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10-562Council Fite # 10-562 Green Sheet# 3111516 CITY Presented by ORDINANCE ��T�PAUL, MINNESOTA � � 2 An ordinance amending Chapter 60 of the Saint Paul Legislative Code 3 pertaining to zoning for the City of Saint Paul and the zoning maps 4 thereof: 6 WHEREAS, Pursuant to Minnesota Statutes 462.357 and Section 64.400 of the Legislative 7 Code, duly petitioned to rezone portions of parcels at 260 Clarence and 1365 Burns from 8 R4 One Family Residential to 62 Community Business, being legally described as Kamnetz 9 Add Lots 11 And Lot 12, PIN 342922330034 (260 Clarence St) and legally described as 10 Kamnetz Add Lots 17 And Lot 18, PIN 342922330030 (1365 Burns Ave); the petition having 11 been certified by the Planning Division on March 1, 2010, as having been consented to by 12 at least 67 percent of the owners of the area to be rezoned, and further having been 13 consented to by at least two-thirds of the owners of the property situated within 100 feet of 14 the total contiguous property within one year preceding the date of the petition; and 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 44 WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on April 1, 2010, for the purpose of considering the rezoning petition, and pursuant to Section 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 April 9, 2010, and recommended approval recommended to the City Council; and WHEREAS, notice of public hearing before the City Council on said rezoning petition was duly published in the o�cial newspaper of the City on March 24, 2010, 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 May 5, 2010, at which all interested parties were given an opportunity to be heard, the Council having considered all the facts and recommendations concerning the petition; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the zoning map of the City of Saint Paul, Sheet Number 17 map, as incorporated by reference in Section 60.301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That the portions of the property at 260 Clarence St and 1365 Burns Ave, being more particularly described as: 45 46 47 48 49 50 51 52 Kamnetz Add Lots 11 And Lot 12, and Kamnetz Add Lots 17 And Lot 18 is hereby rezoned from R4 to B2. Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. Adoption Certified by Council Secretary Requested by Department of: Plannin and E no ic Develo ment By: Approved by Financial Services By: Form A proved by Ciiy Attorney B l,.11��— s= n-xm Approve r fo�on t� I By: By: Date: By: Adopted by Council: Date: �/�G/a�� 45 46 47 48 49 50 51 52 Kamnetz Add Lots 11 And Lot 12, and Kamnetz Add Lots 17 And Lot 18 is hereby rezoned from R4 to B2. Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. Requested by Department of: Planninq and Ecbno�iuic Develooment � � � By: � � ^�_ � Approved by Einancial Services � Form A proved by City Attorney By l�/' Y G/c.'+'t^-- �- �7 � Z eD Adoption Certifed by Secretary Bv ,�/iar9�1 /�j r�ydr� Date. � Approve ay r for Sub 'ssion to Council � ^ �; By: Z�-��! � .)�L � `� ��°+ Adopted by Council: Date: �/ ��U/G} 10-562 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmentlOffice/Council: Date Initiated: p � _planning&Economic 14MAY2010 Green Sheet NO; 3111516 Development Contact Person & Phone: Deoartment Senf To Person InHial/Date LuIS Pefelr3 D ]annin &EcanomicAevelo me � _- � _ 6-6591 1 lannin & Economic Develo m Donua Dmmmond 17 �/p Assign Z Ia ' & Economic Develo m De arhment DireMOr Must Be on Council qgenda by (Date): Number ; � Attorne Peter Warner �'' �* For Routing 4 or's OfBce Ma orlelssistant Doe. Type: �RDINANCE Order 5 ouucil 0 6 ' Clerk Ci Clerk E-DOCUment Required: Y DoCUment Contact: � Contact Ahone: ToWI # of Signature Pages �_ (Clip NI Locations for Signature) Action Requested: Adopt ordinance memorializing City Council action approving the rezoning of portions of pazcels at 260 Clarence and 1365 Bums from R4 One Family Residenrial to B2 Community Business, NE Comer at Clarence (ZF# 10-121-03 S). Public heanng held May 5, 2010. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Fallowing Questions: Planning Commission� 1, Has ihis person/firm ever worked under a contract forthis department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/frm possess a skill not normally possessed by any current city employee7 Yes No F�cplain all yes answers on separete sheet and attach to green sheet. Initiating Probiem, Issues, Opporiunity (Who, What, When, Wherc, Why): The City Council approved the rezoning on May 5, 2010, after a public heazing. The portions of 260 Clazence Ave and 1365 Bums Ave proposed fox rezoning from R4 to B2 Community Business witl be combined via a lot split with properiy a[ 1347 Bums (akeady wned B2, a restautant) to accommodate a poriion of restaucanYs e�sting pazking azea (portidn of 260 Clazence Ave) as we(! as a proposed building expansion (portion of 1365 Bums .Sve). _ Advantages lf Approved; Rezoning ordinance will be adopted per City Council intent Disadvantages If Approved: � None Oisadvantages If Not Approved: City Councd acfion will not be completed. - 7ota1 Amount of � Transadion: CosURevenue 8udgeted: N Funding Source: Activity Number. F !�/ Financial Ir�formaUon: �� ` S �� (E�cplain) �, y ��TYATTOFiN�I' May 14, 2010 11:13 AM Page 1 DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Cecile Bedor, Director CITY OF'SAIlVT PAUL Chrrstopher B. Co[errsan, Mayor April 15, 2010 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paui, Minnesota 55102 Dear Ms. Erickson: 25 WestFourth Street SaintPaul, MN55702 � Te[ephone: 651-266-6700 Facs:mile: 65I -228-3220 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, May 5, 2010, for the following zoning case. Zoning File Number: 10-121-038 File Name: Jim and Michael Johnsen Address: 260 Clarence St, 1347 Burns, NE Corner at Clarence Purpose: Rezoning portions of parcels at 260 Clarence and 1365 Burns from R4 One Family Residential to B2 Community Business Previous Action: Zoning Committee Recommendation: Approval, 6— 0, April 1, 2010 Planning Commission Recommendation: Unanimous approval, April 9, 2010 I have confirmed this day with Councilmember Lantry's office. My understanding is that this public hearing request will appear on the Council agenda on or before the April 28, 2010, City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 651-266-6591 if you have any questions. Sincerely, � � �� '�-----�-� NOTICE OF POBLIC HEARING Luis Pereira City Planner cc: File #: 10-121-038 Appiicant : Jim Johnsen, Michael Johnsen Paul Dubruiel Wendy Lane Samantha Langer AI{an Torstenson 11te Saint Paul City CouncIl will con- duct apu bllc headng on Wednesday, May 5, 2010 in the CYty Covncll Chambers, Tl�ird F1oor. (.1ty Hall-Court Aouse, 15 West Kellogg Boulevard; to consider the application of Jim and Michael Johnsen to resone portions of parcels at 260 Clarence Street and 1365 Bums Avenue from R4 One Fam�tq Residentlal to B2 Community Business. IZF 10.121-938] Dated: April 15, 2010 MARY ERICEfSON . Assistant City Coundt Secretazy 44Pn"l 191 ST. PADL LEGAL'-�-°••••°n 22239262 AN AFFIIiMATIVE ACTION EQUAL OPPORTUNITY EMPLOYER DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENC CecileBedor, Directar � � s'r ,VU1. � AAAA CITY OF SAIN'I' PAUL Chr:stopher B. Caleman, Mayor April 29, 2010 Ms. Mary Erickson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 25 West Fourth Sbeet SaintPaul, MN55102 Q Telephone: 65/-266-6700 Facsimrle: 657-228-3220 Re: Zoning File #: 10-121-038 File Name: Jim and Michael Johnsen Address: 260 Clarence St, 1347 Burns, NE Corner at Clarence Purpose: Rezoning portions of parcels at 260 Clarence and 1365 Burns from R4 One Family Residential to B2 Community Business Citv Council Hearinq: Mav 5 2010 5:30 p.m. Citv Council Chambers Staff Recommendation: • District Councif: , Zoning Committee Recommendation: Support: Opposition: Ptanning Commission Recommendation: Staff Assigned: • Approval District 4 recommended approval Approval, vote: 6 - 0 0 people spoke, 1 letters were received 0 peopie spoke, 0 letters were received Approval recommended, vote: unanimous Luis Pereira, 651-266-6591 Attachments: Planning Commission resolution: Planning Commission minutes, April 9, 2010 Zoning Committee minutes, April 1, 2010 Deadline forAction Extension Letter Staff Report packet (Correspondence received) cc. Zoning File #: 10-121-038 Applicant: Jim Johnsen City Council Members District Council: 4 Donna Drummond Wendy Lane Allan Torstenson Peter Wamer AIV AFFII2MATIVE ACTION EQUAL OPPORTUNITY EMPLOYER city of saint paul � planning commission resolution file number 10-33 date April9 2010 WHEREAS, Jim and Michael Johnsen, File # 10-121-038, have applied for a rezoning portions of parcels at 260 Clarence and 1365 Bums from R4 One Family Residential to B2 Community Business under the provisions of §61.801(b) of the Saint Paul Legislative Code, on property located at Parcel identification Number (P1N) 34292233D034, legally described as Kamnetz Add Lots 11 And Lot 12 (260 Clarence Ave); and a portion of Parcel Identification Number (PIN) 342922330030, Iegally described as Kamnetz Add Lots 17 And Lot 18 (1365 Burns Ave); WHEREAS, the Zoning Committee of the Planning Commission, on April 1, 2010, 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 Paui Legisiative Code; and WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the pubiic hearing as substantially refifected in the minutes, made the following findings of fact: 1. The applicants, Jim Johnsen (and son Michael Johnsen) seek to rezone portions of fheir residential properties at 1365 Burns and 260 Clarence (respectively) from R4 to B2, after these portions of their residential lots are combined with the property at 1347 Burns Ave via a pending lot split. � 2. A proposed building expansion at 1347 Burns Avenue will include additional kitchen area, cooler-freezer space, as we{I as additional dry storage area, and wilf be approximately 681 square feet in size, according to a site concept plan dated February 23, 2010. As the seating capacity of the restaurant will not change with the proposed building expansion, the applicant requests a variance (Z.F. #10-121-081) along with this rezoning application to not provide any of the required additional 20 off-street parking spaces associated with the expansion. 3. The proposed zoning is consistent with the way this area has developed. The property has long been used for commercial purposes, and has unde�gone several buiiding improvements and minor expansions over time. The proposed B2 zoning allows for the continued use of the property as a bar/restaurant amidst an established low density residential area, consistent with the way the area has developed. 4. The proposed zoning is consistent with the Comprehensive Plan. The District 4 Dayton's Bluff Area Plan. Summary, approved in December 2009, promotes the reuse, instead of demolition, of existing commercial buildings, and opposes expansion of existing surface parking lots. While the existing bar/restaurant building will continue to be used, the small expansion proposed at the rear of the property (east side) will be visually inconspicuous. Consistent with the District 4 Plan, the existing surface }ot will not be expanded (no new spaces added) beyond the re-construction of fhe driveway. The Land Use Chapter of the Comprehensive Pian, adopted in 2010, designates the properties at 260 Clarence and 1365 m�ved by Kramer seconded by • in favor u�a��moUs against Planning Commission Resolution ZoningFile#10-121-038 _ Page 2 " Bums Avenue as "Established Neighborhood," a future land use category described as _ consisfing of mainly of one and two-family residential uses, but also including scattered neighborhood-serving commercial, service and insfitutionat uses at the juncture of arterial and collector streets.° The small additions to the Obb's Bar property (a neighborhood- serving commercial use) fix a historical property.line discrepancy on the north side of the property, and atlow for the kitchen/storage area building addition on the east side of the property. 5. The proposed B2 zoning is compatible with the existing B2 zoning at both1347 Bums Avenue (Obb's Bar) and 243 Point Douglas Road t�! (property located across the street). 6. Court rulings have determined that "spot zoning° is illegal in Minnesota: Minnesota courts have stated that this term °appfies to zoning changes, fypically limited to small plots of land, which establish a use classification inconsisfent with the surrounding uses and creates an island of nonconforming use within a largerzoned districf, and which drarnatically reduce fhe value for uses spec�ed in the zoning ordinance of either the rezoned plot or abutfing � properfy.° The proposed rezoning to 62 of two small areas adjacent to the existing Obb's Bar propefij does not establish a use class�cation any different from uses permitted by the existing of the B2-zoned Obb's Bar property. The two small a�eas will be combined with the property at 1347 Burns via a pending lot spiit. 6. The petition for rezoning was found to be suffcient on March 1, 2010 (1365 Bums) and . March 15, 2010 (260 Clarence): 19 parcels eligible; 13 parcels required; 14 parcels signed (for 1365 Bums); 13 parcels signed (for 260 Clarence). NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Pianning Commission, recommends fo City Council, that the application of a rezonirtg of portions of parcels at 260 Clarence and 1365 Bums from R4 One Family Residential to BZ Community Business. for properry at 260 Clarence St be approved. � • • ' • ��T i Saint Paut Planning Commission City Hall Conference Center Room 40 15 Kellogg Boulevard West Action Minutes April 9, 2010 8:30 - 11:00 a.m. I. Approval of minutes of March 26, 2010. MOTION: CommissionerAllon moved ¢ppravaL of the minutes of March 26, 20I0. Commissioner Gelgelu seconded the molion. The motion carried unanimously on a voice vote. II. Chairs Announcements III. Planning Directors Announcements IV. Zoning Committee SITE PLAN REVI�W — Current list of applications. (Tom Beach, 651/266-9086) • Four items will come before the staff Site Plan Review Committee on April 13, 201Q. They aze: Pazks and Recreation - Pazldng lot reconsuvction at 1100 Haznline Avenue North, Ordway Center Loading Dock — Truck dock renovation at 345 Washington Street, St. Thomas — Anderson Athletic Facility Veranda new concrete veranda'at 2115 Summit Avenue, Walgreens — two new commercial buildings and pazldng lot at 2101 Ford Parkway. OLD BUSINESS #10-115-751 Ted and L�n LLC — Rezoning from RM2 Medium-Density Multiple-Family , Residentiai to TN2 Traditional Neighborhood. 1389-1405 Hawley Street between Cottage and Arlina on. (Patricia James, 651l266-6639) MOTION: Commissioner Kramer moved the Zaning Committee's recommendation to approve the rezoning. The motion carried unanimausly on a voice vote. #10-106-605 Hammemick Hill — Variances of TTI design standazds: bailding size of 10,000 sq. ft. permitted, 20,782 sq. ft. proposed; floor area rauo of 0.5 required, 0.286 proposed; and window/door openings 30%o of front elevation required, 25.8% proposed. 1396 Rice Street, NE comer at Cottage. (Patricia James, 651/26b-6639) M01'ION: Commissioner Kramer mnved the Zoning Committee's recommendation to approve the variances subject to an additional condition. The motian carried unanimously on a vaice vate. • � NEW BUSINESS #10-121-038 7im and Michael7ohnsen — Rezoning portions of pazcels at 260 Clazence and 1365 Bums from R4 One Family Residenfial to B2 Community Business. 1347 Bums, NE comer at Clazence. (Luis Pereirq 65I/266-659I) MOTION: Cammissioner Kramer moved the Zoning Cammi#ee's recommendation to approve the rezoning. The motian carried unanimnusly on a voice vote. � 10-121-081 Obbs Baz — Vatiance for number of off-street pazldng spaces and driveway setl�ack from residenlial property. 1347 Burns Avenue, NE comer at Clazence. (Luis Pereira, 65I/266-6591) MOTION: Commissioner7{rmner moved the Zoning Ctimmittee's recommendafion to appzove the variances suSject to addi[ional cnnditions. The mofron carried unanimously on a voice vate. 10-ll 4-666 MCD Aeencv LLC — Rezoning from 1N2 traditional Neighborhood to B2 Community Business. 670 Juno Avenue, SE comer at Osceola. (Luis Pereira, 65I/266-6591) MOTION: Commissinner Ifrmner mnved the Znnang Commi#ee's recommend¢iion to approve the rezoning. The motion carried unanimously on a voice vote. 10-121-250 Shamrock's — Variances for new parldng lot: 1) 300 feet maximum from building served permitted, 450 feet proposed; and 2) s0tback from Osceola right-of-way (7ft. required, 4 ft. proposed). 670 Juno Avenue, SE comer at Juno and Osceola. (Luis Pereira, 65l/266-6591) Commusioner Krmner reported that the Zoning Committee lard this case over to the April I5, 2010 meeting. 10-1 T4-639 CIeaz Wire (Groveland Rec Center) — Conditional Use Permit for a wireless comtnunicarions antenna on a 100 ft monopole. 1961 St. Clair Avenue, between Prior and Kenneth. (Sarah Zorn, 651l266-6570) The case has been withdrawn. 10-116�25 Clear Wireless LLC (Eastview Plav¢roundl— Conditional Use Pernut for a wireless communications antenna on a 100 fr monopole. 1675 5�' Street East, azea bounded by Kennud, 5`�, Flaundrau, Mazgazet Street alley. (Sarah Zorn, 65I/166-6570) Cnmmissioner Xramer reported that the Zoning Cnmmittee laid this case over to the April Z5, 20I0 meeting. #1a123-489 Universitv of St. Thomas — Modification of condirional use permit requirement that off-street pazking spaces for college athletic facilities be within 600 feet of the building to be served. 2115 Summit Avenue Bldg Ust, area bounded by Selby, Cleveland, Cnand, Cretin, Mississippi River Blvd., Goodrich, and Summit. (Josh Willicmzr, 65I266-6659) • • iVIiNUTES OF THE ZOiViNG COMMITTEE Thursday, Aprii 1, 2010 - 3:30 p.m. • Cifyy Councii Chambers, 3rd Floor . Ci4y Hall and Court House 15 VVest Pfellogg Boulevard PRESENT: Alton, Commers, Donnelly-Cahen, Goodiovv, Kramer, and Wencl EXCUSED: Margulies, Nelson STAFF: Luis Pereira, Samantha Langer, and Patricia James � The meeting was chaired by Commissioner Kramer. " J@¢v� and [l�lichae4 Johrisen - 10-121-038 - Rezora(sag p�s�tons o# parceis at 2fi0 C4arence and 93c"s5 Burns froen R4 On� Family Residential to B2 Corn�raar€'sty Business, 9347 Burns, NE Corner a4 Clarence Luis Pereira presented the staff report with a recommendation of approval for the rezoning. Luis Pereira also stated District 4 recommended approval, and there was 1 Iefter in support, and 0 leiters in apposifion. At Yhe inquiry of the Commissioners, Mr. Pereira explained that the shed iocated at 1347 Clarence Avenue, would need to be moved north to comply wifh the sefbacks. Chair Kramer suggested that the condition be rephrased stating that the shed would need to be removed from • 1347 Ciarence Avenue. Jim Johnsen, the applicant explained his business has grown and he would fi�e to expand th� kifchen space including the refrigeration/freezer space. He also explained the proposed driveway expansion.- Mr. Johnsen stated he will demolish the shed if he is not able to comply with the setbac�s. Upon inquiry from the Commissioners, Mr. Johnsen expiained he owns and rents the property at 1365 Burns Avenue; his son lives at 260 Ciarence Avenue. He also explained that he is only looking to expand the kitchen space to accommodate fhe staff, and the parking lot will remain fhe same with nine parking spaces. No one spoke in support or opposition. The pubiic hearing was closed. Commissioner Kafh+ Donnelly-Cohen moved approval of fhe rezaning. Commissianer Erik Goodlow seconded fhe motion. The motion passed by a vote of 6-0-0. Adopted Yeas - 6 Nays - 0 Abstained - 0 Drared by: Submiited by: � Approved by: • L ��l✓�'w""' �v� �V V`-�- ��``�` / i�'iL�ri!' (/� '� Samaniha Langer � Luis Pereira F�ichard Kramer � Recording Secretary Zoning Section Chair DEPARTNiENT OF PLANNING & _ � ECONOMIC DEVELOPMII�T Cecile Bedor Director ••• CTTY OF SAIN'C PAUL Christopher B, Coleman, Mayor April 14, 2010 Jim Johnsen 1347 Burns Ave St Paul, MN 55106-6572 25WestFourthStreet Telephone:651-2b6-6700 SarntPauZ,MN55102 FacsimiZe:651-228-3220' RE: Zoning File # 10-121-038, Jim and Michael Johnsen Dear Jim Johnsen: On March 1, 2010, you applied to rezone property at 260 Clarence St. After a public hearing by the Saint Paul Planning Commission's Zoning Committee on April 1, 2010, the Commission voted to recommend approval of your request on April 9, 2010. The Pfanning Commission's recommer�dation is being forvvarded 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 allows the City to extend this period for an additional 60 days (total of 120 days). In order to accommodate the City Councif public hearing on your rezoning, which is also required by state law, the City of Saint Paul is hereby extending the deadline fbr action from April 30, 2010, (original 60 day deadline) to June 29, 2010. The City Council public hearing on this rezoning has been scheduled for May 5, 2010. Please contact me at 651-266-6591 or luis.pereira@ci.stpaul.mn.us if you have questions. Sincerely, ^ ;�-- 0 � � — Luis Pereira City Planner cc: File # 10-121-038 Zoning Administrator License Inspector District 4 Qayton's Bluff Community Council • AN AFFIItMATIVE ACTTOA' EQUAL OPPORTUI�IITY E1�fPIAYER ZONING COMMITTEE STAFF REPORT • • • 1. FILE NAME: Jim and Michael Johnsen 2. APPLICANT: Jim Johnsen FILE #: 10-121-038 HEARING DATE: April 1, 2010 3. TYPE OF APPLICATION: Rezoning — City Council 4. LOCATIONS: 260 Clarence St, 1347 Burns, NE Corner at Clarence PINS & LEGAL DESCRIPTIONS: a portion of 342922330034, Kamnetz Add Lots 11 And Lot 1 Z(260 Clarence Ave); and a portion of 342922330030, Kamnetz Add Lots 17 And Lot 18 (1365 Burns Ave) 6. PLANNING DISTRICT: 4 7. ZONING CODE REFERENCE: §61.801(b) 8. STAFF REPORT DATE: March 19, 2010 9. DATE RECEIVED: March 1, 2010 EXISTING ZONING: R4 BY: Luis Pereira 60-DAY DEADLINE FOR ACTION: April 30, 2010 A. PURPOSE: Rezoning portions of parcels at 260 Clarence and 1365 Burns from R4 One Family Residential to B2 Community Business. B. PARCEL SIZES: 260 Clarence: approximately 1,717.8 square feet (0.039 acres); 1365 Burns: 1,575.6 square feet (0.036 acres). C. EXISTING LAND USES: Side yards to single family detached homes (R4) D. SURROUNDING LAND USES: North: Single family detached house (R4) South: Obb's Bar/restaurant (B2) / Mounds Park (R4) East: Single family detached house (R4) West: Obb's Bar/restaurant (B2) / parkway (Point Douglas Road) E. ZONING CODE CITATION: §61.801(b) provides for changes to the zoning of property initiated by the property owner. F. HISTORY/DISCUSSION: While no zoning history was found for this property, the applicant and owner of the Obb's Bar and Grill business at 1347 Burns Avenue — Jim Johnsen - provided a history of uses at this commercial property (with which the pieces of residential properties now proposed for rezoning will be combined via a pending lot split). Prior to 1933, the property at 1347 Burns was used a grocery store and owned by the applicant's family. After the Prohibition era ended (1933), the property was used for "on sale liquor." tn the late 1940s, the applicanYs family added a small kitchen, bathroom, and dining room, and expanded it again to include a bar in the 1950s. The applicanYs family used the property as a bar and grill until 1982, when they sold it; the property continued to operate as a bar and grill after this time under different ownership. Mr. Johnsen purchased the property back in 2001, and has made interior/exterior renovations to it since then, adding an outdoor patio in 2004. The proposed the lot split and this rezoning are driven by Mr. Johnsen's plans for a buiiding expansion to the rear of the bar/restaurant building, on its eastem side. The applicant also seeks variances (Z.F. #10-121-081) from §63.310(c) which requires entrances and exits to and from parking facilities located in districts other RL-RT2 residential districts to be 25 feet from any adjoining property in RL-RT2 districts, and from providing new off-street parking. G. DISTRICT COUNCIL RECOMMENDATION: The Dayton's Bluff District 4 Community Councii has provided a written recommendation of support of this application. H. FINDINGS: 1. The applicants, Jim Johnsen (and son Michael Johnsen) seek to rezone portions of their residential properties at 1365 Burns and 260 Clarence (respectively) from R4 to Zoning File #10-121-038 Zoning Committee Staff Report Page 2 B2, after these portions of their residential lots are combined with the property at 1347 . Bums Ave via a pending lot split. . 2. The building expansion will include additional kitchen area, cooler-freezer space, as well as additibnal dry storage area, and will be approximateiy 681 square feet in size, according to a site concept pian dated February 23, 2010. As the seating capacity of the restaurant will not change with the proposed building expansion, the applicant requests a variance (Z.F. #10-121-081) along with this rezoning application to not provide any of the required additional 20 off-street parking spaces associated with the expansion. 3. The proposed zoning is consistent with the way this area has developed. The property has long been used for commercial purposes, and has undergone several building improvements and minor expansions over time. Tf�e proposed B2 zo�ing allows for the continued use of the property as a badrestaurant amidst an established low density residential area, consistent with the way the area has devetoped. 4. The proposed zoning is consistent with the Comprehensive Plan. The District 4 Dayton's Bluff Area Plan Summary, approved in December 2009, promotes the reuse, instead of demolition, of existing commercial buildings, and opposes expansion of existing surface parking lots. While the existing bar/resfaurant buiiding will continue to be used, the small expansion proposed at the rear of the property (east side) will be visually inconspicuous. Consistent with the District 4 Pian, the existing surface lot will not be expanded (no new spaces added) beyond the re-consfruction of the driveway. The Land Use Chapter of the Comprehensive Plan, adopted in 2010, designates the prope�ties at 260 Clarence and 1365 Bums Avenue as "Established Neighborhood,° a . future land use category described as consisting of mainly of one and two-family residentiai uses, but also including scattered neighborhood-serving commercial, service and institutional uses at the juncture of arterial and collector streets. The small additions to the Obb's Bar property (a neighborhood-serving commercial use) fix a historical property Iine discrepancy on the north side of the property, and allow for the kitchen/storage area building addition on the east side of the property. 5. The proposed B2 zoning is compatible with the existing B2 zoning at both1347 8ums Avenue (Obb's Bar) and 243 Point Douglas Road N(property located across the street). 6. Court rutings have determined that "spot zoning" is illegat in Minnesota. Minnesota courts have stated that this term °applies to zoning changes, typically limited to small plots of land, which establish a use class�cation inconsistent with the surrounding uses and creates an island of nonconforming use within a larger zoned district, and which dramatically reduce the value for uses specified in the zoning ordinance of either the rezoned plot or abulting property." The proposed rezoning to B2 of two small areas adjacent to the existing Obb's Bar property does nof establish a use classification any difFerent from uses permitted by the existing of the 62-zoned Obb's Bar property. The two small areas will be combined with the property at 1347 Burns via a pending lot spiit. 6. The petition for rezoning was found to be sufficient on March 1(1365 Bums) and March 15 (260 Clarence): 19 parcels eligible; 13 parcels required; 14 parcels signed (for 1365 8ums); 13 parcels signed (for 26Q Clarence). STAFF RECOMMENDATION: Based on the above findings, staff recommendsapproval ofi • the rezoning of portio�s of parcels at 260 Clarence and 1365 Burns from R4 One Family Residential to B2 Community Business. - .,.,� _��a -- � -�_QK;�_ "`u� P�7LTit3T8 TO AMEND THE ZON[NG CODE � DepartmeritofPlannirzgandEcanomicDeveiapment 7_orcing Secrion Z400 Ciry HaliAnnex 25 West Four6h Street � � ' SaintPaul MNSSIO2-1634 (65I)266-6589 _ ProperfyOsvner_ 1?rm� k� �=ht�si� � Addtess -�- �(?r � f�j 6 s �� Y ,.i 5� v = APPLICANT �� L� �,� � l�x St Zi -.� 5 �fUZ Da YN nr. p ytimePhone 6�1'7>(> 7 l�Ip '\ ContactPerson(ifdifferent) ---- Phone� 65-7--77j�57z-� J AddresslLocation � � `{'7 �J u r� - S�i • � � 7�V1 i-t- � PROPERTY LOCATION ��Description Cnrreut Zoning �l l- '1 ' (attaeh additional sheet if necessary) � � TO T� HONORABLE MAYOR AND CITY COUNCIL: pn,�,ant to Sectron 61.800 of fhe Saint Paul Zoning Ordinance and to Sectioa 462357(�7 of Minnesota Statues, � -� iu � l� S I�K sr N owner of land proposed for rezoni�o, hereby petitions you to �r �-. tezone the above described property from a �� zoning district to a�.� zoning district, for the purpose �of: ��e � 'i� r �ve �,aY J��rv�s�-� �-N.� ��it ��h�� c K I 33�10 (atEach additional sheets if necessary) Attachments as reqnired: ❑ Site Plan O Consent Fetition 0 Affidavit Snbscribed and swom to before me this . , �� da 1 � • of � ?� ��4 c�i?.t�. . 20 � � . C� /` /�� v.+wc�ac�e�weams�aoea�eee�m ,�/,(�/t�C�tJ� �� DENISE R KROIS Notary Pablic �`° °< �S Notary Public-Minnesota � '� �� rny Gomm. Expires Jan. 31, 2013 ' � �aa�oomeos•+��n�auaaaome 4 J t3�1(� �� 3-(- I� �: , � sv� ' �,:�`�\\�— Fee Owner�of Prope �` Title: C� W'`��`� �� Page 10�_ �� PETITION TO AMEND THE 20NING CODE Department ofPlanning and Economic Deveiopmeat Zoning Section I400 City Ha[I Annex ZS West Fourth Street Saint PauS MN SSIO2-I634 (65]) 266-6589 Property Owner \\�� J D'�.wc�� Address Z�� G�4v.�a„c.�� .� ` e l� APPLICANT \ City _� pa.W� St�Zip $ S\ OV Daytime Phone � S_') "�f a� 3 Contact Person (if different) ��-_. Phone �—�`�- PROPERTY LOCATION Address ! Location Legal (attach additionai sheet if necessary) Zoning � �1.s�.�a��-.v_ TO THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant to Sectio �61.800 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, ��E Jxshhex°` , owner of land proposed for rezoning, hereby petitions you to rezone the above described property from a zoning district to a_ �� zoning district, for the purpose of: ` i K �� \`�� :�� hGv`��V 1 \ 0�� s:� �� P��..� �� y �.� �.�� , � ��.:� �.�� \\�� .��.�� .� ��.�.� � (attach additional sheets if necessary) Attachments as required: ❑ Site Flan Subscribed and sworn to before me this ��`�^ day af �c3Kt'�1 ,,20 (� . LAUPoEA TOFfE Notary Putr11c-Mlnneso0a _ � � � MYCOtnm.F,�iresJan.37.� �� v viamR � Consent Pefition �Affidavit By �� /'�% Fee Ow� Property rr • Page 1 of _ �-�- Z '� o: v ' � � /3 ti - 'P � �- — ` 9 -�_,A P [ Y I��-�- � eJ n ��7 ,� n� ��' y p c C1 � � e � � e �„� a`c� � _� � �'o / �'�< � /`� � _ _ . � ![ , �-�,��' -r-�-� ��—�'�J - A � � �t .� .�.� - � GQ ' - y - .i ��. � � � � � a From: 260 Clazence Street conveying To: Obb's Sports Baz & Grill, 1347 Bums Avenue Legal Descziption: That part of Lot 12, KAMNETZ ADD3TION, according to the record plat thereof, Ramsey County, Minnesota lying southerIy and easterly of a line described as follows: Commencing at the southwest comer of said Lot 12; thance northerly along the west line of said Lot 12, a distance of 10.00 feet to the point of beginning of the line to be described; thence easterly, parallel with the south line of said Lot 12, a distance of 95.00 feet; thence northerly, pazallel with t1�e west line of said Lot 12, a distance of 10.00 feet; thence easterly, pazallel with said south line of Lot 12, a distance of 3839 feet more or less to the intersection with the east line of said Lot 12, and said line there terminating. From: 1365 Bums Avenue canveying To: Obb's Sports Baz & Grill, 1347 Burns Avenue Legal Description: T'hat part of Lot 17, KAMNETZ ADDITION, according to the record plat thereof, Ramsey County, Minnesota lyiag southerly and westerly of a line described as follows: Commencing at the southwest corner of said Lot 17; thence easterly along the south line of said Lot 17, a distance of 17.00 feet to the point of beginning of the line to be described; thence northerly, pazallel with the west Tine of said Lot 17, a distance of 92.68 feet; thence westerly, parallel with said south line of Lot 17, a distance of 17.00 feet more or less to the intersection with the west line of said Lot 17, and said line there ternunating. • • • �'�� D ayton' s B luff �� .� _ Distrlct 4 Community Councll / � 79S E. 7th Street, Saint Paul, MN 55106 - Phone 651-772-2075 - Fax 651-774-3510 / .� � Visit our web site at www.daytonsblufforg ■� March 24, 2010 Luis Pereira City of Saint Paul PED 25 West 4�` Street Saint Paul MN 55102 Deaz Luis Pereira Jaznes Johnson owner of Obb's Baz and Restaurant 1347 Burns came to our boazd of duectors meeting on March 8, 2010 requesting support for their plan to split one of his lots to build an addition on the building and change the driveway at the east end of the building. • Our boazd passed a resolution in support of lot spilt and 'unprovements at his business to Obb's Bar and Restaurant. If you need more information please call me at 651-772-2075. Thank you. Sincerely Knrin DuPau! 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