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97-1085Council File # �� — ��5 Green Sheet # � • —�"+ 2 3 4 5 6 7 8 9 1Q I1 12 13 14 IS 16 17 18 19 20 (��ic^1" �tfd;ii��,�� Presented By Referred To 02� PRELIMINARY AND FINAL PLAT FOR TOVJNHOMES AT LAUREL AND MACKi3BIN ADDITION WHEREAS, Pineview Homes, Inc. has submitted the attached preliminary and final plat for City Council approval; and WFIEKEAS, the appropriate city departments have reviewed the plat and found it meets the requirements of Chapter 67 of the Zoning Code; and WI�REAS, notice of the public hearing before the City Council was duly pub]ished in the official newspaper of the city and notices were mailed to each owner of affected property and property situated wholly of partly within 350 feet of the subject property; and WFIEREAS, a public hearing before the City Council was held on August 13, 1997 at which all interested parties were heard, the Council having considered all the facts and recommendations concerning the plat; NOW, THEREFORE, BE IT RESOLVED, that the City Council accepts and approves the attached preliminary and final plat with a variance allowing a 32% building lot coverage for the project and plat known as Townhomes at Laurel and Mackubin Addition by Pineview Homes, Inc. CITY OF RESOLUT{ON PAUL, MINNESOTA Committee: Date Reguested by Department of: Plannin co omic Deve o ment By: � Form Approved by City Attorney By: GIS3 By' �f� � Approved by Mayor for Submission to Council By: Adoption Certified by Council Secretary �906d OEMFTAIENTAFFICE/COUNCI� �ATE INITIAFED rED rzormvGrsou�asT ��c os�i6ra� GREEN SH �c't— �o�� INRIA A IN(fIAUOATE CONTACT PERSON fi PH�NE � DEPAFtTMENT DIRECTOR � CIN COUNCIL ASSIGN CITYATT09NEY �F "'1 CITYCLERK MikeKraemer 266-6583 NUABEflFOR � MUST BE ON CAUNC�I AGENDA BY (DAT ) i pO�N� � 6U�GET OIRECiOq F & MGT SERVICES Dift. As Soon As Possible �� l• � t� � �R�R MAYOA (OR ASSISTANn [� N�¢D TOTAL # OF SIGNATURE PAG I (CLIP ALL LOCATIONS FOR SIGNATUREJ ACTION qEQUESTED: Adopt resolurion to finalize council acGon taken on August 13, 1997 approving the preliminary and fmal plat for Pineview Homes, Inc. allowing each new town home being constructed at 446 I,aurel Avenue to be subdivided and sold as separate units. RECOMMENDA7iON5: Approva (A) or fteject (R) PERSQNAL SERVICE CONTRACTS MUST ANSWER TME FOLLOWING QUESTIONS: _. PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this person/firm ever worketl untler a contract for this tlepartment? GIB COMMfTTEE _ YES NO � STAFF _ 2. Has this personNirm ever been a city employee? YES NO _ DISTRICT COURT _ 3. Does this parsOnflirm possess a skill not normaliy possessed by any curreM city empiq+ee? SUPPoRTS WHICN GOUNCIL O&IECTIVE� YES NO Ezplatn al! yes answers on separete sheet and attach ro green sheet INITIATING PROBLEM. ISSUE. OPPORNNITY (Who, What Whan, Where, W�y): Adopt resolution to fmalize City Council approval of Townhomes at Laurel and Mackubin Addition. Plat approval is necessary to allow the subdivision to be recorded with the county. AOVANTAGES IF APPROVED: Allows an additional option for buyers seeking owner occupied housing within this neighborhood. DISADVANTAGES IF APpROVED: none C�i,� �C�1 �iA1i�bF qUv 27 1997 --. �- . DISADVANTAGES IF NOTAPPROVED: Property could not subdivided to allow each town home to be sold or recorded sepazately as intended. TOTAL AMOUNT OF TRANSACTfON $ COST/REYENUE BUDGETED (CIRCLE ONE) YES NO FUNDIiiG SOURCE ACTIVITY NUMBER FINANC�A4INFORFSATION' (EXPLAIN) � �'1�. - 8�� `��t - � f�se� cent� August 12, 199'7 City of Saint Paul Regard La�sel and MacKubin Development Zoning File 97-190 To whom it may concem: �SF�,eE�A� y Ta TI/� G /Tj' C O[l.�GlG AU G 13 1997 This letter is expresses my opposition to the changes in the plat for the development at Iaurel and Mackubin. The division of the parcels into tivs number of individual plats represenis ezcessive division of the property and over buiiding and development (Eight uniu and pazking garages for sixteen cats) TLe review and approvai for this development was based on the property as a whole. The zoning vaziances were approved for ihe development of the property as a whole. The new plat now allows for the sale of the individual plats, including the future sale of each plat for different developments or pwposes. 171e new mutlliple plats, without the completion of the construction and prior to the completion of the buildings is not a necessary or � desirable change in the gropefty or the neighborhood. As an adjacent property owner since 1978 ditecdy across the alley from the development, I ask you to consider the cutrent and potenlial impact on the neighborhood as well as the developer. Sincerely � Ju ' A. Beck 487 Ashland Avenue cc: Jetry Blakey Bobbie Megard Mike Kraemer �� i�� PLAT STAFF RBPORT �f'1-lo� FILE #97-190 1. APPLICANT: Pineview Homes, Inc. DATB OF IiEARING: August 13, 1997 2. LOCATION: 496 Laurel Avenue (southeast corner of Laurel and Mackubin) 3. L8GP1, DBSCRIPTION: see survey 4. PRBSSNT ZONILiG: RM-2 ZONING CODB RSFSRSNCB: §67.405 &§ 67.406 5. STAFF INVBSTIGATION AND RBPORT: DATB: August 4, 1997 8Y: Mike Kraemer August 14,1997 ----------------------------------------------------------------------------- ----------------------------------------------------------------------- A. PIIRPOSE: To consider a preliminary and final plat request by nineview Homes to allow each new town home unit to be sold as separate units for ownership and recorded with Ramsey County. 8. SiTB & AREA CONDITIONS: The site, known as the Battle Electric site, is flat and currently under construction of an 8-unit townhouse development. The property is located at the southeast corner of Laurel Avenue and Mackubin Street with 154.59 feet of frontage on Laurel Avenue and 141.23 feet of frontage on Mackubin Street for a total 1ot area of 21,832 square feet. The property is zoned RM-2 (residential multiple family). C. BACKGROVND: The applicant is requesting the new plat to allow each new dwelling unit to be sold separately and record with Ramsey County the ownership and tax information for each property. The zoning code requires that the City Council must approve a new plat in prior to recording the new plat with County. The site was previously occupied by a one-story commercial structure used by the Battle Electric Company and was demolished in 1992. The site has remained vacant since the building was removed. In 1958 the Board of Zoning Apgeals granted several variances to allow the construction of a 10-unit town home project with 28 underground parking spaces. Although the Heritage Freservation Commission granted approval of the project and the BZA granted a one year extension, the project was never started. On December 1996 the applicant submitted a variance request to the Board of Zoning Appeals for a 7-unit rowhouse with two carriage house units. This requested was postponed and the development redesigned into the current form. The Heritage Preservation Commission denied the approval of building permits for the current development at its March 27, 1997 meeting. The applicant appealed the HPC denial to the City Council. On April 9, 1997 the City Council reversed the HPC decision and approved the applicants request for the issuance of building permits pertaining to the design of the development. On April 7, 1997 the Board of Zoning Appeals approved the applicants request Pineview Homes Plat Staff Report #97-190 August 4, 1997 Page Two ��SS for several variances pertaining to front, side and rear yard setbacks and a building separation variance £or the current proposal. The BZA approval o£ the variances was appealed to the City Council on May 7, 1997. The City Council denied the appeal and upheld tfie BZA decision to approve the requested variances. The site p1an of the project was reviewed by L.I_E.P. and approved on June 16, 199'7. The proposed plat contains 8 new lots for each new residence, 6 lots for each garage unit and 1 lot as common area for the development. Each dwelling unit will be assigned a garage. The owner of each dwelling unit will own tlze property beneath their unit as well as their assigned garage unit with the common property being owned in common by each property owner within the development. The project consists of 3 duplex dwelling units and 2 single family dwelling units and the garages. Two duplexes and one single family home will face Laurel Avenue, a duplex and a single family dwelling will face Mackubin Street. The garages wi11 have a11ey access at the rear of the property. The new plat reflects the variances already granted for the development of the site. D. D25TRICT COUNCIL RHC0�4fENDAT20N: On March 13, 1997 both the 5ummit-University Planning Council and the Ramsey FIill Association unanimously voted to support the applicants request for variances from the BZA to allow the project to be developed on the site. E . 1. AZZ tke applicabZe provisioas of the Legfslative Code are complied witk. City staff have reviewed the proposed preliminary and final plat and determined that it meets all requirements and standards of the City. 2. The proposed subdivisian wi21 not be detrimental to tke present and potentia2 surrouading land uses. The property can be developed with uses compatible to the area. 3. The area surroun@ing the subdivision can be planned and developed in coordinatiou aad comgat3bility witk tke proposed aubdivfsion. The surrounding area and the area o£ the proposed preliminary and final plat are aompatible with respect to land uses. The area includes a mix of single family, duplex and multiple family dwellings. 4. The snbdivisioa is in conformaace mith the Comprehensive Plaa. The subdivision is in conformance with the comprehensive plan. One of tlie major goals of the District 8 plan is to reoccupy vacant land and buildings and to maintain the residential character of district. �'1- lo `SS Pineview Homes Plat staff report #97-190 August 4, 1997 Page Three 5. The subdivision preserves and incorporates the site's i.mportaat existiag aaturaZ featuzes, mheaever possib2e. Existing natural features have been preserved where possible in the plat. 6. AI1 laad intended for buildiag sites caa be used safeZy mithout eadangering the residents by geril from floods, erosioa, coatinuousZy high water table, severe soil coaditions or other menace. The land can be safely developed. 7. The subdivision can be economically served with pubSic facilitfes and services. The property is served by public facilities and services. F. VARIANCB REOIIIRSD FTNDINGS: (a) Sec. 67.703 of the zoning code allows variance to the subdivision regulation an unusual hardship to the development that; the City Council to grant a s when compliance would create of the land, based on findings (1) Tke zntent of this chapter is met; The subdivision ordinance requires ttiat all applicable provisions of the Legislative Code are complied with. In keeping with the character of the neighborhood, the development has front porches on each building. The development does not meet the lot coverage requirement of the zoning code for the buildings with porches. The development requires a lot coverage variance to allow the porches on the buildings in keeping with the design character of the neighborhood. No additional land cannot be purchased to increase the size on of the lot to meet the lot coverage requirement. (2) The granting of tke variance will not be detrimentaZ Eo the pub2ic safety, health or welfare or iajurious to other property or impzovements in the aeighborfiood in which the property �s located; The surrounding properties and neighborhood would not be impacted if a variance of the lot coverage requirement is granted. (31 The conditious upoa which the request for a variance is based are uaique to the pzoperty for which the variaace is souqht aad are geaerally not appSicabZe to other property; This property is within a historic district, and residential dweZZing units with attached porches are a common and historic feature of residential bui2dings within this district. 2f this development were outside a Pineview Homes Plat staff report #97-190 August 4, 1997 Page £our ��_ ta$'S historic district, a porch would not be a required element to fit within the existing surrounding neighborhood. The development with porahes is keeping with the character of the surrounding neighborhood. (4} The litera2 interpretation of the provisioas of tkis chapter would deprive the applicant of rights commonly enjoyed by other properties in the saate zoaiag district; Without a variance o£ the lot coverage requirements, the property would not allow porches on the buildings as commonly enjoyed by other neighboring properties. (5) The speciaZ canditions aad circumstaaces do aot result from the actioas of the applicant; and The property is within a historic district. This area was designated prior to the applicants development of the site. The project is designed with porches keeping in the character with the surrounding neighborhood. f6) Because of the particular natural surroundinga, shape or topographical conditions of the specific property invoZved, unusuaS hardship to the owner wauZd resuZt, as distinguished from a mere incoaveaieuce, if the strfct letter of these regulations were carried out. The property will allow a total of 38 zoning rooms as a permitted use. This allow as many as 19 apartment units. In keeping with the character of the surrounding neighborhood, the project density has been reduced. Town homes require more lot coverage of the property since they are side by side and not built above another unit. By building town homes on this site, lot coverage requirements are difficult to maintain. (b) Variance recommendatioa: Since porches are a important element to residential dwellings within the district, and based on the Eindings above, staff recommends approval of the lot coverage variance with the preliminary and final plat of the property. G. STAFF R8C01•4dENDATION: Based on the above £indings, staff recommends approval of the preliminary and final plat with a variance to allow a building 1ot coverage of 32o for Townhomes at Laurel and Mackubin Addition by Pineview Homes, Inc. � {'� "'� � � � r ` V � � � �� o� � � � `� a i � i �5 :e � p � ��o Y �r aE€ �� 9� �0 ' ae�^� m��s � a �; ��; � i : 8� mme�e. m�"., �m � � : 33° �9� i§ ' ��: 1. S �� . 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The development requests to cover 7,360 square feet of the lot and the code allows 6, 896 square feet of coverage. The variance is for 464 square feet more coverage for a total coverage of 32 %. Jerry, ask Mike to move the re�ort that was recently no �em� n mus" whic ns it development. I you t� a the fa under� es�� ts are sold(and very !° „ � � � ��r�� ficienc in � o coverage i g on the ces and the area in �x'ea u.--�t7 is d�e to to be �ssued finished. _ . . �Dl�� O u �r�e� � ��h�, w�dGu�1 r � �� u��,2 � �. ►�� . � �a�� C� ��U�� t ��.� � b„�c, L�t v�� wks . DEPARTMENT OF PLANNING & ECONOMIC DEVELOYMENT ol�- lo�s 7,Z - CTTY OF SAIIVT PAUL Na>m Coieman, Mayor Pineview Homes, Inc. Division of Plmmmtitg S West Fopr/h Sbeei Sai�R Pau1. MN i5102 �»v;:.+'i.�,_ . , _ ..._: �..`fi �� July 30, 1997 Ms. Nancy Anderson City Council Research Office Room 310, City Hall Saint Paul, Minnesota 551�2 Dear Ms. Anderson: 97-190 I wouid like to confirm that a public hearing before the City Council is scheduled for Wednesday, August 13, 1997 for the following zoning case: Applicant: File Number. Purpose: Location Tetephane: 6I2-266-G565 Facsimile: 672-228-3314 t�i c < • ,1�:L �; 4:��E' / Consider a preliminary and final plat to aliow each townhouse unit to be sold individually and recorded with Ramsey County property records. 496 Laurel Avenue; southeast corner of Laurel and Mackubin My understanding is that this public hearing request will appear on the agenda of the City Councii on August 6, 1997 and that you will publish notice of the hearing in the Saint Paul legal Ledger. Please cail me at 266-6583 if you have any questions. Sincerely, ��Y '�C� \ Michael J. Kraemer xo�ricEOF rusLtc aEnzuxc Zoning Section TheSaintPaulCityC,ouncilwfflcondactapuhlicheacingonWednesday.August 13, 1997 at 4:30 p.m. in the City Council Chambers, Third Floor City Hall-Court CG: FI�@ #97-� 90 - House, to consider the application of Pineview Homes, Fnc. for a preluninaryand finalplat to allow each townhouse unit at 496 Laurel Avenue to besold individually and recorded with Ramsey County Propetty Records. ''� - Da[ed: July 31, 1997 ' - , NANCY ANDERSON � ' � � � � Assistant City Councff Secretary _ - � � ". " . . � - - - - .(Angust 2. 199'7) � _ . � DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT � I � � O�.S CTTY OF SAIN'C PAUL Norm Coleman, M¢yor �� August 6, 1997 Division af Planning 25 West Fawth S7reet Saint Paul, MN 35102 Telephone: 612-2666565 Facsimi[e: 612-228-3314 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #97-190: Pineview Homes City Council Hearing: August 13, 1997 at 430 p.m. PURPOSE: To consider a preliminary and final plat request by Pineview Homes to allow each new town home unit located at 496 Laurel Avenue (southeast comer of Laurel Avenue and Mackubin Street ) to be � sold as separate units for ownership and recorded with Ramsey County.. Dear Ms. Anderson: Pineview Homes has submitted an application for preliminary and final plat approval for a new 8 unit town home development. City Council action is required to allow the new plat to be recorded with Ramsey County records. This application meets all subdivision requirements and staff recommends approval of the preliminary and final piat application. This item is scheduled to be heazd by the City Council on August 13, 1997. Sincerely, � t Kenneth Ford Ptanning Administrator KF:mk cc: City Councilmembers � �� _ i �s PLAT STAFF REPORT FILS #97-190 � • � 1. APPLICANT: Pineview Homes, Inc. DATE OF T3EARING: August 13, 1997 2. LOCATION: 496 Laurel Avenue (southeast comer o£ Laurel and Mackubin) 3. LEGAL D&SCRIPTION: see survey 4. PRBSENT ZONING: RM-2 5. STAFF INVESTIGATION AND REPORT: ZONING CODfi REFERENCE: �67.405 & § 67.406 DAT&: August 4, 1997 BY: Mike Kraemer A. PURPOSE: To consider a preliminary and final plat request by Pineview Homes to allow each new town home unit to be sold as separate units for ownership and recorded with Ramsey COUnty. B. SITE & AREA CONDITIONS: The site, known as the Battle ElectriC site, is flat and currently under construction of an 8-unit townhouse development. The property is located at the southeast corner of Laurel Avenue and Maakubin Street with 154.59 feet of frontage on Laurel Avenue and 141.23 feet of frontage on Mackubin Street for a total lot area oE 21,832 square feet. The property is zoned RM-2 (residential multiple family). C. BACKGROUND: The applicant is requesting the new plat to allow each new dwelling unit to be sold separately and record with Ramsey County the ownership and tax information for each property. The zoning code requires that the City Council must approve a new plat in prior to recording the new plat with County. The site was previously occupied by a one-story commercial structure used by the Battle Electric Company and was demolished in 1992. The site has remained vacant since the building was removed. In 1988 the Board of Zoning Appeals granted several variances to allow the construction of a 10-unit town home project with 28 underground parking spaces. Although the Heritage Preservation Commission granted approval of the project and the BZA granted a one year extension, the project was never started. On December 1996 the applicant submitted a variance request to the Board of Zoning Appeals for a 7-unit rowhouse with two carriage house units. This reguested was postponed and the development redesigned into the current form. The Heritage Preservation Commission denied the approval of building permits for the current development at its March 27, 1997 meeting. The apglicant appealed the HPC denial to the City Council. On April 9, 1997 the City Council reversed the HPC decision and approved the applicants request for the issuance of building permits pertaining to the design of the development. On April 7, 1997 the Board of Zoning Appeals approved the applicants request • Pineview Homes Plat Staff Report #97-190 August 4, 1997 Page Two c��}-►og5 for several variances pertaining to front, side and rear yard setbacks and a building separation variance for the current proposal. The BZA approval of the variances was appealed to the City Council on May 7, 1997. The CiCy Council denied the appeal and upheld the BZA decision to approve the requested variances. The site plan of the project was reviewed by L.I.E.P. and approved on June 16, 1997. The proposed plat contains 8 new lots for each new residence, S lots for each garage unit and 1 lot as common area for the development. Each dwelling unit will be assigned a garage. The owner of each dwelling unit will own the progerty beneath their unit as we11 as their assigned garage unit with the common property being owned in common by each property owner within the development. The project consists of 3 duplex dwelling units and 2 single family dwelling units and the garages. Two duplexes and one single family home will face Laurel Avenue, a duplex and a single family dwelling will face Mackubin Street. The garages will have alley access at the rear of the property. The new plat reflects the variances already granted for the development of the site. D. DISTRICT COT7NCIL RECODII�tENDAT20N: On March 13, 1997 both the Summit-University Planning Council and the Ramsey Hill Association unanimously voted to support • the applicants request for variances from the BZA to a11ow the project to be developed on the site. E. R800IRED FIND=NGS: 1. All the applicable provisions of the Legislative Code are complied with. City staff have reviewed the proposed preliminary and final plat and determined that it meets all requirements and standards of the City. 2. Tke proposed subdivision wi1Z aot be detrimenta2 to the gresent and potential surroundiag laad uses. The property can be developed with uses compatible to the area. 3. The area surrounding the subdivisioa caa be�planned and developed in coordination aad compatibility with the proposed subdivision. The surrounding area and the area of the proposed preliminary and final p1aC are oompatible with respect to land uses. The area includes a mix o£ single family, duplex and multiple family dwellings. 4. Tlxe subdivision is in conformaace mith the Comprehensive Plan. The subdivision is in conformance with the comprehensive plan. 6ne of the • major goals of the District 8 plan is to reoccupy vacant land and buildings and to maintain the residential chaxacter of district. Pineview Homes Plat sta£f report #97-190 • August 4, 1997 Page Three q� - toS_S 5. The subdivision presezves aad iacorporates the site's important existiag aatura2 features, whenever possibZe. Existing natural features have been preserved where possible in the plat. 6. A1Z land iatended £or building sites can ba used safely without endaagering tke residettts by geriZ from floods, erosion, contiauously high water table, severe soi2 coaditioas or other menace. The land can be safely developed. 7. The subdivision can be economically sezved with pssblic faciSities and services. The property is served by public facilities and services. F. STAFF RECObIMENDAT20N: Based on the above findings, staff recommends approval of the preliminary and final plat of Townhomes at Laurel and Mackubin Addition by Pineview Homes, Inc. � U r 1 �J � SUMMIT—UNIVERSITY a�, �o�S DISTRICT 8�.. _ S0° � 10°0- z000 a000 s000 s000 SC4LE �N fEEf � r �� i� SELw � . �. _._ �� . , i� y i O �o ♦ ' � I i � ��"��' :..� : � !F�fJi�i� � �I ¢ P � � �i�-� `�'fi ?ir�� <<� p� o!t'{ o i � �� 0 ! ._ ,, �. Y Y / (.au �.�� s�. 1 �- 5 � 6 �- 'O-o.o � b oco J �� S ' f ' . t � � � � N N _ � � ' I � . C C�` -�- ��'j � i� O C} O,�s O�'. -� O O O O � ASN�AND AVE. C� C 4�� o '_^ .� `� °°¢ . , 6 g -('� � _.. � �� :.„; � .. . • , �i ��Q�� . 6 , y F ��v !S Ch.URGH FlOAIE ,p� _�,� � , c `c�cl� ¢;p�o;�:�� . ��,Q.�'.�;A f',�� • v ,,� � ri.- � � �� 0 n �' � � o�^{, � i � ! �i 5 o i �� '�r= ° �;�:� . • � .,• � . • • APPLICANT_ P�E�I�{ �� KG . LEGEND PURPOSE Li��'! �1�11�L �A�' �� zoningdistrictboundary � LE # 11 � � �1 � DATE �� i � sub}eCt property n�'�oR_h'� NG. DtST v MAP # 20 0 one famiiy ••^ commerc�al � � two family � �. a industria! SCALE 1" = 400' � �_�.. A-� Q muitiple family V vacant � o 00 - �t,` -�-,: � o , � • C� , I ; � � I I � I �, �i'� ,� � �i i `��' ��,�`� . ��. 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However, if you approve the entire plat as it is presented there arise 2 new 1ega1 and ethical problems: 1. In the 1994 Uniform Building Code, Chapter 5, Table SA, Building Occupancy R-3 states the following Building Limitation: Openings (i. e. windows/doors) are not permitted less than 3 ft from the property line. The plat before you proposes the recorded properry lines to be only 1 ft from the exteriox walls and openings. The City has lee-way to grant substantial variances from its ordinances for this project, and indeed has already done so, but does not have the authority to grant a variance from the above Building Code. The staff report does not include any written documentation from the builder and City Staff which outlines the precise nature of why such a discrepancy is still within the intent of the above Code. 2. In the St. Paul City Zoning Ordinance "Notes to 61101 Residentiai Districts" paragraph (c) we find that for townhouse developments, each individually described lot shali contain 300 sguare feet of unobstructed open space for the private use of the residents of the dwelling unit occupying that Zot. The plat as proposed provides less than half of this requirement. Future buyers of the lots, (built or unbuilt), may be misled by the Council actions if this piat is approved. The developer himself might rightfully feel abused if you approve a plat which is not strictly buildable according to his previously-approved plans. This is a townhouse project with recorded properry ownership lines, not a condominium project. Please consider carefully the consequences to the future owners. Why can't we do 3t right?? Respectfully submitte�d, � or-,2Q. Q. V 0� q;�•Q� n. n�� Herward A& R. Marilyn Vogel, 471 Ashland Avenue, St. Paul, MN 55102 �i1�1- �os Citizen Objection Plat for #97-190 Page 2 Attachments: Photographs of the site taken August 8, 1997 by photographer E. Timmons, plus one snapshot taken by us last month. (The obvious congestion on the pazcel, with 3 more buildings and 8 double-car garages yet to be built can be seen in these photos. Also note the pickets.) CC: Nei�hbors Zonine Office Sue & Charles Didier Mike Kraemer, Kate McGuire & Ray Hoffrnann Paula Mollin Sherrill Gannon Dawn and Jeff Ellerd Robert C.Jordan Richard McDermott Mary Morris Mary E. Pound Duane Fearing Monika Zagar William Conley Pamela J. Brandt Harvey Sherman Dayton & Brenda Gilbert Judith A. Beck Dan & Diane Mueller Tom Davis Elis Ljungkull = ��_-) �&'-S w - - _ - __ __ � �('l- l� �-S � 'l �. - 8 I ��a �a�i._.. =4 r{� �, � : �. August 12, 1997 City of Saint Paul Regard Laiuel and N1acKubin Development Zoning File 97-190 To whom it may concetn: �S�G �e6TA/t j' Ta T/1� �/Ty G Dv.t�G /L AUG 13 1997 �� _ � c�S T7ris letter is expresses my opposifion to the changes in the plat for the development at L,autel and Mackubin. The division of the pazcels into Uris number of individual plau represents excessive division of the property and over building and development. (Eight units and pazking gatages for sixteen cars) The review and approval for this development was based on the property as a whole. The zoning variances were approved for the development of the properry as a whole. The new plat now allows for the sale of the individval plats, including the future sale of each plat for difFerent developments or purposes. The new mutltiple plats, without the completion of the construction and prior to the completion of the buildings is not a necessary or desuable change in the ptoperty or the neighborhood As an adjacent property owner since 1978 direcfly across the alley from the development, I ask you to consider the current and potential impact on the neighborhood as well as the developer. Sincerely � Ju ' A. Beck 4$7 Ashland Avenue cc: Jerry Blakey Bobbie Megard Mike Kzaemer Council File # �� — ��5 Green Sheet # � • —�"+ 2 3 4 5 6 7 8 9 1Q I1 12 13 14 IS 16 17 18 19 20 (��ic^1" �tfd;ii��,�� Presented By Referred To 02� PRELIMINARY AND FINAL PLAT FOR TOVJNHOMES AT LAUREL AND MACKi3BIN ADDITION WHEREAS, Pineview Homes, Inc. has submitted the attached preliminary and final plat for City Council approval; and WFIEKEAS, the appropriate city departments have reviewed the plat and found it meets the requirements of Chapter 67 of the Zoning Code; and WI�REAS, notice of the public hearing before the City Council was duly pub]ished in the official newspaper of the city and notices were mailed to each owner of affected property and property situated wholly of partly within 350 feet of the subject property; and WFIEREAS, a public hearing before the City Council was held on August 13, 1997 at which all interested parties were heard, the Council having considered all the facts and recommendations concerning the plat; NOW, THEREFORE, BE IT RESOLVED, that the City Council accepts and approves the attached preliminary and final plat with a variance allowing a 32% building lot coverage for the project and plat known as Townhomes at Laurel and Mackubin Addition by Pineview Homes, Inc. CITY OF RESOLUT{ON PAUL, MINNESOTA Committee: Date Reguested by Department of: Plannin co omic Deve o ment By: � Form Approved by City Attorney By: GIS3 By' �f� � Approved by Mayor for Submission to Council By: Adoption Certified by Council Secretary �906d OEMFTAIENTAFFICE/COUNCI� �ATE INITIAFED rED rzormvGrsou�asT ��c os�i6ra� GREEN SH �c't— �o�� INRIA A IN(fIAUOATE CONTACT PERSON fi PH�NE � DEPAFtTMENT DIRECTOR � CIN COUNCIL ASSIGN CITYATT09NEY �F "'1 CITYCLERK MikeKraemer 266-6583 NUABEflFOR � MUST BE ON CAUNC�I AGENDA BY (DAT ) i pO�N� � 6U�GET OIRECiOq F & MGT SERVICES Dift. As Soon As Possible �� l• � t� � �R�R MAYOA (OR ASSISTANn [� N�¢D TOTAL # OF SIGNATURE PAG I (CLIP ALL LOCATIONS FOR SIGNATUREJ ACTION qEQUESTED: Adopt resolurion to finalize council acGon taken on August 13, 1997 approving the preliminary and fmal plat for Pineview Homes, Inc. allowing each new town home being constructed at 446 I,aurel Avenue to be subdivided and sold as separate units. RECOMMENDA7iON5: Approva (A) or fteject (R) PERSQNAL SERVICE CONTRACTS MUST ANSWER TME FOLLOWING QUESTIONS: _. PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this person/firm ever worketl untler a contract for this tlepartment? GIB COMMfTTEE _ YES NO � STAFF _ 2. Has this personNirm ever been a city employee? YES NO _ DISTRICT COURT _ 3. Does this parsOnflirm possess a skill not normaliy possessed by any curreM city empiq+ee? SUPPoRTS WHICN GOUNCIL O&IECTIVE� YES NO Ezplatn al! yes answers on separete sheet and attach ro green sheet INITIATING PROBLEM. ISSUE. OPPORNNITY (Who, What Whan, Where, W�y): Adopt resolution to fmalize City Council approval of Townhomes at Laurel and Mackubin Addition. Plat approval is necessary to allow the subdivision to be recorded with the county. AOVANTAGES IF APPROVED: Allows an additional option for buyers seeking owner occupied housing within this neighborhood. DISADVANTAGES IF APpROVED: none C�i,� �C�1 �iA1i�bF qUv 27 1997 --. �- . DISADVANTAGES IF NOTAPPROVED: Property could not subdivided to allow each town home to be sold or recorded sepazately as intended. TOTAL AMOUNT OF TRANSACTfON $ COST/REYENUE BUDGETED (CIRCLE ONE) YES NO FUNDIiiG SOURCE ACTIVITY NUMBER FINANC�A4INFORFSATION' (EXPLAIN) � �'1�. - 8�� `��t - � f�se� cent� August 12, 199'7 City of Saint Paul Regard La�sel and MacKubin Development Zoning File 97-190 To whom it may concem: �SF�,eE�A� y Ta TI/� G /Tj' C O[l.�GlG AU G 13 1997 This letter is expresses my opposition to the changes in the plat for the development at Iaurel and Mackubin. The division of the parcels into tivs number of individual plats represenis ezcessive division of the property and over buiiding and development (Eight uniu and pazking garages for sixteen cats) TLe review and approvai for this development was based on the property as a whole. The zoning vaziances were approved for ihe development of the property as a whole. The new plat now allows for the sale of the individual plats, including the future sale of each plat for different developments or pwposes. 171e new mutlliple plats, without the completion of the construction and prior to the completion of the buildings is not a necessary or � desirable change in the gropefty or the neighborhood. As an adjacent property owner since 1978 ditecdy across the alley from the development, I ask you to consider the cutrent and potenlial impact on the neighborhood as well as the developer. Sincerely � Ju ' A. Beck 487 Ashland Avenue cc: Jetry Blakey Bobbie Megard Mike Kraemer �� i�� PLAT STAFF RBPORT �f'1-lo� FILE #97-190 1. APPLICANT: Pineview Homes, Inc. DATB OF IiEARING: August 13, 1997 2. LOCATION: 496 Laurel Avenue (southeast corner of Laurel and Mackubin) 3. L8GP1, DBSCRIPTION: see survey 4. PRBSSNT ZONILiG: RM-2 ZONING CODB RSFSRSNCB: §67.405 &§ 67.406 5. STAFF INVBSTIGATION AND RBPORT: DATB: August 4, 1997 8Y: Mike Kraemer August 14,1997 ----------------------------------------------------------------------------- ----------------------------------------------------------------------- A. PIIRPOSE: To consider a preliminary and final plat request by nineview Homes to allow each new town home unit to be sold as separate units for ownership and recorded with Ramsey County. 8. SiTB & AREA CONDITIONS: The site, known as the Battle Electric site, is flat and currently under construction of an 8-unit townhouse development. The property is located at the southeast corner of Laurel Avenue and Mackubin Street with 154.59 feet of frontage on Laurel Avenue and 141.23 feet of frontage on Mackubin Street for a total 1ot area of 21,832 square feet. The property is zoned RM-2 (residential multiple family). C. BACKGROVND: The applicant is requesting the new plat to allow each new dwelling unit to be sold separately and record with Ramsey County the ownership and tax information for each property. The zoning code requires that the City Council must approve a new plat in prior to recording the new plat with County. The site was previously occupied by a one-story commercial structure used by the Battle Electric Company and was demolished in 1992. The site has remained vacant since the building was removed. In 1958 the Board of Zoning Apgeals granted several variances to allow the construction of a 10-unit town home project with 28 underground parking spaces. Although the Heritage Freservation Commission granted approval of the project and the BZA granted a one year extension, the project was never started. On December 1996 the applicant submitted a variance request to the Board of Zoning Appeals for a 7-unit rowhouse with two carriage house units. This requested was postponed and the development redesigned into the current form. The Heritage Preservation Commission denied the approval of building permits for the current development at its March 27, 1997 meeting. The applicant appealed the HPC denial to the City Council. On April 9, 1997 the City Council reversed the HPC decision and approved the applicants request for the issuance of building permits pertaining to the design of the development. On April 7, 1997 the Board of Zoning Appeals approved the applicants request Pineview Homes Plat Staff Report #97-190 August 4, 1997 Page Two ��SS for several variances pertaining to front, side and rear yard setbacks and a building separation variance £or the current proposal. The BZA approval o£ the variances was appealed to the City Council on May 7, 1997. The City Council denied the appeal and upheld tfie BZA decision to approve the requested variances. The site p1an of the project was reviewed by L.I_E.P. and approved on June 16, 199'7. The proposed plat contains 8 new lots for each new residence, 6 lots for each garage unit and 1 lot as common area for the development. Each dwelling unit will be assigned a garage. The owner of each dwelling unit will own tlze property beneath their unit as well as their assigned garage unit with the common property being owned in common by each property owner within the development. The project consists of 3 duplex dwelling units and 2 single family dwelling units and the garages. Two duplexes and one single family home will face Laurel Avenue, a duplex and a single family dwelling will face Mackubin Street. The garages wi11 have a11ey access at the rear of the property. The new plat reflects the variances already granted for the development of the site. D. D25TRICT COUNCIL RHC0�4fENDAT20N: On March 13, 1997 both the 5ummit-University Planning Council and the Ramsey FIill Association unanimously voted to support the applicants request for variances from the BZA to allow the project to be developed on the site. E . 1. AZZ tke applicabZe provisioas of the Legfslative Code are complied witk. City staff have reviewed the proposed preliminary and final plat and determined that it meets all requirements and standards of the City. 2. The proposed subdivisian wi21 not be detrimental to tke present and potentia2 surrouading land uses. The property can be developed with uses compatible to the area. 3. The area surroun@ing the subdivision can be planned and developed in coordinatiou aad comgat3bility witk tke proposed aubdivfsion. The surrounding area and the area o£ the proposed preliminary and final plat are aompatible with respect to land uses. The area includes a mix of single family, duplex and multiple family dwellings. 4. The snbdivisioa is in conformaace mith the Comprehensive Plaa. The subdivision is in conformance with the comprehensive plan. One of tlie major goals of the District 8 plan is to reoccupy vacant land and buildings and to maintain the residential character of district. �'1- lo `SS Pineview Homes Plat staff report #97-190 August 4, 1997 Page Three 5. The subdivision preserves and incorporates the site's i.mportaat existiag aaturaZ featuzes, mheaever possib2e. Existing natural features have been preserved where possible in the plat. 6. AI1 laad intended for buildiag sites caa be used safeZy mithout eadangering the residents by geril from floods, erosioa, coatinuousZy high water table, severe soil coaditions or other menace. The land can be safely developed. 7. The subdivision can be economically served with pubSic facilitfes and services. The property is served by public facilities and services. F. VARIANCB REOIIIRSD FTNDINGS: (a) Sec. 67.703 of the zoning code allows variance to the subdivision regulation an unusual hardship to the development that; the City Council to grant a s when compliance would create of the land, based on findings (1) Tke zntent of this chapter is met; The subdivision ordinance requires ttiat all applicable provisions of the Legislative Code are complied with. In keeping with the character of the neighborhood, the development has front porches on each building. The development does not meet the lot coverage requirement of the zoning code for the buildings with porches. The development requires a lot coverage variance to allow the porches on the buildings in keeping with the design character of the neighborhood. No additional land cannot be purchased to increase the size on of the lot to meet the lot coverage requirement. (2) The granting of tke variance will not be detrimentaZ Eo the pub2ic safety, health or welfare or iajurious to other property or impzovements in the aeighborfiood in which the property �s located; The surrounding properties and neighborhood would not be impacted if a variance of the lot coverage requirement is granted. (31 The conditious upoa which the request for a variance is based are uaique to the pzoperty for which the variaace is souqht aad are geaerally not appSicabZe to other property; This property is within a historic district, and residential dweZZing units with attached porches are a common and historic feature of residential bui2dings within this district. 2f this development were outside a Pineview Homes Plat staff report #97-190 August 4, 1997 Page £our ��_ ta$'S historic district, a porch would not be a required element to fit within the existing surrounding neighborhood. The development with porahes is keeping with the character of the surrounding neighborhood. (4} The litera2 interpretation of the provisioas of tkis chapter would deprive the applicant of rights commonly enjoyed by other properties in the saate zoaiag district; Without a variance o£ the lot coverage requirements, the property would not allow porches on the buildings as commonly enjoyed by other neighboring properties. (5) The speciaZ canditions aad circumstaaces do aot result from the actioas of the applicant; and The property is within a historic district. This area was designated prior to the applicants development of the site. The project is designed with porches keeping in the character with the surrounding neighborhood. f6) Because of the particular natural surroundinga, shape or topographical conditions of the specific property invoZved, unusuaS hardship to the owner wauZd resuZt, as distinguished from a mere incoaveaieuce, if the strfct letter of these regulations were carried out. The property will allow a total of 38 zoning rooms as a permitted use. This allow as many as 19 apartment units. In keeping with the character of the surrounding neighborhood, the project density has been reduced. Town homes require more lot coverage of the property since they are side by side and not built above another unit. By building town homes on this site, lot coverage requirements are difficult to maintain. (b) Variance recommendatioa: Since porches are a important element to residential dwellings within the district, and based on the Eindings above, staff recommends approval of the lot coverage variance with the preliminary and final plat of the property. G. STAFF R8C01•4dENDATION: Based on the above £indings, staff recommends approval of the preliminary and final plat with a variance to allow a building 1ot coverage of 32o for Townhomes at Laurel and Mackubin Addition by Pineview Homes, Inc. � {'� "'� � � � r ` V � � � �� o� � � � `� a i � i �5 :e � p � ��o Y �r aE€ �� 9� �0 ' ae�^� m��s � a �; ��; � i : 8� mme�e. m�"., �m � � : 33° �9� i§ ' ��: 1. S �� . 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The development requests to cover 7,360 square feet of the lot and the code allows 6, 896 square feet of coverage. The variance is for 464 square feet more coverage for a total coverage of 32 %. Jerry, ask Mike to move the re�ort that was recently no �em� n mus" whic ns it development. I you t� a the fa under� es�� ts are sold(and very !° „ � � � ��r�� ficienc in � o coverage i g on the ces and the area in �x'ea u.--�t7 is d�e to to be �ssued finished. _ . . �Dl�� O u �r�e� � ��h�, w�dGu�1 r � �� u��,2 � �. ►�� . � �a�� C� ��U�� t ��.� � b„�c, L�t v�� wks . DEPARTMENT OF PLANNING & ECONOMIC DEVELOYMENT ol�- lo�s 7,Z - CTTY OF SAIIVT PAUL Na>m Coieman, Mayor Pineview Homes, Inc. Division of Plmmmtitg S West Fopr/h Sbeei Sai�R Pau1. MN i5102 �»v;:.+'i.�,_ . , _ ..._: �..`fi �� July 30, 1997 Ms. Nancy Anderson City Council Research Office Room 310, City Hall Saint Paul, Minnesota 551�2 Dear Ms. Anderson: 97-190 I wouid like to confirm that a public hearing before the City Council is scheduled for Wednesday, August 13, 1997 for the following zoning case: Applicant: File Number. Purpose: Location Tetephane: 6I2-266-G565 Facsimile: 672-228-3314 t�i c < • ,1�:L �; 4:��E' / Consider a preliminary and final plat to aliow each townhouse unit to be sold individually and recorded with Ramsey County property records. 496 Laurel Avenue; southeast corner of Laurel and Mackubin My understanding is that this public hearing request will appear on the agenda of the City Councii on August 6, 1997 and that you will publish notice of the hearing in the Saint Paul legal Ledger. Please cail me at 266-6583 if you have any questions. Sincerely, ��Y '�C� \ Michael J. Kraemer xo�ricEOF rusLtc aEnzuxc Zoning Section TheSaintPaulCityC,ouncilwfflcondactapuhlicheacingonWednesday.August 13, 1997 at 4:30 p.m. in the City Council Chambers, Third Floor City Hall-Court CG: FI�@ #97-� 90 - House, to consider the application of Pineview Homes, Fnc. for a preluninaryand finalplat to allow each townhouse unit at 496 Laurel Avenue to besold individually and recorded with Ramsey County Propetty Records. ''� - Da[ed: July 31, 1997 ' - , NANCY ANDERSON � ' � � � � Assistant City Councff Secretary _ - � � ". " . . � - - - - .(Angust 2. 199'7) � _ . � DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT � I � � O�.S CTTY OF SAIN'C PAUL Norm Coleman, M¢yor �� August 6, 1997 Division af Planning 25 West Fawth S7reet Saint Paul, MN 35102 Telephone: 612-2666565 Facsimi[e: 612-228-3314 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #97-190: Pineview Homes City Council Hearing: August 13, 1997 at 430 p.m. PURPOSE: To consider a preliminary and final plat request by Pineview Homes to allow each new town home unit located at 496 Laurel Avenue (southeast comer of Laurel Avenue and Mackubin Street ) to be � sold as separate units for ownership and recorded with Ramsey County.. Dear Ms. Anderson: Pineview Homes has submitted an application for preliminary and final plat approval for a new 8 unit town home development. City Council action is required to allow the new plat to be recorded with Ramsey County records. This application meets all subdivision requirements and staff recommends approval of the preliminary and final piat application. This item is scheduled to be heazd by the City Council on August 13, 1997. Sincerely, � t Kenneth Ford Ptanning Administrator KF:mk cc: City Councilmembers � �� _ i �s PLAT STAFF REPORT FILS #97-190 � • � 1. APPLICANT: Pineview Homes, Inc. DATE OF T3EARING: August 13, 1997 2. LOCATION: 496 Laurel Avenue (southeast comer o£ Laurel and Mackubin) 3. LEGAL D&SCRIPTION: see survey 4. PRBSENT ZONING: RM-2 5. STAFF INVESTIGATION AND REPORT: ZONING CODfi REFERENCE: �67.405 & § 67.406 DAT&: August 4, 1997 BY: Mike Kraemer A. PURPOSE: To consider a preliminary and final plat request by Pineview Homes to allow each new town home unit to be sold as separate units for ownership and recorded with Ramsey COUnty. B. SITE & AREA CONDITIONS: The site, known as the Battle ElectriC site, is flat and currently under construction of an 8-unit townhouse development. The property is located at the southeast corner of Laurel Avenue and Maakubin Street with 154.59 feet of frontage on Laurel Avenue and 141.23 feet of frontage on Mackubin Street for a total lot area oE 21,832 square feet. The property is zoned RM-2 (residential multiple family). C. BACKGROUND: The applicant is requesting the new plat to allow each new dwelling unit to be sold separately and record with Ramsey County the ownership and tax information for each property. The zoning code requires that the City Council must approve a new plat in prior to recording the new plat with County. The site was previously occupied by a one-story commercial structure used by the Battle Electric Company and was demolished in 1992. The site has remained vacant since the building was removed. In 1988 the Board of Zoning Appeals granted several variances to allow the construction of a 10-unit town home project with 28 underground parking spaces. Although the Heritage Preservation Commission granted approval of the project and the BZA granted a one year extension, the project was never started. On December 1996 the applicant submitted a variance request to the Board of Zoning Appeals for a 7-unit rowhouse with two carriage house units. This reguested was postponed and the development redesigned into the current form. The Heritage Preservation Commission denied the approval of building permits for the current development at its March 27, 1997 meeting. The apglicant appealed the HPC denial to the City Council. On April 9, 1997 the City Council reversed the HPC decision and approved the applicants request for the issuance of building permits pertaining to the design of the development. On April 7, 1997 the Board of Zoning Appeals approved the applicants request • Pineview Homes Plat Staff Report #97-190 August 4, 1997 Page Two c��}-►og5 for several variances pertaining to front, side and rear yard setbacks and a building separation variance for the current proposal. The BZA approval of the variances was appealed to the City Council on May 7, 1997. The CiCy Council denied the appeal and upheld the BZA decision to approve the requested variances. The site plan of the project was reviewed by L.I.E.P. and approved on June 16, 1997. The proposed plat contains 8 new lots for each new residence, S lots for each garage unit and 1 lot as common area for the development. Each dwelling unit will be assigned a garage. The owner of each dwelling unit will own the progerty beneath their unit as we11 as their assigned garage unit with the common property being owned in common by each property owner within the development. The project consists of 3 duplex dwelling units and 2 single family dwelling units and the garages. Two duplexes and one single family home will face Laurel Avenue, a duplex and a single family dwelling will face Mackubin Street. The garages will have alley access at the rear of the property. The new plat reflects the variances already granted for the development of the site. D. DISTRICT COT7NCIL RECODII�tENDAT20N: On March 13, 1997 both the Summit-University Planning Council and the Ramsey Hill Association unanimously voted to support • the applicants request for variances from the BZA to a11ow the project to be developed on the site. E. R800IRED FIND=NGS: 1. All the applicable provisions of the Legislative Code are complied with. City staff have reviewed the proposed preliminary and final plat and determined that it meets all requirements and standards of the City. 2. Tke proposed subdivision wi1Z aot be detrimenta2 to the gresent and potential surroundiag laad uses. The property can be developed with uses compatible to the area. 3. The area surrounding the subdivisioa caa be�planned and developed in coordination aad compatibility with the proposed subdivision. The surrounding area and the area of the proposed preliminary and final p1aC are oompatible with respect to land uses. The area includes a mix o£ single family, duplex and multiple family dwellings. 4. Tlxe subdivision is in conformaace mith the Comprehensive Plan. The subdivision is in conformance with the comprehensive plan. 6ne of the • major goals of the District 8 plan is to reoccupy vacant land and buildings and to maintain the residential chaxacter of district. Pineview Homes Plat sta£f report #97-190 • August 4, 1997 Page Three q� - toS_S 5. The subdivision presezves aad iacorporates the site's important existiag aatura2 features, whenever possibZe. Existing natural features have been preserved where possible in the plat. 6. A1Z land iatended £or building sites can ba used safely without endaagering tke residettts by geriZ from floods, erosion, contiauously high water table, severe soi2 coaditioas or other menace. The land can be safely developed. 7. The subdivision can be economically sezved with pssblic faciSities and services. The property is served by public facilities and services. F. STAFF RECObIMENDAT20N: Based on the above findings, staff recommends approval of the preliminary and final plat of Townhomes at Laurel and Mackubin Addition by Pineview Homes, Inc. � U r 1 �J � SUMMIT—UNIVERSITY a�, �o�S DISTRICT 8�.. _ S0° � 10°0- z000 a000 s000 s000 SC4LE �N fEEf � r �� i� SELw � . �. _._ �� . , i� y i O �o ♦ ' � I i � ��"��' :..� : � !F�fJi�i� � �I ¢ P � � �i�-� `�'fi ?ir�� <<� p� o!t'{ o i � �� 0 ! ._ ,, �. Y Y / (.au �.�� s�. 1 �- 5 � 6 �- 'O-o.o � b oco J �� S ' f ' . t � � � � N N _ � � ' I � . C C�` -�- ��'j � i� O C} O,�s O�'. -� O O O O � ASN�AND AVE. 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However, if you approve the entire plat as it is presented there arise 2 new 1ega1 and ethical problems: 1. In the 1994 Uniform Building Code, Chapter 5, Table SA, Building Occupancy R-3 states the following Building Limitation: Openings (i. e. windows/doors) are not permitted less than 3 ft from the property line. The plat before you proposes the recorded properry lines to be only 1 ft from the exteriox walls and openings. The City has lee-way to grant substantial variances from its ordinances for this project, and indeed has already done so, but does not have the authority to grant a variance from the above Building Code. The staff report does not include any written documentation from the builder and City Staff which outlines the precise nature of why such a discrepancy is still within the intent of the above Code. 2. In the St. Paul City Zoning Ordinance "Notes to 61101 Residentiai Districts" paragraph (c) we find that for townhouse developments, each individually described lot shali contain 300 sguare feet of unobstructed open space for the private use of the residents of the dwelling unit occupying that Zot. The plat as proposed provides less than half of this requirement. Future buyers of the lots, (built or unbuilt), may be misled by the Council actions if this piat is approved. The developer himself might rightfully feel abused if you approve a plat which is not strictly buildable according to his previously-approved plans. This is a townhouse project with recorded properry ownership lines, not a condominium project. Please consider carefully the consequences to the future owners. Why can't we do 3t right?? Respectfully submitte�d, � or-,2Q. Q. V 0� q;�•Q� n. n�� Herward A& R. Marilyn Vogel, 471 Ashland Avenue, St. Paul, MN 55102 �i1�1- �os Citizen Objection Plat for #97-190 Page 2 Attachments: Photographs of the site taken August 8, 1997 by photographer E. Timmons, plus one snapshot taken by us last month. (The obvious congestion on the pazcel, with 3 more buildings and 8 double-car garages yet to be built can be seen in these photos. Also note the pickets.) CC: Nei�hbors Zonine Office Sue & Charles Didier Mike Kraemer, Kate McGuire & Ray Hoffrnann Paula Mollin Sherrill Gannon Dawn and Jeff Ellerd Robert C.Jordan Richard McDermott Mary Morris Mary E. Pound Duane Fearing Monika Zagar William Conley Pamela J. Brandt Harvey Sherman Dayton & Brenda Gilbert Judith A. Beck Dan & Diane Mueller Tom Davis Elis Ljungkull = ��_-) �&'-S w - - _ - __ __ � �('l- l� �-S � 'l �. - 8 I ��a �a�i._.. =4 r{� �, � : �. August 12, 1997 City of Saint Paul Regard Laiuel and N1acKubin Development Zoning File 97-190 To whom it may concetn: �S�G �e6TA/t j' Ta T/1� �/Ty G Dv.t�G /L AUG 13 1997 �� _ � c�S T7ris letter is expresses my opposifion to the changes in the plat for the development at L,autel and Mackubin. The division of the pazcels into Uris number of individual plau represents excessive division of the property and over building and development. (Eight units and pazking gatages for sixteen cars) The review and approval for this development was based on the property as a whole. The zoning variances were approved for the development of the properry as a whole. The new plat now allows for the sale of the individval plats, including the future sale of each plat for difFerent developments or purposes. The new mutltiple plats, without the completion of the construction and prior to the completion of the buildings is not a necessary or desuable change in the ptoperty or the neighborhood As an adjacent property owner since 1978 direcfly across the alley from the development, I ask you to consider the current and potential impact on the neighborhood as well as the developer. Sincerely � Ju ' A. Beck 4$7 Ashland Avenue cc: Jerry Blakey Bobbie Megard Mike Kzaemer Council File # �� — ��5 Green Sheet # � • —�"+ 2 3 4 5 6 7 8 9 1Q I1 12 13 14 IS 16 17 18 19 20 (��ic^1" �tfd;ii��,�� Presented By Referred To 02� PRELIMINARY AND FINAL PLAT FOR TOVJNHOMES AT LAUREL AND MACKi3BIN ADDITION WHEREAS, Pineview Homes, Inc. has submitted the attached preliminary and final plat for City Council approval; and WFIEKEAS, the appropriate city departments have reviewed the plat and found it meets the requirements of Chapter 67 of the Zoning Code; and WI�REAS, notice of the public hearing before the City Council was duly pub]ished in the official newspaper of the city and notices were mailed to each owner of affected property and property situated wholly of partly within 350 feet of the subject property; and WFIEREAS, a public hearing before the City Council was held on August 13, 1997 at which all interested parties were heard, the Council having considered all the facts and recommendations concerning the plat; NOW, THEREFORE, BE IT RESOLVED, that the City Council accepts and approves the attached preliminary and final plat with a variance allowing a 32% building lot coverage for the project and plat known as Townhomes at Laurel and Mackubin Addition by Pineview Homes, Inc. CITY OF RESOLUT{ON PAUL, MINNESOTA Committee: Date Reguested by Department of: Plannin co omic Deve o ment By: � Form Approved by City Attorney By: GIS3 By' �f� � Approved by Mayor for Submission to Council By: Adoption Certified by Council Secretary �906d OEMFTAIENTAFFICE/COUNCI� �ATE INITIAFED rED rzormvGrsou�asT ��c os�i6ra� GREEN SH �c't— �o�� INRIA A IN(fIAUOATE CONTACT PERSON fi PH�NE � DEPAFtTMENT DIRECTOR � CIN COUNCIL ASSIGN CITYATT09NEY �F "'1 CITYCLERK MikeKraemer 266-6583 NUABEflFOR � MUST BE ON CAUNC�I AGENDA BY (DAT ) i pO�N� � 6U�GET OIRECiOq F & MGT SERVICES Dift. As Soon As Possible �� l• � t� � �R�R MAYOA (OR ASSISTANn [� N�¢D TOTAL # OF SIGNATURE PAG I (CLIP ALL LOCATIONS FOR SIGNATUREJ ACTION qEQUESTED: Adopt resolurion to finalize council acGon taken on August 13, 1997 approving the preliminary and fmal plat for Pineview Homes, Inc. allowing each new town home being constructed at 446 I,aurel Avenue to be subdivided and sold as separate units. RECOMMENDA7iON5: Approva (A) or fteject (R) PERSQNAL SERVICE CONTRACTS MUST ANSWER TME FOLLOWING QUESTIONS: _. PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this person/firm ever worketl untler a contract for this tlepartment? GIB COMMfTTEE _ YES NO � STAFF _ 2. Has this personNirm ever been a city employee? YES NO _ DISTRICT COURT _ 3. Does this parsOnflirm possess a skill not normaliy possessed by any curreM city empiq+ee? SUPPoRTS WHICN GOUNCIL O&IECTIVE� YES NO Ezplatn al! yes answers on separete sheet and attach ro green sheet INITIATING PROBLEM. ISSUE. OPPORNNITY (Who, What Whan, Where, W�y): Adopt resolution to fmalize City Council approval of Townhomes at Laurel and Mackubin Addition. Plat approval is necessary to allow the subdivision to be recorded with the county. AOVANTAGES IF APPROVED: Allows an additional option for buyers seeking owner occupied housing within this neighborhood. DISADVANTAGES IF APpROVED: none C�i,� �C�1 �iA1i�bF qUv 27 1997 --. �- . DISADVANTAGES IF NOTAPPROVED: Property could not subdivided to allow each town home to be sold or recorded sepazately as intended. TOTAL AMOUNT OF TRANSACTfON $ COST/REYENUE BUDGETED (CIRCLE ONE) YES NO FUNDIiiG SOURCE ACTIVITY NUMBER FINANC�A4INFORFSATION' (EXPLAIN) � �'1�. - 8�� `��t - � f�se� cent� August 12, 199'7 City of Saint Paul Regard La�sel and MacKubin Development Zoning File 97-190 To whom it may concem: �SF�,eE�A� y Ta TI/� G /Tj' C O[l.�GlG AU G 13 1997 This letter is expresses my opposition to the changes in the plat for the development at Iaurel and Mackubin. The division of the parcels into tivs number of individual plats represenis ezcessive division of the property and over buiiding and development (Eight uniu and pazking garages for sixteen cats) TLe review and approvai for this development was based on the property as a whole. The zoning vaziances were approved for ihe development of the property as a whole. The new plat now allows for the sale of the individual plats, including the future sale of each plat for different developments or pwposes. 171e new mutlliple plats, without the completion of the construction and prior to the completion of the buildings is not a necessary or � desirable change in the gropefty or the neighborhood. As an adjacent property owner since 1978 ditecdy across the alley from the development, I ask you to consider the cutrent and potenlial impact on the neighborhood as well as the developer. Sincerely � Ju ' A. Beck 487 Ashland Avenue cc: Jetry Blakey Bobbie Megard Mike Kraemer �� i�� PLAT STAFF RBPORT �f'1-lo� FILE #97-190 1. APPLICANT: Pineview Homes, Inc. DATB OF IiEARING: August 13, 1997 2. LOCATION: 496 Laurel Avenue (southeast corner of Laurel and Mackubin) 3. L8GP1, DBSCRIPTION: see survey 4. PRBSSNT ZONILiG: RM-2 ZONING CODB RSFSRSNCB: §67.405 &§ 67.406 5. STAFF INVBSTIGATION AND RBPORT: DATB: August 4, 1997 8Y: Mike Kraemer August 14,1997 ----------------------------------------------------------------------------- ----------------------------------------------------------------------- A. PIIRPOSE: To consider a preliminary and final plat request by nineview Homes to allow each new town home unit to be sold as separate units for ownership and recorded with Ramsey County. 8. SiTB & AREA CONDITIONS: The site, known as the Battle Electric site, is flat and currently under construction of an 8-unit townhouse development. The property is located at the southeast corner of Laurel Avenue and Mackubin Street with 154.59 feet of frontage on Laurel Avenue and 141.23 feet of frontage on Mackubin Street for a total 1ot area of 21,832 square feet. The property is zoned RM-2 (residential multiple family). C. BACKGROVND: The applicant is requesting the new plat to allow each new dwelling unit to be sold separately and record with Ramsey County the ownership and tax information for each property. The zoning code requires that the City Council must approve a new plat in prior to recording the new plat with County. The site was previously occupied by a one-story commercial structure used by the Battle Electric Company and was demolished in 1992. The site has remained vacant since the building was removed. In 1958 the Board of Zoning Apgeals granted several variances to allow the construction of a 10-unit town home project with 28 underground parking spaces. Although the Heritage Freservation Commission granted approval of the project and the BZA granted a one year extension, the project was never started. On December 1996 the applicant submitted a variance request to the Board of Zoning Appeals for a 7-unit rowhouse with two carriage house units. This requested was postponed and the development redesigned into the current form. The Heritage Preservation Commission denied the approval of building permits for the current development at its March 27, 1997 meeting. The applicant appealed the HPC denial to the City Council. On April 9, 1997 the City Council reversed the HPC decision and approved the applicants request for the issuance of building permits pertaining to the design of the development. On April 7, 1997 the Board of Zoning Appeals approved the applicants request Pineview Homes Plat Staff Report #97-190 August 4, 1997 Page Two ��SS for several variances pertaining to front, side and rear yard setbacks and a building separation variance £or the current proposal. The BZA approval o£ the variances was appealed to the City Council on May 7, 1997. The City Council denied the appeal and upheld tfie BZA decision to approve the requested variances. The site p1an of the project was reviewed by L.I_E.P. and approved on June 16, 199'7. The proposed plat contains 8 new lots for each new residence, 6 lots for each garage unit and 1 lot as common area for the development. Each dwelling unit will be assigned a garage. The owner of each dwelling unit will own tlze property beneath their unit as well as their assigned garage unit with the common property being owned in common by each property owner within the development. The project consists of 3 duplex dwelling units and 2 single family dwelling units and the garages. Two duplexes and one single family home will face Laurel Avenue, a duplex and a single family dwelling will face Mackubin Street. The garages wi11 have a11ey access at the rear of the property. The new plat reflects the variances already granted for the development of the site. D. D25TRICT COUNCIL RHC0�4fENDAT20N: On March 13, 1997 both the 5ummit-University Planning Council and the Ramsey FIill Association unanimously voted to support the applicants request for variances from the BZA to allow the project to be developed on the site. E . 1. AZZ tke applicabZe provisioas of the Legfslative Code are complied witk. City staff have reviewed the proposed preliminary and final plat and determined that it meets all requirements and standards of the City. 2. The proposed subdivisian wi21 not be detrimental to tke present and potentia2 surrouading land uses. The property can be developed with uses compatible to the area. 3. The area surroun@ing the subdivision can be planned and developed in coordinatiou aad comgat3bility witk tke proposed aubdivfsion. The surrounding area and the area o£ the proposed preliminary and final plat are aompatible with respect to land uses. The area includes a mix of single family, duplex and multiple family dwellings. 4. The snbdivisioa is in conformaace mith the Comprehensive Plaa. The subdivision is in conformance with the comprehensive plan. One of tlie major goals of the District 8 plan is to reoccupy vacant land and buildings and to maintain the residential character of district. Pineview Homes Plat staff report #97-190 August 4, 1997 Page £our ��_ ta$'S historic district, a porch would not be a required element to fit within the existing surrounding neighborhood. The development with porahes is keeping with the character of the surrounding neighborhood. (4} The litera2 interpretation of the provisioas of tkis chapter would deprive the applicant of rights commonly enjoyed by other properties in the saate zoaiag district; Without a variance o£ the lot coverage requirements, the property would not allow porches on the buildings as commonly enjoyed by other neighboring properties. (5) The speciaZ canditions aad circumstaaces do aot result from the actioas of the applicant; and The property is within a historic district. This area was designated prior to the applicants development of the site. The project is designed with porches keeping in the character with the surrounding neighborhood. f6) Because of the particular natural surroundinga, shape or topographical conditions of the specific property invoZved, unusuaS hardship to the owner wauZd resuZt, as distinguished from a mere incoaveaieuce, if the strfct letter of these regulations were carried out. The property will allow a total of 38 zoning rooms as a permitted use. This allow as many as 19 apartment units. In keeping with the character of the surrounding neighborhood, the project density has been reduced. Town homes require more lot coverage of the property since they are side by side and not built above another unit. By building town homes on this site, lot coverage requirements are difficult to maintain. (b) Variance recommendatioa: Since porches are a important element to residential dwellings within the district, and based on the Eindings above, staff recommends approval of the lot coverage variance with the preliminary and final plat of the property. G. STAFF R8C01•4dENDATION: Based on the above £indings, staff recommends approval of the preliminary and final plat with a variance to allow a building 1ot coverage of 32o for Townhomes at Laurel and Mackubin Addition by Pineview Homes, Inc. � {'� "'� � � � r ` V � � � �� o� � � � `� a i � i �5 :e � p � ��o Y �r aE€ �� 9� �0 ' ae�^� m��s � a �; ��; � i : 8� mme�e. m�"., �m � � : 33° �9� i§ ' ��: 1. S �� . 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The development requests to cover 7,360 square feet of the lot and the code allows 6, 896 square feet of coverage. The variance is for 464 square feet more coverage for a total coverage of 32 %. Jerry, ask Mike to move the re�ort that was recently no �em� n mus" whic ns it development. I you t� a the fa under� es�� ts are sold(and very !° „ � � � ��r�� ficienc in � o coverage i g on the ces and the area in �x'ea u.--�t7 is d�e to to be �ssued finished. _ . . �Dl�� O u �r�e� � ��h�, w�dGu�1 r � �� u��,2 � �. ►�� . � �a�� C� ��U�� t ��.� � b„�c, L�t v�� wks . DEPARTMENT OF PLANNING & ECONOMIC DEVELOYMENT ol�- lo�s 7,Z - CTTY OF SAIIVT PAUL Na>m Coieman, Mayor Pineview Homes, Inc. Division of Plmmmtitg S West Fopr/h Sbeei Sai�R Pau1. MN i5102 �»v;:.+'i.�,_ . , _ ..._: �..`fi �� July 30, 1997 Ms. Nancy Anderson City Council Research Office Room 310, City Hall Saint Paul, Minnesota 551�2 Dear Ms. Anderson: 97-190 I wouid like to confirm that a public hearing before the City Council is scheduled for Wednesday, August 13, 1997 for the following zoning case: Applicant: File Number. Purpose: Location Tetephane: 6I2-266-G565 Facsimile: 672-228-3314 t�i c < • ,1�:L �; 4:��E' / Consider a preliminary and final plat to aliow each townhouse unit to be sold individually and recorded with Ramsey County property records. 496 Laurel Avenue; southeast corner of Laurel and Mackubin My understanding is that this public hearing request will appear on the agenda of the City Councii on August 6, 1997 and that you will publish notice of the hearing in the Saint Paul legal Ledger. Please cail me at 266-6583 if you have any questions. Sincerely, ��Y '�C� \ Michael J. Kraemer xo�ricEOF rusLtc aEnzuxc Zoning Section TheSaintPaulCityC,ouncilwfflcondactapuhlicheacingonWednesday.August 13, 1997 at 4:30 p.m. in the City Council Chambers, Third Floor City Hall-Court CG: FI�@ #97-� 90 - House, to consider the application of Pineview Homes, Fnc. for a preluninaryand finalplat to allow each townhouse unit at 496 Laurel Avenue to besold individually and recorded with Ramsey County Propetty Records. ''� - Da[ed: July 31, 1997 ' - , NANCY ANDERSON � ' � � � � Assistant City Councff Secretary _ - � � ". " . . � - - - - .(Angust 2. 199'7) � _ . � DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT � I � � O�.S CTTY OF SAIN'C PAUL Norm Coleman, M¢yor �� August 6, 1997 Division af Planning 25 West Fawth S7reet Saint Paul, MN 35102 Telephone: 612-2666565 Facsimi[e: 612-228-3314 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #97-190: Pineview Homes City Council Hearing: August 13, 1997 at 430 p.m. PURPOSE: To consider a preliminary and final plat request by Pineview Homes to allow each new town home unit located at 496 Laurel Avenue (southeast comer of Laurel Avenue and Mackubin Street ) to be � sold as separate units for ownership and recorded with Ramsey County.. Dear Ms. Anderson: Pineview Homes has submitted an application for preliminary and final plat approval for a new 8 unit town home development. City Council action is required to allow the new plat to be recorded with Ramsey County records. This application meets all subdivision requirements and staff recommends approval of the preliminary and final piat application. This item is scheduled to be heazd by the City Council on August 13, 1997. Sincerely, � t Kenneth Ford Ptanning Administrator KF:mk cc: City Councilmembers � �� _ i �s PLAT STAFF REPORT FILS #97-190 � • � 1. APPLICANT: Pineview Homes, Inc. DATE OF T3EARING: August 13, 1997 2. LOCATION: 496 Laurel Avenue (southeast comer o£ Laurel and Mackubin) 3. LEGAL D&SCRIPTION: see survey 4. PRBSENT ZONING: RM-2 5. STAFF INVESTIGATION AND REPORT: ZONING CODfi REFERENCE: �67.405 & § 67.406 DAT&: August 4, 1997 BY: Mike Kraemer A. PURPOSE: To consider a preliminary and final plat request by Pineview Homes to allow each new town home unit to be sold as separate units for ownership and recorded with Ramsey COUnty. B. SITE & AREA CONDITIONS: The site, known as the Battle ElectriC site, is flat and currently under construction of an 8-unit townhouse development. The property is located at the southeast corner of Laurel Avenue and Maakubin Street with 154.59 feet of frontage on Laurel Avenue and 141.23 feet of frontage on Mackubin Street for a total lot area oE 21,832 square feet. The property is zoned RM-2 (residential multiple family). C. BACKGROUND: The applicant is requesting the new plat to allow each new dwelling unit to be sold separately and record with Ramsey County the ownership and tax information for each property. The zoning code requires that the City Council must approve a new plat in prior to recording the new plat with County. The site was previously occupied by a one-story commercial structure used by the Battle Electric Company and was demolished in 1992. The site has remained vacant since the building was removed. In 1988 the Board of Zoning Appeals granted several variances to allow the construction of a 10-unit town home project with 28 underground parking spaces. Although the Heritage Preservation Commission granted approval of the project and the BZA granted a one year extension, the project was never started. On December 1996 the applicant submitted a variance request to the Board of Zoning Appeals for a 7-unit rowhouse with two carriage house units. This reguested was postponed and the development redesigned into the current form. The Heritage Preservation Commission denied the approval of building permits for the current development at its March 27, 1997 meeting. The apglicant appealed the HPC denial to the City Council. On April 9, 1997 the City Council reversed the HPC decision and approved the applicants request for the issuance of building permits pertaining to the design of the development. On April 7, 1997 the Board of Zoning Appeals approved the applicants request • Pineview Homes Plat Staff Report #97-190 August 4, 1997 Page Two c��}-►og5 for several variances pertaining to front, side and rear yard setbacks and a building separation variance for the current proposal. The BZA approval of the variances was appealed to the City Council on May 7, 1997. The CiCy Council denied the appeal and upheld the BZA decision to approve the requested variances. The site plan of the project was reviewed by L.I.E.P. and approved on June 16, 1997. The proposed plat contains 8 new lots for each new residence, S lots for each garage unit and 1 lot as common area for the development. Each dwelling unit will be assigned a garage. The owner of each dwelling unit will own the progerty beneath their unit as we11 as their assigned garage unit with the common property being owned in common by each property owner within the development. The project consists of 3 duplex dwelling units and 2 single family dwelling units and the garages. Two duplexes and one single family home will face Laurel Avenue, a duplex and a single family dwelling will face Mackubin Street. The garages will have alley access at the rear of the property. The new plat reflects the variances already granted for the development of the site. D. DISTRICT COT7NCIL RECODII�tENDAT20N: On March 13, 1997 both the Summit-University Planning Council and the Ramsey Hill Association unanimously voted to support • the applicants request for variances from the BZA to a11ow the project to be developed on the site. E. R800IRED FIND=NGS: 1. All the applicable provisions of the Legislative Code are complied with. City staff have reviewed the proposed preliminary and final plat and determined that it meets all requirements and standards of the City. 2. Tke proposed subdivision wi1Z aot be detrimenta2 to the gresent and potential surroundiag laad uses. The property can be developed with uses compatible to the area. 3. The area surrounding the subdivisioa caa be�planned and developed in coordination aad compatibility with the proposed subdivision. The surrounding area and the area of the proposed preliminary and final p1aC are oompatible with respect to land uses. The area includes a mix o£ single family, duplex and multiple family dwellings. 4. Tlxe subdivision is in conformaace mith the Comprehensive Plan. The subdivision is in conformance with the comprehensive plan. 6ne of the • major goals of the District 8 plan is to reoccupy vacant land and buildings and to maintain the residential chaxacter of district. Pineview Homes Plat sta£f report #97-190 • August 4, 1997 Page Three q� - toS_S 5. The subdivision presezves aad iacorporates the site's important existiag aatura2 features, whenever possibZe. Existing natural features have been preserved where possible in the plat. 6. A1Z land iatended £or building sites can ba used safely without endaagering tke residettts by geriZ from floods, erosion, contiauously high water table, severe soi2 coaditioas or other menace. The land can be safely developed. 7. The subdivision can be economically sezved with pssblic faciSities and services. The property is served by public facilities and services. F. STAFF RECObIMENDAT20N: Based on the above findings, staff recommends approval of the preliminary and final plat of Townhomes at Laurel and Mackubin Addition by Pineview Homes, Inc. � U r 1 �J � SUMMIT—UNIVERSITY a�, �o�S DISTRICT 8�.. _ S0° � 10°0- z000 a000 s000 s000 SC4LE �N fEEf � r �� i� SELw � . �. _._ �� . , i� y i O �o ♦ ' � I i � ��"��' :..� : � !F�fJi�i� � �I ¢ P � � �i�-� `�'fi ?ir�� <<� p� o!t'{ o i � �� 0 ! ._ ,, �. Y Y / (.au �.�� s�. 1 �- 5 � 6 �- 'O-o.o � b oco J �� S ' f ' . t � � � � N N _ � � ' I � . C C�` -�- ��'j � i� O C} O,�s O�'. -� O O O O � ASN�AND AVE. C� C 4�� o '_^ .� `� °°¢ . , 6 g -('� � _.. � �� :.„; � .. . • , �i ��Q�� . 6 , y F ��v !S Ch.URGH FlOAIE ,p� _�,� � , c `c�cl� ¢;p�o;�:�� . ��,Q.�'.�;A f',�� • v ,,� � ri.- � � �� 0 n �' � � o�^{, � i � ! �i 5 o i �� '�r= ° �;�:� . • � .,• � . • • APPLICANT_ P�E�I�{ �� KG . LEGEND PURPOSE Li��'! �1�11�L �A�' �� zoningdistrictboundary � LE # 11 � � �1 � DATE �� i � sub}eCt property n�'�oR_h'� NG. DtST v MAP # 20 0 one famiiy ••^ commerc�al � � two family � �. a industria! SCALE 1" = 400' � �_�.. A-� Q muitiple family V vacant � o 00 - �t,` -�-,: � o , � • C� , I ; � � I I � I �, �i'� ,� � �i i `��' ��,�`� . ��. 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However, if you approve the entire plat as it is presented there arise 2 new 1ega1 and ethical problems: 1. In the 1994 Uniform Building Code, Chapter 5, Table SA, Building Occupancy R-3 states the following Building Limitation: Openings (i. e. windows/doors) are not permitted less than 3 ft from the property line. The plat before you proposes the recorded properry lines to be only 1 ft from the exteriox walls and openings. The City has lee-way to grant substantial variances from its ordinances for this project, and indeed has already done so, but does not have the authority to grant a variance from the above Building Code. The staff report does not include any written documentation from the builder and City Staff which outlines the precise nature of why such a discrepancy is still within the intent of the above Code. 2. In the St. Paul City Zoning Ordinance "Notes to 61101 Residentiai Districts" paragraph (c) we find that for townhouse developments, each individually described lot shali contain 300 sguare feet of unobstructed open space for the private use of the residents of the dwelling unit occupying that Zot. The plat as proposed provides less than half of this requirement. Future buyers of the lots, (built or unbuilt), may be misled by the Council actions if this piat is approved. The developer himself might rightfully feel abused if you approve a plat which is not strictly buildable according to his previously-approved plans. This is a townhouse project with recorded properry ownership lines, not a condominium project. Please consider carefully the consequences to the future owners. Why can't we do 3t right?? Respectfully submitte�d, � or-,2Q. Q. V 0� q;�•Q� n. n�� Herward A& R. Marilyn Vogel, 471 Ashland Avenue, St. Paul, MN 55102 �i1�1- �os Citizen Objection Plat for #97-190 Page 2 Attachments: Photographs of the site taken August 8, 1997 by photographer E. Timmons, plus one snapshot taken by us last month. (The obvious congestion on the pazcel, with 3 more buildings and 8 double-car garages yet to be built can be seen in these photos. Also note the pickets.) CC: Nei�hbors Zonine Office Sue & Charles Didier Mike Kraemer, Kate McGuire & Ray Hoffrnann Paula Mollin Sherrill Gannon Dawn and Jeff Ellerd Robert C.Jordan Richard McDermott Mary Morris Mary E. Pound Duane Fearing Monika Zagar William Conley Pamela J. Brandt Harvey Sherman Dayton & Brenda Gilbert Judith A. Beck Dan & Diane Mueller Tom Davis Elis Ljungkull = ��_-) �&'-S w - - _ - __ __ � �('l- l� �-S � 'l �. - 8 I ��a �a�i._.. =4 r{� �, � : �. August 12, 1997 City of Saint Paul Regard Laiuel and N1acKubin Development Zoning File 97-190 To whom it may concetn: �S�G �e6TA/t j' Ta T/1� �/Ty G Dv.t�G /L AUG 13 1997 �� _ � c�S T7ris letter is expresses my opposifion to the changes in the plat for the development at L,autel and Mackubin. The division of the pazcels into Uris number of individual plau represents excessive division of the property and over building and development. (Eight units and pazking gatages for sixteen cars) The review and approval for this development was based on the property as a whole. The zoning variances were approved for the development of the properry as a whole. The new plat now allows for the sale of the individval plats, including the future sale of each plat for difFerent developments or purposes. The new mutltiple plats, without the completion of the construction and prior to the completion of the buildings is not a necessary or desuable change in the ptoperty or the neighborhood As an adjacent property owner since 1978 direcfly across the alley from the development, I ask you to consider the current and potential impact on the neighborhood as well as the developer. Sincerely � Ju ' A. Beck 4$7 Ashland Avenue cc: Jerry Blakey Bobbie Megard Mike Kzaemer