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01-739cR��N�� Presented By Ordinance # Green Sheet # , �0 �:03 ORDINANCE OF 2 0 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Referred To PAUL, MINNESOTA 3� Council File # �� ` Committee: Date An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City_ of Saint Paul and the zoning maps thereof: WHEREAS, Pursuant to Minnesota Statutes §462357 and §64.400 of the Legislative Code, W. R. Herman duly petitioned to rezone 1812 PORTLAND AVENUE being legally described as West Haif of Lot 11 and all of Lot 12, Block 7, Egbert G. Handy's Addition to the City of Saint Paul from RT-1 to RT-2 to allow conversion of a duplex to a triplex, the petition having been certified by the Planning Division on May 3, 2001, as having been consented to by at least 67 percent of the owners of the area 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 properry within one year preceding the date of the petifion; and WHEREAS, the Zoning Committee of the Plamiing Commission held a public hearing on May 31, 2001, 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 WHEREAS, the Planning Commission considered the rezoning pefition at its meeting held on June 8, 2001, and recommended that the City Council approve the petition; and WHEREAS, notice of public heazing before the City Council on said rezoning petition was duly pubiished in the official newspaper of the City on June 14, 2001, and nofices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet or the property sought to be rezoned; and WHEREAS, a public heazing before the City Council having been conducted on June 27, 2001, at which ali interested parties were given an opportunity to be heard, the Council having considered all the facts and recommendations concerning the petition; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l. 32 That the zoning map of the City of Saint Paul, Sheet Number 18, as incorporated by reference in §60301 of 33 the Saint Paul Legislative Code, as amended, is hereby further amended as follows: 34 PIJBLISFI� 36 �at the properry at 1812 PORTLAND AVENLTE, being more particulazly described as: �� Alb 2 37 West Ha1f of Lot 11 and all of Lot 12, Block 7, Egbert G. Handy's Addition to the City of Saint Paul 38 ,/ 39 40 41 42 43 44 be and is hereby rezoned from RT-1 to RT-2. o�� I�/� I 0 L-1 � �V /�L '�� Section 2. This ordinance shall take effect and be in force tluriy (30) days from and after its passage, approval and publication. Requested by Department of: Planni �e� m'C el e t 0 BY , 0 Approved by Financial Service B �� Adopted by Council: Date �<;O \ Adoption Certified by Council Sec tary 8,.: � - � . A Approved by Mayor: Date �O �� By: `L �� " '" � Form Approved by City Attorney a �� I.�U� l�• ��4�C,.LL7 Approved by Mayor for Sibmissi n to Council By: � � q� 23'� DEPARTMENT/OFFICE/COUNCIL: DATE INITTATED GREEN SHEET No.• 110203 PED - VJest Team 29 June 2001 ' 6�—�1 � CONTACT PERSON & PHONE: RNITTAL/DATE NIITGII✓DATE Donna Drummond 266-6556 � 2 n�rna�rn�nrr nm � s cirY covtacn. MUST BE ON COUNCII, AGENDA BY (DATE) �IGN 3 CITY ATTORNEY� _ CITY CLERK �� MJMBER FINANCIAi. SERV DIR = FINANCIAI. SERV/ACCCG gpg 4 MAYOR (OR ASST.) CIVQ. SERVICE COD�IIvIISSION BOIITING �TEAM�� 6 2 C ( ORDER TOTAL # OF SIGNATORE PAGES _1_(CLIP ALL LOCATIONS FOR SIGNATORE) acrtox x�Qt�srEV: Adopt ordinance rezoning 1812 Portland Avenue per City Council Public Hearing June 27, 2001 RECOIvfMENDA7TONS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTRACIS MI7ST ANSWER TfiE FOLLOWING QUESTIONS: A_ PLANNING COMIvIISSION 1. Has this person/ficm ever worked under a wntract for this depazhnent? CIB COMNIITI'EE Yes No CML SERVICE COMIvIISSION 2. Has this person/fimi ever been a ciry employee? Yes No 3. Does this person/fvm possess a sldll not noimally possessed by any cunent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet INPffATTNG PROBLEM, ISSUE, OPPORTUNIT'N (Who, What, When, Where, Why): Petition to rezone submitted by W. R. Herman. Planning Commission recommends approval; City Council voted to approve after public hearing on June 27, 2001 �� T anvarvTncES � arrxovEn. Implements City Council decision ��t,gC R �4C� i Ji;'L �. i �� DISADVANTAGES IF APPROVED: N011O DISADVANTAGES IF NOT APPROVED: Cl� COUT1C11 dCC1S10II W1II IIOt UE 1TY1p1e1T1CIltCd r TOTAL AMOi7NY' OF IRANSACTION: S COST/REVEN[IE BUDGETED: FONDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPI.AIN) K:VSharaMedVAMESAdmin poliuu & BmlerplazuVSample Fmms\01188590 Hmvan ard�vance ge¢n sM1mwpd DEPARTMENTOFPLANNING & ECONOMIC DEVELOPMENT Brian Sweeney, Directar CTTY OF SAINT PAUL Norm Coleman, Mayor Jllile $, 2.��1 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Deaz Ms. Anderson: 15 N'est Fourth Street Saini Paul, MN 55702 o�-�3q � Te[ephone: 611-2666655 Facsunile: 612d28-3374 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, June 27, 2001, 530 pm. for the following property rezoning that has been acted upon by the Planning Commission: Applicant: W. R. HERMAN File Ntunber: #O1-188-590 Purpose: Rezone property from RT-1 (Two Family Residential District) to RT-2 (Townhouse Residenfial Distdct) to allow conversion of a duplex to a triplex. Address: 1812 Portland Ave. (southeast corner at Fairview Ave.). Legal Description of Property: See file. Previous Acrion: Planning Commission Recommendation: Approval, unanimous, June 8, 2001. Zoning Committee Recommendarion: Approval, unanimous, May 31, 2001. My understanding is that this public hearing request will appeaz on the agenda for the June 20, 2001, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6556 if you have any quesrions. Sincerely, �� Donna Drummond Clty PIanllCT cc: File #01-188-590 Allan Torstenson Paul Dubruiel Cazol Martineau W. R. Herman and Angeline Bazetta-Herman _ � �sreuiv � 3 YOTICE�OF.�PfJBI2CHE6RING" -, 'Ihe Saint Paut City"Countll wlli conduct a pukilic�hearing on 4Vedriesday, Jvne 27, 2001,�at5:30 p.m.7CitY,C9�ic1 Cliambers, 3rd FRoor CityHall; to consiiler.Ehe applica- �tion oY W" R�Her,�nan.So-.rezone�pwperty from RT-1 Qbvo-famity Dislrict) r� ur-a �raa.�nou� ��a�,h� visa;�c) � allow cortversion.of a duplex tn a triple2c at 1812 Portland Avenue �(southeast corner at FahviewAvenuej. -- - � - Dated: June 12,�2001 "� ' NANCYANDERSON Assistant City Councii.Secretyry ' (June,14) ' _ "' 81:PAIILIEGAL:_°=••••=•—_ 02U23S59 . : .. � DEPARTMENT OF PLANNING & ECONOMIC DEVfiLOPMENT _ ,� ,� � Brian Sweeney, Direclor 8 � CTTY OF SAINT PAUL Norm Coleman, Muyor JllRC i8� 2�01 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hali Saint Paul, Minnesota 55102 RE: Zoning File #00-188-590 Dear Ms. Anderson: 15West FovrthSveet Telephone:612d66-6655 SairstPaul,MN55102 Faaimile:672-128-33/4 The following rezoning application is scheduled for the City Council's June 27, 2001 public hearing agenda: t. Applicant: W. R. Herman Address: 1812 Portland Avenue Purpose: Rezoning from RT-1 Two-Family Residential District to RT-2 Townhouse Residential District to allow conversion of the duplex to a triplex. Planning Commission Recommendation: Approve, vote: Unanimous, June 8, 2001. Zoning Committee Recommendation: Approve, vote: Unanimous, May 31, 2001. Staff Recommendation: Approve. Public Hearing Support: None. Public Hearing Opposition: One person spoke in opposition. Two letters in opposition (both from the same address) received. District Council: The Merriam Pazk Community Council supports the rezoning. Please notify Patricia James (2b6-6639) if any member of the City Council wishes to have slides of the site presented atthe public hearing. Sincerely, �'w,�.� U �w�-c� Domma Drummond City Planner Attachments ` � cc: City Council members Patricia James 0�-��5 � city of saint paul planning commission resolution file number 0 1-49 date June 8, 2001 WHEREAS, W. R HERMAN, File #O1-188-590, has petitioned under the provisions of §64.400 of the Saint Paul I.egislative Code, to rezone property located at 1812 Portland Avenue, on the southeast corner at Fairview Avenue, from RT-1 to RT-2 to allow conversion of a duplex to a triplex; and WHEREAS, the Zoning Committee of the Planning Commission, on May 31, 2001, held a public hearing at which ai( persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of §64300 of the Saint Paa1 Legisiative Code; and WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: I. The applicants, W. R. Herman and Angeline Barretta-Herman, have requested that the duplex they own at 1812 Portland Ave. be rezoned from RT-I (two-family residential) to RT-2 � (townhouse residential) to allow conversion of the existing family room and bedroom in the basement into a third unit. The structure was built as a duplex, with 3 bedrooms, sunroom, kitchen, and bath on both the first and second floors. The applicants would like to convert the basement into an additional unit for their son, who now lives in the first floor unit. The only changes required to the exterior of the property will be the addition of an egress window and a two stall parking pad next to the existing rivo car gazage. Entrance to the parking is from the alley. 2. The zoning code parking requirement for residentia( uses is 1.5 spaces per unit. 'fhe three units will require 4.5 spaces. In cases where a fractioa of a space is required, up to 0.5, the number is rounded down to the next whole number. Therefore, four spaces are required. With the construction of the two space parking pad and the existing two space gazage, the properiy can provide the required number of spaces. The proposed rezoning to RT-2 is in conformance with the Saint Paul Comprehensive Plan. The City's Housing Plan (1999) encourages the production of 300-400 housing units a year that can be sotd or rented to smaller households. Creating units within existing larger structures is one moved by Kramer seconded by � in favor Unanimous against Zoning File #01-188-590 Planning Commission Resolution Page 2 method that is specifically mentioned (Policy 5.1). T'his rezoning will permit the creation of one additional housing unit in this existing shvcture. 4- The proposed rezoning to RT-2 is consistent and compatible with the way the azea has developed and wi[I not have an adverse unpact on the surrounding area. The property is on the southeast comer of Portland and Fairview Avenues. The other three corners have multi-unit apartment buildings on them and are zoned RM-2 (multi-family residential). The properry directly east is a duplex 5. Duplex and hiplex conversion guidelines for zoning cases have been approved by the Planning Commission to provide guidance for consideration of applications for conversion or development of duplexes and hiplexes. The guidelines for applications to rezone single pazcels to RT-2 for development of or conversion to a triplex aze given below, foilowed by how ttus applicarion meets each guideline. �� a. Lot size ofat least 10,000 square feet This guideline is not met. The lot size of 1812 Portland Ave. is 9,525 sq. ft. b• In the case ofexisting kouses, a gross living area aft¢r completion of the couversion of � at least 2, 700 sq., fL for the tkree units. This guideline is met. Based on Ramsey County tax data, the azea of the structure is 3,320 sq. R. �• Iit tke case of existing houses, four off-street parking spaces (non-stacked) are preferred; tkree spaces are a minimum requirement New triplexes are required to provide four off-street parking spaces. A site plan showing impraved (durable, - d:rstless surjace) parking spaces must be provided This guideline is met. The site plan shows the addition of a two space parlang pad in addition to the existing tv✓o caz garage. homo ene�s s ng[�mily area or t d densi or ___,-. _.. --_- -. d_ The ro e ix ty mixed use neighborhDOd, not in a g � 'n an area where duplexes mtd triplexes are already concentrated to tke point of congesting neig&borhood streets. This guideline is met. The neighborhood is mixed use, but there is not an over concen�ation of dupiexes and h The properiy is on the southeast comer of Fairview and Portland Avenues. There are apartment buildings on the other three comers of this intersection. On both sides of the block of 1812 Portland, there is a mix of single-family and duplex struciures, as indicated by the land use map. During a staff visit to the property, there was available on on both Portlaad.and:Fairview:tivenues. _ -- -- _ � U c� � -� �`1 � Zoning File #O1-188-590 Planning Commission Resolution Page 3 e The uniu must be inspected by the Fire Marshal's Office as part of the Certificate of Occupancy program required for all residential siructures with three or more units. This guideline will be met. The work to convert the unit has not been done. When completed, the building will need to meet all building and housing codes to receive a certificate of occupancy. f. An economic feasibility analysis has been conducted for lhose cases where economic hardship is claimed as one reason for the rezoning request This guideline is not applicable, as economic hardship was not claimed as a reason. 6. The applicant submitted a su�cient petition signed by twathirds of the property owners within one hundred (100) feet of the property to be rezoned (12 paroels eligible, 8 parcels needed, and 9 parcels signed). NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that the petition oF � W. R. Herman to rezone property at 1812 PoRland Avenue, legally described as Egbert G. Handy's Addition to the City of St. Paul, west %: of Lot 11 and all of Lot 12, Block 7, from RT-1 to RT-2 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 1812 PoRland Avenue be rezoned from RT-1 to RT-2 in accordance with the petition for rezoning on file with the Saint Paul Department of Planning and Economic Development. �� p�-'13� � MINUTES OF TtiE ZONING COMMITTEE Thursday, May 31, 2001 - 3:30 p.m. City Council Chambers, 3` Floor City Hatl and Court House 15 West Kellogg Boulevard � PRESENT: EXCUSED: OTHERS PRESENT: Anfang, Alton, Faricy, Gordon, Kramer, Mejia, and Morton Field Peter Wamer Carol Martineau, Ailan Torstenson, Donna Drummond of PED The meeting was chaired by Commissioner Kramer. W. R. Herman - 01-188-590 - Rezone from RT-1 to RT-2 to allow conversion of a duplex to a triplex. 1212 Portland Ave., southeast corner at Fairview Ave. Donna Drummond showed slides and presented the staff report. Ms. Drummond stated two letters of opposition were received from the neighbors Ms. Drummond explained that the revised caiculation for the lot size is eleven-thousand square feet insiead of eight- thousand, eight- hundred square feet as stated in the memo. Ms. Drummond distributed a memo to the Zoning Committee with an additionai recommended finding related to the Planning Commission's dupiex/triplex conversion guidelines. She also stated the Zoning Staff and Merriam Park Community Council recommended approval of the rezoning application. At the question of Commissioner Kramer, Ms. Drummond stated policy 5.1 encourages the production of 300 to 400 housing units a year that can be sold or rented to smailer househoids either new young households, or older empty nests and senior citizen households in both the downtown rivertront area and sites throughout the City. The narrative explains that units could be constructed on a smailer site within each of the City's neighborhoods or created within existing larger siructures. Upon the question of Commissioner Gordon, Ms. Drummond explained that the owners do not reside in the property but the owner's son lives in the first floor unit. Mr. Randy Herman, the applicant appeared and stated there were two tenants on the first floor, three siudents on the second floor, and the basement apartment would be confined to rivo renters. Mr. Herman explained their ultimate plan is to move back into the house when they retire. Ms. Garner,1815 Summit Avenue, appeared in opposition and stated she had concerns about a mixed use neighborhood tilting more toward sium properties. Along Portland there are apartment buildings in disrepair with garbage overflowing the trash bins. There are very few parking spaces and the property values are being adversely affected. She a�so explained that carving up existing duplexes for student housing does not solve the issue of affordable housing. �� Mr. Herman appeared and stated they shared Mr. Garner's concern regarding the balance of the neighborhood. He believes that students are part of the community not separate from it. He aiso explained that he takes pride in his property and they hire someone to cut the lawn, shovel the snow, and remove the trash. The public hearing was closed. 6 Zoning Committee Minutes May 31, 2001 File #: 00-188-590 Page 2 Commissioner Gordon moved approva( of the appiication pursuant to the staf( recomrrtendation with the addi#ional findang recommended by staff. Commissioner Mejia seconded the motion. The motion passed by a vote of 7-0. Adopted Yeas - 7 Drafted by: ^i � Carol Martineau Recording Secretary Nays - 0 Submitted by: �Owrcl��^�"'�' � Donna Drummond Zoning Section Approved by: � � a�/' � Ga�»s/2.� ! Richard Kramer . Chair � 0 � -'13`� • Christine A. Garner 1815 Sammit Avenne 3t Paul, MN 55105 May 29, 2001 City of Saint Paul , Department of Planning 8c Economic Development Zoning Department 1400 City Hail Annex 25 West Fourth Street Saint Paul, MN 55102 Re: File #01-188-590 1812 Portland Avenue Dear Members of the Zoning Department: I am writing to express my opposition to the proposed rezoning of the above property � &om an RT-1 (two-family residential) status to an RT-2 (townhouse residenial). Our home is a single family residence direcdy south of the property. It is our strong belief that the proposed change accelentes an adverse change in a neighborhood that is already faciag an overflow of commercial real estate properties with their attendant problems of pazking, gazbage coliection, lack of neighborhood cohesion and absentee landlords. , We specifically hope that you deny this request for the following reasons: I) The proposed unit will be in the basement of the duplex. The findings of the staff report state that the area involved consists of a family room and a bedroom. There is no mention of the instaliation of a kitchen and bathroom. We believe that this unit — no matter how it is modified — will be suitable for onty one person, presumably a student or, as tliey have stated, Mr. and Mrs. Herman's son. Such a goal is not consistent with the Saint Paul Comprehensive Plan which encourages the production of housing uniu that can be rented or sold to smaller households. 2) We understand the city's requirement for additional pazldng space. However, we would also hope that you understand that this addifionai renW unit's two-car parking area ('m an apartment suitable for one person) wiIl add to yet more traffic congestion in our atley. Currently, we contend with two busy streets (Fairview and Summit), both of which receive more than residential traffc use, and an alley �� that is a semi-private road for the rental tenants on Portland. The trade-offs involved to not seem either fair or commonsensicat. 3) Finally, the siaff report states that the proposed wning wi}1 "...not have an adverse � impact on the surrounding az+ea." I would respectfiilly disagnee. We currendy reside in an area that is an uncomfortabie mix of residentiat and commercial pmpecties. Those of us who live on Summit are mandated to maintain our properties within strict guidelines (e.g.; nenovation, additions, backyard construcflon, painting, etc.) However, our neighbors direcfly to our north seem to be allowed ta do whatever they choose. The outcome will not only adversely affect property values — if not �w, then in the firture —but also affect the sense of community that I for one would like to see increased in our azea I would like to see a decline in the Summit Avenue "�s" vs. the Merriam Park "them" that c�urenfly characterizes the relations between our two areas. We cannot build greater community feeling if we continue to encourage the development of two opposing concepts of urban life with two different sets of tules by which to play. I hope that you give serious consideration to this pmposal and deny iL This nezaniag wi21 benefit neither the neighborhood nor the City of Saint Paui's admirable goal of providing more affordable housing (which I support) to people of moderate and lower incomes. Sincerely, l•.�n;�.�a N, Gan�v.+. � Christine A. Gazner � � W. Michael Garner 1815 Snmmit Avenae S� Pani, Mn. 55105 May 28, 2001 City of Saint Paul Department of Planning & Economic Developihent Zoning Depariment 1400 City Hall Annex 25 West Fourth Sh�eet Saint Paul, MN 55102 Re: File #O1-188-590 1812 Portland Avenue Gentlemen and Gentlewomen: d�-`l�� I am one of the owners of the property immediately to the south of 1812 Portland Avenue attd am writing to oppose this rewning request. � St. Paul is a city with the potential for beauty, rational city planning, appropriate use of existing structures and development of affordable housing. The Zoning Deparhnent should pursue those goals. Unfortunately, the instant proposa( serves none of them. It proposes to convert an existing structure to a use it was not designed or intended for; it will create more higir rent housing in an area that dces not need it; and it will further degrade a neighborhood on the verge of deteriorating. The request shoWd be denied. The Use is Not Appropriate for the Structure The building, 1 S 12 Portland Avenue, was designed as a duplex; with Uuee bedrooms in each unit, it was obviously intended for family use, It is cwrently — and has been for some years — fully occupied by students, several to a unit, who move in and out at least twice a year. The proposat to convert two basement rooms to a living unit simply makes a bad situation worse: it creates an "apartmeat" out of space that was never intended -- nor designed — to be an apartment. Certainly, yoe�ng Mr, Herman does not itttend to make this cave lus permanent home and raise a family there. He will vacate it and We City wili have a dark, damp, sub-grade unit ia an otherwise high rent neighborhood. The structure will suff'er the tvear and tear of yet another series of transient tenattts and ultimateiy, the building will be degraded, p✓hat good i.y there to that? On the present record, there is absolutely noUung to give the Department, the City or me, �� the next door neighbor, any assurance ihat the proposed work is going to be anything but minimal. Is there going to be a kitchen? A bathroom? Is the existing infiastructure suf�cient to sccommodate another tenant? Until we see how a structure not designed for this use will be � appropriately accommodated to this use, there is no reason to grant the variance. The Proposal Degrades the Neighborhood As I understand the wning regulations as they concern student housing, an aparhnent nsay accommodate up to four siudems. So the proposal will take us from (potentially) eight adult residents Yo tcvelve, glus their cazs. Does anyone seriously believe t[�at four parldng spaces is going to be sufficient? The stopgap measure — a paridng pad for two more cars — is, as I understand it, someUilng mandated by a City formuta that takes no account whatsoever of the actual conditions in the neighborhood, aesthetics or land use. The reality is that the proposat will result in even more cars pazked along streets that are already crowde8, and the pad will create an expanse of concrete thaf wilI be vnsigfitty and a nuisance. This is not the way to create student housing or multipie- writ housing; it is a$licted with ali of the wealmesses of stopgap, half-baked, poorty_considered thinking. The neighborhood consists of housing stock that is generaily at least 60 and more likely 75 to 90 years old. Much of it could have a substantially longer useful life if it were kept up and conserved. But mosi of it is already over-taxed with teaants an@ uses and under-maintained, T6e staffreport states that the proposed rezoning "is consistent and comparible with the way the area � has developed and will not have an adverse impact on the suaounding area." What can justifj• consistency and compatibiIity with the crumbling steps and loose window frames on the extetior and the rancid odor in the semi-dark vestibule of 1815 Portland, directly across the street7 What standard for adverse impact is 1822 Pbrtland — where We originai wooden gamges in back are about to collapse; the paint is flaking off the facade; there is a firetrap wooden staircase in the rear; and the stones in the entryway are falting out? pr is 1823 Portland the measure of excellence, with its brick retainiug walll about to collapse into the sidewalk from lack of pointing. I cannot imagine that anyone from the City has seriously inspected the area or the buiidings 8[ound 1812 Portland Go loek at thPm �� .�,.y��.�.�e��anr�ooras-rr+�a they are wom, messy, tawdry, unsafe, smelly and, quitefiankly, frightening_ Is the staffreport seriously saying, "I,et's have more of this!" =Please; leYs not approve a zoning change because iYs going to nurture more of a bad Uring. The Proposal Does Nothing for Affordable Housing Even the Hermans, the owners of 1812 Portland, acknowledge that rental properties in aPazhnen is�o'm fo solve the Ci s affordable riotisly thinlcs_ that creating a_ basement .� . P . 8 8 ty housing problem? T'he staff report's observation that the City's Hovsing Plan calls for creation of additional units for af�'ordable hovsing, and that pernutting ttus use will further that goal, is pure sophistry. Once their son moves &om the first-floor apartment to the new basemeat apaztment, do the Hermans intend to � advertise the newly-vacaat uait in the local Hmong newspaper or in the Somali community? 1s it >•-, � going to be advertised — and priced — so that a Latino family, who realiy needs such a unit, will be able to live there? I will gladly drop my opposition when I see the Iease signed with tha Rodriguez or the Vang famiiy, Seriously and realistically, the staff report simply has no record support for a finding that tfie City's Housing Plan wi11 be served or that any objectives of good city planaing and laad use w�ll i�e served- There has been no specifio investigation; there is no refereace to actual inspec6on of the property or neighborhood; the staff has apparenfly relied entirety on the unsworn applicatioa of the Hermans, St. Paul has serious problems that are the result of decades of poor zoning and poor Planning. If it is going to grant variances, it should do so onlg upon a solid, factuat record and the exercise of rigor and standards of excellence in applying good standauis. Unforiunately, I find that lacking here. d � �� In conclusion, tlus rezoning proposal will create a bad housing unit in a shucture that wasn't designed for it; it will add congestion to an already overcrowded neighborhood; and will not serve any of the interests that the City purports to serve. On the contrary, whose iuterests will be served? Well, the Hermans will get more rent on their investment property (which is listed on the property records as theu home for homestead purposes, along with their house at 2000 Marshall Avenue); end the private-school students who can afford both tuifion and an apartnient will have a place to live for a summer or the school year as they pass through St. Paul. But for (� those of us who make our permanent homes here -- and invest our hard-eamed money in our real estate and in this City — it offers nothing. A variance is a change from an established plan. It should be granted oniy for sh�ong reasons, on a solid record and after rigorous, thorough appraisal. That is not the case here. The proposal should be denied. Very truly yours, �� - W. Michael Gamer � BI-`Z'S ZONING COMIVIITTEE STAFF REPORT a FILE # 01-188-590 1. APPLICANT: W. R Herman 1�FARTNG DATE: 05/31/Ol 2. 3. 4. 5. 6. 7. 8. A. � B. C. TYPE OF APPLICATION: Rezoning LOCATION: 1812 Portland Avenue (southeast comer at Fairview Ave.) LEGAL DESCRIPTTON: Egbert G. Handy's Addition to the City of St. Paul, west'/z of Lot I 1 and all of Lot 12, Block 7. PLANNING DISTRICT: 13 (Merriam Pazk) PRESENT ZONING: RT-1 ZONING CODE REFERENCE: §64.400 STAFF REPORT DATE: OS/23/Ol DATE RECEIVED: OS/O1/Ol BY: Donna Drummond DEADLINE FOR ACTION: 06/29/01 PURPOSE: Rezone from RT-I to RT-2 to allow conversion of a duplex to a triplex. PARCEL STZE: 9,525 sq. ft. in a corner lot, with 63.5 8. along Portland Ave. and 150 ft. along Fairview Ave. EXISTING LAND USE: Duplex D. SURROUNDING LAND USE: North: Multi-family and single-family residential uses in RM-2 and RT-1 zones. East: Duplex and single-famity residentiat uses in a RT-1 zone. South: Single-family uses in a R-3 zone. West: Multi-family uses in a RM-2 zone. E. ZONING CODE CITATION: Section 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, orsubsequently established herein pursuantto the provisions ofMinnesota Statutes Section 462357 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 ptanning commission or by petition of the owners of siarty-seven (67) percent of the azea of the property to be rezoned." F. HISTORY/DISCUSSION: There have been no previous zoning applications or issues for this �� property. Zoning File #01-188-590 Page Two of Two G. DISTRICT COiJNCIL ItECOMl)'IENDATION: Ttte Merriam Pazk Community Council has recommended approvai of the rezoning appiication to a[low conversion of the dupiex to a triplex. H. FINDINGS: 1. "Ihe applicants, W. R. Herman and Angeline Barretta-Herman, have requested that the duplex they own at 1812 Portland Ave. be rezoned &om RT-i (twafamily residential) to RT-2 (townhouse residential) to allow conversion of the existing family room and bedroom in the basement into a third unit. The structure was built as a dupleac, with 3 bedrooms, sunroom, kitchen, and bath on both the first and second floors. The appiicants would like to convert the basement into an additional unit for their son, who now lives in the first floor unit. The oniy changes required to the exterior of the property will be the addition of an egress window and a two stall pazking pad ne�ct to the existing two caz garage. Entrance to the pazking is from the alley. 2. The zoning code parking requirement for residential uses is 1.5 spaces per unit. T'he � units will require 4.5 spaces. In cases where a fraction of a space is required, up to 0.5, the number is rounded down to the next whole number. Therefore, four spaces aze required. With the construction of the rivo space pazking pad and the existing two space gazage, the property can provide the required number of spaces. /� 3. T1te proposed rezoning to RT-2 is in conformance with the Saint Paul Comprehensive Plan. The City's Housing Plan (1999) encourages the production of 300-400 housing . units a yeaz that can be sold or rented to smatler households. Creating units within - existing lazger structures is one method that is specificalTy mentioned. This rezoning will permit the creation of one additional housing unit in this existing structure. 4. The proposed rezoning to RT-2 is consistent and compatible with the way the area has developed and will not have an adverse impact on the sunounding azea. The property is on the southeast comer of Portland and Fairview Avenues. The other three comers have muiti-unit apattment buildings on them and are zoned RM-2 (multi-family residential). The property directly east is a duplex. 5. The applicant submitted a sufficient petition signed by two-thirds of the properry owners within one hundred (100) feet of the property to be rezoned (12 pazcels eligible, 8 pazcels needed, and 9 parcels signed). I. STAF'F RECOMIVIENDATION: Based on Findings 1 through 5, staff recommends approval of the rezoning petition to rezone the property from RT-1 to RT-2. ,. o�-�� PETITION TO AMEND THE ZONING CODE Department of Planning and Economic Development Zoning Section I400 Ct1y Hal! Annu 25 West Fou�th Street SaintPauJ, MN55102-I634 (651) 266-6589 Properry APPLICANT PROPERTY LOCAl'tON City � � t � Contaet Person (if Address / Location Legal Description loi' �a g�k (attach additionai a.-t1 .fl � N Zip necessary) ;°�--.=3� {;:��:::; . . �._ .-- .. ._, "�`7' - 3 Zoning tZ•T- � TO THE HONORABLE MAYOR AND CITY COUNCIL: Section 64.400 of the Saint Paui 2oning Ordinance and to Seetion 462.357(5) of Minnesota Statues, '� u0�� , owner of land proposed for rezoning, hereby petitions you to rezone the above described property from a � I � zoning district to a�T � zoning district, tor the purpose of: L'onver+ -�'y �xis4o�y roo�. +a base,me�•�t b� dreow� a�d Sel� - con�l-atned aP afih'►ewZ` (attach additionai sheet(s) if necessary) Attachments: Required Site Plan � Consent Petition C7 AtSdavit � Subscribed and sworn to before me this R3d'h day � i :� 1.Y5,i� : � 20 0L• !. � .I,�,. , i ' �- �- ./�!_ � •�. _ _ / " ' r• p � g Rp, g, BRANDIS �� NOTArT(PUBUC µY COMMISS{ON � r EXPtRES JAt1.3ti.2005 Pa9e 1 of _� City of S� Paul Plannine and Economic Development Zonino Department 1400 City Hall Annex 25 West4`" Street St. Paui, MN 55102 651-266-6583 (FAX: 651-228-3220) April 13, 2001 Attention: Paul Dubruiel & Donna M. Drummond Re: Rezoning request for 1812 Portland Avenue We are requesting a rezonina of our property at 1812 Portiaad Avenue from a. duplex to a tripiex. This is a purpose built duplex with 3 bedrooms, sunroom, kitchen, and bath on each floor with separate utitities. This property is on the southeast comer of Fairview and Portland—the other three comers are bound by apartment buildinas. � The first floor was our primary residence during the first five years that we owned the property and included a bedroom and a family room as part of the basement. We would like to conveR those existine rooms into a small self-contained apartment for our son who is currently livino in the fint floor apartment and homesteadino the propeRy. � The only changes to the exterior of the pcoperty will be an additional eoress window and a two stalt parking pad next to the exis6nQ two car ;arage. Entrance to the parkine is from the alley. A poRion of the existina fence and hedae along the alley side will be retained to offer protection from the street. We have invested heavily in renovations and upkeep of this property and will continue to do so. We are hopeful that the plan will be approved so that this project can proceed. � ��' ' 7� �� " , ��%; i � � ! W. R.andolph Herman Anaeline Barretta-Herman � �. Apri17, 2001 Dear Neighbor. We are the owners of the dupiex at 1812 Portiand Avenue \ � � , �� 1�� ., , � ` of Portiand and Fairview). We woutd like to convert the existing basement bedroom and fami{y room into a smatt apartment for our son. Since this wouid constitute a zoning change from a duplex to a triplex, we are coming to you to discuss our pians, answer any qusstions you may have about the proposed project and ask for your approval. Only two changes to the outside of the building would be required. One is the installation of an egress window on the southwest side of the buiiding to meet � �=fire and safety regulations. The second would be provision of two landscaped off- istreet parking spaces on the west side of the existing two staii brick garage. V11e have owned the dupiex for ten years and have invested heavily in renovations and upkeep and will continue to do so. We are hopeful that you wiil approve of our pian by signing the petition so that this project can proceed. Sincerety, Randy and Angie Herman 651-642-1783 � -'13 `� �i %�'�`� ��//��a.� ��c� � �� N � `� D ��S'� ; ! � - -- ---- --- -- s i o E W A/r� � � ��. � � � ;'1 � .\ � � --��r � � j � F� r !F � 5� � � �� 1 -- �� _ , �-� � � — --- � t �r� � , �- - � � - �� _ �`` � '�., _ c _�� y ��'� �� i8'— /� �< <� �� V � � �U � � � � 1 � � �� -I�' ? r o `-�� City of S� Paul: Plannina and Economic Development Zoning Department 1400 City Hall Annex 25 West 4`" Street St Paul, MN 55102 651-266-6583 (FAX: 651-228-3220) Apri130,2001 Attention: Paul Dubnciel & Donna M_ Drummond Re: Rezoning request for 1812 Portland Avenue ' Attached you will find an excess of the required sianatures in support of our request for rezonina of our property at 1812 Portland Aveaue to permit converting our purpose built duplex to a triplez. We were able to contact nine of the owners of the 12 properties within 100 feet of our property and to obtain their support of our petition as follows: 1823 Portland Roland Johnson 1815 Portland Craig & Darlene Miller 1809 Portland" Chris & Tammy Niemeyer 1805 Portland Lucille Ablan 1812 Portland W.R. & A.B. Herman — petitioners 1808 Portland Charles & Kathleen Maeuire i� 1800 Portland Patrick & Mary Ann Ially 1825 Summit Chris & Kathy Miilich 1801 Summit Edwin & Milda Fooelman We have been unable to contaet the remaining three property otivners despite sevenl attempts by phone, letter, and physically going to their homes. The neighbors that we have contacted were shown the site plan (or in the case of Mr. Roland, sent a copy of the petition and the site plan) and are in suppoR of the petition. One neiahbor (Christine Flinn of 1815 Summit, the property directly behind our property) was concemed abovt the required size of the parking pad in our iniYial contact with her. We have not been able to contact fier since we drew up the site plan that shows clearlJ• that the parkino pad will be directly behind her existing garage and as much of the hedge as possible will be retained between the street and the pad along the alley side. �Ve are on the May 2° 2001 agenda of the Buildino & Land Llse CommitteE of the Merriam Park Community Council. Their recommendation will be forwarded to the May Board Meetine of that district councii. It is our understanding that our petition will be sent to the Zonina Committee at the end of the month. Please contact us if you need more information. �� Si ers ,� . ando an & Angeline Barretta- erman 2000 Marshall Avenue, St. Paui, MN 55104 : : . _ . ... . - . . - ', . _ . _ . . . . _ . " . . . . . ' j' . ' , � � � -� - . . � 70IVING P��'ITION SUI'I'iC1�NCY CIi�CK SH�LT .� . . . 22�Z0\'TNG . . • SCUP ' nCUP . FIRST Si3BMITTED DATE PETITIODf SUBMITI'ED: �{ ` � � 'D , DATE OFFICiALLY RECEIVED: PARCSLS ELIGIBLE: ( � PARCELS REQUIRED: C� PARCELS SIGAIED: � DATE PETITION RESUB�fITTED: �� b � DATE OFFlCIALLY RECENED: S 3'U ( PARCELS ELIGIBLE: I � PARCEIS REQUIRED: � YARCELS SIGNED: � � CHECIiED BY: �� DATE• �� •� I - S - 3 -u ( � � � � - z�NING �iLE - �� • . . , . -� _ _ -. . MAY-03-2E�1 14�59 PED 14TH FLUOV?' E.51��'� P.05iFi5 ��-�` � � AFFIDAVI1" O� P�RSOI�t CIftCULATlS�[G TH� CaNSENT PETftION STATE OF MINNESOTA) :SS COUNTY OF RAMSEY) w, t`�.�t,� do l�O h Nefmu..n c�..._c� A.2c�e l ine (3u.r�e`�*- �et�n , being first duly swom, deposes and states that helshe is the person who circu�ated the consent petition consisting of pages; that affiant represents that the parties described on the oonsent petition are all the respective owners of the properties p�aced immediately before each name; that affiant is informed and believes that each of the parties described on the consenf pefition is an owner of the property which is within 100 feet of any property owned, purchased, or soid by petitioner within one {1) year preceding the date of this petition wt�ich is contiguous to the property described in the petition; that this consent was signed by . each of said owners in the presence of fhis aftiant, and that the signatures are the true and correct signatures of each and all of the parfies so describ� `� � / �� v- N E j �� /� � / � � a � � � 6s�i- G �a - ��83 TELEPNONE NUMBER Subscribed and sworn to before me this ,�__ of � �0�'1�. � Page of �. 1/3/DO T�TRL P.N` e °"" BETfYJ.KARSCHNIA NOTARY PUBLIC • MMiNE50TA �• MY COMMISSION EJCPIRES .,�.r JANUARY31,2W5 MRY-03—�01 14=58 PED 14TH FLOOR �'�TZT�ON TO R�ZON� A.rx�rbAVir OF F�TIT'IOIVEI2 STATE OF' MIIINESOTA) � :SS COLN'I'y pF RqMSEY ) W. (2�C�o�p( (�erin�i.s�. u.� TGe petitioner, �e(i ns Qeqtr'e'�}y fEt�Maq , beeng first duty swom, deposes and staYes tizat ilie consent petition contains signatures from at least tsvo-ihirds (�/a} of a1t eligiBle properties �.vitl�in 100 feet of all property otivned, purchased, or sold by peEitioner �vithin one (1) }•ear preceding the date ofthis petition «�hich is contigueus to the property described in the petition; petitioner is informed chat the consent petition must contain signatures from eacti and ail o4men of joindy-on�ned property in order to constitute consenf from that property and that failure to obtain consent from each and al! oumers could invaIidate the consent petition; petitioner belie�•es that the consent petition tivas signed by each of said o«•necs and ihat the signatures are the true and correct signatvres of each and a21 of the parties so described. - ��- � � � � N � �� ` ��_ ADDRESS ' . _ �S/- 6�F�-/7�� TELEPHONE I�UVIBER Subscribed and s�vorn b fore me this ,i _ ___ day of c75)�_�� - _��0� IJ � C _ _ �� 6ETfYJ. KARSCHNIA r xor ix : MYCAMMISSIONp�i�E$ �:..-. JANUARY31.2005 Page J� J. of U3]/97 � APR-24-2001 13:30 PED 14TH FLOOR 65122832R P.02iO4 . . •� iT•.Y�!'.. , • •L" • . -•�e.•' • . . . - . � -: ' - , . Cx'Z'X O�` S.A.�N'T �A.Ux, • . ,: o,-�� CONSBN'f'•OF AD70INING PROPBRTY OWNERS FOR A �• REZONING • Wo, Qu undersigned, otivtters of the propcdy wiQiin 100 feet of0ee total eontiguous dcsetiption of teal estate o�vned, purcGased, or sold by THE PETITfO� IGR within on: yrar preceding !h� date oF this pclition ' acknawted;e tl�at �ve havc bccn presented �eitk tlu follo�ving: 1. A eopy of the p:tition oF U� . ' �r �� L '� `-' � -"�' � � • (name oFpelitio r) to iezone et,c properey locnted ac 1� I� �or'f �e� /1 G� -. froro n��zoning distriCt to n�r � zoning district. . 2, p eopy oCsections,��L tivouoli .H�L3 inelusive oFthe Saint Paut 2onin� Co�:; and ncknowlcdga tlint �vic erc n�vare of a11 of tlie uscs permitted in a� zonino distriot and tve aro nwarc ti�at eny of tUesc us:s enn be established upon Ciry Courteif approval of ttie re:oning. \Vc hereby . consent to thc rczoning of tlie property in thc petition of; (N - f� cas��iL.y�lt�---__��(+�7 Zzoniiig dlstrict. (Name ofpetitioaer) 1Vc consont to flic :��,proval oi this rczoning as it tvas explaincd to us by thc rpp]'clnt or 1�is/licr represcnt�fiYc. � nnnr r�cs �n r:�.� 1 /SOO�L�/a 182 � l�� j ! So� Sc��. �P.�C�i 11, P✓��+1 �I o9el�4 �b( an u�� /� �laM � e�dtq r��i� �!/, j2.'f�ertrla/1 � ��u� �� - .��. , �u�.r.uuc�c�.�� '� y • • • i�/�N/�/�� . , ,-, - , o� o r � o � .. -�l � �___. =_g-� ��-� � 25�a l � -ZS•o-► / �' a � + N �HL� �'' ��o/ hOT�: This pctition shatl not e considere as ially fil:d untit tnc lapsc of s, en (7) �tivrking l• , �daysafteritisreceivedbythsPlanningDivision.Anysignato:ofth name therefrom by tvritten rtquest wiihin that iime. •'.� :: RPR-24-2001 13:30 PED 14TH FLOOR 6512283220 P.02iH4 • '� v7•Y�t'.. . • '�'. . _ . r • . . , . �.'. . y. . , . .. �� - .. ' ' " . � Cx��' O�' S.A�xNT �.A�U'L , , CONSBNT'•OF AD70INING PR�PERTY OWNERS FOR A • REZDN�IYG . � \Yc, tlu undeaigited, owncrs of tltC property►vitliia 100 fent oFdte wtat eontiguous dcscr�ption of teal cstatc owned, purchased, or sold by THE PBTlTfODIGR �vithin one yrar prcceding ilte date oP thit petition ' � acknowledQe thai we havc bcen presentcd �t ith ti�e foilotivitl;: I. Acopyoft0epetitionof Uv • ,C • �r�' �' t��5`�� " (rtame of petitio r � to rezone i4e property located at f� 1� �p/`7� �f3 /1 G� -. from a��zoning dis�rict to n�T � 2oning d'utrict. . , 2. AeopyoCseetionsf .+�3t t}�rough .yi�3�tnetusiveoftheSaintFaulZonin�Code;and aaknowlndge thst �vc ara awart oFnll of the uses ptrmuted in a� zoning district and we art a�vare tlwt any of tbese uses ean bc csta6lisbed upon Ciry Couneit approval of tt�e remning. We hercby . ' consent co ihe rczonine of tiu property in il�e petitioe oF, !N ` K.� �1�1-P�y�t�T" `��,��7 zzonirig district. (idante oPpetitiaier) tiVc conscnt to tlic approval of fhis rczoninb as it �vas expIflined fo us by fhc ��rppliclnt or his/licr representltiva � f$O�-fland �a-{Y`Ic.�� l t82 � Su��.-�� d�° �.6,�'s� !�1 ��1 ti1,ldA �� r � � , O'y�b7��/ O'f o 8fdz � o o� 0 1 /, �- oi .. -� �� . . . ---- -o/ .U, u �� e �(o( a/1 � r�s� he i o� cr - ra r a � I er' --- '�,�,�, /a t`�l�rr1 I W R. '• y .��"7T.�a� d/ � a � � � i�OTL• : This pctition shall t be considered as o�ct � days aftecitis received by thePlanningpivision. My name tharc&om by wriiten rcquest �vithin that time. ,� _ 1- o/ :', �. _ =�; -�a � . .� ; _. "' o� 1'�'��-"��: �-a7��i��" oi scYcn (i) Kvrx��is snay �vithd�n hismer ,;`; . ..� - � APR-24-2001 13=31 � 14 Tf'� �� ' CITY OT' SAINT' PA,YJL � . ... � � - - CON$EN'I'�UF ADJOII�IING PROP�RTY OWN�?RS FOR A � - . .�zolv,rlvG �� , n / , P.04iO4 8 l-`l�� We, the urtdersi�ned, o�mcrs aPthe property �vithin 100 feet of t�e total eontiguous desuiption of reai atate o�vned, puccliased oc sold by 7HE PETITlONLR within one yenr precedin� the t�ate of this potition acknowledge that we liave bccn presrnted ��tG the follo�rine: l. A eopy of the petition oF yY � 7�`�' � ` �� i"' �� (name of petitioner) io rezone thc property located at /�� - �!'f �e`� 11� . from a �� zopin ; district to a,�� zoning distrIct, 2. A Copy of sections /� 3�tiirougli �� f the Sai�tt Paul Zoning Code; and acknowtcdge that we are a�var of all of the us�s permttted in n,�, zonin; district znd we are ativare that any of these uses can be establislted upon Ciry Councii app�oval of the rezonins. lt'e hereby eCnsent to Nie rC2oning of tlie property in !lu petition oF; �1�- +� ��1��"-' toa_��zoningd'atriet. (N. me oFpttitinncr) � '4„� C� days aftet it is receyrtd by the PlanningAivisiori. Any sigaator oi uu+p�««�=_ �,�� •------ ,, name therefrom by ��Titten request within that time. •' .; • � � 70TF!- P•� . ,� . �:t :; �•. �Yc conscnt to tl�e z►pprovai of this rezoning as it tivas expinined to us by the �'-R 24-2001 13:30 Pm 147H FLOCR . . 651r�u�r�a P.02iO4 � � , `7:Yq: ',. . . •t" . . .•,;..' • . . , - . • -: " : • CxT'� O�' S.A.xNT ��UL ., CONSENT•OF ADJOINING PRaPBRTY OWNERS FOR A ' • �ZONING - � We, the undersigned, otivncrs af tl�c pronedywithin 100 feet oCtlu toial eonti�uous dcseription oP ral estate otvned, purctwsed, or sold by THE P$TI7tOTFGR �vithin one }roac precedina tlte date of thit petition ncknotivledge that wo have bacn p�csenled wltit ihc fotlotivi��: - / ' 1. Acopyofthepetitionof Uv • „• �� ' t � , (name of petitio r) to rCZOne tlic property Iocated at l�/� �orf Ia n d � •. Gom a��xoning distriCt ta a�T � 2oning c�akiet. , 2. Acopyofsections •�f31 through nefinotvicdge that we are a+vnro oFaii of tlu uscs permttied in.a� zontng district 8nd we nre mvare tl�at any or tUese uses enn 6c cstabtished upaa City Courtcit epproval of the remning. \4e hereby . eonse 7 xo the razaning of tlse property in tlie pctition oF, ,�/ �/"' " IC-� �l�'� "T7. )�A l6h f'�� x2enirir tliclriCt_ 1Vc consent to flie zpprovai of this rczoninb as it tvas expl.�ined to us by thc r�pplicanf or his/lior representafivc. j800t�.f/and f'a-h^rc.fc G l82 � �ut•�'� �°. �ii��5-fn he_r l 4�1 � �- �,�dA �� so.3' ��.. �-u u u.� l�� 'ia t'�l�r� �3 � /.:�� .� — - :' �..i . L..��!i� w � . _ f /:�'� ;iL ///. -r�� ' �_, _ �'s�� i, _ � , , "oy/b7/o/ O Y o Sjd7 0 0� o> _, _ • •- . � � y 1 0 / " �l-�'a•o . . Y�Q�DI I�OT�: This pctition shall not he considered as officially filed unti! thc lapse of seyen (?}xvrking � days aRcritis received by thePlanning?�ivision. Any signetv: oFthispctilion tnay tivithdaw his�� name thercfrom by wrilten cequest �vithin that iime. ,• •• ..� . .� . _ . � �.-� � � ... � � � /��3 � fl4 f�Ue 4�1 c� ` , .�'� � � r K � , � � �.e. � � � r e �1.� ��, � � �5 ! / ) I � �. r 11; h t.J a. 5 .21 ; m � n q�e G� B Yl D k✓ � � d-e. 1 • - D -� ��a;r r/ i 2 tJ /� v sz , � tJ � l� Co � sen � �c �d!/S Y2 2D�? r!� l� /~� �op5 I'1e� 5 ,.,L . .�-- • � Lj � fr� e / � Y �/! / /1 ! -e- ►� �e �...e. � � � ` � . - ��'�'" /�� `-y--�-� � _ .:�.. ".:c ;t�;:i r� � qPR-24-2001 13�31 PED 14TH FLOOR 5,51'raz��a � CX�`Y OF SA�TT PA7JL � . .: � : . . . . CON$EN'T'•OF AD70II�IING PROP�RTY OWNERS FOR A . .�zoN'��c �� tiVe, the undersigned, otmcrs oftlu property �rithfn !00 feet ofQx total cronu�nious descdption af reat estate o�vned, putchnsed, or sold by 7HE PETII'IONER �vithin one year pcceeding the date of this petition acknowledge that �ve Gave bccn presented �eith Ute foilo�vin;: 1. -Atopyofti�epetitionof �� m�� /��M'�� (namc oEpctitiontc) to reaone the property Iocflted at /�� - �/'f �e� /7d , from a '� l zo}�ing district to a c Z zoningdistrict. • 2. Acopyofsections�n�,H�3�dirought��inciusiv ftti•SaintPautZoningCode; and aeknowicdge tliat �ve nre awu of all oF the uses permitted in e, P T'� zoning distriet xnd we 8te ewnrc tltat any of these uses ean be esta6lished upon City Counci( approval of tht rezoning. 1ti'c hereby consent to tlie rezoaing of the property in lhe petition of; ��`'" � � �� toa_��zoningdistriet. ' (N. me of petitioncr) r ' � 1Ve conscnt fo flie npproval of this rczoning as it `vas eapinined to us by the �PP�lc�nt or his/hcr representativc. _a5_ o f . � . - -_ - _ _. _ --__ _ . :__ .__ _ �IZOT�: This petition shall not be tonsidered as officially filed until tae lapse of seven (� lwdung , daysafteritisrecei�•tdbythePlanningAivision.Anysigaatorofthispetitiontnaywithdrx�tihis�he� � name thereFrom by ►�Titten nquest within ihat tinie. -•_ .,. TOTf1- P.04 ••••••� � �r-�un eL I i i �.. � � 1 W t � � � -- —.�� /-----} �- --- -}--- �V��f� �---_... _. . - - -...-- '?LtCA�1T W �" ` �ec mar� LEG�NO j �EZont �tIM �•� ��Z �°°� zoni�gd�striclb»nda�Y L E fU� �Q� DATE �� << sub;e7prope��y � • ••...•• ••••••� �-----�- --- � � --_7 _tJG. D.S7.._.�— l�1AP ;: o one (amily • � ^ comme :�z: �� , ¢ r.�:orz„�i� a bA ��s�:�z� s-':� . �StSll multi�l>lamitv 1'vz�a�: ;� HA1�t.YNE DI57RICT l3 U ,� . �� .� - I � t � . . _... ., - • ` •_ -.i,: _ . 'r.4.. �Ot-�3q 1. SUNRAY•BATTLECREEK-HIGHWOOD 2. HAZEL PARK HAI)EI�I-PROSPERITY HILLCREST 3. tiYEST SIDE ' 4. DAYTONS BLLTFF 5. PAYfdE-PHALEI�i � 6. NORTH END �.5� 7. THOMAS-DALE �Q' � � 8. SUMMITUNiVERSITY • 9. WEST SEVEI4TH • 10. COMO il. HAMLINE-MIDWAY ' . 12. ST. ANTHONY PARK /�� MERRIAM PARK-LEXINGTON HAhII.INE-S14ELLTNG H.4MLs'•1E 14. MACAT.ESTER GROVEIA�TD 15: HIGHI.ANll 16. SUMMTT H1I I, 17. DOWNTOWN " C1TiZEN PARTTCIPATTON PLA2�INlNG DISTRICTS . �. .z �� ► / Chrtsllne A. Garner W Mir.haet Garner ] 815 Summit Avenue Sl. Paul, MN 55105 June S, 2UU1 ��,�7 C w• R. & A. B. Herman 2000 Marshall Avenue St. Paul, MN 55104 651-642-17$3 Re: St. Paui PEx7 Flle Ol-lE8-590 Dear Christine & Michael: Ol-'1 Altl�ough ynu menti�ned your objec;tlon to our re;rt�ning request and stateci y�u wouid be at the hearing last Thursday, I wa;h quite taken back not to be �iven copies ol' your letters until the hearing w�as aboul tU begfn. Alihough I share similar concerns about the challenges ��P living in a communily wrth a mix of multipl� and single famlly dw�ellings, I noted thzt many �f your stated concerns seem to be about nelghbc, ring properties not oux prc�perty at 181'L P�rtland Avenue. � wauld Sike io address what 1 see as the inaccura�:ies in your restimony and Ietters. Yow concerns that our constructuan wili result in a "cave" reIIeci distrus� Just as 1 trusl that your current a��enovations w1I1 be oF a hlgh caliber, y�u can expect the same qua�lty ln oun� additi�n SinCe we both are committeci to high st,anciards in our neighbc>nc�iod. Not only wlll our apartment compiy with ail zoning and code requlre�nenLS bu[ we are working closely wiih vur builder to create an estheticaIiy pleaSIng living environment for our son whc> Is ic:gally homesteading ilu� propeTty. You �cpressed concerns atx�ut frequenl tenant ch�amges but our leases have been for two year periods;�.s we are mindfui of m4mimiz9ng the impact of transitions. We wc�rk at the prvperry regularl,�,� and tetain lawn, snow remaval, R trash services. 1 do not petce3ve of my ;;eif as an absentee landiord since I Iive in the neighborhood. I hope this clarlf3es some of the concerns you not�d in your letters and testimony. I am committed to ma.intaining and in�rc:asing ihe value of my property and continuing my c•ontribution �o the neig3iborh0od as a desirabie place to live. ` Slncerely, Cr. St. Paul PFn 2 � �-��y w. NIICHAEL and CHRISTINE A. GARNER 1815 Summit Avenue Saint Paul, Mmneaota 55105 dnne 25, 2001 Saint Paut City Council Planning & Economic Development 1400 City Hall Anaex 25 West Foucth Street Saint Paul, Mn. 55102 Re: File O1-188-590 Rezone property from RT-1(Two Famely Residential District) to RT-2 (Townhouse Residentiat District) to allow conversion of a duplea to a triplea Property nddress: 1812 Portland Ave. (the "Property"); Applicant: W.R Herman Hearing Date: Wednesday, June 27, 2001; 5:30 p.m. Dear Councii Members: We are the owners of the property to the immediate south of i812 Fortland Avenue and submit this written opposition to the application of W.R. Herman to convert the existing duplex to a triplex (the "Application"). There are �ree important reasans to deay this application: — The proposed conversion is contrary to Saint Paul's Comprehensive Plan. — The Staff Report's findings aze unsupported or flawed. — The proposed coaversion is a private commercial venture that advances no public �test; Saiat Paut loses — it does not gain. 1. The Proposed Conversion is Contrary to Saint Paul's Comprehensive Plan The City has adopted a Comprehensive Plan (the Pian) to attain long-term objectives for maintsiningantlenhancinghousingandmeetingtheneedsoftheCity'scitizens. ThePlan's`�ision" for the future focuses on quality; it projects that Saint Faut "will have maintained a strong commitment to the rehabilitation, maintenartce arrd preservation of its existing housing stock and D i -�'�`� it will have increased its code enforcemenf and compliance ef}'orts in order to increase the general level of housing quality throughout the city." {Plan 1.0) To that end of maintaining and enhancing the quality of the City's housing stock and neighborhoods, the Pian articulates three strategies, the fust of which is "to take care of what we bave" by "preserving bo�h the physical struchues and the neighborhood chazacter they define (Plan 2.0). Thus,tl�Planstatesthat"[Mjaintaia�—and,wherenecessazy,repairing_whatisherenowmay be the most important tIung fhe City and its partners caa do... " Echoing the theme of quality, the Plan recogttizes that the "physicai features of neighbarhoods" ariract people to Saint Paul, and that the City must encourage "Quatity azchitecture and iandscaping to define the sbreets and otherpublic spaces." (Plan 4.1). Other tactics in this strategy inciude continuing the commitment to the preservation of }ustorically and archiYectutaily significant buitd'tngs and neighborhoods (Plan 4.2); stepping up code enforcement (Plan 43); stemming deteriorarion and declining values (Plan 4.4); and improving management and maintenance of rental property (4.5). The proposed conversion is contrary to all af these goals and strategies. It converts an existing duplex into a tripiex by creating abasement apartment out of space that was never designed to be used as a living unit This will degrade the existing structure by snbjecting it to a use for which it was never designed; put a concrete pad where there is now a lawn; and adversely alter a property. that is immediately adjacent to the Summit Avenue Historical Area. Tlaere is not a singie word in the application, supporting papers or staff report to show how this conversion will achieve any of the goats of "taking care of what we have." The Pian repeatedly recognizes that rentat properkies are "among the most vuinerable residential structures in the city's housing stock" (Pian 4.5) and that smaller rental properties like tius (1 to 4 units) "are the kinds of siructures that are at trighest risk of becoming `problem properties' or vacant buildings" but that "maintaining them in good condition represents the most cost effecfive way of providing affordable housing." (Plan 6.9). There is nothing in the Applica6on or the staff report to suggest that the Property will not fall �ictim to the very deterioration and degradation tl�at the Plan seeks to avoid — and there is significant evidence to suggest that it will: — As noted, the Property is to be converted to a use for which it was not designed. — The Property has been, and to our Imowledge will continue to be, rented to students; whi}e ihey are indeed members ofthe community, they aze, by their nature, transients w�O B� no �ong-te�m iuterest in pres�vation or maintenance of the property; mareover, by their nature, they subject a pmperty to hazd use because a number of them live together, as aduits, in a singie unit — The Property, moreover, is located on a comer where the three other comer structures are poorly maintained, deteriorating aparnnent buildings. To the east is a poorly- maintained multiple-tmit hovse. E d t-��`� — The Property is not owner-occupied, a feahue that the Plan repeatedly smphasizes as key to maintaining the quatity of sma31 units {see, e.g., Plan 6.9). While we are told that the Hermans' soa will five in the basement apartment, he is not the owner and is certainly not there for the long term. Finaliy, there is nothinglo suggest thaY the Applicadon will accomplish any of the other objectives of the Plan: developiug housing for smaller househoIds and pursuing affordable housing. The Property is vsed for student housingfor u�ftuentshrdents who choose not to live on campus. Based on what we can see, it drives up rentai prices and shuts out the Latinos, Somalis, Hmongs and others who so desperately need affordable housing. If Saint Paul is serious about implementing and pursuing the Plan, then it will accomplish its goals only on a step-by-step basis. The Proposal clearly is a step away from the Plan's objecrives and toward inappropriate properry use, degradation of the neighborhood and deterioration of the housing stock. 2. The Staff Report Is Based Upon Flawed Procedures and Inadeqnate Information. The Staff Report, on which the Planning Commission approved the Proposal, has a number of flaws: A. The Proposal admittedly does not meet the lot size requirement of at least 10,000 square feet (Memo of 5/31J01 from D. Dnunmond to Zoning Committee). Norivithstanding the failure to meet the requirement, the Staff recommended approval based upon an as-yet-unapproved guideline. The staff report offers no juskf;cation for the deviation frnm rxisting guitielines. B• The ProPertY is in foct in an area where duplexes and triplexes aze "concentrated to the point of congesting neighborhood streets" and therefore does ttot meet the guidelines for conversion. With due respect to the Staffs report, the Statf's conclusion ihat "during a visit to the property, there was available on-street parking on both Portland and FaiFView Avenues" is contrary to the day-to-day nality of living here. The Staff, to our knowledge, conducted no systematic review of parking conditions, used no generally accepted measurement of automobile congestion, and conducted only one "visi�" In fact, Portland Avenue consistendy has cars parked bumper-to-bumper to the eorner of Farrview on both sides of she street, with no available spaces; cars are regulazly parked on both sides of Fairview. Paridng is hard to find. The neighborhood is overly congested with cars. In fact, one of the neighbors who signedthe Hermans' petition did so only if it would not interfere with street parking; he observed "I own 1923 Portland Ave. and parking is a real problem." Believe us. Parking is a real problem. We Iive here. 3 o � --, �� C. The Staff Report's finding that the rezoning is consistent w'sth the Plan because the Plan "encourages the production of 300-400 housing units a year that can be sold or rented to smaller households" and that "creating units within existing larger strucha�es is one method that is specifically mentioned" is not a fair reading of the Plan. The Fiaa adopts five recommendations for smaller rental properfies such as this: encourage maintenance and upkeep; support owners who successfully maintain buildings; provide additional msources for rehabilitation of rentai properties; train lancllordsandtenants; and encourage owtter ocrupancy. (plan 6.9) The Plan does not recommend rnnverting dnpleges to tri-pleaes, particularly when they are not owner-occupied. Moreover, the Plan's reference to creating additionai units out of existing struct�u�es is limited to owner occupied shuetures (Plan 5.5). D. The Staff Report's finding that the proposed rezoning is "consistent and compa6ble with the way the area has developed and will not have an adverse impact upon the surrounding area" is, unfortunately, misplaced. The aparhnent buildings on the other three corners of the intezsection are poorly-maintained, dilapidated, deteriorating structures that shoutd notbe used as a standard ofcomparison. The Plan emphasizes the need for "good design solutions" and enhanced maintenance of existing properties. (Plan 5.2 and 5.3). There is nothing in the Report to suggest thai this will be done. For all of these reasons, the Application should be rejected. 3. The Application Reflects a Commercial Yentnre that Offers Nothing Yo the City of Saint Panl In ihe last analysis, the Application is a commerciai venture: the Hermans wish to expand their real estate holdings and rent more space Yo aftluent students who go to private colleges. What does it conYribute to the City of Saint Paul? — Does it help alleviate the affordabie housing crisis? No. — Does it improve the q�atity of the housing stock? No. — Does it relieve congesiion on the streELs? NoY on this record. — Does it beaurify the City and iheNeighborhood? The Application says nothing about tlus. — Does it enhance the tax base? Not really, since the Hermans, either themselves or through their son, are claiming the property as a homestead, even though the 4 O� _�'3°� Hermans also claim their single-family home oa Marshall Avenue as a homestead.' So whaYs in it for the City of Saint Paul? Please ask yourselves this question seriously. We believe that upon cazeful and thought€ut consideration, the interests of the City, its citizens, and the goals of the Pian, mandaie that the Application be denied Thank you for your attention to this important matter. Sincerely, �� W. Michael Garner t �a�. A. ��,� Christine A. Garner cc: W. R Hem�aa i If xhe homestead exemption is indeed being claimed by the Herman's son, then we respectfullysubmitthattheApplicationberejected in its entiretybecausethe applicationisnotmade in the name of the true owner. 5 o i-� NOTICE OF PUBLIC HEARING The Saint Paul City Council will conduct a public hearing on Wednesday, June 27, 2001, at 530 p.m., City Council Chambers, 3rd Floor City Hall, to consider the application of W. R. Herman to rezone properiy from RT-1 (Two Family Residential District) to RT-2 (Townhouse Residential District) to allow conversion of a duplex to a triplex at 1812 Portland Avenue (southeast corner at Fairview Avenue). Dated: June 12, 2001 Nancy Anderson Assistant City Council Secretary cR��N�� Presented By Ordinance # Green Sheet # , �0 �:03 ORDINANCE OF 2 0 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Referred To PAUL, MINNESOTA 3� Council File # �� ` Committee: Date An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City_ of Saint Paul and the zoning maps thereof: WHEREAS, Pursuant to Minnesota Statutes §462357 and §64.400 of the Legislative Code, W. R. Herman duly petitioned to rezone 1812 PORTLAND AVENUE being legally described as West Haif of Lot 11 and all of Lot 12, Block 7, Egbert G. Handy's Addition to the City of Saint Paul from RT-1 to RT-2 to allow conversion of a duplex to a triplex, the petition having been certified by the Planning Division on May 3, 2001, as having been consented to by at least 67 percent of the owners of the area 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 properry within one year preceding the date of the petifion; and WHEREAS, the Zoning Committee of the Plamiing Commission held a public hearing on May 31, 2001, 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 WHEREAS, the Planning Commission considered the rezoning pefition at its meeting held on June 8, 2001, and recommended that the City Council approve the petition; and WHEREAS, notice of public heazing before the City Council on said rezoning petition was duly pubiished in the official newspaper of the City on June 14, 2001, and nofices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet or the property sought to be rezoned; and WHEREAS, a public heazing before the City Council having been conducted on June 27, 2001, at which ali interested parties were given an opportunity to be heard, the Council having considered all the facts and recommendations concerning the petition; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l. 32 That the zoning map of the City of Saint Paul, Sheet Number 18, as incorporated by reference in §60301 of 33 the Saint Paul Legislative Code, as amended, is hereby further amended as follows: 34 PIJBLISFI� 36 �at the properry at 1812 PORTLAND AVENLTE, being more particulazly described as: �� Alb 2 37 West Ha1f of Lot 11 and all of Lot 12, Block 7, Egbert G. Handy's Addition to the City of Saint Paul 38 ,/ 39 40 41 42 43 44 be and is hereby rezoned from RT-1 to RT-2. o�� I�/� I 0 L-1 � �V /�L '�� Section 2. This ordinance shall take effect and be in force tluriy (30) days from and after its passage, approval and publication. Requested by Department of: Planni �e� m'C el e t 0 BY , 0 Approved by Financial Service B �� Adopted by Council: Date �<;O \ Adoption Certified by Council Sec tary 8,.: � - � . A Approved by Mayor: Date �O �� By: `L �� " '" � Form Approved by City Attorney a �� I.�U� l�• ��4�C,.LL7 Approved by Mayor for Sibmissi n to Council By: � � q� 23'� DEPARTMENT/OFFICE/COUNCIL: DATE INITTATED GREEN SHEET No.• 110203 PED - VJest Team 29 June 2001 ' 6�—�1 � CONTACT PERSON & PHONE: RNITTAL/DATE NIITGII✓DATE Donna Drummond 266-6556 � 2 n�rna�rn�nrr nm � s cirY covtacn. MUST BE ON COUNCII, AGENDA BY (DATE) �IGN 3 CITY ATTORNEY� _ CITY CLERK �� MJMBER FINANCIAi. SERV DIR = FINANCIAI. SERV/ACCCG gpg 4 MAYOR (OR ASST.) CIVQ. SERVICE COD�IIvIISSION BOIITING �TEAM�� 6 2 C ( ORDER TOTAL # OF SIGNATORE PAGES _1_(CLIP ALL LOCATIONS FOR SIGNATORE) acrtox x�Qt�srEV: Adopt ordinance rezoning 1812 Portland Avenue per City Council Public Hearing June 27, 2001 RECOIvfMENDA7TONS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTRACIS MI7ST ANSWER TfiE FOLLOWING QUESTIONS: A_ PLANNING COMIvIISSION 1. Has this person/ficm ever worked under a wntract for this depazhnent? CIB COMNIITI'EE Yes No CML SERVICE COMIvIISSION 2. Has this person/fimi ever been a ciry employee? Yes No 3. Does this person/fvm possess a sldll not noimally possessed by any cunent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet INPffATTNG PROBLEM, ISSUE, OPPORTUNIT'N (Who, What, When, Where, Why): Petition to rezone submitted by W. R. Herman. Planning Commission recommends approval; City Council voted to approve after public hearing on June 27, 2001 �� T anvarvTncES � arrxovEn. Implements City Council decision ��t,gC R �4C� i Ji;'L �. i �� DISADVANTAGES IF APPROVED: N011O DISADVANTAGES IF NOT APPROVED: Cl� COUT1C11 dCC1S10II W1II IIOt UE 1TY1p1e1T1CIltCd r TOTAL AMOi7NY' OF IRANSACTION: S COST/REVEN[IE BUDGETED: FONDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPI.AIN) K:VSharaMedVAMESAdmin poliuu & BmlerplazuVSample Fmms\01188590 Hmvan ard�vance ge¢n sM1mwpd DEPARTMENTOFPLANNING & ECONOMIC DEVELOPMENT Brian Sweeney, Directar CTTY OF SAINT PAUL Norm Coleman, Mayor Jllile $, 2.��1 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Deaz Ms. Anderson: 15 N'est Fourth Street Saini Paul, MN 55702 o�-�3q � Te[ephone: 611-2666655 Facsunile: 612d28-3374 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, June 27, 2001, 530 pm. for the following property rezoning that has been acted upon by the Planning Commission: Applicant: W. R. HERMAN File Ntunber: #O1-188-590 Purpose: Rezone property from RT-1 (Two Family Residential District) to RT-2 (Townhouse Residenfial Distdct) to allow conversion of a duplex to a triplex. Address: 1812 Portland Ave. (southeast corner at Fairview Ave.). Legal Description of Property: See file. Previous Acrion: Planning Commission Recommendation: Approval, unanimous, June 8, 2001. Zoning Committee Recommendarion: Approval, unanimous, May 31, 2001. My understanding is that this public hearing request will appeaz on the agenda for the June 20, 2001, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6556 if you have any quesrions. Sincerely, �� Donna Drummond Clty PIanllCT cc: File #01-188-590 Allan Torstenson Paul Dubruiel Cazol Martineau W. R. Herman and Angeline Bazetta-Herman _ � �sreuiv � 3 YOTICE�OF.�PfJBI2CHE6RING" -, 'Ihe Saint Paut City"Countll wlli conduct a pukilic�hearing on 4Vedriesday, Jvne 27, 2001,�at5:30 p.m.7CitY,C9�ic1 Cliambers, 3rd FRoor CityHall; to consiiler.Ehe applica- �tion oY W" R�Her,�nan.So-.rezone�pwperty from RT-1 Qbvo-famity Dislrict) r� ur-a �raa.�nou� ��a�,h� visa;�c) � allow cortversion.of a duplex tn a triple2c at 1812 Portland Avenue �(southeast corner at FahviewAvenuej. -- - � - Dated: June 12,�2001 "� ' NANCYANDERSON Assistant City Councii.Secretyry ' (June,14) ' _ "' 81:PAIILIEGAL:_°=••••=•—_ 02U23S59 . : .. � DEPARTMENT OF PLANNING & ECONOMIC DEVfiLOPMENT _ ,� ,� � Brian Sweeney, Direclor 8 � CTTY OF SAINT PAUL Norm Coleman, Muyor JllRC i8� 2�01 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hali Saint Paul, Minnesota 55102 RE: Zoning File #00-188-590 Dear Ms. Anderson: 15West FovrthSveet Telephone:612d66-6655 SairstPaul,MN55102 Faaimile:672-128-33/4 The following rezoning application is scheduled for the City Council's June 27, 2001 public hearing agenda: t. Applicant: W. R. Herman Address: 1812 Portland Avenue Purpose: Rezoning from RT-1 Two-Family Residential District to RT-2 Townhouse Residential District to allow conversion of the duplex to a triplex. Planning Commission Recommendation: Approve, vote: Unanimous, June 8, 2001. Zoning Committee Recommendation: Approve, vote: Unanimous, May 31, 2001. Staff Recommendation: Approve. Public Hearing Support: None. Public Hearing Opposition: One person spoke in opposition. Two letters in opposition (both from the same address) received. District Council: The Merriam Pazk Community Council supports the rezoning. Please notify Patricia James (2b6-6639) if any member of the City Council wishes to have slides of the site presented atthe public hearing. Sincerely, �'w,�.� U �w�-c� Domma Drummond City Planner Attachments ` � cc: City Council members Patricia James 0�-��5 � city of saint paul planning commission resolution file number 0 1-49 date June 8, 2001 WHEREAS, W. R HERMAN, File #O1-188-590, has petitioned under the provisions of §64.400 of the Saint Paul I.egislative Code, to rezone property located at 1812 Portland Avenue, on the southeast corner at Fairview Avenue, from RT-1 to RT-2 to allow conversion of a duplex to a triplex; and WHEREAS, the Zoning Committee of the Planning Commission, on May 31, 2001, held a public hearing at which ai( persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of §64300 of the Saint Paa1 Legisiative Code; and WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: I. The applicants, W. R. Herman and Angeline Barretta-Herman, have requested that the duplex they own at 1812 Portland Ave. be rezoned from RT-I (two-family residential) to RT-2 � (townhouse residential) to allow conversion of the existing family room and bedroom in the basement into a third unit. The structure was built as a duplex, with 3 bedrooms, sunroom, kitchen, and bath on both the first and second floors. The applicants would like to convert the basement into an additional unit for their son, who now lives in the first floor unit. The only changes required to the exterior of the property will be the addition of an egress window and a two stall parking pad next to the existing rivo car gazage. Entrance to the parking is from the alley. 2. The zoning code parking requirement for residentia( uses is 1.5 spaces per unit. 'fhe three units will require 4.5 spaces. In cases where a fractioa of a space is required, up to 0.5, the number is rounded down to the next whole number. Therefore, four spaces are required. With the construction of the two space parking pad and the existing two space gazage, the properiy can provide the required number of spaces. The proposed rezoning to RT-2 is in conformance with the Saint Paul Comprehensive Plan. The City's Housing Plan (1999) encourages the production of 300-400 housing units a year that can be sotd or rented to smaller households. Creating units within existing larger structures is one moved by Kramer seconded by � in favor Unanimous against Zoning File #01-188-590 Planning Commission Resolution Page 2 method that is specifically mentioned (Policy 5.1). T'his rezoning will permit the creation of one additional housing unit in this existing shvcture. 4- The proposed rezoning to RT-2 is consistent and compatible with the way the azea has developed and wi[I not have an adverse unpact on the surrounding area. The property is on the southeast comer of Portland and Fairview Avenues. The other three corners have multi-unit apartment buildings on them and are zoned RM-2 (multi-family residential). The properry directly east is a duplex 5. Duplex and hiplex conversion guidelines for zoning cases have been approved by the Planning Commission to provide guidance for consideration of applications for conversion or development of duplexes and hiplexes. The guidelines for applications to rezone single pazcels to RT-2 for development of or conversion to a triplex aze given below, foilowed by how ttus applicarion meets each guideline. �� a. Lot size ofat least 10,000 square feet This guideline is not met. The lot size of 1812 Portland Ave. is 9,525 sq. ft. b• In the case ofexisting kouses, a gross living area aft¢r completion of the couversion of � at least 2, 700 sq., fL for the tkree units. This guideline is met. Based on Ramsey County tax data, the azea of the structure is 3,320 sq. R. �• Iit tke case of existing houses, four off-street parking spaces (non-stacked) are preferred; tkree spaces are a minimum requirement New triplexes are required to provide four off-street parking spaces. A site plan showing impraved (durable, - d:rstless surjace) parking spaces must be provided This guideline is met. The site plan shows the addition of a two space parlang pad in addition to the existing tv✓o caz garage. homo ene�s s ng[�mily area or t d densi or ___,-. _.. --_- -. d_ The ro e ix ty mixed use neighborhDOd, not in a g � 'n an area where duplexes mtd triplexes are already concentrated to tke point of congesting neig&borhood streets. This guideline is met. The neighborhood is mixed use, but there is not an over concen�ation of dupiexes and h The properiy is on the southeast comer of Fairview and Portland Avenues. There are apartment buildings on the other three comers of this intersection. On both sides of the block of 1812 Portland, there is a mix of single-family and duplex struciures, as indicated by the land use map. During a staff visit to the property, there was available on on both Portlaad.and:Fairview:tivenues. _ -- -- _ � U c� � -� �`1 � Zoning File #O1-188-590 Planning Commission Resolution Page 3 e The uniu must be inspected by the Fire Marshal's Office as part of the Certificate of Occupancy program required for all residential siructures with three or more units. This guideline will be met. The work to convert the unit has not been done. When completed, the building will need to meet all building and housing codes to receive a certificate of occupancy. f. An economic feasibility analysis has been conducted for lhose cases where economic hardship is claimed as one reason for the rezoning request This guideline is not applicable, as economic hardship was not claimed as a reason. 6. The applicant submitted a su�cient petition signed by twathirds of the property owners within one hundred (100) feet of the property to be rezoned (12 paroels eligible, 8 parcels needed, and 9 parcels signed). NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that the petition oF � W. R. Herman to rezone property at 1812 PoRland Avenue, legally described as Egbert G. Handy's Addition to the City of St. Paul, west %: of Lot 11 and all of Lot 12, Block 7, from RT-1 to RT-2 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 1812 PoRland Avenue be rezoned from RT-1 to RT-2 in accordance with the petition for rezoning on file with the Saint Paul Department of Planning and Economic Development. �� p�-'13� � MINUTES OF TtiE ZONING COMMITTEE Thursday, May 31, 2001 - 3:30 p.m. City Council Chambers, 3` Floor City Hatl and Court House 15 West Kellogg Boulevard � PRESENT: EXCUSED: OTHERS PRESENT: Anfang, Alton, Faricy, Gordon, Kramer, Mejia, and Morton Field Peter Wamer Carol Martineau, Ailan Torstenson, Donna Drummond of PED The meeting was chaired by Commissioner Kramer. W. R. Herman - 01-188-590 - Rezone from RT-1 to RT-2 to allow conversion of a duplex to a triplex. 1212 Portland Ave., southeast corner at Fairview Ave. Donna Drummond showed slides and presented the staff report. Ms. Drummond stated two letters of opposition were received from the neighbors Ms. Drummond explained that the revised caiculation for the lot size is eleven-thousand square feet insiead of eight- thousand, eight- hundred square feet as stated in the memo. Ms. Drummond distributed a memo to the Zoning Committee with an additionai recommended finding related to the Planning Commission's dupiex/triplex conversion guidelines. She also stated the Zoning Staff and Merriam Park Community Council recommended approval of the rezoning application. At the question of Commissioner Kramer, Ms. Drummond stated policy 5.1 encourages the production of 300 to 400 housing units a year that can be sold or rented to smailer househoids either new young households, or older empty nests and senior citizen households in both the downtown rivertront area and sites throughout the City. The narrative explains that units could be constructed on a smailer site within each of the City's neighborhoods or created within existing larger siructures. Upon the question of Commissioner Gordon, Ms. Drummond explained that the owners do not reside in the property but the owner's son lives in the first floor unit. Mr. Randy Herman, the applicant appeared and stated there were two tenants on the first floor, three siudents on the second floor, and the basement apartment would be confined to rivo renters. Mr. Herman explained their ultimate plan is to move back into the house when they retire. Ms. Garner,1815 Summit Avenue, appeared in opposition and stated she had concerns about a mixed use neighborhood tilting more toward sium properties. Along Portland there are apartment buildings in disrepair with garbage overflowing the trash bins. There are very few parking spaces and the property values are being adversely affected. She a�so explained that carving up existing duplexes for student housing does not solve the issue of affordable housing. �� Mr. Herman appeared and stated they shared Mr. Garner's concern regarding the balance of the neighborhood. He believes that students are part of the community not separate from it. He aiso explained that he takes pride in his property and they hire someone to cut the lawn, shovel the snow, and remove the trash. The public hearing was closed. 6 Zoning Committee Minutes May 31, 2001 File #: 00-188-590 Page 2 Commissioner Gordon moved approva( of the appiication pursuant to the staf( recomrrtendation with the addi#ional findang recommended by staff. Commissioner Mejia seconded the motion. The motion passed by a vote of 7-0. Adopted Yeas - 7 Drafted by: ^i � Carol Martineau Recording Secretary Nays - 0 Submitted by: �Owrcl��^�"'�' � Donna Drummond Zoning Section Approved by: � � a�/' � Ga�»s/2.� ! Richard Kramer . Chair � 0 � -'13`� • Christine A. Garner 1815 Sammit Avenne 3t Paul, MN 55105 May 29, 2001 City of Saint Paul , Department of Planning 8c Economic Development Zoning Department 1400 City Hail Annex 25 West Fourth Street Saint Paul, MN 55102 Re: File #01-188-590 1812 Portland Avenue Dear Members of the Zoning Department: I am writing to express my opposition to the proposed rezoning of the above property � &om an RT-1 (two-family residential) status to an RT-2 (townhouse residenial). Our home is a single family residence direcdy south of the property. It is our strong belief that the proposed change accelentes an adverse change in a neighborhood that is already faciag an overflow of commercial real estate properties with their attendant problems of pazking, gazbage coliection, lack of neighborhood cohesion and absentee landlords. , We specifically hope that you deny this request for the following reasons: I) The proposed unit will be in the basement of the duplex. The findings of the staff report state that the area involved consists of a family room and a bedroom. There is no mention of the instaliation of a kitchen and bathroom. We believe that this unit — no matter how it is modified — will be suitable for onty one person, presumably a student or, as tliey have stated, Mr. and Mrs. Herman's son. Such a goal is not consistent with the Saint Paul Comprehensive Plan which encourages the production of housing uniu that can be rented or sold to smaller households. 2) We understand the city's requirement for additional pazldng space. However, we would also hope that you understand that this addifionai renW unit's two-car parking area ('m an apartment suitable for one person) wiIl add to yet more traffic congestion in our atley. Currently, we contend with two busy streets (Fairview and Summit), both of which receive more than residential traffc use, and an alley �� that is a semi-private road for the rental tenants on Portland. The trade-offs involved to not seem either fair or commonsensicat. 3) Finally, the siaff report states that the proposed wning wi}1 "...not have an adverse � impact on the surrounding az+ea." I would respectfiilly disagnee. We currendy reside in an area that is an uncomfortabie mix of residentiat and commercial pmpecties. Those of us who live on Summit are mandated to maintain our properties within strict guidelines (e.g.; nenovation, additions, backyard construcflon, painting, etc.) However, our neighbors direcfly to our north seem to be allowed ta do whatever they choose. The outcome will not only adversely affect property values — if not �w, then in the firture —but also affect the sense of community that I for one would like to see increased in our azea I would like to see a decline in the Summit Avenue "�s" vs. the Merriam Park "them" that c�urenfly characterizes the relations between our two areas. We cannot build greater community feeling if we continue to encourage the development of two opposing concepts of urban life with two different sets of tules by which to play. I hope that you give serious consideration to this pmposal and deny iL This nezaniag wi21 benefit neither the neighborhood nor the City of Saint Paui's admirable goal of providing more affordable housing (which I support) to people of moderate and lower incomes. Sincerely, l•.�n;�.�a N, Gan�v.+. � Christine A. Gazner � � W. Michael Garner 1815 Snmmit Avenae S� Pani, Mn. 55105 May 28, 2001 City of Saint Paul Department of Planning & Economic Developihent Zoning Depariment 1400 City Hall Annex 25 West Fourth Sh�eet Saint Paul, MN 55102 Re: File #O1-188-590 1812 Portland Avenue Gentlemen and Gentlewomen: d�-`l�� I am one of the owners of the property immediately to the south of 1812 Portland Avenue attd am writing to oppose this rewning request. � St. Paul is a city with the potential for beauty, rational city planning, appropriate use of existing structures and development of affordable housing. The Zoning Deparhnent should pursue those goals. Unfortunately, the instant proposa( serves none of them. It proposes to convert an existing structure to a use it was not designed or intended for; it will create more higir rent housing in an area that dces not need it; and it will further degrade a neighborhood on the verge of deteriorating. The request shoWd be denied. The Use is Not Appropriate for the Structure The building, 1 S 12 Portland Avenue, was designed as a duplex; with Uuee bedrooms in each unit, it was obviously intended for family use, It is cwrently — and has been for some years — fully occupied by students, several to a unit, who move in and out at least twice a year. The proposat to convert two basement rooms to a living unit simply makes a bad situation worse: it creates an "apartmeat" out of space that was never intended -- nor designed — to be an apartment. Certainly, yoe�ng Mr, Herman does not itttend to make this cave lus permanent home and raise a family there. He will vacate it and We City wili have a dark, damp, sub-grade unit ia an otherwise high rent neighborhood. The structure will suff'er the tvear and tear of yet another series of transient tenattts and ultimateiy, the building will be degraded, p✓hat good i.y there to that? On the present record, there is absolutely noUung to give the Department, the City or me, �� the next door neighbor, any assurance ihat the proposed work is going to be anything but minimal. Is there going to be a kitchen? A bathroom? Is the existing infiastructure suf�cient to sccommodate another tenant? Until we see how a structure not designed for this use will be � appropriately accommodated to this use, there is no reason to grant the variance. The Proposal Degrades the Neighborhood As I understand the wning regulations as they concern student housing, an aparhnent nsay accommodate up to four siudems. So the proposal will take us from (potentially) eight adult residents Yo tcvelve, glus their cazs. Does anyone seriously believe t[�at four parldng spaces is going to be sufficient? The stopgap measure — a paridng pad for two more cars — is, as I understand it, someUilng mandated by a City formuta that takes no account whatsoever of the actual conditions in the neighborhood, aesthetics or land use. The reality is that the proposat will result in even more cars pazked along streets that are already crowde8, and the pad will create an expanse of concrete thaf wilI be vnsigfitty and a nuisance. This is not the way to create student housing or multipie- writ housing; it is a$licted with ali of the wealmesses of stopgap, half-baked, poorty_considered thinking. The neighborhood consists of housing stock that is generaily at least 60 and more likely 75 to 90 years old. Much of it could have a substantially longer useful life if it were kept up and conserved. But mosi of it is already over-taxed with teaants an@ uses and under-maintained, T6e staffreport states that the proposed rezoning "is consistent and comparible with the way the area � has developed and will not have an adverse impact on the suaounding area." What can justifj• consistency and compatibiIity with the crumbling steps and loose window frames on the extetior and the rancid odor in the semi-dark vestibule of 1815 Portland, directly across the street7 What standard for adverse impact is 1822 Pbrtland — where We originai wooden gamges in back are about to collapse; the paint is flaking off the facade; there is a firetrap wooden staircase in the rear; and the stones in the entryway are falting out? pr is 1823 Portland the measure of excellence, with its brick retainiug walll about to collapse into the sidewalk from lack of pointing. I cannot imagine that anyone from the City has seriously inspected the area or the buiidings 8[ound 1812 Portland Go loek at thPm �� .�,.y��.�.�e��anr�ooras-rr+�a they are wom, messy, tawdry, unsafe, smelly and, quitefiankly, frightening_ Is the staffreport seriously saying, "I,et's have more of this!" =Please; leYs not approve a zoning change because iYs going to nurture more of a bad Uring. The Proposal Does Nothing for Affordable Housing Even the Hermans, the owners of 1812 Portland, acknowledge that rental properties in aPazhnen is�o'm fo solve the Ci s affordable riotisly thinlcs_ that creating a_ basement .� . P . 8 8 ty housing problem? T'he staff report's observation that the City's Hovsing Plan calls for creation of additional units for af�'ordable hovsing, and that pernutting ttus use will further that goal, is pure sophistry. Once their son moves &om the first-floor apartment to the new basemeat apaztment, do the Hermans intend to � advertise the newly-vacaat uait in the local Hmong newspaper or in the Somali community? 1s it >•-, � going to be advertised — and priced — so that a Latino family, who realiy needs such a unit, will be able to live there? I will gladly drop my opposition when I see the Iease signed with tha Rodriguez or the Vang famiiy, Seriously and realistically, the staff report simply has no record support for a finding that tfie City's Housing Plan wi11 be served or that any objectives of good city planaing and laad use w�ll i�e served- There has been no specifio investigation; there is no refereace to actual inspec6on of the property or neighborhood; the staff has apparenfly relied entirety on the unsworn applicatioa of the Hermans, St. Paul has serious problems that are the result of decades of poor zoning and poor Planning. If it is going to grant variances, it should do so onlg upon a solid, factuat record and the exercise of rigor and standards of excellence in applying good standauis. Unforiunately, I find that lacking here. d � �� In conclusion, tlus rezoning proposal will create a bad housing unit in a shucture that wasn't designed for it; it will add congestion to an already overcrowded neighborhood; and will not serve any of the interests that the City purports to serve. On the contrary, whose iuterests will be served? Well, the Hermans will get more rent on their investment property (which is listed on the property records as theu home for homestead purposes, along with their house at 2000 Marshall Avenue); end the private-school students who can afford both tuifion and an apartnient will have a place to live for a summer or the school year as they pass through St. Paul. But for (� those of us who make our permanent homes here -- and invest our hard-eamed money in our real estate and in this City — it offers nothing. A variance is a change from an established plan. It should be granted oniy for sh�ong reasons, on a solid record and after rigorous, thorough appraisal. That is not the case here. The proposal should be denied. Very truly yours, �� - W. Michael Gamer � BI-`Z'S ZONING COMIVIITTEE STAFF REPORT a FILE # 01-188-590 1. APPLICANT: W. R Herman 1�FARTNG DATE: 05/31/Ol 2. 3. 4. 5. 6. 7. 8. A. � B. C. TYPE OF APPLICATION: Rezoning LOCATION: 1812 Portland Avenue (southeast comer at Fairview Ave.) LEGAL DESCRIPTTON: Egbert G. Handy's Addition to the City of St. Paul, west'/z of Lot I 1 and all of Lot 12, Block 7. PLANNING DISTRICT: 13 (Merriam Pazk) PRESENT ZONING: RT-1 ZONING CODE REFERENCE: §64.400 STAFF REPORT DATE: OS/23/Ol DATE RECEIVED: OS/O1/Ol BY: Donna Drummond DEADLINE FOR ACTION: 06/29/01 PURPOSE: Rezone from RT-I to RT-2 to allow conversion of a duplex to a triplex. PARCEL STZE: 9,525 sq. ft. in a corner lot, with 63.5 8. along Portland Ave. and 150 ft. along Fairview Ave. EXISTING LAND USE: Duplex D. SURROUNDING LAND USE: North: Multi-family and single-family residential uses in RM-2 and RT-1 zones. East: Duplex and single-famity residentiat uses in a RT-1 zone. South: Single-family uses in a R-3 zone. West: Multi-family uses in a RM-2 zone. E. ZONING CODE CITATION: Section 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, orsubsequently established herein pursuantto the provisions ofMinnesota Statutes Section 462357 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 ptanning commission or by petition of the owners of siarty-seven (67) percent of the azea of the property to be rezoned." F. HISTORY/DISCUSSION: There have been no previous zoning applications or issues for this �� property. Zoning File #01-188-590 Page Two of Two G. DISTRICT COiJNCIL ItECOMl)'IENDATION: Ttte Merriam Pazk Community Council has recommended approvai of the rezoning appiication to a[low conversion of the dupiex to a triplex. H. FINDINGS: 1. "Ihe applicants, W. R. Herman and Angeline Barretta-Herman, have requested that the duplex they own at 1812 Portland Ave. be rezoned &om RT-i (twafamily residential) to RT-2 (townhouse residential) to allow conversion of the existing family room and bedroom in the basement into a third unit. The structure was built as a dupleac, with 3 bedrooms, sunroom, kitchen, and bath on both the first and second floors. The appiicants would like to convert the basement into an additional unit for their son, who now lives in the first floor unit. The oniy changes required to the exterior of the property will be the addition of an egress window and a two stall pazking pad ne�ct to the existing two caz garage. Entrance to the pazking is from the alley. 2. The zoning code parking requirement for residential uses is 1.5 spaces per unit. T'he � units will require 4.5 spaces. In cases where a fraction of a space is required, up to 0.5, the number is rounded down to the next whole number. Therefore, four spaces aze required. With the construction of the rivo space pazking pad and the existing two space gazage, the property can provide the required number of spaces. /� 3. T1te proposed rezoning to RT-2 is in conformance with the Saint Paul Comprehensive Plan. The City's Housing Plan (1999) encourages the production of 300-400 housing . units a yeaz that can be sold or rented to smatler households. Creating units within - existing lazger structures is one method that is specificalTy mentioned. This rezoning will permit the creation of one additional housing unit in this existing structure. 4. The proposed rezoning to RT-2 is consistent and compatible with the way the area has developed and will not have an adverse impact on the sunounding azea. The property is on the southeast comer of Portland and Fairview Avenues. The other three comers have muiti-unit apattment buildings on them and are zoned RM-2 (multi-family residential). The property directly east is a duplex. 5. The applicant submitted a sufficient petition signed by two-thirds of the properry owners within one hundred (100) feet of the property to be rezoned (12 pazcels eligible, 8 pazcels needed, and 9 parcels signed). I. STAF'F RECOMIVIENDATION: Based on Findings 1 through 5, staff recommends approval of the rezoning petition to rezone the property from RT-1 to RT-2. ,. o�-�� PETITION TO AMEND THE ZONING CODE Department of Planning and Economic Development Zoning Section I400 Ct1y Hal! Annu 25 West Fou�th Street SaintPauJ, MN55102-I634 (651) 266-6589 Properry APPLICANT PROPERTY LOCAl'tON City � � t � Contaet Person (if Address / Location Legal Description loi' �a g�k (attach additionai a.-t1 .fl � N Zip necessary) ;°�--.=3� {;:��:::; . . �._ .-- .. ._, "�`7' - 3 Zoning tZ•T- � TO THE HONORABLE MAYOR AND CITY COUNCIL: Section 64.400 of the Saint Paui 2oning Ordinance and to Seetion 462.357(5) of Minnesota Statues, '� u0�� , owner of land proposed for rezoning, hereby petitions you to rezone the above described property from a � I � zoning district to a�T � zoning district, tor the purpose of: L'onver+ -�'y �xis4o�y roo�. +a base,me�•�t b� dreow� a�d Sel� - con�l-atned aP afih'►ewZ` (attach additionai sheet(s) if necessary) Attachments: Required Site Plan � Consent Petition C7 AtSdavit � Subscribed and sworn to before me this R3d'h day � i :� 1.Y5,i� : � 20 0L• !. � .I,�,. , i ' �- �- ./�!_ � •�. _ _ / " ' r• p � g Rp, g, BRANDIS �� NOTArT(PUBUC µY COMMISS{ON � r EXPtRES JAt1.3ti.2005 Pa9e 1 of _� City of S� Paul Plannine and Economic Development Zonino Department 1400 City Hall Annex 25 West4`" Street St. Paui, MN 55102 651-266-6583 (FAX: 651-228-3220) April 13, 2001 Attention: Paul Dubruiel & Donna M. Drummond Re: Rezoning request for 1812 Portland Avenue We are requesting a rezonina of our property at 1812 Portiaad Avenue from a. duplex to a tripiex. This is a purpose built duplex with 3 bedrooms, sunroom, kitchen, and bath on each floor with separate utitities. This property is on the southeast comer of Fairview and Portland—the other three comers are bound by apartment buildinas. � The first floor was our primary residence during the first five years that we owned the property and included a bedroom and a family room as part of the basement. We would like to conveR those existine rooms into a small self-contained apartment for our son who is currently livino in the fint floor apartment and homesteadino the propeRy. � The only changes to the exterior of the pcoperty will be an additional eoress window and a two stalt parking pad next to the exis6nQ two car ;arage. Entrance to the parkine is from the alley. A poRion of the existina fence and hedae along the alley side will be retained to offer protection from the street. We have invested heavily in renovations and upkeep of this property and will continue to do so. We are hopeful that the plan will be approved so that this project can proceed. � ��' ' 7� �� " , ��%; i � � ! W. R.andolph Herman Anaeline Barretta-Herman � �. Apri17, 2001 Dear Neighbor. We are the owners of the dupiex at 1812 Portiand Avenue \ � � , �� 1�� ., , � ` of Portiand and Fairview). We woutd like to convert the existing basement bedroom and fami{y room into a smatt apartment for our son. Since this wouid constitute a zoning change from a duplex to a triplex, we are coming to you to discuss our pians, answer any qusstions you may have about the proposed project and ask for your approval. Only two changes to the outside of the building would be required. One is the installation of an egress window on the southwest side of the buiiding to meet � �=fire and safety regulations. The second would be provision of two landscaped off- istreet parking spaces on the west side of the existing two staii brick garage. V11e have owned the dupiex for ten years and have invested heavily in renovations and upkeep and will continue to do so. We are hopeful that you wiil approve of our pian by signing the petition so that this project can proceed. Sincerety, Randy and Angie Herman 651-642-1783 � -'13 `� �i %�'�`� ��//��a.� ��c� � �� N � `� D ��S'� ; ! � - -- ---- --- -- s i o E W A/r� � � ��. � � � ;'1 � .\ � � --��r � � j � F� r !F � 5� � � �� 1 -- �� _ , �-� � � — --- � t �r� � , �- - � � - �� _ �`` � '�., _ c _�� y ��'� �� i8'— /� �< <� �� V � � �U � � � � 1 � � �� -I�' ? r o `-�� City of S� Paul: Plannina and Economic Development Zoning Department 1400 City Hall Annex 25 West 4`" Street St Paul, MN 55102 651-266-6583 (FAX: 651-228-3220) Apri130,2001 Attention: Paul Dubnciel & Donna M_ Drummond Re: Rezoning request for 1812 Portland Avenue ' Attached you will find an excess of the required sianatures in support of our request for rezonina of our property at 1812 Portland Aveaue to permit converting our purpose built duplex to a triplez. We were able to contact nine of the owners of the 12 properties within 100 feet of our property and to obtain their support of our petition as follows: 1823 Portland Roland Johnson 1815 Portland Craig & Darlene Miller 1809 Portland" Chris & Tammy Niemeyer 1805 Portland Lucille Ablan 1812 Portland W.R. & A.B. Herman — petitioners 1808 Portland Charles & Kathleen Maeuire i� 1800 Portland Patrick & Mary Ann Ially 1825 Summit Chris & Kathy Miilich 1801 Summit Edwin & Milda Fooelman We have been unable to contaet the remaining three property otivners despite sevenl attempts by phone, letter, and physically going to their homes. The neighbors that we have contacted were shown the site plan (or in the case of Mr. Roland, sent a copy of the petition and the site plan) and are in suppoR of the petition. One neiahbor (Christine Flinn of 1815 Summit, the property directly behind our property) was concemed abovt the required size of the parking pad in our iniYial contact with her. We have not been able to contact fier since we drew up the site plan that shows clearlJ• that the parkino pad will be directly behind her existing garage and as much of the hedge as possible will be retained between the street and the pad along the alley side. �Ve are on the May 2° 2001 agenda of the Buildino & Land Llse CommitteE of the Merriam Park Community Council. Their recommendation will be forwarded to the May Board Meetine of that district councii. It is our understanding that our petition will be sent to the Zonina Committee at the end of the month. Please contact us if you need more information. �� Si ers ,� . ando an & Angeline Barretta- erman 2000 Marshall Avenue, St. Paui, MN 55104 : : . _ . ... . - . . - ', . _ . _ . . . . _ . " . . . . . ' j' . ' , � � � -� - . . � 70IVING P��'ITION SUI'I'iC1�NCY CIi�CK SH�LT .� . . . 22�Z0\'TNG . . • SCUP ' nCUP . FIRST Si3BMITTED DATE PETITIODf SUBMITI'ED: �{ ` � � 'D , DATE OFFICiALLY RECEIVED: PARCSLS ELIGIBLE: ( � PARCELS REQUIRED: C� PARCELS SIGAIED: � DATE PETITION RESUB�fITTED: �� b � DATE OFFlCIALLY RECENED: S 3'U ( PARCELS ELIGIBLE: I � PARCEIS REQUIRED: � YARCELS SIGNED: � � CHECIiED BY: �� DATE• �� •� I - S - 3 -u ( � � � � - z�NING �iLE - �� • . . , . -� _ _ -. . MAY-03-2E�1 14�59 PED 14TH FLUOV?' E.51��'� P.05iFi5 ��-�` � � AFFIDAVI1" O� P�RSOI�t CIftCULATlS�[G TH� CaNSENT PETftION STATE OF MINNESOTA) :SS COUNTY OF RAMSEY) w, t`�.�t,� do l�O h Nefmu..n c�..._c� A.2c�e l ine (3u.r�e`�*- �et�n , being first duly swom, deposes and states that helshe is the person who circu�ated the consent petition consisting of pages; that affiant represents that the parties described on the oonsent petition are all the respective owners of the properties p�aced immediately before each name; that affiant is informed and believes that each of the parties described on the consenf pefition is an owner of the property which is within 100 feet of any property owned, purchased, or soid by petitioner within one {1) year preceding the date of this petition wt�ich is contiguous to the property described in the petition; that this consent was signed by . each of said owners in the presence of fhis aftiant, and that the signatures are the true and correct signatures of each and all of the parfies so describ� `� � / �� v- N E j �� /� � / � � a � � � 6s�i- G �a - ��83 TELEPNONE NUMBER Subscribed and sworn to before me this ,�__ of � �0�'1�. � Page of �. 1/3/DO T�TRL P.N` e °"" BETfYJ.KARSCHNIA NOTARY PUBLIC • MMiNE50TA �• MY COMMISSION EJCPIRES .,�.r JANUARY31,2W5 MRY-03—�01 14=58 PED 14TH FLOOR �'�TZT�ON TO R�ZON� A.rx�rbAVir OF F�TIT'IOIVEI2 STATE OF' MIIINESOTA) � :SS COLN'I'y pF RqMSEY ) W. (2�C�o�p( (�erin�i.s�. u.� TGe petitioner, �e(i ns Qeqtr'e'�}y fEt�Maq , beeng first duty swom, deposes and staYes tizat ilie consent petition contains signatures from at least tsvo-ihirds (�/a} of a1t eligiBle properties �.vitl�in 100 feet of all property otivned, purchased, or sold by peEitioner �vithin one (1) }•ear preceding the date ofthis petition «�hich is contigueus to the property described in the petition; petitioner is informed chat the consent petition must contain signatures from eacti and ail o4men of joindy-on�ned property in order to constitute consenf from that property and that failure to obtain consent from each and al! oumers could invaIidate the consent petition; petitioner belie�•es that the consent petition tivas signed by each of said o«•necs and ihat the signatures are the true and correct signatvres of each and a21 of the parties so described. - ��- � � � � N � �� ` ��_ ADDRESS ' . _ �S/- 6�F�-/7�� TELEPHONE I�UVIBER Subscribed and s�vorn b fore me this ,i _ ___ day of c75)�_�� - _��0� IJ � C _ _ �� 6ETfYJ. KARSCHNIA r xor ix : MYCAMMISSIONp�i�E$ �:..-. JANUARY31.2005 Page J� J. of U3]/97 � APR-24-2001 13:30 PED 14TH FLOOR 65122832R P.02iO4 . . •� iT•.Y�!'.. , • •L" • . -•�e.•' • . . . - . � -: ' - , . Cx'Z'X O�` S.A.�N'T �A.Ux, • . ,: o,-�� CONSBN'f'•OF AD70INING PROPBRTY OWNERS FOR A �• REZONING • Wo, Qu undersigned, otivtters of the propcdy wiQiin 100 feet of0ee total eontiguous dcsetiption of teal estate o�vned, purcGased, or sold by THE PETITfO� IGR within on: yrar preceding !h� date oF this pclition ' acknawted;e tl�at �ve havc bccn presented �eitk tlu follo�ving: 1. A eopy of the p:tition oF U� . ' �r �� L '� `-' � -"�' � � • (name oFpelitio r) to iezone et,c properey locnted ac 1� I� �or'f �e� /1 G� -. froro n��zoning distriCt to n�r � zoning district. . 2, p eopy oCsections,��L tivouoli .H�L3 inelusive oFthe Saint Paut 2onin� Co�:; and ncknowlcdga tlint �vic erc n�vare of a11 of tlie uscs permitted in a� zonino distriot and tve aro nwarc ti�at eny of tUesc us:s enn be established upon Ciry Courteif approval of ttie re:oning. \Vc hereby . consent to thc rczoning of tlie property in thc petition of; (N - f� cas��iL.y�lt�---__��(+�7 Zzoniiig dlstrict. (Name ofpetitioaer) 1Vc consont to flic :��,proval oi this rczoning as it tvas explaincd to us by thc rpp]'clnt or 1�is/licr represcnt�fiYc. � nnnr r�cs �n r:�.� 1 /SOO�L�/a 182 � l�� j ! So� Sc��. �P.�C�i 11, P✓��+1 �I o9el�4 �b( an u�� /� �laM � e�dtq r��i� �!/, j2.'f�ertrla/1 � ��u� �� - .��. , �u�.r.uuc�c�.�� '� y • • • i�/�N/�/�� . , ,-, - , o� o r � o � .. -�l � �___. =_g-� ��-� � 25�a l � -ZS•o-► / �' a � + N �HL� �'' ��o/ hOT�: This pctition shatl not e considere as ially fil:d untit tnc lapsc of s, en (7) �tivrking l• , �daysafteritisreceivedbythsPlanningDivision.Anysignato:ofth name therefrom by tvritten rtquest wiihin that iime. •'.� :: RPR-24-2001 13:30 PED 14TH FLOOR 6512283220 P.02iH4 • '� v7•Y�t'.. . • '�'. . _ . r • . . , . �.'. . y. . , . .. �� - .. ' ' " . � Cx��' O�' S.A�xNT �.A�U'L , , CONSBNT'•OF AD70INING PR�PERTY OWNERS FOR A • REZDN�IYG . � \Yc, tlu undeaigited, owncrs of tltC property►vitliia 100 fent oFdte wtat eontiguous dcscr�ption of teal cstatc owned, purchased, or sold by THE PBTlTfODIGR �vithin one yrar prcceding ilte date oP thit petition ' � acknowledQe thai we havc bcen presentcd �t ith ti�e foilotivitl;: I. Acopyoft0epetitionof Uv • ,C • �r�' �' t��5`�� " (rtame of petitio r � to rezone i4e property located at f� 1� �p/`7� �f3 /1 G� -. from a��zoning dis�rict to n�T � 2oning d'utrict. . , 2. AeopyoCseetionsf .+�3t t}�rough .yi�3�tnetusiveoftheSaintFaulZonin�Code;and aaknowlndge thst �vc ara awart oFnll of the uses ptrmuted in a� zoning district and we art a�vare tlwt any of tbese uses ean bc csta6lisbed upon Ciry Couneit approval of tt�e remning. We hercby . ' consent co ihe rczonine of tiu property in il�e petitioe oF, !N ` K.� �1�1-P�y�t�T" `��,��7 zzonirig district. (idante oPpetitiaier) tiVc conscnt to tlic approval of fhis rczoninb as it �vas expIflined fo us by fhc ��rppliclnt or his/licr representltiva � f$O�-fland �a-{Y`Ic.�� l t82 � Su��.-�� d�° �.6,�'s� !�1 ��1 ti1,ldA �� r � � , O'y�b7��/ O'f o 8fdz � o o� 0 1 /, �- oi .. -� �� . . . ---- -o/ .U, u �� e �(o( a/1 � r�s� he i o� cr - ra r a � I er' --- '�,�,�, /a t`�l�rr1 I W R. '• y .��"7T.�a� d/ � a � � � i�OTL• : This pctition shall t be considered as o�ct � days aftecitis received by thePlanningpivision. My name tharc&om by wriiten rcquest �vithin that time. ,� _ 1- o/ :', �. _ =�; -�a � . .� ; _. "' o� 1'�'��-"��: �-a7��i��" oi scYcn (i) Kvrx��is snay �vithd�n hismer ,;`; . ..� - � APR-24-2001 13=31 � 14 Tf'� �� ' CITY OT' SAINT' PA,YJL � . ... � � - - CON$EN'I'�UF ADJOII�IING PROP�RTY OWN�?RS FOR A � - . .�zolv,rlvG �� , n / , P.04iO4 8 l-`l�� We, the urtdersi�ned, o�mcrs aPthe property �vithin 100 feet of t�e total eontiguous desuiption of reai atate o�vned, puccliased oc sold by 7HE PETITlONLR within one yenr precedin� the t�ate of this potition acknowledge that we liave bccn presrnted ��tG the follo�rine: l. A eopy of the petition oF yY � 7�`�' � ` �� i"' �� (name of petitioner) io rezone thc property located at /�� - �!'f �e`� 11� . from a �� zopin ; district to a,�� zoning distrIct, 2. A Copy of sections /� 3�tiirougli �� f the Sai�tt Paul Zoning Code; and acknowtcdge that we are a�var of all of the us�s permttted in n,�, zonin; district znd we are ativare that any of these uses can be establislted upon Ciry Councii app�oval of the rezonins. lt'e hereby eCnsent to Nie rC2oning of tlie property in !lu petition oF; �1�- +� ��1��"-' toa_��zoningd'atriet. (N. me oFpttitinncr) � '4„� C� days aftet it is receyrtd by the PlanningAivisiori. Any sigaator oi uu+p�««�=_ �,�� •------ ,, name therefrom by ��Titten request within that time. •' .; • � � 70TF!- P•� . ,� . �:t :; �•. �Yc conscnt to tl�e z►pprovai of this rezoning as it tivas expinined to us by the �'-R 24-2001 13:30 Pm 147H FLOCR . . 651r�u�r�a P.02iO4 � � , `7:Yq: ',. . . •t" . . .•,;..' • . . , - . • -: " : • CxT'� O�' S.A.xNT ��UL ., CONSENT•OF ADJOINING PRaPBRTY OWNERS FOR A ' • �ZONING - � We, the undersigned, otivncrs af tl�c pronedywithin 100 feet oCtlu toial eonti�uous dcseription oP ral estate otvned, purctwsed, or sold by THE P$TI7tOTFGR �vithin one }roac precedina tlte date of thit petition ncknotivledge that wo have bacn p�csenled wltit ihc fotlotivi��: - / ' 1. Acopyofthepetitionof Uv • „• �� ' t � , (name of petitio r) to rCZOne tlic property Iocated at l�/� �orf Ia n d � •. Gom a��xoning distriCt ta a�T � 2oning c�akiet. , 2. Acopyofsections •�f31 through nefinotvicdge that we are a+vnro oFaii of tlu uscs permttied in.a� zontng district 8nd we nre mvare tl�at any or tUese uses enn 6c cstabtished upaa City Courtcit epproval of the remning. \4e hereby . eonse 7 xo the razaning of tlse property in tlie pctition oF, ,�/ �/"' " IC-� �l�'� "T7. )�A l6h f'�� x2enirir tliclriCt_ 1Vc consent to flie zpprovai of this rczoninb as it tvas expl.�ined to us by thc r�pplicanf or his/lior representafivc. j800t�.f/and f'a-h^rc.fc G l82 � �ut•�'� �°. �ii��5-fn he_r l 4�1 � �- �,�dA �� so.3' ��.. �-u u u.� l�� 'ia t'�l�r� �3 � /.:�� .� — - :' �..i . L..��!i� w � . _ f /:�'� ;iL ///. -r�� ' �_, _ �'s�� i, _ � , , "oy/b7/o/ O Y o Sjd7 0 0� o> _, _ • •- . � � y 1 0 / " �l-�'a•o . . Y�Q�DI I�OT�: This pctition shall not he considered as officially filed unti! thc lapse of seyen (?}xvrking � days aRcritis received by thePlanning?�ivision. Any signetv: oFthispctilion tnay tivithdaw his�� name thercfrom by wrilten cequest �vithin that iime. ,• •• ..� . .� . _ . � �.-� � � ... � � � /��3 � fl4 f�Ue 4�1 c� ` , .�'� � � r K � , � � �.e. � � � r e �1.� ��, � � �5 ! / ) I � �. r 11; h t.J a. 5 .21 ; m � n q�e G� B Yl D k✓ � � d-e. 1 • - D -� ��a;r r/ i 2 tJ /� v sz , � tJ � l� Co � sen � �c �d!/S Y2 2D�? r!� l� /~� �op5 I'1e� 5 ,.,L . .�-- • � Lj � fr� e / � Y �/! / /1 ! -e- ►� �e �...e. � � � ` � . - ��'�'" /�� `-y--�-� � _ .:�.. ".:c ;t�;:i r� � qPR-24-2001 13�31 PED 14TH FLOOR 5,51'raz��a � CX�`Y OF SA�TT PA7JL � . .: � : . . . . CON$EN'T'•OF AD70II�IING PROP�RTY OWNERS FOR A . .�zoN'��c �� tiVe, the undersigned, otmcrs oftlu property �rithfn !00 feet ofQx total cronu�nious descdption af reat estate o�vned, putchnsed, or sold by 7HE PETII'IONER �vithin one year pcceeding the date of this petition acknowledge that �ve Gave bccn presented �eith Ute foilo�vin;: 1. -Atopyofti�epetitionof �� m�� /��M'�� (namc oEpctitiontc) to reaone the property Iocflted at /�� - �/'f �e� /7d , from a '� l zo}�ing district to a c Z zoningdistrict. • 2. Acopyofsections�n�,H�3�dirought��inciusiv ftti•SaintPautZoningCode; and aeknowicdge tliat �ve nre awu of all oF the uses permitted in e, P T'� zoning distriet xnd we 8te ewnrc tltat any of these uses ean be esta6lished upon City Counci( approval of tht rezoning. 1ti'c hereby consent to tlie rezoaing of the property in lhe petition of; ��`'" � � �� toa_��zoningdistriet. ' (N. me of petitioncr) r ' � 1Ve conscnt fo flie npproval of this rczoning as it `vas eapinined to us by the �PP�lc�nt or his/hcr representativc. _a5_ o f . � . - -_ - _ _. _ --__ _ . :__ .__ _ �IZOT�: This petition shall not be tonsidered as officially filed until tae lapse of seven (� lwdung , daysafteritisrecei�•tdbythePlanningAivision.Anysigaatorofthispetitiontnaywithdrx�tihis�he� � name thereFrom by ►�Titten nquest within ihat tinie. -•_ .,. TOTf1- P.04 ••••••� � �r-�un eL I i i �.. � � 1 W t � � � -- —.�� /-----} �- --- -}--- �V��f� �---_... _. . - - -...-- '?LtCA�1T W �" ` �ec mar� LEG�NO j �EZont �tIM �•� ��Z �°°� zoni�gd�striclb»nda�Y L E fU� �Q� DATE �� << sub;e7prope��y � • ••...•• ••••••� �-----�- --- � � --_7 _tJG. D.S7.._.�— l�1AP ;: o one (amily • � ^ comme :�z: �� , ¢ r.�:orz„�i� a bA ��s�:�z� s-':� . �StSll multi�l>lamitv 1'vz�a�: ;� HA1�t.YNE DI57RICT l3 U ,� . �� .� - I � t � . . _... ., - • ` •_ -.i,: _ . 'r.4.. �Ot-�3q 1. SUNRAY•BATTLECREEK-HIGHWOOD 2. HAZEL PARK HAI)EI�I-PROSPERITY HILLCREST 3. tiYEST SIDE ' 4. DAYTONS BLLTFF 5. PAYfdE-PHALEI�i � 6. NORTH END �.5� 7. THOMAS-DALE �Q' � � 8. SUMMITUNiVERSITY • 9. WEST SEVEI4TH • 10. COMO il. HAMLINE-MIDWAY ' . 12. ST. ANTHONY PARK /�� MERRIAM PARK-LEXINGTON HAhII.INE-S14ELLTNG H.4MLs'•1E 14. MACAT.ESTER GROVEIA�TD 15: HIGHI.ANll 16. SUMMTT H1I I, 17. DOWNTOWN " C1TiZEN PARTTCIPATTON PLA2�INlNG DISTRICTS . �. .z �� ► / Chrtsllne A. Garner W Mir.haet Garner ] 815 Summit Avenue Sl. Paul, MN 55105 June S, 2UU1 ��,�7 C w• R. & A. B. Herman 2000 Marshall Avenue St. Paul, MN 55104 651-642-17$3 Re: St. Paui PEx7 Flle Ol-lE8-590 Dear Christine & Michael: Ol-'1 Altl�ough ynu menti�ned your objec;tlon to our re;rt�ning request and stateci y�u wouid be at the hearing last Thursday, I wa;h quite taken back not to be �iven copies ol' your letters until the hearing w�as aboul tU begfn. Alihough I share similar concerns about the challenges ��P living in a communily wrth a mix of multipl� and single famlly dw�ellings, I noted thzt many �f your stated concerns seem to be about nelghbc, ring properties not oux prc�perty at 181'L P�rtland Avenue. � wauld Sike io address what 1 see as the inaccura�:ies in your restimony and Ietters. Yow concerns that our constructuan wili result in a "cave" reIIeci distrus� Just as 1 trusl that your current a��enovations w1I1 be oF a hlgh caliber, y�u can expect the same qua�lty ln oun� additi�n SinCe we both are committeci to high st,anciards in our neighbc>nc�iod. Not only wlll our apartment compiy with ail zoning and code requlre�nenLS bu[ we are working closely wiih vur builder to create an estheticaIiy pleaSIng living environment for our son whc> Is ic:gally homesteading ilu� propeTty. You �cpressed concerns atx�ut frequenl tenant ch�amges but our leases have been for two year periods;�.s we are mindfui of m4mimiz9ng the impact of transitions. We wc�rk at the prvperry regularl,�,� and tetain lawn, snow remaval, R trash services. 1 do not petce3ve of my ;;eif as an absentee landiord since I Iive in the neighborhood. I hope this clarlf3es some of the concerns you not�d in your letters and testimony. I am committed to ma.intaining and in�rc:asing ihe value of my property and continuing my c•ontribution �o the neig3iborh0od as a desirabie place to live. ` Slncerely, Cr. St. Paul PFn 2 � �-��y w. NIICHAEL and CHRISTINE A. GARNER 1815 Summit Avenue Saint Paul, Mmneaota 55105 dnne 25, 2001 Saint Paut City Council Planning & Economic Development 1400 City Hall Anaex 25 West Foucth Street Saint Paul, Mn. 55102 Re: File O1-188-590 Rezone property from RT-1(Two Famely Residential District) to RT-2 (Townhouse Residentiat District) to allow conversion of a duplea to a triplea Property nddress: 1812 Portland Ave. (the "Property"); Applicant: W.R Herman Hearing Date: Wednesday, June 27, 2001; 5:30 p.m. Dear Councii Members: We are the owners of the property to the immediate south of i812 Fortland Avenue and submit this written opposition to the application of W.R. Herman to convert the existing duplex to a triplex (the "Application"). There are �ree important reasans to deay this application: — The proposed conversion is contrary to Saint Paul's Comprehensive Plan. — The Staff Report's findings aze unsupported or flawed. — The proposed coaversion is a private commercial venture that advances no public �test; Saiat Paut loses — it does not gain. 1. The Proposed Conversion is Contrary to Saint Paul's Comprehensive Plan The City has adopted a Comprehensive Plan (the Pian) to attain long-term objectives for maintsiningantlenhancinghousingandmeetingtheneedsoftheCity'scitizens. ThePlan's`�ision" for the future focuses on quality; it projects that Saint Faut "will have maintained a strong commitment to the rehabilitation, maintenartce arrd preservation of its existing housing stock and D i -�'�`� it will have increased its code enforcemenf and compliance ef}'orts in order to increase the general level of housing quality throughout the city." {Plan 1.0) To that end of maintaining and enhancing the quality of the City's housing stock and neighborhoods, the Pian articulates three strategies, the fust of which is "to take care of what we bave" by "preserving bo�h the physical struchues and the neighborhood chazacter they define (Plan 2.0). Thus,tl�Planstatesthat"[Mjaintaia�—and,wherenecessazy,repairing_whatisherenowmay be the most important tIung fhe City and its partners caa do... " Echoing the theme of quality, the Plan recogttizes that the "physicai features of neighbarhoods" ariract people to Saint Paul, and that the City must encourage "Quatity azchitecture and iandscaping to define the sbreets and otherpublic spaces." (Plan 4.1). Other tactics in this strategy inciude continuing the commitment to the preservation of }ustorically and archiYectutaily significant buitd'tngs and neighborhoods (Plan 4.2); stepping up code enforcement (Plan 43); stemming deteriorarion and declining values (Plan 4.4); and improving management and maintenance of rental property (4.5). The proposed conversion is contrary to all af these goals and strategies. It converts an existing duplex into a tripiex by creating abasement apartment out of space that was never designed to be used as a living unit This will degrade the existing structure by snbjecting it to a use for which it was never designed; put a concrete pad where there is now a lawn; and adversely alter a property. that is immediately adjacent to the Summit Avenue Historical Area. Tlaere is not a singie word in the application, supporting papers or staff report to show how this conversion will achieve any of the goats of "taking care of what we have." The Pian repeatedly recognizes that rentat properkies are "among the most vuinerable residential structures in the city's housing stock" (Pian 4.5) and that smaller rental properties like tius (1 to 4 units) "are the kinds of siructures that are at trighest risk of becoming `problem properties' or vacant buildings" but that "maintaining them in good condition represents the most cost effecfive way of providing affordable housing." (Plan 6.9). There is nothing in the Applica6on or the staff report to suggest that the Property will not fall �ictim to the very deterioration and degradation tl�at the Plan seeks to avoid — and there is significant evidence to suggest that it will: — As noted, the Property is to be converted to a use for which it was not designed. — The Property has been, and to our Imowledge will continue to be, rented to students; whi}e ihey are indeed members ofthe community, they aze, by their nature, transients w�O B� no �ong-te�m iuterest in pres�vation or maintenance of the property; mareover, by their nature, they subject a pmperty to hazd use because a number of them live together, as aduits, in a singie unit — The Property, moreover, is located on a comer where the three other comer structures are poorly maintained, deteriorating aparnnent buildings. To the east is a poorly- maintained multiple-tmit hovse. E d t-��`� — The Property is not owner-occupied, a feahue that the Plan repeatedly smphasizes as key to maintaining the quatity of sma31 units {see, e.g., Plan 6.9). While we are told that the Hermans' soa will five in the basement apartment, he is not the owner and is certainly not there for the long term. Finaliy, there is nothinglo suggest thaY the Applicadon will accomplish any of the other objectives of the Plan: developiug housing for smaller househoIds and pursuing affordable housing. The Property is vsed for student housingfor u�ftuentshrdents who choose not to live on campus. Based on what we can see, it drives up rentai prices and shuts out the Latinos, Somalis, Hmongs and others who so desperately need affordable housing. If Saint Paul is serious about implementing and pursuing the Plan, then it will accomplish its goals only on a step-by-step basis. The Proposal clearly is a step away from the Plan's objecrives and toward inappropriate properry use, degradation of the neighborhood and deterioration of the housing stock. 2. The Staff Report Is Based Upon Flawed Procedures and Inadeqnate Information. The Staff Report, on which the Planning Commission approved the Proposal, has a number of flaws: A. The Proposal admittedly does not meet the lot size requirement of at least 10,000 square feet (Memo of 5/31J01 from D. Dnunmond to Zoning Committee). Norivithstanding the failure to meet the requirement, the Staff recommended approval based upon an as-yet-unapproved guideline. The staff report offers no juskf;cation for the deviation frnm rxisting guitielines. B• The ProPertY is in foct in an area where duplexes and triplexes aze "concentrated to the point of congesting neighborhood streets" and therefore does ttot meet the guidelines for conversion. With due respect to the Staffs report, the Statf's conclusion ihat "during a visit to the property, there was available on-street parking on both Portland and FaiFView Avenues" is contrary to the day-to-day nality of living here. The Staff, to our knowledge, conducted no systematic review of parking conditions, used no generally accepted measurement of automobile congestion, and conducted only one "visi�" In fact, Portland Avenue consistendy has cars parked bumper-to-bumper to the eorner of Farrview on both sides of she street, with no available spaces; cars are regulazly parked on both sides of Fairview. Paridng is hard to find. The neighborhood is overly congested with cars. In fact, one of the neighbors who signedthe Hermans' petition did so only if it would not interfere with street parking; he observed "I own 1923 Portland Ave. and parking is a real problem." Believe us. Parking is a real problem. We Iive here. 3 o � --, �� C. The Staff Report's finding that the rezoning is consistent w'sth the Plan because the Plan "encourages the production of 300-400 housing units a year that can be sold or rented to smaller households" and that "creating units within existing larger strucha�es is one method that is specifically mentioned" is not a fair reading of the Plan. The Fiaa adopts five recommendations for smaller rental properfies such as this: encourage maintenance and upkeep; support owners who successfully maintain buildings; provide additional msources for rehabilitation of rentai properties; train lancllordsandtenants; and encourage owtter ocrupancy. (plan 6.9) The Plan does not recommend rnnverting dnpleges to tri-pleaes, particularly when they are not owner-occupied. Moreover, the Plan's reference to creating additionai units out of existing struct�u�es is limited to owner occupied shuetures (Plan 5.5). D. The Staff Report's finding that the proposed rezoning is "consistent and compa6ble with the way the area has developed and will not have an adverse impact upon the surrounding area" is, unfortunately, misplaced. The aparhnent buildings on the other three corners of the intezsection are poorly-maintained, dilapidated, deteriorating structures that shoutd notbe used as a standard ofcomparison. The Plan emphasizes the need for "good design solutions" and enhanced maintenance of existing properties. (Plan 5.2 and 5.3). There is nothing in the Report to suggest thai this will be done. For all of these reasons, the Application should be rejected. 3. The Application Reflects a Commercial Yentnre that Offers Nothing Yo the City of Saint Panl In ihe last analysis, the Application is a commerciai venture: the Hermans wish to expand their real estate holdings and rent more space Yo aftluent students who go to private colleges. What does it conYribute to the City of Saint Paul? — Does it help alleviate the affordabie housing crisis? No. — Does it improve the q�atity of the housing stock? No. — Does it relieve congesiion on the streELs? NoY on this record. — Does it beaurify the City and iheNeighborhood? The Application says nothing about tlus. — Does it enhance the tax base? Not really, since the Hermans, either themselves or through their son, are claiming the property as a homestead, even though the 4 O� _�'3°� Hermans also claim their single-family home oa Marshall Avenue as a homestead.' So whaYs in it for the City of Saint Paul? Please ask yourselves this question seriously. We believe that upon cazeful and thought€ut consideration, the interests of the City, its citizens, and the goals of the Pian, mandaie that the Application be denied Thank you for your attention to this important matter. Sincerely, �� W. Michael Garner t �a�. A. ��,� Christine A. Garner cc: W. R Hem�aa i If xhe homestead exemption is indeed being claimed by the Herman's son, then we respectfullysubmitthattheApplicationberejected in its entiretybecausethe applicationisnotmade in the name of the true owner. 5 o i-� NOTICE OF PUBLIC HEARING The Saint Paul City Council will conduct a public hearing on Wednesday, June 27, 2001, at 530 p.m., City Council Chambers, 3rd Floor City Hall, to consider the application of W. R. Herman to rezone properiy from RT-1 (Two Family Residential District) to RT-2 (Townhouse Residential District) to allow conversion of a duplex to a triplex at 1812 Portland Avenue (southeast corner at Fairview Avenue). Dated: June 12, 2001 Nancy Anderson Assistant City Council Secretary cR��N�� Presented By Ordinance # Green Sheet # , �0 �:03 ORDINANCE OF 2 0 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Referred To PAUL, MINNESOTA 3� Council File # �� ` Committee: Date An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City_ of Saint Paul and the zoning maps thereof: WHEREAS, Pursuant to Minnesota Statutes §462357 and §64.400 of the Legislative Code, W. R. Herman duly petitioned to rezone 1812 PORTLAND AVENUE being legally described as West Haif of Lot 11 and all of Lot 12, Block 7, Egbert G. Handy's Addition to the City of Saint Paul from RT-1 to RT-2 to allow conversion of a duplex to a triplex, the petition having been certified by the Planning Division on May 3, 2001, as having been consented to by at least 67 percent of the owners of the area 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 properry within one year preceding the date of the petifion; and WHEREAS, the Zoning Committee of the Plamiing Commission held a public hearing on May 31, 2001, 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 WHEREAS, the Planning Commission considered the rezoning pefition at its meeting held on June 8, 2001, and recommended that the City Council approve the petition; and WHEREAS, notice of public heazing before the City Council on said rezoning petition was duly pubiished in the official newspaper of the City on June 14, 2001, and nofices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet or the property sought to be rezoned; and WHEREAS, a public heazing before the City Council having been conducted on June 27, 2001, at which ali interested parties were given an opportunity to be heard, the Council having considered all the facts and recommendations concerning the petition; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l. 32 That the zoning map of the City of Saint Paul, Sheet Number 18, as incorporated by reference in §60301 of 33 the Saint Paul Legislative Code, as amended, is hereby further amended as follows: 34 PIJBLISFI� 36 �at the properry at 1812 PORTLAND AVENLTE, being more particulazly described as: �� Alb 2 37 West Ha1f of Lot 11 and all of Lot 12, Block 7, Egbert G. Handy's Addition to the City of Saint Paul 38 ,/ 39 40 41 42 43 44 be and is hereby rezoned from RT-1 to RT-2. o�� I�/� I 0 L-1 � �V /�L '�� Section 2. This ordinance shall take effect and be in force tluriy (30) days from and after its passage, approval and publication. Requested by Department of: Planni �e� m'C el e t 0 BY , 0 Approved by Financial Service B �� Adopted by Council: Date �<;O \ Adoption Certified by Council Sec tary 8,.: � - � . A Approved by Mayor: Date �O �� By: `L �� " '" � Form Approved by City Attorney a �� I.�U� l�• ��4�C,.LL7 Approved by Mayor for Sibmissi n to Council By: � � q� 23'� DEPARTMENT/OFFICE/COUNCIL: DATE INITTATED GREEN SHEET No.• 110203 PED - VJest Team 29 June 2001 ' 6�—�1 � CONTACT PERSON & PHONE: RNITTAL/DATE NIITGII✓DATE Donna Drummond 266-6556 � 2 n�rna�rn�nrr nm � s cirY covtacn. MUST BE ON COUNCII, AGENDA BY (DATE) �IGN 3 CITY ATTORNEY� _ CITY CLERK �� MJMBER FINANCIAi. SERV DIR = FINANCIAI. SERV/ACCCG gpg 4 MAYOR (OR ASST.) CIVQ. SERVICE COD�IIvIISSION BOIITING �TEAM�� 6 2 C ( ORDER TOTAL # OF SIGNATORE PAGES _1_(CLIP ALL LOCATIONS FOR SIGNATORE) acrtox x�Qt�srEV: Adopt ordinance rezoning 1812 Portland Avenue per City Council Public Hearing June 27, 2001 RECOIvfMENDA7TONS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTRACIS MI7ST ANSWER TfiE FOLLOWING QUESTIONS: A_ PLANNING COMIvIISSION 1. Has this person/ficm ever worked under a wntract for this depazhnent? CIB COMNIITI'EE Yes No CML SERVICE COMIvIISSION 2. Has this person/fimi ever been a ciry employee? Yes No 3. Does this person/fvm possess a sldll not noimally possessed by any cunent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet INPffATTNG PROBLEM, ISSUE, OPPORTUNIT'N (Who, What, When, Where, Why): Petition to rezone submitted by W. R. Herman. Planning Commission recommends approval; City Council voted to approve after public hearing on June 27, 2001 �� T anvarvTncES � arrxovEn. Implements City Council decision ��t,gC R �4C� i Ji;'L �. i �� DISADVANTAGES IF APPROVED: N011O DISADVANTAGES IF NOT APPROVED: Cl� COUT1C11 dCC1S10II W1II IIOt UE 1TY1p1e1T1CIltCd r TOTAL AMOi7NY' OF IRANSACTION: S COST/REVEN[IE BUDGETED: FONDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPI.AIN) K:VSharaMedVAMESAdmin poliuu & BmlerplazuVSample Fmms\01188590 Hmvan ard�vance ge¢n sM1mwpd DEPARTMENTOFPLANNING & ECONOMIC DEVELOPMENT Brian Sweeney, Directar CTTY OF SAINT PAUL Norm Coleman, Mayor Jllile $, 2.��1 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Deaz Ms. Anderson: 15 N'est Fourth Street Saini Paul, MN 55702 o�-�3q � Te[ephone: 611-2666655 Facsunile: 612d28-3374 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, June 27, 2001, 530 pm. for the following property rezoning that has been acted upon by the Planning Commission: Applicant: W. R. HERMAN File Ntunber: #O1-188-590 Purpose: Rezone property from RT-1 (Two Family Residential District) to RT-2 (Townhouse Residenfial Distdct) to allow conversion of a duplex to a triplex. Address: 1812 Portland Ave. (southeast corner at Fairview Ave.). Legal Description of Property: See file. Previous Acrion: Planning Commission Recommendation: Approval, unanimous, June 8, 2001. Zoning Committee Recommendarion: Approval, unanimous, May 31, 2001. My understanding is that this public hearing request will appeaz on the agenda for the June 20, 2001, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6556 if you have any quesrions. Sincerely, �� Donna Drummond Clty PIanllCT cc: File #01-188-590 Allan Torstenson Paul Dubruiel Cazol Martineau W. R. Herman and Angeline Bazetta-Herman _ � �sreuiv � 3 YOTICE�OF.�PfJBI2CHE6RING" -, 'Ihe Saint Paut City"Countll wlli conduct a pukilic�hearing on 4Vedriesday, Jvne 27, 2001,�at5:30 p.m.7CitY,C9�ic1 Cliambers, 3rd FRoor CityHall; to consiiler.Ehe applica- �tion oY W" R�Her,�nan.So-.rezone�pwperty from RT-1 Qbvo-famity Dislrict) r� ur-a �raa.�nou� ��a�,h� visa;�c) � allow cortversion.of a duplex tn a triple2c at 1812 Portland Avenue �(southeast corner at FahviewAvenuej. -- - � - Dated: June 12,�2001 "� ' NANCYANDERSON Assistant City Councii.Secretyry ' (June,14) ' _ "' 81:PAIILIEGAL:_°=••••=•—_ 02U23S59 . : .. � DEPARTMENT OF PLANNING & ECONOMIC DEVfiLOPMENT _ ,� ,� � Brian Sweeney, Direclor 8 � CTTY OF SAINT PAUL Norm Coleman, Muyor JllRC i8� 2�01 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hali Saint Paul, Minnesota 55102 RE: Zoning File #00-188-590 Dear Ms. Anderson: 15West FovrthSveet Telephone:612d66-6655 SairstPaul,MN55102 Faaimile:672-128-33/4 The following rezoning application is scheduled for the City Council's June 27, 2001 public hearing agenda: t. Applicant: W. R. Herman Address: 1812 Portland Avenue Purpose: Rezoning from RT-1 Two-Family Residential District to RT-2 Townhouse Residential District to allow conversion of the duplex to a triplex. Planning Commission Recommendation: Approve, vote: Unanimous, June 8, 2001. Zoning Committee Recommendation: Approve, vote: Unanimous, May 31, 2001. Staff Recommendation: Approve. Public Hearing Support: None. Public Hearing Opposition: One person spoke in opposition. Two letters in opposition (both from the same address) received. District Council: The Merriam Pazk Community Council supports the rezoning. Please notify Patricia James (2b6-6639) if any member of the City Council wishes to have slides of the site presented atthe public hearing. Sincerely, �'w,�.� U �w�-c� Domma Drummond City Planner Attachments ` � cc: City Council members Patricia James 0�-��5 � city of saint paul planning commission resolution file number 0 1-49 date June 8, 2001 WHEREAS, W. R HERMAN, File #O1-188-590, has petitioned under the provisions of §64.400 of the Saint Paul I.egislative Code, to rezone property located at 1812 Portland Avenue, on the southeast corner at Fairview Avenue, from RT-1 to RT-2 to allow conversion of a duplex to a triplex; and WHEREAS, the Zoning Committee of the Planning Commission, on May 31, 2001, held a public hearing at which ai( persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of §64300 of the Saint Paa1 Legisiative Code; and WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: I. The applicants, W. R. Herman and Angeline Barretta-Herman, have requested that the duplex they own at 1812 Portland Ave. be rezoned from RT-I (two-family residential) to RT-2 � (townhouse residential) to allow conversion of the existing family room and bedroom in the basement into a third unit. The structure was built as a duplex, with 3 bedrooms, sunroom, kitchen, and bath on both the first and second floors. The applicants would like to convert the basement into an additional unit for their son, who now lives in the first floor unit. The only changes required to the exterior of the property will be the addition of an egress window and a two stall parking pad next to the existing rivo car gazage. Entrance to the parking is from the alley. 2. The zoning code parking requirement for residentia( uses is 1.5 spaces per unit. 'fhe three units will require 4.5 spaces. In cases where a fractioa of a space is required, up to 0.5, the number is rounded down to the next whole number. Therefore, four spaces are required. With the construction of the two space parking pad and the existing two space gazage, the properiy can provide the required number of spaces. The proposed rezoning to RT-2 is in conformance with the Saint Paul Comprehensive Plan. The City's Housing Plan (1999) encourages the production of 300-400 housing units a year that can be sotd or rented to smaller households. Creating units within existing larger structures is one moved by Kramer seconded by � in favor Unanimous against Zoning File #01-188-590 Planning Commission Resolution Page 2 method that is specifically mentioned (Policy 5.1). T'his rezoning will permit the creation of one additional housing unit in this existing shvcture. 4- The proposed rezoning to RT-2 is consistent and compatible with the way the azea has developed and wi[I not have an adverse unpact on the surrounding area. The property is on the southeast comer of Portland and Fairview Avenues. The other three corners have multi-unit apartment buildings on them and are zoned RM-2 (multi-family residential). The properry directly east is a duplex 5. Duplex and hiplex conversion guidelines for zoning cases have been approved by the Planning Commission to provide guidance for consideration of applications for conversion or development of duplexes and hiplexes. The guidelines for applications to rezone single pazcels to RT-2 for development of or conversion to a triplex aze given below, foilowed by how ttus applicarion meets each guideline. �� a. Lot size ofat least 10,000 square feet This guideline is not met. The lot size of 1812 Portland Ave. is 9,525 sq. ft. b• In the case ofexisting kouses, a gross living area aft¢r completion of the couversion of � at least 2, 700 sq., fL for the tkree units. This guideline is met. Based on Ramsey County tax data, the azea of the structure is 3,320 sq. R. �• Iit tke case of existing houses, four off-street parking spaces (non-stacked) are preferred; tkree spaces are a minimum requirement New triplexes are required to provide four off-street parking spaces. A site plan showing impraved (durable, - d:rstless surjace) parking spaces must be provided This guideline is met. The site plan shows the addition of a two space parlang pad in addition to the existing tv✓o caz garage. homo ene�s s ng[�mily area or t d densi or ___,-. _.. --_- -. d_ The ro e ix ty mixed use neighborhDOd, not in a g � 'n an area where duplexes mtd triplexes are already concentrated to tke point of congesting neig&borhood streets. This guideline is met. The neighborhood is mixed use, but there is not an over concen�ation of dupiexes and h The properiy is on the southeast comer of Fairview and Portland Avenues. There are apartment buildings on the other three comers of this intersection. On both sides of the block of 1812 Portland, there is a mix of single-family and duplex struciures, as indicated by the land use map. During a staff visit to the property, there was available on on both Portlaad.and:Fairview:tivenues. _ -- -- _ � U c� � -� �`1 � Zoning File #O1-188-590 Planning Commission Resolution Page 3 e The uniu must be inspected by the Fire Marshal's Office as part of the Certificate of Occupancy program required for all residential siructures with three or more units. This guideline will be met. The work to convert the unit has not been done. When completed, the building will need to meet all building and housing codes to receive a certificate of occupancy. f. An economic feasibility analysis has been conducted for lhose cases where economic hardship is claimed as one reason for the rezoning request This guideline is not applicable, as economic hardship was not claimed as a reason. 6. The applicant submitted a su�cient petition signed by twathirds of the property owners within one hundred (100) feet of the property to be rezoned (12 paroels eligible, 8 parcels needed, and 9 parcels signed). NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that the petition oF � W. R. Herman to rezone property at 1812 PoRland Avenue, legally described as Egbert G. Handy's Addition to the City of St. Paul, west %: of Lot 11 and all of Lot 12, Block 7, from RT-1 to RT-2 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 1812 PoRland Avenue be rezoned from RT-1 to RT-2 in accordance with the petition for rezoning on file with the Saint Paul Department of Planning and Economic Development. �� p�-'13� � MINUTES OF TtiE ZONING COMMITTEE Thursday, May 31, 2001 - 3:30 p.m. City Council Chambers, 3` Floor City Hatl and Court House 15 West Kellogg Boulevard � PRESENT: EXCUSED: OTHERS PRESENT: Anfang, Alton, Faricy, Gordon, Kramer, Mejia, and Morton Field Peter Wamer Carol Martineau, Ailan Torstenson, Donna Drummond of PED The meeting was chaired by Commissioner Kramer. W. R. Herman - 01-188-590 - Rezone from RT-1 to RT-2 to allow conversion of a duplex to a triplex. 1212 Portland Ave., southeast corner at Fairview Ave. Donna Drummond showed slides and presented the staff report. Ms. Drummond stated two letters of opposition were received from the neighbors Ms. Drummond explained that the revised caiculation for the lot size is eleven-thousand square feet insiead of eight- thousand, eight- hundred square feet as stated in the memo. Ms. Drummond distributed a memo to the Zoning Committee with an additionai recommended finding related to the Planning Commission's dupiex/triplex conversion guidelines. She also stated the Zoning Staff and Merriam Park Community Council recommended approval of the rezoning application. At the question of Commissioner Kramer, Ms. Drummond stated policy 5.1 encourages the production of 300 to 400 housing units a year that can be sold or rented to smailer househoids either new young households, or older empty nests and senior citizen households in both the downtown rivertront area and sites throughout the City. The narrative explains that units could be constructed on a smailer site within each of the City's neighborhoods or created within existing larger siructures. Upon the question of Commissioner Gordon, Ms. Drummond explained that the owners do not reside in the property but the owner's son lives in the first floor unit. Mr. Randy Herman, the applicant appeared and stated there were two tenants on the first floor, three siudents on the second floor, and the basement apartment would be confined to rivo renters. Mr. Herman explained their ultimate plan is to move back into the house when they retire. Ms. Garner,1815 Summit Avenue, appeared in opposition and stated she had concerns about a mixed use neighborhood tilting more toward sium properties. Along Portland there are apartment buildings in disrepair with garbage overflowing the trash bins. There are very few parking spaces and the property values are being adversely affected. She a�so explained that carving up existing duplexes for student housing does not solve the issue of affordable housing. �� Mr. Herman appeared and stated they shared Mr. Garner's concern regarding the balance of the neighborhood. He believes that students are part of the community not separate from it. He aiso explained that he takes pride in his property and they hire someone to cut the lawn, shovel the snow, and remove the trash. The public hearing was closed. 6 Zoning Committee Minutes May 31, 2001 File #: 00-188-590 Page 2 Commissioner Gordon moved approva( of the appiication pursuant to the staf( recomrrtendation with the addi#ional findang recommended by staff. Commissioner Mejia seconded the motion. The motion passed by a vote of 7-0. Adopted Yeas - 7 Drafted by: ^i � Carol Martineau Recording Secretary Nays - 0 Submitted by: �Owrcl��^�"'�' � Donna Drummond Zoning Section Approved by: � � a�/' � Ga�»s/2.� ! Richard Kramer . Chair � 0 � -'13`� • Christine A. Garner 1815 Sammit Avenne 3t Paul, MN 55105 May 29, 2001 City of Saint Paul , Department of Planning 8c Economic Development Zoning Department 1400 City Hail Annex 25 West Fourth Street Saint Paul, MN 55102 Re: File #01-188-590 1812 Portland Avenue Dear Members of the Zoning Department: I am writing to express my opposition to the proposed rezoning of the above property � &om an RT-1 (two-family residential) status to an RT-2 (townhouse residenial). Our home is a single family residence direcdy south of the property. It is our strong belief that the proposed change accelentes an adverse change in a neighborhood that is already faciag an overflow of commercial real estate properties with their attendant problems of pazking, gazbage coliection, lack of neighborhood cohesion and absentee landlords. , We specifically hope that you deny this request for the following reasons: I) The proposed unit will be in the basement of the duplex. The findings of the staff report state that the area involved consists of a family room and a bedroom. There is no mention of the instaliation of a kitchen and bathroom. We believe that this unit — no matter how it is modified — will be suitable for onty one person, presumably a student or, as tliey have stated, Mr. and Mrs. Herman's son. Such a goal is not consistent with the Saint Paul Comprehensive Plan which encourages the production of housing uniu that can be rented or sold to smaller households. 2) We understand the city's requirement for additional pazldng space. However, we would also hope that you understand that this addifionai renW unit's two-car parking area ('m an apartment suitable for one person) wiIl add to yet more traffic congestion in our atley. Currently, we contend with two busy streets (Fairview and Summit), both of which receive more than residential traffc use, and an alley �� that is a semi-private road for the rental tenants on Portland. The trade-offs involved to not seem either fair or commonsensicat. 3) Finally, the siaff report states that the proposed wning wi}1 "...not have an adverse � impact on the surrounding az+ea." I would respectfiilly disagnee. We currendy reside in an area that is an uncomfortabie mix of residentiat and commercial pmpecties. Those of us who live on Summit are mandated to maintain our properties within strict guidelines (e.g.; nenovation, additions, backyard construcflon, painting, etc.) However, our neighbors direcfly to our north seem to be allowed ta do whatever they choose. The outcome will not only adversely affect property values — if not �w, then in the firture —but also affect the sense of community that I for one would like to see increased in our azea I would like to see a decline in the Summit Avenue "�s" vs. the Merriam Park "them" that c�urenfly characterizes the relations between our two areas. We cannot build greater community feeling if we continue to encourage the development of two opposing concepts of urban life with two different sets of tules by which to play. I hope that you give serious consideration to this pmposal and deny iL This nezaniag wi21 benefit neither the neighborhood nor the City of Saint Paui's admirable goal of providing more affordable housing (which I support) to people of moderate and lower incomes. Sincerely, l•.�n;�.�a N, Gan�v.+. � Christine A. Gazner � � W. Michael Garner 1815 Snmmit Avenae S� Pani, Mn. 55105 May 28, 2001 City of Saint Paul Department of Planning & Economic Developihent Zoning Depariment 1400 City Hall Annex 25 West Fourth Sh�eet Saint Paul, MN 55102 Re: File #O1-188-590 1812 Portland Avenue Gentlemen and Gentlewomen: d�-`l�� I am one of the owners of the property immediately to the south of 1812 Portland Avenue attd am writing to oppose this rewning request. � St. Paul is a city with the potential for beauty, rational city planning, appropriate use of existing structures and development of affordable housing. The Zoning Deparhnent should pursue those goals. Unfortunately, the instant proposa( serves none of them. It proposes to convert an existing structure to a use it was not designed or intended for; it will create more higir rent housing in an area that dces not need it; and it will further degrade a neighborhood on the verge of deteriorating. The request shoWd be denied. The Use is Not Appropriate for the Structure The building, 1 S 12 Portland Avenue, was designed as a duplex; with Uuee bedrooms in each unit, it was obviously intended for family use, It is cwrently — and has been for some years — fully occupied by students, several to a unit, who move in and out at least twice a year. The proposat to convert two basement rooms to a living unit simply makes a bad situation worse: it creates an "apartmeat" out of space that was never intended -- nor designed — to be an apartment. Certainly, yoe�ng Mr, Herman does not itttend to make this cave lus permanent home and raise a family there. He will vacate it and We City wili have a dark, damp, sub-grade unit ia an otherwise high rent neighborhood. The structure will suff'er the tvear and tear of yet another series of transient tenattts and ultimateiy, the building will be degraded, p✓hat good i.y there to that? On the present record, there is absolutely noUung to give the Department, the City or me, �� the next door neighbor, any assurance ihat the proposed work is going to be anything but minimal. Is there going to be a kitchen? A bathroom? Is the existing infiastructure suf�cient to sccommodate another tenant? Until we see how a structure not designed for this use will be � appropriately accommodated to this use, there is no reason to grant the variance. The Proposal Degrades the Neighborhood As I understand the wning regulations as they concern student housing, an aparhnent nsay accommodate up to four siudems. So the proposal will take us from (potentially) eight adult residents Yo tcvelve, glus their cazs. Does anyone seriously believe t[�at four parldng spaces is going to be sufficient? The stopgap measure — a paridng pad for two more cars — is, as I understand it, someUilng mandated by a City formuta that takes no account whatsoever of the actual conditions in the neighborhood, aesthetics or land use. The reality is that the proposat will result in even more cars pazked along streets that are already crowde8, and the pad will create an expanse of concrete thaf wilI be vnsigfitty and a nuisance. This is not the way to create student housing or multipie- writ housing; it is a$licted with ali of the wealmesses of stopgap, half-baked, poorty_considered thinking. The neighborhood consists of housing stock that is generaily at least 60 and more likely 75 to 90 years old. Much of it could have a substantially longer useful life if it were kept up and conserved. But mosi of it is already over-taxed with teaants an@ uses and under-maintained, T6e staffreport states that the proposed rezoning "is consistent and comparible with the way the area � has developed and will not have an adverse impact on the suaounding area." What can justifj• consistency and compatibiIity with the crumbling steps and loose window frames on the extetior and the rancid odor in the semi-dark vestibule of 1815 Portland, directly across the street7 What standard for adverse impact is 1822 Pbrtland — where We originai wooden gamges in back are about to collapse; the paint is flaking off the facade; there is a firetrap wooden staircase in the rear; and the stones in the entryway are falting out? pr is 1823 Portland the measure of excellence, with its brick retainiug walll about to collapse into the sidewalk from lack of pointing. I cannot imagine that anyone from the City has seriously inspected the area or the buiidings 8[ound 1812 Portland Go loek at thPm �� .�,.y��.�.�e��anr�ooras-rr+�a they are wom, messy, tawdry, unsafe, smelly and, quitefiankly, frightening_ Is the staffreport seriously saying, "I,et's have more of this!" =Please; leYs not approve a zoning change because iYs going to nurture more of a bad Uring. The Proposal Does Nothing for Affordable Housing Even the Hermans, the owners of 1812 Portland, acknowledge that rental properties in aPazhnen is�o'm fo solve the Ci s affordable riotisly thinlcs_ that creating a_ basement .� . P . 8 8 ty housing problem? T'he staff report's observation that the City's Hovsing Plan calls for creation of additional units for af�'ordable hovsing, and that pernutting ttus use will further that goal, is pure sophistry. Once their son moves &om the first-floor apartment to the new basemeat apaztment, do the Hermans intend to � advertise the newly-vacaat uait in the local Hmong newspaper or in the Somali community? 1s it >•-, � going to be advertised — and priced — so that a Latino family, who realiy needs such a unit, will be able to live there? I will gladly drop my opposition when I see the Iease signed with tha Rodriguez or the Vang famiiy, Seriously and realistically, the staff report simply has no record support for a finding that tfie City's Housing Plan wi11 be served or that any objectives of good city planaing and laad use w�ll i�e served- There has been no specifio investigation; there is no refereace to actual inspec6on of the property or neighborhood; the staff has apparenfly relied entirety on the unsworn applicatioa of the Hermans, St. Paul has serious problems that are the result of decades of poor zoning and poor Planning. If it is going to grant variances, it should do so onlg upon a solid, factuat record and the exercise of rigor and standards of excellence in applying good standauis. Unforiunately, I find that lacking here. d � �� In conclusion, tlus rezoning proposal will create a bad housing unit in a shucture that wasn't designed for it; it will add congestion to an already overcrowded neighborhood; and will not serve any of the interests that the City purports to serve. On the contrary, whose iuterests will be served? Well, the Hermans will get more rent on their investment property (which is listed on the property records as theu home for homestead purposes, along with their house at 2000 Marshall Avenue); end the private-school students who can afford both tuifion and an apartnient will have a place to live for a summer or the school year as they pass through St. Paul. But for (� those of us who make our permanent homes here -- and invest our hard-eamed money in our real estate and in this City — it offers nothing. A variance is a change from an established plan. It should be granted oniy for sh�ong reasons, on a solid record and after rigorous, thorough appraisal. That is not the case here. The proposal should be denied. Very truly yours, �� - W. Michael Gamer � BI-`Z'S ZONING COMIVIITTEE STAFF REPORT a FILE # 01-188-590 1. APPLICANT: W. R Herman 1�FARTNG DATE: 05/31/Ol 2. 3. 4. 5. 6. 7. 8. A. � B. C. TYPE OF APPLICATION: Rezoning LOCATION: 1812 Portland Avenue (southeast comer at Fairview Ave.) LEGAL DESCRIPTTON: Egbert G. Handy's Addition to the City of St. Paul, west'/z of Lot I 1 and all of Lot 12, Block 7. PLANNING DISTRICT: 13 (Merriam Pazk) PRESENT ZONING: RT-1 ZONING CODE REFERENCE: §64.400 STAFF REPORT DATE: OS/23/Ol DATE RECEIVED: OS/O1/Ol BY: Donna Drummond DEADLINE FOR ACTION: 06/29/01 PURPOSE: Rezone from RT-I to RT-2 to allow conversion of a duplex to a triplex. PARCEL STZE: 9,525 sq. ft. in a corner lot, with 63.5 8. along Portland Ave. and 150 ft. along Fairview Ave. EXISTING LAND USE: Duplex D. SURROUNDING LAND USE: North: Multi-family and single-family residential uses in RM-2 and RT-1 zones. East: Duplex and single-famity residentiat uses in a RT-1 zone. South: Single-family uses in a R-3 zone. West: Multi-family uses in a RM-2 zone. E. ZONING CODE CITATION: Section 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, orsubsequently established herein pursuantto the provisions ofMinnesota Statutes Section 462357 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 ptanning commission or by petition of the owners of siarty-seven (67) percent of the azea of the property to be rezoned." F. HISTORY/DISCUSSION: There have been no previous zoning applications or issues for this �� property. Zoning File #01-188-590 Page Two of Two G. DISTRICT COiJNCIL ItECOMl)'IENDATION: Ttte Merriam Pazk Community Council has recommended approvai of the rezoning appiication to a[low conversion of the dupiex to a triplex. H. FINDINGS: 1. "Ihe applicants, W. R. Herman and Angeline Barretta-Herman, have requested that the duplex they own at 1812 Portland Ave. be rezoned &om RT-i (twafamily residential) to RT-2 (townhouse residential) to allow conversion of the existing family room and bedroom in the basement into a third unit. The structure was built as a dupleac, with 3 bedrooms, sunroom, kitchen, and bath on both the first and second floors. The appiicants would like to convert the basement into an additional unit for their son, who now lives in the first floor unit. The oniy changes required to the exterior of the property will be the addition of an egress window and a two stall pazking pad ne�ct to the existing two caz garage. Entrance to the pazking is from the alley. 2. The zoning code parking requirement for residential uses is 1.5 spaces per unit. T'he � units will require 4.5 spaces. In cases where a fraction of a space is required, up to 0.5, the number is rounded down to the next whole number. Therefore, four spaces aze required. With the construction of the rivo space pazking pad and the existing two space gazage, the property can provide the required number of spaces. /� 3. T1te proposed rezoning to RT-2 is in conformance with the Saint Paul Comprehensive Plan. The City's Housing Plan (1999) encourages the production of 300-400 housing . units a yeaz that can be sold or rented to smatler households. Creating units within - existing lazger structures is one method that is specificalTy mentioned. This rezoning will permit the creation of one additional housing unit in this existing structure. 4. The proposed rezoning to RT-2 is consistent and compatible with the way the area has developed and will not have an adverse impact on the sunounding azea. The property is on the southeast comer of Portland and Fairview Avenues. The other three comers have muiti-unit apattment buildings on them and are zoned RM-2 (multi-family residential). The property directly east is a duplex. 5. The applicant submitted a sufficient petition signed by two-thirds of the properry owners within one hundred (100) feet of the property to be rezoned (12 pazcels eligible, 8 pazcels needed, and 9 parcels signed). I. STAF'F RECOMIVIENDATION: Based on Findings 1 through 5, staff recommends approval of the rezoning petition to rezone the property from RT-1 to RT-2. ,. o�-�� PETITION TO AMEND THE ZONING CODE Department of Planning and Economic Development Zoning Section I400 Ct1y Hal! Annu 25 West Fou�th Street SaintPauJ, MN55102-I634 (651) 266-6589 Properry APPLICANT PROPERTY LOCAl'tON City � � t � Contaet Person (if Address / Location Legal Description loi' �a g�k (attach additionai a.-t1 .fl � N Zip necessary) ;°�--.=3� {;:��:::; . . �._ .-- .. ._, "�`7' - 3 Zoning tZ•T- � TO THE HONORABLE MAYOR AND CITY COUNCIL: Section 64.400 of the Saint Paui 2oning Ordinance and to Seetion 462.357(5) of Minnesota Statues, '� u0�� , owner of land proposed for rezoning, hereby petitions you to rezone the above described property from a � I � zoning district to a�T � zoning district, tor the purpose of: L'onver+ -�'y �xis4o�y roo�. +a base,me�•�t b� dreow� a�d Sel� - con�l-atned aP afih'►ewZ` (attach additionai sheet(s) if necessary) Attachments: Required Site Plan � Consent Petition C7 AtSdavit � Subscribed and sworn to before me this R3d'h day � i :� 1.Y5,i� : � 20 0L• !. � .I,�,. , i ' �- �- ./�!_ � •�. _ _ / " ' r• p � g Rp, g, BRANDIS �� NOTArT(PUBUC µY COMMISS{ON � r EXPtRES JAt1.3ti.2005 Pa9e 1 of _� City of S� Paul Plannine and Economic Development Zonino Department 1400 City Hall Annex 25 West4`" Street St. Paui, MN 55102 651-266-6583 (FAX: 651-228-3220) April 13, 2001 Attention: Paul Dubruiel & Donna M. Drummond Re: Rezoning request for 1812 Portland Avenue We are requesting a rezonina of our property at 1812 Portiaad Avenue from a. duplex to a tripiex. This is a purpose built duplex with 3 bedrooms, sunroom, kitchen, and bath on each floor with separate utitities. This property is on the southeast comer of Fairview and Portland—the other three comers are bound by apartment buildinas. � The first floor was our primary residence during the first five years that we owned the property and included a bedroom and a family room as part of the basement. We would like to conveR those existine rooms into a small self-contained apartment for our son who is currently livino in the fint floor apartment and homesteadino the propeRy. � The only changes to the exterior of the pcoperty will be an additional eoress window and a two stalt parking pad next to the exis6nQ two car ;arage. Entrance to the parkine is from the alley. A poRion of the existina fence and hedae along the alley side will be retained to offer protection from the street. We have invested heavily in renovations and upkeep of this property and will continue to do so. We are hopeful that the plan will be approved so that this project can proceed. � ��' ' 7� �� " , ��%; i � � ! W. R.andolph Herman Anaeline Barretta-Herman � �. Apri17, 2001 Dear Neighbor. We are the owners of the dupiex at 1812 Portiand Avenue \ � � , �� 1�� ., , � ` of Portiand and Fairview). We woutd like to convert the existing basement bedroom and fami{y room into a smatt apartment for our son. Since this wouid constitute a zoning change from a duplex to a triplex, we are coming to you to discuss our pians, answer any qusstions you may have about the proposed project and ask for your approval. Only two changes to the outside of the building would be required. One is the installation of an egress window on the southwest side of the buiiding to meet � �=fire and safety regulations. The second would be provision of two landscaped off- istreet parking spaces on the west side of the existing two staii brick garage. V11e have owned the dupiex for ten years and have invested heavily in renovations and upkeep and will continue to do so. We are hopeful that you wiil approve of our pian by signing the petition so that this project can proceed. Sincerety, Randy and Angie Herman 651-642-1783 � -'13 `� �i %�'�`� ��//��a.� ��c� � �� N � `� D ��S'� ; ! � - -- ---- --- -- s i o E W A/r� � � ��. � � � ;'1 � .\ � � --��r � � j � F� r !F � 5� � � �� 1 -- �� _ , �-� � � — --- � t �r� � , �- - � � - �� _ �`` � '�., _ c _�� y ��'� �� i8'— /� �< <� �� V � � �U � � � � 1 � � �� -I�' ? r o `-�� City of S� Paul: Plannina and Economic Development Zoning Department 1400 City Hall Annex 25 West 4`" Street St Paul, MN 55102 651-266-6583 (FAX: 651-228-3220) Apri130,2001 Attention: Paul Dubnciel & Donna M_ Drummond Re: Rezoning request for 1812 Portland Avenue ' Attached you will find an excess of the required sianatures in support of our request for rezonina of our property at 1812 Portland Aveaue to permit converting our purpose built duplex to a triplez. We were able to contact nine of the owners of the 12 properties within 100 feet of our property and to obtain their support of our petition as follows: 1823 Portland Roland Johnson 1815 Portland Craig & Darlene Miller 1809 Portland" Chris & Tammy Niemeyer 1805 Portland Lucille Ablan 1812 Portland W.R. & A.B. Herman — petitioners 1808 Portland Charles & Kathleen Maeuire i� 1800 Portland Patrick & Mary Ann Ially 1825 Summit Chris & Kathy Miilich 1801 Summit Edwin & Milda Fooelman We have been unable to contaet the remaining three property otivners despite sevenl attempts by phone, letter, and physically going to their homes. The neighbors that we have contacted were shown the site plan (or in the case of Mr. Roland, sent a copy of the petition and the site plan) and are in suppoR of the petition. One neiahbor (Christine Flinn of 1815 Summit, the property directly behind our property) was concemed abovt the required size of the parking pad in our iniYial contact with her. We have not been able to contact fier since we drew up the site plan that shows clearlJ• that the parkino pad will be directly behind her existing garage and as much of the hedge as possible will be retained between the street and the pad along the alley side. �Ve are on the May 2° 2001 agenda of the Buildino & Land Llse CommitteE of the Merriam Park Community Council. Their recommendation will be forwarded to the May Board Meetine of that district councii. It is our understanding that our petition will be sent to the Zonina Committee at the end of the month. Please contact us if you need more information. �� Si ers ,� . ando an & Angeline Barretta- erman 2000 Marshall Avenue, St. Paui, MN 55104 : : . _ . ... . - . . - ', . _ . _ . . . . _ . " . . . . . ' j' . ' , � � � -� - . . � 70IVING P��'ITION SUI'I'iC1�NCY CIi�CK SH�LT .� . . . 22�Z0\'TNG . . • SCUP ' nCUP . FIRST Si3BMITTED DATE PETITIODf SUBMITI'ED: �{ ` � � 'D , DATE OFFICiALLY RECEIVED: PARCSLS ELIGIBLE: ( � PARCELS REQUIRED: C� PARCELS SIGAIED: � DATE PETITION RESUB�fITTED: �� b � DATE OFFlCIALLY RECENED: S 3'U ( PARCELS ELIGIBLE: I � PARCEIS REQUIRED: � YARCELS SIGNED: � � CHECIiED BY: �� DATE• �� •� I - S - 3 -u ( � � � � - z�NING �iLE - �� • . . , . -� _ _ -. . MAY-03-2E�1 14�59 PED 14TH FLUOV?' E.51��'� P.05iFi5 ��-�` � � AFFIDAVI1" O� P�RSOI�t CIftCULATlS�[G TH� CaNSENT PETftION STATE OF MINNESOTA) :SS COUNTY OF RAMSEY) w, t`�.�t,� do l�O h Nefmu..n c�..._c� A.2c�e l ine (3u.r�e`�*- �et�n , being first duly swom, deposes and states that helshe is the person who circu�ated the consent petition consisting of pages; that affiant represents that the parties described on the oonsent petition are all the respective owners of the properties p�aced immediately before each name; that affiant is informed and believes that each of the parties described on the consenf pefition is an owner of the property which is within 100 feet of any property owned, purchased, or soid by petitioner within one {1) year preceding the date of this petition wt�ich is contiguous to the property described in the petition; that this consent was signed by . each of said owners in the presence of fhis aftiant, and that the signatures are the true and correct signatures of each and all of the parfies so describ� `� � / �� v- N E j �� /� � / � � a � � � 6s�i- G �a - ��83 TELEPNONE NUMBER Subscribed and sworn to before me this ,�__ of � �0�'1�. � Page of �. 1/3/DO T�TRL P.N` e °"" BETfYJ.KARSCHNIA NOTARY PUBLIC • MMiNE50TA �• MY COMMISSION EJCPIRES .,�.r JANUARY31,2W5 MRY-03—�01 14=58 PED 14TH FLOOR �'�TZT�ON TO R�ZON� A.rx�rbAVir OF F�TIT'IOIVEI2 STATE OF' MIIINESOTA) � :SS COLN'I'y pF RqMSEY ) W. (2�C�o�p( (�erin�i.s�. u.� TGe petitioner, �e(i ns Qeqtr'e'�}y fEt�Maq , beeng first duty swom, deposes and staYes tizat ilie consent petition contains signatures from at least tsvo-ihirds (�/a} of a1t eligiBle properties �.vitl�in 100 feet of all property otivned, purchased, or sold by peEitioner �vithin one (1) }•ear preceding the date ofthis petition «�hich is contigueus to the property described in the petition; petitioner is informed chat the consent petition must contain signatures from eacti and ail o4men of joindy-on�ned property in order to constitute consenf from that property and that failure to obtain consent from each and al! oumers could invaIidate the consent petition; petitioner belie�•es that the consent petition tivas signed by each of said o«•necs and ihat the signatures are the true and correct signatvres of each and a21 of the parties so described. - ��- � � � � N � �� ` ��_ ADDRESS ' . _ �S/- 6�F�-/7�� TELEPHONE I�UVIBER Subscribed and s�vorn b fore me this ,i _ ___ day of c75)�_�� - _��0� IJ � C _ _ �� 6ETfYJ. KARSCHNIA r xor ix : MYCAMMISSIONp�i�E$ �:..-. JANUARY31.2005 Page J� J. of U3]/97 � APR-24-2001 13:30 PED 14TH FLOOR 65122832R P.02iO4 . . •� iT•.Y�!'.. , • •L" • . -•�e.•' • . . . - . � -: ' - , . Cx'Z'X O�` S.A.�N'T �A.Ux, • . ,: o,-�� CONSBN'f'•OF AD70INING PROPBRTY OWNERS FOR A �• REZONING • Wo, Qu undersigned, otivtters of the propcdy wiQiin 100 feet of0ee total eontiguous dcsetiption of teal estate o�vned, purcGased, or sold by THE PETITfO� IGR within on: yrar preceding !h� date oF this pclition ' acknawted;e tl�at �ve havc bccn presented �eitk tlu follo�ving: 1. A eopy of the p:tition oF U� . ' �r �� L '� `-' � -"�' � � • (name oFpelitio r) to iezone et,c properey locnted ac 1� I� �or'f �e� /1 G� -. froro n��zoning distriCt to n�r � zoning district. . 2, p eopy oCsections,��L tivouoli .H�L3 inelusive oFthe Saint Paut 2onin� Co�:; and ncknowlcdga tlint �vic erc n�vare of a11 of tlie uscs permitted in a� zonino distriot and tve aro nwarc ti�at eny of tUesc us:s enn be established upon Ciry Courteif approval of ttie re:oning. \Vc hereby . consent to thc rczoning of tlie property in thc petition of; (N - f� cas��iL.y�lt�---__��(+�7 Zzoniiig dlstrict. (Name ofpetitioaer) 1Vc consont to flic :��,proval oi this rczoning as it tvas explaincd to us by thc rpp]'clnt or 1�is/licr represcnt�fiYc. � nnnr r�cs �n r:�.� 1 /SOO�L�/a 182 � l�� j ! So� Sc��. �P.�C�i 11, P✓��+1 �I o9el�4 �b( an u�� /� �laM � e�dtq r��i� �!/, j2.'f�ertrla/1 � ��u� �� - .��. , �u�.r.uuc�c�.�� '� y • • • i�/�N/�/�� . , ,-, - , o� o r � o � .. -�l � �___. =_g-� ��-� � 25�a l � -ZS•o-► / �' a � + N �HL� �'' ��o/ hOT�: This pctition shatl not e considere as ially fil:d untit tnc lapsc of s, en (7) �tivrking l• , �daysafteritisreceivedbythsPlanningDivision.Anysignato:ofth name therefrom by tvritten rtquest wiihin that iime. •'.� :: RPR-24-2001 13:30 PED 14TH FLOOR 6512283220 P.02iH4 • '� v7•Y�t'.. . • '�'. . _ . r • . . , . �.'. . y. . , . .. �� - .. ' ' " . � Cx��' O�' S.A�xNT �.A�U'L , , CONSBNT'•OF AD70INING PR�PERTY OWNERS FOR A • REZDN�IYG . � \Yc, tlu undeaigited, owncrs of tltC property►vitliia 100 fent oFdte wtat eontiguous dcscr�ption of teal cstatc owned, purchased, or sold by THE PBTlTfODIGR �vithin one yrar prcceding ilte date oP thit petition ' � acknowledQe thai we havc bcen presentcd �t ith ti�e foilotivitl;: I. Acopyoft0epetitionof Uv • ,C • �r�' �' t��5`�� " (rtame of petitio r � to rezone i4e property located at f� 1� �p/`7� �f3 /1 G� -. from a��zoning dis�rict to n�T � 2oning d'utrict. . , 2. AeopyoCseetionsf .+�3t t}�rough .yi�3�tnetusiveoftheSaintFaulZonin�Code;and aaknowlndge thst �vc ara awart oFnll of the uses ptrmuted in a� zoning district and we art a�vare tlwt any of tbese uses ean bc csta6lisbed upon Ciry Couneit approval of tt�e remning. We hercby . ' consent co ihe rczonine of tiu property in il�e petitioe oF, !N ` K.� �1�1-P�y�t�T" `��,��7 zzonirig district. (idante oPpetitiaier) tiVc conscnt to tlic approval of fhis rczoninb as it �vas expIflined fo us by fhc ��rppliclnt or his/licr representltiva � f$O�-fland �a-{Y`Ic.�� l t82 � Su��.-�� d�° �.6,�'s� !�1 ��1 ti1,ldA �� r � � , O'y�b7��/ O'f o 8fdz � o o� 0 1 /, �- oi .. -� �� . . . ---- -o/ .U, u �� e �(o( a/1 � r�s� he i o� cr - ra r a � I er' --- '�,�,�, /a t`�l�rr1 I W R. '• y .��"7T.�a� d/ � a � � � i�OTL• : This pctition shall t be considered as o�ct � days aftecitis received by thePlanningpivision. My name tharc&om by wriiten rcquest �vithin that time. ,� _ 1- o/ :', �. _ =�; -�a � . .� ; _. "' o� 1'�'��-"��: �-a7��i��" oi scYcn (i) Kvrx��is snay �vithd�n hismer ,;`; . ..� - � APR-24-2001 13=31 � 14 Tf'� �� ' CITY OT' SAINT' PA,YJL � . ... � � - - CON$EN'I'�UF ADJOII�IING PROP�RTY OWN�?RS FOR A � - . .�zolv,rlvG �� , n / , P.04iO4 8 l-`l�� We, the urtdersi�ned, o�mcrs aPthe property �vithin 100 feet of t�e total eontiguous desuiption of reai atate o�vned, puccliased oc sold by 7HE PETITlONLR within one yenr precedin� the t�ate of this potition acknowledge that we liave bccn presrnted ��tG the follo�rine: l. A eopy of the petition oF yY � 7�`�' � ` �� i"' �� (name of petitioner) io rezone thc property located at /�� - �!'f �e`� 11� . from a �� zopin ; district to a,�� zoning distrIct, 2. A Copy of sections /� 3�tiirougli �� f the Sai�tt Paul Zoning Code; and acknowtcdge that we are a�var of all of the us�s permttted in n,�, zonin; district znd we are ativare that any of these uses can be establislted upon Ciry Councii app�oval of the rezonins. lt'e hereby eCnsent to Nie rC2oning of tlie property in !lu petition oF; �1�- +� ��1��"-' toa_��zoningd'atriet. (N. me oFpttitinncr) � '4„� C� days aftet it is receyrtd by the PlanningAivisiori. Any sigaator oi uu+p�««�=_ �,�� •------ ,, name therefrom by ��Titten request within that time. •' .; • � � 70TF!- P•� . ,� . �:t :; �•. �Yc conscnt to tl�e z►pprovai of this rezoning as it tivas expinined to us by the �'-R 24-2001 13:30 Pm 147H FLOCR . . 651r�u�r�a P.02iO4 � � , `7:Yq: ',. . . •t" . . .•,;..' • . . , - . • -: " : • CxT'� O�' S.A.xNT ��UL ., CONSENT•OF ADJOINING PRaPBRTY OWNERS FOR A ' • �ZONING - � We, the undersigned, otivncrs af tl�c pronedywithin 100 feet oCtlu toial eonti�uous dcseription oP ral estate otvned, purctwsed, or sold by THE P$TI7tOTFGR �vithin one }roac precedina tlte date of thit petition ncknotivledge that wo have bacn p�csenled wltit ihc fotlotivi��: - / ' 1. Acopyofthepetitionof Uv • „• �� ' t � , (name of petitio r) to rCZOne tlic property Iocated at l�/� �orf Ia n d � •. Gom a��xoning distriCt ta a�T � 2oning c�akiet. , 2. Acopyofsections •�f31 through nefinotvicdge that we are a+vnro oFaii of tlu uscs permttied in.a� zontng district 8nd we nre mvare tl�at any or tUese uses enn 6c cstabtished upaa City Courtcit epproval of the remning. \4e hereby . eonse 7 xo the razaning of tlse property in tlie pctition oF, ,�/ �/"' " IC-� �l�'� "T7. )�A l6h f'�� x2enirir tliclriCt_ 1Vc consent to flie zpprovai of this rczoninb as it tvas expl.�ined to us by thc r�pplicanf or his/lior representafivc. j800t�.f/and f'a-h^rc.fc G l82 � �ut•�'� �°. �ii��5-fn he_r l 4�1 � �- �,�dA �� so.3' ��.. �-u u u.� l�� 'ia t'�l�r� �3 � /.:�� .� — - :' �..i . L..��!i� w � . _ f /:�'� ;iL ///. -r�� ' �_, _ �'s�� i, _ � , , "oy/b7/o/ O Y o Sjd7 0 0� o> _, _ • •- . � � y 1 0 / " �l-�'a•o . . Y�Q�DI I�OT�: This pctition shall not he considered as officially filed unti! thc lapse of seyen (?}xvrking � days aRcritis received by thePlanning?�ivision. Any signetv: oFthispctilion tnay tivithdaw his�� name thercfrom by wrilten cequest �vithin that iime. ,• •• ..� . .� . _ . � �.-� � � ... � � � /��3 � fl4 f�Ue 4�1 c� ` , .�'� � � r K � , � � �.e. � � � r e �1.� ��, � � �5 ! / ) I � �. r 11; h t.J a. 5 .21 ; m � n q�e G� B Yl D k✓ � � d-e. 1 • - D -� ��a;r r/ i 2 tJ /� v sz , � tJ � l� Co � sen � �c �d!/S Y2 2D�? r!� l� /~� �op5 I'1e� 5 ,.,L . .�-- • � Lj � fr� e / � Y �/! / /1 ! -e- ►� �e �...e. � � � ` � . - ��'�'" /�� `-y--�-� � _ .:�.. ".:c ;t�;:i r� � qPR-24-2001 13�31 PED 14TH FLOOR 5,51'raz��a � CX�`Y OF SA�TT PA7JL � . .: � : . . . . CON$EN'T'•OF AD70II�IING PROP�RTY OWNERS FOR A . .�zoN'��c �� tiVe, the undersigned, otmcrs oftlu property �rithfn !00 feet ofQx total cronu�nious descdption af reat estate o�vned, putchnsed, or sold by 7HE PETII'IONER �vithin one year pcceeding the date of this petition acknowledge that �ve Gave bccn presented �eith Ute foilo�vin;: 1. -Atopyofti�epetitionof �� m�� /��M'�� (namc oEpctitiontc) to reaone the property Iocflted at /�� - �/'f �e� /7d , from a '� l zo}�ing district to a c Z zoningdistrict. • 2. Acopyofsections�n�,H�3�dirought��inciusiv ftti•SaintPautZoningCode; and aeknowicdge tliat �ve nre awu of all oF the uses permitted in e, P T'� zoning distriet xnd we 8te ewnrc tltat any of these uses ean be esta6lished upon City Counci( approval of tht rezoning. 1ti'c hereby consent to tlie rezoaing of the property in lhe petition of; ��`'" � � �� toa_��zoningdistriet. ' (N. me of petitioncr) r ' � 1Ve conscnt fo flie npproval of this rczoning as it `vas eapinined to us by the �PP�lc�nt or his/hcr representativc. _a5_ o f . � . - -_ - _ _. _ --__ _ . :__ .__ _ �IZOT�: This petition shall not be tonsidered as officially filed until tae lapse of seven (� lwdung , daysafteritisrecei�•tdbythePlanningAivision.Anysigaatorofthispetitiontnaywithdrx�tihis�he� � name thereFrom by ►�Titten nquest within ihat tinie. -•_ .,. TOTf1- P.04 ••••••� � �r-�un eL I i i �.. � � 1 W t � � � -- —.�� /-----} �- --- -}--- �V��f� �---_... _. . - - -...-- '?LtCA�1T W �" ` �ec mar� LEG�NO j �EZont �tIM �•� ��Z �°°� zoni�gd�striclb»nda�Y L E fU� �Q� DATE �� << sub;e7prope��y � • ••...•• ••••••� �-----�- --- � � --_7 _tJG. D.S7.._.�— l�1AP ;: o one (amily • � ^ comme :�z: �� , ¢ r.�:orz„�i� a bA ��s�:�z� s-':� . �StSll multi�l>lamitv 1'vz�a�: ;� HA1�t.YNE DI57RICT l3 U ,� . �� .� - I � t � . . _... ., - • ` •_ -.i,: _ . 'r.4.. �Ot-�3q 1. SUNRAY•BATTLECREEK-HIGHWOOD 2. HAZEL PARK HAI)EI�I-PROSPERITY HILLCREST 3. tiYEST SIDE ' 4. DAYTONS BLLTFF 5. PAYfdE-PHALEI�i � 6. NORTH END �.5� 7. THOMAS-DALE �Q' � � 8. SUMMITUNiVERSITY • 9. WEST SEVEI4TH • 10. COMO il. HAMLINE-MIDWAY ' . 12. ST. ANTHONY PARK /�� MERRIAM PARK-LEXINGTON HAhII.INE-S14ELLTNG H.4MLs'•1E 14. MACAT.ESTER GROVEIA�TD 15: HIGHI.ANll 16. SUMMTT H1I I, 17. DOWNTOWN " C1TiZEN PARTTCIPATTON PLA2�INlNG DISTRICTS . �. .z �� ► / Chrtsllne A. Garner W Mir.haet Garner ] 815 Summit Avenue Sl. Paul, MN 55105 June S, 2UU1 ��,�7 C w• R. & A. B. Herman 2000 Marshall Avenue St. Paul, MN 55104 651-642-17$3 Re: St. Paui PEx7 Flle Ol-lE8-590 Dear Christine & Michael: Ol-'1 Altl�ough ynu menti�ned your objec;tlon to our re;rt�ning request and stateci y�u wouid be at the hearing last Thursday, I wa;h quite taken back not to be �iven copies ol' your letters until the hearing w�as aboul tU begfn. Alihough I share similar concerns about the challenges ��P living in a communily wrth a mix of multipl� and single famlly dw�ellings, I noted thzt many �f your stated concerns seem to be about nelghbc, ring properties not oux prc�perty at 181'L P�rtland Avenue. � wauld Sike io address what 1 see as the inaccura�:ies in your restimony and Ietters. Yow concerns that our constructuan wili result in a "cave" reIIeci distrus� Just as 1 trusl that your current a��enovations w1I1 be oF a hlgh caliber, y�u can expect the same qua�lty ln oun� additi�n SinCe we both are committeci to high st,anciards in our neighbc>nc�iod. Not only wlll our apartment compiy with ail zoning and code requlre�nenLS bu[ we are working closely wiih vur builder to create an estheticaIiy pleaSIng living environment for our son whc> Is ic:gally homesteading ilu� propeTty. You �cpressed concerns atx�ut frequenl tenant ch�amges but our leases have been for two year periods;�.s we are mindfui of m4mimiz9ng the impact of transitions. We wc�rk at the prvperry regularl,�,� and tetain lawn, snow remaval, R trash services. 1 do not petce3ve of my ;;eif as an absentee landiord since I Iive in the neighborhood. I hope this clarlf3es some of the concerns you not�d in your letters and testimony. I am committed to ma.intaining and in�rc:asing ihe value of my property and continuing my c•ontribution �o the neig3iborh0od as a desirabie place to live. ` Slncerely, Cr. St. Paul PFn 2 � �-��y w. NIICHAEL and CHRISTINE A. GARNER 1815 Summit Avenue Saint Paul, Mmneaota 55105 dnne 25, 2001 Saint Paut City Council Planning & Economic Development 1400 City Hall Anaex 25 West Foucth Street Saint Paul, Mn. 55102 Re: File O1-188-590 Rezone property from RT-1(Two Famely Residential District) to RT-2 (Townhouse Residentiat District) to allow conversion of a duplea to a triplea Property nddress: 1812 Portland Ave. (the "Property"); Applicant: W.R Herman Hearing Date: Wednesday, June 27, 2001; 5:30 p.m. Dear Councii Members: We are the owners of the property to the immediate south of i812 Fortland Avenue and submit this written opposition to the application of W.R. Herman to convert the existing duplex to a triplex (the "Application"). There are �ree important reasans to deay this application: — The proposed conversion is contrary to Saint Paul's Comprehensive Plan. — The Staff Report's findings aze unsupported or flawed. — The proposed coaversion is a private commercial venture that advances no public �test; Saiat Paut loses — it does not gain. 1. The Proposed Conversion is Contrary to Saint Paul's Comprehensive Plan The City has adopted a Comprehensive Plan (the Pian) to attain long-term objectives for maintsiningantlenhancinghousingandmeetingtheneedsoftheCity'scitizens. ThePlan's`�ision" for the future focuses on quality; it projects that Saint Faut "will have maintained a strong commitment to the rehabilitation, maintenartce arrd preservation of its existing housing stock and D i -�'�`� it will have increased its code enforcemenf and compliance ef}'orts in order to increase the general level of housing quality throughout the city." {Plan 1.0) To that end of maintaining and enhancing the quality of the City's housing stock and neighborhoods, the Pian articulates three strategies, the fust of which is "to take care of what we bave" by "preserving bo�h the physical struchues and the neighborhood chazacter they define (Plan 2.0). Thus,tl�Planstatesthat"[Mjaintaia�—and,wherenecessazy,repairing_whatisherenowmay be the most important tIung fhe City and its partners caa do... " Echoing the theme of quality, the Plan recogttizes that the "physicai features of neighbarhoods" ariract people to Saint Paul, and that the City must encourage "Quatity azchitecture and iandscaping to define the sbreets and otherpublic spaces." (Plan 4.1). Other tactics in this strategy inciude continuing the commitment to the preservation of }ustorically and archiYectutaily significant buitd'tngs and neighborhoods (Plan 4.2); stepping up code enforcement (Plan 43); stemming deteriorarion and declining values (Plan 4.4); and improving management and maintenance of rental property (4.5). The proposed conversion is contrary to all af these goals and strategies. It converts an existing duplex into a tripiex by creating abasement apartment out of space that was never designed to be used as a living unit This will degrade the existing structure by snbjecting it to a use for which it was never designed; put a concrete pad where there is now a lawn; and adversely alter a property. that is immediately adjacent to the Summit Avenue Historical Area. Tlaere is not a singie word in the application, supporting papers or staff report to show how this conversion will achieve any of the goats of "taking care of what we have." The Pian repeatedly recognizes that rentat properkies are "among the most vuinerable residential structures in the city's housing stock" (Pian 4.5) and that smaller rental properties like tius (1 to 4 units) "are the kinds of siructures that are at trighest risk of becoming `problem properties' or vacant buildings" but that "maintaining them in good condition represents the most cost effecfive way of providing affordable housing." (Plan 6.9). There is nothing in the Applica6on or the staff report to suggest that the Property will not fall �ictim to the very deterioration and degradation tl�at the Plan seeks to avoid — and there is significant evidence to suggest that it will: — As noted, the Property is to be converted to a use for which it was not designed. — The Property has been, and to our Imowledge will continue to be, rented to students; whi}e ihey are indeed members ofthe community, they aze, by their nature, transients w�O B� no �ong-te�m iuterest in pres�vation or maintenance of the property; mareover, by their nature, they subject a pmperty to hazd use because a number of them live together, as aduits, in a singie unit — The Property, moreover, is located on a comer where the three other comer structures are poorly maintained, deteriorating aparnnent buildings. To the east is a poorly- maintained multiple-tmit hovse. E d t-��`� — The Property is not owner-occupied, a feahue that the Plan repeatedly smphasizes as key to maintaining the quatity of sma31 units {see, e.g., Plan 6.9). While we are told that the Hermans' soa will five in the basement apartment, he is not the owner and is certainly not there for the long term. Finaliy, there is nothinglo suggest thaY the Applicadon will accomplish any of the other objectives of the Plan: developiug housing for smaller househoIds and pursuing affordable housing. The Property is vsed for student housingfor u�ftuentshrdents who choose not to live on campus. Based on what we can see, it drives up rentai prices and shuts out the Latinos, Somalis, Hmongs and others who so desperately need affordable housing. If Saint Paul is serious about implementing and pursuing the Plan, then it will accomplish its goals only on a step-by-step basis. The Proposal clearly is a step away from the Plan's objecrives and toward inappropriate properry use, degradation of the neighborhood and deterioration of the housing stock. 2. The Staff Report Is Based Upon Flawed Procedures and Inadeqnate Information. The Staff Report, on which the Planning Commission approved the Proposal, has a number of flaws: A. The Proposal admittedly does not meet the lot size requirement of at least 10,000 square feet (Memo of 5/31J01 from D. Dnunmond to Zoning Committee). Norivithstanding the failure to meet the requirement, the Staff recommended approval based upon an as-yet-unapproved guideline. The staff report offers no juskf;cation for the deviation frnm rxisting guitielines. B• The ProPertY is in foct in an area where duplexes and triplexes aze "concentrated to the point of congesting neighborhood streets" and therefore does ttot meet the guidelines for conversion. With due respect to the Staffs report, the Statf's conclusion ihat "during a visit to the property, there was available on-street parking on both Portland and FaiFView Avenues" is contrary to the day-to-day nality of living here. The Staff, to our knowledge, conducted no systematic review of parking conditions, used no generally accepted measurement of automobile congestion, and conducted only one "visi�" In fact, Portland Avenue consistendy has cars parked bumper-to-bumper to the eorner of Farrview on both sides of she street, with no available spaces; cars are regulazly parked on both sides of Fairview. Paridng is hard to find. The neighborhood is overly congested with cars. In fact, one of the neighbors who signedthe Hermans' petition did so only if it would not interfere with street parking; he observed "I own 1923 Portland Ave. and parking is a real problem." Believe us. Parking is a real problem. We Iive here. 3 o � --, �� C. The Staff Report's finding that the rezoning is consistent w'sth the Plan because the Plan "encourages the production of 300-400 housing units a year that can be sold or rented to smaller households" and that "creating units within existing larger strucha�es is one method that is specifically mentioned" is not a fair reading of the Plan. The Fiaa adopts five recommendations for smaller rental properfies such as this: encourage maintenance and upkeep; support owners who successfully maintain buildings; provide additional msources for rehabilitation of rentai properties; train lancllordsandtenants; and encourage owtter ocrupancy. (plan 6.9) The Plan does not recommend rnnverting dnpleges to tri-pleaes, particularly when they are not owner-occupied. Moreover, the Plan's reference to creating additionai units out of existing struct�u�es is limited to owner occupied shuetures (Plan 5.5). D. The Staff Report's finding that the proposed rezoning is "consistent and compa6ble with the way the area has developed and will not have an adverse impact upon the surrounding area" is, unfortunately, misplaced. The aparhnent buildings on the other three corners of the intezsection are poorly-maintained, dilapidated, deteriorating structures that shoutd notbe used as a standard ofcomparison. The Plan emphasizes the need for "good design solutions" and enhanced maintenance of existing properties. (Plan 5.2 and 5.3). There is nothing in the Report to suggest thai this will be done. For all of these reasons, the Application should be rejected. 3. The Application Reflects a Commercial Yentnre that Offers Nothing Yo the City of Saint Panl In ihe last analysis, the Application is a commerciai venture: the Hermans wish to expand their real estate holdings and rent more space Yo aftluent students who go to private colleges. What does it conYribute to the City of Saint Paul? — Does it help alleviate the affordabie housing crisis? No. — Does it improve the q�atity of the housing stock? No. — Does it relieve congesiion on the streELs? NoY on this record. — Does it beaurify the City and iheNeighborhood? The Application says nothing about tlus. — Does it enhance the tax base? Not really, since the Hermans, either themselves or through their son, are claiming the property as a homestead, even though the 4 O� _�'3°� Hermans also claim their single-family home oa Marshall Avenue as a homestead.' So whaYs in it for the City of Saint Paul? Please ask yourselves this question seriously. We believe that upon cazeful and thought€ut consideration, the interests of the City, its citizens, and the goals of the Pian, mandaie that the Application be denied Thank you for your attention to this important matter. Sincerely, �� W. Michael Garner t �a�. A. ��,� Christine A. Garner cc: W. R Hem�aa i If xhe homestead exemption is indeed being claimed by the Herman's son, then we respectfullysubmitthattheApplicationberejected in its entiretybecausethe applicationisnotmade in the name of the true owner. 5 o i-� NOTICE OF PUBLIC HEARING The Saint Paul City Council will conduct a public hearing on Wednesday, June 27, 2001, at 530 p.m., City Council Chambers, 3rd Floor City Hall, to consider the application of W. R. Herman to rezone properiy from RT-1 (Two Family Residential District) to RT-2 (Townhouse Residential District) to allow conversion of a duplex to a triplex at 1812 Portland Avenue (southeast corner at Fairview Avenue). Dated: June 12, 2001 Nancy Anderson Assistant City Council Secretary