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08-320Council File # � Green Sheet # 3050792 1 2 3 4 5 6 7 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 39 40 41 42 43 OF Presented by MINNESOTA 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: a-a WHEREAS, Pursuant to Minnesota Statutes §462.357 and §64.400 of the Legislative Code, William Edrington, in Zoning File # 07-179-179, duly petitioned to rezone 180 George St W, being legally described as NELSON STEVENS AND KING'S ADDITION TO WEST ST PAUL LOT 2 BLK 5, PIN 072822130050, from RT1 Two-Family Residential to RT2 Townhouse Residential to legalize a triplex; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on December 20, 2007, for the purpose of considering the rezoning petition, and pursuant to §107.03 of the Administrative Code, submitted its recommendation to the Pianning Commission for approval; and WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on Dec 11, 2007, 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 January 7, 2008, 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 March 5, 2008, 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 ��sa�rsHE� THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: � p � 1008 Section 1. That the zoning map of the City of Saint Paul, Sheet Number 37, 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 180 George St W, being more particularly described as: NELSON STEVENS AND KlNG'S ADDlTlON TO WEST ST PAUL LOT 2 BLK 5 be and is hereby rezoned from RT1 to RT2. Council File # �'3�'b 1 2 3 4 5 6 7 8 9 Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and pubiication. ��'�+_1SHE� MuY Q 51008 Adopted by Council: Date: �//���OD� Adoption Certified by Council Secretary By: ./// �%l �ISG�.°J Approved by ay r: Date: � By: Requested by Department of: Plannin and n� o� Develo ment � ` By � � Approved by Financial Services � Form Approved by City Attorney ay: /'l✓.l✓�,..., 3-13-op 'LFif a'J—{Y1-11�i Approv d ry�ay rfor Su i sion Council / By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � �g �3ab PE — P��no�a%&EcouomicDevelopment � 06-MAR-08 Contact Person 8 Phone: Patrida James 266-6639 Must Be on Couneil 4aen Doc. Type: ORDINANCE E-Document Required: Y DocumentConWCt: PatriciaJames ConWctphone: 266-6639 � � I 0 Assign i 1 Number Z For Routing 3 Order I 4 I 5 6 Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3050792 tyAttorneY CitvAttornev � ayor's 0f5ce I MavodAssistant �ouncil I Ctin' Council I CSty Clerk (,titv Clerk lanoin¢ & Economic Develoome Paricia James I Adopt ordinance memorializing City Council acrion approving the rezoning from RTl Two-Family Residenrial to RT2 Townhouse Residential to legatize a iriplex for proper[y a[ 180 George St. W., between Bellows and Waseca (ZF# 07-179-179). Public�f. hearing held February 6, 2008. Planning Commission 1. Has ihis person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has ihis person/firtn ever been a city employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any curzent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why): The applicant purchased an illegally reconstructed tdplex. The applicant needed Council approval of the rezoning or he would have had to remove the illegal third unit. The City Council approved the rezoning on March 5, 2008. C�_ . �,. AdvantageslFApproved: Rezoning ordinance will be adopted per City Council intent. DisadvanWges IfApproved: None. DisadvanWges If NotApproved: Ciry Council action willnot be completed. Transaction: Funding Source: Financial Information: (F�cplain) Activity Number: MAR 12 2008 CosURevenue Budgeted: March 6, 2008 9:03 AM Page 1 DEPARTMENT OF P[,ANNING & ECONOM[C DEVELOPMENT Cecrle Bedor, Dvecmr Q a�-�aa CTTY OF SAII�IT PAUL Chrrsmpher B Coleman, Mayor December 31. 2007 Ms. Mary Erickson City Council Research O�ce Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Erickson: 2J Wes! Fourth Street Sant Paul, MN 55102 Telephoae: 651-266-6700 Facsimde: 6�1-228-3220 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, February 6, 2008, for the following zoning case. Zoning File Number: File Name: Applicant: Address: Purpose: 07-179-179 William Edrington William Edrington 180 George St W, between Bellows & Waseca Rezoning from RT1 Two-Family Residential to RT2 Townhouse Residential to legalize a triplex Previous Action: Zoning Committee Recommendation: approval, 6- 0, December 20, 2007 Planning Commission Recommendation: approval, 10-6 (Barrera, Bellus, Kramer, McCall, Nelson, Smitten), Dec 11, 2007 1 have confirmed this day with Councilmember Thune's office. My understanding is that this public hearing request will appear on the Council agenda on or before the January 23, 2008, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 651-266-6639 if you have any questions. Sin.`c�rely, �`\ �� I � , � V° � � � ,�v�.^� ,C Patricia James City Planner cc: File #: 07-179-179 Applicant: William Edrington Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson NO'FICE OF PiJBLIC HEARING 'lYie Saint Paul City Council will con- duct a public hearing on Wednesday, Feb- mary 6, 2005 at 5;30 p.m. in the,City Council Chambers, Third Floor City Hall/Courthouse, 15 West Kellogg Boule- vard, St. Paul, MN, to consider the appli- cation of Wllliam Edrington to rezone properly at �280 George Sh West, be- tween Bellows and Waseca Streets, from RTY (1Wo-Family Residential) to R1'2 (Townhouse Residential) to legalize a 1ri- ples.[ZF'07-179-179] . Dated: December 31, 2007 ' MARY ERICKSON Rssistant�City Council Secretazy . (3��+u� � —__= ST. YAUL LEGAL LEDGER =__ '—_ 22155863 AA-ADA-EEO EMPLOYER DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Cecde Bedor, Oneclor Og-3ab „>, irt. � AAAA • • CTTY OF SAINT PAUL Chns(opher 8. Coleman, Mayor January 28, 2008 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Re: Zoning File #: File Name: Applicant: Address: Purpose: 15 Wes! Fourth Slreet Saent Paul. M.V 55102 Q Telephone: 651-166-6700 Facstmrfe: 65/-228-3220 07-179-179 William Edrington William Edrington 180 George St W, between Bellows & Waseca Rezoning from RT1 Two-Family Residential to RT2 Townhouse Residential to legalize a triplex Citv Council Hearina Februarv 6. 2008 5:30 p.m. Citv Council Chambers Staff Recommendation: District Council: Zoning Committee Recommendation: Support: Opposition: Planning Commission Recommendation: Deadiine for Action Staff Assigned: Denial District 3 recommended approval Approval, vote: 6 - 0 Three people spoke in support and 1 No people spoke in opposition and 1 Approval, vote: 10-6 (Barrera, Bellus Nelson, Smitten Waived by applicant Patricia James, 651-266-6639 :� letter was rec ived. letter received. Kramer, McCall, Attachments: Planning Commission resolution: 07-80 Planning Commission minutes, December 28, 2007 Zoning Committee minutes, December 6& 20, 2007 Deadline for Action Extension Letter Correspondence received Staff Report packet cc: Zoning File 07-179-179 Applicant: William Edrington City Council Members District Council: 3 Wendy Lane Larry Soderholm Allan Torstenson Peter Warner AA-ADA-EEO Employer 6g�3�b � city of saint paul planning commission resolution file number o�-$o • date December 28. 2007 WHEREAS, William Edrington, File # 07-179-179, has applied for a rezoning from RT1 Two-Family Residential to RT2 Townhouse Residential to legalize a triplex under the provisions of � 66.801(b) of the Saint Paut Legislative Code, on property located at 180 George St W, Parcei Identification Number (PIN) 072822130050, legally described as NELSON STEVENS AND KING'S ADDITION TO WEST ST PAUL LOT 2 BLK 5; and WHEREAS, the Zoning Committee of the Planning Commission, on December 20, 2007, held a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of � 61.303 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 hearNg as substantially reflected in the minutes, made the following findings of fact: 1. The property is a legal dupiex in the RT1 zoning district. It appears from Department of Safety and Inspection (DSI) records that the building was damaged by fire in approximately 2002, and was vacant for a period of time. When the property was rebuilt, a third floor was added and turned into a third unit. The owner has been informed that the property is illegal as a tripl ex and is requesting a rezoning to RT2 in order to keep the third unit, where he currently resides. 2. The proposed RT2 zoning is consistent with the way this area has developed. There are multiple family structures in the block immediately east of the property, and there appear to be two other triplexes on the block between Bidwell and Waseca (184-186 and 201 W. George). Otherwise, the area where this building is located is predominantly duplex and single family. 3. The proposed zoning is consistent with the Housing Chapter of the Comprehensive Plan. Policy 5.2 states: "Promote good design solutions for housing that meets newer market needs and compiements existing Saint Paul nerghborhoods, designs that use the smaller development sites creatively and that provide for housing in mixed-use neighborhood centers." The West Side Community Plan Summary, adopted by the City Councii in 2001, states: The West Side supports a range of housing types, both rental and owner-occupied, fhat are well maintained and of high quality. Rehabifitation should aiways be considered as an opfion before demolition. A balance of housing options is critical to preserving the character of the neighbo�hood. A variety of affordable and market rate housing, housing for seniors which will open up single-family homes for young families, and a respect for traditional housing sty/es and materials a�e preferred. Multi- famiiy/mu/ti-unit housing developments should be /ocated a(ong major thoroughfares. The proposed rezoning would provide a range of housing types, inciuding rental, but would locate a multiple family development along a local street. moved by Morton seconded by �in faVor ,o aga�n$t _ 6�Barrera,Bellus Kramer,McCall Nelson Smitten) Zoning File # 07-179-179 Pfanning Commission Resolution Page 2 of 2 4. Althdugh the proposed rezoning to RT2 would create a single, undersized parcel with RT2 zoning in an area otherwise zoned RT1, it is compatible with the mixed density character of the area. 5. The Planning Commission has estatrlished guidetines for applicatiorts to rezone singte parcets for triplex conversions. While not themselves requirements, these guidelines lay out additional more objective factors the Planning Commission wishes to consider i� determining whether to recommend approval of these rezoning applications. The Pianning Commission's Triplex Conversion Guidelines sfate fhat sfaff will recommend denial uniess the following guidelines are met: � A. Lot size of at least 10,000 square feet. This guideline is not met. This criterion is based on an eariier version of the zoning code tfiat required a minimum Iot area of i0,000 sq. ft. for muitiple famity uses. The current zoning code requirement is 9,000 sq. ft. However the lot area of this parcel is 7500 sq. ft. A lot area variance should be obtained from the Board of _7 A I� o , ± +h rh 9'-r`PP°°'� 1 "' _ '__'.....� " �'_�_"�' 8. ln the case of exrsting houses, a gross living area atter completion of the conversion of at - (east 2,700 square feet for the three units. This guideline is met. According to figures provided by the applicant, the gross living area for ali three units is 3,600 sq. ft. C. ln the case of existing houses, four off-street parking spaces (non-stacked) are preferred, three spaces are a minimum requirement IVew triplexes are required to provide four off- . street paricing spaces. A site plan showing improved (durable, permanent, dustless surface) parking spaces must be provided. This guideline is met. The applicanYs site plan shows a 3-car garage and space for additional cars to park along the property line. While it is not clear that the space along the property line can actualiy accommodate additional cars, three spaces are provided in the new garage. D. The properfy is located within a mixed density or mixed use neighborhood, not in a homogeneous single-family area orin an area where duplexes and triplexes are already concentrated to the point of congesting neighborhood streets. This finding is met. There is a mix of residential densities in the immediate area, and neighborhood streets do not appear congested. E. The units must be inspected by the Fire Marsha!'s Office as part of the Ce�cate of Occupancy program required fora!l residen6al strvctures with lhree ormora units. This guideline can be met. The Fire MarshaPs offce has inspected the building and has found a series of deficiencies. The applicant has stated he will remedy these deficiencies upon City Council approval of the rezoning to RT2. At that time, a Certificate of Occupancy can be issued. F. An economic feasibilify analysis has been conducted for those cases where economic hardship is claimed as one reason for the variance request. Applicant should supply city staff with the necessary information. This g�idetine is met. The applicant has submitted an analysis showing a larger negative cash flow if the third unit is not allowed. NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission, recommends to City Council, thaf the application of Wiiliam Edrington for a rezoning from RT1 7wo-Family Residential to RT2 Townhouse Residential to legalize a triplex for property at 180 George St W • be approved. �: , i � Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard West Minutes December 28, 2007 A meeting of the Planning Commission of the City of Saint Paul was held Friday, December 28, 2007, at 10:30 a.m. in the Conference Center of Ciry Hall. Commissioners Mmes. Donnelly-Cohen, Faricy, Lu, McCall, Morton; Wencl; and Present: Messrs. Barrera, Bellus, Commers, Cudahy, Goodlow, Gordon, Johnson, Kramer, Nelsan, and Spaulding. Commissioners Ms. *Porter, and Messrs. *Alton, *Margulies, *Rosemark. Absent: *Excused u \ J Also Present: Larry Soderholm, Planning Administrator; Patricia 7ames, and Sonja Butler, Department of Planning and Economic Development staff: I. Approval of minutes December 14, 2007. II. Q �. MOTION: Commissioner Johnson moved approval ofthe minutes ofDecember I9, 2D07. Commissioner Gordon seconded the motion. The motion carried unanimously on a voice vote. Chair's Announcements Commissioner ponnelly-Cohen, who is the Commission's first vice chair, chaired the meeting. She had no announcements. - Planning Administrator's Announcements , T_.any Soderholm reported on planning-related business at the City Council for last week and theu agenda for next week. Zoning Committee NEW BUSINESS #07-179-179 William Edrin on — Rezoning from RTl Two-Family Residential to RT2 Townhouse Residential to legalize a triplex. 180 George Street W., between Bellows and Waseca. (Patricia.7ames, 651/266-6639) Commissioner Morton snmmarized the case and the Zoning Committee's recommendation. Commissioner Smitten wanted to know if they got a building permit in 2002 to add the third unit. \ � :�, :, ,,; � She also questioned the process because the Boazd of Zoning Appeals fiasn't approved the lot area variance yet. She asked if it were procedurally appropriate for the Planning Commission ta be taking action on this. Patricia lames, staffperson, responded stating tfiat the previous building owner did take out building permits to do the consti to repair the duplex after a fire. He was told consistendy that he was to be reconsh the duptex. Ae ended up creating a huge third story and arranging it so that it would be a third unit. When he sold the duplex to the current owner, the new owner was awaze that he needed to do this rezoning. The new owner first applied for both the rezoning and the lot size variance, but never submitted the fee for the variance. He then asked that it be taid over. $ventually he was advised to go afiead with the rezoning applicarion, wfiich. has to be approved by the City Council. If the City Council denies the rezoning, the lot variance will not be needed. If the City Council approves the rezoning, then the Board of Zoning Appeals would consider the lot azea variance. Commissioner Nelson siated concem about the economic analysis. Ae stated that it appeazs the � r r�• r r f + r' � r. f th 't� z� .f .� +1, + even if the third unit is owner occupied, there should be some kind of imputed rent for the third unit. Otherwise the economic analysis is totally unrealistic. This building was converted illegally. Approving the rezoning makes it appear that anybody can do whatever they want and after the fact come in, and we will approve it. For these reasons he stated he would vote against the rezoning. Commissioner Gordon said that he supports the rezoning. The procedural issue was raised at the i Zoning Committee, and the Committee was advised by the Ciry Attomey and stafFthat it was appropriate to go ahead and consider the rezoning while the variance would subsequently be considered by the Boazd of Zoning Appeals. He also stated on the record that he encourages the Board of Zoning Appeals, at the time of consideration of the vaziance, to also consider attaching an owner-occupancy condition to an approvat of the variance. Commissioner Bellus stated that he a�ees with Commissioner Nelson and opposes the rezoning. He stated that the economic analysis is flawed. There needs to be some kind of fmding regarding the economic analysis beca�se it is one of the reasons available for denial. There aze flaws on the income side and the expense side. He questioned the fmding of a larger negarive cash flow ifthe third unit is not allowed withouS more relevant facts. _ Commissioner Kramer referred to the zoning map and noted that this is a completely RTl-zoned area, and the justification that this is not a spot rezonina is only because there are a couple of nonconforming h on one block and on a different block there aze some apartment buildings. This is basically taking a lot in the middle of an RTl zoned azea and rezoning it to RT2. The triplex on the nort� side of George on the same block acivatly is located on a double lot. It probably meets the lot size requirements. That leaves one nottconfotming triplex next door, and to suggest rezoning the duplex to make it a legal triple� while leaving the triplex next. door to it legal nonconforming doesn't make sense. There aze a lot of legal duplexes on the block, but there is only one lega( triplex on this block. "He expressed concarn that rezoning this duplex to RT2, would invite duplexes along Stevens that ue on similaz size lots or even larger lots to rezane to RT2. The PlaQning Cornmission could not then say no to them. He stated he • would be vo6ng against the rezoning. ��3 �b • Commissioner Cudahy siated that he apQreciated Commissioner Gordoa's comments and he had checked with the District 3 Council's Building and Land Use Committee, which supports the rezoning. He stated he does not think a h is out of character for the properties along George in this particulaz section. Because of that and Dish 3's support, he voiced support for the rewnino. � MOTION: Commissioner Morion moved the Zonzng Cammittee's recommendation to approve ihe rezoning. Commissioner Bellus called for a roll call vote. ROLL CALL VOTE: The motian to approve carried on a ro[I call vote af IO-6 (Barrera, Bellus, %ramer, McCall, Nelson, Smitten). Pro osed zonin amendment ertainin to malt li uor manufacturin . Review and recomtnendation of City Council proposed amendment to Zoning Code chapters 65 and 66 to permit malt liquor manufacturing in the B2 CommuniTy business district. (Patricia.7ames, 651/266-6639) Commissioner Morton summarized the case and the Zoning Committee's recommendation. Commissioner Bellus asked what a growler was. • Patricia Lindgren, staff person for Councilmember Dave Thune, showed a pictura of a growler. Comrttissioner Smitten asked if the growlers were something you put a deposit on and brought back to get refilled. Ms. Lindgren answered that a person would purchase the growler and it would be reusable for that individuaL They aze not retumable for someone else to use. Commissioner Cudahy added that there aze other brew pubs in the azea that sell growlers. They ue very common out in the Pacific North West areas. MOTION: Commissioner Morton moved apprnval of the draft resolution. The mofion carried unanimously on a voice vote. V. Comprehensive Planning Committee Chair ponnelly-Cohen announced the next meeting will be on January 22, 2008. VI. Neighborhood and Currenf P(anning Committee Commissioner Kramer announced the next meeting will be o� January 16, 2008 and the topic is Sober Houses. � VII. Communications Commission � Recorded and prepared by Sonja Butler, Planning Commission Secretary Planning and Economic Development Department, City of Saint Paul Respectfully submitted, Larry S erholm, AICP Planning Administrator butle�lflemine December 28, 2007 Approved ��/ � _ ate) /�/���� � M lyn Porter � Secretary ofthe Planning Commission �J 1 1 � � ' . . � . • MINUTES OF THE ZONING COMMITTEE Thursday, December 20, 2007 - 3:30 p.m. City Council Chambers, 3rd Floor City Hall and Court House 15 West Kellogg Boulevard PRESENT: EXCUSED: STAFF: Afton, Donneily-Cohen, Gordon, Johnson, Kramer, and Morton Faricy and Rosemark Carol Martineau, Allan Torstenson and Peter Wamer The meeting was chaired by Commissioner Morton. William Edrington - 07-179-179 - Rezoning from RT7 Two-Family Residential to RT2 Townhouse Residential to legalize a triplex, 180 George St W, between Bellows & Waseca Allan Torstenson presented the staff report with a recommendation for deniai of the rezoning. He noted that there was a letter in the packet from the next door neighbor in opposition to the rezoning, and a letter from District 3/VNest Side Citizens Organization in support. He also referred to other documents in the packet: Rental Registration of the house as a duplex, Truth in Sale of Housing lnspection in the spring of 2007 showing the house as a legal dupiex, and the Fire C of O letter in the fall of 2007 noting the illegal third unit. At the inquiries of the Commissioners, Mr. Torstenson stated there had been no application for a lot area variance. If the rezoning is approved, a lot area variance would be needed and would go the Board of Zoning Appeals. William C. Edrington, the applicant, passed out pictures of the triplex and explained each floor of the building (see Planning Commission Summary 180 George), and said the house has ample square footage for three units. He said the fire inspector had recommended waiting to make expensive corrections to deficiencies related to use of the house as a triptex until the rezoning is approved. Commissioner Gordon asked when the three water heaters and three furnaces were put in. Mr. Edrington said they were put in after the fire in 2002. Beverly Cayetano, West Side Citizens Organization Board Member, stated they recommend approval of the rezoning because the property has adequate parking and is owner occupied (see WSCO Letter). Carios Garcia Ve{ascfl, Executive D+rector of WSCO, explained that the Building and Land Use Committee represents the formal position of the organization on issues like this. He said they have concerns about how the previous owner converted the property to three units, but support the rezoning because the property is owner-occupied. Commissionec Kramer pointed out that ths prope+ty coufd be soid at any time, and they can't require that it be owner-occupied. File Number 07-779-179 December 20, 2007, Zoning Committee Minutes Page 2 of 2 Mark Santon, 213 Mount Hope Drive, stated he supports the rezoni�g because higher density is necessary for the city and energy conservation if there's room and it's quality construction. No one spoke in oppositiort. The public hearing was closed. Commissioner Gordon moved approval of the rezoning based on its compatibiiity with the mixed density character of the area (two other friplexes on the block and multi-family structures on the block to the east). He also noted that the 75D0 sq. foot lot area is not too removed from the 9000 sq. feet required, and perhaps owner-occupancy could be a condition of a lot area variance. Commissioner ponnne((y-Cohen seconded fhe motion. Commissioner Kramer asked is Chis wouid be spot zoning. � Alian Torstenson responded that Minnesota courts have stated that the term spot zoning applies to zoning changes that establish a use classification inconsistent with the surrounding uses, create an island of nonconforming use within a larger zoned district, and dramatically reduce the value for uses specified in the zoning ordinance of either the rezoned piot or abutting property. . Based on this, it is unclear that this would be spot zoning. The motion passed by a vote of 6-0-0. Adopted Yeas - 6 Nays - 0 Q Abstaine�- 0 Q Drafted by: Submitted by: Approved by: � , � �— � Carol Martineau �Allan Torstenson � rton Recording Secretary � Zoning Section Chair • 68 -3�b � . PRESENT: EXCUSED: MINUTES OF THE ZONING COMMITTEE Thursday, December 6, 2007 - 3:30 p.m. City Counci{ Cfiambers, 3rd Floor City HaII and Court House 15 West Kellogg Boulevard Alton, Kramer, Morton and Rosemark Donnelly-Cohen, Johnson, Gordon, and Faricy, STAFF: Patricia James, Carol Martineau, Allan Torstenson and Peter Wamer The meeting was chaired by Commissioner Morton. William Edrington - 07-179-179 - Rezoning from RT1 Two-Famity Residential to RT2 Townhouse Residentiaf to (egalize a triplex, 180 George St W, between Beilows 8� Waseca Willliam Edrington, applicant requested a lay over until December 20, 2007. The public hearing is open. Commissioner Richard Kramer moved lay over of the rezoning. Commissioner Brian Alton seconded the motion. The motion passed by a vote of 4-0-0. Adopted Yeas - 4 Nays - 0 Drafted by: ���������� Carol Martineau Recording Secretary Patricia James Zoning Section Abstained - 0 � Approved � G� Chair • DEPARTMENT OF PLANNING & � ECON6MiC DEVELOPMEN'C Cecrle Bedar Director "'�`�� Dg -3a-d CTTY OF SAINI' PAUL Chnsmpher 8 Cofeman, Mayor • u January 25, 2008 William C Edrington 180 George St W St Paul MN 55107-2758 RE: Zoning File # 07-179-179, Wiiliam Edrington Dear Mr. Edrington: 25 West Four�h St�eet Telephone: 651-266-6700 SaintP¢u( MN55102 Facs'vnde' 651-228-3220 On October 16, 2007, you appiied to rezone property at 180 George St W. You subsequentiy requested that the public hearing on your request be laid over until December 20, 2007. After the public hearing by the Saint Paul Planning Commission's Zoning Committee on December 20, 2007, the Commission voted to recommend approval recommended of your request on December 11, 2007. The Planning Commission's recommendation is being forwarded to the City Council for their action. Minnesota Statutes 15.99 requires that all city action on zoning applications be completed within 60 days of the date the application is made, but ailows the City to extend this period for an additional 6� days (total of 120 days). In your case, you waived your rights under this statute so that consideration of your application could be postponed for 42 additional days (see attached letters). The postponement has also delayed the City Council public hearing on your rezoning, which is also required by state law. The City of Saint Paul is therefore extending the deadline for actian from January 26, 2008, (the original 60 day deadline plus the 42 days it was postponed) to March 26, 2008. The City Council public hearing on this rezoning has been scheduled for February 6, 2008. Piease contact me at 651-266-6639 or patricia.james@ci.stpaul.mn.us if you have questions. Si erely, _ �� Patricia James City Planner cc: Fle # 07-179-179 ZoFling Administrator Lieense Inspector District 3 Community Council .4A-ADA-EEO EMPLOYER WEST SIDE CITIIENS OflGANI�AiION December 11, 2007 Pafricia James Deparlment of Planning and Economic Development Zoning Section 25 West Fourth Street Saint Paui, Minnesota 551 Q2-1634 Re: Rezone from RTl to RT2 for 180 George Stteet VJest Zoning File#: 07-179179 ' To Whom It May Concem: The West Side Citizens Organization's Building and Land Use Commiitee mat on Tuesday November 13�'. The rezo 117Il� of the pmperty located at 180 George Street West was on the Agenda. Neighbors were flyered and some were in attendance. Due to the fact that this property is owner occupied, has adequate paziang, and the owner has demonstrated due dilib nce, at this time it is WSCO's Building and Land Use Committees formal position that we support the canversion of the duplex into a�ipl ex. request has been supported, aI1 other similar items will be considered, s�ictly, on a �basis, as we aze shilt concerned about how the previous owner converted this 127 Wesf Winifred St. St.-Paul, MN 55107 Phone:(651)293-170� Fax: (651) 293-0115 www.wsco.org � n _ O n�-, � , �" ��Gm"J�a „w�-r� � � U ��ACt�ns Carlos Gatcia-Velasco President Lead Organizer/ Executive Director � West Side Citizens Organization L�rest S2de Cz4zens �r�,,;�a�oII �g �3�-0 • Re. File #07-179-179 November 29,2007 My name is David Morford and I am the owner of 184, 186 George St W, the property direcdy to the west of the subject property. I strongly oppose the proposal to convert this property to a triplex. The property currently is, and has been for several yeazs, illegally operated as a triplex despite its current zoning as a duplex. As such, it had not been properly inspected and issued a certificate of occupancy by the St. Paul Fire Department. This is of particulaz concern to me as this property burned to the ground in 2001 causing in excess of $50,000 worth of damage to my house. As a result my insurance premiums aze still far larger than they would otherwise be. I would maintain that if Mr. Edrington wishes to propose any legai changes to the property, he would first comply with the current zoning, rather than continue to operate it illegally as a triplex as he has done. Furthermore, Mr. Edringtons livelihood is derived from the creation and operation of group homes, more specifically sober houses. The lack of oversight of these particular types of group homes has caused the city of St. Paul to place a moratorium on new homes pending furthex study. Many of the areas of concem arise from the density of residents often needed to make them a profitable venture. This leads to not only life safety issues for the residents themselves, but also frequenUy to pazking problems for surrounding • residents. The property in question is currenfly overbuilt with regard to the size of the lot allowing for only m;nimal off street pazking. When I was originally approached by Mr. Edrington regarding his intentions to attempt to rezone, I eapressed my concerns that he would convert the property to a sober house. He assured me that was not his current intent. In light of the moratorium I can now see why. After some thought on the subject, I agreed to sign a petifion supporting the possible conversion to a triplex, if Mr. Edrington would sfipulate that he would at no tune dimng his ownership of this property convert it into a sober house. He declined. I would wonder if my neighbors were xnade aware of the possible fiirther conversion of this property to a sober house before they signed the pefition. I would azgue tfiat the current zoning of the properiy as a duplex wouid assist in limiting the density of residents if at some time in the future Mr. Edrington chooses to operate a sober house at tlus residence. I also believe that by eontinuing to operate the property illegally as a triple� Mr. Edrington is exhibiting an unwillingness to work within parameters of the zoning law as it now e�sts. It would seem unreasonable to eatend further considerations under these circumstauces. Sincerel , .; � �9 " �t1` � c/`--- Ib • David Morford » � r� U • ZONING COMMITTEE STAFF REPORT 1. FILE NAME: Wiliiam Edrington D$ -3�b FII.E #: 07-179-179 2. APPLICANT: William Edrington HEARING DATE: December 6, 2007 3. TYPE OF APPLICATtON: Rezoning-Council 4. LOCATION: 180 George St W, between Bellows & Waseca 5. PIN & LEGAL DESCRIPTION: 072822130050; NELSON STEVENS AND KING'S ADDITION TO WEST ST PAUL LOT 2 BLK 5 6. PLANNING DISTRICT: 3 EXISTING ZONING: RT1 7. ZONING CODE REFERENCE: § 66.214; §66221; §66.231; §61.801(b) 8. STAFF REPORT DATE: November 28, 2007 Rev. 12t10707 BY: Patricia James 9. DATE RECEIVED: October 16, 2Q0760-DAY DEADLINE FOR ACTION: Waived by appl icant time this staff report was prepared. A. PURPOSE : Rezoning from RT1 Two-Family Residential to RT2 Townhouse Residential to legalize a triplex. B. P ARCEL SIZE: 50 ft. (George) x 150 ft. = 7500 sq. ft. C. EXISTING LAND USE: Iliegal three-unit building D. SURROUNDING LAND USE: The site is surro�rnded by mixed density residential uses in the RT1 zoning district. E. ZONING CODE CIT ATION: § 66.214 states the intent of the RT2 district; §66.221 lists permitted uses in residential districts; §66.231 provides the density and dimensional standards for residential districts; §61.801(b) provides for changes to the zoning of property initiated by the property owner. F. HISTORY/DISCUSSION: There is no zoning history for this property. G. DISTRICT COUNCIL RECOMMENDATION: District 3 had not commented at the H. FINDINGS: 1 2. 3. The property is a legal duplex in the RT1 zoning district. It appears from Department of Safety and Inspection (DSI) records that the buiiding was damaged by fire in approximately 2002, and was vacant for a period of time. When the property was rebuilt, it appears that the third floor was extensively enlarged, remodeled, and turned into a third unit. The owner has been informed that the property is illegal as a triplex and is requesting a rezoning to RT2 in order to keep the third unit; where he currently resides. The proposed RT2 zoning is consistent with the way this area has developed. There are multiple family structures in the block immediately east of the property, and there appear to be fivo other triplexes on both sides of the block between Bidwell and Waseca (184-186 and 201 W. Georqe). Otherwise, the area where this buildinq is located is predominantiv duplex and sinqle familv. The proposed zoning is consistent with the Housing Chapter of the Comprehensive Plan. Policy 5.2 states: "Promote good design solutions for housing that meets newer market needs and complements existing Saint Paul neighborhoods, designs that use the smaUer development sites creatively and thaf provide for housing in mixed-use neighborhood centers." The West Side Zoning File # 07-179179 Zoning Committee Staff Report Page 2 of 3 Community Plan Summary, adopfed by the City Council in 2001, states: The West Srde supports a range of housing types, bofi5 rental and owner-occupied, that are well maintained and of high qua(ity. Rehabilitation should always be considered as an option before demolition. A balance of housing options is critica! to prese�ving the character of the neighborhood. A variefy of affordable and market rate housing, housing for seniors which will open up single-family homes for young families, and a respect for tradi6onal housing sfyles and materials are preferred. Muiti-family/multi-unit housing developments should be located along major thoroughfares. The proposed rezoning wouid provide a range of housing types, including rental, but would locate a multiple family development along a local street. 4. The ro osed rezonin to RT2 is com atible with mixed densi character of the area; althouqh it wouid create a sinqle, undersized parcel with RT2 zoninq in an area othen�vise zoned RT1 • 5. The Planning Commission has established guidelines for applications to rezone smg e parce s or rip ex con . , these guidelines lay out additional more objective factors the Planning Commission wishes to consider in determining whether to recommend approval of these rezoning applications. The Planning Commission's Triplex Conversion Guidelines state that staff wiil recommend denial unless the following guidelines are met: A. Lot size of at least 10, 000 square feet. This guideline is not met. This criferion is based on an earfier version of fhe zoning cade fhat required a minimum lot area of 10,000 sq. ft. for multiple family uses. The current zoning code requirement is 9,000 sq. ft. However the lot area of this parcel is 7500 sq. ft. A lot area variance should be approved by the Board of Zoning Appeals prior to rezoning the property. B. In the case of existing houses, a gross livrng area after completron of the conversion of at /east 2, 700 square feet for the th�ee units. This guideline is met. According to figures provided by the applicant, fhe gross living area for all three units is 3,600 sq. ft. C. ln the case of existing houses, four off-street parking spaces (non- stacked) are prefer�ed; three spaces are a m�nimum requiremenl. New triplexes are required to provide four ofi`-street parking spaces. A site plan showing improved (durabie, permanent, dustless surface) parking spaces must be provided. This guideline is met. The applicanYs sife pian shows a 3-car garage and space for additional cars to park along the property line. While it is not clear that the space along the property line can actually accommodate additional cars, three spaces are provided in the new garage. D. The property is located within a mixed density or mixed use neighborhood, not in a homogeneous sing/e-fami/y area or in an area where duplexes and triplexes are already concentrated to the point of congesfing neighborhood st�eets. This finding is met. There is a mix of residential densities in the immediate area, and neighborhood streets do not appear congested. u � • Zoning File # 07-179179 Zoning Committee Staff Report Page 3 of 3 �� i � E. The units must be inspected by the Fire Marshal's O�ce as part of the Certificate of Occupancy program required for all �esidential structures with three ormore units. This guideline can be met. The Fire Marsha�'s office has inspected the buiiding and has found a series of deficiencies. The applicanf has stated he will remedy these deficiencies upon City Council approval of the rezoning to RT2. At that time, a Certificate of Occupancy can be issued. F. An economic feasibility analysis has been conducted for those cases where economic hardship is ciaimed as one reason for the variance request. Applicant should supp(y city sfatf with the necessary information. This guideline is met. The applicant has submitted an analysis showing a larger negative cash flow if the third unit is not allowed. • STAFF RECOMMENDATION: Based on findinqs 1, 4 and 5A, staff recommends denial of the rezoning from RT1 Two-Family Residential to RT2 Townhouse Residential to legalize a triplex. • a8 -� ao � swixr eauy �. IIAOA PETITION TO AMEND THE ZONING CODE Depar[ment of Planning and Economic Development Zoning Section *� 1400 City Hall Annex T��� 25 West Fourth Street Saint Paul, MN SSIO2 Telephone:65Z-Z66-6589 Far:651-266-9224 APPLICANT � Property Owner \nl1 L i) J��w'1 C.�52. it-�C��-.'TOt.� Address L��7 �Z7 i2� � 4��' _ Lv . City`>'j �f�Vt� Sttij'J Contact person (if different) l J PROPERTY LOCATION Address/Location 1 �u � �--��12�� ST 1o.ic Legaldescription'�I-elSb�n �-t-P,vnl%�< { �"'�5 C4uC�1�iJV1 � ✓V�Sk S� � �'GLt�� C.�� 2 $� S -- I(attach additional sheet if neeessary) TO THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 6].800 of the Saint P�ul Zoning Ordinance and to Section 462357(5) of Minnesota Statues, G(n +r1 S� n ��P "r �' l 4�+�4,"t�� , the owner of al e 1 d proposed for rezoning, hexeby peti$ons you to rezone the above descn ed properry from a �� zoning district to a ���i zoning distzict, for the purpose of: ��CC F1't-\2 it�l � � � l �l,'�� (attach additional sheet(s) if necessary) Attaciunents: Required site plan ❑ ❑ Affidavit ❑ Subsczibed and swom to before me this � da �Y ofQ�'����, 19 � . I • � � - "� � Sonja Elaine Taylor Butler MOTA�'Y PUBLIC - MMIA�SOTA , j�r - rvt�+COMMISSION �F����; JAN.31,2009 By: - Fee owner o roperty Title: [7C!//l/� IL _ Page 1 of _ r ; PRO FORMA INFORMATION SHEET - � FOR DUPLEX ANQ TRIPLEX CONVERSION CASES Con#inuation of Extra Units Required information ,__ G With Confinuation of Extra With Conversion of Sfructure • Unifs in Structure to Legal Number of Unifs Income , Total monthly rent income for all units �� Q(�7 - � Monfhly income from strucfure otherthan renf j" �. ^ Existing vacancy (if any) .�" � Effectivegross income (EGI) / morrth ' $ j� Q� :� 7`� Effecfive Gross Income / ear $ Z� -'(� � _$ ' j G� 6� O eratin Ex enses Annual 2 $_ D� j' �' _$ j 2 G�� � Maintenance � '� � - fnsurance - - � � � - L 7 � �� Utilfies (only include amount paid by landlord} �, �� C�i �� �(�- - Other(idenfify) �—� �� -� • Taxes � � � �j . � . - - Net Onerafina lncome (Annuali ' $ Z� K(� � y _ - $ �- 7 � [J - Monfhfy debf / morfgage payment Z., � 1J Z(�� f} � Annual debt paVment . � $ `'� � < <�� ,� ( �_cl� tL Rehab proiecfs � • �+ � Totaf cost of improvements ` l L[ �!7 j� Monfhly rehab debt payment ' �,�J Annual reha6 debt oaVment $ �� � (,�[/� - $ Cash Flow: profit. lloss) 4 - $ Z� � Ur,� -$ 2�(� _` � 2� � - NOTE �. Etfecfive Gross Ihcome =(7ota1 rertt income) -(Vacancy, if there is any) 2. Operating expenses are the sum ofthe next five lines, ihcl mainteriance, insurance, ufilities, faxes and others 3. Nef Operafing lncome =(Effective Gross lncomej - (Operating Expenses) 4. Cash FloW = (Net Operating Income) - (Annuai debt payment) ' . _ � � ' • � _ � � econhardtwo.xls . . . � � . � . . . . - -� -� . _ . . - " � . � . - � . � � � � � revised 7l28/03 � , � : _ .. � . . . ." . " . . . . � . I • • � SUMMARY INFORMATION SHEET FOR DUPLEX AND TRIPLEX COVERSION CASES Housing unit breakdown: Exisfing Proposed Number of units ' . L- . Z Number of bedrooms in each unif Unit 1 � Z Unit 2 � Unit 3 � 2 Size of each unit in square feet Unit 1 Z yb � Z(j(`�' Unit 2 � L�� � � 2,� Unit 3 ( 2 � � Debt: Initial principal amount 7 j��,Q ��� �p���r? 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I request a continuance of the pu�lic hearing on the application in tY�is Zoning File which is presently scheduled before the Zoniag Co�unittee on / 2� (,z Cl�-. I understar.d that a contim;ance of the public heazirg before tt��e Zoning Commit�ee meaas that --.the fmal decision nf.the P�ng -Commissaon on this applicauoa, �hich is presently scheduled on � 2=��'v _, will also be continued. on my application on I understand that the Zo mg Committee will continue the public hearing to � 2- 20 � U�-- and that the Planning Commission wiil make a decision I am aware of and understand the statutory requirements found in Minn. 5tat. § 15.99 (1995) requiring the Ciry of Saint Paul to approve or deny this application within sixry days o� its - -- submissioa. F desire requirement-for deeision on�e within the sixry day period. • Sincerely, �� / � ' Signa�ture of Applicant or Applicant's duly appointed representative. �,��\�� c,,,,t �z c�v� � Printed name of Applicant o• Applicant's duly appointed . representative. Oct 18 07 04:57p itl/ L.i! Lt7tl! ey: o-� b�211Nj228 � p.2 pr� e2rea � Reqnest �oz� Cvntinuance , Date f{5 ' G� 3•` O"� GIadys Mozton, Chair 2qning Committee Ciry of Saint Paui 1400 City Hal.l Annex Saiat Paut, Minnesota 55102 Re: Zoni.ng Ptte # Deaz Ms. MozYOa: o�- I�91�S I am the appticant or the appli�nYs ��]y appointed repzesemativ'e in the Zonivg k'il.e above sraced. � r.�est a conc;n ayP of the public heering on the applicacion in tht5 Zonin,g F[7e.w� ts ,�� presentiy schedvled 6efocc the Zoning Committes oa r( /rn,ra ���' �'�-C - � T uaderstand that a rnntinuznce of the pub3 ic h�zing befoze the Zoniug Commi�tee meaas chat . the..fnal deczsio of.the P!anniAg Commission on this applicarion which is presen�ly scheduled - o� t�.�\�- , will also be cantinned. I uaders�and thac tfie Zoning Couunittee wi[I continue che public hearing to � Y�,�,� c -� �� and at the Planniug Commissiau w make a decisiop on my application on . ��- 1� I am aware of and understand t�t statutory requirements fnund in Minn. Stat. § 15.99 (1995) requiring the Ciiy vf Saint Paut to agprove or deny tftis apptication within sixty days of iis ----- $ubmission,�kdesise�ta-w�t�tes3ahtitorY within the siziy dayperiod. • Sincertly, f / Signa�e of Applicanc or Appiicant's duly agpointed r�presentaiive. u�- ��;-� � s ��� t:� �,.� � Printed namc of Apgficant ar Appkcant's duly appointed repsesentazive. • • /i � • CJ CI'TY OF SAINT PAUL Randy C. Ke7(y, Mayar 13EIGHBO32F300D }30USING AND PROPERTY IMPROVEMENT Arsdy Dawk�es, Progrmn Direcfor 1600 iYlvte BearAve N Tel.� 65(-266-l900 SatntPaul,MN55lOb1608 Faz'65/-266-7926 PLACARD REMOVAL LETTER January 7,'2004 Patrick M Tilton 389 Warwick St StPaul MN 55105-2546 Dear Sir or Madam: The City of Saint Paul; Citizen Service Office, Division of Code Enforcement has reinspected the property located at 180 GEORGE ST W and has determined that the conditions causing the Notice Of Condemnation and Order to Vacate have been corrected and this property may now be reoccupied. This is your written authorization to remove the placards of condemnation and reoccupy the property. • The Mayor, the City Council and Enforcement staffthank you for cottecting this condition. Maintenance and improvement by the owners of property in Saint Paul will continue to assure a high quality of life for all citizens of Saint Paul. If you have any questions about this letter, or if you require additional information, please contact the Inspector, Dennis Settty at 651-266-1930. Sincerely, ANDY DAWKINS Andy Dawkins Director .lg cc Ramsey County Assessor's Office Public Housing Agency, Attn: V era Johnson Community Stabilization Project Ptanning & Economic Development- Attn: Steve Rice Fire Prevention Program • prt 12/03 AA-ADA-EEO Employer STAMP - Activity Detail Page 1 of 2 ♦: � � � New Search STAMP - Acti�ity Detai! Help using tfiis report 180 George St W Click here to vfew all adivity for this property IS Helo Ctick here to access other applications using this address - GISmo, MapIT, and Ramsey County Info • . Run Date: 11(Z8J07 05:39 PM Folder ID#: 04 026777 In Date: Ol/15(04 Status: History Type: RR - Rental Registration - DupleX Reference#:6619 Description: 03/03(2007: RR-CO Conver5ion: Folder status changed to History. Issued Date: Closed: 03/03/07 Comment: 12(31(2002 : 2002 Notices. Initial print 01/02(2002, Certificate Printed Ol(09(2002 Fee paid amount $50 Paid date 01/09/2002 02/OS/2003 : 03 Renewal Notice Printed 02/OS/2003 01/15/2004 : 04 Renewal Notice Printed Ol/14/2004. Sent to Patrick Tilton 389 Warwick St 02J13J2004 : One year waive set on 02j13{2004 12:02:56 02/02/Z005 : OS Renewal Notice Printed 02/OS/2005. Sent to Patrick Tilton 389 Wanvick St 04/08/2005 : One year waive set on 04/08/2005 10:04:51 11/18/2005 : 06 Renewal Notice Printed 12/O1/2005. Sent to Patrick Tilton 180 George St W 01/27/2006 : 06 Final Notice Printed O1/27/Z006. Sen[ to Patrick Tilton 180 George St W 02/07/2006 : 06 Certificate Printed 02/07/2006. Sent [o Patrick Tilton 1256 Hartford Ave Peop}e: Owner: Patrick M Tilton 180 George St W St Paul MN 55107-2758 Homesteader: Patrick M TiltonJMartha A Trlton 180 George St W St Paul MN 55107-2758 RR Stated Owner (Status: History}: Patrick Tilton 1256 HartFord Ave St Paul MN 55116-1662 651-330-7997 Property: 180 GEORGE ST W, PIN: 07Z822130050 Infp Value: One Year W aiver: No Permanent Waived: No' Notice Print: Print as Normal RR Access Unit Number: 2 Possible Student Housing?: No Fee; RR Renewal Fee Year 2004: $40 - Paid in Ful�: Cancef RR Renewal Fee Year 2005: $40 - Paid in FuII: Cancel RR Renewal Fee Year 2006: $40 - Paid in Full: 02/06/2006 i .t-+...ii,...w .....:.........t........,.ie�rnr.,ron_�,,......m_,.:�,..v:,....�_nn.ia,...DrrT—n�innno_ria,.-T---_—n ��i�ninn�-, STAMP - Activiry Detail Rental Registration Assigned To: Vinge, Maynard Closed: 03J03/07 Page 2 of 2 ` J �� • httn-//cnnPtr� ctnanl mn �rc/CTAMPPrnnPrfv/PrniertViPwer�fniderRRN=921040RrfnldPrTcme=R 11/?R/�(ln7 STAMP - Activity Detail Page 1 of 2 D8- �a6 u New Search STAMP - Activity Detaii Help using this report is Hel❑ 180 George St W Ciick here to view all activity for this property Click here to access other applications using this address - GISmo, MapIT, and Ramsey County Info • • Run Date: 11/28/07 05:35 PM Folder ID#: 07 038616 In Date: 03/03/07 Issued Date: S#atus: In ProCess Closed: Type: CO - Certificate of Occupanty - Residential Reference#:108354 Document: C of O with Deficiencies -Le tter 3- Genereted: 08/07/2007 - Sent: 08/07/2007 Appointment Letter - Generated: 09/20/2007 - Sent: 09/20/2007 C of O Re-Insoectlon - Letter 4- Generated: 10j24{2007 - Sent: 1Oj24{2007 * Note: Clicking on above document links may not reflect the exact formatting of the original document. People: owner: William C Edrington 180 George St W St Paul MN 55107-2758 Responsible Party: Chris Edrington 649 Grend Ave. St Paul MN 55105 651-248-1996 Previous Owner: Patrick Tlton 1256 Hartford Ave St Paul MN 55116-1662 651-330-7997 Previous Owner: Patri[k M Tilton 1256 Hartford Ave 5t Paul MN 55116-1662 ProperYy: 180 GEORGE ST W, PIN: 072822130050 Info Va(ue: Renewal Due Date: Mar 5, 2007 Inspection Date: Nov 26, 2007 Is this a City Owned Building?: No Contact: Chris 651-248-1996 Commercial Square Feet: 0 Total Residential Units: 2 Num Res Units Used In Grading: 2 Class: C Score: 62 Number of Stories: 3 Number of Basement Leve{s: 1 Primary Occupancy Type Name: Dwelling Units STAMP - Activity Detail Primary Occupancy Group: R-3 Primary Occupancy # of Units: 2 Last Inspection Date: Od 24, 2007 Freworks Permit?: No Fee: Certificate of Occupancy Initial Fee: $128 Pre-Insnedion Assigned To: Neis, Adrian Ciosed: os/o1/o7 Result: 08/O1/2007: Done C of O Inspedion Comment: 8/i/07 Building has been fully renovated, has proper egress for use as a triplex. Owner currently living in upper unit. Allowed 30days since there are no life safety violations found. ajn Result: 08/07/2007: Correction Orders Page Z of 2 • C of O Re-Inspedion Comment: SO/24/07 Email from Patricia, zoning application received, and needs additional 2 to 4 . weeks for decision. ajn 9/14/07 Requested additional 30 days to await zoning approval. ajn Closed: 10/24/07 � Result: SO/24/2007: Correction Orders � Deficiencv: ALL UNIT DOORS: SPLC 34.09 (3) i- Provide and maintain an approved one-inch throw single cylinder deadbolt lock. First Noted on: 08J01/2007, Notice#: 2, Severity: 5, Status: Abated EXTERIOR : REAR STAIRCASE. SPLC 34.09 (2) 34.32 (2) - Provide an approved handrail. The top of the handrail must be between 34 and 38 inches above the treads and run the entire length of the stair. First Noted on: 08/Ol/2Q07, Notice#: 2, Severity: 5, Status: Abated MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent wiring. First Noted on: 08/01/2007, Notice#: 2, Severity: 2, SWtus: Abated SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and return it to this office. First Noted on: 08/01/2007, Notice#: 2, Severity: 9, Status: Abated - Provide the inspecto� with a compfeted and signed Residential Occupancy Affidavit. First Noted on: 08/OS/200T, Notice#: 2, Severity: 9, Status: Abated Next Schedule: 11/26/07 • � STAMP - Activity Detail • STAMP - Activity Detaii 180 George St W Click � to view all activity for this property Page 1 of 1 oe-aa.o Click h re to access other applications using this addsess - GISmo, MapLC, and Ramsey County Info In Date: 03/22/07 EXQiry Date: 03/09/08 Issued Date; 03/09/07 Closed: Run Date: 1�(24(07 �9:54 AM Folder 07 049363 ID#: Status: Completed in - iiuui ti� amc ui • • Condition: 178-180 George W Peop{e: Owner: Patrick M Tilton 1256 Hartford Ave St Paul MN 55116-1662 Evaluator: Alan J. Copia Cornerstone InspedionsInc 4830 Grand Ave S Minneapolis MN 55409-2432 612-824-2000 acopia@mn.rr.com Property: 180 GEORGE ST W, PIN: 072822130050 Info Value; � Smoke Detector Present: Y SD Properly Located: Y SD Hard-Wire: Y TISH Report Date: Mar 9, 2007 �� TISH Report Received Date: Mar 9, 2007 HPC Restriction: No I Amanda Registered VB?: No Evaivator Registered VB?: No Amanda open permits?: No Evaluator open permits?: No Existing Primary Use: R-DUpiex Legality of Existing Use: Legal Duplex Legal: yes !Fee: I TISH Inspection Fee: $25 - Paid in Fufl: 03J22j2007 T.ISH Inspection Report Assigned To: Wiley, Debbie Neut Schedule: 03/09/OS Result: 03/22/2007: Completed 1+tt..Jl�....er..: �t..onl ..... nc/CTdAilPPrnnPrk�/Prninrt�7io�var9fnlAarRCT�L—ldl1�G�(1R,f�1.]o+T.,„A= iN��t7�nl1'7 DEPARTMENTSAFETY ANDINSPECTIONS Robert Kessler, Director � p 3�D O CTTY OF SAIN"I' PAUL Chns[opher 8. Coleman, Mayor October 24, 2007 8 E. Fourth Sbeet, Suife 200 Zelephone: 651-266-9090 Saint Paul, MN 55107 Chris Edrington 649 GRAND AVE. ST PAUL MN 55105 RE: RE-INSPECTION FIRE CERTIFICATE OF OCCUPANCY WITH DEFTCIENCIES 180 GEORGE ST W Ref. # 108354 Dear Property Representative: Your building was re-inspected for the Fire Certificate of Occupancy on October 24, 2007. Approval for occupancy will be granted upon compliance with the following deficiency list. The items on the list must be corrected immediately. A reinspection will be made on or after November 26, 2007. Failure to comply may result in a criminal citation or the revocation of the Fire Certificate of Occupancy. The mt Paul Legisiative Code requires that no building be occupied without a Fire Certificate of Occupancy. The ode also provides for the assessment of additional reinspection fees. DEFICIENCY LIST 1. IF APPROVED AS A TRIPLEX - ALL INTERIOR DOORS LEADING TO COMMON AREAS - MSFC 703 - Provide, repair or replace the fire rated door and assembly. The minimum rating must be: 20 minutes -These doors must self close and latch. IF APPROVED AS A TRIPLEX - MSFC 506.1 - Install a keybox per attached K-1 handout. 3. IF APPROVED AS A TRIPLEX - MSFC 9073 - Provide an approved fire alann system. This work may a require a permit(s); call DSI at (651) 266-9090. 4. SPLC 34.1 I(6), 3434 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Mazshal's Existing Fuel Burning Equipment Safery Test Report to this office. 5. SPLC 62.101 - Use of this property does not conform to zoning ordinance. Discontinue unapproved use or call DSI Zoning at (651) 266-9090 to convert to legal use. Tf you have any questions, call me at 651-228-6248 between 730 am. - 9:00 a.m. Please help to make Saint �ul a safer place in which to live and work. Sincerely, A.J. Neis Fire Inspector 08%�a0 �'' � IRIS Picture Printout "' -� Location: MN — Ramsey County, Minnesota �_' � Description: 01/01/1996 - STREET VIEW — REMAP �� - Add�ess: 180 GEORGE ST W ST PAUL C� �j��U�-�. � ':_ • �i i' �,(' � �� p � � �j� � ��'t - . — % — '^F `� '�' S.-�� — — _% � �� '�.4 � �� r �Q,�,.e . �✓ � tx {� ��T�� i � a .. � � � � � � � f� t �c � _ — --_ � � �� -�+! .rNf' . Qe "` ' +� F �c�'°"rm. ' f � `� �� ��` _ � � S'..' � x.2 - �i `' ''= j - - ' - - - _ - ��� . . � � ��� - �'3'�»'�" x -�-�,�. ' :.� -�' �� �. _� s",�.,�..�'a-s �"�«•� � g � -w+- � .^.°° .�_._��� .e.. � _ . . . . � � 'Y• . �� i: �. � ' � ,, ;� ' .£. . ti �, R. . "-, ' R �: _ ��'• G ��� l��.. . -- �'s<. ���§ `�: ° R � : �IN '. :" . :i _ � . � (��; . ��� � � .. Y . .. � _, �� r T'���?��., i ��`( 4 S �" � M ^F' �� .: � � � �� 1 . � ��� ��. �. i .,� �: ,.� _ - - _ _ _ -�-�- ". _- . .-. -�� . _ � � - - -�._____, -�_._-,.; - �.�.s ._._:""'-.'^w. r.�'e��-?�.�°,�-.. .___ � _ .. C� File #: 07 —179179 Folder Name: William Edrinb on �ast on George d8 �3�D rage z � East of site across George ;� �q ���� � [y � : 1 G � a � � '� � , . y . `l. .�_.,.� _: - _, �. � � . ;� si .i '�y; �:i - -�.� a.: �_ > _ L � -�,;� ,. r.- ♦ - *, 'o : '`.'�- . `' , -,`� . .r^ .w . �: j`�;,.. . �' v. .. �..- ..�� � . �,�' ir Y xs ���``` � , � �` � � . . L � u�-+.-� 9� � � r � <. �� �� . :,_; ,� _-� ..��:� .. . :.� i § ' � ; e' c a } `�4� . . .. *���. �.'+�l� � �t`^ _ �� .� �� � �� U����� �: a '"� � !. �Y y ,s �' — j f _ _ � r� ' � � � � � � k � o � � 4 ..r �• • , ' [( �� � - �j' t �- [! ' _ i"w'. � ^ �-�-'� ���., :�+�� ' �:�. : .n,. �� _^ � � _ .. � . .._.ia��:� � File #: 07 =179179 Folder Name: William Edrinb on Garage at rear of site �. �'l�'r. _ . �, i, ;',t ' s,,: -- '`� ` "' _. i_ `- - t' > _ __ __ __-_ ---•E�ka., t a , � Page 5 '�;! i .� >� � ,� - ; . • 68-3yD � WEST SIDE DISTRICT 3 �N „� , � 0 '1.1"� 1 �7q � �Z�NI[�G FILE � i �:: j ,.?�' , �-' �� .�� .'.. AP?LICAP�T �_�� ��"� ��� � t �� — � � 9 PU�°OSE ��`�L �� � PT° Z =1LE t� DATE IO" ��' � / °LtdG. G;ST� � :?—� . _ � - '- '.'i "'.- ' ,_ ' _ i :. LEG�ND � zoning dislricl t�undary Gii'TTT/Tl� suSj_>;.i propa �y n'`' orth '— • � n comm=:�iz' 4 .s,a indusiri.=.! V vzcan: 0 on� Izmity � t�.•;o family �¢Q rnultiplz (amily � D8 -��-D Re. File #07-179-179 November 29,2007 My name is David Morford and I am the owner of 184, 186 George St W, the properry directly to the west of ihe subject properly. I strongly oppose the proposat to convert this properiy to a triplex. The pmperty currently is, and has been for severat years, iitegatty operated as a triplex despite its current zoning as a duplex. As such, it had not been properly inspected and issued a certificate of occupancy by the St Paul Fire Department. This is of particular concern to me as this properly bumed to the ground in 2001 caus3ng in excess of $50,000 i worth of damage to my house. As a result my insurance premiums aze still faz larger thau ! they would othercvise be. I would maintain that if Mr. Edrington wishes to propose any legal changes to the property, he would first comply with the current zoning, rather than �I continue to operate it illegally as a triplex as he has done. L FurThermore, Mr. Edringtons livelihood is derived from the creation and operation of ; group homes, more specificatly sober houses. The lack of oversight of these particular i types of group homes bas caused the city of St Paul to place a moratorium on new homes ! pending further study. Many of the azeas of concem arise from the density of residents G often needed to malce them a profitable venture. This leads to not only life safety issues i for the residents themselves, but also frequently to pazking problems for surrounding 4 residents. The properly in quesfion is currently overbuilt with regazd to the size of the lot ; allowing for otily minimal off streel parkivg. i �, When I was originaIIy approached by Mr. Edrington regazding lus intenrions to attempt to ; rezone, I expressed my concerns that he would cottvert the property to a sober house. He { assured me that was not tus current intent. In light of the moratorium I can now see why. ; After some thought on the subject, I��ed ta sign a petition supporting the possible i conversion to a triplex, if Mr. Edrington would stipulate that he would at no time during ! his ownership of this properry convert it into a sober house. He declined. I would wonder r if my neighbors were made awaze of the possible further conversion of this properry to a ; sober house befare they signed the petition I would argue that the current zoning of the property as a duplex would assist in limiting ' the density of residents if at some time in the future Mr. Edrington chooses ta> �perate a s sober house at this residence. I also believe that by eontinuing io operate the pmgerty ' illegally as a triplex, Mr. Ed.rington is eachibiting an unwillingness to work within i pazameters of the zoning law as it now e�sts. It would seem unreasonable to extend x further considerations under these cucumstances. E Sincexel , - ! , � !� tJ' �. David MorFordGi~_-_-�� a�-3�o Re. k'zle #0�-179-2'79 November 29,2007 Niy name is David MorFoz'd and I azn the owner o£ 184, 186 George St. W, the property directly to the west of the subject properiy. I strongly oppose the proposal to convert this property to a hiplex. The property currently is, and has been for several years, illegally operated as a triplex despite its current zoning as a duplex. As such, it had not been properly inspected and issued a certificate of occupancy by the St. Paui Fire Department. T'ius is of particular concetn to me as this properiy bumed to the ground in 2001 causimg in excess of $50,000 worth ofdamage ro my house. As a result my inswance premiums are srill far lazger ttaan they would othenvise be. I would maintain that if Mr. Edrington wishes to pzopose any legal claat2ges to the property, he would first corzzply with the current zoning, rather than continue to operate it ilfegally as a triplex as he has done. Fwtkzerwoze, Mr. Edringtons livelihood is derived £rom the creation and operation o£ group homes, more speci�eally sober houses. The lack of oversight of these �articular types of gzoup homes has caused the city of St Paul to place a moratorium on new k�omes pending furthez study. �vTan,y of the azeas of concern arzse &ozn the density of residents often needed to make them a profitable venture. '�'k�is leads to not only life safety issues £or the iesidents themselves, but also frequently to �arking problems for susrouztding residents. The properry in quesrion is currendy overbuilt wzth zegard to the size of the lot allowing fOT only tninimal off street parking. When I was originally app�oached by Mr. Edrington regardzz�g his intentions to attempt to rezo�ae, Z aacpressed my concerxRS cbat he would convert the propezty to a sober house. He assured me that was not his current inten� In Izgbt of the moratorium i cazx now see why. A$er some thought on the subject, I agreed to sign a petitzom supporting the possible conversion to a triplex, if Mr. Edzington would stipulate that he wouid at no time durixtg his ownership of this propezty ennvert it into a sober house. kIe daclined. I would wonder if xny neaghbozs were made aware o£ the possible furtl�er coaversion of this property to a sobec house before they sigued the petition I would argue that tbe current zoning of the pzoperty as a duplex would assist in lizzkiting the density of resideuts if at some time in the fucure Mr. Edrington clZOOSes to operate a sober house at this residence. F also believe that by continui�ug to operate the praperty illegatly as a triplex, Mr. Edrington is exhibiting an unwiliingness to woz'k within parameters of the zoning law as it now exists. It would seem unzeasonable to extend further considerations under Yhese oucumstances. , ely, e.�--��_ a e�` � Davzd orford