97-217.�i i'� 9 �^'. ; Y �
Presented By
Council File # � a4'�
Green Sheet # ..7 �v� `
RESOLUTION
CITY,O�SAINT PAUL, MINNESOTA
v� �� .
30
Referred To Committee: Date
1
2
3
4
5 WHEREAS, on October 17, 1996, 2145 Limited Liability Partnership made application .
6 to install transpazent windows below the present six (6) foot level restriction in the North and
7 West three [3] story wa11s of its building located on lots 19 - 30, Block 8, St. Catherine Pazk
8 Addition to the City of Saint Paul; and
9
10 WHEREAS, the Council of the City of Saint Paul, in Council Resolution 28093
11 adopted September 29, 1983, had previously ordered, as a condition of approving a height
12 variance for the subject building, that the building's northerly wall be constructed without
13 transpazent windows. However, the Council allowed for translucent brick conshuction where
14 requirements for lighting e�sted; and
15
16 VJHEREAS, the Council of the City of Saint Paul, in Council Resolution 86-1462
17 adopted October 21, 1986, had previously nnposed, as a condition of approving the required
18 site ptan for the subject building, certain conditions similaz to fhose set forth in Council File
19 28093 including a condifion proscribing the installation of transpazent windows in the north
20 wa11s of the subject property but allowing for translucent bricks where requirements for
21 lighting existed; and
22
23 WHEREAS, the subject building was thereafter consh�ucted in compliance with the
24 aforementioned restrictions as a condifion of receiving the building height variance and as a
25 condition of receiving site plan approval and that the subject building was subsequently
26 acquired by a new developez, Hoyt Development Company, located at 13400 15th Avenue
27 North, Plymouth, Minnesota 55441; and
28 WI�EREAS, on or about Mazch 24, 1995, Hoyt Development Company, in Zoning
29 File No. 95-049, made application to the Saint Paul City Council to modify the restrictive
3Q window condifions previously imposed in the above stated resolutions so as to permit the
31 installation of windows on the North and West sides of the building; and
32
33 WHEREAS, on April 19, 1995, the City Council conducted a public hearing on
34 Zoning File No. 95-049 to consider Hoyt Development Company's request for modification of
35 the window restrictions and at the conclusion of the public hearing, in Council Resolution No.
36 95-419 adopted April 26, 1995, determined to modify the window restrictions described above
37 by allowing transparent windows begimiing at six (6) feet from the floor of the office
38 building portion; and
39
40 WHEREAS, the Council, in order to facilitate the deterinination to modify the said
41 window restrictions, resolved to amend Council Resolution 280932 [the height variance
42 condition] adopted September 29, 1983, in the following particulars as indicated by the
43 underlined language:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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29
30
31
32
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34
35
36
37
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44
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48
49
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51
Paragraph 7. The developers shall cooperate with the abutting
neighboring property owners in the design and the construction
of the ramp so as to m;n;mi�e noise, emissions of all sorts, to
provide privacy and preserve aesthetic integrities to the abutting
neighboring property, and the developer shall consistenfly use
state of the art technology to accomplish the intent of ttris
resolution. The northerly wall of the office building maX be
constructed or remodeled so as to provide windows beeinning at
siY 6) feet from the floor of the office building and the parking
ramp shall be constructed of a solid wall and where requirements
for lighting purQoses exist, translucent bricks may be used; and
a� -at�
WHEREAS, the Council in order to facilitate the determination to modify the said
window restrictions, resolved to amend Council File Resolution 86-1462 [the site plan
approval condition] adopted October 21, 1986, in the following particulazs as indicated by the
underlined language:
Paragraph 4, The northerly wall of the commercial building mav
be constructed ar remodeled so as to provide windows beeinning
at six t6) feet from the floor of the commercial building and the
parking ramp shall be consiructed of a solid, opaque wa11 except
where requirements for lighting exists, translucent bricks shall be
specified; and
WE-IEREAS, on October 17, 1946, 2145 Limited Liability Partriership, 13400 15th
Avenue North, Plymouth, MN 55441, in Zoning File No. 96-264, again made application to
modify or remove the window restrictions previously noted at the outset of this resolufion;
and
WHEREAS, on November 13, 1996, the Council of the City of Saint Paul, acting
upon notice to affected parties, duly conducted a public hearing where all interested parties
were given an opportunity to be heard in order to consider 2145 Limited Liability
Partnership's proposal to remove or modify the present window conditions imposed by the
City Council by installing transparent window openings on the North and West elevations of
the subject building below the six (6) foot level as measured from the floor of the subject
building; and
WHEREAS, the Council, hauing heard the statements made and hauing considered the
application, the report of staff, the record, and all the testimony on the matter does hereby;
RESOLVE, that the Council of the City of Saint Paul denys the application of 2145
Limited Liability Partnership based upon the following finding of the Council:
Based upon all the testimony and having considered the application and the
report of staff, the Council finds that the window restrictions previously
imposed, and as modified, are prudent and were designed to maintain the
liveability of the adjacent residential properties abutting the subject building.
AND BE IT FURTHER RESOLVED that the application of 2145 L'united Liability
Paztnerslup is in a11 things denied; AND BE IT
1 FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to
2 2145 L'united Liability Partnerslup, the Zoning Administrator, the Board of Zoning Appeals
3 and the Saint Paul Planniug Commission. n�-a,��
..�
xequested by Department of:
By:
Adopted by Council: Date l\ � Form Approved by City Attorney
Adopti n Certified by Council Secretary gZ ��'��� �-f�_�"�
BY= a Approved by Mayor for Submission to
Approved by May . Date � I� f 7" Council
By:
[ =. /l �7�' By �
a Q ' /' � t -a
DEPARSMENiIpFFlCEICOUI�ICIL DATE INITIATED �() U� J
c�t coun��i GREEN SHEE
GON�ACf PERSON & PHONE INITIAVDATE INRIAVDATF
� DEPARTMENi DIftECTOR � LI7V COUNCIL
Mike Harris, 266-8630 ASSiGN � CITI'ATfORNEY O CITYCLERK
NUNBERFOR
MUST BE ON CqUNCILAGENOA BY(DAT� ROUTING � BUDGET DIRECTOR � FlN. & MGT. SERVICES Dlq.
OROEH � MpyOR (OR ASSISTANT) �
TOTAL # OF SIGNATURE PAGES (CLIP ALL L9CATIONS FOR SIGNATURE)
AC710N RE�UESTED:
Finalizing the decision of the City Council to deny the application of 2145 Limited
Liability Partnexship to modify or delete restrictions previously imposed by the City Council
on the building located at 2145 Ford Parkway . Restrictions were imposed in 1983 (Resolution
28093 1986 86-1462 and modified in 1995 95-049 . Decision to den taken on Nov. 13, 19 6
RECOMMENOA710NS: Approve (A) or Reject (R) pERSONAL SERYICE CONTHACTS MUST ANSW ER THE FOLLOW fNG QUESTIONS:
_ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoNfirm ev0r worketl Untler a contract for [his departmeM?
_ CIB COMMITfEE _ YES NO
2. Has this person�rm ever been a ciry employee?
_ 5iAFF — YES NO
_ DIS7RICi COURT _ 3. Does this personttirm possess a skill not normalry possessed by any curcent city employee?
SUPPOR(S WHICH COUNGL09.IECTIVE? YES NO
Explain al1 yea answers on Seperate sheet entl attach to green sheet
1NITIATiNG PROBLEM. fSSUE, OPPORTUNITY pNho, Whst, When. Whera, Why)'
ADYANiAGESIFAPPROVED:
DISADVANTAGES 7F APPROVEO:
Council Research Genfer
F�� � '' T997
DISAOVANTAGES IF NOT APPAOVED:
TO7AL AMOUNT OF iRANSACiION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
PUNDIWG SOURCE ACTIVttY NUMBER
FINANpAI INFORl�FATION: (EXPLAIN)
OFFICE OF TI� CITY ATTORNEY
Peg Bvlt Ciry Attorney �� • ��^
.`
CITY OF SAINT PAUL
Norm Co7emm�, �Ylayor
Civil Division
900 City HaA
I S West XeRogg Btvd
Saint Paul, M"mxeso�a 55702
Te@phone: 672 266-8770
FacsimiTe: 612 2985619
February 19, 1997
Nancy Anderson
City Council Research
Room 310
City Hall/Court House
Saint Paul, MN 55102
RE: Resolution finalizing the decisioa of the Couacil to deny the
request of 2145 Ltd. Liability Partnership to awdifg or delete
restrictions previously imposed in Couneil Resolutions 28093
[1983] aad 86-1462 [1986] as modified by 95-049 [1995].
Dear Nancy:
Enclosed please find a signed as to form original of a resolution
which finalizes the decision of the City Council to deny the
application of 2145 Limited Liability Partnership to modify or
delete certain conditions that had been imposed by the City Council
on the building located at 2145 Ford Parkway in 1983 and 1986 and
which the Council had recently modified in 1995.
If you have any questions please contact me.
Very truly yours,
-�����
Peter W. Warner
Assistant City Attorney
enc1:
cc: Tom Beach - LIEP
a"i - �. ��1
CTTY OF SAINT PALTi.
Norm Coleman, Mayor
October 21,1996
Ms. Nancy Anderson
Ciry CouncIl Research Office
Room 310 City Hall
Saint Paul, MN 55102
Dear Ms. Anderson:
OFFICE OF LICENSE, INSPECfIONS AND
hN V IlLONMENTAL PROTECTION
Rober[Kessler, Director
BUILDING INSPECTIONAND
DESIGN
3SOStPeterSaeer
Suiie 310
SaintPau�Minnesota 55102-ISIO
�
Telsphona: 612-26f 900f
Facsimi7e: 61 �-26(r9099
�itbl .°P?j '���^rr....as_ _:�r..-..,
:�:. : .. . ., , �.�' :-�:��
e'�: u i � ' ����
I wouid like to confimi that a public hearing before the City Council is scheduled for Wednesday, November
13, 1996 for the following zoning case:
Applicant: 2145 Limited Liability Parinership
File Number: 96-264
Purpose: The applicant is asking the City Council to rescind a condition they placed on a
variance previousty gramed for the properiy. The condition states that the bottom of
certain windows on the north side of the building cannot be lower than 6 feet above
the floor.
Location: 2145 Ford Parkway
I have confinued this date with the office of Councilmember Harris. Mv understandin� is that this public
hearin� reauest will a�peaz on the agenda of ttie City Council at your earliest convenience and that you will
publish norice of the hearing in the Saint Paul Le�al I,edger
Please call me at 266-9086 if you have any questions.
Sincerely,
��T��
Tom Beach
Zoning Section
--�-- - - • � � - -----
- -- , _ _ --_ _POTIOE OF-PUBEIC HEARIIPG - - - �
�'` The Saint Paul bity Council will conduct a public h�aring on �Flednesday,
November SS,. �1996 at-4:3�b p in� the Cify Council �hambers; Third Flaor,
City Hall: to consider the appIication of 2145 Limited Liability Partnership aslQng
that the City Couneil rescind a condition placed on a variance previously granted
�foa the property aY 2145 Ford P6rkway. The condition stated �that ffie botfom
certain.wjn3ows oa [he north`side of [he building caz�ot belower tL�aa6 feeta'bove
Ehe floor' ` - ' - . . . . . _ . . .
Dated: Octobei2l, 1998 _ . _ � -
NANCY ANDERSON � � � - � ' � -
1 Assistant City Councit Secretary � � � ' ' ' ; � ��
., . . - ._ , _ _ - (October 23, 1996} ' � �. F�
q �.�.�K �� � �.�
,�t � "
' � lt`l'��q6 E✓,�krm,
.. LL 35a•
ZONING BOARD
APPLIEATION FQFi ZONWG ORDINANCE VARIANCE t
'� C�TY OE SAINT PAUI � U� U'�� �
A VARIANCE OF ZONING COOE CHAPTER�,SECTiON�PARAGRAPH
1S FEQUESTED IN CONFOFiM�TY WtTH THE POWERS VESTED IN THE BOARD OF ZONING AP—
PEALS TO PERM�T THE ,
-++ f in(IOW3 below NPRO ERTY
DESCftISEO BEIOW.
q. Applicant: NAME: ZI�iS Limited Liabilitv Partnership
ADORESS 134d0 15th Ave N Plymouth MN 5544
DAYTIME TELEPHONE NO.
612-551-4944 ziPCOOe 1-4943
t. Property interest of applicanY (owner, co�tract pu2haser, etc.)
owxEg
2. Name ot owner (if different)
B. P�operty Description: ADDRESS 2145 Ford Parkway, St. Paul, MN
1. LegaldescriPtion: �OT 7�_ 2A BLOCK R ADD.$.�.�.�'3.C�1�
/} erine Park
2. , Lot size: ✓ n �'� ` —
. 3. Present U5e V 1 1 / C� Present Zoning Dist. ���
C. � Reasons tor Request: , 6
i. ProPoseduse Y[> �� ��`' r . G�l�'�C��
� �C��`LCP>� � � - .
Office �
,.,.C� G 1'\� �T� Gt1
2. What phyaca� characteristics of the properry prevent its being used for any of the permitted nses
� m your zone? Stopography, soit conditions, size and shape of �ot, etc.)
�
Lack of Flindow: �� �,� S �� �� �.on window
' height of 6;'fei
3. State the speatic variation requ �d� i��ac� �L rt d west
Installation o
elevations, al Z d��x, urrent
6 foot require
4. Explain how Vour case conforn
a. That the strict app�ication [ oultl resWt �n pe<uliar
' or exceptional praccica� difficulties, or exceptionai unoue narasmps.
Existing restricCion is a modification of a
prior approval of site p�an and variances.
Current ordinance wo � t ��
Lac f indows has ne�a � � E s@n���
kO q �. �-, i.�n �t'. R�k', �; g •
"b. That the granpng of a vanance w� F: ; f `�c� •! �1�'_ = -!- =f � --r "+ ��
not be a snbstantial deCrimen2 ro .i(Ze(j �.-•�?F� ; q,^-.[ � e 1�*:�.. e}�+
pubiic 9ood or a su6stantiai impa��- _;.;r y,� 3-,:;��, tt(j
ment of the intent and purposeof
ihe Zoning Ordine e.
This is a stan�ard
request far an office .-
building. �^
��,_a��
�
NOTE: THIS WILL NOT BE PROCESSED ITHOUT A COMPLE7E S�TE PLAN! �
�(�
Si9nature !,'/ � � ;
.
V Y""
' - +_s-.A.r_.._. _: n��n.Pn..e6.ed.- " I
CITY OF SAIIV7' PAUL
Norm Colemars, Mayor
November 6,1996
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Hall
Saint Paui, Minnesota 55102
OFFICE OF LSCE�SE, !N5Y�CfiOKS AND
ENVIRONMENTALPROTECTION _�
RobenK¢rsler.Director " ��
LAWRP PROF�SIONAL Teiephorse: 612-266-909Q
BUILDA'G Facsimile: 61 L2669099
Suite 300 611-2b69124
350 SC Peter S[ree[
SorntPau{Minnesota SSIO2-I510
RE: File name: 2145 Limited Liability Partnership (Brad Hoyt)
Location: 2145 Ford Parkway
City Council hearing date: November 13,1996
PURPOSE: To consider a request by the property owner to remove restrictions on windows on the north
side of a building. The restcictions were previously required by the Ciry Council as condition of a variance
and site plan approval.
STAFF RECOMMENDATION:
SUPPORT None
OPPOSITION None
Deaz Ms. Anderson:
Deny the request and uphold the current restrictions.
The applicant wants to instali windows on the north side of the office building Iocated at 2145 Ford Parkway.
The City Council previously placed a condition on a variance and site plan for the building that restricts the
size and location of windows on the north side of the building. The applicant is asking the City Council to
rescind this condition.
Ttus matter is scheduled to be heard by the Ciry Counci] on November 13. Please notify me if any member of
the City Council wishes to have slides of the site presented at the public hearing.
Sincerely,
►
Tom Beach
Attachmenks
cc: Ciry Councilmembers
�-�- z��
CITY COUNCIL STAFF REPORT
1. APPLICANT: BRAD HOYT FOR 2145 LTD LIABII.ITY PARTNERSHIP FILE 96-264
Z. CT.ASSTFICATION: Request to modify a condition on a variance HEARING DATE: 11/13/96
3. LOCATION: 2145 FORD PKWY
4. LEGAL DESCRIP'I'ION: LOTS 1930, BLOCK 8, ST. CATE�RINE PARK
5. PLANIVING DISTRICT: 15
6. PRESENT ZONIIVG: B-2 ZONING CODE REFERENCE: 64.Z07
7. STAFF INVESTIGATION AND REPORT: DATE: 11/5/96 BY: Tom Beach
S. DATE TtECEIVED: 10/17/96
A. Pi7RPOSE: The applicant wants to install windows on the north side of the office building located at
2145 Ford Pazkway. The City Councii previously ptaced a condition on a variance and site plan for the
building fhat restricts the size and location of windows on the north side of the buiIding. The appticant
is asIdng the City Council to rescind this condition.
B. SITE AlYI) AREA CONDITIONS: The site covers 60,400 square feet. The building and attached
pazldng ramp occupy the entire site. The pazking ramp occupies the east ihird of the site. T'he middte
portion of the site is occupied by a three-stary buiiding with a basement and this is where the owner
wants to add the windows. A one-story building with a basement occupies the westem third of the site.
Surrounding Land Use:
North: Single-family residential across the ailey (R-4}
East: Commercial across the street (B-2)
South: Commercial across the street (B-2)
West: Commercial (B-2)
C. BACKGROiJND: in 1983 the Boazd of Zoning Appeals approved a height variance for tfiis
building. This decision was appealed to the City Council who upheld the vaziance with a number of
conditions. One of Yhese amdidons was that in order to "provide privacy and preserve the aesthetic
iutegrities to neighboring property ... the northedy wall of the off`ice/retail building and parking ramp
shatl be constructed of a solid waii and where requirements for lighting purposes exist, translucent
block may be used."
In 1986 ihe Boazd of Zoning Appeals approved a malifica6on to the 1983 variance to pemut a
different configuration of the building. The height variance allowed a maxintum building height of 35'.
The City Cauncil upheid the variance on appeal and appzoved the site plan subject to a number of
conditions, including that "aIi conditions previously set forfh in [the 1983 City Councii decisionJ shall
continue to apply."
The building was constructed in the late 1980's. The only windows on the north side of the buitding
were a row of translucent glass blcek windows on the tivrd story which were permitted under the
conditions approved by the City Council.
The building was not occupied atier it was fuushed and in 1989 the mortgage was declazed in default.
In 1993 Aoyt Development submitted a bid for the building. In April 1994 the Ciry Council approved a
change in the condition of the 1986 variance and site plan so that the Hoyt Development could charge a
fee for parking in the raznp. All the ottier conditions remained in effect. In December 1994 Hoyt �� �a `�
Development closed on the property.
In Mazch 1995 Hoyt Development requested the City Council to rescind the conditions limiting
windows on the norch side of the building to translucent glass blocks. The Council did not rescind the
condition but modified it to pemut windows beginning 6 feet above floor level in addition to the
ffanslucent glass blocks that were already permitted.
Over the life of this project, the City Council has attached a number of other conditions to various
approvals. Some of these conditions appazenfly have been complied with, such as plowing the al]ey and
paurting the buiiding ,while others have not, such as planting boulevard trees along Finn and vines
along the alley.
D. FINDINGS:
The three-story portion of the building in the middle of the site where the owner wants to add
windows is currently emply.
In a letter that was sent as part of the zoning application, the property owner states that the lack of
windows on the north side of the builcling is the main reason the three story portion of the
building is empiy and that the lack of windows has contributed to a problem with vandalism. (See
attached letter dated October 30.)
2. The westem portion of the building is one story high with a basement. It has no windows on the
north side. It is currenfly occupied. The tenants include Lifetime Fitness and a medical clinic.
3. The restrictions on windows on the north side of the building were originally intended to "provide
privacy and preserve the aesthetic integrities of adjacent propercy." The physical chazacteristics
of the building and the ad}acent properties across the alley to the north have not changed since the
restrictions were originally required. The restrictions still serve to protect the privacy of the
adjacent back yazds.
4. The restrictions on the windows on the north side of the building were in effect when the current
property owner bought the property in 1994.
5. In 1995 the City Council denied a surulaz request by the properry owner to rescind the original
restrictions on windows on the north side of the building. However, the Council ageed to loosen
the restriction to pemut windows beginning 6 feet above floor level in addition to the transiucent
glass blocks that were already pemutted.
E. DISTRICT COIJNCIL RECOMMENDATION: The Highland Area Communiry Council
opposed a similaz request for windows in April 1995. They will meet on November 7 to discuss the
currentreques�
F. STAFF RECOMI�IENDATION: Based on fmdings 3-5, staff recommends that the Ciry Council
deny the property owner's request and uphold the current restrictions on windows on the north side of
the 6uilding.
ATTACHMENT5
- Applicarion and letter from property owner
- 1995 City Council resolution on previous request for windows
- Elevation of north side of building and site plan showing location of proposed windows
- Location Maps
,; �. �; <<- -
`, t ��= _�� � r z,
�,_
�._1 � n ��3�� ��°� E����s,
, LL 35�.
ZONING BOARD
APPLieAT10N FOR ZOtVING ORDINANCE VARIANCE
CITV OF SAINT PAUL � l3 4 O�: t �
(/n/ I '` 7
A VARIANCE Of ZON�NG CODE CMAP7ERS�L�. SECTION�P�+RAGRAPH
!S REQUESTEO �N CONFORMIT�' �"1�TH THE POWERS VESTED �N THE BOARD OF ZONING AP-
6 feet
PEALS70PERMITTHE '-� "�t"t"�° �f y7�-n�IOWS }IESOHONPROPERTY
�7? - � 17
OESCRIBEO BELOW. �
A. APP���ant; NAME: 2145 T imited L4abilitv Partnership
aoorcess 13400 15th Ave. N. , P7 ymouth 14N 5544 j
612-551-4944 z l PCOOel - 4943 ;
DAYTIME TELEPHONE NO. j
i. Property interes[ ot app�icanr. lowner, contract pur<Aaser, etc.) I
Q�'�N�� �I
2. Name of owner lif differentl
8. PropertyDescription: ADDRESS 2145 Ford Parkway, St. Paul, MN ��
1, Legaides<ription: LOT] BLOCK R ADD. 'S..{ ('ath—
i
erine Park
�. �ot =,=e. On -� le.- i
3. Present Use C/\ V!�e' Present ZoN�9 Dist. ��"�'
C. � Reasonsfor Requezv . � / �
1. ProPoseduse��.��uP>�. -�-�} VC��Yie�t� (}.�'�-���. c��ri<�) '
Office <--J `
.�' c. ; �t � 7� c ; �
Z. Whac Physical c�aracteristics of the property prevent its being usetl for any ot the permitted uzes
in your zone? (topo9raphy, soii cond�tions, size and shape of �ot, etc.)
Lack of Llindoius and required location window
' height of 6�feet above floor level.
3. S[ate the specrfic var'�ation requested, 9��ing dis[ances where appmpriate.
Installation of windows on norCh and west
elevations, all floors, 6eloc+ the current
6 foot requirement.
4. Explain how your case conforms to each of the following:
a. That the strict application of the provisions of the Zoning Ord�ance woWd resul[ +n peculiar
' or excep[ional practical difficuitiez, or exceptionai undue hardships.
Existing restriction is a modification of a
prior approval of site p�an and variances.
Current ordinance wo ti winclows
Lac p f w indows has ne at
�6, 7hat the granting of a vanance w�tl' i:. � - +� +' � •• "-' =�'` � �� -
not be a substantial detriment m 'd1E;' .,, ,r s� � i ��t�
pubiic good or a substantial impairv -, �,:; ; ��;{;
ment of the intent and purposeof
the 2oning Ordinan e.
This is a stan�ard
request far an o£fice
building. °
NOTE: TNIS WILL NOT BE
A COMPIETE SITE PLAN! .
� �(��
Si9nature
Date Received
I
�
I
�
October 30,1996
Mr. Tom Beach
LIEP
350 St. Peter Street, Suite 300
St. Pau1,MN 55102
'�
Dear Mr. Beach:
Hoyt Development
C O M P A N Y
13400 15th AVENUE NORTH, SUITE F
PLYMOUTH, MINNESOTA 55441
Pho�e 612-551-4944 Fax 612-557-4943
i-800-551-NOYT
SENT VIA FACSIMILE
266-9099 & U. S. MAIL
2145 Ford Parkway
�� '�"��
Thank you for taking the time to speak with me regarding our request for approva] of the
installation ofwindows on the above captioned property. As you know, this item was considered
over one year ago by the City Council. The Councii, after hearing misinformation from several of
the neighbors regazding the projects history and the surrounding uses acted on a motion by
Councilmember Harris to reject my request and approve windows at a height on which a person
needed to stand on a stepladder to view outward. I was not given a chance to address the councii
as they had closed the public hearing. Today, I remain 100% vacant in the office building portion
of the property due to the lack of window area as a direct resuit of the Council's actions. The
Councii acted on the assertion by Mrs. Barb Spangenberg that no office buildings in St. Paul, let
alone Highland Park, have windows overiooking a residential neighborhood. This, of course, is
absolutely false. 7ust one block away the Haskell's office building has windows overlooking
identica] residences.
I am not aware of any ]and planning considerations that dictate the elimination of windows on
of�'ice buildings due to their negative impact. On the contrary, nobody rents office space that has
no windows. It is a fact that windows on the north and west walls of the building woutd add,
rather than detract to the aesthetic appeal of the building. Currently, the north wall of the building
is a plain block wall (excepting the daily occurrence of graffiti). Because there are no windows in
the north wail of the building, vandals, vagrants and otiier undesirables know that they can
conduct their activities without beina seen. I believe this is partly to biame for the fact that I have
suffered in the past ei�hteen months nearly three quarters of a million doSlars in property damage
MINNEAPOLIS • TAMPA
DEVELOPMENT • CONSTRUCTION • MANAGEMENT • INVESTMENT
��—ac�
Mc Beach
Page 2
October 30,1996
that continues unabated. It is my experience that there is no police enforcement of presence
anywhere in the Highland Park area I have had to erect barbed and razor wire barriers to prevent
people from scaling these blank walis and dama�ing th� roof.
The entire City of St. Paul suffers as a result of the inappropriate consideration of one selfish
neighbor. Property taxes gencrated by this buiiding were in excess of $400,000 per year.
!' ihe�� are �, St)��Qn. T 81?t A��?Ca1.I1� t}' ��31t:�tinn nf t}:!> t'.L':��in� tD . ltlwar l�2)i3E baS�3
on the fact that the property currently loses neazly $1,000,000 annually as a result of the vacancy
created by the dearth of windows. The irrationat, inappropriate and irretevant issues created by
Mr. Spangenberg and others have only served to cause great economic and social loss to the ]oca]
and greater community. the economic impact of jobs that would occupy this apace is worth
hundreds of thousands of dollars annuatty ta local merchants.
An additional imperative is the imminent c[osing of the Ford Bridge. If this property is not teased
prior to iPs closing our leasing prospects will be gravely diminished.
It is unwise to cause the continuation of economic (oss due to a previously defective land planning
appcoval. This project has the potentiat to be a great asset to the community - or a damaging
nuisance. HoyY Development has invest millions of dollars and incalculable effort to enhance the
community in the hope of a return on it's investment. We have honored all our commitments
made to the City and neighbors. This consideration has not been returned.
Very truly yours,
_ __.�..�.—�
.7�•�!�� .���
: .� • •
- �•
BAH:kc
HPBEACH.SAM
Development
Z L , l� T�1'� I��U t_t..'U..S� Ccur.cil Filz $'
_�
Green Sheet #
RESOLUTION
_ CITY O� SAINT PAUL, MINNESOTA
Presented
Referred To
1
2
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5
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37
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39
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Committee: Date
�` -� �`l
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a�at!
/�
WHEREAS, The City Council, by resolution 2s0932, adopted SeptemUer 29, 1983,
as amended by reso3ution SS-32G, adopted March 19, 1985, a�proved variances for the
construction of a building and a parking ramp located on lots 19 through 30, Block 8, St.
Catherine Park Addition to the City of Saint Paul; and
WHEREAS, The City Council, Uy resolution 56-1462, adopted October 21, 1956,
approved the site plan for the proposed Uuilding and parkino ramp to be located at the
above described location; and
tT�'HEREAS, The City Council had placecl restrictions on the appr�val of the
variances and the site plan, includin� restrickions that ti�e northerly wall of the office
Uuilding and parking ramp be constructed of a solid Gv<ill; and
WHEREAS, The office building and parking ramp were acquired Uy Hoyt
Development Company, 13400 i5th Avenue Nortl�, Plymouth, Minnesota 55441, who has
requested the Council to modifi� the conditions so as to permit tl�e installation of
��indows on tbe nortv and west side of 8ie builciin�s; and
WHEREAS, The Council conducted a public hearing on April 19, 199�, to
consider this request for modification of the restrictions, and has decided to allo�a�
�vir,dows beginning at six (6) feet from the flaor of tl�e office i�uilding portion; now
therefore be it
RESOLVBD, That Resolution 2509�2, as amended, be further amended in the
followin� par?iculars:
(7) The developers shali cocperate witl� the abutting neighboring ��roperty
owners in tl�e design <<nd the construction of the ramp so as to minir.iize noise,
e:nissions of all sorts, to provide pri.�acy and preserve aesthetic inte;rities to the
aUuttin� neighboring property, and tl�e developer shall consistently use state of the
art tech�iology to accomplish t11e inte�tt of this resolution. The northerly w<tll of
_.
the �ffiee buildina iiaav:be c�m5f�iicted-or„ren�bdeled cn_as 2o pr�uale iuindo�asi
beb�niiii�a at six (�� feet-froni the flo�r �if office buTldin� anci tlie parking
ramp sl�all be constructed of a solid wall <md wl�ere reqiiirements for ii�htin�
purposes exist, translucent bricks may be used.
FURTHER RESOLV�D That Resolution 56-14(2, be ame��decl in the followina
particulars:
4. The northerlv w.ill of the commercial buil
ramp shall be constructed of a 5olid, opaqt�e
1
2
wail except where requiren�ents foz ligliting exists, translucent bricks shali be
specified.
� �` �f �
��°
Requested by Department of:
Adopted by Council: Date {—��,�,_� � ��<{c��
Adoption Certified by Council Secretary
sy:
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CITiZEN PARTTCIPATION PIANN123G I�TSTRICIS
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APPUCAtJT ��''T`D ��T
PURPOSE ��,��' ��'h'��N
a 95-oti9 �, .�.�l�'
FILE � - +� DATE
PLNG. DIST � 5 MAP � ��
SCALE 1' = 400' �
LEGEND
�� zoning districi boundary
%//////// . - . ..-
0 one tamity
� two farni�y
j,��-Q multipletamiiy
n! orlh�•
• a r+ commercial
� ..,. industrial
V vacant
9
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D� O�OC �
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R.a. _ �.�.�, �as� �� � �\�l
HIGHLAND AREA COMMUNITY COUNCIL
1978 Ford Parkway, St. Paui MN 5511
298-5238 faa� 298-5139
Building a Better Community Through Citizen Pazticipation
The following resolution was passed by the Community Council in March
of 1995. Conditions of the property have not changed since that time.
The Community Development Committee of the Highland Area Community
Council supports the installation of windows on the north side of the
building located at 2145 Ford Prky. The windows should be at least six
feet above the floor_ Placement of the windows at this height will give
tenants in the proposed offices adequate light and air while maintaining
privacy for the neighbors across the adjacent alley.
-March, 1995-
-November 7, 1996- Reaffirmed by the HACC
c�� -a1�t
(Zn. 1,��5 l4�
The undersigned represent homeowrners on Pinehurst Ave., directly north of
and sharing an alley w's#h the �ord Parkway Mall. Pinehurst resider�ts
or'sginally made many cvncessions to aliow the proper#y #o be developed. tn
retrun, it was agreed that there urould never be windows on the buifding's
north side. Nothing has changed since that time. The addition of windows
would have a compfetely negative effect on our privacy, our property values,
and the character of our neighborhood. We ask that the St. Paul City
Council reaffirm their previous decision and deny the request for the variance
which wouid aflow these windows.
�!�L1►� t��r .L.z._ :�
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�o.
11.
.�i i'� 9 �^'. ; Y �
Presented By
Council File # � a4'�
Green Sheet # ..7 �v� `
RESOLUTION
CITY,O�SAINT PAUL, MINNESOTA
v� �� .
30
Referred To Committee: Date
1
2
3
4
5 WHEREAS, on October 17, 1996, 2145 Limited Liability Partnership made application .
6 to install transpazent windows below the present six (6) foot level restriction in the North and
7 West three [3] story wa11s of its building located on lots 19 - 30, Block 8, St. Catherine Pazk
8 Addition to the City of Saint Paul; and
9
10 WHEREAS, the Council of the City of Saint Paul, in Council Resolution 28093
11 adopted September 29, 1983, had previously ordered, as a condition of approving a height
12 variance for the subject building, that the building's northerly wall be constructed without
13 transpazent windows. However, the Council allowed for translucent brick conshuction where
14 requirements for lighting e�sted; and
15
16 VJHEREAS, the Council of the City of Saint Paul, in Council Resolution 86-1462
17 adopted October 21, 1986, had previously nnposed, as a condition of approving the required
18 site ptan for the subject building, certain conditions similaz to fhose set forth in Council File
19 28093 including a condifion proscribing the installation of transpazent windows in the north
20 wa11s of the subject property but allowing for translucent bricks where requirements for
21 lighting existed; and
22
23 WHEREAS, the subject building was thereafter consh�ucted in compliance with the
24 aforementioned restrictions as a condifion of receiving the building height variance and as a
25 condition of receiving site plan approval and that the subject building was subsequently
26 acquired by a new developez, Hoyt Development Company, located at 13400 15th Avenue
27 North, Plymouth, Minnesota 55441; and
28 WI�EREAS, on or about Mazch 24, 1995, Hoyt Development Company, in Zoning
29 File No. 95-049, made application to the Saint Paul City Council to modify the restrictive
3Q window condifions previously imposed in the above stated resolutions so as to permit the
31 installation of windows on the North and West sides of the building; and
32
33 WHEREAS, on April 19, 1995, the City Council conducted a public hearing on
34 Zoning File No. 95-049 to consider Hoyt Development Company's request for modification of
35 the window restrictions and at the conclusion of the public hearing, in Council Resolution No.
36 95-419 adopted April 26, 1995, determined to modify the window restrictions described above
37 by allowing transparent windows begimiing at six (6) feet from the floor of the office
38 building portion; and
39
40 WHEREAS, the Council, in order to facilitate the deterinination to modify the said
41 window restrictions, resolved to amend Council Resolution 280932 [the height variance
42 condition] adopted September 29, 1983, in the following particulars as indicated by the
43 underlined language:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Paragraph 7. The developers shall cooperate with the abutting
neighboring property owners in the design and the construction
of the ramp so as to m;n;mi�e noise, emissions of all sorts, to
provide privacy and preserve aesthetic integrities to the abutting
neighboring property, and the developer shall consistenfly use
state of the art technology to accomplish the intent of ttris
resolution. The northerly wall of the office building maX be
constructed or remodeled so as to provide windows beeinning at
siY 6) feet from the floor of the office building and the parking
ramp shall be constructed of a solid wall and where requirements
for lighting purQoses exist, translucent bricks may be used; and
a� -at�
WHEREAS, the Council in order to facilitate the determination to modify the said
window restrictions, resolved to amend Council File Resolution 86-1462 [the site plan
approval condition] adopted October 21, 1986, in the following particulazs as indicated by the
underlined language:
Paragraph 4, The northerly wall of the commercial building mav
be constructed ar remodeled so as to provide windows beeinning
at six t6) feet from the floor of the commercial building and the
parking ramp shall be consiructed of a solid, opaque wa11 except
where requirements for lighting exists, translucent bricks shall be
specified; and
WE-IEREAS, on October 17, 1946, 2145 Limited Liability Partriership, 13400 15th
Avenue North, Plymouth, MN 55441, in Zoning File No. 96-264, again made application to
modify or remove the window restrictions previously noted at the outset of this resolufion;
and
WHEREAS, on November 13, 1996, the Council of the City of Saint Paul, acting
upon notice to affected parties, duly conducted a public hearing where all interested parties
were given an opportunity to be heard in order to consider 2145 Limited Liability
Partnership's proposal to remove or modify the present window conditions imposed by the
City Council by installing transparent window openings on the North and West elevations of
the subject building below the six (6) foot level as measured from the floor of the subject
building; and
WHEREAS, the Council, hauing heard the statements made and hauing considered the
application, the report of staff, the record, and all the testimony on the matter does hereby;
RESOLVE, that the Council of the City of Saint Paul denys the application of 2145
Limited Liability Partnership based upon the following finding of the Council:
Based upon all the testimony and having considered the application and the
report of staff, the Council finds that the window restrictions previously
imposed, and as modified, are prudent and were designed to maintain the
liveability of the adjacent residential properties abutting the subject building.
AND BE IT FURTHER RESOLVED that the application of 2145 L'united Liability
Paztnerslup is in a11 things denied; AND BE IT
1 FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to
2 2145 L'united Liability Partnerslup, the Zoning Administrator, the Board of Zoning Appeals
3 and the Saint Paul Planniug Commission. n�-a,��
..�
xequested by Department of:
By:
Adopted by Council: Date l\ � Form Approved by City Attorney
Adopti n Certified by Council Secretary gZ ��'��� �-f�_�"�
BY= a Approved by Mayor for Submission to
Approved by May . Date � I� f 7" Council
By:
[ =. /l �7�' By �
a Q ' /' � t -a
DEPARSMENiIpFFlCEICOUI�ICIL DATE INITIATED �() U� J
c�t coun��i GREEN SHEE
GON�ACf PERSON & PHONE INITIAVDATE INRIAVDATF
� DEPARTMENi DIftECTOR � LI7V COUNCIL
Mike Harris, 266-8630 ASSiGN � CITI'ATfORNEY O CITYCLERK
NUNBERFOR
MUST BE ON CqUNCILAGENOA BY(DAT� ROUTING � BUDGET DIRECTOR � FlN. & MGT. SERVICES Dlq.
OROEH � MpyOR (OR ASSISTANT) �
TOTAL # OF SIGNATURE PAGES (CLIP ALL L9CATIONS FOR SIGNATURE)
AC710N RE�UESTED:
Finalizing the decision of the City Council to deny the application of 2145 Limited
Liability Partnexship to modify or delete restrictions previously imposed by the City Council
on the building located at 2145 Ford Parkway . Restrictions were imposed in 1983 (Resolution
28093 1986 86-1462 and modified in 1995 95-049 . Decision to den taken on Nov. 13, 19 6
RECOMMENOA710NS: Approve (A) or Reject (R) pERSONAL SERYICE CONTHACTS MUST ANSW ER THE FOLLOW fNG QUESTIONS:
_ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoNfirm ev0r worketl Untler a contract for [his departmeM?
_ CIB COMMITfEE _ YES NO
2. Has this person�rm ever been a ciry employee?
_ 5iAFF — YES NO
_ DIS7RICi COURT _ 3. Does this personttirm possess a skill not normalry possessed by any curcent city employee?
SUPPOR(S WHICH COUNGL09.IECTIVE? YES NO
Explain al1 yea answers on Seperate sheet entl attach to green sheet
1NITIATiNG PROBLEM. fSSUE, OPPORTUNITY pNho, Whst, When. Whera, Why)'
ADYANiAGESIFAPPROVED:
DISADVANTAGES 7F APPROVEO:
Council Research Genfer
F�� � '' T997
DISAOVANTAGES IF NOT APPAOVED:
TO7AL AMOUNT OF iRANSACiION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
PUNDIWG SOURCE ACTIVttY NUMBER
FINANpAI INFORl�FATION: (EXPLAIN)
OFFICE OF TI� CITY ATTORNEY
Peg Bvlt Ciry Attorney �� • ��^
.`
CITY OF SAINT PAUL
Norm Co7emm�, �Ylayor
Civil Division
900 City HaA
I S West XeRogg Btvd
Saint Paul, M"mxeso�a 55702
Te@phone: 672 266-8770
FacsimiTe: 612 2985619
February 19, 1997
Nancy Anderson
City Council Research
Room 310
City Hall/Court House
Saint Paul, MN 55102
RE: Resolution finalizing the decisioa of the Couacil to deny the
request of 2145 Ltd. Liability Partnership to awdifg or delete
restrictions previously imposed in Couneil Resolutions 28093
[1983] aad 86-1462 [1986] as modified by 95-049 [1995].
Dear Nancy:
Enclosed please find a signed as to form original of a resolution
which finalizes the decision of the City Council to deny the
application of 2145 Limited Liability Partnership to modify or
delete certain conditions that had been imposed by the City Council
on the building located at 2145 Ford Parkway in 1983 and 1986 and
which the Council had recently modified in 1995.
If you have any questions please contact me.
Very truly yours,
-�����
Peter W. Warner
Assistant City Attorney
enc1:
cc: Tom Beach - LIEP
a"i - �. ��1
CTTY OF SAINT PALTi.
Norm Coleman, Mayor
October 21,1996
Ms. Nancy Anderson
Ciry CouncIl Research Office
Room 310 City Hall
Saint Paul, MN 55102
Dear Ms. Anderson:
OFFICE OF LICENSE, INSPECfIONS AND
hN V IlLONMENTAL PROTECTION
Rober[Kessler, Director
BUILDING INSPECTIONAND
DESIGN
3SOStPeterSaeer
Suiie 310
SaintPau�Minnesota 55102-ISIO
�
Telsphona: 612-26f 900f
Facsimi7e: 61 �-26(r9099
�itbl .°P?j '���^rr....as_ _:�r..-..,
:�:. : .. . ., , �.�' :-�:��
e'�: u i � ' ����
I wouid like to confimi that a public hearing before the City Council is scheduled for Wednesday, November
13, 1996 for the following zoning case:
Applicant: 2145 Limited Liability Parinership
File Number: 96-264
Purpose: The applicant is asking the City Council to rescind a condition they placed on a
variance previousty gramed for the properiy. The condition states that the bottom of
certain windows on the north side of the building cannot be lower than 6 feet above
the floor.
Location: 2145 Ford Parkway
I have confinued this date with the office of Councilmember Harris. Mv understandin� is that this public
hearin� reauest will a�peaz on the agenda of ttie City Council at your earliest convenience and that you will
publish norice of the hearing in the Saint Paul Le�al I,edger
Please call me at 266-9086 if you have any questions.
Sincerely,
��T��
Tom Beach
Zoning Section
--�-- - - • � � - -----
- -- , _ _ --_ _POTIOE OF-PUBEIC HEARIIPG - - - �
�'` The Saint Paul bity Council will conduct a public h�aring on �Flednesday,
November SS,. �1996 at-4:3�b p in� the Cify Council �hambers; Third Flaor,
City Hall: to consider the appIication of 2145 Limited Liability Partnership aslQng
that the City Couneil rescind a condition placed on a variance previously granted
�foa the property aY 2145 Ford P6rkway. The condition stated �that ffie botfom
certain.wjn3ows oa [he north`side of [he building caz�ot belower tL�aa6 feeta'bove
Ehe floor' ` - ' - . . . . . _ . . .
Dated: Octobei2l, 1998 _ . _ � -
NANCY ANDERSON � � � - � ' � -
1 Assistant City Councit Secretary � � � ' ' ' ; � ��
., . . - ._ , _ _ - (October 23, 1996} ' � �. F�
q �.�.�K �� � �.�
,�t � "
' � lt`l'��q6 E✓,�krm,
.. LL 35a•
ZONING BOARD
APPLIEATION FQFi ZONWG ORDINANCE VARIANCE t
'� C�TY OE SAINT PAUI � U� U'�� �
A VARIANCE OF ZONING COOE CHAPTER�,SECTiON�PARAGRAPH
1S FEQUESTED IN CONFOFiM�TY WtTH THE POWERS VESTED IN THE BOARD OF ZONING AP—
PEALS TO PERM�T THE ,
-++ f in(IOW3 below NPRO ERTY
DESCftISEO BEIOW.
q. Applicant: NAME: ZI�iS Limited Liabilitv Partnership
ADORESS 134d0 15th Ave N Plymouth MN 5544
DAYTIME TELEPHONE NO.
612-551-4944 ziPCOOe 1-4943
t. Property interest of applicanY (owner, co�tract pu2haser, etc.)
owxEg
2. Name ot owner (if different)
B. P�operty Description: ADDRESS 2145 Ford Parkway, St. Paul, MN
1. LegaldescriPtion: �OT 7�_ 2A BLOCK R ADD.$.�.�.�'3.C�1�
/} erine Park
2. , Lot size: ✓ n �'� ` —
. 3. Present U5e V 1 1 / C� Present Zoning Dist. ���
C. � Reasons tor Request: , 6
i. ProPoseduse Y[> �� ��`' r . G�l�'�C��
� �C��`LCP>� � � - .
Office �
,.,.C� G 1'\� �T� Gt1
2. What phyaca� characteristics of the properry prevent its being used for any of the permitted nses
� m your zone? Stopography, soit conditions, size and shape of �ot, etc.)
�
Lack of Flindow: �� �,� S �� �� �.on window
' height of 6;'fei
3. State the speatic variation requ �d� i��ac� �L rt d west
Installation o
elevations, al Z d��x, urrent
6 foot require
4. Explain how Vour case conforn
a. That the strict app�ication [ oultl resWt �n pe<uliar
' or exceptional praccica� difficulties, or exceptionai unoue narasmps.
Existing restricCion is a modification of a
prior approval of site p�an and variances.
Current ordinance wo � t ��
Lac f indows has ne�a � � E s@n���
kO q �. �-, i.�n �t'. R�k', �; g •
"b. That the granpng of a vanance w� F: ; f `�c� •! �1�'_ = -!- =f � --r "+ ��
not be a snbstantial deCrimen2 ro .i(Ze(j �.-•�?F� ; q,^-.[ � e 1�*:�.. e}�+
pubiic 9ood or a su6stantiai impa��- _;.;r y,� 3-,:;��, tt(j
ment of the intent and purposeof
ihe Zoning Ordine e.
This is a stan�ard
request far an office .-
building. �^
��,_a��
�
NOTE: THIS WILL NOT BE PROCESSED ITHOUT A COMPLE7E S�TE PLAN! �
�(�
Si9nature !,'/ � � ;
.
V Y""
' - +_s-.A.r_.._. _: n��n.Pn..e6.ed.- " I
CITY OF SAIIV7' PAUL
Norm Colemars, Mayor
November 6,1996
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Hall
Saint Paui, Minnesota 55102
OFFICE OF LSCE�SE, !N5Y�CfiOKS AND
ENVIRONMENTALPROTECTION _�
RobenK¢rsler.Director " ��
LAWRP PROF�SIONAL Teiephorse: 612-266-909Q
BUILDA'G Facsimile: 61 L2669099
Suite 300 611-2b69124
350 SC Peter S[ree[
SorntPau{Minnesota SSIO2-I510
RE: File name: 2145 Limited Liability Partnership (Brad Hoyt)
Location: 2145 Ford Parkway
City Council hearing date: November 13,1996
PURPOSE: To consider a request by the property owner to remove restrictions on windows on the north
side of a building. The restcictions were previously required by the Ciry Council as condition of a variance
and site plan approval.
STAFF RECOMMENDATION:
SUPPORT None
OPPOSITION None
Deaz Ms. Anderson:
Deny the request and uphold the current restrictions.
The applicant wants to instali windows on the north side of the office building Iocated at 2145 Ford Parkway.
The City Council previously placed a condition on a variance and site plan for the building that restricts the
size and location of windows on the north side of the building. The applicant is asking the City Council to
rescind this condition.
Ttus matter is scheduled to be heard by the Ciry Counci] on November 13. Please notify me if any member of
the City Council wishes to have slides of the site presented at the public hearing.
Sincerely,
►
Tom Beach
Attachmenks
cc: Ciry Councilmembers
�-�- z��
CITY COUNCIL STAFF REPORT
1. APPLICANT: BRAD HOYT FOR 2145 LTD LIABII.ITY PARTNERSHIP FILE 96-264
Z. CT.ASSTFICATION: Request to modify a condition on a variance HEARING DATE: 11/13/96
3. LOCATION: 2145 FORD PKWY
4. LEGAL DESCRIP'I'ION: LOTS 1930, BLOCK 8, ST. CATE�RINE PARK
5. PLANIVING DISTRICT: 15
6. PRESENT ZONIIVG: B-2 ZONING CODE REFERENCE: 64.Z07
7. STAFF INVESTIGATION AND REPORT: DATE: 11/5/96 BY: Tom Beach
S. DATE TtECEIVED: 10/17/96
A. Pi7RPOSE: The applicant wants to install windows on the north side of the office building located at
2145 Ford Pazkway. The City Councii previously ptaced a condition on a variance and site plan for the
building fhat restricts the size and location of windows on the north side of the buiIding. The appticant
is asIdng the City Council to rescind this condition.
B. SITE AlYI) AREA CONDITIONS: The site covers 60,400 square feet. The building and attached
pazldng ramp occupy the entire site. The pazking ramp occupies the east ihird of the site. T'he middte
portion of the site is occupied by a three-stary buiiding with a basement and this is where the owner
wants to add the windows. A one-story building with a basement occupies the westem third of the site.
Surrounding Land Use:
North: Single-family residential across the ailey (R-4}
East: Commercial across the street (B-2)
South: Commercial across the street (B-2)
West: Commercial (B-2)
C. BACKGROiJND: in 1983 the Boazd of Zoning Appeals approved a height variance for tfiis
building. This decision was appealed to the City Council who upheld the vaziance with a number of
conditions. One of Yhese amdidons was that in order to "provide privacy and preserve the aesthetic
iutegrities to neighboring property ... the northedy wall of the off`ice/retail building and parking ramp
shatl be constructed of a solid waii and where requirements for lighting purposes exist, translucent
block may be used."
In 1986 ihe Boazd of Zoning Appeals approved a malifica6on to the 1983 variance to pemut a
different configuration of the building. The height variance allowed a maxintum building height of 35'.
The City Cauncil upheid the variance on appeal and appzoved the site plan subject to a number of
conditions, including that "aIi conditions previously set forfh in [the 1983 City Councii decisionJ shall
continue to apply."
The building was constructed in the late 1980's. The only windows on the north side of the buitding
were a row of translucent glass blcek windows on the tivrd story which were permitted under the
conditions approved by the City Council.
The building was not occupied atier it was fuushed and in 1989 the mortgage was declazed in default.
In 1993 Aoyt Development submitted a bid for the building. In April 1994 the Ciry Council approved a
change in the condition of the 1986 variance and site plan so that the Hoyt Development could charge a
fee for parking in the raznp. All the ottier conditions remained in effect. In December 1994 Hoyt �� �a `�
Development closed on the property.
In Mazch 1995 Hoyt Development requested the City Council to rescind the conditions limiting
windows on the norch side of the building to translucent glass blocks. The Council did not rescind the
condition but modified it to pemut windows beginning 6 feet above floor level in addition to the
ffanslucent glass blocks that were already permitted.
Over the life of this project, the City Council has attached a number of other conditions to various
approvals. Some of these conditions appazenfly have been complied with, such as plowing the al]ey and
paurting the buiiding ,while others have not, such as planting boulevard trees along Finn and vines
along the alley.
D. FINDINGS:
The three-story portion of the building in the middle of the site where the owner wants to add
windows is currently emply.
In a letter that was sent as part of the zoning application, the property owner states that the lack of
windows on the north side of the builcling is the main reason the three story portion of the
building is empiy and that the lack of windows has contributed to a problem with vandalism. (See
attached letter dated October 30.)
2. The westem portion of the building is one story high with a basement. It has no windows on the
north side. It is currenfly occupied. The tenants include Lifetime Fitness and a medical clinic.
3. The restrictions on windows on the north side of the building were originally intended to "provide
privacy and preserve the aesthetic integrities of adjacent propercy." The physical chazacteristics
of the building and the ad}acent properties across the alley to the north have not changed since the
restrictions were originally required. The restrictions still serve to protect the privacy of the
adjacent back yazds.
4. The restrictions on the windows on the north side of the building were in effect when the current
property owner bought the property in 1994.
5. In 1995 the City Council denied a surulaz request by the properry owner to rescind the original
restrictions on windows on the north side of the building. However, the Council ageed to loosen
the restriction to pemut windows beginning 6 feet above floor level in addition to the transiucent
glass blocks that were already pemutted.
E. DISTRICT COIJNCIL RECOMMENDATION: The Highland Area Communiry Council
opposed a similaz request for windows in April 1995. They will meet on November 7 to discuss the
currentreques�
F. STAFF RECOMI�IENDATION: Based on fmdings 3-5, staff recommends that the Ciry Council
deny the property owner's request and uphold the current restrictions on windows on the north side of
the 6uilding.
ATTACHMENT5
- Applicarion and letter from property owner
- 1995 City Council resolution on previous request for windows
- Elevation of north side of building and site plan showing location of proposed windows
- Location Maps
,; �. �; <<- -
`, t ��= _�� � r z,
�,_
�._1 � n ��3�� ��°� E����s,
, LL 35�.
ZONING BOARD
APPLieAT10N FOR ZOtVING ORDINANCE VARIANCE
CITV OF SAINT PAUL � l3 4 O�: t �
(/n/ I '` 7
A VARIANCE Of ZON�NG CODE CMAP7ERS�L�. SECTION�P�+RAGRAPH
!S REQUESTEO �N CONFORMIT�' �"1�TH THE POWERS VESTED �N THE BOARD OF ZONING AP-
6 feet
PEALS70PERMITTHE '-� "�t"t"�° �f y7�-n�IOWS }IESOHONPROPERTY
�7? - � 17
OESCRIBEO BELOW. �
A. APP���ant; NAME: 2145 T imited L4abilitv Partnership
aoorcess 13400 15th Ave. N. , P7 ymouth 14N 5544 j
612-551-4944 z l PCOOel - 4943 ;
DAYTIME TELEPHONE NO. j
i. Property interes[ ot app�icanr. lowner, contract pur<Aaser, etc.) I
Q�'�N�� �I
2. Name of owner lif differentl
8. PropertyDescription: ADDRESS 2145 Ford Parkway, St. Paul, MN ��
1, Legaides<ription: LOT] BLOCK R ADD. 'S..{ ('ath—
i
erine Park
�. �ot =,=e. On -� le.- i
3. Present Use C/\ V!�e' Present ZoN�9 Dist. ��"�'
C. � Reasonsfor Requezv . � / �
1. ProPoseduse��.��uP>�. -�-�} VC��Yie�t� (}.�'�-���. c��ri<�) '
Office <--J `
.�' c. ; �t � 7� c ; �
Z. Whac Physical c�aracteristics of the property prevent its being usetl for any ot the permitted uzes
in your zone? (topo9raphy, soii cond�tions, size and shape of �ot, etc.)
Lack of Llindoius and required location window
' height of 6�feet above floor level.
3. S[ate the specrfic var'�ation requested, 9��ing dis[ances where appmpriate.
Installation of windows on norCh and west
elevations, all floors, 6eloc+ the current
6 foot requirement.
4. Explain how your case conforms to each of the following:
a. That the strict application of the provisions of the Zoning Ord�ance woWd resul[ +n peculiar
' or excep[ional practical difficuitiez, or exceptionai undue hardships.
Existing restriction is a modification of a
prior approval of site p�an and variances.
Current ordinance wo ti winclows
Lac p f w indows has ne at
�6, 7hat the granting of a vanance w�tl' i:. � - +� +' � •• "-' =�'` � �� -
not be a substantial detriment m 'd1E;' .,, ,r s� � i ��t�
pubiic good or a substantial impairv -, �,:; ; ��;{;
ment of the intent and purposeof
the 2oning Ordinan e.
This is a stan�ard
request far an o£fice
building. °
NOTE: TNIS WILL NOT BE
A COMPIETE SITE PLAN! .
� �(��
Si9nature
Date Received
I
�
I
�
October 30,1996
Mr. Tom Beach
LIEP
350 St. Peter Street, Suite 300
St. Pau1,MN 55102
'�
Dear Mr. Beach:
Hoyt Development
C O M P A N Y
13400 15th AVENUE NORTH, SUITE F
PLYMOUTH, MINNESOTA 55441
Pho�e 612-551-4944 Fax 612-557-4943
i-800-551-NOYT
SENT VIA FACSIMILE
266-9099 & U. S. MAIL
2145 Ford Parkway
�� '�"��
Thank you for taking the time to speak with me regarding our request for approva] of the
installation ofwindows on the above captioned property. As you know, this item was considered
over one year ago by the City Council. The Councii, after hearing misinformation from several of
the neighbors regazding the projects history and the surrounding uses acted on a motion by
Councilmember Harris to reject my request and approve windows at a height on which a person
needed to stand on a stepladder to view outward. I was not given a chance to address the councii
as they had closed the public hearing. Today, I remain 100% vacant in the office building portion
of the property due to the lack of window area as a direct resuit of the Council's actions. The
Councii acted on the assertion by Mrs. Barb Spangenberg that no office buildings in St. Paul, let
alone Highland Park, have windows overiooking a residential neighborhood. This, of course, is
absolutely false. 7ust one block away the Haskell's office building has windows overlooking
identica] residences.
I am not aware of any ]and planning considerations that dictate the elimination of windows on
of�'ice buildings due to their negative impact. On the contrary, nobody rents office space that has
no windows. It is a fact that windows on the north and west walls of the building woutd add,
rather than detract to the aesthetic appeal of the building. Currently, the north wall of the building
is a plain block wall (excepting the daily occurrence of graffiti). Because there are no windows in
the north wail of the building, vandals, vagrants and otiier undesirables know that they can
conduct their activities without beina seen. I believe this is partly to biame for the fact that I have
suffered in the past ei�hteen months nearly three quarters of a million doSlars in property damage
MINNEAPOLIS • TAMPA
DEVELOPMENT • CONSTRUCTION • MANAGEMENT • INVESTMENT
��—ac�
Mc Beach
Page 2
October 30,1996
that continues unabated. It is my experience that there is no police enforcement of presence
anywhere in the Highland Park area I have had to erect barbed and razor wire barriers to prevent
people from scaling these blank walis and dama�ing th� roof.
The entire City of St. Paul suffers as a result of the inappropriate consideration of one selfish
neighbor. Property taxes gencrated by this buiiding were in excess of $400,000 per year.
!' ihe�� are �, St)��Qn. T 81?t A��?Ca1.I1� t}' ��31t:�tinn nf t}:!> t'.L':��in� tD . ltlwar l�2)i3E baS�3
on the fact that the property currently loses neazly $1,000,000 annually as a result of the vacancy
created by the dearth of windows. The irrationat, inappropriate and irretevant issues created by
Mr. Spangenberg and others have only served to cause great economic and social loss to the ]oca]
and greater community. the economic impact of jobs that would occupy this apace is worth
hundreds of thousands of dollars annuatty ta local merchants.
An additional imperative is the imminent c[osing of the Ford Bridge. If this property is not teased
prior to iPs closing our leasing prospects will be gravely diminished.
It is unwise to cause the continuation of economic (oss due to a previously defective land planning
appcoval. This project has the potentiat to be a great asset to the community - or a damaging
nuisance. HoyY Development has invest millions of dollars and incalculable effort to enhance the
community in the hope of a return on it's investment. We have honored all our commitments
made to the City and neighbors. This consideration has not been returned.
Very truly yours,
_ __.�..�.—�
.7�•�!�� .���
: .� • •
- �•
BAH:kc
HPBEACH.SAM
Development
Z L , l� T�1'� I��U t_t..'U..S� Ccur.cil Filz $'
_�
Green Sheet #
RESOLUTION
_ CITY O� SAINT PAUL, MINNESOTA
Presented
Referred To
1
2
�
�
4
5
6
7
s
9
10
11
12
13
1!+
ij
16
77
JS
19
zo
21
22
?;
24
?j
?�
?�
2S
?9
;(}
31
32
„
34
3�
�6
37
3S
39
40
47
42
4�
Committee: Date
�` -� �`l
�� j
a�at!
/�
WHEREAS, The City Council, by resolution 2s0932, adopted SeptemUer 29, 1983,
as amended by reso3ution SS-32G, adopted March 19, 1985, a�proved variances for the
construction of a building and a parking ramp located on lots 19 through 30, Block 8, St.
Catherine Park Addition to the City of Saint Paul; and
WHEREAS, The City Council, Uy resolution 56-1462, adopted October 21, 1956,
approved the site plan for the proposed Uuilding and parkino ramp to be located at the
above described location; and
tT�'HEREAS, The City Council had placecl restrictions on the appr�val of the
variances and the site plan, includin� restrickions that ti�e northerly wall of the office
Uuilding and parking ramp be constructed of a solid Gv<ill; and
WHEREAS, The office building and parking ramp were acquired Uy Hoyt
Development Company, 13400 i5th Avenue Nortl�, Plymouth, Minnesota 55441, who has
requested the Council to modifi� the conditions so as to permit tl�e installation of
��indows on tbe nortv and west side of 8ie builciin�s; and
WHEREAS, The Council conducted a public hearing on April 19, 199�, to
consider this request for modification of the restrictions, and has decided to allo�a�
�vir,dows beginning at six (6) feet from the flaor of tl�e office i�uilding portion; now
therefore be it
RESOLVBD, That Resolution 2509�2, as amended, be further amended in the
followin� par?iculars:
(7) The developers shali cocperate witl� the abutting neighboring ��roperty
owners in tl�e design <<nd the construction of the ramp so as to minir.iize noise,
e:nissions of all sorts, to provide pri.�acy and preserve aesthetic inte;rities to the
aUuttin� neighboring property, and tl�e developer shall consistently use state of the
art tech�iology to accomplish t11e inte�tt of this resolution. The northerly w<tll of
_.
the �ffiee buildina iiaav:be c�m5f�iicted-or„ren�bdeled cn_as 2o pr�uale iuindo�asi
beb�niiii�a at six (�� feet-froni the flo�r �if office buTldin� anci tlie parking
ramp sl�all be constructed of a solid wall <md wl�ere reqiiirements for ii�htin�
purposes exist, translucent bricks may be used.
FURTHER RESOLV�D That Resolution 56-14(2, be ame��decl in the followina
particulars:
4. The northerlv w.ill of the commercial buil
ramp shall be constructed of a 5olid, opaqt�e
1
2
wail except where requiren�ents foz ligliting exists, translucent bricks shali be
specified.
� �` �f �
��°
Requested by Department of:
Adopted by Council: Date {—��,�,_� � ��<{c��
Adoption Certified by Council Secretary
sy:
Appz
By:
By:
Form Ap oved by
By: �
App ov d by Ma�
Cou c'1
By:
At
for Submission to
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CITiZEN PARTTCIPATION PIANN123G I�TSTRICIS
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APPUCAtJT ��''T`D ��T
PURPOSE ��,��' ��'h'��N
a 95-oti9 �, .�.�l�'
FILE � - +� DATE
PLNG. DIST � 5 MAP � ��
SCALE 1' = 400' �
LEGEND
�� zoning districi boundary
%//////// . - . ..-
0 one tamity
� two farni�y
j,��-Q multipletamiiy
n! orlh�•
• a r+ commercial
� ..,. industrial
V vacant
9
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HIGHLAND AREA COMMUNITY COUNCIL
1978 Ford Parkway, St. Paui MN 5511
298-5238 faa� 298-5139
Building a Better Community Through Citizen Pazticipation
The following resolution was passed by the Community Council in March
of 1995. Conditions of the property have not changed since that time.
The Community Development Committee of the Highland Area Community
Council supports the installation of windows on the north side of the
building located at 2145 Ford Prky. The windows should be at least six
feet above the floor_ Placement of the windows at this height will give
tenants in the proposed offices adequate light and air while maintaining
privacy for the neighbors across the adjacent alley.
-March, 1995-
-November 7, 1996- Reaffirmed by the HACC
c�� -a1�t
(Zn. 1,��5 l4�
The undersigned represent homeowrners on Pinehurst Ave., directly north of
and sharing an alley w's#h the �ord Parkway Mall. Pinehurst resider�ts
or'sginally made many cvncessions to aliow the proper#y #o be developed. tn
retrun, it was agreed that there urould never be windows on the buifding's
north side. Nothing has changed since that time. The addition of windows
would have a compfetely negative effect on our privacy, our property values,
and the character of our neighborhood. We ask that the St. Paul City
Council reaffirm their previous decision and deny the request for the variance
which wouid aflow these windows.
�!�L1►� t��r .L.z._ :�
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Presented By
Council File # � a4'�
Green Sheet # ..7 �v� `
RESOLUTION
CITY,O�SAINT PAUL, MINNESOTA
v� �� .
30
Referred To Committee: Date
1
2
3
4
5 WHEREAS, on October 17, 1996, 2145 Limited Liability Partnership made application .
6 to install transpazent windows below the present six (6) foot level restriction in the North and
7 West three [3] story wa11s of its building located on lots 19 - 30, Block 8, St. Catherine Pazk
8 Addition to the City of Saint Paul; and
9
10 WHEREAS, the Council of the City of Saint Paul, in Council Resolution 28093
11 adopted September 29, 1983, had previously ordered, as a condition of approving a height
12 variance for the subject building, that the building's northerly wall be constructed without
13 transpazent windows. However, the Council allowed for translucent brick conshuction where
14 requirements for lighting e�sted; and
15
16 VJHEREAS, the Council of the City of Saint Paul, in Council Resolution 86-1462
17 adopted October 21, 1986, had previously nnposed, as a condition of approving the required
18 site ptan for the subject building, certain conditions similaz to fhose set forth in Council File
19 28093 including a condifion proscribing the installation of transpazent windows in the north
20 wa11s of the subject property but allowing for translucent bricks where requirements for
21 lighting existed; and
22
23 WHEREAS, the subject building was thereafter consh�ucted in compliance with the
24 aforementioned restrictions as a condifion of receiving the building height variance and as a
25 condition of receiving site plan approval and that the subject building was subsequently
26 acquired by a new developez, Hoyt Development Company, located at 13400 15th Avenue
27 North, Plymouth, Minnesota 55441; and
28 WI�EREAS, on or about Mazch 24, 1995, Hoyt Development Company, in Zoning
29 File No. 95-049, made application to the Saint Paul City Council to modify the restrictive
3Q window condifions previously imposed in the above stated resolutions so as to permit the
31 installation of windows on the North and West sides of the building; and
32
33 WHEREAS, on April 19, 1995, the City Council conducted a public hearing on
34 Zoning File No. 95-049 to consider Hoyt Development Company's request for modification of
35 the window restrictions and at the conclusion of the public hearing, in Council Resolution No.
36 95-419 adopted April 26, 1995, determined to modify the window restrictions described above
37 by allowing transparent windows begimiing at six (6) feet from the floor of the office
38 building portion; and
39
40 WHEREAS, the Council, in order to facilitate the deterinination to modify the said
41 window restrictions, resolved to amend Council Resolution 280932 [the height variance
42 condition] adopted September 29, 1983, in the following particulars as indicated by the
43 underlined language:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Paragraph 7. The developers shall cooperate with the abutting
neighboring property owners in the design and the construction
of the ramp so as to m;n;mi�e noise, emissions of all sorts, to
provide privacy and preserve aesthetic integrities to the abutting
neighboring property, and the developer shall consistenfly use
state of the art technology to accomplish the intent of ttris
resolution. The northerly wall of the office building maX be
constructed or remodeled so as to provide windows beeinning at
siY 6) feet from the floor of the office building and the parking
ramp shall be constructed of a solid wall and where requirements
for lighting purQoses exist, translucent bricks may be used; and
a� -at�
WHEREAS, the Council in order to facilitate the determination to modify the said
window restrictions, resolved to amend Council File Resolution 86-1462 [the site plan
approval condition] adopted October 21, 1986, in the following particulazs as indicated by the
underlined language:
Paragraph 4, The northerly wall of the commercial building mav
be constructed ar remodeled so as to provide windows beeinning
at six t6) feet from the floor of the commercial building and the
parking ramp shall be consiructed of a solid, opaque wa11 except
where requirements for lighting exists, translucent bricks shall be
specified; and
WE-IEREAS, on October 17, 1946, 2145 Limited Liability Partriership, 13400 15th
Avenue North, Plymouth, MN 55441, in Zoning File No. 96-264, again made application to
modify or remove the window restrictions previously noted at the outset of this resolufion;
and
WHEREAS, on November 13, 1996, the Council of the City of Saint Paul, acting
upon notice to affected parties, duly conducted a public hearing where all interested parties
were given an opportunity to be heard in order to consider 2145 Limited Liability
Partnership's proposal to remove or modify the present window conditions imposed by the
City Council by installing transparent window openings on the North and West elevations of
the subject building below the six (6) foot level as measured from the floor of the subject
building; and
WHEREAS, the Council, hauing heard the statements made and hauing considered the
application, the report of staff, the record, and all the testimony on the matter does hereby;
RESOLVE, that the Council of the City of Saint Paul denys the application of 2145
Limited Liability Partnership based upon the following finding of the Council:
Based upon all the testimony and having considered the application and the
report of staff, the Council finds that the window restrictions previously
imposed, and as modified, are prudent and were designed to maintain the
liveability of the adjacent residential properties abutting the subject building.
AND BE IT FURTHER RESOLVED that the application of 2145 L'united Liability
Paztnerslup is in a11 things denied; AND BE IT
1 FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to
2 2145 L'united Liability Partnerslup, the Zoning Administrator, the Board of Zoning Appeals
3 and the Saint Paul Planniug Commission. n�-a,��
..�
xequested by Department of:
By:
Adopted by Council: Date l\ � Form Approved by City Attorney
Adopti n Certified by Council Secretary gZ ��'��� �-f�_�"�
BY= a Approved by Mayor for Submission to
Approved by May . Date � I� f 7" Council
By:
[ =. /l �7�' By �
a Q ' /' � t -a
DEPARSMENiIpFFlCEICOUI�ICIL DATE INITIATED �() U� J
c�t coun��i GREEN SHEE
GON�ACf PERSON & PHONE INITIAVDATE INRIAVDATF
� DEPARTMENi DIftECTOR � LI7V COUNCIL
Mike Harris, 266-8630 ASSiGN � CITI'ATfORNEY O CITYCLERK
NUNBERFOR
MUST BE ON CqUNCILAGENOA BY(DAT� ROUTING � BUDGET DIRECTOR � FlN. & MGT. SERVICES Dlq.
OROEH � MpyOR (OR ASSISTANT) �
TOTAL # OF SIGNATURE PAGES (CLIP ALL L9CATIONS FOR SIGNATURE)
AC710N RE�UESTED:
Finalizing the decision of the City Council to deny the application of 2145 Limited
Liability Partnexship to modify or delete restrictions previously imposed by the City Council
on the building located at 2145 Ford Parkway . Restrictions were imposed in 1983 (Resolution
28093 1986 86-1462 and modified in 1995 95-049 . Decision to den taken on Nov. 13, 19 6
RECOMMENOA710NS: Approve (A) or Reject (R) pERSONAL SERYICE CONTHACTS MUST ANSW ER THE FOLLOW fNG QUESTIONS:
_ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoNfirm ev0r worketl Untler a contract for [his departmeM?
_ CIB COMMITfEE _ YES NO
2. Has this person�rm ever been a ciry employee?
_ 5iAFF — YES NO
_ DIS7RICi COURT _ 3. Does this personttirm possess a skill not normalry possessed by any curcent city employee?
SUPPOR(S WHICH COUNGL09.IECTIVE? YES NO
Explain al1 yea answers on Seperate sheet entl attach to green sheet
1NITIATiNG PROBLEM. fSSUE, OPPORTUNITY pNho, Whst, When. Whera, Why)'
ADYANiAGESIFAPPROVED:
DISADVANTAGES 7F APPROVEO:
Council Research Genfer
F�� � '' T997
DISAOVANTAGES IF NOT APPAOVED:
TO7AL AMOUNT OF iRANSACiION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
PUNDIWG SOURCE ACTIVttY NUMBER
FINANpAI INFORl�FATION: (EXPLAIN)
OFFICE OF TI� CITY ATTORNEY
Peg Bvlt Ciry Attorney �� • ��^
.`
CITY OF SAINT PAUL
Norm Co7emm�, �Ylayor
Civil Division
900 City HaA
I S West XeRogg Btvd
Saint Paul, M"mxeso�a 55702
Te@phone: 672 266-8770
FacsimiTe: 612 2985619
February 19, 1997
Nancy Anderson
City Council Research
Room 310
City Hall/Court House
Saint Paul, MN 55102
RE: Resolution finalizing the decisioa of the Couacil to deny the
request of 2145 Ltd. Liability Partnership to awdifg or delete
restrictions previously imposed in Couneil Resolutions 28093
[1983] aad 86-1462 [1986] as modified by 95-049 [1995].
Dear Nancy:
Enclosed please find a signed as to form original of a resolution
which finalizes the decision of the City Council to deny the
application of 2145 Limited Liability Partnership to modify or
delete certain conditions that had been imposed by the City Council
on the building located at 2145 Ford Parkway in 1983 and 1986 and
which the Council had recently modified in 1995.
If you have any questions please contact me.
Very truly yours,
-�����
Peter W. Warner
Assistant City Attorney
enc1:
cc: Tom Beach - LIEP
a"i - �. ��1
CTTY OF SAINT PALTi.
Norm Coleman, Mayor
October 21,1996
Ms. Nancy Anderson
Ciry CouncIl Research Office
Room 310 City Hall
Saint Paul, MN 55102
Dear Ms. Anderson:
OFFICE OF LICENSE, INSPECfIONS AND
hN V IlLONMENTAL PROTECTION
Rober[Kessler, Director
BUILDING INSPECTIONAND
DESIGN
3SOStPeterSaeer
Suiie 310
SaintPau�Minnesota 55102-ISIO
�
Telsphona: 612-26f 900f
Facsimi7e: 61 �-26(r9099
�itbl .°P?j '���^rr....as_ _:�r..-..,
:�:. : .. . ., , �.�' :-�:��
e'�: u i � ' ����
I wouid like to confimi that a public hearing before the City Council is scheduled for Wednesday, November
13, 1996 for the following zoning case:
Applicant: 2145 Limited Liability Parinership
File Number: 96-264
Purpose: The applicant is asking the City Council to rescind a condition they placed on a
variance previousty gramed for the properiy. The condition states that the bottom of
certain windows on the north side of the building cannot be lower than 6 feet above
the floor.
Location: 2145 Ford Parkway
I have confinued this date with the office of Councilmember Harris. Mv understandin� is that this public
hearin� reauest will a�peaz on the agenda of ttie City Council at your earliest convenience and that you will
publish norice of the hearing in the Saint Paul Le�al I,edger
Please call me at 266-9086 if you have any questions.
Sincerely,
��T��
Tom Beach
Zoning Section
--�-- - - • � � - -----
- -- , _ _ --_ _POTIOE OF-PUBEIC HEARIIPG - - - �
�'` The Saint Paul bity Council will conduct a public h�aring on �Flednesday,
November SS,. �1996 at-4:3�b p in� the Cify Council �hambers; Third Flaor,
City Hall: to consider the appIication of 2145 Limited Liability Partnership aslQng
that the City Couneil rescind a condition placed on a variance previously granted
�foa the property aY 2145 Ford P6rkway. The condition stated �that ffie botfom
certain.wjn3ows oa [he north`side of [he building caz�ot belower tL�aa6 feeta'bove
Ehe floor' ` - ' - . . . . . _ . . .
Dated: Octobei2l, 1998 _ . _ � -
NANCY ANDERSON � � � - � ' � -
1 Assistant City Councit Secretary � � � ' ' ' ; � ��
., . . - ._ , _ _ - (October 23, 1996} ' � �. F�
q �.�.�K �� � �.�
,�t � "
' � lt`l'��q6 E✓,�krm,
.. LL 35a•
ZONING BOARD
APPLIEATION FQFi ZONWG ORDINANCE VARIANCE t
'� C�TY OE SAINT PAUI � U� U'�� �
A VARIANCE OF ZONING COOE CHAPTER�,SECTiON�PARAGRAPH
1S FEQUESTED IN CONFOFiM�TY WtTH THE POWERS VESTED IN THE BOARD OF ZONING AP—
PEALS TO PERM�T THE ,
-++ f in(IOW3 below NPRO ERTY
DESCftISEO BEIOW.
q. Applicant: NAME: ZI�iS Limited Liabilitv Partnership
ADORESS 134d0 15th Ave N Plymouth MN 5544
DAYTIME TELEPHONE NO.
612-551-4944 ziPCOOe 1-4943
t. Property interest of applicanY (owner, co�tract pu2haser, etc.)
owxEg
2. Name ot owner (if different)
B. P�operty Description: ADDRESS 2145 Ford Parkway, St. Paul, MN
1. LegaldescriPtion: �OT 7�_ 2A BLOCK R ADD.$.�.�.�'3.C�1�
/} erine Park
2. , Lot size: ✓ n �'� ` —
. 3. Present U5e V 1 1 / C� Present Zoning Dist. ���
C. � Reasons tor Request: , 6
i. ProPoseduse Y[> �� ��`' r . G�l�'�C��
� �C��`LCP>� � � - .
Office �
,.,.C� G 1'\� �T� Gt1
2. What phyaca� characteristics of the properry prevent its being used for any of the permitted nses
� m your zone? Stopography, soit conditions, size and shape of �ot, etc.)
�
Lack of Flindow: �� �,� S �� �� �.on window
' height of 6;'fei
3. State the speatic variation requ �d� i��ac� �L rt d west
Installation o
elevations, al Z d��x, urrent
6 foot require
4. Explain how Vour case conforn
a. That the strict app�ication [ oultl resWt �n pe<uliar
' or exceptional praccica� difficulties, or exceptionai unoue narasmps.
Existing restricCion is a modification of a
prior approval of site p�an and variances.
Current ordinance wo � t ��
Lac f indows has ne�a � � E s@n���
kO q �. �-, i.�n �t'. R�k', �; g •
"b. That the granpng of a vanance w� F: ; f `�c� •! �1�'_ = -!- =f � --r "+ ��
not be a snbstantial deCrimen2 ro .i(Ze(j �.-•�?F� ; q,^-.[ � e 1�*:�.. e}�+
pubiic 9ood or a su6stantiai impa��- _;.;r y,� 3-,:;��, tt(j
ment of the intent and purposeof
ihe Zoning Ordine e.
This is a stan�ard
request far an office .-
building. �^
��,_a��
�
NOTE: THIS WILL NOT BE PROCESSED ITHOUT A COMPLE7E S�TE PLAN! �
�(�
Si9nature !,'/ � � ;
.
V Y""
' - +_s-.A.r_.._. _: n��n.Pn..e6.ed.- " I
CITY OF SAIIV7' PAUL
Norm Colemars, Mayor
November 6,1996
Ms. Nancy Anderson
Secretary to the City Council
Room 310 City Hall
Saint Paui, Minnesota 55102
OFFICE OF LSCE�SE, !N5Y�CfiOKS AND
ENVIRONMENTALPROTECTION _�
RobenK¢rsler.Director " ��
LAWRP PROF�SIONAL Teiephorse: 612-266-909Q
BUILDA'G Facsimile: 61 L2669099
Suite 300 611-2b69124
350 SC Peter S[ree[
SorntPau{Minnesota SSIO2-I510
RE: File name: 2145 Limited Liability Partnership (Brad Hoyt)
Location: 2145 Ford Parkway
City Council hearing date: November 13,1996
PURPOSE: To consider a request by the property owner to remove restrictions on windows on the north
side of a building. The restcictions were previously required by the Ciry Council as condition of a variance
and site plan approval.
STAFF RECOMMENDATION:
SUPPORT None
OPPOSITION None
Deaz Ms. Anderson:
Deny the request and uphold the current restrictions.
The applicant wants to instali windows on the north side of the office building Iocated at 2145 Ford Parkway.
The City Council previously placed a condition on a variance and site plan for the building that restricts the
size and location of windows on the north side of the building. The applicant is asking the City Council to
rescind this condition.
Ttus matter is scheduled to be heard by the Ciry Counci] on November 13. Please notify me if any member of
the City Council wishes to have slides of the site presented at the public hearing.
Sincerely,
►
Tom Beach
Attachmenks
cc: Ciry Councilmembers
�-�- z��
CITY COUNCIL STAFF REPORT
1. APPLICANT: BRAD HOYT FOR 2145 LTD LIABII.ITY PARTNERSHIP FILE 96-264
Z. CT.ASSTFICATION: Request to modify a condition on a variance HEARING DATE: 11/13/96
3. LOCATION: 2145 FORD PKWY
4. LEGAL DESCRIP'I'ION: LOTS 1930, BLOCK 8, ST. CATE�RINE PARK
5. PLANIVING DISTRICT: 15
6. PRESENT ZONIIVG: B-2 ZONING CODE REFERENCE: 64.Z07
7. STAFF INVESTIGATION AND REPORT: DATE: 11/5/96 BY: Tom Beach
S. DATE TtECEIVED: 10/17/96
A. Pi7RPOSE: The applicant wants to install windows on the north side of the office building located at
2145 Ford Pazkway. The City Councii previously ptaced a condition on a variance and site plan for the
building fhat restricts the size and location of windows on the north side of the buiIding. The appticant
is asIdng the City Council to rescind this condition.
B. SITE AlYI) AREA CONDITIONS: The site covers 60,400 square feet. The building and attached
pazldng ramp occupy the entire site. The pazking ramp occupies the east ihird of the site. T'he middte
portion of the site is occupied by a three-stary buiiding with a basement and this is where the owner
wants to add the windows. A one-story building with a basement occupies the westem third of the site.
Surrounding Land Use:
North: Single-family residential across the ailey (R-4}
East: Commercial across the street (B-2)
South: Commercial across the street (B-2)
West: Commercial (B-2)
C. BACKGROiJND: in 1983 the Boazd of Zoning Appeals approved a height variance for tfiis
building. This decision was appealed to the City Council who upheld the vaziance with a number of
conditions. One of Yhese amdidons was that in order to "provide privacy and preserve the aesthetic
iutegrities to neighboring property ... the northedy wall of the off`ice/retail building and parking ramp
shatl be constructed of a solid waii and where requirements for lighting purposes exist, translucent
block may be used."
In 1986 ihe Boazd of Zoning Appeals approved a malifica6on to the 1983 variance to pemut a
different configuration of the building. The height variance allowed a maxintum building height of 35'.
The City Cauncil upheid the variance on appeal and appzoved the site plan subject to a number of
conditions, including that "aIi conditions previously set forfh in [the 1983 City Councii decisionJ shall
continue to apply."
The building was constructed in the late 1980's. The only windows on the north side of the buitding
were a row of translucent glass blcek windows on the tivrd story which were permitted under the
conditions approved by the City Council.
The building was not occupied atier it was fuushed and in 1989 the mortgage was declazed in default.
In 1993 Aoyt Development submitted a bid for the building. In April 1994 the Ciry Council approved a
change in the condition of the 1986 variance and site plan so that the Hoyt Development could charge a
fee for parking in the raznp. All the ottier conditions remained in effect. In December 1994 Hoyt �� �a `�
Development closed on the property.
In Mazch 1995 Hoyt Development requested the City Council to rescind the conditions limiting
windows on the norch side of the building to translucent glass blocks. The Council did not rescind the
condition but modified it to pemut windows beginning 6 feet above floor level in addition to the
ffanslucent glass blocks that were already permitted.
Over the life of this project, the City Council has attached a number of other conditions to various
approvals. Some of these conditions appazenfly have been complied with, such as plowing the al]ey and
paurting the buiiding ,while others have not, such as planting boulevard trees along Finn and vines
along the alley.
D. FINDINGS:
The three-story portion of the building in the middle of the site where the owner wants to add
windows is currently emply.
In a letter that was sent as part of the zoning application, the property owner states that the lack of
windows on the north side of the builcling is the main reason the three story portion of the
building is empiy and that the lack of windows has contributed to a problem with vandalism. (See
attached letter dated October 30.)
2. The westem portion of the building is one story high with a basement. It has no windows on the
north side. It is currenfly occupied. The tenants include Lifetime Fitness and a medical clinic.
3. The restrictions on windows on the north side of the building were originally intended to "provide
privacy and preserve the aesthetic integrities of adjacent propercy." The physical chazacteristics
of the building and the ad}acent properties across the alley to the north have not changed since the
restrictions were originally required. The restrictions still serve to protect the privacy of the
adjacent back yazds.
4. The restrictions on the windows on the north side of the building were in effect when the current
property owner bought the property in 1994.
5. In 1995 the City Council denied a surulaz request by the properry owner to rescind the original
restrictions on windows on the north side of the building. However, the Council ageed to loosen
the restriction to pemut windows beginning 6 feet above floor level in addition to the transiucent
glass blocks that were already pemutted.
E. DISTRICT COIJNCIL RECOMMENDATION: The Highland Area Communiry Council
opposed a similaz request for windows in April 1995. They will meet on November 7 to discuss the
currentreques�
F. STAFF RECOMI�IENDATION: Based on fmdings 3-5, staff recommends that the Ciry Council
deny the property owner's request and uphold the current restrictions on windows on the north side of
the 6uilding.
ATTACHMENT5
- Applicarion and letter from property owner
- 1995 City Council resolution on previous request for windows
- Elevation of north side of building and site plan showing location of proposed windows
- Location Maps
,; �. �; <<- -
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, LL 35�.
ZONING BOARD
APPLieAT10N FOR ZOtVING ORDINANCE VARIANCE
CITV OF SAINT PAUL � l3 4 O�: t �
(/n/ I '` 7
A VARIANCE Of ZON�NG CODE CMAP7ERS�L�. SECTION�P�+RAGRAPH
!S REQUESTEO �N CONFORMIT�' �"1�TH THE POWERS VESTED �N THE BOARD OF ZONING AP-
6 feet
PEALS70PERMITTHE '-� "�t"t"�° �f y7�-n�IOWS }IESOHONPROPERTY
�7? - � 17
OESCRIBEO BELOW. �
A. APP���ant; NAME: 2145 T imited L4abilitv Partnership
aoorcess 13400 15th Ave. N. , P7 ymouth 14N 5544 j
612-551-4944 z l PCOOel - 4943 ;
DAYTIME TELEPHONE NO. j
i. Property interes[ ot app�icanr. lowner, contract pur<Aaser, etc.) I
Q�'�N�� �I
2. Name of owner lif differentl
8. PropertyDescription: ADDRESS 2145 Ford Parkway, St. Paul, MN ��
1, Legaides<ription: LOT] BLOCK R ADD. 'S..{ ('ath—
i
erine Park
�. �ot =,=e. On -� le.- i
3. Present Use C/\ V!�e' Present ZoN�9 Dist. ��"�'
C. � Reasonsfor Requezv . � / �
1. ProPoseduse��.��uP>�. -�-�} VC��Yie�t� (}.�'�-���. c��ri<�) '
Office <--J `
.�' c. ; �t � 7� c ; �
Z. Whac Physical c�aracteristics of the property prevent its being usetl for any ot the permitted uzes
in your zone? (topo9raphy, soii cond�tions, size and shape of �ot, etc.)
Lack of Llindoius and required location window
' height of 6�feet above floor level.
3. S[ate the specrfic var'�ation requested, 9��ing dis[ances where appmpriate.
Installation of windows on norCh and west
elevations, all floors, 6eloc+ the current
6 foot requirement.
4. Explain how your case conforms to each of the following:
a. That the strict application of the provisions of the Zoning Ord�ance woWd resul[ +n peculiar
' or excep[ional practical difficuitiez, or exceptionai undue hardships.
Existing restriction is a modification of a
prior approval of site p�an and variances.
Current ordinance wo ti winclows
Lac p f w indows has ne at
�6, 7hat the granting of a vanance w�tl' i:. � - +� +' � •• "-' =�'` � �� -
not be a substantial detriment m 'd1E;' .,, ,r s� � i ��t�
pubiic good or a substantial impairv -, �,:; ; ��;{;
ment of the intent and purposeof
the 2oning Ordinan e.
This is a stan�ard
request far an o£fice
building. °
NOTE: TNIS WILL NOT BE
A COMPIETE SITE PLAN! .
� �(��
Si9nature
Date Received
I
�
I
�
October 30,1996
Mr. Tom Beach
LIEP
350 St. Peter Street, Suite 300
St. Pau1,MN 55102
'�
Dear Mr. Beach:
Hoyt Development
C O M P A N Y
13400 15th AVENUE NORTH, SUITE F
PLYMOUTH, MINNESOTA 55441
Pho�e 612-551-4944 Fax 612-557-4943
i-800-551-NOYT
SENT VIA FACSIMILE
266-9099 & U. S. MAIL
2145 Ford Parkway
�� '�"��
Thank you for taking the time to speak with me regarding our request for approva] of the
installation ofwindows on the above captioned property. As you know, this item was considered
over one year ago by the City Council. The Councii, after hearing misinformation from several of
the neighbors regazding the projects history and the surrounding uses acted on a motion by
Councilmember Harris to reject my request and approve windows at a height on which a person
needed to stand on a stepladder to view outward. I was not given a chance to address the councii
as they had closed the public hearing. Today, I remain 100% vacant in the office building portion
of the property due to the lack of window area as a direct resuit of the Council's actions. The
Councii acted on the assertion by Mrs. Barb Spangenberg that no office buildings in St. Paul, let
alone Highland Park, have windows overiooking a residential neighborhood. This, of course, is
absolutely false. 7ust one block away the Haskell's office building has windows overlooking
identica] residences.
I am not aware of any ]and planning considerations that dictate the elimination of windows on
of�'ice buildings due to their negative impact. On the contrary, nobody rents office space that has
no windows. It is a fact that windows on the north and west walls of the building woutd add,
rather than detract to the aesthetic appeal of the building. Currently, the north wall of the building
is a plain block wall (excepting the daily occurrence of graffiti). Because there are no windows in
the north wail of the building, vandals, vagrants and otiier undesirables know that they can
conduct their activities without beina seen. I believe this is partly to biame for the fact that I have
suffered in the past ei�hteen months nearly three quarters of a million doSlars in property damage
MINNEAPOLIS • TAMPA
DEVELOPMENT • CONSTRUCTION • MANAGEMENT • INVESTMENT
��—ac�
Mc Beach
Page 2
October 30,1996
that continues unabated. It is my experience that there is no police enforcement of presence
anywhere in the Highland Park area I have had to erect barbed and razor wire barriers to prevent
people from scaling these blank walis and dama�ing th� roof.
The entire City of St. Paul suffers as a result of the inappropriate consideration of one selfish
neighbor. Property taxes gencrated by this buiiding were in excess of $400,000 per year.
!' ihe�� are �, St)��Qn. T 81?t A��?Ca1.I1� t}' ��31t:�tinn nf t}:!> t'.L':��in� tD . ltlwar l�2)i3E baS�3
on the fact that the property currently loses neazly $1,000,000 annually as a result of the vacancy
created by the dearth of windows. The irrationat, inappropriate and irretevant issues created by
Mr. Spangenberg and others have only served to cause great economic and social loss to the ]oca]
and greater community. the economic impact of jobs that would occupy this apace is worth
hundreds of thousands of dollars annuatty ta local merchants.
An additional imperative is the imminent c[osing of the Ford Bridge. If this property is not teased
prior to iPs closing our leasing prospects will be gravely diminished.
It is unwise to cause the continuation of economic (oss due to a previously defective land planning
appcoval. This project has the potentiat to be a great asset to the community - or a damaging
nuisance. HoyY Development has invest millions of dollars and incalculable effort to enhance the
community in the hope of a return on it's investment. We have honored all our commitments
made to the City and neighbors. This consideration has not been returned.
Very truly yours,
_ __.�..�.—�
.7�•�!�� .���
: .� • •
- �•
BAH:kc
HPBEACH.SAM
Development
Z L , l� T�1'� I��U t_t..'U..S� Ccur.cil Filz $'
_�
Green Sheet #
RESOLUTION
_ CITY O� SAINT PAUL, MINNESOTA
Presented
Referred To
1
2
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4
5
6
7
s
9
10
11
12
13
1!+
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16
77
JS
19
zo
21
22
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24
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37
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39
40
47
42
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Committee: Date
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a�at!
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WHEREAS, The City Council, by resolution 2s0932, adopted SeptemUer 29, 1983,
as amended by reso3ution SS-32G, adopted March 19, 1985, a�proved variances for the
construction of a building and a parking ramp located on lots 19 through 30, Block 8, St.
Catherine Park Addition to the City of Saint Paul; and
WHEREAS, The City Council, Uy resolution 56-1462, adopted October 21, 1956,
approved the site plan for the proposed Uuilding and parkino ramp to be located at the
above described location; and
tT�'HEREAS, The City Council had placecl restrictions on the appr�val of the
variances and the site plan, includin� restrickions that ti�e northerly wall of the office
Uuilding and parking ramp be constructed of a solid Gv<ill; and
WHEREAS, The office building and parking ramp were acquired Uy Hoyt
Development Company, 13400 i5th Avenue Nortl�, Plymouth, Minnesota 55441, who has
requested the Council to modifi� the conditions so as to permit tl�e installation of
��indows on tbe nortv and west side of 8ie builciin�s; and
WHEREAS, The Council conducted a public hearing on April 19, 199�, to
consider this request for modification of the restrictions, and has decided to allo�a�
�vir,dows beginning at six (6) feet from the flaor of tl�e office i�uilding portion; now
therefore be it
RESOLVBD, That Resolution 2509�2, as amended, be further amended in the
followin� par?iculars:
(7) The developers shali cocperate witl� the abutting neighboring ��roperty
owners in tl�e design <<nd the construction of the ramp so as to minir.iize noise,
e:nissions of all sorts, to provide pri.�acy and preserve aesthetic inte;rities to the
aUuttin� neighboring property, and tl�e developer shall consistently use state of the
art tech�iology to accomplish t11e inte�tt of this resolution. The northerly w<tll of
_.
the �ffiee buildina iiaav:be c�m5f�iicted-or„ren�bdeled cn_as 2o pr�uale iuindo�asi
beb�niiii�a at six (�� feet-froni the flo�r �if office buTldin� anci tlie parking
ramp sl�all be constructed of a solid wall <md wl�ere reqiiirements for ii�htin�
purposes exist, translucent bricks may be used.
FURTHER RESOLV�D That Resolution 56-14(2, be ame��decl in the followina
particulars:
4. The northerlv w.ill of the commercial buil
ramp shall be constructed of a 5olid, opaqt�e
1
2
wail except where requiren�ents foz ligliting exists, translucent bricks shali be
specified.
� �` �f �
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Requested by Department of:
Adopted by Council: Date {—��,�,_� � ��<{c��
Adoption Certified by Council Secretary
sy:
Appz
By:
By:
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By: �
App ov d by Ma�
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By:
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HIGHLAND AREA COMMUNITY COUNCIL
1978 Ford Parkway, St. Paui MN 5511
298-5238 faa� 298-5139
Building a Better Community Through Citizen Pazticipation
The following resolution was passed by the Community Council in March
of 1995. Conditions of the property have not changed since that time.
The Community Development Committee of the Highland Area Community
Council supports the installation of windows on the north side of the
building located at 2145 Ford Prky. The windows should be at least six
feet above the floor_ Placement of the windows at this height will give
tenants in the proposed offices adequate light and air while maintaining
privacy for the neighbors across the adjacent alley.
-March, 1995-
-November 7, 1996- Reaffirmed by the HACC
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The undersigned represent homeowrners on Pinehurst Ave., directly north of
and sharing an alley w's#h the �ord Parkway Mall. Pinehurst resider�ts
or'sginally made many cvncessions to aliow the proper#y #o be developed. tn
retrun, it was agreed that there urould never be windows on the buifding's
north side. Nothing has changed since that time. The addition of windows
would have a compfetely negative effect on our privacy, our property values,
and the character of our neighborhood. We ask that the St. Paul City
Council reaffirm their previous decision and deny the request for the variance
which wouid aflow these windows.
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