - Application to rezone from R-4 to B-1 to join with adjacent parcel in order to construct an accessory structure. 39 ��. Cook, between Western & Cumberland. (Yang Zhang, 651f266-6654) Commissioner Kramer stated District 6 supports the rezoning. No one spoke in support and no one spoke in opposition. The public hearing was closed. The Zoning Committee recommended approval on a vote of 5-0. MOTION: Commissioner Kramer moved t7ee ZoniHg Co»zn:ittee's recon:n:endatiot: to approve tlte reZOni�tg. TJte motion carried unanimortsly on a voice vote. #O1-215-571 Parkwav Place Housin - Rezone from B-1 and R-4 to RM-2 for the purpose of developing and operating an apartment project containing a minimum oi 114 apartments for senior residents (over 55 years of age) and related activities. Area bounded by Hudson Road, Frank, alley soufh of Wilson and Johnson Parkway, plus five(5) lots on the north side of Wilson and five(5) lots on the south side of Wilson east of Frank. (Patricia James, 651/266-6639) Commissioner Kramer stated District 4 supports the rezoning. No one spoke in support and one party spoke in opposition. The public hearing was closed. The Zoning Conunittee recommended approval on a vote of 5-0. MOTION: Conzmissiorser I�ranzer rtzoved The Zoning Committee's recomrnendadmz to approve the rezo�aing. The motior: carried unanimously on a voice vote. #O1-216330 Clear Channel Outcloor Inc - Appeal to the Planning Commission of order issued by the office of LIEP to remove the billboard due to damage to structurat parts. Replacement of structural parts is protiibited by the West Side Special Sign Districf. ��Vabasha Street, unaddressed parcel near 215 S. Wabasha.. (Larry Soderl�olm, 651/266-6575) 2 MINUTES OF THE ZONING COMMITTEE Thursday, August 16, 2001 - 3:30 p.m. City Council Chambers, 3' Floor City Hall and Court House 15 West Kellogg Boulevard PRESENT: EXCUSED: Anfang, Faricy, Kramer, Mejia, and Morton Aiton, Field, and Gordon OTHERS PRESENT: Caroi Martineau, Allan Torstenson, Yang Zhang of PE The meeting was chaired by Commissioner Kramer. Lisa Kamp - 01-214-037 - Application to rezone from R-4 to B-1 to join with adjacent parcel in order to construct an accessory structure. 395 W. Cook, between Western & Cumberland Yang Zhang show�e al ioftherezoning nted the staff report. Ms. Zhang stated the zoning staff recommends app Mr. Paul Kamp, the applicant appeared and explained thaf there is a one-car garage attached to the store which is used for the business. They need an addition garage to accommodate their personal needs. No one spoke in support or opposition. The hearing was closed. Commissioner Morton moved approvai of the staff recommendation. Commissioner Mejia seconded it. The motion passed by a vote of 5-0. Adopted Yeas - 5 Drafted by: �W` � Carol Martineau Recording Secretary Nays - 0 Submitted by: Yang Zhang Zoning Section n U • Approved by: � � �� ichard Kram r Chair • o� - io�S � A. • B. C. • ZONING COMIVIITTEE ST,AFF REPORT FILE # O1-214-037 APPLICANT: Lisa Kamp HEARING DATE: August 16, 2001 1. TYPE OF APPLICATTON: Rezoning 2. LOCATIOI�T: 395 W Cook Ave.; between Western Ave. and C�inberland St. 4. LEGAL DESCRIPTION: Lots 19 Rc 20, Block 1, Holcombe's subdivision of lots 70 to 75 inclusive of Willdn and Heywards outlots to St. Paul, MI3 5. PLANNING DISTRICT: 6 PRESENT ZOIVING: R-4 6. ZONING CODE REFERENCE: 64.400 7. STAFF REPORT DATE: August 9, 2001 BY: Yang Zhang 8. DATE RECEIVED: June 28, 2001 DEADLINE FOR ACTION: September 6, 2001 PUT2POSE: Rezone from R-4 to B-1 to allow for combining it with an adjacent B-1 zoned parcel in order to construct an accessory garage for the residence on the adjacent B-1 zoned parcel.. PARCEL SIZE: 61 ft on Cook by 117 ft = 7,020 sq. ft. EXISTING LAND USE: Vacant space, serving as a backyard to the grocery store and residence to the east. D. SURROUNDING LAND USE: North: Single family residential, zoned R-4 South: Single family residential, zoned R-4 East: Grocery store, zoned B-1 West: Single family residential, zoned R-4 E. ZONiNG CODE CITATION: Secfion 64.400(a) of the zoning code states in part, "the council may, from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed." Section 64.400(b) states in part, "an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned." F. HISTORY/DISCUSSION: No history. G. DISTRICT COIINCIL RECONIlVI��NDATION: District 6 voted on July 24, 2001, to support the rezoning. � Zoning File #01-214-037 Page 2 H. FINDINGS: � 1. The applicant has requested that the vacant lot they own at 395 W Cook be rezoned from R-4 to B-1 in order to construct a gazage. The lot has been vacant since I989, and is used as a backyard to the grocery store/residence to the east, where the applicant and her family work and live. The grocery storehesidence currently has no gazage. Under Saint Paul's zoning code, an accessory structure must be constructed on tfie same zoning lot as the primary structure. A rezoning of the loY in quesrion from R-4 to B-1 would be needed in order to join the two pazcels. The priu�ary structure was established in 1964 and is a viable neighborhood business. 2. The proposed rezoning to B-1 is consistent with adjacent B-1 zoning and is a reasonable provision to allow the applicant to construct an accessory gazage to serve their residence at 1059 N Western. 3. The use is not inconsistent with the provisions of the cornprehensive plan. 4. The code provides that an application for rezoning must be accompanied by a consent petition of the owners of two thirds of the properties within 100 feet of the properry to be rezoned. Twelve signatures were required. Twelve were received. STAFF RECOMIVIENbATION: SYaff recommends approval of the rezoning of 395 W Cook from R-4 to B-1. • • ol - ► b�� PETITiON TO AMEND THE ZONING CODE Department of Planning and Economic Development Zonirzg Section I400 City Hall Arcnex 25 West Fourth Street Saint PauI, MN SSIO2-I634 (65I) 266-6589 APPLICANT • PROPERTY LOCATION Property Owner_�(; Address !�� ,4 city C- Contact Person (if differe Address / Location 3` Legai Description 7`*OLC a O `� z�C -1, (attach additional sheet if /t't,�� zin 55/ i> �� t � t� � Current Zoning ��` �saga3ay TO THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, LI S A L. ��A�'H� , owner of land proposed for rezoning, hereby petitions you to rezone the above described property from a '�� zonin district to a �—� zoning district, for the purpose of: �a� Ln�Fi � �� ''�'� � V�� . � T�� o � rY�s� f,i/��cN I��'s -'�� F��cr- � s [nc� o�.c t S ��s� 0�2 �,�� . 1 s�� S (attach additionat sheet(s) if necessary) Attachments: Required Site Plan ❑ Subscribed and sworn to before me this -�c ��`'� da Y of c �L-�-+'`�— , 20�. �> �� ;� Notary Pu li �r�� 3� �� C vZ�'+�Vat�- �c.r Zonin � sg� / y� niy - :� File �✓� ". � 7 -` � = � Fee: ' � �� :. . °: . -v-rr Tentative Hearing Date: _. �-t�-� 1 -; � /U 5�r Gc�s+�� C„z� �-� �.� Consent Petition ❑ �iL �dE Affidavit ❑ Fee Owner of Pro�6erty Title: OL� i `�' _ r , F,`� 0 l — � �O�S� a` .�- ' � ' SHERPo ANN HALDORSON G �`�'� tp �� NOTARYPUBLIC•►9NNESO7A � I i.!�„Dt MYCOMMiSStON pageti of,_ EXPIRES JAN. 31, 2005 �f�c�z or s��nT�r Pa.urJ CONSENT OF ADJOJNIi�TG.PROPERTY OWNERS FOR A I2�.ZONX1VCr' ' � �Vc, thc undersigned, owners of the proper[y within 100 feet of the total contiguous dcscription of real cstate owned, purcliased, or sold by THE PETITIONER within one year prcccding the date of this petition acknowledge tliat we havc Ucen presented �vith the foliowing: 1. Acopyofthcpctitionof �y'}v (name ofpetitioner), to rczone tlie property located at '�q� �A� .�o � from a I�ES , zoning district to a� � zoning district. 2_ A cor�; o; sections � - �j throu _._� S��_, incl:isive of the Saint Pau] Zonin� Code; ancl acknorvledge that �4�e are a�vare of 11l of the uses pemntted in a�-�, zoning district and we are a�vare that a�iy of these uscs can be establist�ed upon City Council approval of the rezot�ing. \Ve hereb}� cons . the rez , ing of the property in the petition of; � V(., ��}crlc.t�, �-�,w.�____ to a�� Zonin„ dis[rict: (�Iame of petitioner) �',`c cansent to ttie approvnl of ttiis rezoning as it «•as explained to us b}• fhe applica�it o* his,'lier r2p:cscnt�ticc. \ ADI�RESSO::P.i.\..`- REC012DOR'�ER � SIG\A R=_ _J__ UATE / ��-�'�T�'f�.�l� !� �,��; �.� ��--�-�' �/ " ' � /07�- cu��'-.r.� /�� _�e�__ 1b'�5 � lo �� _Q � ,�S• � 3�� e�o.�. av.� /�2 n � ow nrt��;�1 `: �w�� il -- - `:i -- s� . r�.n.� A ri ' , ��: c�_'/7-�� , -r -v � i G :—� �- � ✓ 23 -o� ' (, -Z3 -C�f ) � � ,. �o/ ��,.�.o�l � l��^ cy "4 �� oTe: f iis pe ition shali not be considered as of�� e u i t� «'orking days affer if is recei��ed U�• the Pianning Di��is' i. n}� sig afor wiehdra�ti hislher name therefrom b ��•ritten requesf �r�ithin t t, i /65'� l.i�-� C�cal �(�r( , �pse�df se�e� �7) ttiis petitiop nta� b�� o�l . . . .: ��- .... . .. � , �.,��.c±4: :"..��t`��.�'�`'a'a``�':-a"�f'�-"�' vy . ; a<,is { E +.F S { r 01-1o�S � C� xt�zo��m'G FIRST SUBMTTTED scu� ��cur RESUB�TITTED DATL PETITION SUBMITTED: �� DATE P£TITION RESUBMITTED: T)ATE OFFICIALLY RECEIVED:�' � r �� DATE OFFICIALLY RECEIVED: PARCL"•LS ELIGIBLE: �� • � PARCELS 12EQUIRED: �_ PARCELS SIGNED: / � PARCELS ELIGISLE: PARCE•LS REQUIRED: PARCELS SIGNED: � . CHECIiED BY: � DATE: • _ 7 /r-� � zc��v«� ��L� . , .-_ - - �- . � - P�TITION TO 12EZON� AFFTDA'VIT OF P�"I'ITIOI`ER STATE OF MINNESOTA) :SS COLNTY OF SEY ) . Tlie petitioner, ��11L �- 't-�L"�� , being first dul}' sworn, deposes and states that the consent petition contains siQnatures from at least t�vo-thirds ( of all eligible properties �vithin 100 feet of all property o�vned, purchased, or sold by petitionzr �vithin one (1) year precedin� the date of this petition which is contigiaous to the property described in the petition; petitioner is informed that the consent petition must contain signahires from each and all owners of jointly-owned property in order to constitute consent from that property and that ' failure to obtain consen[ from each and aii owners could invafidafe fhe consent petition; petitioner beliet•es that the consent petition tivas signed b}� each of said owners aad that the signatures are the true and correct si�natures of each and all of the parties so described. RUTH P. STEINWALL NOTARY pUBUC.MW�1A YY CaMOiesan E�int M �t, � t Subscribed and sworn to before me this��day of ,d-h"�� i�a,-��-�,� � . NOTA Y PUBLIC � �UL �-�r K�lF�(� NAME . jo5� L{�� _n I.. ADDRESS �1-1.�� NUMBER Pa;e ( of 1/31/97 � ot -iv�s � • AFFIDAVIT OF PERSON CiRCULATING THE CONSENT PETITION STATE OF MINNESOTA) :SS GOUNTY OF•RAMSEY) -f�V L�.�� wl� , being first duly sworn, deposes and states that he/she is the person 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 immediately before each name; that affiant is informed and believes that each of the parties described on the consent petition is an owner of the property which is within 100 feet of any property owned, purchased, or sold by petitioner within one (1) year preceding the date of this petition which is contiguous to tfie property described in the petition; t ' " � �_t __:� _ :�� ...� �f+ti;r �� +, and that the atures are the true and correct signatures of each and afl of the parties so descr' ed. � j � f Subscribed and sworn to before me this �day of �ul��_ . 2� a � IVHIYIG t �� ,l%� `;7�"! fc /�-r ADDRESS �,)��. TELEPHONE NUMBER �� nrrn,�!ti �s. custsor�ws ,� . � R'OTPRYPUBLIC-MIAMESOTA M1' COMMISSIQN £iCPir�ES JAN.31. 2005 '. Page of � � 1(3l00 ;� ZONING PETITION LIST As requested, attached is a list of all property owners within 100 feet of the property which you are requesting a zoning application. As a condition of your application, you are required to submit with your application a consent petition signed by a muumum two-thirds of ali the property owners within 100 feet on the attached Iist. Only persons Iisted as "fee otimer" or "homesteader" are eligible to sign yonr petition. Persons Iisted as "taxpayer" are not eligible to sign your petition s'mce they do not have full ocvnership of the properiy. A properiy oLVner may sign the petition as many tunes as they are listed as an otvner cvithin 100 feet. Only one signature per property is counted as an eli�ible si�ner of the pe[i[ion. Also attached are the petition form, affidavit, and application materials. '�+ total properties are within 100 feet of the property for zoninQ action 2nd eli�ible to sign your petition. �� total signatures are required for a minimum two-thirds consent and a sufficient petition to proceed with your zonin� application. Please return this list alon� with the original petition form, affida�•it, applicztion anc� any additionai supportin� information and material that is par[ of your applicatioa. Itezoning petitions must be received and held in the Zoning office 7 working da}'s prior to any application cut-off date. If you have questions about this list or any questions re�arding this process, please caIt the Zonin� office at 266-6589. � • � ��- la?S D[strict 6 Ptanning Counci! � July 25, 2001 Ms. Yang Zhang Dept. of Planning & Economic Development City of St. Paul 25 W. 4th St. St. Paui, MN 55102 Dear Ms. Zhang: - _ �.. � �1061 Rice St. Paul, MN 55117 Phone 651 488-4485 Fax 651 488-0343 The District 6 Planning Council received a request from Lisa & Paul Kamp to rezone the property located at 395 W. Cook from R-4 (single family dweiling) to B-1 (locai business) to allow the construction of a garage. � On Tussday, July 24, 2001 the Land Use Task Force of the District 6 Planning Council approved this request. If you have any questions, please cail me at 651-488-4485. Executive � � � 1. SUNRAY•BATTLECREEK•HIGHWOOD 2. HAZEL PARK HADEN-PROSPERITY HILLCREST 3. WEST SID$ 4. DAYTON'S $LUFF 8. 9. l0. 11. 12. 13. 14. 15: ifi. 17. NORTFi END _- - TKOMAS-DAI,E SLTMMIT LINI'YERSITY - � WFST SEVE2�11�i COMO HAIvfLINE-MIDWAY . ST. AN.CHONY PARK MERRIAM PARK-LEXII�iGTON HAMI.INE-SNELLING T-LAML�E MACALESTER GROVEIAND HIGFiI.AND SUMMfT HILL AOWNTOWN � . � t'�`� � .� CITIZEN PARTICIPATTON PZANNING DISTRTCTS � nI-fo�5 NORTH END DISTRICT 6 . �� - - �, � -037 ��,2c�f J �� o � �-- I o � � o� o , � o 0 � �-- Q -o- _ o _ - � o---- _o� _-- _ 0 0 , � 0 �-- ` �_'_--h U �-J-- C ,� � . 0 a-� n � z 'a � .F � � o � r� J < � a o ; � ° `� I � � � � � � --�- . �� -c�-- �;---�- C•7 C n � � • �� •� � 0� • � or•� . � �� . . � �� d�Wr _._ , --._�......._. - - ` APPLICANT � EGEND � PURPOSE �' � \ "" �'°'� zoning district boundary FILE �� 1" DATE � J�� subject propeny �" onh"' PLNG. DIST�_ MAP � o one famiiy • �^ commerc ` ��,.� ¢ two tamily � ..., industrial SCA`�'�.� 0' r:�.� � multiple family Y v2U_nt ..._ ---..... � Q L`_ �- � r �