04-111Council File # SJ�1� ��\
Ordinance #
Green Sheet # �� � � f `�
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Presented By
Referred To
ttee: 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 §462.357 and §64.400 of the Legislative Code, Wesland, LLC
duly petitioned to rezone property at the Southeast corner of Marshall and Western, being legaliy described as
PIN 01-28-23-12-0029, 01-28-23-12-0207 and 01-28-23-12-0030, Lot 2, Lot 3 ex E 44.58 Ft, and Lot 4 Blk 80,
Dayton and Irvine's Addition to Saint Paul, from P-1 Parking to RM-2 Muitiple Family Residential; and
WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on November 25, 2003,
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 December 5,
2003, 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 December 26, 2003, and notices were duly mailed to each owner of affected
property and property situated wholiy or partly within 350 feet of the property sought to be rezoned; and
�I�i:ir:,i�►
�::; �`'
Adoption Certif
By:
Approved by May
Sy:
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
��
Requested by Department of:
Plannin Economic ] v 10 m t
By:
Approved by Financial Services
By:
—1�—
Form Approved by City Attomey
D`�
20 WHEREAS, a public hearing before the City Councii having been conducted on January 7, 2003, at which ali
21 interested parties were given an opportunity to be heard, the Council having considered all the facts and
22 recommendations concerning the petition; now, therefore
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THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That the zoning map of the City of Saint Paul, Sheet Number 20, as incorporated by reference in §60.301 of
the Saint Paul Legislative Code, as amended, is hereby further amended as follows:
That the property at the southeast corner of Marshall and Western, being more particularly described as:
Lot 2, Lot 3 ex E 44.58 Ft, and Lot 4, Blk 80, Dayton and Irvine's Addition to Saint Paul
be and is hereby rezoned from P-1 to RM-2.
Section 2.
This ordinance shall take effect and be in force thirry (30) days from and after its passage, approval and
publication.
DEPARTMENT/OFFICE/COUNCII.: DATE INTTIATED GREEN SHEET No.• 3010115 ��,`
PED 1/09/04 '
CONTACT PERSON & PHONE: � riVl'CIAL/DATE RvITIAL/DnTE
Patricia 7ames 6-6639 D�rnx�T Dm crrr cov�vcu,
MUST BE ON COUNCII, AGENDA BY (DATE) �SIGN _ CI1Y ATIORNEY _ CTTY CLERK
N�J1yIgEg FINANCTAL SERV DIl2. FINANCIAL SERV/ACCTG
r,pg MAYOR(ORASST.) _CIVII.SERVICECOIvIMISSION
ROUTING
ORDER
TOTAL # OF SIGNATORE PAGES _1_(CLIP ALL LOCATIONS FOR SIGNATURE)
ACT[ON REQUESTED:
Adopt ordinance memorializing City Council action approving rezoning of property at the southeast corner of Marshall and
Western from P-1 Parldng to RM-2 Multiple Family Residential. Public hearing held January 7, 2004.
RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS M[JST AIVSR'ER THE FOLLOWIlYG
QUESTIONS:
PL.ANNING COMMLSSION 1. Has this person/firm ever worked under a contract for this department?
CIB COMMTI'TEE Yes No
CIVII, SERVICE COMMISSION 2. Has this person/firm ever beea a ciry employee?
Yes No
3. Dou this person/firm possess a skill not nomtally possessed by any current c�Ty ecnployee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
INITIAITNG PROBLEM, ISSUE, OPPORTUNII'1 (Who, W6at, W6en, W6ere, Why): WCS�.8llC1 I,I.0 ICCjUCStC(1 TEZOrilrig piOpeT"l}� 8t tI1C
southeast corner of Marshall and Western from P-1 Pazldng to RM-2 Multiple Family Residential. The City Council
approved the rezoning on January 7, 2004, after a public hearing
anvaNrncES iF arrxovEn: Rezoning ordinance will be adopted per City Council intent.
DISADVANTAGES IF APPROVED:
none
DISADVANTAGES IF NOT APPROVED:
City Council action will not be completed.
TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED:
FIJNDING SOURCE: ACTIVITY NUMBER:
FINANCIAL INFORMATION:
K�ZONRJG\03-390-104 �ern sM1cet wpd
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11 :
DEPARTMENT OF PLANN7NG
& ECONOMIC DEVELOPMENT
Martha G. Fuller, Director
CITY OF SAlNT PAUL
Randy C. Kelly, Mayor
November 17. 2003
25 West Fourth Street
Saint Paul, MN 55102
D�f-�� I
1=f
,..e�°_ � .
. �
Teleph one: 651-266-6700
Facsimile: 651-228-3220
C v`v`*''.iisil °U�"�-_r'_. .*' _. j
Ms. Mary Erickson ��� � � ����
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Dear Ms. Erickson:
I wouid like to confirm that a public hearing before the City Council is scheduled for
Wednesday, December 17, 2003, for the following zoning case.
Zoning File Number:
Applicant:
Address:
Purpose:
Previous Action:
03-390-104
Wesland, LLC
SE corner of Marshall and Western
Rezoning from P-1 Parking to RM-2 Multiple Family Residential
Zoning Committee Recommendation: approval, 6-0-1, November 25, 2003
Planning Commission Recommendation: scheduled for December 5, 2003
I have confirmed this day with Councilmember Blakey's office. My understanding is that this
public hearing request will appear on the agenda for the December 10, 2003, City Council
meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please
call me at 226-6639 if you have any questions.
' �
/'� ' �I �'�`-�.
Patricia James
City Planner
cc: File #: 03-390-104
Applicant: Wesland, LLC
Paul Dubruiel
Wendy Lane
Carol Martineau
Allan Torstenson
NOTICE OF PUBLIC HEARiNG
7'he Saint Paul City Council will eon-
duct a publie hearing-on Wedaesday, De-
cember 1'�, 2003, at 5:30 p.m. in the City
Council Chambers, Tlvrd FToor, City Hall
to consider the applieation of Wesland,
LLC W rezone pmperty at the southeast
corner of Ma,�hatl and Western Avenues
&om P-1(Ratking) to 7.LM-2 (Multiple �'am-
ily Residential). -
Dated: December- Y, 2003 � "
MARY ERICKSON,
Assisranc city cu,u.cil. secrerazy
� tDecember 4)
--= Sx PADG Id�'•GAL'LBDGBF . -
zzo�ssos
AA-ADA-EEO Employer
DEPARTMENT OF PLANNMG
& EWNOMIC DEVELOPMENT
Martha G. Fu[ler. Director
Sq3tiT
PAUL
�
AAAA
CITY OF SA1NT PAUL
Randy C. Ke[ly, Mayor
December 29, 2003
Ms. Mary Erickson
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
25 Wut Fourth Streer
Satnt Pau1, ��5102
oY-��i
�
Telephone: 657-266-6700
Facmmile: 651-2283210
Re: Zoning File #: 03-390-104
Applicant: Wesland, LLC
Address: SE comer of Marshall and Western.
Purpose: Rezone from P-1 Parking to RM-2 Multiple Family Residential.
City Council Hearing: January 7, 2004, 5:30 pm., City Council Chambers
Staff Recommendation:
District Council:
Zoning Committee Recommendation:
� Support:
Opposition:
Planning Commission Recommendation:
Staff Assigned:
•
Approval
District 8 recommends approval
Approval, vote: 6- 0- 1
No one spoke, 1 letter in support
0
vote: Approval, unanimous (1 abstention)
Pah-icia 7ames, 266-6639
Attachments: Planning Commission resolution
Planning Commission minutes, December 5, 2003
Zoning Committee minutes, November 25, 2003
Correspondencereceived
Staff Report packet
cc: Applicant: Wesland, LLC
City Council Members
Dishict Council: 8
Wendy Lane
Larry Soderholm
Allan Torstenson
Peter Warner
LWu�anda�Zonmg\CCdocs\03390-104dec1]-03cccl.wpd !W-ADA-EEOEmployer
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city of saint paul
planning commission resolution
file number o3-111
date December 5, 2003
WHEREAS, Wesland, LLC, File # 03-390-104, has applied for a rezoning from P-1 Parking to RM-2
Muitiple Family Residential under the provisions of §64.400(b) of the Saint Paui Legisiative Code, on
property located af the southeast corner of Marshall and Western, Parcel Identification Numbers
(PIN) 01-28-23-12-0029, 01-28-23-12-0207, and 01-28-23-12-0030, legally described as Lot 2, Lot 3
ex E 44.58 Ft, and Lot 4, Blk 80 Dayton and Irvine's Addition to Saint Paul; and
WHEREAS, the Zoning Committee of the Planning Commission, on November 25, 2003, held a
pubiic hearing at which all persons present were given an opportunity to be heard pursuant to said
appiication in accordance with the requirements of §64.300 of the Saint Paul Legislative Code; and
WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning
Committee at the public hearing as substantiaily reflected in the minutes, made the foilowing findings
of fact:
1. The appiicant is proposing to rezone the lots at the southeast corner of Marshall and Western from
P-1 to RM-2 in order to buiid a condominium apartment building.
2. The property is in the Historic Hill Heritage Preservation District. Designs for the project must be
approved by the Saint Paul Heritage Preservation Commission. The applicant has also applied to
the Board of Zoning Appeais for variances for the project.
3. The proposed multi-family use and zoning are consistent with the surrounding land uses and
zoning. The area is largely multiple family residential and the surrounding zoning is RM-2. Prior to
a zoning change in 1996, the land was aiso zoned RM-2.
4. The area is densely populated avith a number of apartmenf buildings on relatively smali lots with
little or no off-street parking. However, the existing adjacent multiple family buildings are not
required to provide additional parking for their residents. The current P-1 zoning does not permit
any use on the property but parking. The parking lot for wf�ich the P-1 zoning was approved was
nzver constructed.
5. The Saint Paul Comprehensive Plan chapters on land use and housing recommend creating a
variery of types of housing at ail levefs of affordability (Housing Policy 5.4; Land Use Policy 5.3.1).
NOW, THEREFORE, BE IT RESOLVED, that the Saint Paui Planning Commission, recommends to
City Council, that the application of Wesland, LLC for a Rezone from P-1 Parki^g te RM-2 M,ultiple
Family Residential for property at the southeast corner of Marshall and Western be approved.
moved by Kramer
seconded by
in favor
against
14-0 with 1 abstention (Faricy)
v � «i
MINUTES OF THE ZONING COMMITTEE
Thursday, November 25, 2003 - 3:30 p.m.
City Council Chambers, 3rd Floor
City Hail and Court House
15 West Kellogg Boulevard-
PRESENT:
ABSENT:
STAFF:
Alton, Faricy, Field, Gordon, Kramer, Morton, and Mejia
Anfang
Patricia James, Carol Martineau, Allen Torstenson and Peter Warner
The meeting was chaired by Commissioner Field.
r�
�J
Wesland, LLC- 03-390-104 - Rezone from P-1 Parking to RM-2 Multipie Family Residential. SE corner
of Marshall and Western.
Patricia James presented the staff report with a recommendation of approval for the rezoning. She also stated
District 8 supports the rezoning with some concem pertaining to the design of the building and one letter of
support with concems was received.
Sprios Zorbalas, representative of the applicant, stated they met with the neighborhood groups for input on the
project. He also stated this project is consistent with the zon(ng code.
At the question of Commissioner Morton, Mr. Zorbalas stated there would be 68 for sale condominiums with�
underground parking.
At the question of Commissioner Gordon, Mr. Zorbalas stated they have heard no objections to the rezoning.
No one spoke in support or opposition.
The public hearing was closed.
Commissioner Gordon moved approval of the rezoning. Commissioner Morton seconded the motion.
Adopted Yeas - 6 Nays - 0 Abstained - 1(Faricy)
Drafted by:
����e�J
Carol Martineau
Recording Secretary .
Submitted by:
atricia James
Zoning Section
Approved by:
Litton Field
Chair
•
o �-lil
Summit University Planning Council
BuiZding a Better Community
627 Se1by Avenue
Saint Paul, MN 55104
November 21, 2003
Attn.: Patricia James
Department of Planning and Economic
Development — Zoning Section
1400 City Hall Annex
25 West Fourth Street
Saint Paul, MN 55102 - 1634
Phone:651-228-1855
Fas:651-225-1108
district8�tcpostcom
RE: Rezoning — SE Comer of
Mazshall at Western
# 03-390-104
Deaz Ms. James:
The Suimnit-University Planning Council (SUPC) — District 8 received
notification of the above noted Rezoning Request for the properry at SE corner
of Mazshall at Western on or about November 7, 2003. The Purpose of the
Notification included: "Rezone from P-1 (parking) to RM-2 (multiple-
family)".
The SUPC Neighborhood Development Committee had scheduled a
preliminary review of this development project at their October 21, 2003
Community Meeting. A Task Farce was established to delineate and
summarize the community's concerns and suggestions. Please find attached the
Notes of the November 10, 2003 Task Force Meeting. The rezoning issue and
proposed development "concepP' were placed on the Neighborhood
Development Committee's Community Meeting Agenda on November 18,
2003. 825+ fliers (see attached flier / Meeting notice) had been distributed
throughout the community regarding these Meetings. 23 community residents
and agency representatives attended the November 10, 2003 Task Force
Meeting, and approximately 95 people attended the November 18, 2003
Community Meeting. The owners and developers of the property were present
and provided and extensive overview of the proposed project and answered
questions from those present about the massing, density, traffic, parking, and
safety issues for this intersection.
A motion was made to "approve the rezoning of the parcel from P-1 to
RM-2 for the purposes of developing residential housing units within a required building height of no
more than 4 stories that meets the historic guidelines of the area and will not require any variance
requests to construct." 38 persons indicated support for the Motion. 11 persons indicated opposition to the
Motion, with the remainder of those present abstaining.
The Motion passed as moved.
Discussion continued with the developer indicating the basis for their proposal both as regards the financial
feasibility and quality of the proposed building and its design. A Task Force will meet with the developer in
order to explore a building design that will be consistent with the suggestions and considerations of all
� munity and project stakeholders. The Neighborhood Development Committee unanimously approved
proposed Zoning Change Request to "Rezone from P-1 (parking) to RM-2 (multiple-family)" on the
SE corner of Marshall and Western, and will refer its recommendation to the SUPC Board at its November
25, 2003 Meeting. This project will also be considered at the Neighborhood Development Committee's
December 16, 2003 Meeting.
(1)
�� i��
Thank you far your anticipated attention to these matters. If we can be of any fiuther assistance, please do �
not hesitate to contact our office.
Sincerely,
�
James 3:� cDonough Jr., Ph.D.
Executive irector
Cazl Nelson
Vice-Chair, Summit-University Planning Council —
District 8
Attachments: Neighborhood Development Committee — Westem and Mazshall Task Force Notes —
11/10/2003
November 18, 2003 Community Meeting Flier
cc: SUPC Boazd of Directors
S
•
(Z)
a� iii
ZONING COMMITTEE STAFF REPORT
• FILE #03-390-104
1. APPLICANT: Wesland, LLC HEARING DATE: November 25, 2003
2. TYPE OF APPLICATION: Rezoning
3. LOCATION: SE corner of Marshall and Western
4. PIN & LEGAL DESCRIPTION: 01-28-23-12-0029, 01-28-23-12-0207, 01-28-23-12-0030; ex E
44.58 Ft. Lot 2 and all of Lots 3 and 4, Blk 80, Dayton and irvine's Addition to St Paul
5. PLANNING DISTRICT: 8
EXISTING ZONING: P-1
6. ZONING CODE REFERENCE: §60.450; §64.400(b)
7. STAFF REPORT DATE: November 14, 2003 BY: Patricia James
8. DATE RECEIVED: November 25, 2003 DEADLINE FOR ACTION: January 24, 2004
A. PURPOSE: Rezone from P-1 Parking to RM-2 Multiple Family Residential.
B. PARCEL SIZE: 116.5 ft. (Western) x 167.67 ft. (Marshail) = 19,533.5 sq. ft.
C. EXISTING LAND USE: vacant (P-1)
D. SURROUNDING LAND USE:
North: multi-family residential (RM-2)
East: duplex; multi-family residentiai (RM-2)
South: multi-family residential, commercial (RM-2, B-2)
West: multi-family residential (RM-2)
� E. ZONING CODE CITATION: §60.450 lists uses permitted in the RM-2 district; §64.400(b)
provides for changes to the zoning of property initiated by the property owner.
F. HISTORY/DISCUSSION: In 1987 and 1988 a number of variances were approved to permit an
apartment building to be moved onto these lots and a lot fronting on Dayton Avenue (Zoning File
#'s 10124 and 10276). In 1990 variances for lot coverage, density, and setback were approved to
permit construction of a 36-unit apartment buiiding on these same lots (Zoning File # 10608). in
1996 the City Council approved a rezoning of these lots from RM-2 to P-1 so that a parking lot
could be constructed (Zoning File # 96-054). None of these projects ever came to fruition.
G. DISTRICT COUNCIL RECOMMENDATION: None received at the time the staff report was
prepared.
H. FINDINGS:
1. The applicant is proposing to rezone the lots at the southeast corner of Marshall and Western
from P-1 to RM-2 in order to build a condominium apartment building.
2. The property is in the Historic Hill Heritage Preservation District. Designs for the project must
be approved by the Saint Paul Heritage Preservation Commission. The applicant has also
applied to the Board of Zoning Appeals for variances for the project.
3. The proposed multi-family use and zoning are consistent with the surrounding land uses and
zoning. The area is largely multiple family residential and the surrounding zoning is RM-2.
Prior to a zoning change in 1996, the land was also zoned RM-2.
4. The area is densely populated with a number of apartment buildings on relatively small Iots
with little or no off-street parking. However, the existing adjacent muitiple family buildings are
• not required to provide additional parking for their residents. The current P-1 zoning does not
permit any use on the property but parking. The parking lot for which the P-1 zoning was
approved was never constructed.
o � �ii
Zoning File # 03-390-104
Zoning Committee Staff Report
page 2
5. The Saint Paul Comprehensive Plan chapters on land use and housing recommend creating a
variety of fypes of housing at all levels of affordability (Housing Policy 5.4 Land Use Policy
5.3.1).
STAFF RECOMMENDATION: Based on the above findings, stafF recommends approval of the
rezoning from P-1 Parking to RM-2 Multiple Family Residential.
�
�
L.J
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PETITION TO AMEND THE ZONING CODE
Depmtment of Planning and Economic Development
Zoning Sectiorz
I400 City Hall Annex
25 West Fourth Street
Saint Paul, MN 55102-I634
(65I) 266-6589
APPLICANT
Property Owner �es
City
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'rnNZ� c$slD o? Daytime
Contact Person (if different) Phone
I Address / Location
PROPERTY
LOCATION Legal Description_
(attach additional sheet if necessary)
TO THE HONORABLE MAYOR AND CITY COUNCIL:
.f-
Zoning }�� �
Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues,
. , . ,
w¢S� �.nd /.�� , owner of land proposed for rezoning, hereby petitions you to
the above described property lram a t�' — t zaning district to a �YV1-�
zoning district, for the purpose of: �� �d � y, 0.
��cd-rw.,.a�" �n. �� 1J)4�'�'� !F'r�¢.
� ��.�,�-
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(attach additionat sheet(s) if necessary)
Attachments as required: �Site Pian
Subscribed and sworn to before me
this ��' day
of 20 0 �.
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Notary Public ,.
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Summit-University Planning Council
Neighborhood Development Committee
Community Meetings
Tuesday — October 21, 2003 — 6:00 p.m. — 7:00 p.m.
Purpose:
1. 371 Selby Avenue — Moscow on the Hill — application to upgrade liquor license from a(C) to a(B)
due to the expansion of the facility.
2. Update on 998 Dayton Avenue — major variances requested to split this parcel and build a single-
faxnily home.
�> 3�?. Ipdate on Western Street and Marshall Avenue proposed 68-unit condo project.
4. Update on Holly Avenue alley concerns and Saint Paul Church Home.
5. Update and review the developments at Dayton Avenue and Dale Street and Victoria Street and Selby
Avenue.
6. Initial discussion of review and revision of Summit-University Small Area Plan —"Neighborhood
Development — Purpose and Process".
7. 25 North Dale — Informational Update on properry development.
8. Other agenda items to be determined ...
Tuesday — November 18, 2003 — 6:00 p.m. — 7:00 p.m.
Purpose:
Update on Jimmy Lee Recreation Center refurbishing and expansion project.
2. Update on Transit Oriented Development Study for University Avenue and Dale Street.
3. Other agenda items to be deternuned ...
Location:
St. Albans Community Room
665 Selby Avenue
Saint Paul, MN 55104
Attention: Due to road construction, please enter the rear door to the community room.
Please callthe
Smiunit-University Plaiming Council
with questions — (651) 228-1855
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co,..mk�.l: � 'D,(, S..iP�°a>�-�
REZo,�,a U
-'�',aeT o� co�.P P�aJ
Board of Directors
President
Reverend Darryl Spence
Treasurer
Gail Graham
Secre[ary
Matthew P. Downs
Vice Chair
Carl Nelson
Manuel Melendez, Jr.
Community Improvement
And Safety
David Peterson / Robert Hickman
Neighborhood Development
Cary Rembert
Outreach
Steve Wilsun,
Hallie Q. Brown
Alice Neve
Lezington Outreach Library
Reverend David Stewart
Dayton Avenue Presbyterian
Church
Harry Oda
University IJNITED
Paul Rhodes Sr.
StaNey Gardner
Morgen Lindquist
Mary Gardner
Amy Michael
Kathy Wilson
I{halid Effendi
Tracey Jackson
Sraff
Executive Director
James J. McDouougA Jr., Ph.D.
Communily Crime Prevention
Coordinator
Oftice Manager
Jean Doyle
Summit University Planning Council
Bui[ding a Better Community
627 Selby Avenue
Saint Paul, MN 55104 REG
January 2, 2004
Attn.: Council Member Kathy Lanhy
Room 320C City Hall
15 West Kellogg Boulevazd
Saint Paul, MN 55102
Dear Council Member Lantry:
- o5�-i� �
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Phone:651-228-1855
Fax:651-225-1108
,AN p2 2 p03 diStriCtB@tcpost.com
COA H ��
RE: Appeal a Decision of the Board of
Zoning Appeals Approving Several
Variances in Order to Build a 69-unit
Condominium Building at the Southeast
Corner of Western and Marshall Avenues
The Summit-University Planning Council (SUPC) — District 8 received notification of
the above noted "Appeal a Decision of the Board of Zoning Appeals Approving
Several Variances in Order to Build a 69-unit Condominium Building at the
Southeast Corner of Western and Marshall Avenues" on December 26, 2003.
The SUPC Neighborhood Development Committee (November 18, 2003) and Board
of Directors (November 25, 2003) supported the following position: "to approve the
rezoning of the parcel from P-1 to RM-2 for the purposes of developing
residential housing units within a required building height of no more than 4
stories that meets the historic guidelines of the area and will not require any
variance requests to construct."
This position was supported by the following findings:
1) The property at 226 Western Avenue NoMh can be put to a reasonable use
under the strict provisions of the code.
2) The proposed variances are not in keeping with the spirit aud intent of the
code, and are inconsistent with the health, safeTy, comfort, and welfare of the
inhabitants of the City of Saint Paul.
3) The request for the variance appears to be based primarily on a desire to
increase the value or income potential of the parcel of land.
This position has remained unchanged since the decisions made in November 2003
and thus these findings and recommendations support the above appeal of the Board
of Zoning's decision to approve the requested va: iances. �'lease ird encicsed severa]
attachments regarding these issues.
Thank you for your anticipated attention to these matters. If we can be of any further assistance, please do not hesitate to
contact our office.
Sinc ely,
James . cDon�bt�g � Jr., Ph.D.
Executive "rector �
cc: SUPC Boazd of Directors
Attachments: SUPC Letter to Board of Zoning Appeals — December 4, 2003; SUPC Letter to PED — Zoning Section —
November 21, 2003; Letter of Concern — SUPC Sub-District D— November 24, 2003; SUPC Task Force Notes —
iVovember 10, 2003; Neighborhood Development Committee Agendas — December 16, 2003 / November 18, 2003 /
October 21, 2003.
D� / 6 /
Summit University Planning Council
District 8
Building a Better Communiry
627 Selby Avenue
Saint Paul, MN 55104
Board ofD'uectors
President
Revereud Darryl Spence
Trrasurer
Gail Graham
Secretary
Matthew P. Downs
Vice Chair
Carl Nelson
Manuel Me7endez, Jr.
Community Improvement
And Safety
David Peterson / Robert Hickmav
Neighborhood Develapment
Cary Rembert
Outreach
Steve Wilson,
Hailie Q. Brown
Alice Neve
Lesington Outreach Library
Reverend David Stewart
Dayton Avenue Presbyteriao
Church
Harry Oda
University UNTTED
Paul Rhodes Sr.
Stanley Garduer
Morgeu Lindquist
Mary Gardner
Amy Michael
Kathy Wilson
I{ahiid Effendi
Tracey Jackson
Sraff
ExecuHve Director
James J. McDonough Jr., P6.D.
Community Crime Prevenfion
Coordinaror
December 4, 2003
Atin.: John Hardwick
Boazd of Zoning Appeals
Office of License, Inspection, and
Envirotvnentai Protection
300 Lowry Professional Building
350 St. Peter Street
Saint Paul, MN 55102 - 1510
Deaz Mr. Hardwick:
Phone:651-228-1855
Fax:651-225-1308
dishiciS@tcpost.com
RE: Major Variance Requests
226 Westem Avenue North
The Suinmit-University Plamung Council (SUPC) — Dish 8 received
notification of the above noted Major Variance Requests for the property at 266
Western Avenue North on November 20, 2003. The Purpose of Major Variance
Requests included: "Several variances in order to construct a 6-story 69-unit
condominium building on the southeast corner of Marshall and Western
Avenues 1.) Lot coverage of 30% is allowed and coverage of 49% is
proposed, for a variance of 19% (4,804 square feet). 2.) A sideyard setback
of 37.5 feet is required and a setback of 15 feet is proposed, for a variance of
17.5 feet on each side. 3.) A building height of 5-stories or 50 feet is allowed
and a height of 6-stories and 75 feet is proposed for a variance of 1-story and
25 feet. 4.) The 69 dwelling units require 103 off-street parking spaces and
SO spaces are proposed, for a variance of 23 spaces. 5.) The parcel size
permits 82 zoning rooms and 165 rooms are proposed, for a variance of 83
rooms (49,800 square feet). 6.) Trash storage and recycling is not permitted
in any required yard except a rear yard. The applicant is proposing to locate
the storage area in a required side yard on the southeast corner of the
building. ".
The SUPC Neighborhood Development Committee reviewed these Major
Variance Requests and the Rezoning Request at its Coxnmunity Tdeetir_g Y!eld on
November 18, 2003. 825+ flier notices (see attached) were distributed regarding
this proposed development throughout the community. 95+ people and agency
representatives attended this Meeting. The owners / developers of the above
noted property at 226 Western Avenue North, presented an extensive overview of the proposed project. They
reported that they had redesigned the 6�` story (top floor) so that it wiil be setback from the outer wall of the
building and thus not be visible from the street level sight line. In addition, they had agreed to major exterior
and materials changes in order to receive approval from the Heritage Preservation Commission.
Community members present expressed concerns about the massing and density of the proposed pro}ect,and its
unpact on the tr�c / pedestrian safety and parking availability azound this already busy intersection. The
developers were firm that their calculations regazding the financial feasibility of the proposed developmern
required a 5`" and 6`�' floor be included. Many in attendance disagreed. A list of concerns and issues regazding
the proposed project had been prepared at a Community Meeting held on November 10, 2003 (see attached
Meeting Notes). In addition several written letter, emails, and phone ca11s were received in the SUPC Office
expressing "opposition" to the development as.proposed.
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d�-���
A SUPC Boazd Member asked if the Environmental Protecrion Agency (EPA) would be involved, since the site
had been an old gas station. The developer stated that they will need to dig down, and make sure the hole is
"clean" before building on the site.
Another SUPC Boazd Member presented an informal, but thorough survey of units within a 1 block radius of
the surrounding azea; the results indicated 315 units x 1.5 people per unit = 675 people.
A lengthy discussion of the proposed project and neighborhood concerns expressed by those present ensued.
A Motion was made to: "approve the rezoning of the parcel from P-1 to RM-2 for the purposes of
developing residential housing units within a required building height of no more than 4 stories that
meets the historic guidelines of the area and will not require any variance requests to construct."
38 persons indicated support for the Motion. 11 persons indicated opposition to the Motion, with the remainder
of those present abstauung. 2 letters / 1 email / and 1 phone call were received expressing support of the sense
of the above motion. �
The Motion passed as moved.
The Neighborhood Development Committee presented the results of the Community Meeting on November 18,
2003 to the SUPC Board of Directors at their November 25, 2003 Meeting, and the motion to approve the
rezoning of the parcei was approved along with approval of the denial of the variances requested for the
proposed project.
The SUPC Board indicated, along with its support of the morion noted above that was made at the Communiry
Meeting on November 18, 2003, its position that:
1) The property at 226 Western Avenue North can be put to a reasonable use under the strict
provisions of the code.
2) The proposed variances are not in keeping with the spirit and intent of the code, and are
inconsistent with the health, safety, comfort, and welfare of the inhabitants of the City of Saint
Paul.
3) The request for the variance appears to be based primarily on a desire to increase the value or
income potential of the parcel of land.
The Neighborhood Development Committee members, SL7PC Boazd Members, community members, and the
owners / developers had agreed to meet and discuss fi�rther their concerns and issues. A meeting was held on
December 2, 2003, with no apparent resolution and / or movement on the divergent positions.
This proposed project will be reviewed and updated at SUPC's Neighborhood Development Committee
Meeting scheduled for December 16, 2003 (see attached Agenda).
Sinc el , , �\
��
TauieS . l�c�o ugh Jr., Ph.D. Cazl Nelson
Executive Direct Vice-Chair, Summit-University Planning Council
District 8
Attachments: Community Meeting Notes of November 10, 2003
` Community Meeting flier — November 18, 2003
Community Meeting Agenda for December 16, 2003
cc: SUPC Boazd of Directors
(2)
a�-s�i
Summit University Planning Council
Building a Better Community
627 Selby Avenue
Saint Paul, MN 55104
BOQT(IOf D!T¢C10/S
President
Reverend DarrylSpence
Treasurer
Gail Graham
Secretary
Matthew P. DownS
Vice Chair
Carl Nelson
:Vlanuel Melendez, Jr.
Commuoity Improvement
And SafeTy
David Peterson / Robert Hickman
Neighborhood Development
Cary Rembert
Outreach
sreve wilson
Hallie Q. Browu
Alice Neve
Lexington Outreach Library
Reverend David Stewart
Dayton Avenue Presbyterian
Church
Harry Oda
University L1N1'LED
Paul R6odes Sr.
Staniey Gardner
Morgen Lindquist
Mary Gardner
Amy �[ichael
ICathy Wiison
Kahlid Effendi
Tracey Jackson
Staff
ExecuHve Director
James J. McDonough Jr., Ph.D.
Community Crime Prevention
Coordinator
Office Manager
Jean Doyle
November 21, 2003
Attn.: Patricia James
Depamnent of Plaunnig and Economic
Development — Zoning Section
1400 City Hall Annex
25 West Fourth Street
Saint Paul, MN 55102 - 1634
Dear Ms. James:
Phone: 651-22&1855
Fax:651-225-1308
districffi@tcpostcom
RE: Rezoning — SE Corner of
Marshall at Western
# 03-390-104
The Smnmit-Universiry Planning Council (SUPC) — District 8 received
notification of the above noted Rezoning Request for the property at SE comer
of Mazshall at Western on or about November 7, 2003. The Purpose of the
Notification included: "Rezone from P-i (parking) to RM-2 (multiple-
family)".
The SUPC Neighborhood Development Committee had scheduled a
prelimivaty review of this development project at their October 21, 2003
Community Meeting. A Task Force was established to delineate and
suminarize the community's concerns and suggestions. Please fmd attached the
Notes of the November 10, 2003 Task Force Meeting. The rezoning issue and
proposed development "concepY' were placed on the Neighborhood
Development Committee's Community Meeting Agenda on November 18,
2003. 825+ fliers (see attached flier / Meeting notice) had been distributed
throughout the community regarding these Meetings. 23 community residents
and agency representatives attended the November 10, 2003 Task Force
Meeting, and approximately 95 people attended the November 18, 2003
Community Meeting. The owners and developers of the properiy were present
and provided and extensive overview of the proposed project and answered
questions from those present about the massing, densiry, traffic, parking, and
safety issues for *his intersechon.
A motion was made to "approve the rezoning of the parcel from P-1 to
RM-2 for the purposes of developing residential housing units within a required building height of no
more than 4 stories that meets the historic guidelines of the area and will not require any variance
requests to construct." 38 persons indicated support for the Motion. 11 persons indicated opposition to the
Motion, with the remainder of those present abstaining.
The Motion passed as moved.
Discussion continued with the developer indicaring the basis for their proposal both as regards the financial
feasibility and quality of the proposed building and its design. A Task Force will meet with the developer in
order to explore a building design that will be consistent with the suggestions and considerafions of all
community and project stakeholders. The Neighborhood Development Committee unanimously approved
the proposed Zoning Change Request to "Rezone from P-1 (parking) to RM-2 (multiple-family)" on the
SE corner of Mazshall and Western, and wili refer its recommendation to the SUPC Board at its November
25, 2003 Meering. This project will also be considered at the Neighborhood Development Committee's
December 16, 2003 Meeting.
(1)
a�-i�i
Thank you for your anticipated attention to these matters. If we can be of any fixrther assistance, please do
not hesitate to contact our office.
Sincerely,
James�`.�onou r., Ph.D. v�ICazl Nelson
Executive ector Vice-Chair, Siunmit-University Planning Council —
Disirict 8
Attachments: Neighborhood Development Committee — Westem and Mazshall Task Force Notes —
11/10/2003
November 18, 2003 Community Meeting Flier
cc: SUPC Board of Directors
(2)
�-ii i
November 24, 2003
Letter of Concern Reeardins Planned Develonment of MazshalllWestern Proneriv
A mimb� of us who have attende� the Summit-Univ�sity District 8 Planning CounciUCommunity
Development Committee meetings on October 21, November 10 and Novemher 18 have some concerns
about issues dealing with honest communiartion and trust building between the developers (Wesiand
LLC) and the communiry. Specific points follow.
l. On Octobec 21, the presenting developer, in response to an andience inquiry, said that a traffic
study had been done for the Mazshall/Western properry and that it showed that there would be
no problem ensuing from the building of a 68-unit, 6 story condo. Aowever, at the November
18 meeting, where Bill Haglund from the ciry's traffic deparnnent was present to answer
questions, we learned t6at no traffic study had ever been done in regard to the proposed
development.
2. In the original presentation of site plans on October 21, the developers spoke of a 68-unit
building, which had always been the unders`tanding. In the meeting of November 18, tfiey said
they would have to, most hlcely, eliminate a rooftop uniG Yes somehow the number o£ condos
did not fall to 67, but rather stayed a# 68, because the devetoper indicated that 69 had been in
tlie original pIan. None ofthis was consiste� with what neighbors had perceived earlier.
3. In the October Zl meeting, the developer said that sufficient pazking for all units would be
provided in an underground garage. In the November 18 meeting, the developer said t6at they
would have to apply for a variance, since they plaaned to have 1.2 spaces (rather t6an the
mandated 1.5 spaces) per unit.
4. In the originai meeting, no mefftion was made of paying for a parldng space. On November 18,
the developet made clear that each condo owner would be required to buy a pazldng space,
elevating the proposed price of a 600-squar�foot studio to neariy $150,000.
We think it is important for the deveiopers to understand that the sense of the neighborhood is positive
for a condo budding on this properly, one conslructed with quality and site appropriateness. Indeed the
vote taken at the November 18 meeting supported a condo building by 38 to 11, but a building of 4
stories that reguu�es no variances. The objections fieard at this meeting dealt primarily with the
proposed height and footprint of the developers' planned struciure, as well as with the increased haffic
and pazldng issues. People aze also concerned with the relentless "upscale" air of the project, in a
neighborhood that is proud to be ava�7able to citizens of every income level. It is worthwhile noting
that rivo other projects tUat came before the meeting on November 18 were much more sensitive to
these issues. One of them, on Dale and Dayton, will have four townhouses at market ntes and a fifth
unit available at an affordable housing leveL Ironically the lot, which this five-unit project is to be
built, is a little under half the size of the MarshalUWestern properry with its planned 68 units.
If we aze to work on ihis project together, it is vital that we hvst each other.
manipulate or deceive the neighbors. All of us understand the profrt motive.
as most things, works better with sincere, hanest communicatioa
Mary Gardner
SUPC boazd member for sub-district D
Manuel Melendez, Jr.
SUPC board member for sub-district D
There is no need to push or
VYe simply feet that this,
Amy Michael
SUPC board member for sub-district D
Summit-University Planning Council — Distric� S ��_! I �
SUPC Task Force Meeting held on November 10�' 2003
Attendance:
SUPC Board Members Bobby Hickman (Co-Chair); Dave Peterson (Co-Chair); Amy
Michael; Manny Melendez; Cazl Nelson
Staff: Jim McDonough
Neighborhood Residents: 17 community residents and business owners
The concerns of neighbors are as follows:
l. The Size and Scale of the building.
2. Compatibility and design of the building.
3. Parking and trafFc flow.
4. Impact that the building would have to other properties in the area.
Neighbors have many questions regarding zoning. What are the definitions for
RM-2 and RM-3 zoning? Request for clarification from City's zoning staff.
Exactly which zoning permit are you applying for and what variances wili be
necessary?
Neighbars would like to see a detailed development plan.
How many units are on that block now? Answer: approximately 72 units.
Neighbors are not opposed to the lot being developed. Many would like to see it
developed but there are concerns about what is being proposed. Six stories are
too much.
Parking in the area is difficult already.
Questions:
Has there been an environmental impact statement written about the lot? If not
when will this be done?
How many parking spots wiii be available for the residents in the underground
parking ramp?
Have you or the city traffic "people" taken into consideration that the Catholic
Guild will be turning into a residential building and how this will also contribute
to traffic congestion in the area?
What are the considerations regarding an increase in pedestrians in the area?
Will you consider scaling down the building?
How will the underground parking be accessed?
What will the height of the building be?
Submitted by Amy Michaei
SUPC Board Member
Additional notations: Jim McDonough, SUPC Staff
Summit-University Planning Council
Neighborhood Development
Committee
Community Meetings
Tuesday — December 16, 2003 — 6:00 p.m. — 7:00 p.m.
Purpose:
1. Update on Jimmy Lee Recreation Center refurbishing and expansion project.
2. Update on Transit Oriented Development Study University Avenue and Dale Street / District 8
Area Plan review update.
3. Public Art Saint Paul "R'estern Park" Project discussion.
4. Application for Liquor On Sale — Over 100 seats, Liquor On Sale — Sunday, Restaurant (B) — more
than 12 seats — 394 University Avenue West —1VIai Village Restaurant.
5. 988 West Central Avenue — subdivision (lot split) to create 2(R-4) single-family residential parcels.
988 West Central Avenue — Variance request for 6 inches side setback (required 4 feet — proposed
3.7 feet from properiy line with an additional4 feet from house); moving house from 1063 Marshall
(Jimmy Lee site) to vacant lot (house burned down 20+ years ago); neighbor owning vacant lot in
fauor of proposal; other neighbor opposed Boazd of Zoning Appeals scheduled for December 8, 2903
— 3:00 p.m. at City Hall Room 330.
�6. eview of Western Street and Marshall Avenue proposed 68-unit condo project:
—_� ���Board of Zoning Appeals — December 8, 2003 at 3:00 p.m. — City Hall — Room 330 Vaziances
would include: 1) a variance of 25 parking spaces with 80 provided within the proposed building; 2)
a height variance of 25 feet (from the required 50 feet to the proposed 75 feet); 3) & 4) 2 side yard
setback variances of 17.5 feet on each side (37.5 feet is required and 15 feet is proposed).
(Additional note: In the Major Variance request received November 20, 2003 at the SUPC O�ce — 2
additianal variance requests were included to those delineated above: I) Lot coverage of 30% is
allowed cmd coverage of 49% is proposed, for a variance of 19% (4,804 square feet), 6) Trash
storage and recycling is not permitted in arry required yard except a rear yard. The appZicant is
proposing to Zocate the storage area in a required side yard on the southeast corner of the building..)
7. Portland Avenue — Victoria / Chatsworth — Milton — William Mitchell School of Law - new
pazking permit from 8am-8pm — Public Hearing — City Council — December 17, 2003 — 5:30 p.m.
Wednesday - City Council Chambers — 3` Floor City Hall —15 West Kellogg Blvd.
8. Update - 501 Ashland Avenue — Major Variance request — Several variances in order to convert this
16-unit apartment building into 24-e�cinecy units and construct a front entry addition. l.) The
conversion will change the room count from 40 to 48 for a variance of 8 rooms (4,800 squaze feet). 2.)
The off-street parking requirement will increase from 24 to 36 for a variance of 12 spaces. 3.) The
existing front setback is 14 feet and the proposed setback is 10 feet, for a vaziance of 4 feet. Board of
Zoning Appeals — Heazing — December 8, 2003 — 3:00 p.m. — City Hall Room 330 — 15 West
Kellogg Boulevard,
9. Other items to be announced ...
Tuesday — January 20, 2004 — 6:00 p.m. — 7:00 p.m.
Agenda — To Be Determined ...
Location: St Albans Community Room
665 Selby Avenue
Saint Paul, MN 55104
Please call the Summit-University Planning Council with questions —(65I) 228-I855
See other side for Community Issues Meeting Natice
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�uv����-iTniversity �ia�ninb Council
Neighborhood Development Committee
Community Meetings
� Tuesday—November18,2003 I �� �� I
6:00 p.m. — 7:00 p.m.
1�l
Purpose:
,�Cl.�Zeview of Western Street and Marshall Avenue proposed 68-unit condo project—
(Community Task Force to meet on Monday — ll/IO /2003 at 6:00 p.»r. in St Albans Room) Heritage
Preservation Commission: "Concept Review" scheduled for Thursday — November 6, 2003 at 5:00 p.m. — Room
40 / lower level — City Hall —15 West Kellogg Boulevazd; Rezoning Request from a P-1 to
RM- 2(parldng to residential-multi) — Zoning Committee Tentative Hearing Date: November 13, 2003.
2. Update and review the TimberCraft Homes development at Dayton Avenue and Dale Street.
3. Housing and Redevelopment Authority (HRA) has received a development proposal for 736 Dayton Avenue /
request for other proposals due December 1, 2003; HRA will review proposal and approve disposition of parcel in
December 2003. �
4. Sign variance request of 34 %z feet for height of 72 feet for replacement sign at 374 North Le�ngton Parkway
hearing date — Hearing Date: 11-13-2003 — Saint Paul Planning Division / Office of LIEP.
5. 452 Selby Avenae — La Grolla Restaurant — appeal of Planning Commission's denying a site plan for a parking
lot with a11ey aceess — City Council Public Heazing — November 19, 2003 at 5:00 p.m. - City Council Chambers
— 3` Floor City Hall - 15 West Kellogg Boulevard.
6. 501 Ashland Avenue — Major Vaziance request — Several variances in order to convert this 16-unit apartment
building into 24-e�cinecy units and construct a front entry addition. 1.) The conversion will change the room
count from 40 to 48 for a variance of 8 rooms (4,800 squaze feet). 2.) The off-street pazking requirement will
increase from 24 to 36 for a variance of 12 spaces. 3.) The existing front setback is 14 feet and the proposed
setback is 10 feet, for a vaziance of 4 feet.
7. 988 West Central Avenue — Vaziance request for 6 inches side setback (required 4 feet — proposed 3.7 feet from
property line with an additional 4 feet from house); moving house from 1063 Mazshall (Jimmy Lee site) to vacant
lot (house burned down 20+ years ago); neighbor owning vacant lot in favor of proposal; other neighbor opposed
Board of Zoning Appeais scheduled for December 8, 2003.
Notes:
a. City Council Public Heazing on "rezone requesY' for 280 Ravous Street —November 5, 2003 at 530 p.m. — 3`� Floor
City Hall - Council Chambers — 15 West Kellogg Boulevazd (rezone request was approved by SUPC Board on
09/23/2003).
�eritage Preservation Commission; Public Hearing — November 20, 2003 — S:OOp.m. Room 40 City Hall — 15 West
Kellogg Blvd. — 411 Laurel Avenue building permit to replace wood windows with vinyl windows; 977 Portland
> Ave. building permit to rehabilitate the exterior of the house including rebuilding front porches; Southeast corner of
Western & Marshall streets — concept review to consuvct six story 68-unit condominium building.
Tuesday — December 16, 2003 — 6:00 p.m. — 7:00 p.m.
Purpose:
1. Update on Jimmy Lee Recreation Center refurbishing and expansion project.
3. Update on Transit Oriented Development Study University Avenue and Dale Street / District 8 Area Plan
review update.
4. Public Art Saint Paul "Western Park" Project discussion.
5. Application for Liquor On Sale — Over 100 seats, Liquor On Sale — Sunday, Restaurant (B) — more than 12 seats —
394 University Avenue West — Mai Village Restaurant.
6. 988 West Central Avenue — subdivision (lot split) to create 2(R-4) single-family residential parcels.
7. Portland Avenue — Victoria / ChatswoMh — Milton — William Mitchell School of Law - new parking permit
from 8am-8pm — Public Hearing — City Council — December 17, 2003 — 5:30 p.m. Wednesday - City Council
Chambers — 3` Floor City Hall —15 West Kellogg Bivd.
8. Other items to be announced ...
Location: SL Albans Community Room 665 Selby Avenue
Saint Paul, MN 55104
Please cal[ the Summit-University Planning Council with questiores —(65l) 228-1855
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