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04-1015Council File # O�_ ��/.J Ordinance # Green Sheet # �O�- `� ORDINANCE UNT PAUL, MINNESOTA � Presented By Referred To Committee: Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 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 §462.357 and §61.800 of the Legislative Code, Janet Jackson duly petitioned to rezone 1160 Montreal, being legally described as KIPP'S GLEN TERRACE ADDITION TO ST. PAUL, MINN. LOT 6 BLK 2(PIN 15-28-23-41-0015), from B1 Local Business to R4 One-family Residential; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on August 19, 2004, for the purpose of considering the rezoning petition, and pursuant to §107.03 of the Administrative Code, submitted its recommendation to the Planning Commission for approval; and WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on August 27, 2004, and recommended approval to the City Council; and WHEREAS, notice of public hearing before the City Council on said rezoning petition was duly published in the official newspaper of the City on September 27, 2004, and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet of the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on October 6, 2004, at which all 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 1 That the zoning map of the City of Saint Paul, Sheet Number 35, as incorporated by reference in §60.303 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That the property at 1160 Montreal, being more particularly described as: KIPP'S GLEN TERRACE ADDITION TO ST. PAUL, MINN. LOT 6 BLK 2 be and is hereby rezoned from B1 to R4. 39 Section 2. I/'7 - I��S 40 Rbs•w:r' !�1 �a-�l-o"f Yv 41 This ordinance�shall take effect and be in force thirty (30) days from and after its passage, approval 42 and pubiicatio� �e.�•iNtw� fs k I PP'J 6lEN ?�R�44cE A�11TIeM TO rT PAut� �►=MM. co7 � R�K Zi �� Adoption Certif By: Approved by May By: Requested by Department of: Plannin & Economic De el ment By: Approved by Financial Services By: Form Approved by City Attorney 1 Adopted by Council: Date �/��j/—Qip �■�► �'-'°`�" ♦ Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet i Departrnentloffice/council: Date Initiated: ': PE — P�a��ng&EconoirricDevelopment o�-0� i G r ee n Shee NO: 30 i ' Contact Person & Phone: DeoartmerH Sent To Person InitiallDate � PatfiCia JameS � 0 lannine & Economic Develon � Pafricia James i ^ � i 266-6639 Assign 1 lannin¢ & Economic Develon I Deoartment Director � Must Be on Council Agenda by (Date): Number 2 �tv Attornev Citv Attornev I �' �<< � O M j � For Routing 3 vor's Office Mavor/Assistant I � Order 4 ouotil �r CiN Council ! 5 aVOr'sOflice __ Mavor/Assistant 6 itv Clerk I Ciri qerk Total # of Signature Pages �(Ciip All Loptions for Signature) Action Requested: Adopt ordinance memorializing City Council action approving rezoning from Bl Loca1 Business to R4 One-family Residential for property at 1160 Montreal, SE corner at 7th St. W. Public hearing held October 6, 2004. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this person/firtn ever worked under a coniract for this departmenY? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No ' 3. Does this personffirm passess a skill not normally passessed by any curtent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): � The property has recently been combined into one tax pazcel. The rezoning corrects a condirion where there is split zoning on the pazcel, and xnakes it easier to sell in the future. The City Council approved the rezoning on after a public hearing on October 6, 2004. AtivantaaeslfApprovetl: Rezoning ordinance will be adopted pex City Council intent. �} �'( '� 1 2�0�1 �� ?E�� i Disadvantastes If Approved: None. Disadvantages If Not Approved: City Council action will not be completed. I Total Amount of CostlRevenue Budgeted: I Trensaction: I FundinqSource: AdivityNumber: - ��'u�' n �"'�' ' Financial Information: � � (Explain) ��'� � DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Susan Kimbedy, Director � CITY OF SAINT PAUL ftandy C- Kelly, Mayor September 20, 2004 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: 25 West Fourth Sireet Saint Paul, MN55l02 Telephone: 657-266-6700 Facsimile: 651-2283220 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, October 6, 2004, for the following zoning case: Applicant JANET 7ACKSON File Number: #04-125-675 Purpose: Rezoning from B 1 Local Business to R4 One-Family Residential Address: 1160 Montreal Avenue; southeast corner at W. Seventh Street Legal Description of Property: Lot 6, Block 2, Kip's Glen Terrace Addition to St. Paul, Minn. (PIN # 15-28-23-41-0015) Previous Acrion: Zoning Committee Recommendafion: Approval; vote: 7-0; September 2, 2004 Planning Commission Recommendation: Approval; unanimous vote; September 10, 2004 My understanding is that this public hearing request will appear on the agenda for the October 6, 2004, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6579 if you have any questions. Sincerely, ��'� Allan Torstenson City Planner cc: File # 04-125-675 JanetJackson Cazol Martineau Paul Dubruiel Wendy Lane NOTiCE OF PIIBIdC HEARiNG The Saint Paul City Council will con- duct a public hea,�;n�° on 4Vednesday, Oc- tober 6, 2004, at 5:30 p,m. in the City Council Cl�iambers,l'hird"F'luor, City Hall, to consider the application of Janet Jack- son W rezone property from Bl Zl,ocyl Business) to R4 (One-Family Residential) at 1160 Montreal Avenue; southeast cor- ner at West Seventh Street. Dated: September 22, 2004 MAIZY ERICKSON, Assistant City Councii $ecry}ary, (September 2� -_-_- S'C PAUL �AL LEI)GER =--' asosesis AA-ADA-EEO Employer DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT SuranKimbesly, Ditector l7J � cz� oF s�rr Paul.. Randy C. KeZly, Mayor � � September 20, 2004 25 Wert FounhStreet Telephone: 657-266-6700 SaintPauZ,MN55702 Facsimile:651-128-3220 Ms. Mary Erickson City Council Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Re: Zoning File #: 04-125-675 Applicant: 7anet Jackson Address: 1160 Montreal, SE corner at 7th St. W. Purpose: Rezoning from B 1 Local Business to R4 One-Family Residenrial City Council Hearing: October 6, 2004, 530 p.m., City Council Chambers Staff Recommendarion: Dishict Council: Zoning Committee Recommendarion: Support: Opposition: Planning Commission Recommendation: Staff Assigned: Approval made no recommendation Approval, vote: 7 - 0 0 people spoke, O letters were received 0 people spoke, O letters were received Approval vote: unanimous Allan Torstenson, 266-6579 Attachments: Planning Commission resolution Plamiuig Commission minutes, September 10, 2004 Zoning Committee minutes, not available Staff Report packet cc: Applicant: Janet Jackson City Council Members Dishict Council: 9 Wendy Lane Lazry Soderholm Allan Torstenson Peter Warner AA-ADA-EEO Employa a �-�al5 � city of saint paul pfanning commission resolution file number o4-� date September �a, Zoo4 W HEREAS, Janet Jackson, Fi(e # 04-125-G7�, has applied for rezoning from B'I Loca( Business to R4 One-famify Residenfial under the provisions of §69.809 {b) of the Saint Paui Legislative Code, for property Iocated at 1160 Monfreal Avenue, Parcel Idenfification Number (PIN) 15-28-23-41-0015, iegally described as KIPP'S GLEN TERRACE ADDITION TO ST. PAUL, MINN. LOT 6 BLK 2; and WHEREAS, the Zoning Committee of the Planning Commission, on Sepfember 2, 2004, held a public hearing at which ali persons present were given an opportunity to be heard pursuant to said applicafion in accordance with the requirements of §61.303 of the Sainf Pau( Legislafive Code; and WHEREAS, the Saint Paul Pianning Commission, based on the evidence presented to its Zoning Committee at tfie public hearing as substantially reflected in the minutes, made the foilowing findings of facf: 1. The applicant wishes to rezone this parcel from B1 Local Business to R4 One-family Residential because of difficulty potential buysrs have had in geffing a mortgage for this � one-family house with the current 61 zoning. 2. The proposed R4 One-family Residential zoning is compafible and consistent with the existing one-family house on the parce{, and with surrounding zoning and land use. 3. The proposed zoning is not inconsistent with the Comprehensive Plan. 4. The proposed rezoning wiif have no adverse impact on the c6mmunity. NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission, under the authority of the City's Legislative Code, recommends to the City Councii that the application of Janet Jackson for a rezoning from B1 Local Business to R4 One-family Residential for property focated at 116� Montrea! Avenue be approved. moved by �rt� seconded by in favor ��S � against oy-1 bl5 � Saint Paul Planning Commission City Hall Conference Center 1� Kellogg Bonlevard West Minntes of September 10, 2004 \ J � �tPF� O A meeting of the Planning Commission of the City of Saint Paul was held Friday, September 10, 2004, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Donnelly-Cohen, Faricy, Zimmer I,onetti, Lu, Morton, Porter, Present: and Trevino; and Messrs. Alexander, Alton, Anfang, Coletta, Dandrea, Fotsch, Johnson, Kong, Kramer, Mejia; and Scott. Commissioners Mmes. *McCall; Messrs. '�Gordon, *Mardell, Absent: *Excused Also Present: Lany Soderholm, Planning Administrator; Allen Torstenson, Patricia James, Craig Blakely, Allen Lovejoy, and Mary Bmton, Department of Planning and Economic Development staff. Councilmemeber Lee Helgen. I. Minutes not ready for approval II. 11 Chair's Announcements Chair Johnson stated that he had the opportunity to join the friends of the pazks department on the Mississippi River Boat Ride and would like to state the importance of River issues . Planning Commissioners joint picnic with the CIB Group is scheduled for Monday, September 13, 2004 at 5:301ocated at the Phalen Pazk Pavillion. Planning Administrator's Announcements City Council business on 9/8/2004: _ - T4ie City Council approved the arrangement to build a sewet that will serve Island Station and River Bend business pazk, along Old Shepazd Road. - All of the zoning cases aze moving ahead Council agenda for 9/IS/2004: - Alley/ street vacation for West�ninister juncuon business park that is part of the Phalen Corridor, Planning staff have provisionally approved a couple of lot spiits with question of clarity of tide back to the Railroad days to get the Port Authority rolling with 3 of there clients who are ready to build and some aze starting now in the Westminister Juncrion. Pl annina staff is worldng on the History of the Pk�alen Corridor redevelopment project. This is a Planning trail which runs back to 1987 the planning commission approved Phalen Creek development pian Scoping report in 1987 and planning reports up until last yeaz. When doing a b �F-[ b� $ major reconstruction effort in a part of the city can take a number of years, steps and turns. Mr. � Soderholm thanked a number of citizens and planning commissioners that have been working for nearly two decades of work. Closing date 9/9/04 received over 30 applications for hiring two new Planner II's. HR is sorting through the applications seeing who qualify for the positions. PED staff will then start sorting them next week. We have received permission to hire two new Planners. We will be having a going away parry for Nancy Homans for her 23 yeazs of service with the Ciry. Nancy wilI be joining the State Deparhment of Finance. Good Bye parry will be Friday, September 24, 2004 located at the City Hall Annex. IV. Zoning Committee OLD BUSINESS #04-069-907 Nene Shao Yang- Establishment of legal nonconforming use status as a duplex. 441 Van Buren, NW comer at Arundel. (Allan Torstenson, 651/266-6579) Commissioner Morton stated District 7 recommends denial. No one spoke in support. One person spoke in opposition. The public hearing was closed. The Zoning Committee recommends denial on a vote of 7-0. MOT'ION: Commissioner Morton moved the Zoning Committee's recom»rendation to deny the establishment of legal noncoaforming use. The mofion carried unanimousZy on a voice vote. #04125-675 Janet Jackson - Rezoning from B 1 Local Business to R4 One-family Residential. • 1160 Montreal, SE comer at'7 St W. (Allan Torsterrson, 651/266-6579) Commissioner Morton stated District 9 made no comment. No one spoke in support or opposition. The public hearing was closed. The Zoning Committee recommends approval on a vote of 7-0. MOTION: Commissioner Morton moved the Zoning Committee's recommexdation to approve rezoningfrom BI Local Business to R4. The motioa canied unaximously on a voice vote #04-100-259 Hoc N¢uven and Minh N¢uven - Review of Conditional Use Permit for compliance with required condirions and decision on renewai of the permit. 380 Maryland, SW Comer at Westem. (Pcztricia.7ames, 65l/266-6639) Commissioner Morton stated, at the request of the applicant, the case was laid over for up to 60 days. �w sus�ss #04-134-556 People Incorporated - Change of Nonconforming Use from Human Services Communily Residential Facility to Department of Health Community Residential Facility for individuals with mental illness. 700 Fast 8'� St., between North and Maria. (Patricia.7ames, 651/266-6639) ` J o�-10�5 � � Recorded and prepazed by Mary Bruton, Planning Commission Secretary Planning and Economic Development Department, City of Sairn Paul Respectfully submitted, ✓vY' ► Lazry S er olm Planniu dministrator Approved (Date) Sue McCall Secretary of the Planning Commission • PED�Bruton�Miautes\September 10, 2004 13 b4 -/ 0/5 ZONING COMMITfEE STAFF REPORT � FILE # 04-125-675 1- APPL4CANT: Janet Jackson HEARIWG DATE: August 19, 2004 2. TYPE OF APPLICATION: Rezoning from B1 to R4 3. LOCATION: 1160 Montreal, SE corner at 7th Sf. W. 4. PIN 8� LEGAL DESCRIPTION: 15-28-23-41-0015; KIPP'S GLEN TERRACE ADDITION TO ST. PAUL, MINN. LOT 6 BLK 2 5. PLANNWG DISTRICT: 9 6. ZONING CODE REFERENCE: § 66.200, §61.801(b); EXISTING ZONING:B1 7. STAFF REPORT DATE: August 11, 2004 BY: Allan Torstenson 8. DATE RECEIVED: July 26, 2004 DEADLINE FOR COMMISSION ACTION: Sept. 24, 2004 A. PURPOSE: Rezoning from B1 Local Business to R4 One-family Residential. B. PARCEL SIZE: 4,826 sq. ft., with 45.9 ft. of frontage on Montreal C. EXISTING LAND USE: Single-family house D. SURROUNDING LAND USE: North: Park (R1, R4) Wesf: One- and Two-family Residential (R4) South: One-family Residential (R4) East: One-family Residentiai (B1), Commercial (B3) �� E. ZONING CODE CITATION: § 66.200 lists the intent and uses permitted and for residentiai zoning districts. §61.801(b) provides for changes to #he zoning of property initiated by the property owner. F. HISTORY/DISCUSSION: Prior to 1975 this property was zoned Commercial along wifh property to the east along Montreal and property to the southwest along W. Seventh Street. When the City adopted an entirely new zoning code in 1975, this parcel was rezoned from Commerciaf to 81 Locai Business along with property to the east with frontage on Montreai. The adjacent property to the west, which has frontage on W. Seventh Street, was rezoned in 1975 from Commercial to R4 One-family Residential along with property to the SW with frontage on W. Seventh Street. G. DISTRICT COUNCIL RECOMMENDATION: No recommendation received from District 9 at the time of this staff report. H. FINDINC�S: 1. The applicant wishes to rezone this parcel from 61 Local Business to R4 One-family Residential because of difficulty potential buyers have had in getting a mortgage for this one- family house with the current B1 zoning. 2. The proposed R4 One-family Residential zoning is compatible and consistent with the existing one-family house on the parcel, and with surrounding zoning and land use. 3. The proposed zoning is not inconsistent with the Comprehensive Pian. 4. The proposed rezoning will have no adverse impact on the community. i. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the proposed rezoning of 1160 Montreal from 61 Local Business to R4 One-family Residential. � _.._ PETITION TO AMEND TFIE ZONtNG CODE Departmext ofPlanning and Economic Development Zoning Section I400 City Ha1T Annee 25 West FouRh Stree[ SaintPau� MN55702-3634 (65I) 266-6589 APPI.tCANT PROPERTY LOCATION Property Owner �l,3t.f ET ��tOt�N � �ACJcS orJ Address 12<E-8 cA-ST 3.�cS,qm "'tt2t4t_ City r�4.f:.4+� St. Al�_Zip �Si23 DaytimePhone � Contact Person (if different) Phone AddressiLocation 1 i�ornoa� 2 �p.c_, 4 .��.�5^r.'PAt , �,mw�.SS1�.�c Legai (attach additional sheet if TO THE HQNORABLE MAYOR AND CITY COUNCIL: 15 Zoning Pursuanf to Section 64.4U0 of the Saint Paui Zoning Ordinance and to Seetion 462.357(5) of Minnesota Statues, ��-T�a ��o� , owner of land proposed for rezoning, hereby petitions you to rezone the above described property from a �- 2 �' zoning district to a_ �, -� zoning district, for the purpose of: CoM?�rN�1�Y "'[11�o /�D�7AL�NY I�A¢CfCS t�J OEtFc� To S� Tu.tem. 1'�l.�S.SE S� d M�tO 5 �� (�' �00 (attach additional sheets if necessary) �� Attachments as required: ❑ Site Plan ❑ Consent Petition ❑�davit Subscribed and sworn to befiore me this �in� `L ZZ� day of � 20 0 �t . �� GREGORY L EHtENe ;� <.. PSf5iAA1'�JG—�tIfiWVFS6IA '° eq'Caeran.�Jm.Bl,�98 �ii!);�.;��c� _ ,� . �: . , , . ...* _ Title: Ota�ax� Public , page 1 of _ o�-�ois �� CJ To: DeparEment of P ianni �a and Economic Development, Zoning Secrion Re: Re-zoning of 1160 Montreal Avenue, St. Paul, Minnesota 55116 Legal description 15-28-23-41-0015 My pazents - Cathryn and Odean J. Jackson, both now deceased - bought this house in 194Z. In 1944 or 45, they bought the building immediately adjacent to the west (1848 West 7� Street - legal description 15-2&23-41-0016). This building had been a ti.n shop and my pazents converted it into a side-by-side duplex. The reason why the building at 1848 West 7� Sireet is relevant to this petiiion is because this building and the house aze within 4 feet of each other at one point, and these properties have always been treated as one piece. While they aze two sepazate properties on paper, it would be very difficult and expensive to divide them into two separate pieces in actuality. However, the building at 1848 West 7+� Street is zoned R� while the house at 1160 Montreal is zoned B-2, which we neverknew. My father passed away in June,1999. My daughter then moved into the house but the past three years, the house has been a rental, as aze the apartrnents in the duplex. Now I no longer want to be a"landlord" and wish to sell the property. However, because of the two zonings and two apparentty separate properties, lenders have been loath to underwrite mortgages for potential buyers. As to why my parents and I never knew these properties were zoned differenfly is because they had not been. The zoning on those pieces had been Residential from the beginxung, but at some time - I understand it was 1973 - the house was rezoned to B-2. We were NEVER notified of this. I believe that then-our ixl -�o� 5 neighbors at 1154 Montreal Avenue - Mazy and Jerry Dettitnger, and Gertrude and Lem Dettinger, who aLso owned Sno-Cap Drive-In and the adjacent motei - were responsible for this rezoning. 4Vhy our house was included is a mystery. I know that we never received a notice as my mother hated the Deftingers and any notice of a re-zoning would have caused a major war in the neighborhood. Therefore, in order to solve this issue so that I can seIl these properties as one piece, I am petitioning ttiat the two properties be combined into one property with the zoning to be R-4. RespectfiiIly submitted, t�' �� '.�. Janet Caroline Jackson 1248 East BaLsam Trail Eagan, Minneso� 55123 651 / 454 - 7707 r� �_ J i �� IRIS Picture Printout Location: MN - Ramsey County, Minnesota � Description: 05/96 STREET VIEW - REMAP - ` Address: 1160 MONTREALAVE STPAUL � � 0 5f -io�5 O PropertyKey, 2003 � Jnformation Deemed Reliabfe But Not Guaranteed. 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