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94-1583 Council File # q'-1"'� � O � I � I �� Green Sheet � 80 39 RESOLUTION CITY OF S INT PAUL, MINNESOTA '� . � Presented By Referred To Committee: Date 1 2 Whereas, United Stores, 178 Montana Avenue, Saint Paul, Minnesota 55119, 3 made application to the Board of Z ning Appeals for a variance from the strict 4 application of the provisions of the aint Paul Zoning Code for property located at 1784 5 Montana, legally described as Lot 3, Block 2, Hayden Heights Addition to the City of 6 Saint Paul, Ramsey County, Minnes ta; and 7 8 Whereas, The purpose of the application was to vary the standaxds of the Zoning 9 Code so as to permit building an ad ition and converting existing outdoor retail space 10 into indoor retail space; and 11 12 Whereas, The Board of Zoni g Appeals conducted public hearings on July 18, 13 1994 and August 22, 1994, after ha g provided notice to affected property owners, and 14 the Board, by its Resolution 94-139, ecided to grant the variance to a11ow 0 parking 15 spaces based on the following findin s and conclusions: 16 17 1. The option to provide ff-street parking on the applicant's property 18 is not feasible since th proposed addition will consume all of the 19 applicant's land. The ption of leasing or sharing parking in 20 Hafner's Center locate across Montana Avenue is not feasible 21 because the owners of afner's Center are not willing to either 22 lease or share off-stre parking with United Stores. The property 23 cannot be put to a rea onable use under the strict provisions of the 24 Zoning Code. 25 26 2. The plight of the land wner is due to circumstances unique to the 27 property and are not c eated by the land owner. 28 29 3. The proposed addition will provide the applicants with 1,120 square feet of 30 additional enclosed ret il space, will help to minimize the theft of products 31 from their store and 1 enable them to sue the building yeaz-round. The 32 applicant stated that t y have continued to rely on on-street parking for 33 their customers for ma y years and expect to continue to do so into the 34 future. The requested ariance is in keeping with the spirit and intent of 35 the Zoning Code. 36 37 4. The proposed variance will not impair an adequate supply of light and air 38 to adjacent property n r alter the essential character of the surrounding 39 area or unreasonably minish establi.shed property values within the 40 surrounding area. 41 42 5. A building addition on the front of a commercial building is perrnitted in 43 the B-2 zoning district 'th appropriate off-street parking. The requested � � . , .., � r" r � . .. . . . i : � � ,_ J . ' q�. �16$3 1 variance will not alter r change the zoning district classification of the 2 property. 3 4 6. The request for varian e is not based primarily on a desire to increase the 5 value or income poten 'al of the parcel of land. 6 7 Whereas, Pursuant to the pro 'sions of Section 64.205, Lowell F. Sorenson, 1524 8 White Bear Avenue, Saint Paul, Mi esota 55106, duly �iled with the City Clerk an 9 appeal from the determination mad by the Board of Zoning Appeals, requesting that a 10 hearing be held before the City Cou cil for the purpose of considering the actions taken 11 by the said Board; and 12 13 Whereas, Acting pursuant to ections 64.205 through 64.208, and upon notice to 14 affected parties a public hearing was duly conducted by the City Council on October 12, 15 1994, where a11 interested parties we e given an opportunity to be heard; and 16 17 Whereas, The Council, havin heard the statements made, and having considered 18 the variance application, the report f staff, the record, minutes and resolution of the 19 Board of Zoning Appeals, does here y 20 21 Resolve, That the Council of he City of Saint Paul does hereby affirm the 22 decision of the Board of Zoning Ap eals in this matter based on the findings of the 23 Council that the Board of Zoning A peals did not commit any enor, and be it, 24 25 Further Resolved, That the a peal of Lowell F. Sorenson be and is hereby 26 denied; and, be it 27 28 Finally Resolved, That the Ci Clerk shall mail a copy of this resolution to 29 United Stores, Lowell F. Sorenson, t e Zoning Administrator, Planning Commission and 30 Board of Zoning Appeals. a s Aba t Requested by Department of: a ev �r ' i ue zn e s e m By: ;� Form App ved by City Attorney Adopted by Council : Date J �,t �`� `1 Adoption Certified by Council Secretar By: By: �� .__ � ��Y�z��' . Approv ( by Mayor for Submisaion to Approved by y r. Date � t Council By: BY' � ��, "t C�� ,.�. { D PARTMENT/�F IL pATE I ITIATED N� � v O�� Cit C�uncil. Research 1.0 4.94 �R�E� SHE '` � ncr a �e n�mnuoare iNmnuw►�� ❑ DEPARTMENf DIRE Cf�OFi � cm couwci� Nancy Anderson � � cm��r � cmrc�RK MU BE ON IL AtiENDA 8Y (DATE) MU FOR a BUDOET DIREC7D � FiN. 6 MOT. SERYICES DIA. � � MA1�OR (OR A8$18TA1� a TOTAL # OF 8KiNATURE PA�iES (CLIP L LO�ATlON8 FOFt SKiNNII►TUR� ACTION REQUESTED: ; Affirming the decision of the Board o Zoning Appesls to grant a parking variance to � United Stores, 1784 Montana Avenue, a d co�tfirming the decis,ion of the City Gouncil to � den the a eal af Lowell F. Sorenson RECOMMENDATIONB: ADD►ow (�1 or RNsct tR) PE ONAL $ERYICE CON'tRACi'S MU8T A[�BWER THE FOL4aVY1M0 WIESTIOli=: J _ PLANNN�c� COMMISSION _ CIV1L SERViCE QOMIA1881oN 1. ea this ps►6oNlirm wK worked wtder � caMract for this dsp�rtmsnt? � _ C�Q C�AM�TEE _ YES NO 2. as thia peroonJCerm ever bsen a dty empbyee? i _ STAFF - YES 1� � _ ��srnicr couar _ s. s mis personn�rm posssss e NcNI not normaNY a� br em �u►rem c�y en�poyss� � SuPPORTS wH�Yi c�uuNCk. Oe,lECl1vE4 YES NO � E: n al1 yw answ�rs on � N�t anci �ttaah to �raM �hwt � { iNmnr�nua rnoe�M, �ssue. oPPOnruNm (wno. wna. wn.�. wn.re. vw+r�. � _ I I I ; � � ADVANTAOES IF APPROVED: � DISADVANTACiE3 IF APPROVED: � � . � ��t'C�i � , �� I � OCT 19 1994 � i f � DISADVANTIKiE8 IF N07 APPROVEO: � � � ! � ! � � I � TOTAL AMOUMT OF TRAN8ACTION • C08T/REVENUE dUDOETCsA (CIRCLE ONE) YES NO i t � � FUNDING SOURCE ACtIVIT1l NUMdBR FINANCUL INFORMATION: (EXPLAIN) � � � • � � � ; � ; NOTE: COMPLETE DIRECTIt�IS ARE INCLUDED IN THE (3FiE�N 3HEET INSTRUCTIONAL MANUAL AVMLABLE IN THE PIJiiCHJ�SIN(3 OFFICE (PHONE NO. 299-4225). '. ROUTING ORDER: - J Below �xe Cofroct routltqa for the Nvs m�t trec�uent types o( documents: ;� CONTRACTS (assurt�es authaized budget exists) CAUNCIL RESOLUT�ON (Amsnd Budp�WAccept. �renb) '� i. Outsids Agency t. Depertrnent Direc6ur ` 2. Dspartnbnt Dkector 2. Budpet Directa ' � 3. CHy Atbrney 3. Ciry Atlonwy 4. Mayor (tor oontracts ovsr itS.000) 4. Mayor/Asakfent t : 5. Human Righta (tor Contracts over i50.000) 5. Ciry Ca�nci - 8. Finance and Memagsnant Servbes Director 6. Chief Aoo�t, Flnanoe�and Manapement Servioes 7. Finance AcCOUnW�g. . . ,. • ADMINISTRATIVE ORDERS (Budpet Reviaion) COUNCIL RE80L,UTIOM (W otlara. and Ordinenws) � 1. Activiry Marteger 1: DepaRment 0irecloK ,{ 2. Depertment AcCOUntant 2. City Attomey 3. Department Director 3. Mayor Aasistant � 4. Budget Director 4. Gty Council i 5. City Cle�k 6. Chiet Accountant, Finance and QAanagemsnt Servkes ; ADMINIS7'HA71VE ORDERS (atl others) � 1. Department Director � � � 2. City Attorney � 3. Finance and Ma�agement Sarvices Director 4. City Cierk � 'fOTAL NUMBER OF SIdNATURE PAGES E Indicate the #of peges on which signatu�ea am required and papsrcflp or flag f each ot tMse pap�*. � � ACTION REQt1E3TED � Describe what the projscUrequest aseka to eccomplish in efthe� chronologl- '� � cal order or order of impo►tanae, which6vx is most approp�Iate tor the � issue. Do �ot write complete sentences. Begin each item in your list with i � a verb. RECOMMENDATIONS k Complete N the issue in questioo has besn presented beiore any baJy, pubik � or prhrate. '� : i SUPPORTS WHIGH COUNCII OBJECTNE? � Indicete which Councit objectWe(s) you+'-prajecthequest supporis by Usting : the key word(s) (HOUSIN(3, AECREATION, NEIGHBOHHOODS, ECANOMIC OEVELOPMENT, { BUDGET, SEWER SEPARATION). (SEE CdMPIETE LIST IN INSTRUCTIONAL MANUAL.) ' PERSONAL SERVICE CONTRACTS: Thia iniormation will bs used to determine ths dty's IiabNiry tor workers compensatio� claims, texes and propsr civil ssrvlae hki� ►uba. � INITIATIN(3 PROBLEM, ISSUE. OPPORTUNITY x Explain the aitu�tion or conditfons that croated e need tor your project ' or request. F � i ADVANTAC�ES IF APPROVED Indicate whether thia ia simpy an annual budget procedure required by law/ charier or whether there are spedlic ways in which the City of Saint Paul and its citizens will beneRt from this p►ojec!/aclion. DISAOVANTAGES IF APPROVED � What negative effects or major chenqes to axisting o� past proceases might � this pro�ect/request produce if it is passed (e.g., VatNc delays, noise, � tax increases or assessmenta)? To Wtwt�t? Wt1en? For how bng? � t DISADVANTAGES IF NOT APPROVED � What will be the negative consequences it the promised action is not `4 approved7 Inability to deNver service4 Continued high t�aflic, noise, j acxident rate? Loss o( revenue7 � FINANCIAL IMPACT ? Although you must tailo� the infomiatFOn you provide here to the issue you � are addressing, in general you must a�mwer two questions: How much is it � going to cosi? Who is going ta psy? � . i t ' � Y .� �'1 �� Interdepartmental Me orandum CITY OF SAINT PA L OFFICE OF CITY ATT RNEY Suite 400 City Hal Saint Paul, Minnes ta 55102 Phone: (612)-266-8 10 FAX: (612)-298-5 19 DATE: October 17, 1994 TO: Nancy Anderson � Secretary to the City Council 310 City Hall FROM: Jerome J. Segal � Assistant City A to '�, SUBJECT: Appeal of Lowell Sorens n from decision of the BZA Council Hearing eld October 12, 1994 -------------------------- --------------------------------- Nancy: Attached please find raft resolution affirming the decision of the Board of Zoning App als granting a parking variance to the United Stores located at 1 84 Montana Avenue. ��":�:;> ,� �, ��,�"�' » �� -� � 1994 DEPARTMENT OF PIANMNG q y- "' ��.70�� 8c ECONOMIC DEVELOPMENT CITY OF SAINT PALJL Division of Ptanning Norm Coleman, Mayor 25 West Fourth Sueet Telephone: 612-266-6565 Saint Pau� MN 55102 Facsimile: 612-228-.3314 W� � 11��t1 �! � September 7, 1994 SEP 8 1994 Ms. Nancy Anderson City Council Research Office Room 310, City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: I I would like to confirm that a public h aring before the City Hall is scheduled for Wednesday, Septetr�He�-� 1994 for the following oning case: o�y , �a Applicant: Lowell F. Soren on File Number: 94-214 Purpose: Appeal the deci ion of the Board of Zoning Appeals granting a 5 space parking varianc to allow a building addition converting existing outdoor retail space into ndoor retail space. Location: 1784 Montana enue E. My understanding is that this public h aring request will appear on the agenda for the September 14, 1994 City Council mee ing and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6583 if ou hav I an uestions. Y Yq Sincerely, � � ��'� Michael J. Kraemer Zoning Section c: File # 94-214 qy. --IS�'s3 Ms. Nancy Anderson Page 2 I Sincerely, Kenneth Ford I Planning Administrator j KF:mb Attachments CC: Mayor Coleman File #94-214 Q�- -i� NOTIC OF PUBLIC HEARING The Saint Paul City Council will c duct a public hearing on Wednesday, September 28, 1994, at 3:30 p.m. in the City Cou il Chambers, Third Floor, City Hall, to consider the appeal of Lowell F. Sorenson to a d cision of the Board of Zoning Appeals granting a five space parking variance to allow a b lding addition converting existing outdoor retail space into indoor retail space at 1784 Mo tana Avenue East. Dated: September 8, 1994 I Gerry Strathman City Council Secretary I i�e�ncs � �r - . '!'he �elnc lmit Clty �.bm�cf! con�net n petbMe t�enrl�i�g�txr September 28, 1994, at 3:30 p.m. i the City Council Chambers, Third Floor. City Hall, to consider the appeal of Lowel F. Sorenson to a decisfon of the Boarcl of Zonin�q Appeals granting a five space p king variance to allow a building addition converting existing outdoor retail ace into �ndoor retail space at 1784 Montana Avenue East. I�ated: September 8, 1994 GERRY STRATHMAN City Council Secretary (Sept ber 10, 1994) 1�51. til i�l tw�r q�a� DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Larry D. Buegler, Director CITY OF SAINT PAUL Norm Coleman, Mayor 25 West Fourth Street Telephone: 612-266-6700 Saint Paul, MN 55102 Fax: 612-228-3261 September 21, 1994 Ms. Nancy Anderson City Council Research Office Room 310, City Hall Saint Paul, Minnesota, 55102 RE: Zoning File #94-214 - L ell F. Sorenson City Council Hearing: 0 ober 12, 1994 PURPOSE: Appeal the decisio lof the Board of Zoning Appeals granting a five space parking vari ce to allow a building addition converting existing outdoor re ail space into indoor retail space. STAFF RECOMMENDATION: Affirm he BZA decision and grant a five space parking varianc to allow a building addition converting existin outddor retail space into indoor retail space on the ondition that the building addition is constru ted in substantial conformance to the submitt d plans. SUPPORT: None OPPOSITION: Petition with 21 signatures of property owners 14 business t nants of Hafner's Centre District 2 Co unity Council Dear Ms. Anderson: On July 18, 1994 and August 22, 1994 the Board of Zoning Appeals held public hearings on the request of Unit d Stores to obtain a five space parking variance to allow a building ad ition converting outdoor retail space into indoor retail space. The appell t was present at both meetings. At the close of the August 22, 1994 public h ring the Board of Zoning Appeals voted 7 to 0 to grant the requested variance. The appeal is scheduled to be h I rd by the City Council on October 12, 1994. Please notify me by October 10, 994 if any member of the City Council wishes to have slides of the site pres ted at the public hearing. I � DEPARTMENT OF PLANNING a� �I J�� 8i ECONOMIC DEVELOPMENT CITY OF SAINT PAUL Drvrsion of Planning Norm Coleman, Mayor 25 West Fourth Saeer Telephone: 672-266-6565 . Saint Paul, MN 55102 Facsimile: 612-228-3314 - w September 7, 1994 Ms. Nancy Anderson City Council Research Office Room 310, City Hail Saint Paul, Minnesota 55102 Dear Ms. Anderson: I would like to confirm that a public h aring before the City Hall is scheduled for Wednesday, September 28, 1994 for the foliowing oning case: Applicant: Lowell F. Soren on File Number: 94-214 Purpose: Appeal the deci ion of the Board of Zoning Appeals granting a 5 space parking variance to allow a building addition converting existing outdoor retail space into ndoor retail space. Location: 1784 Montana A enue E. My understanding is that this public h aring request will appear on the agenda for the September 14, 1994 City Council mee ing and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6583 if you hav any questions. Sincerely, � � ��.�,r�,�', Michael J. Kraemer _ Zoning Section c: File # 94-214 : ` I . _�SS� q� .. �� WE, THE BELOW LIS PROPERTY OWNERS, OBJECT ' 9 TO THE REQUEST BYITHE UNITED STORES TO �EP o� 1994 INCREASE THE BUIL ING SIZE AT 1784 EAST Z�� MONTANA AVENUE AN TO OBTAIN A 5 CAR PARKING VARIANCE. ' I " NAME I ADDRESS DATE `��C .� v'-�,n�-t- /s � C.l " (�� l' -- 7 �3 -�'� 77G - �sy ; � ; - id �-�� -�3 - y� -�� f� i�� `� � � �- �� g� � ��` ��.� � i� - 9'� 77�.-�� ; �� -- l y� �� _ �->�� .76 g � � � 7 � � G�� d�''— � -�� dj � ��r��_ � 12— j Ll� t�OdcR7- ; ; � �J� � �a, �'-�� - 9' �,. , . . - C �� , '� ' �'/o� � �-. , L�r'.�`-� _ �, `--� �� w 5'�s�' � � � � � � 4 �? 2 u �- �- �� , � ,i,Q...� ' �- �� A c� �C ��_ ,� � � � _ �� , � l �� o � �� . / iS 3� � �,e�. :v� �1�� 8'�� (�>r,� � r> fi�ii�� E r�-��J G� � � , � �' �' Gv �1 r� d � .�,� /�v �. � I"�lr�.,m� A- c� I �^ 2 � .. �`g�" 1 S ��/ ' � �� '�- � �q _ 9 � ��/ ' ; �...,, � _ c��. a-�..�u�,t l S � w� ti, �� 1'�-� �_ �.— z� `�'� � � R> '�,� � G/ti'/T,�,c� STO/<'� �� T/�J�c� ,��E � 9� /3 9 q�'1583 o��! .9,� p � _.SS" �n' i % �G . { � �-�---- /� GC �f a n�� . � l�t 7�l ��/e� � a � � 1�-Q.� k� � 3� y -o�? � ' � � ' ��'7 � 3 Z 7� s- � � � b �b c�� 'i u / - - - � ot� . . . .� qy.-�5'S''.� APPLICATION FOR APPEAL ZONING OFFICE USE ONLY CITY OF SAINT PAUI ' ' File � ��- �� ' Application Fee $ 2'70-°� Tentative Hearing Date � � 2 � �� `� App 1 i cat i on i s hereby made for an Appe I 1 to the C/T� ��1�,�/�- i� �J� ST s�:�Ll C- under the provisions of Chapter 64, Se tion , Paragraph of the Zoning Code to appeal a decision made by the � B ard of Zoning Appeals P anning Commission on _��(��Si .�.�-, 19�� _ Z ning Administrator (date of decision) _ Pllanning Administrator — 0 er - A. APPELLANT Name 7GvCLL- . Sc�E So I �� Daytime phone '776-/s -�i7 Address S , ,� i.` I �: G�� Zip Code ��/p� B. DECISION BEIN6 APPEALED Zoning fi le name `, �' '� � �f E Zoning Fi le � -/3 Property Address/Location f �� ,�- G� _ Legal description 6 � ' .L � C. GROUNOS FOR APPEAL (Use additional s eets if necessary.) (txplain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals r the PTanning Commission.) There is a lot of opposition from numer us ro ert o the five car parking variance. A petit on was presented at the August 22nd Board of Zoning Appeals meeting. The current building nd the proposed addition, if constructed now, would require a 15 car parking area. They cu rently provide no parkiag or provision �or delivery trucks, which block the alle� several t mes a week. If you have any questions, please contac : n Applicant'� signature St. Paul Zoning Office 1100 City Hall Annex I �� M,/� �� 25 West Fourth Street � �1� Saint Paul, Minresota 55102 D te City agent (298-4154� I i 9/82 ,,_. . G�+-� sg3 L.F. SORENSON, D.D.S., P.A. R. C . STODDARD, D.D.S. Family Dentistry j ��`.�� I SEP 0 8 199� �� St. Paul Zoning Offic 1100 City Hall Annex 25 West Fourth St. St. Paul, Mn. 55102 RE: United Stores ��9 I - 139 � Application for ppeal 4�94 - 214 Addendum to the lication � PP ;: i! li September 2, 1994 i ! Dear Sir, � � i I spoke today with Jo e Maddox regarding the August 22nd Board ; of Zoning Appeals Meet'ng, which approved the 5 car parking � variance and allowed t e construction of the United Stores addition. i My concern was that af er I handed the petition of opposed property ' owner to her, it was n t passed around to the other board members, and therefore not cons"dered in the decision to approve the variance. She said that petition are not part of the fact finding process and are not used for the b ard decision, but the petition does become a part of the total re ord and would be used in the appeal process as an indication of th neighborhood sentiment. I feel that the City C uncil should approve the appeal and that the petition should be'la strong influence in the decision to oppose this project and deny onstruction of the addition. Sincerely, .G�L'r.r,��,��rG owell F. Sorenson I LFS/lrk enc: (1) petition (2) map of opposedlproperty owners 1524 White Bear Avenue I• St. Paul, Minnesota 55106 • 776-1597 �� ; �� .;� �Y- �I i i i e i � i w i �� • i c � � ► � - - �� ; i � � O (� ►l � �� 5 �i� �►ol �100� (99) � (9'l� �9G� �9' � � � � N \ �� p G -� � 0 6 I i 1 u ._ °I �j 8 � ; (wjl � (io4) (� 51 (wGl Go�) 'I (jp �� (uo O10 � 59. O�o o� 1.3G o-c. �-- oe G I � � I ( 34 35 36 37 38 �'39 4 41� �' J C� . Q < P � v � (� ; � ( � � � � I � t8� � �` - ` _ 3�a- , . ... 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DIST 2 MAP # tirvo famil ♦�� industrial r- ¢ Y s V vacant SCALE 1" = 400' � ��- (� multiple family .. � q�-l5$'S MINUTES OF THE MEE ING OF THE BOARD OF ZONING APPEALS CITY COUN IL CHAMBERS, 330 CITY HALL ST. PAUL MINNESOTA, JULY 18, 1994 PRESENT: Mmes. Maddox, Bogen d Liston; Messrs. Alton, Davis, Scherman and Tully of the Board o Zoning Appeals; Mr. Segal, Assistant City Attorney; Ms. Lane o I lthe Office of License, Inspection, and Environmental Protec 'on; Mr. Bunnell, and Ms. Synstegaard of the Planning Division Sta f. ABSENT None The meeting was chaired by Joyc Maddox, Chair. UNITED STORES (#94-139): A par ing space variance to allow a building addition converting existing ou door retail space into indoor retail space. Mr. Bunnell showed slides of th site and reviewed the staff report with a recommendation for approval. i The applicant was present. The e was opposition present at the hearing. Benjamin Rischall, 3650 Ximmes � ne N., Plymouth, MN, President of United Stores, stated that they had a eting with the District Council last Wednesday. At that time there s some opposition. He asked to be recalled to speak to the Board after the pposition speaks. Mr. Alton asked Mr. Rischall if e is currently using the space that they intend to enclose as retail spac . Mr. Rischall replied yes. Mr. Alton stated that he noticed there wer tents pitched in the proposed space and asked what else the space is use for. Mr. Rischall replied that essentially they use this space during the s ring and summer months for outside sales. _ They have also used it for stora e to support larger sales. It is a small neighborhood store that has beenithere many years. They have a desire to remodel the building to make it it in with the other neighborhood remodeling that is being done by other merc ants. To make the remodeling feasible for them they decided it would be be t to expand the store at this time. They don't expect to have a huge infl x of additional customers because of the remodeling, but they feel they m y better serve the customers in the area and also increase their dollar sales per customer by being able to display merchandise in a more appealing anner. Mr. Alton stated that the staff eport indicates that there is no shared or leased parking available and tha United Store has already explored these options. Mr. Rischall replied y, he has explored them with the owner of Hafner's. The owner is not will" g to lease any parking to them although there is plenty available in the rea. Mr. Scherman asked Mr. Rischall o they have any parking now. Mr. Rischall replied that they have on-street arking in front of their building and across _ _ - _ qy.--t5$3 - i - the street but no off-street p rking on their land. Mr. Scherman asked if the new addition is constructed, w uld there be any more or less parking than there is now? Mr. Rischall re lied that the parking situation would be the same. Mr. Tully asked if it is becau e the applicant is enclosing the space that they need to provide more park' g. Mr. Bunnell replied yes. Ms. Liston stated that she per nally counted 17 parking spaces available on the street. Mr. Rischall stated United Stor s has been there for a long time and he doesn't expect a huge parking p oblem because of the proposed addition. Mr. Tully stated that he has sh pped there several times and has never had any trouble parking and usually par s right next to the door. Judy Sorenson, 1524 White Bear venue, stated that her husband has the dental office next door to United Stor s and she is the owner of the building. She read a letter from her husband.j They were not notified about this variance request until last Tuesday and he Community Council meeting was held last Wednesday. She read her husban 's letter, "Currently on the east side of White Bear Avenue between Monta a on the north and Nebraska on the south there are the United Store, a house a d three professional buildings. The United Store was constructed during th 50's and the three professional buildings were constructed during the 60' I when parking was still permitted on White Bear Avenue. These professiona � provide some parking at the rear of their buildings with access fro I the alley. Our office building located next to the United Store has four pa ing spaces. The United Store was constructed to the rear lot line with a deli ery door located near the rear of the building facing our parking lot.� The United Store provides zero parking spaces and over the years they h ve used part of our parking area and the alley for delivery trucks. Thislobstructs egress from our parking spaces and through the alley." I Ms. Sorenson ac�ded that the Unit d Store's manager hasn't been cooperative about moving the truck if they h ve to leave their office at noon or during lunch time, particularly when Un ted Store's delivery time is usually scheduled. They also don't like to move the delivery truck from the alley entrance so it is difficult for mergency vehicles to access these properties. Ms. Sorenson continued with the etter, "Our office has six to eight staff people who require parking as we 1 as patient parking needs." She stated they have had great difficulty in ren ing the lower level of their building due to the parking problem. They have ad people express interest in renting their lower level but they didn't have nough parking for them. Ms. Sorenson continued with the tter, "I'm sure our business suffers at times due to the current competi 'on for parking. This is particularly true in mid to late-afternoon when the United Store is the busiest. I have observed that some of our patient even park on Nebraska almost a block away 2 - _ _ i q� --1583 from our offices. If the Unite Store expanded to the front sidewalk, this would also block the view of d ivers at the intersection of a very busy street with fast moving traffic. Thelexpansion of the United Store, and the increased need for parking is lso objectionable on the grounds that the current parking shortage is a erious problem and a detriment to nearby businesses. We also do not ne more traffic congestion for our residential neighbors on Montana. If allo d to expand, as proposed, the United Store will occupy virtually every sq re foot of lot with no attempt to provide extra parking or a delivery tr k access. All of the buildings on the block have an even setback. We would be located in a 35' deep tunnel when approached from the north. The would however, welcome a remodeling of the present structure to current ne ghborhood business standards of appearance. If the owner desires to expand hey should move to a more appropriate location which has more parking to serve their needs." Ms. Sorenson mentioned that she is working on a petition to the Board in opposition. She stated that th re are several neighbors in opposition that were not able to attend today's meeting and last Wednesday's Community Council meeting. Ms. Sorenson stated that her hu band has been at this site for 30 years and has owned the building for 14 y ars. The first time they ever saw the owners of the United Store building wa I only recently when dealing with this proposal. They have had many c plaints over the years with their building. One is with the delivery trucks nd the other is that they don't shovel the sidewalk in front of the buildi They don't mow the lawn on the boulevard because their son has been doin i that or it wouldn't get done. They have called the City to complain abou the shoveling. She stated that when United Stores put up their plastic flag for their sales they don't take them down after the sale and as a result t blow around the neighborhood and are a real nuisance. At Wednesday's meeting United St representative stated that if they couldn't expand the building the�way they wanted to they wouldn't remodel at all. Ms. Sorenson stated that r modeling your business is �ust part of what you do to be a good businesspers n; you keep up your property. They have �worked hard_to keep up their bui ding and to keep it compatible to the neighborhood. Mr, Bunnell asked Ms. Sorenson i she had seen United Store's evelvation drawings. Ms. Sorenson replied s. She stated that Mr. Rischall mentioned that adding the expansion on the ront would improve vision on White Bear Avenue but they don't see that i would help. There is a chain-link fence there now and if you try to even ake a right-hand turn onto White Bear Avenue, it is very difficult. Mr. Rischall stated.that when the met with the Community Council they encountered a fair amount of oppo ition. Some of it is self-serving. The ad�acent business is not using al of their property now. Part of their proposed expansion will cut into hat the dentist office believes to be their front yard and disturb their vege ation. He added that the dentist's office keeps a beautiful manicured lawn. The dentist stated that he has had no 3 _ - _ - _ q�} -� S83 ; - contact with us and Mr. Rischa admitted he has never met the gentleman. Mr. Rischall stated that he was un ware that they were having problems at the store. Apparently the dentist talked to their previous manager about the problems they were having but he manager never contacted his office. As soon as he became aware of the prob em he rectified the delivery schedule so as not to conflict with the dentist'sllunch hour. Knowing about the neighborhood opposition, he said that he wo ld like to delay consideration of their variance request to allow furt r discussions with the neighborhood council to see if there is a solution to eryone's concerns. Mr. Rischall asked for a layove until August 22nd to allow them to look for a solution. He stated they have fair investment in this proposal, $3,000 invested with the architects, a d$600 invested with the City, and he doesn't just want to throw that money o t the window. If there is a better location, can the dentist help them find ne? Can they help us dispose of the building that they have now? He knows t e dentist office would like to see them move so they could tear the property down and have parking. Is the dentist willing to buy their building so they c n have additional parking for their building? They are open to that possibili y so they could turn around and buy another piece of property with more par ing. These are legitimate requests and they also have legitimate concerns a d rights as a property owner in that area too. He would like to explore all th options. Ms. Maddox asked Mr. Rischall i a one month continuance would be acceptable. Mr. Rischall replied that would e fine. He stated that Karen Swenson stated she had some options for him an he is still trying to contact her. He was unaware that there was oppositi to the building expansion until he was trying to remodel the building. � Ms. Maddox asked Mr. Rischall i I !he has ever been approached about providing handicapped parking spaces. Mr.�Rischall replied no but the new design does allow for a handicapped accessib e entrance. The remodeling would allow them to have more of a handicapped ac essible facility with wider aisles and handicapped accessible dressing ooms, etc. . Mr. Bunnell pointed out that thi coming Wednesday there is a meeting with the Site Plan Review Committee to di cuss the United Store site plan for the proposed expansion. This is a m eting where individuals from the community could present their concerns if hey so desire. Mr. Rischall replied that he was informed just today of that eeting and plans to attend it. Mr. Bunnell stated that staff people from di ferent departments will be there asking technical questions of the appli ant. Mr. Rischall stated that as far s turning onto White Bear Avenue, he has done that many times. With or withou I a fence or building there, turning onto White Bear Avenue is not an easy aneuver. He personally drives around the block and goes to the stop light ecause White Bear Avenue is too busy. . 4 . _ q�-1583 Based on the request of the ap licant, Mr. Alton moved to continue the public hearing until August 22. Mr. avis seconded the motion, which passed on a unanimous voice vote. Submitted by: �� Approved by: '� -�� y�;�.�-'� i� ,,�`�` - f Marv Bunnell I I Joyce Maddox, Chair _ . . . . 5 - - - � q�� sB3 MINUTES OF THE ME TING OF THE BOARD OF ZONING APPEALS CITY COUN IL CHAMBERS, 330 CITY HALL ST. PAUL,IMINNESOTA, AUGUST 22, 1994 PRESENT: Mmes. Maddox, Bogen nd Liston; Messrs. Alton, Davis, Scherman and Tully of the Board o Zoning Appeals; Ms. Lane of the Office of License, Inspection, and Environmental Protection; Mr. Soderholm and Ms. Synstegaard of t e Planning Division Staff. ABSENT None � The meeting was chaired by Joyc Maddox, Chair. UNITED STORES (#94-139): A par ing space variance to allow a building addition converting existing ou door retail space into indoor retail space. Mr. Soderholm reviewed the staf report with a recommendation for approval on the condition that the building� is constructed in substantial conformance to the submitted pl ns. The applicant was present. The was opposition present at the hearing. Mr. Soderholm stated that this I tem was laid over so that the District 2 Community Council could meet wi h the applicant and see if there might be some better alternative sites. He s ated that the only addition to the previous staff report sent to the Board riginally is the first paragraph under Staff Recommendation. Mr. Soderholm stated that to hi �knowled e there haven't been new solutions g presented since the last meetin �. He stated that the building has operated without off-street parking ever ince it was built in 1957. He stated that he is unaware of any major parking roblem there. The space has been used as outdoor retail space in the summ r time. The space doesn't work for off- street parking because it is toolclose to the corner to provide curb-cuts for off-street parking. Staff belie es it would be an improvement to the property by building this addition. Mr. Davis asked if the District ouncil has taken any formal action. Mr. Soderholm replied that he doesn' know anything more than what Mr. Bunnell put in the staff report. Whether th District Council action is formal or informal he is not clear. I Benjamin Rischall, 3650 Ximmes L ne N., Plymouth, hII�1, President of United Stores, stated that initially th visited with the District Council before their application was heard here.l It became obvious to them that there was opposition to their plan. He to the District Council that he would ask for a layover from the BZA.in hopes at they might be able to find some alternatives to their problem of ff-street parking. He has met with the Karen Swerison of the Community Co ncil. At the time they initially met with the District Council Ms. Swenson hought there might be some alternatives for them in a new location. They metland expressed their concerns and left it . q��15$3 File #94-139 � I � Page Two I open for ris. Swenson to come b ck to United Stores with any ideas that she might have. They do need to e pand that store and are open to alternatives. However, nothing has surfaced t this time. They made a good effort to do that. He has had conversation with the owner of the shopping center across the street to procure addition 1 parking from him but the owner has shown no interest in making any parking spaces available to them. United Stores has, in fact, tried to look for oth r alternatives. He hopes the BZA sees fit to grant their variance. Mr. Davis asked Mr. Rischall i he has had any conversations with the dentist next door since the last BZA m ting. Mr. Rischall replied no. He stated that the dentist would like mo parking for himself. In-between the dentist and a doctor sits a vacant hous . If the two could purchase the property they would have all the parking they but they have not been able to purchase it. He doesn't feel it is Unit d Stores' responsibility to worry about providing parking for the docto and the dentist. During the day when he visits the store there is neverla problem parking, even during busier times of the year. The dentist had somelissues with them with regards to when they receive deliveries and how the ruck was parked. Those issues were never formally presented to himself, nd as a result, nothing happened about ic until the dentist raised those ssues with him personally. Since then they have changed their schedule of eliveries. Ms. Maddox asked Mr. Rischall w ere his employees park. Mr. Rischall replied up the block although he hasn't anonitored it. Bill Abel, owner of strip cente I ��on the block to the north of United Stores, spoke against the variance reque t although he would like to see the building improved like he improved the st ip center last year. To build out to the curb will create problems. On c rtain days of the week he leases his parking lot to Hafner's Bowling Alley. he parking lot isn't full every day but he needs that space on certain days There is a problem of accidents that could possibly happen on that corner w th the building built up to the sidewalk. He stated that he is at the site ev ey day. United Stores has a cyclone fence on the corner and you can see throu h that but if they build out to the corner you will have to inch your car o t into the road and that would be asking for problems. . Ms. Bogen stated that as she und rstands it this is a parking space variance so where the building is going t be built there is no variance request from the s_treet. Mr. Soderholm repli d that is correct. He added that in a commercial zoning district therelis no required setback and that it can legally be built out to the side alk. He stated that the Board, however, has the power to add reasonable cond'tions in granting a variance. For example, if the Board found it would be r sonable to cut the corner of the building with a 45 degree angle for the e rance, this could be required as a condition for granting the variance. Ms. B gen asked how far the proposed building would be from the street. Mr. So erholm stated that there is a narrow q�k--lsg3 File #94-139 Page Three � boulevard strip between the si ewalk and the street. He guessed that the sidewalk is between 6' to 8' a d the boulevard strip may be 4' to 5'. He stated that the elevation draw ng appears to show that the corner of the building is cut out so traffic be able to see better. Lowell Sorenson, stated he is I he dentist who owns the property adjacent to United Stores. He submitted a petition to the Board in opposition signed by people in the area. He stated that regarding the vacant house in-between his land and the doctor's office, has been trying to buy that property for 15 years. There are three profess'onal buildings on the block and the old house. Each building, including where nited Stores is now, is set back. He has four parking spaces in the back of h's building and the other three buildings provide two parking spaces. Un ted Stores doesn't provide any parking or access for their deliveries. T eir truck blocks his parking lot where it blocks the alley because their elivery door is at the back corner adjacent to his parking lot. The reason th t United Stores never heard about this delivery truck problem before i because he talked to the manager at the store and it was never communicated t Mr. Rischall. The manager and Mr. Rischall have a communication problem. he residents complain too about the delivery truck blocking the alley and th vehicles parking in front of their homes. United Stores hasn't done theirlbest to provide any access or accommodate any delivery or parking on their o This may be legal but it certainly isn't fair. United Stores hasn't mad any effort to accommodate their business. His business suffers at times b cause he is the second building from the corner on the north. He sees h s patients walk down to Nebraska to park, which is over a block away. Hi�' patients complain particularly in late afternoon about the parking pro ilem. He currently doesn't have a tenant in the lower level of his building.! It is difficult to get someone to rent property when there isn't any p king available. His office has 6 to 8 staff people who require parking. The have 6 to 8 patients coming and going most of the time. Because of this, a�number of parking spaces on the street are - gone. One of the other doctor's!staf#' in the next building received a parking ticket for parking too long on N braska. There are two dental offices on the corner of Nebraska and White Bea and three dental offices in the building in the middle of the block. All of those people need parking. His business suffers because he doesn't have djacent or convenient parking for his patients. He asked the Board to reconsider the variance request on the basis of the parking situation. If Un ted Stores builds out to the sidewalk people won't be able to see his buildin or his sign until they are right in front of the building. Mr. Soderholm asked Mr. Sorenson if he thought the delivery problem would be improved if the delivery doors w re moved. Mr. Sorenson replied that then they would be blocking Montana S reet. Mr. Sorenson stated that three months ago United Stores was parking in is parking lot to deliver to the store. They would arrive during lunch o I when a patient or employee wanted to leave and he would have to ask United tores to move the truck. They would be very reluctant to move the truck. Mr. asked what size truck it is. Mr. Sorenson replied a 28' long strai ht-back truck. "i�`�� File #94-139 Page Four I � Mr. Tully asked Mr. Sorenson w kind of visibility there is now for his property coming from the north with the fence there. Mr. Sorenson replied that the fence is 5' high and is sign is higher than that so he has no complaints although there is a maple tree on the boulevard and a no parking sign. He isn't sure if he can�move his sign far enough south to give him a better angle. He stated that e isn't concerned about his sign for attracting business but for people that a new to the area and are trying to find his office for their first visit. e stated that he believes the sidewalk is 4' and the boulevard is 3'. He d sn't believe United Stores is farther than 7' frorn the street. Tim Dornfeld, 2169 Stillwater A community organizer for District 2 Community Council, stated he wo ld reiterate what the district council voted at its July meeting. The motio they passed stated, "United Stores withdraw its present proposal and look a other options to address retail needs and the area's parking needs. An ad ho group will meet with United Stores to help them explore other possibilitie for expansion in the area." The Planning Council found this a very diffi ult issue to deal with because United Stores has been a long-time business i' the neighborhood, one which is a positive part of their community. It is�a business that generates trips into the area from the outside, which they be�ieve it is a positive influence on their retail district. There are als legitimate concerns about parking expressed by other businesses in the area.' Karen Swenson related to Mr. Rischall what some possibilities might be. T�y intend to proceed further and want to wait to see what the results are of is hearing before they talk anymore about alternative possibilities. The are no funds through the city available presently to convert the vacant ouse into parking to serve the area. Mr. Scherman asked if there is a y indication of why the owner of the vacant house doesn't want to sell. Mr.ISorenson replied that the owner seems to keep it as a memorial to his parents ho died 25 years ago. The lawn is mowed, the sidewalks are shoveled and the h me is taken care of but the house has _ continued to deteriorate for the!last 25 years. No one has lived there during that period of time. i Mr. Davis asked Mr. Dornfeld if e understood correctly that not a lot of work has been done in terms of explor ng alternatives for United Stores in the neighborhood. Mr. Dornfeld repl ed yes, in terms of alternative sites there has just been general discussion.� It was his understanding that Mr. Rischall and Ms. Swenson were going to co tinue with that after today's meeting. There are some properties that might b appropriate sites for United Stores but they didn't contact owners. This may involve a much larger building project for United Stores and would leave the'r current building unoccupied. . Mr. Rischall stated that regardin .the visibility issue, he attended a meeting with the traffic engineer, who fo nd no significant problem with visibility in terms of a safety issue. In fact the City's site plan review team recommended'planting more trees o the boulevard than there are now, which could make it harder for cars to ee. As far as the parking issue is q� -1s�3 File #94-139 Page Five I � concerned, United Stores has 2 3 employees. Their customers come and go in 15 minute increments. The den and the doctor's patients may tend to be there 45 minutes to 1 hour. T eir usage of the facilities in that area actually exceeds United Stores usage during the mid-day. The dentist and doctor's needs are more during business hours as opposed to evenings when most of United Stores customers com . There is a balance of when people use the limited parking available. Atlthe times when he has been at United Stores, he hasn't seen a problem with par ing. There are always spaces across the street and in front of the building. he dentist and doctor's patients may have to walk a block but many of their atients park in front of United Stores all the time. They are affected by the patient load although they haven't complained about it. United Stores should� be made the butt of this problem, this is the whole neighborhood's proble . Their addition won't affect the parking. Ms. Maddox asked Mr. Rischall i he were willing to contribute, if the vacant house were for sale, for some k nd of cooperative effort to purchase the land so everyone could use it. Mr. ischall replied no because the location or the parking wouldn't help United St res. Their customers wouldn't realize that parking 2 or 3 houses down withlalley access would be parking for United Stores. Before he said no he w uld have to look at the situation and the cost. Any parking between the wo doctor's offices benefits the doctors more than it would benefit United St He is interested in obtaining parking spaces from Mr. Abel right acro is the street from their store. That offer is still on the table but Mr. Abel asn't been willing or able to talk to him about it . � Mr. Scherman asked if the delive�y doors could be moved. Mr. Rischall replied that is not something they have ooked into. It might be difficult because the alternative area where you w uld deliver to was predicated as being handicapped accessible area. On reason they are redoing their store is to make it handicapped accessible. ,If they turned the handicapped doors into delivery doors they wouldn't hav handicapped accessibility. Along the alley is where their bathrooms are loc ted, which would mean relocating them and then the alley would still be bl cked. They have improved the deliveries by changing their schedule. � Hearing no further testimony, Ms� Maddox closed the public portion of the meeting. I Ms. Bogen moved to approve the v riance request and resolution based on findings 1 through 6 on the cond' ion that the building addition is constructed in substantial confo ance to the submitted plans. Mr. Tully seconded the motion, which passed on a roll call vote of 7 to 0. Submitted b: A proved b: y p y �.��`�%��x Larry derholm �I Joyce Maddox, Chair i _ q�-15S3 CITY OF SAINT PAUL BOARD OF ZONING APPE LS RESOLUTION ZONING FILE NUMBER: 9a 39 DATE: au�5c 22 1994 � WHEREAS, UMTED STORES has appli d for a variance from the strict application of the provisions of Section 62.103(g) of the Saint Paul Legislat ve Code pertaining to permitting a building addition converting existing outdoor retail space into indoor re ' space in the B-2 zoning district at 1784 MONTANA AVE E; and WHEREAS, the Saint Paul Board of Zo ' Appeals conducted a public hearing on 07/18/94, pursuant to said appeal in accordance with the require ents of Section 64.205 of the Legislative Code; and WHEREAS, the Saint Paul Board of Zoni Appeals based upon evidence presented at the public hearing, as substantially reflected in the minutes, m e the following findings of fact: 1. The property in question cannot be pu to a reasonable use under the strict provisions of the code. The option of providing off-street par g on the applicant's property is not feasible since the proposed addition will consume all of [he applic nt's land. The op[ion of leasing parking or sharing parking in Hafner's Center located across Monta a Avenue is not feasible because the owners of Hafner's Center are not willing to either lease or share ff-street parking spaces with United Stores. The property cannot be put [o a reasonable use und r the strict provisions of [he Zoning Code. 2. The plight of the land owner is due to ircumstances unique to his property, and these circumstances were not created by the land owner. � The loca[ion of the store on the proper existed since United Stores purchased the property and located there in 1957. The United Stor s building has been at this location since before parking standards existed in the Zoning Code. hese circumstances were not created by the land owner. 3. The proposed variance is in keeping wi I the spirit and intent of the code, and is consistent with the health, safety, comfort, morals and welf e of the inhabitants of the City of St. Paul. - The proposed addition will provide the pplicants with 1,120 square feet of additional enclosed retail space, will help to minimize the theft �of roducts from their store and will enable them to use the building year-round. The applicant stat d that they have continued to rely on on-street parking for their customers for many years and expect to ontinue to do so into the future. The requested variance is in . keeping with the spirit and intent of the oning Code. 4. The proposed variance will not unpair a adequate supply of light and air to adjacent property, nor will it alter the essential character of the su ounding area or unreasonably diminish established property values within the sunounding area. The proposed variance will not impair adequate supply of light and air to adjacent property. The applicant does not expect that the propo ed building addition will substantially increase the number of . customers that they have and therefore not anticipate any large increases in customer traffic resulting from the proposed addition. T e applicant intends to install a new exterior surface to the _ .- _ _ _ _ - - _ A � v '`./ W - - File #94-139 Page Two e:cpanded building and will shift the I ilding entrance to White Bear Avenue to increase the �isibility oF the building and "provide a more wel oming atmosphere" for customers. The requested variance will not alter the essen[ial character of th surrounding area nor diminish established property values within the surrounding area. 5. The variance, if granted, would not p mit any use that is not permitted under the provisions of the code for the property in the district w ere the affected land is located, nor would it alter or chanee the zoning distric[ classifica[ion of [he pr erty. A building addi[ion on the front of a mmercial building is permitted in the B-2 zoning district with appropriate off-street parking. The re uested variance would not alter or chanoe the zoning district classification of the property. y 6. The request for variance is not based I rimarily on a desue to increase the vahre income potential of the parcel of land. �� NOW, THEREFORE, BE IT RESOLVED I � by the Saint Paul Board of Zoning Appeals that the provisions of Section 62.103(g) be hereby waived to all w 0 parking spaces to allow a building addition converting existing outdoor retail space into indoor ret ' space on the condition that the building addition is constructed in substantial conformance to the submitted �plans on property located at 1784 I�40NTANA AVE E and legally described as Lot 32, Block 2; Hayde I Heights Addition; in accordance with the application for variance and the site plan on file with the S'nt Paul Planning Division. MOVED BY : Bogen SECONDED BY: Tui�y �i IN FAVOR: � �� AGAINST: o �� . MAILED: August 23, 1994 � . TIME LIMIT: No order of the Boar of Zoning Appeals permitting the erection or alteration of a building or off-street arking facility shall be valid for a period longer than one year, unless a buildi permit for such erection or alteration is obtained within such period and suc erection or alteration is proceeding pursuant to the terms of such permit. The Bo rd of Zoning Appeals or the City Council may grant an extension not to exce one year. In granting such extension, the Board of Zoning Appeals may decide t hold a public hearing. . APPEAL: Decisions of the Boar of Zoning Appeals are final subject to appeal to the City Council within 15 da by anyone affected by the decision. Building permits shall not be issued after anlappeal has been filed. If permits have been issued before an appeal has been tiled, then the permits are suspended and construction shall cease until the City Council Ihas made a final determination of the appeal. _ - - _ - - - q�. -i �3 File #94-139 II ! Page Three � CERTIFICATION I the undersi ned ecretary to tl�e Board of Zoninb Appeals for the City of Saint � � Paul, Nlinnesota, hereby certify that I have compared the foregoing copy with the original record in y oftice; and find the same to be a true and correct copy of said original and of the whole thereof, as based on approved minutes of the Saint Paul Board of Zoning A peals meeting held on July 12, 199�1 and August 22, 1994 and on record in the Saint Paul Planning Division Office, 25 West Fourth Street, Saint Paul, Minnesota. I SAI PAUL BOARD OF ZONING APPEALS Secret I to the Board . - - _ _ _ - q�� s�3 BOARD OF APPEALS STAFF REPORT _— ----- 1. APPLICANT: UNITED STORES FILE # 94-139 2. CLASSIFICATION: Major Va iance DATE OF HEARING: 07/18/94 08/22/94 3. LOCATION: 1784 MONTANA A E. (SE corner White Bear Avenue & E. Montana Avenue) I 4. LEGAL DESCRIPTION: Lot 32, Block 2; Hayden Heights Addition 5. PLANNING DISTRICT: 2 �, 6. PRESENT ZONING: B-2 ZONING CODE REFERENCE: Section 62.103(g) 7. STAFF INVESTIGATION AND RE DATE: 07/12/94 BY: Marv Bunnell � � A. PURPOSE: To allow a build addition converting existing outdoor retail space into indoor retail s ace. B. ACTION REQUESTED: A 5 spa e parking variance; 0 additional parking spaces provided for the bu'� expansion adding more retail space; 5 parking spaces required. i C. SITE AND AREA CONDITIONS: ot area is 5,005 square feet (38.5' x 130'). The property is level and c ntains a concrete-block structure covering the eastern and central por ions of the site. The western portion of the site is fenced and is used or the retail display of outdoor equipment. The site has no off-street arking. The site is located across Montana Avenue from Hafner's Center a small retail center that has a sizable parking lot along White Bea Avenue and another parking lot located directly behind the center.� Surrounding Land Use: I North: Commercial uses in -2 zoning district. East: Single family resid ntial in R-4 zoning district. South: Commercial uses in -2 zoning district. West: Commercial uses in -3 zoning district. D. BACKGROUND: The United Sto s property currently has 3,008 square feet of indoor retail space whic would typically require 13 parking spaces but was grandfathered in wit 0 parking spaces. It intends to add 1,120 square feet of indoor retail space requiring S additional parking spaces. The applicants stated that t ey have experienced many years of vandalism on their property and the th ft of many products from this outdoor space. They wish to enclose this ou door area to use it as indoor retail space and then to improve the exte ior appearance of their building. q�� File #94-139 I Page Two United Stores business ho are 9:00 A.M. to 9:00 P.M. Monday through Friday, 9:00 A.M. to 6:00 P.M. Saturday, and 12:00 noon to 5:00 P.M. on Sunday. Their peak busin ss hours are generally late afternoon/evening Monday through Friday and idday to late afternoon on Saturday and Sunday. I E. FINDINGS: 1. The property in quest n cannot be put to a reasonable use under the strict provisions of e code. The option of providin off-street parking on the applicant's property is not feasib e since the proposed addition will consume all of the applicant's lan . The option of leasing parking or sharing parking in Hafner's Ce ter located across Montana Avenue is not feasible because the o' ers of Hafner's Center are not willing to either lease or share ff-street parking spaces with United Stores. The property cannot beiput to a reasonable use under the strict provisions of the Zoniig Code. 2. The plight of the land is due to circumstances unique to his property, and these ci cumstances were not created by the land owner. • The location of the st e on the property existed since United Stores purchased the property nd located there in 1957. The United Stores building has been at t's location since before parking standards ` existed in the Zoning de. These circumstances were not created by the land owner. 3. The proposed variance i in keeping with the spirit and intent of the code, and is consistent with the health, safety, comfort, morals and welfare of the inhabita ts of the City of St. Paul. The proposed addition w provide the applicants with 1�120 square feet of additional encl sed retail space, will help to minimize the theft of products from heir store and will enable them to use the building year-round, e applicant stated that they have continued to rely on on-street pa king for their customers for many years and expect to continue to d so into the future. The requested variance is in keeping with the pirit and intent of the Zoning Code. 4. The proposed variance w' not impair an adequate supply of light and air to adjacent propert , nor will it alter the essential character of the surrounding area r unreasonably diminish established property values within the surro ding area. , • . _ q��lS$3 File #94-139 I Page Three The proposed variance ill not impair an adequate supply of light and air to adjacent prope ty. The applicant does not expect that the proposed building add' will substantially increase the number of customers that they h e and therefore do not anticipate any large increases in customer raffic resulting from the proposed addition. The applicant intends o install a new exterior surface to the expanded building and ill shift the building entrance to White Bear Avenue to increase the visibility of the building and "provide a more welcoming atmosphere" or customers. The requested variance will not alter the essential ch racter of the surrounding area nor diminish established property v lues within the surrounding area. 5. The variance, if grant d, would not permit any use that is not permitted under the pr visions of the code for the property in the district where the aff cted land is located, nor would it alter or change the zoning dist ict classification of the property. A building addition on front of a commercial building is permitted in the B-2 z ning district with appropriate off-street parking. The requeste variance would not alter or change the zoning district classificatio of the property. 6. The request for varian le is not based primarily on a desire to increase the value or ' come potential of the parcel of land. F. DISTRICT COUNCIL RECO2�II�tENDA ION: On July 20, 1994 the District 2 Community Council ratified he position taken by its Physical and Neighborhood Issues Committ e: "That United Stores withdraw its present proposal and look at other ptions to address retail needs and the area's parking needs; that an ad h c group meet with United Stores to help them explore other possibilities��for expansion in the area." G. STAFF RECO1rIlriENDATION: Si ce the last BZA meeting, Mr. Benjamin Rischall of the United Stor s met with Karen Swenson of the District 2 . Community Council Board to xplore alternate sites in the area. Recently the Community Organizer sta ed that "Even though no viable alternative sites were identified, it b came clear that the District 2 Community Council has a strong desire for this business to remain in this area." Based on findings 1 through 16, staff recommends approval of the requested variance on the c dition that the building addition is constructed in substantial nformance to the submitted plans. � � � I I �� ;�{�,�-�O r� � � ; � i � '� q� ----13 � - - _ � ZONING QOARD I - ---- _ ._.____.___._- --- � I ; APPLICATION FOR ZONING �ORQINANCE VARIANCE � EITYOFSAINTPAUL � I! I. � � ' __ ____ � ��g � ��} � � A VARIANCE OF ZONING COO II CHAPTER �/� , SECTION /� � PARAGRAPH =J,_ `� i IS REQUESTED IN CONFORMI WITH THE POWERS VESTED IN THE BOARD OF ZONNIG AP— 'I_. ___ __ -___ _ _ _ __ --� I PEALS TO PERMIT THE ON PROPERTY i I DESCRIBED BELOW. _ _. --. __. . ----.. A. Applicant; NAME: � e �inn Foerst j ADDRESS 13 0 Gouward St, Sui te 62 i�•1i nneaoo7 i s � _ . I DAYTIME 7EL PHONE NO. 379 ZIP CODE 55�13 I 7. Property interest of appli ant: (owner, contract purchaser, etc.) ; i Arcn%a•teci =, . ; ,� • � - � 2. Name of owner (if differ nt) Uni �ed Stores � _ � B. Property Description: ADOR SS 1734 hiontana Avenue _ _ __ ___! ' t. Paul , ��;! 55 19 ': . 1. Legal description: LOT I 3 � BLOCK � ADDhd�lC}2!1 h21 CJ}1tS i 33.5x130�= 5,000.50 s uare feet � � 2. �ot s�ze: . q I -_ - - ----- I � i 3. Present Use �C �dl �� Present Zoning Dist. B2 � _ � C. Reasons for Request: I ; t. Proposed use Cnang ng Outdoor retai 1 S'�dC° t0 - � indoo retail space �' ( . =, _ _. _-_ � a j 2. What physicai charecteristi I s of the property prevent its being used for any of the permiYted uses '' � in your zone? (topograph , soil conditions, size and shape of lot, etc.) f i `, ' - ------ _ . .. _ .. _ ._ f Lot s � ; � � 3. State the specific variation quested, giving distances where appropriate. t Farki variance - to allow continued � use o i on-s�r�� parki ng �� , � vGfij�j CL c i vc �2f'KJ n j=� � S, i � 4. Explain how your case conf rms to�ach dt the folfov�ing: . ` , _� {_ _ � - � a. That the strict applicatio of the provisions of the Zonjng Ordiance would result in peculiar � or exceptional practical ifficulties, or exceptional undue hardships. � �i Tnere 's no room on site for parking I I I � / � � j CASHIERS USE ONLY J b. That the granting of a I iance wiil ' not be a substantial de iment to - � public good or a substan al impair- �hl�7%4�00�: � _ 9 � ��; :�: �-=;}: 1 1 �o-r �:% . -_r , • � � � ment of the intent and urpose of ;_ -- "�' °='� ' � the Zoning Ordinance. �'-' L�'�' - The arrount of r tai 1 ~° -- � ' - ' - - ; =�+ L ,. � space will not ncreas �+�� y��=�'=�= {�;`��•^�; t � ! and therefore w 11 not ��'��; #;��:•=�= ;� ' increase the e d for ' NOTE: THI WILL NOT E R CESSED WI OUT A COMPLETE SITE PLAN! . � ,�; tion. ; � Signature I I Date Received 10 �� 1' I'I I � A�-15� The R�nyan \'ogel Gr;,��p. [nc. Architects ['lanners 1 i00 Godtivard Street. Juite o200 '�tinneapolis, �Iinnesota S�-I I's THE RUl��'r�'�iIVOGEL GPOUP i Tel: 61Z-379-4100 Fa�: 012-379-�33�17 7une 23, 1994 i ��,�N� � 9Y-�39 Ms. Karen Zacho I �i � � � —.......,� City of St. Paul i Division of Zoning Inspections ! 350 St. Peter Street, Suite 310 St. Paul, Minnesota 55102 �i Re: United Stores - St. Paul 1784 Montana Avenue �, St. Paul, Minnesota 55119 i Project Number 94-34 Dear Ms. Zacho: Enclosed with this letter please I d submittals for a zoning ordinance variance for the United Stores located at the cor er of White Bear and Montana Avenues. Cunently there is an existing United Store at that location. It consists of 3,008 square feet of indoor retail space and 1,120 squ e feet of outdoor retail space. This store has been at this location since 1957 and utili es on-street parking only at this time. The existing retail space extends almost to t property boundaries, leaving no room for on-site parking. The owners of the United Stores an to enclose their outdoor retail space to utilize it as indoor retail space. In the proce s of making this change, they will also be giving a facelift to the existing building, hich will provide a much more pleasing appearance. Because they are not increasing th ir total amount of retail space they request a variance from the current parking ordinan to continue utilizing on-street parking. Submittals for a site plan review have also be made. Please feel free to contact us if you �� need any addidonal information. . Sincerely, � Ann Foerst AF:SD I Enclosure . I - � q�--��s . __ __ ; . _ :_ . �O�Vi G ��LE 9y-� . `=- ` = = :�_ ...�� i a z � ° n n a y -- . �_s � Yo �3' � � n�= ' Fa.o► s • �a� � ��in , !! S j�w� , - � A sm --- , . � x Q u • � • 7.� . .. �� I� . . � __� N �=�n , ' � ,�e►1Ty� ffOP�1'�nL10 . ,-' � � p>+. , , i' ^ �.. ` � • . ._. • �.�:.. _ . . ... � ' '•1 \�.. � � # _� C 1 . - . . 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THE RUNYAN/VOGEL GROUP ARCHITECTS AND PL'ANNERS UNITED STORES, SAINT PAUL, MINNESOTA � , 04 � � � . : ��IING �lLE g.�� ' �a �j :srRirw�wRew� . :-..'.; � •�: ;. ', :•.,• ' .,';•: . .�., , ;';.':•.•• .''.: . •.' • • •�.'''� .• ,.'.' .. ' . .�. � ' � - � MoNTANI. Av6. � � �`� p � � t.0 V ♦ Y _ _ _ — .. — ---_—_—. _ ------ '•. . � I• ' ./. .. �,• • �� ••� • (�M}M(Y �1��N '� �• , �� . � . . : � ;. . .. . 3' �� • �/� � � • 4 tt • 1 ,� � ,• . . 1 . . . . • � ;' . • . . � • iI � • Cr� • . . . .-'. . r . • � ILr . . . ( � � � A��► �' � �.1M ��1t 1Mh �� yr(s 1 g �� . V 4 I .i.nw ! , � .. , 7 4�t ( • ( 1 , • . w (- QrosY e�....t �..w.��w.� � . a � ,•+ • ��D11� t 1'+wa �MM+.a w.�i � � .. ' !� � �l"' R 11� SFPG� � ' U� SiD�CE3S . � �. l�l � � �� Fl�t7� 6W'4. 241.62 {Sl � =; 111 bG 5 70FY, � t�'' W � •.:.: �cw�trcf �lPm:oP�Fns�v � ' � � i t ':: • 'fYP SV �"�Tia� . t ' I'R n t w.�. 3 ' • ' .,,...- - , ..._ �,, �.�� •. M • M � 4�►A ✓ ' , � S' v ;� � _- ` = �_ �� S..wti�..rr��=_4K�� .�__ . .'w � , 1 ~ ' �, Y 1 •, , � � S �L 1♦ � 1r.� -► � • '\ J i �.,.�- - — � � •.. � Fiw��Y ��I� * yq.�t �wnv..w s��r' '. �Mr r �K � ., � . 1 / rv�� M .� r Ma 1 . � � '� �F�/ 1�sn.� �.rx w..o�wy . � �,•!., � l'_l.M�ERGlaL .� . . � i � C Ex � �� , w� . � i .. 1 PROPOSED SITE PLAN SITE LOCATION � Ss�k - t' - 10-0' � V l THE RUNYAN/ VOGEL GROUP ARCHITECTS. AND PLANNERS UNITED STORES, SAINT PAUL, MINNESOTA d� . W � ZONlNG F1LE q`�� ,� �; . ni�ted Stores Ga d s n g Un �ited . Stores --- _-- --- -- . U - --- -- � p �i. �.� Y �� r.�i� . � �+ � �. . . � iai f�� da . G0o f Gei E��,� _ + 'I n . � . ..__�»_ ' . .f}:'..• . � . . , ".L'1.:. r � . . � ' . . ' "� . . - . ' _ . . _. ' ' ' _ . . �. . � . '" ---�_- _�3 �� . �, ^"' =�=5�' , � Schematic Perspective I�r.awing ��cheme � Scale J./8" = 1'-0" � t � W 1 I I��A ZONING FlLE 9 y—i3 � �' � - - - - - - - - - - - - - - - -� '� Il l p - ` � I u I1 I, 1 I 4 ' j ----- - ' t: ; I � .� i � i f� t .. 6 �- I' R I 'f II �? �i � 1 �� N Ii j. E , I � I� , � ��i � !: : . L i 1� . . q F I . � F �� I' 1 i� 1 u x ii i �1 �I , - _ _ � , - S °°"`°` G9 O' United ' Sto�r.es� � ' � �United � Stores °��. �. �.' :� , . , .. . o ..i�. � � . - - �i� � `� ; — • , — -�_ 1'... �' _ -= r;!�r _- � �, = i'�`i'� � _�.{ . . , .. � . c= _ � ' . , . .. . .. � -i . � � . _� . �_ ` � ! � __ _ Y'��Ilt� , �=-'i N.r�•�� i I {��i�l�� 4 - ' =� _�! �ov��« � ; , • __ • . 'i _. Un�ted __- •�. G �..�� — � E..... ��.i __ - S.to es � �'• � - ` ,,,.. �. ___ �—, ❑ _ . _- . U s: � __ �, . .� �-1 f: _ _ _- ' t--1 - .l . -- . . __ . . - ___ .� _� __ __--_�-� _�,_ _ ,. __ ��:-,: . _ _ : ��::�. = ._--_�_ , . ___ � _ ___ - � � � =. � � : :�:=:� . �. -_ -- �. _�� :�__ , , . � � ; , � �� Schematic South Elevation �cheme � .Schematic West Elevation Scheme � . � �� Scale 1/8' ° 1'-0' Scale 1/8' ° 1-0 , - � � t , � , � W ZONING F!L{E �'_y 13 9 , � ___---------- , �s ,, � E � 'i e i � t � � � - . �. . . . �. . .. ; . . . ..� . . .. .. . . . .. . _ . .. . • � � � � . � �� United Stores. '. _ � � .� . : �. � : V� �. � . � � �� - I i = �� ,� � � �. -.. • : .. � � �' .� ' . , •�,�� 3.:,,;.; �� - . . . • _ _ . � i { � —��.�.�,,. s,.,., . , . , � — �,.,�.� — N.,...;. � . . . ' _ • � f—_ ' , . . ' , , . •� . • � • , - I G�� — IEt�liwa�� _ G�i�� . � � . ' . — . . . � . .^_ _ ' • ' . . . . � . � • ♦ . �:_-- _, = . � . • _ • — . ' • F�--�—� __ ' � I . . ` ' __ — __. . . , ` I , I' _ . I � , � • I � . • ' _ . _ ' � • _ . � . . matic North Elevation Scheme 6 iis� = i�-o• - � � .�, . - �. � � W �, �� _�.,-, _� ��,�„ � ,.", ,� __�___ ��.��,...p2 � bJ June 18, 1994 To: Marv �unnell From: Tlm Domfeld, pistrid 2 Re: United Stores This is the resolution passed by the Uistrid 2 Physical and Neighborhovd Is�c� CommittoQ on July 13,1994. It will not be foRnail ratiflred by the full Board until July 20. "That UnKed StoreS withar'8M► tts p I ' nt proposal and Ivok at othcr options to arldress retail needs and the area's parking naed that sn ad hoc group meet with Un�ed Stores to help thern explore other possibilitiess for expan ion in the area " . z�� i�� 9- TOTAL P.01 A�..�� zo�in�� L� ��-,39 WE, THE BELOW LI TED PROPERTY OWNERS, OBJECT TO THE REQUEST B THE UNITED STORES TO INCREASE THE BUI DING SIZE AT 1784 EAST MONTANA AVENUE D TO OBTAIN A 5 CAR PARKING VARIANCE. NAME IADDRESS DATE �G��G .�`��-�'��'L /S � Cl .� �� /3 77�-/�� . �. / � �� ,z 2�e � �7 -�� 3 - q� I . - �l� ��`�`1��' 7 � � 3- �� 774� $�C ' �� '��` �� /� - 9�� 77�-r� �, � � � � � �� 'r=' 7.�6 83� 1� � �� ; � � �7�- � ��e/ '� � 7 � �= G�;r��- � � --`� � �— --- Z `' = ? �' l�l�&�� F� 2 � l T�Odc'R7` I , , 1 �� g � - �, - ;= � C �� ' , �/O � /' G — � �i s � I � � � �l � ( �1 - � � � t? � LI c"�- , u �- /S �7 � � ,c.� � 1 / �- � �, � c �-C��. . ' � �- q � � / � , " I' J �.2. o � �7 o'Z�-�c� �< / 6 � � / � .. 15 3� w � 8,e.�. ;v� ��'ti�� 8'�� - �� G� � (i,�� 7ACNC7> �LEt'i"�!L) �3� tu �� ` � n�,�.� �=►�'�� - ,s ,y � <<� � ,4,�. �- ��- 9 � ��'��I ��L ti� _ �� g-�� is �w � �� .z �� - z�-�� a� �,�3 H I NER CEIVTRE � �fV�l�1V ��L.� 9 �— August 17, 1994 City of St. Paul 190 City Hall 15 W. Kzllo�g Blvd. St. Paul, MN 55102 �� This letter is in r ference to the proposed addition to the United Stores on the�corner of White Bear Avenue and Montana. Any remodellin� would be an improvement over the current building, but it'does create problems for the strip center that I own which s the entire block north of the United Store on the east',side of White Bear Avenue. The two problems are, visibility'�for my strip center and traffic and accident problems. � ��VISIBILITY Currently it is ext�emely hard for traffic going north on White Bear Avenue to ee the strip center. Adding on to the front of the United itore would all but eliminate our visibility by traffic co ing from the south. Al1 of the tennants in Hafner Centr i�are very much against this. Business is tough enough nd this would not help. TRAF IC AND ACCIDENTS - Entering on to White Bear Avenue from east Montana and trying to turn south is e tremely difficult now. I know because I use this route wo to three times a day. Currently, you have to inch out and ook through the chain link fence, which gives you somewhat f a chance. If they are allowed to build out to the street i will make it all but impossible to � turn left on White Bear nless the nose of your vehicle is sticking out on White Bea Ave. In my opinion it is an accident waiting to happe . 1538 White Bear Avenue I �i Suite 206 St Pa�, Minnesota 55106 s�z-n� FAX 612•174�6031 "1�`�� o✓ �� 3� � �� Listed below is a l ist of the tennants who oppose this addition. Patrick's Hair Des gn Oman Enterprises � Mary's Alterations', Insty Print Champion Auto �� Cost Gutters Phalen Furniture I ' Hobbies Flus Hot Comics For Pets Sake A1 Anon Dr. John Austin �� Farranto & Davis, A torneys Abel Business Formsi Thank you for your ime. Sincerely, U� �c�— William W. Abel _ . . q�"', �7 0✓ . �..�,� .. � z \ . � � �. � 3 �� f } � � � ! ..,,, e z „� 0 °� .�.�. ,� ; G , f � 12 � d .�- � �� 6 ; � 5 � r .. _ � .� � �} .b .. i „ : �.....�»o .. ..-� �. i 4 � `a, �I - _ : rv.r u � vai sr � ` � c: a � �� y G � F y C e r., a 7• a '� � y # p � g "h � w X..+tw�. 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