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98-1066 I �' 4R�G1#VAL Council File # 9� /�� Green Sheet # �o a� � RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Presented By Referred To Committee: Date 2 WIIEREAS, under the provisions of Saint Paul Legislative Code § 66.409 and Minn. 3 Stat. § 462357, Don Frable and Steven Winover peritioned to rezoning properry commonly 4 known as 1488 Grand Avenue, Saint Paul, Minnesota from RM-2 to B2-C for the purpose of 5 permitting reuse of the properiy as a commercial property. The said petition was certified by the 6 planning division on August 3, 1998, as having been consented to by at least two-thirds of the 7 owners of the area of the property to be rezoned, and fiuther hauing been consented to by at least 8 67% of the owners of the properties situated within 100 feet of the total contiguous property 9 within one yeaz preceding the date of the petition; and WHEREAS, on September 3, 1998, the zoning committee of the Saint Paul Planning Commission conducted a public heazing far the purpose of considering the rezoning petition pursuant to the requirements of Saint Paul Legislative Code § 64300 and Administrative Code § 107.03. All persons present were given an opportunity to be heard. At the conclusion of the hearing, the zoning committee moved to deny the petition and submitted its recommendation to the 5aint Paul P12miiug Commission; and VJHEREAS, the Saint Paul Planning Commission considered the rezoning petition at its meeting held on September I 1, 1998. The Planning Commission recommended to the City Council that the petition be denied for the following reasons: The applicants have owned this residential property since September 1997. Currently, the applicants have an agreement to sell the property to Mr. John Becker contingent upon rezoning the properiy from RM-2 to B2-C. Mr. Becker intends to use the lst floor of this residenrial structure as an office far his State Farm Insurance agency. The second floor will be a residential living unit. Mr. Becker's business hours will be from 9:00 a.m. to 5:00 p.m., Monday through Friday. Ir, addition to Mr. Becker, two other full time employees will work in the office. 2. The rezoning is not consistent with the comprehensive plan. The District 14 Plan has the following land use recommendafion: "Limit retail, commercial and multifamily housing expansion to areas already zoned for such use."( p.4) Rezoning the properiy from residential(RM-2) to commercial (B2-C) would not be consistent with this recommendation. The 1983 Crrand Avenue West Task Force parking and zoning report provides the following land use recommendarions; " Provide opportunity for commercial growth in the commercial cluster areas on Grand Avenue West: (i) The Cleveland commercial corner oR��NA� ��,d�� 2 and the north side of the block west of Cieveland; (2) the Grand Village area, from 3 Macalester to the Fairview commercial corner and the south side of the block west of 4 Fauview; and (3) the Hamline/Syndicate commercial azea."(p.4) "Ensure that the areas 5 on Grand Avenue West that aze currently doininated by residential land use remain so; 6 these azeas aze...(3) the area between the Snelling commercial corner and the Hamline 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 4� 41 42 43 44 45 46 47 48 49 50 51 commercial corner."(p.5) Again, the proposed rezoning would be inconsistent with the above two recommendations. 3. The rezoning is not consistent or compatible with the way the azea has developed and rezoning the property will have an adverse impact upon the neighborhood. This portion of Grand Avenue is primarily residential in nature. Across the street to the north the entire block face consists of residenrial uses. The block face, on which this property is located, is entirely residential with the exception of a nonconforming use (beauty shop) located three parcels to the east and a B-1 zoned anrique store located on the eastern corner of the same block. The remainder of the block consists of residential uses. Rezoning this parcel in the middle of the block to a commercial use would be spot zoning and would undermine the residential chazacter of this area. 4. The intent of the RM-2 zoning district states: "to provide for more extensive areas of multiple-fanuly residential development as well as uses related to the multiple-family residential districts, or uses which serve one family residential needs and require more extensive sites. The RM-2 district is fiirther pxovided to permit comprehensive development of multiple- family project so as to establish a balance of population concentration as related to major thoroughfares and transit and related facilities." The intent of the B2-C zoning district states: " to create a business district expressly for existing residential structures in commercial areas, which will permit the operation of businesses which do not generate lazge amounts of traffic and at the same time will retain the visual character of the building forms and open space associated with residential uses. This includes a limited height on buildings and front and side yards. It is fitrther the intent of this district to provide paxking for employees who work in buildings which are converted from residential to business use. The applicant submitted a sufficient perition of two-thirds of the properiy owners within one hundred (100) feet of the properry stating support far the rezoning (17 pazcels eligible, 12 pazcels required, and 13 parcels signed). WHEREAS, notice of public hearing before the Councii of the City of Saint Paul concerning the said rezoning petition was duly published in the official newspaper of the City on September 23, 1998, and notices were mailed to each owner of affected properry and property situated wholly or partly within 350 feet of the property sought to be rezoned; and WI�EREAS, a public hearing before the City Council having been conducted on October 14, 1998, where all interested parties were heard, the Council having considered all the facts and recommendations concerning_the petition resolved to deny the application to rezone the subject property and in doing so moved to adopt as its own the findings of the 5aint Paul Planning Commission as stated herein; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul does hereby deny the application of Don Frable and Steven Winover to rezone property at 1488 Grand Avenue, more ORiG1NAL 9�-'iU�� WI�REAS, under the provisions of Saint Paul Legislative Code § 66.409 and Minn. Stat. § 462.357, Don Frable and Steven Winover petitioned to rezoning properiy commonly lrnown as 1488 Grand Avenue, Saint Paul, Mimiesota from RM-2 to B2-C for the purpose of pernut6ng reuse of the properry as a commercial property. The said petition was certified by the pianning division on August 3, 1998, as having been consented to by at least two-thirds of the owners of tYte area of the properiy to be rezoned, and fiirther ha�ing been consented to by at least 67% of the owners of the properties situated within 100 feet of the total contiguous property within one year preceding the date of the perition; and WI�REAS, on September 3, 1998, the zoning committee of the Saint Paul Planniiig Conunission conducted a public hearing for the purpose of considering the rezoning perition pursuant to the requirements of Saint Paul Legislative Code § 64300 and Administrative Code § 107.03. All persons present were given an oppornuuty to be heazd. At the conclusion of the hearing, the zoning committee moved to deny the petition and submitted its recommendation to the Saint Paul Pianning Commission; and WHEREAS, the Saint Paul Planning Commission considered the rezoning petition at its meeting held on September 11, 1998. The Planning Commission recommended to the City Council that the petition be denied for the following reasons: The applicants haue owned this residential property since September 1997. Cunently, the applicants have an agreement to sell the property to Mr. John Becker confingent upon rezoning the property from RM-2 to B2-C. Mr. Becker intends to use the 1 st floor of this residential structure as an office for his State Farm Insurance agency. The second floor wiil be a residential living unit. Mr. Becker's business hours will be from 9:00 a.m. to 5:00 p.m., Monday through Priday. In addition to Mr. Becker, two other full fime employees will work in the office. 2. The rezoning is not consistent with the comprehensive plan. The District 14 Plan has the following land use recommendation: "Limit retail, commercial and multifamily housing expansion to azeas already zoned for such use."( p.4) Rezoning the properiy from residenfial (RM-2) to commercial (B2-C) would not be consistent with this recommendation. The 1983 Grand Avenue West Task Force parking and zoning report provides the following land use recommendations; " Provide opportunity for commercial growth in the commercial cluster azeas on Grand Avenue West: (1) The Cleveland commercial corner and the north side of the block west of Cleveland; (Z) the Grand Village area, from Macalester to the Fairview commercial corner and the south side of the block west of Fairview; and (3) the Hamline/Syndicate commercial azea."(p.4) `Bnsure that the areas on Grand Avenue West that are currently dominated by residential land use remain so; these areas are...(3) the area between the Snelling commercial corner and the Hamline commercial corner."(p.5) Again, the proposed rezoning would be inconsistent with the above two recommendafions. ORIGINAL �� The rezoning is not consistent or compatible with the way the azea has developed and rezoning the properiy will have an adverse impact upon the neighborhood. This portion of Grand Avenue is primarily residential in nature. Across the street to the north the entire block face consists of residential uses. The block face, on which this property is located, is entirely residenfial with the exceprion of a nonconforming use (beauty shop) located three parcels to the east and a B-1 zoned antique store located on the eastern corner of the same block. The remainder of the block consists of residential uses. Rezoning this pazcel in the xniddle of the block to a commercial use would be spot zoning and would undemiiue the residential character of this area. 4. The intent of the RM-2 zoning district states: °to provide for mare extensive azeas of multiple-family residential development as well as uses related to the multiple-family residential districts, or uses which serve one family residential needs and require more ea�tensive sites. The RM-2 district is furtlier provided to permit comprehensive development of multiple- family project so as to establish a balance of population concentration as related to major thoroughfares and transit and related facilities." The intent of the B2-C zoning district states: " to create a business district expressly for existing residential structures in commercial areas, which will permit the operation of businesses wluch do not generate lazge amounts of traffic and at the same tune will retain the visual character of the building forms and open space associated with residential uses. This includes a limited height on buildings and front and side yards. It is further the intent of ttus district to provide parking for employees who work in buildings which are converted from residential to business use. 5. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet of the property stating support for the rezoning (17 parcels eligible, 12 parcels required, and 13 pazcels signed). VJHEREAS, notice of public hearing before the Council of the City of Saint Paul concerning the said rezoning petition was duly published in the official newspaper of the City on September 23, 1998, and notices were mailed to each owner of affected property and property situated wholly ar partly within 350 feet of the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on October 14, 1998, where all interested parties were heard, the Council having considered ali the facts and recommendations conceming the petition resolved to deny the application to rezone the subject properry and in doing so moved to adopt as its own the findings of the Saint Paul Planning Commission as stated herein; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul does hereby deny the application of Don Frable and Steven Winover to rezone property at 1488 Grand Avenue, more particularly described as Lot 4, Biock 4, SutYUnit V iew from a RM-2 zoning classification to a B2-C zoning classification for the general reason that the application is not consistent with the comprehensive plan for the City and for the reasons articulated by the Saint Paul Planning 1 OR1GlNAL ��,d�� 2 particulazly described as Lot 4, Block 4, Sununit View from a RM-2 zoning classification to a 3 B2-C zoning classification for the general reason that the application is not consistent with the 4 comprehensive plan for the City and for the reasons articulated by the Saint Paul Planniug 5 Commission which are incorporated herein by reference and adopted by the Council of the City 6 of Saint Paul as its own; AND, BE IT, 7 8 FUR'I'HER RESOLVED, that a copy of this resolution shail be sent to the applicants, the 9 Planniug Adiniuistrator, the Zoning Aduiinistrator, and the Saint Paul Plamiing Commission. Requested by Department of: By: Form Appr d by City Attorney $Y � L✓�i►�. /�- �Y-'1� Adoption Certified by Council Secretary Approved by Mayor for Submission to Council By: � � gy Approved by May i.; ate t �• BY: Adopted by Council: Date � \ �0 ORIGINAL ��id�� Coxnmission which are incorporated herein by reference and adopted by the Council of the City of Saint Paul as its own; AND, BE IT, FURTHER RESOLVED, that a copy of this resolution shall be sent to the applicants, the Plauniug Admiiristrator, the Zoning Admiiustrator, and the Saint Paul Plamiiug Commission. Council Harris 266-8630 Nov. 23, 1998 11S51GN NUMBERFOR ROUTING TOTAL # OF SIGNATURE PAGES GREEN SHEET r��:liy�i3 �� =�d� No 62295 inniavoer. a.roouHw ❑ GRYATTORIEV ❑ CIIYCLiRR ❑ FI1sMCI0.1.iERNCFidR ❑ sILYM'J�LfERV��eCl6 ❑ WYOA(ORWtlTAMi� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Finalizing City Council action taken October 14, 1998 denying the application of Donald Frable and Steven Winover to rezone property from RM-2 (residential multiple-family) to B2-C (Community Business Converted) to allow conversion of a single family house to an insurance office use at 1488 Grand Avenue. PLANNING CAMMISSION CIB COMMITTEE CML SERVICE COMMISSION tSONAL SERViCE CON7RACf5 MUST ANSWFR TNE FOLLOWING Q Has fhis perso�rm ever w0�lced under e confraCt for this tleparlment'7 VES NO Has thie peraonlfirtn ever heen a cfly empbyeeT YES NO DoeB this person/firtn po88e55 a sldll not nwmaltypo6sessetl by eiry curteM Cily empbyee7 YES � Is Mie per�rm a targeted vendoYl YES h0 AMOUNT OF TRANSACYION S COST/itEVENUE BUDfiETm (CIRCLE ONk� YES NO ACTNITY NUMBER OFFICE OF Tf� CITY ATTORNEY / ClaytanM Robinson, Jr., CiryAttorney �J'—/�66 CIT`Y OF SAINT PAUL Norm Colemm�, Mayor m� CiviZDivision 400 City Hall IS West Kellogg Blvd Saint PauI, Minnesot¢ 55102 Telephone: 651266-8710 Facsimile: 651298-5619 November 20, 1998 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: Petition to Rezone Property at 1488 Grand Avenue City Council Action Date: October 14, 1998 Dear Ms. Anderson: Attached please find a signed copy of a resolution memarializing the decision of the Saint Paul City Council to deny the application to rezone the property above stated. Would you please have this resolution placed on the Council's Consent Agenda at your earliest convenience. If you have any questions, please do not hesitate to contact me. V ery truly yours, � �� u�yt/!'�L-. eter W. Wasner Assistant City Attorney PWW/rmb Enclosure ca James Zdon 9� f � DEPARTMENT OF PI,ANNING & ECONOMIC DEVELOPMENT �T CTTY OF SAIIVT PAUL Norm Colemarz, Mayor September 17, 1998 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Division of P(anrdng 25 West Fourth Street Saint Paui, MN SSIO2 Te[ephone: 612-2666565 Facsimile: 6S 2-228-3314 �?L��^x3 ,�`'s��a�.,s � """ .;�vf �� : � �S��v I would like to confirm that a public hearing before the City Council is scheduled for Wednesday Octoberl4, 1998 for the following zoning case: Applicant: File Number: Purpose: Address: Frabte, Donald C.1Winover, Steven # 98-205 Rezone property from RM-2 ( residential multiple-family) to B2-C ( Community Business Converted) to allow conversion of a single family house to an insurance office use. 1488 Grand Legal Description of Property: Lot 4, Block 4 Summit View Previous Action: Planning Commission Recommendation: Denial, vote: unanimous, September 11, 1998 Zoning Committee Recommendation: Denial, vote: 8-0, September 3, 1998 My understanding is that this public hearing request will appear on the agenda far the October 14, 1998 City Council meeting and that you will publish notice of the hearing in the Saint Paul Lega] Ledger. Please call me at 266-6559 if you have any questions. Sincerely, Jam�es � o�� City Planner •Frasrxtm• - - xaric� oF roaue �nxnvc The Saint Paul City Council will-conduct a public heazing on Wednesday, Oct6ber cc: File # 98-205 14. 1995 at 5[30 p in the GYty Council Chambers. Third Floor City Hall-Court P2u1 Dubnti0l - House, to_ consider the applicaUOn of FYable, Donald C./Winover. Staven�to rezone property from RM-2 (residential mulHple-faznily) to B2-C (Community "Business GEt1"y $OyCI Converted)�to allow conversion of a single famity house to an insurance office use�at 1485 GYand Avenue. - - - Dated: September 21. -1998 � . ' ' � � NANCY AN�ERSON � � : - - - Aseistant �ty Cou'ncll Sectetary . , - - _ (Septemba 23, 1998)_ _— q�- id�� CIT'Y OF SAINT PAUL Norm Coleman, Mayor DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Division of P[annirzg 25 West Founh Street Saira Paul, MN 55102 Telephan e: 6I Z-266-6565 Facsimi[e: 612-228-3314 October 1, 1998 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Pauf, Minnesota 55102 RE: Zoning File # 98-205 Frable, Donald C./ Winover, Steve City Council Hearing: October 14, 1998, 530p.m. to 6:30 p.m., City Council Chambers PURPOSE: To consider rezoning property at 1488 Grand Avenue from RM-2 (residential multiple- family) to B2-C (Business Community Converted) to allow conversion of a single family house to an insurance office use. � PLANNING COMMISSION RECOMMENDATION: Denial vote: unanimous ZONING COMMITTEE RECOMMENDATION: Denial vote: 8-0 STAFF RECOMMENDAT'[ON Denial SUPPORT: No one spoke. The Macalester Groveland Community Council did not take a position. OPPOSITION: One resident. Staff received seven letters in opposition. Dear Ms. Anderson: Mr. Frable and Mr. Winover submitted a petition to rezone property at 1488 Grand Avenue. The Zoning Committee of the Planning Commission held a public hearing on the proposed rezoning on September 3, 1998. The applicants failed to appear at the public hearing. At the close of the public hearing, the committee voted 8-0 to recommend denial of the rezoning. The Planning Commissio;n, on September 11, 1998, unanimously upheld the Zoning Committee's recommendation for denial. This proposed rezoning is scheduled to be heazd by the City Council on October 14, 1998. Please notify me if any member of the City Council wishes to have slides of the site presented at the public heazine. Sincerely, � � �o�n. James Z n City P ner cc: City Council members � Attachments 9� i�� city of saint pau{ pianning commission resolution file number 98-62 �te, Seotember 11. 1998 WHEREAS, Don Frable/Steven Winover, have applied under the provisions of Section 66.409 of the Saint Paul Legislative Code, for the purpose of rezoning property located at 1488 Grand Avenue from RM-2 to B2-C, legally described as (see file). WHEREAS, the Zoning Committee of the Planning Commission on 9/03/98, held a public hearing at which all persons present were given an opportunity to be heazd pursuant to said application in accordance with the requirements of Section 64.300 of the Saint Paul Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: � 1. The applicants have owned this residential property since September 1997. Currently, the applicants have an agreement to sell the properiy to Mr. John Becker contingent upon rezoning the properiy from RM-2 to B2-C. Mr. Becker intends to use the lst floor of tlus residential structure as an office for his State Farm Insurance agency. The second floor will be a residential living unit. Mr. Becker's business hours will be from 9:00 a.m. to 5:00 p.m., Monday through Friday. In addition to Mr. Becker, two other full time employees will work in the office. 2. The rezoning is not consistent with the comprehensive plan. The I?istrict 14 Plan has the following land use recommendation: "Limit retail, commercial and multifamily housing expansion to areas already zoned for such use."( p.4) Rezoning the property from residential (RM-2) to commercial (B2-C) would not be consistent with this recommendation. The 1983 Grand Avenue West Task Force parking and zoning report provides the following land use recommendations; " Provide opporiunity for commercial growth in the commercial cluster azeas on C�rand Avenue West: (1) The Cleveland commercial corner and the north side of the biock west of Cleveland; (2) the Grand Village azea, from moved by Wencl � seconded by i n favor Unanimous against Macalester to the Fairview commercial comer and the south side of the block west of � Fairview; and (3) the Hamline/Syndicate commercial area."(p.4) "Ensure that the azeas on Grand Avenue West that aze currendy dominated by residential land use remain so; these azeas aze...(3) the azea between the Snelling commercial corner and the Hamline commercial comer."(p.5) Again, the proposed rezoning would be inconsistent with the above two recommendations. 3. The rezoning is not consistent or compatible with the way the azea has developed and rezoning the properiy will have an adverse unpact upon the neighborhood. This portion of Grand Avenue is primarily residentiai in nature. Across the street to the north the enTire block face consists of residential uses. The block face, on which this properry is located, is entirety residential with the exception of a nonconforming use (beauty shop) located three parcels to the east and a B-1 zoned antique store located on the eastem corner of the same block. The remainder of the block consists of residential uses. Rezoning tfiis parcel in the middle of the block to a commercial use would be spot zoning and would undermine the residential chazacter of this azea. 4. The intent of the RM-2 zoning district states: "to provide for more extensive azeas of multiple-family residential development as weil as uses related to the multiple-family residential districts, or uses which serve one family residential needs and require more extensive sites. The RM-2 district is further provided to pernut comprehensive development of multiple- family project so as to establish a balance of population � concentration as related to major thoroughfares and transit and related facilities." The intent of the B2-C zoning district states: " to create a business district expressly for existing residential structures in commercial areas, which �yill permit the operation of businesses which do not generate lazge amounts of tr�c and at the same time will retain the visual chazacter of the building forms and open space associated with residential uses. This includes a limited height on buildings and front and side yards. It is further the intent of this district to provide pazking for employees who work in buildings which aze converted from residential to business use. �. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet of the property stating support for the rezoning (17 pazcels eligible, 12 pazcels required, and 13 parcels signed). NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission that the petition of Don Frable/Steven Winover to rezone property at 1488 Grand, more particulazly described as Lot 4, Block 4, Summit View, from a RM-2 zoning classiftcation to a B2-C zoning classification is not consistent with the Comprehensive Plan for the City; and BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to the Council of the City of Saint Paul that property located at 1488 Grand not be rezoned from RM-2 toB2-C in accordance with the petition for rezoning on file with the Saini � Paul Planning Division. �i� � Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul was held Friday, September 1 I, 1998, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Duarte, Faricy, Geisser, Morton, Nordin, Treichel, and Wenci and Present: Messrs. Gervais, Gordon, Johnson, Kramer, Marguties, McDonell, Nowlin and V aught. Commissioners Mmes. *Engh and Messrs. *Field, Kong, *Mardell, and *Sharpe Absent: *Excused Also Present: Ken Ford, Planning Administrator, Jean Birkholz, Tom Harren, Larry Soderholm, and Jim Zdon, Department of Planning and Economic Development staff; and Tom Beach from the Department of License, Inspection and Environmental Protection. I. Chair's A�nouncements � Chair Morton had no announcements. II. Planning Administrator's Announcements Mr. Ford announced that the City Council did approve the plat for William's Hill and the pawn shop moratorium resolution is in effect. Chair MoRon pointed out the revised agenda. III. �� 1„�Il`i�: Gerald Trooien for Alexandra & Associates LLC, River Corridor Modification, Setback Variance and Site Plan Review (Tom Beach, LIEP) Chair Morton read the rules and procedures for public hearings. Mr. Beach gave a short slide presentation and read the staff reports. He stated that Gerald Trooien is proposing to build a 4-level parking ramp with 996 parking spaces. The ramp will be located west of Davern and nodh of Shepard Road in the packing lot of the oid Unisys Building, Mr. Trooien has renovated the old Unisys Building and U.S. Bank is in the process of moving into the building. Some of the spaces in the ramp would be used by U.S. Bank employees; the rest would be used for airport parking. To build the ramp, Mr. Trooien needs approval from the Planning Commission on three items: 1) a rivet corridor modification - the ramp will be 42.5 feet tall (the maximum height is 40 feet in a river corridor); 2) a setback variance is needed - the ramp is proposed to be setback 15 feet from the north � property line (the required setback in I-1 districts, residential property, is 1'/z times the height of the building or 65 feet, in this case); the requested variance is 50 feet; 3) a site plan review, required for any parking facility. Commissioner Nordin asked how many parking spaces are required by the zoning ordinance for meeting on Thursday, September 17, 1998. � #98-205 Donald C. Frable / Steven Winover - Rezone property from MR-2 (medium-density; low-rise multiple-family residentiai district) to B2-C (community business-converted district) at 1488 Grand Avenue (Jim Zdon, 266-6559). MOTION: Commissioner Wencl moved to deny the requested rezoning ofproperty from MR-2 (medium-density; !ow-rise multiple family residential district) to B2-C (communiry business-converted district) at I488 GrandAvenue, which carried unanimously on a voice vote. Commissioner Wenc! read the agenda for t11e next Zoning Committee meeting, September 17, 1998. V. Guest Presentation Plans for Ramsey County Facilities in Saint Paul, Julio Mangine, Director of Property Management for Ramsey County. Chair Morton announced that Mr. Julio Mangine would not make the presentation today because his son was inyolved in a printing press accident last evening. While another person is here to make the report, this item will be rescheduled because there is not enough time remaining this morning. VI. Comprehensive Planning Committee No report. VII. Neighborhood and Current Planning Committee No report. VIII. Communications Committee No report. IX. Task Force Reports Commissioner Gordon announced that the Ayd Mill Draft EIS is out and commissioners will see it soon. X. Old Business None. XI. New Business None. XII. Adjournment � � 11 �� iot� l� � MINUTES OF THE ZONING COMMITTEE Thursday, September 3, 1998 - 3:30 p.m. City Council Chambers, 3rd Fioor City Hall and Court House 15 West Kellogg Boutevard � � PRESENT: OTHERS PRESENT: Gervais, Gordon, Faricy, Field, Kramer, Morton, Vaught and Wencl Peter Warner, Assistant City Attorney, Geri Boyd, Martha Faust, Larry Soderholm, A�fan Torstenson and Jim Zdon of PED The meeting was chaired by Commissioner Fie�d. DON FRABLE/STEVEN WINOVER - Zaning Fiie 98 -205 - Rezone property from RM-2 (Medium- density; Low-Rise Multiple-Family Residential District) to 62-C (Community Business - Converted District). Jim Zdon, PED, gave a slide presentation and reviewed the staff report. Mr. Zdon stated staff recommended denial of the rezoning. The applicants, nor any representative, appeared on their behalf. Upon question of Commissioner Faricy, Mr. Zdon stated that a copy of the report was sent to the applicants. Mr. Zdon further stated that he spoke to the applicant previously and expressed to him the impo�tance of appearing at the hearing. Mr. Frable stated that he would possibly be on vacation, and if so, his partner would be here. << Art Punko, 1463 Grand Avenue, appeared in opposition of the rezoning. Mr. Punko explained that a neighborhood meeting was held regarding this issue, and approximately 15 people showed up. He further stated that the majority of the people were in opposition of this rezoning. Mr. Punko expiained his reasons for the oppositions were a"spot" rezone is not consistent with the Grand Avenue plan, concern for future tenants, and having a business in the center of the residential block could set a precedent for other businesses. Mr. Punko further expressed that of the people who attended the community meeting, there is a strong commitment to preserving the character of the neighborhood. No one else spoke. The public hearing was closed. Commissioner Vaught moved the staff recommendation with the following addition, that by the date of the next Planning Commission meeting, tttere would be a folfow-up on the names of people who claim to have withdrawn their consent, or did not in fact sign the petition. The motion was seconded by Commissioner Kramer. Commissioner Gordon suggested that if the informatiDn is found to be accurate, possible crimina� action should be iaken. Zoning CommilYee Minutes September 3, 1998 Don Frable/Steven Winover (98-205) Page 2 There was no further discussion, and the motion was cailed recommending denial of the rezoning. Adopted Drafted by: �� Geri Boyd Recording Secretary Yeas - 8 Nays - 0 Submitted by: � � � m Zdor� Southw� Team Approved by: Litton Field Chair � � � 9t� io�/ �� Stephen J. Bubul and Lee S. Lewis 1493 Lincoln Avenue 3L Paul, Minnesota 55105 September 1, 1998 Zoning Committee 25 West Fourth Street I 100 City Hall Annex St. Paul, MN 55102 RE: Zoning File No. 98-20� Rezonin� of 1488 Grand Avenue Dear Committee Members: We own and occupy the house at 1493 Lincoln Avenue, almost immediately across the alley south of 1488 Grand Avenue. We understand that the applicant has requested rezoning of that property from RM-2 to B2-C. Neither of us is able to attend the public hearino on this rezoning on September 3, 1998, bui would like to submit these comments for the Committee's consideration. � While each of us signed the applicanYs petition (as property owners within 100 feet of the property), we have had time to consider the issue and have concluded that we oppose the rezoning. Our primary concern is that rezoning to allow commercial uses in the middle of the block will disturb the balance between residential and commercial uses in the neighborhood. One of the major attractions of living in St. Paul, and this area in particulaz, is the presence of strong residential communities with commercial amenities neazby. Indeed, our property is just one block away from the commercial node at the intersection of Grand and Snelling. Most residents in the azea, we think, enjoy having retail and services within walking disiance, and understand tha± Grand Avemae is a comsnercial/residential mix. At the same time, though, the character of the area is a balancing act. If commercial uses spread east from Snelling, the "node" will become a strip. Parking, which is not yet a problem, will become scarcer, and the residential appeal in the vicinity of Grand will diminish. Once the middle of the block is rezoned, there will be little reason to deny any subsequent applicant. It is therefore easy to imagine that the block will drift toward the predominantly commercial pattem found elsewhere on Grand Avenue. As residents who shaze the alley with this property, we also worry that the change will � reduce neighborhood safety. The concern is not that commercial uses will bring crime, but that fewer people will be present around the clock. Our block, which has been s�a-ia9sss suaoo-s relatively free of problems until recently, has had three incidents this summer. It cannot . help matters to reduce the number of people living on and using the alley. Further, we think it is important to maintain a mix of housing types for a variety of income levels. (That's another reason we like to live here.) The proposed rezoning will remove another unit of modest, affordable housing from the local housing stock, at a time when affordable housing is in critically short supply. We recognize that the applicant intends to rent the upstairs unit for residential purposes, but the downstairs unit is most likeIy lost for housing purposes. And, there is no guazantee that the upstairs unit wiil remain residential over time. Finally, while the applicant's proposed use (an insurance office) is not objectionable by itseif, we hope the committee focuses on the broader land use question: should this block move toward commercial uses? Many other uses are of course possible in the B2-C district, including retail sales and contractors. (As the committee will no doubt heaz from other neighborhood residents, a contractor who occupied property just a few houses away created significant conflicts.) The issue is not this applicant; it is the proper zoning for this property, in this block, in this neighborhood. For these reasons, we urge the committee to maintain the RM-2 classification. Thank you for the opportunity to voice our concerns, and we hope you will make a decision that puts the lona-term interests of the neighborhood first. Tf committee members or staff have questions of us, we can be reached at 699-1330. � y Yours, �.� h-/ �"� . Bubul Lee S. Lewis � i SJB-I49355 euaoas �?7 `��l°y° 03i0'>i199d 14:58 FkOM M.P. DRNIELSt7h1 tiDVERTISING T�J 6383465,_ _ .__ P.01 � 913J98 Michael Da.v.eL4on & Diana Dan.ielaon 1464 Summit 7+venue Sdint Paul, 1�N 55105 � aze a�osed to the rezoning of the 1488 �rand a�,n� P�..yty tp a 52�. 2Ysre is alzea3y way to inxt� traffic a� �jesti� tysiig p�scal as a crossoc�s. Vety da�as� for our c^�� 1.t,�r. y7e lived k�e�e for 11 years ard wa„zt to rt�lce this d fani2y r�ea,ghborYa�od_ SinCerely �y.-�...��'. �� s� � ��.� niac,a oanielson m � � September l, 1998 Mr. Jim Zdon, Zoning Office 25 West Fourth Street I100 City Hall Annex St. Paul, MN 55102 Mr. Zdon: We attended a neighborhood meeting on Monday, August 31, 1998 at 1463 Grand Avenue regarding the re-zoning of 1488 Grand Avenue which is located next door to us. We are a[ 1492-1494 Grand Avenue. The attached petition was passed around and our forged signatures were on it. We are against the re- zoning and did not sign a petition to support it. Thank you for your assistance in this matter. We can be reached at 690-5839 or 699-6863 if you have � qaestions or concems. m Sincerely, Joseph Urbanski Sr., Kathy Urbanski, and Joseph Urbanski Jr. t!� � I�:.�tn�c.� � _ / � - � � 9� -io�� De-� Co��c�� iM��.��J� �,�, w�i-�� v F��;�� G�� V'� Zo� � v� � o-� l�f�'� G�� o( f4 �� u-'-e �vPU'Q W I'oc�iP� �� '��'•fv�bl�e/v�r• (�(/��:�d�P�� u��e afd�PV; h 5, y<��'��5, �,u� e�1 -f��y � . , - /4 ��`\ y � �e� _ . ,. . " , VV.C' '�- l7NC�✓P..T'� �4�7Z C� v'�r�1�i flvp. ��G � ��V1 Pc( �l�e i✓' �'P��teS`� - � - o Si��, -f'�eir �P-�-i-�-i�h � v� - f'��P , b�s�'S -�-b1 �� i,v � C-C4lm Q 'W '�1 i S S PG�� Q✓� c� � ��1 �-��. S�ec��ic(J �c�ct��s� f��v� � c�,�s ��l�>�� • y�. S�s�P� �� l 5�� w� o�,,� �; -�e s�- vi �� S d w, �- e 5 u� r� we�r� i �� v-�S-�--i r� l Y� ��ov� 5 f�✓� r� b � 5 i nP 1' S- �� v��w �vSi��'ss o� �'h�P .�IoC,G' 1� { � �1 h�l (�c9S G )4I w � � � �7 � �I-w2 P V1 � �v� fl �3 ) /,. ✓ i o�1 � ✓� �4 v� lr� � v� be i n ol i rec,� eovn}�� o�l J ' � J S ��,PS S ,� '�� -� � v i� �c� 1' n S S��C�S � /� / �.vereiv� h�S ��@� -� ��-'Si�P55 �l-o✓� ZS�Pc�j �.v e Gl t ��, ll �� C�11� 11 c� � -� �,� e rl e i�r- `7 1 c✓ �rao��l J , �.-• r� S 1� �� S �C "1v�� 5�� \� ��4��'� G e� . L-��S �J�l� �se �� U� ef I�io�l� �-e 1 ` �� 0�2 i'1 4^f c'ti�� i��5 'f—�'1 �7—'� �� ;�c��-(.� f�� G��+�%�� _ FROH :CGRP GROUFS 612-667-2455 1999.09-0'_ 10:10 SS» P.02/�2 September 1, 1998 Re: Re-Zoning of Property x.ocated at 1488 Grand Avenue, St. Paul O�vned by Donald Frable and Steven Winover Mecting to be held September 3,1998 Deaz Mr. Zdon: I live within 100 feet of fl1e properry locatcd at 14SS Grand Avenue, St, Paul. I previously had signed a petition in favor of allowing commercial re-zoning at the above referenced property. I signed this petition aFter receiving extremely limited, and I now belie�e, misleading information. I was approached to sign only one day prior to the deadline for sianatures, and it �vas implied that all the other residents had approved, lt w�u also stated that the potcntia! purchsuer was nitending on tiving at the residence while operating lhe insursnce agency. tt was represrnted thxt the re-zoning need was only necessary tn allow an owner/operafor residence situation. I misunderstood that once d�e k�roperty was re-zoned, altowing die insurazice agency to operate, it was permanently available for any type of commercifil busine�s in the future. I am noW aware of the immediate and potential future impact of this re-zoning and would like to withdmw m a roval. Please feel free to contact me, or my wife,lonel(e Branca, if you would like to discuss dzis furcher. �lLcri� �j''i�n� Louis J. Branca 1499 Gnnd Avenue St. Paul, MN 55105 612-690-2832 home 612-951-5225 officc Jonelle Branca 612-687-2664 office � � � � S�P 03 'S8 11�47 MN SENT 6l COMfi � September 3, 1998 Deaz Mr. .Zdon: �'�-ia � P.2 I am writing regarding the proposed rezoning of 1488 Grand Avenue (File Number. 98-205). My wife Cazol and I have owned our hnme at I515 Lincoln Avenue since 1985. We aze opposed to this change for two reasons. One is the continuing increase in trafFic in our neighborhood resul[ing from added businesses in general. During the time we have lived here, business has expanded dramatically at the comer of Snelling and Crrand. 'While this development is of some ben�t, it has a2so increased traffic congestion si�nificantly. Cazs are now sometimes backed up for two blocks from Sneliing to Pascal. That is a problem in terms of its impact on ihe character of the area and additional noise and exhaust fumes, but also an increasing number of drivers now seek to circumvent this bottleneck by driving down Lincoin Ave. They do so at a high rate of speed, creating heavier, noisy traffic on our street and a very reaI danger to children. Similazly, there is increased traffic down Sazatoga from drivers turnin� ofFof Grand to avoid a left turn at the Crrand/$nelling intersection; these drivers too drive faster than the speed limit, and very few observe the posted stop sign at Lincoln. Aside from the unpleasant increase in traffic, clearly, this is a very dangerous development. We have observed innumerable near-mishaps of aIl sorts from the diverted traffic. � Another reason we oppose the rezoning is ihe change in character of the neighborhood --- from simply the presence of another business property. Grand Avenue is, as we understand, a mix of residential and canunercial properties. Again, as residents we appreciate the unique chatacter of the azea resulting from such zoning. But adding a business at 1488 would czeate problems: the additional on-street pazking causes inconvenience for the neazby residents, and the required off- street parking creates an eyesore for those who wish to live in a neighborhood with a residenria] atmospheze. That residenlial character is certainiy what we ourselves chose in purchasing our home heze, and we do not want that to change, --- both for maintaining the atmosphere and for protecting the value of our hame. In summary, despite the benefits, there is a poinY at which the residential properties suffer from added businesses, and we feel that we are at thai point in our neighborhood. The impact of the development at Grand and Snelling is already quite noticeable terms of quality of life, and as a result the problems from adding yet another business at the 1488 site seem � amplified. We consider this change ill-advised and contraindicated and we request that you deny the request to rezone. � Thank you for your consideration of our concerns. T may be reached at home at 698-8792 or at work at 282-6286. Si��rel / l S� n K. Schete ZOIVING COMMITTEE STAFF REPORT FILE # 98-205 1. 2. 3. 4. 5. 6. APPLICANT: FRABLE, DONALD CJ WINOVER, STEVEN DATE OF HEARING: 09/03/98 CLASSIFICATION: Rezoning LOCATION: 1488 Grand Avenue PLANIVING DISTRICT: 14 LEGAL DESCRIPTION: Lot 4 Block 4 Summit View PRESENT ZONING: RM-2 ZOiVING CODE REFERENCE: Section 64.400 STAFF INVESTIGATION AND REPORT: DATE: 08/26/98 BY: James Zdon 8. DATE RECEIVED: 08/03/98 DEADLINE FOR ACTION: 10/02/98 A. B. C. D. PURPOSE: Application to rezone from RM-2 to B2-C PARCEL SIZE: The pazcel is 50' X 150' for a total of 7500 squaze feet. EXISTING LAND USE: Single famiiy residential structure in a RM-2 zoning dishict. SURROiTNDING LAND USE: North: Single family residential structure in a RM-2 zoning district East: Triplex residential structure in a RM-2 zoning district. South: Single fanuly residential structure in a R-4 zoning disirict West: Duplex residential structure in a RM-2 zoning district. E. ZOIVING CODE CITATION: Section 64.400(a) states in part, "the council may from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes SecTion 462357 and amendments thereto as may be make from time to time. The planning commission may from tnne to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed. � � � 9�'�� Section 64.400(b) states in part that "an amendment to the zoning cade may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned." F. HISTORY/DISCUSSION: None G DISTRICT COtJNCIL RECOMMENDATION: Because the Macalester-Groveland Community Council does not have a scheduled boazd meeting until after the 9f3l98 public hearing, the Macalester-Crroveland Community Council has not taken a position on the rezoning application. H FINDINGS: The applicants have owned this residential property since September 1998. Cunently, the applicants have an agreement to sell the property to Mr. John Becker contingent upon rezoning the property from RM-2 to B2-C. Mr. Becker intends to use the 1 st floor of this residential structure as an office for his State Farm Insurance agency. The second floor will be a residential living unit. Mr. Becker's business hours will be from 9:00 a.m. to 5:00 p.m., Monday through Friday. In addition to Mr. Becker, two other full time employees will work in the office. � 2. The rezoning is not consistent with the comprehensive plan. The District 14 Plan has the following land use recommendation: "Limit retail, commercial and multifamily housing expansion to areas already zoned for such use."( p.4) Rezoning the property from residential (RM-2) to commercial (B2-C) would not be consistent with this recommendation. . The 1983 Grand Avenue West Task Force parking and zoning report provides the following land use recommendations; " Provide opportunity for commercial growth in the commercial ciuster areas on Grand Avenue West: (1) The Cleveland commercial corner and the north side of the block west of Cleveland; (2) the Grand Village azea, from Macalester to the Fairview commercial corner and the south side of the block west of Fairview; and (3) the HamlinelSyndicate commercial area."(p.4) "Ensure that the azeas on Grand Avenue West that are currently dominated by residential land use remain so; these azeas are...(3) the area between the Snelling commercial corner and the Hamline commercial corner."(p.5) Again, the proposed rezoning would be inconsistent with the above two recommendations. 3. The rezoning is not consistent or compatible with the way the area has developed and rezoning the property will have an adverse impact upon the neighborhood. This portion of Grand Avenue is primarily residential in nature. Across the street to the north the entire block face consists of residential uses. The block face, on which this property is located, � is entirely residential with the exception of a nonconforming use (beauty shop) located tluee parcels to the east and a B-1 zoned antique store located on the eastem comer ofthe same block. The remainder of the block consists of residential uses. Rezoning this parcel in the middle of the block to a commercial use would be spot zoning and would � undermine the residential chazacter of this azea. 4. The intent of the RM-2 zoning district states: "to provide for more extensive areas of multiple-family residential development as well as uses related to the multiple-family residential districts, or uses which serve one family residential needs and require more extensive sites. The RM-2 district is fiirther provided to permit comprehensive development of multiple- family project so as to establish a balance of population concentration as related to major thoroughfares and transit and related facilities" The intent of the B2-C zoning district states: " to create a business district expressly for existing residential structures in commercial azeas, which will permit the operation of businesses which do not generate large amounts of traffic and at the same time will retain the visual character of the building forms and open space associated with residenrial uses. This includes a limited height on buildings and front and side yazds. It is further the intent of this district to provide parking for employees who work in buiidings which aze converted froFn residential to business use. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet of the properry staring support for the rezoning (17 parcels eligible, 12 parcels required, and 13 pazcels signed). STAFF RECOMMENDATION: Based on findings 2 and 3, staff recommends denial a of the application to rezone the properiy at 1488 Grand from RM-Z to B2-C. � 9�-ia�� PETITION TO AMEND TNE ZONING CODE Depart�nent ajPlanning and Ecor.omic Developrner.t Zoning Secfion II00 CiIY I�all AnnPx 25 T3'est Fourt/t Street Saini Pnui, MN 55701 266-6589 APPLICANT � Property Owner��ti.v �z � • r>� �.� � Sf-�„ �ti K� � - PROPERTY LOCATION CityS7'. s�' / St��"L iof Daytime e ,� 3 S - �S� � Contact person (if different) Address/Locati G�',a.- ; /� Legal description L v-h �/ ��`"" �/ S� M �,�- �. � (attach additional sheet if necessary) TO THE HONORABLE MAYOR AND .CfTY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statu=s, , the owner of ail the land proposed for rezon:ng, hereby petitions you to rezone the above described property from a. �M - a- zoning district to a j�-- J- � zoning distric�, for the purpose of: �� G �� (a!tzch addrtional sheet(s) i° necessa.ry) 1 � Attachments Required site plan ❑ Consen; petition LJ Affidavit � Subscribed and sworn to � �� b=fore me this �� n day By: d ,, � of � g"{� Fee owner oi propery � 1 ( - r�tiA: Page 1 of '�,: ��„��Q��'�I.4tYPU��C�diNNESOTA RAMS E�peoun�v nhy Commis:�cg,e ��°s d:r. 7..... "" ", �-r+a^;�.y'r . _� , . � STATE FARM 0 � INSURANCE 3 ,...f...<_..:a3Y:.... ' , . 3 i e � 3.:3 3' 103ZC.mntLAvrnue St Paul, NIN 55105 612242.8Q96 phone 612.2920138 fa< July L0, 1998 Dear Neighbor: stopped by today seeking signauues for �pioposedRe-Zoning of 1488 Gtand Avenue. T[tis xfsed Re-Zoning would convert the cuirentRM-2 �vfulti-Family) designation of 1488 Grand riue to a B-2C {Community Busin�ss Converte� d�signation. the Re-Zo effort is to make the progerty usable as a new office for the State Farm ency of John-B€�kc�-soupled wiik a-�.�k�ing unit on thg secan�-IIoor of the � State Fatm affueiscuxrently Icic�ted �1A32 Crra�id Avenue, arith-busiziess hnurs of i:00 p.m. A4aad�y-threugh-Frida� 'I11ese keursweuld remain cons[ant-a�ith JoLn's dd the veGy_lonc.nvmt�eLOf walk-iu_clientsrmost of Jolw's businessisconduded by ��r}�ua��ooldng forn�azdtaa-mauaxa1488 L'uaud-Auenue,and is dedicated.tn-the presenzation-0f the r' S1kI8I�, II0lghborhOOd Peoh.,_na_hr nirt_ �tiv en}O}'S�C*ranri AvrmiP' He iS 215QSCtgexCltedBbnut th2 prospec[ of locating hisagencg i�a §am� whisl�-fi�sU�eem�unity values e€bstl�-lusagencgasd his company. Ifyou have any questiensabea�tkisgregosa�-pleas�f�l-�te-sall JoLnBecke�at-242-5(14�, or contact ihe cuxrent owner of 1488 Gtand Avenue, Donald Frnble, at 225-3988. If we did not kiave the opportunity to meet yo�to�a}�,- w�will-s[op h3�agauE-soeata-a�swer any qu�stiens-as sance�nsyou may t�ave. Thank yo � Jv` John Becker Donald Frable ...................... � � � �o�� August 24, 1998 Zoning Committee 25 West�th Street 1100 City Hall Annex St. Paul, M:.. 55102 To the Committee: We have received notice of a request for rezoning of 1488 Grand. Zone fine number 98-205. I have one auestion and one concern. Question: Is there another way for Mr. Frable aad Mr. Winover to meet their current business objectives without rezoaing? What do they really want here? Our concern is not for any "now" request for a business. Our concern with rezoning is that the business strategy of any hot shot buyers will be to resell in five years to a congolmerate or corporation who wants to bu:ld a huge hignrise on Grand or do a shopping mall. � Saying that this is not the intention will not help five years from now. Enough rezoned properties in one block can make it happen because they will be privately owned an3 open to sale. Rezoning one property may be your intention not the intention of the those requesting the rezoning. It was not the intention of whoever passed the benign ordin- ance regarding the right to "small business" in people's houses of adversly affect the neighborhood. On the corner of Pascal and Osceola one guy is running a lawn service/snow nlowing business with multiple trucks, equipment and manpower choxing the street. That wasn't intendeci either. The benign ordinance was not written with his intentions or plans in mind. Now the entire neighborhood has to live with it. A change without safeguards is a set-up for someone who has a lot more ioresight to his own profit than he is going to tel: you aboui. We do not want the "converted district" part of this. What are they planning 'to convert it to? Another housing unit for college students? This is too general a request. Tt is for personal profit at � everyone else's expense. Us today, you tomorrow. Thank you for your time. �� g��_�� Jim & Sharon Lethert 1492 Li�coln St. Paul, MN 55105 Post-it° Fa�c Note CITY OF SA� Phane # CONSENT OF ADJOINING PR Fax# �, � y� REZON S / i'/�}. `tnE. a /', d'e.. JA.a.-e Mc.3r•'�.� �Y.�'7� G.pH/ 2aKt/ ('yza<f� � f i SYPN �.S�G .l / S %`c � N �7 r, .G n/ �p6�PfiL� '�jE /y}f}N�1 �Ve, ilie undersi�ned, otvnets of the property tivithin 100 feei of tlie total contiguous description of real estate o�vned, purchased, or sold by THE PET[TIONE2 within one year preceding the date of this petition ackno�vledoe that tive have been presented with ihe Followino: I. A copy of tlie petition of Donald C. Frable and Steven D. Winover (name of petitioner) to rezone the property located at i 4ft� �.,,,,� evAnuP St�u7�`�.Y SS? n� , from a RM_? Z.ot]iRo �istricf to a R_?(: 2onin� district. 2. A copy of sections 60. 571 tlirouah 60. 575 , inclusive of the Saint Paul Zoning Code; and acknowledge that �ve are aware of alt of the uses permitted in aB-2C zonina district and �ve are aware that any of these uses can be establislted upon City Council approval of the rezoning. We herehy consent to the rezonina of the property in the petition of; Donald C. Frahla and StevPn D. WinovPr to� �- zoningdist�ict. (Name of petitioner) �Ve consent to the approval of this rezoning �s it w.►s explained t� us by the �PP��cnnt or his/her representative. �� f�� .�� -GL`1�I -17-F lvg3 �� .�.� �. � � �l �Ec, �l/� � f L f 77 �^iY�(ll2 /� � , �cF�3 �;ri�o/w Gr, 1 `E� �� ,- �, t`I�3 (,�v�� 7 y C C (� IS�� -•. Nt-15�s �g�� Date pages� �,. .-�QC From �d oo. � /� Phone # �/el "L7 � � ` � 3 - `( c �-/ '� -� ?- `� sl � - z r� ?- �?-5 � 7-1 -R_�-k-. i�-�3-�� 7<<� f i o�t'�s -� r'r�-�'ic� �� z�_ q NOTE; This petition shalf not be coasidered as officially'fcl�duntil the lapse of seven (7) working days after it is received by tiie Planning Division. Any siguator of this petition may withdraw his/l�er name tl�erefrom by ��Titten request within that time. � � 9� io�l CITY OF SAINT PAUL � CONSENT OF ADJOINING PROPERTY O�VNERS FOR A REZONING We, [he undersi�ned, owners of the property within ] 00 feet of the rotal contiguous description of real estate o�vneci, purchased, or sold by THE PETITIONE2 within one year precedina the date of Ihis petition ncknowledoe that we have been presented tvith the foliowin�: A copy of tl�e petition of Donald C. Frable and Steven D. Winover (name of petitioner) to rezone the property located at i kftft l7y�anA �yanna St,, pa»> � SSl (1� from a RM-7 zoning district [o a g_�� zoning district. �� 2. A copy of sections 60. 571 dvouoi� 60. 575 , inclusive of the Saint Paul Zoning Code; and acknowled�e that we are aware of all of [he uses permitted in aB-2C zonino dis[rict and we are aware that any of these uses can be established upon City Council approval of the rezoning. We fiereby consent to the rezoning of the property in t}:e petition oF, nona� d C. Frabl P and St.P=ren D. Wi nover to a � zoning district. (Name of petitioner) "4Ve consent to the �pprov�l of this rezoninb �s it was exPlained .to us Uy the �pplic.int or l�islher represent:�tive. NOTE: Tlus petition shall not be considered as officially fited unti( the lapse of seven (7) �vorkina days aRer it is received by tlie Pllnning Division. Any signator of this petition may widldraw his/her name therefrom Uy written request within tha�t Cime. CITY O�' SAINT PA�3�, CONSGNT Or ADJOINING PROPERTY OWNERS I'OR A � REZONING We, the undersianed, o�vners of the property within 100 feet of the total contiguous description of real estate o�vned, purchased, or sold by THE PET[TIONER within one year preceding the date of [his petition �cknowledge that we have been presented tvith the follo�vino: A copy of tlie petition of Donald C. Frab2e and Steven D. Winover (name of petitioner) to rezone the property located at i 1�RA r.,-A.,.� n S{� Pfli� MN �Sl (15 from a RM_? zoning district to a n_2r zonine district. 2. A copy o(sections 60. 571 tlirough 60. 575 , inclusive of the Saint Paul Zoning Code; and acknowled�e that we are aware of ali of [he uses permitted in aB-2C zoning district and we are aware that any of these uses can be establislied i+pon City Council approval of the rezoning. \Ve hereUy consent [o the rezonino oPthe property in the petition of; Tk�nal d C. Frabl e and Steven D. Winover to a R-2C ZOnin� dist[ict. (Name of peti[ioner) We consent to the approval of Yhis rezoning as it �v�s exp]ained.Yo us by fhc �nnlirant m- hic/hrr renrrcrntntive. � r� � ❑ NOTr: This petition sha(I not be considered as officially filed until the lapse of seven (7) working days 1Cter it is received by the Planning Division. Any signator oEthis petition may widldraw his/her name ihcrcfrom Uy written request within th:�t time. 9� i�� ZONING PETITION SUFF'ICIENCY CHECK SHEET REZONL�iG SCUP IrCUP � FIRST SUBMITTED DATE PETITION SUBMITTED: �� d DATE OFFICIALLY RECEIVED: � �S' 3-I� PARCELS ELIGTBLE: PARCELSREQUIRED: PARCELS SIGNED: l� � � 1 RESUBVIITTED DATE PETITION RESUB�fITTED: DATE OFFICIALLY RECEIVED: PARCELS ELIGIBLE: PARCELSREQUIRED: PARCELS SIGNED: . CHECKED BY: � � DATE: U � � �� z o rv � N �� 9�-��5 i � � 1. SLTNRAY-BATTZECREEK-HIGHWOOD 2. HAZEL PARK HADEN-PROSPERITY HILLCREST 3. WEST SIDE 4. DAYTON'S BLUFF 5. PAYNE-PHAI,EN 6. NORTH END �. THO�fAS-DALE 8. 9. 10. 11. 12. 13. � 15. 16. 1�. SUMMIT-LTNIVERSTTY WESTSEVENTH COMO HAMLINE-MIDWAY ST. ANTHONY PARK MERRIAM PARK-LEXINGTON HANfLINE-SNELLING HAMLINE MACALESTER GROVELAND HIGHLAND SUMMIT F�I.L DOWNfOWN ZONING FILEa�"Z� , CITIZEN PARTICTPATION PIANNING DISTRICfS 9 �-io� � ��=-- , ^ : __.._��..� ....._.. ; ^== i �_ �, ....... '� =_ c; �� -_.-. j I��'� � f a ',,..� � _ I� � O l ;�'�� _ 1.�.�—��7 '�= � I ,�'�� 1�_� � ;,� \ , 1 � ., ��; ,.� . .:.... .. '� ::.:::: DISTRICT 14 ( � ' �' (' � ° !i� y _ GROVELAND–MACALESTER � �� ;�- � � � �� 31��rn ; •.,��_ .r: —� .� '� ,. ,.� � ' ` � I �- �� t — -- , �, u �i � � J� � t / � � w m _i Q , ` � � � r r Z APPUCANT � --- v�� vv�•v►v �w•v � y,, C PURPOSc �ww••�^! FILE N � G�/� DATE v�� PWG. DfST._! �— MAP n--I_SL__ ��^ � "� _� _ LEGEND ...�,..�., zoning district bouridary �%////%/// . - « • . • ■ i 0 one tamily � two family S5,-� � multiple family CITY n �RFt� o e n COmlilctC�d� d csosc Ii1C�U$�;If:� V VdC��"1i � _ _ —_,�-._---- .s;<.�- � .__ I �' 4R�G1#VAL Council File # 9� /�� Green Sheet # �o a� � RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Presented By Referred To Committee: Date 2 WIIEREAS, under the provisions of Saint Paul Legislative Code § 66.409 and Minn. 3 Stat. § 462357, Don Frable and Steven Winover peritioned to rezoning properry commonly 4 known as 1488 Grand Avenue, Saint Paul, Minnesota from RM-2 to B2-C for the purpose of 5 permitting reuse of the properiy as a commercial property. The said petition was certified by the 6 planning division on August 3, 1998, as having been consented to by at least two-thirds of the 7 owners of the area of the property to be rezoned, and fiuther hauing been consented to by at least 8 67% of the owners of the properties situated within 100 feet of the total contiguous property 9 within one yeaz preceding the date of the petition; and WHEREAS, on September 3, 1998, the zoning committee of the Saint Paul Planning Commission conducted a public heazing far the purpose of considering the rezoning petition pursuant to the requirements of Saint Paul Legislative Code § 64300 and Administrative Code § 107.03. All persons present were given an opportunity to be heard. At the conclusion of the hearing, the zoning committee moved to deny the petition and submitted its recommendation to the 5aint Paul P12miiug Commission; and VJHEREAS, the Saint Paul Planning Commission considered the rezoning petition at its meeting held on September I 1, 1998. The Planning Commission recommended to the City Council that the petition be denied for the following reasons: The applicants have owned this residential property since September 1997. Currently, the applicants have an agreement to sell the property to Mr. John Becker contingent upon rezoning the properiy from RM-2 to B2-C. Mr. Becker intends to use the lst floor of this residenrial structure as an office far his State Farm Insurance agency. The second floor will be a residential living unit. Mr. Becker's business hours will be from 9:00 a.m. to 5:00 p.m., Monday through Friday. Ir, addition to Mr. Becker, two other full time employees will work in the office. 2. The rezoning is not consistent with the comprehensive plan. The District 14 Plan has the following land use recommendafion: "Limit retail, commercial and multifamily housing expansion to areas already zoned for such use."( p.4) Rezoning the properiy from residential(RM-2) to commercial (B2-C) would not be consistent with this recommendation. The 1983 Crrand Avenue West Task Force parking and zoning report provides the following land use recommendarions; " Provide opportunity for commercial growth in the commercial cluster areas on Grand Avenue West: (i) The Cleveland commercial corner oR��NA� ��,d�� 2 and the north side of the block west of Cieveland; (2) the Grand Village area, from 3 Macalester to the Fairview commercial corner and the south side of the block west of 4 Fauview; and (3) the Hamline/Syndicate commercial azea."(p.4) "Ensure that the areas 5 on Grand Avenue West that aze currently doininated by residential land use remain so; 6 these azeas aze...(3) the area between the Snelling commercial corner and the Hamline 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 4� 41 42 43 44 45 46 47 48 49 50 51 commercial corner."(p.5) Again, the proposed rezoning would be inconsistent with the above two recommendations. 3. The rezoning is not consistent or compatible with the way the azea has developed and rezoning the property will have an adverse impact upon the neighborhood. This portion of Grand Avenue is primarily residential in nature. Across the street to the north the entire block face consists of residenrial uses. The block face, on which this property is located, is entirely residential with the exception of a nonconforming use (beauty shop) located three parcels to the east and a B-1 zoned anrique store located on the eastern corner of the same block. The remainder of the block consists of residential uses. Rezoning this parcel in the middle of the block to a commercial use would be spot zoning and would undermine the residential chazacter of this area. 4. The intent of the RM-2 zoning district states: "to provide for more extensive areas of multiple-fanuly residential development as well as uses related to the multiple-family residential districts, or uses which serve one family residential needs and require more extensive sites. The RM-2 district is fiirther pxovided to permit comprehensive development of multiple- family project so as to establish a balance of population concentration as related to major thoroughfares and transit and related facilities." The intent of the B2-C zoning district states: " to create a business district expressly for existing residential structures in commercial areas, which will permit the operation of businesses which do not generate lazge amounts of traffic and at the same time will retain the visual character of the building forms and open space associated with residential uses. This includes a limited height on buildings and front and side yards. It is fitrther the intent of this district to provide paxking for employees who work in buildings which are converted from residential to business use. The applicant submitted a sufficient perition of two-thirds of the properiy owners within one hundred (100) feet of the properry stating support far the rezoning (17 pazcels eligible, 12 pazcels required, and 13 parcels signed). WHEREAS, notice of public hearing before the Councii of the City of Saint Paul concerning the said rezoning petition was duly published in the official newspaper of the City on September 23, 1998, and notices were mailed to each owner of affected properry and property situated wholly or partly within 350 feet of the property sought to be rezoned; and WI�EREAS, a public hearing before the City Council having been conducted on October 14, 1998, where all interested parties were heard, the Council having considered all the facts and recommendations concerning_the petition resolved to deny the application to rezone the subject property and in doing so moved to adopt as its own the findings of the 5aint Paul Planning Commission as stated herein; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul does hereby deny the application of Don Frable and Steven Winover to rezone property at 1488 Grand Avenue, more ORiG1NAL 9�-'iU�� WI�REAS, under the provisions of Saint Paul Legislative Code § 66.409 and Minn. Stat. § 462.357, Don Frable and Steven Winover petitioned to rezoning properiy commonly lrnown as 1488 Grand Avenue, Saint Paul, Mimiesota from RM-2 to B2-C for the purpose of pernut6ng reuse of the properry as a commercial property. The said petition was certified by the pianning division on August 3, 1998, as having been consented to by at least two-thirds of the owners of tYte area of the properiy to be rezoned, and fiirther ha�ing been consented to by at least 67% of the owners of the properties situated within 100 feet of the total contiguous property within one year preceding the date of the perition; and WI�REAS, on September 3, 1998, the zoning committee of the Saint Paul Planniiig Conunission conducted a public hearing for the purpose of considering the rezoning perition pursuant to the requirements of Saint Paul Legislative Code § 64300 and Administrative Code § 107.03. All persons present were given an oppornuuty to be heazd. At the conclusion of the hearing, the zoning committee moved to deny the petition and submitted its recommendation to the Saint Paul Pianning Commission; and WHEREAS, the Saint Paul Planning Commission considered the rezoning petition at its meeting held on September 11, 1998. The Planning Commission recommended to the City Council that the petition be denied for the following reasons: The applicants haue owned this residential property since September 1997. Cunently, the applicants have an agreement to sell the property to Mr. John Becker confingent upon rezoning the property from RM-2 to B2-C. Mr. Becker intends to use the 1 st floor of this residential structure as an office for his State Farm Insurance agency. The second floor wiil be a residential living unit. Mr. Becker's business hours will be from 9:00 a.m. to 5:00 p.m., Monday through Priday. In addition to Mr. Becker, two other full fime employees will work in the office. 2. The rezoning is not consistent with the comprehensive plan. The District 14 Plan has the following land use recommendation: "Limit retail, commercial and multifamily housing expansion to azeas already zoned for such use."( p.4) Rezoning the properiy from residenfial (RM-2) to commercial (B2-C) would not be consistent with this recommendation. The 1983 Grand Avenue West Task Force parking and zoning report provides the following land use recommendations; " Provide opportunity for commercial growth in the commercial cluster azeas on Grand Avenue West: (1) The Cleveland commercial corner and the north side of the block west of Cleveland; (Z) the Grand Village area, from Macalester to the Fairview commercial corner and the south side of the block west of Fairview; and (3) the Hamline/Syndicate commercial azea."(p.4) `Bnsure that the areas on Grand Avenue West that are currently dominated by residential land use remain so; these areas are...(3) the area between the Snelling commercial corner and the Hamline commercial corner."(p.5) Again, the proposed rezoning would be inconsistent with the above two recommendafions. ORIGINAL �� The rezoning is not consistent or compatible with the way the azea has developed and rezoning the properiy will have an adverse impact upon the neighborhood. This portion of Grand Avenue is primarily residential in nature. Across the street to the north the entire block face consists of residential uses. The block face, on which this property is located, is entirely residenfial with the exceprion of a nonconforming use (beauty shop) located three parcels to the east and a B-1 zoned antique store located on the eastern corner of the same block. The remainder of the block consists of residential uses. Rezoning this pazcel in the xniddle of the block to a commercial use would be spot zoning and would undemiiue the residential character of this area. 4. The intent of the RM-2 zoning district states: °to provide for mare extensive azeas of multiple-family residential development as well as uses related to the multiple-family residential districts, or uses which serve one family residential needs and require more ea�tensive sites. The RM-2 district is furtlier provided to permit comprehensive development of multiple- family project so as to establish a balance of population concentration as related to major thoroughfares and transit and related facilities." The intent of the B2-C zoning district states: " to create a business district expressly for existing residential structures in commercial areas, which will permit the operation of businesses wluch do not generate lazge amounts of traffic and at the same tune will retain the visual character of the building forms and open space associated with residential uses. This includes a limited height on buildings and front and side yards. It is further the intent of ttus district to provide parking for employees who work in buildings which are converted from residential to business use. 5. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet of the property stating support for the rezoning (17 parcels eligible, 12 parcels required, and 13 pazcels signed). VJHEREAS, notice of public hearing before the Council of the City of Saint Paul concerning the said rezoning petition was duly published in the official newspaper of the City on September 23, 1998, and notices were mailed to each owner of affected property and property situated wholly ar partly within 350 feet of the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on October 14, 1998, where all interested parties were heard, the Council having considered ali the facts and recommendations conceming the petition resolved to deny the application to rezone the subject properry and in doing so moved to adopt as its own the findings of the Saint Paul Planning Commission as stated herein; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul does hereby deny the application of Don Frable and Steven Winover to rezone property at 1488 Grand Avenue, more particularly described as Lot 4, Biock 4, SutYUnit V iew from a RM-2 zoning classification to a B2-C zoning classification for the general reason that the application is not consistent with the comprehensive plan for the City and for the reasons articulated by the Saint Paul Planning 1 OR1GlNAL ��,d�� 2 particulazly described as Lot 4, Block 4, Sununit View from a RM-2 zoning classification to a 3 B2-C zoning classification for the general reason that the application is not consistent with the 4 comprehensive plan for the City and for the reasons articulated by the Saint Paul Planniug 5 Commission which are incorporated herein by reference and adopted by the Council of the City 6 of Saint Paul as its own; AND, BE IT, 7 8 FUR'I'HER RESOLVED, that a copy of this resolution shail be sent to the applicants, the 9 Planniug Adiniuistrator, the Zoning Aduiinistrator, and the Saint Paul Plamiing Commission. Requested by Department of: By: Form Appr d by City Attorney $Y � L✓�i►�. /�- �Y-'1� Adoption Certified by Council Secretary Approved by Mayor for Submission to Council By: � � gy Approved by May i.; ate t �• BY: Adopted by Council: Date � \ �0 ORIGINAL ��id�� Coxnmission which are incorporated herein by reference and adopted by the Council of the City of Saint Paul as its own; AND, BE IT, FURTHER RESOLVED, that a copy of this resolution shall be sent to the applicants, the Plauniug Admiiristrator, the Zoning Admiiustrator, and the Saint Paul Plamiiug Commission. Council Harris 266-8630 Nov. 23, 1998 11S51GN NUMBERFOR ROUTING TOTAL # OF SIGNATURE PAGES GREEN SHEET r��:liy�i3 �� =�d� No 62295 inniavoer. a.roouHw ❑ GRYATTORIEV ❑ CIIYCLiRR ❑ FI1sMCI0.1.iERNCFidR ❑ sILYM'J�LfERV��eCl6 ❑ WYOA(ORWtlTAMi� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Finalizing City Council action taken October 14, 1998 denying the application of Donald Frable and Steven Winover to rezone property from RM-2 (residential multiple-family) to B2-C (Community Business Converted) to allow conversion of a single family house to an insurance office use at 1488 Grand Avenue. PLANNING CAMMISSION CIB COMMITTEE CML SERVICE COMMISSION tSONAL SERViCE CON7RACf5 MUST ANSWFR TNE FOLLOWING Q Has fhis perso�rm ever w0�lced under e confraCt for this tleparlment'7 VES NO Has thie peraonlfirtn ever heen a cfly empbyeeT YES NO DoeB this person/firtn po88e55 a sldll not nwmaltypo6sessetl by eiry curteM Cily empbyee7 YES � Is Mie per�rm a targeted vendoYl YES h0 AMOUNT OF TRANSACYION S COST/itEVENUE BUDfiETm (CIRCLE ONk� YES NO ACTNITY NUMBER OFFICE OF Tf� CITY ATTORNEY / ClaytanM Robinson, Jr., CiryAttorney �J'—/�66 CIT`Y OF SAINT PAUL Norm Colemm�, Mayor m� CiviZDivision 400 City Hall IS West Kellogg Blvd Saint PauI, Minnesot¢ 55102 Telephone: 651266-8710 Facsimile: 651298-5619 November 20, 1998 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: Petition to Rezone Property at 1488 Grand Avenue City Council Action Date: October 14, 1998 Dear Ms. Anderson: Attached please find a signed copy of a resolution memarializing the decision of the Saint Paul City Council to deny the application to rezone the property above stated. Would you please have this resolution placed on the Council's Consent Agenda at your earliest convenience. If you have any questions, please do not hesitate to contact me. V ery truly yours, � �� u�yt/!'�L-. eter W. Wasner Assistant City Attorney PWW/rmb Enclosure ca James Zdon 9� f � DEPARTMENT OF PI,ANNING & ECONOMIC DEVELOPMENT �T CTTY OF SAIIVT PAUL Norm Colemarz, Mayor September 17, 1998 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Division of P(anrdng 25 West Fourth Street Saint Paui, MN SSIO2 Te[ephone: 612-2666565 Facsimile: 6S 2-228-3314 �?L��^x3 ,�`'s��a�.,s � """ .;�vf �� : � �S��v I would like to confirm that a public hearing before the City Council is scheduled for Wednesday Octoberl4, 1998 for the following zoning case: Applicant: File Number: Purpose: Address: Frabte, Donald C.1Winover, Steven # 98-205 Rezone property from RM-2 ( residential multiple-family) to B2-C ( Community Business Converted) to allow conversion of a single family house to an insurance office use. 1488 Grand Legal Description of Property: Lot 4, Block 4 Summit View Previous Action: Planning Commission Recommendation: Denial, vote: unanimous, September 11, 1998 Zoning Committee Recommendation: Denial, vote: 8-0, September 3, 1998 My understanding is that this public hearing request will appear on the agenda far the October 14, 1998 City Council meeting and that you will publish notice of the hearing in the Saint Paul Lega] Ledger. Please call me at 266-6559 if you have any questions. Sincerely, Jam�es � o�� City Planner •Frasrxtm• - - xaric� oF roaue �nxnvc The Saint Paul City Council will-conduct a public heazing on Wednesday, Oct6ber cc: File # 98-205 14. 1995 at 5[30 p in the GYty Council Chambers. Third Floor City Hall-Court P2u1 Dubnti0l - House, to_ consider the applicaUOn of FYable, Donald C./Winover. Staven�to rezone property from RM-2 (residential mulHple-faznily) to B2-C (Community "Business GEt1"y $OyCI Converted)�to allow conversion of a single famity house to an insurance office use�at 1485 GYand Avenue. - - - Dated: September 21. -1998 � . ' ' � � NANCY AN�ERSON � � : - - - Aseistant �ty Cou'ncll Sectetary . , - - _ (Septemba 23, 1998)_ _— q�- id�� CIT'Y OF SAINT PAUL Norm Coleman, Mayor DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Division of P[annirzg 25 West Founh Street Saira Paul, MN 55102 Telephan e: 6I Z-266-6565 Facsimi[e: 612-228-3314 October 1, 1998 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Pauf, Minnesota 55102 RE: Zoning File # 98-205 Frable, Donald C./ Winover, Steve City Council Hearing: October 14, 1998, 530p.m. to 6:30 p.m., City Council Chambers PURPOSE: To consider rezoning property at 1488 Grand Avenue from RM-2 (residential multiple- family) to B2-C (Business Community Converted) to allow conversion of a single family house to an insurance office use. � PLANNING COMMISSION RECOMMENDATION: Denial vote: unanimous ZONING COMMITTEE RECOMMENDATION: Denial vote: 8-0 STAFF RECOMMENDAT'[ON Denial SUPPORT: No one spoke. The Macalester Groveland Community Council did not take a position. OPPOSITION: One resident. Staff received seven letters in opposition. Dear Ms. Anderson: Mr. Frable and Mr. Winover submitted a petition to rezone property at 1488 Grand Avenue. The Zoning Committee of the Planning Commission held a public hearing on the proposed rezoning on September 3, 1998. The applicants failed to appear at the public hearing. At the close of the public hearing, the committee voted 8-0 to recommend denial of the rezoning. The Planning Commissio;n, on September 11, 1998, unanimously upheld the Zoning Committee's recommendation for denial. This proposed rezoning is scheduled to be heazd by the City Council on October 14, 1998. Please notify me if any member of the City Council wishes to have slides of the site presented at the public heazine. Sincerely, � � �o�n. James Z n City P ner cc: City Council members � Attachments 9� i�� city of saint pau{ pianning commission resolution file number 98-62 �te, Seotember 11. 1998 WHEREAS, Don Frable/Steven Winover, have applied under the provisions of Section 66.409 of the Saint Paul Legislative Code, for the purpose of rezoning property located at 1488 Grand Avenue from RM-2 to B2-C, legally described as (see file). WHEREAS, the Zoning Committee of the Planning Commission on 9/03/98, held a public hearing at which all persons present were given an opportunity to be heazd pursuant to said application in accordance with the requirements of Section 64.300 of the Saint Paul Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: � 1. The applicants have owned this residential property since September 1997. Currently, the applicants have an agreement to sell the properiy to Mr. John Becker contingent upon rezoning the properiy from RM-2 to B2-C. Mr. Becker intends to use the lst floor of tlus residential structure as an office for his State Farm Insurance agency. The second floor will be a residential living unit. Mr. Becker's business hours will be from 9:00 a.m. to 5:00 p.m., Monday through Friday. In addition to Mr. Becker, two other full time employees will work in the office. 2. The rezoning is not consistent with the comprehensive plan. The I?istrict 14 Plan has the following land use recommendation: "Limit retail, commercial and multifamily housing expansion to areas already zoned for such use."( p.4) Rezoning the property from residential (RM-2) to commercial (B2-C) would not be consistent with this recommendation. The 1983 Grand Avenue West Task Force parking and zoning report provides the following land use recommendations; " Provide opporiunity for commercial growth in the commercial cluster azeas on C�rand Avenue West: (1) The Cleveland commercial corner and the north side of the biock west of Cleveland; (2) the Grand Village azea, from moved by Wencl � seconded by i n favor Unanimous against Macalester to the Fairview commercial comer and the south side of the block west of � Fairview; and (3) the Hamline/Syndicate commercial area."(p.4) "Ensure that the azeas on Grand Avenue West that aze currendy dominated by residential land use remain so; these azeas aze...(3) the azea between the Snelling commercial corner and the Hamline commercial comer."(p.5) Again, the proposed rezoning would be inconsistent with the above two recommendations. 3. The rezoning is not consistent or compatible with the way the azea has developed and rezoning the properiy will have an adverse unpact upon the neighborhood. This portion of Grand Avenue is primarily residentiai in nature. Across the street to the north the enTire block face consists of residential uses. The block face, on which this properry is located, is entirety residential with the exception of a nonconforming use (beauty shop) located three parcels to the east and a B-1 zoned antique store located on the eastem corner of the same block. The remainder of the block consists of residential uses. Rezoning tfiis parcel in the middle of the block to a commercial use would be spot zoning and would undermine the residential chazacter of this azea. 4. The intent of the RM-2 zoning district states: "to provide for more extensive azeas of multiple-family residential development as weil as uses related to the multiple-family residential districts, or uses which serve one family residential needs and require more extensive sites. The RM-2 district is further provided to pernut comprehensive development of multiple- family project so as to establish a balance of population � concentration as related to major thoroughfares and transit and related facilities." The intent of the B2-C zoning district states: " to create a business district expressly for existing residential structures in commercial areas, which �yill permit the operation of businesses which do not generate lazge amounts of tr�c and at the same time will retain the visual chazacter of the building forms and open space associated with residential uses. This includes a limited height on buildings and front and side yards. It is further the intent of this district to provide pazking for employees who work in buildings which aze converted from residential to business use. �. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet of the property stating support for the rezoning (17 pazcels eligible, 12 pazcels required, and 13 parcels signed). NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission that the petition of Don Frable/Steven Winover to rezone property at 1488 Grand, more particulazly described as Lot 4, Block 4, Summit View, from a RM-2 zoning classiftcation to a B2-C zoning classification is not consistent with the Comprehensive Plan for the City; and BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to the Council of the City of Saint Paul that property located at 1488 Grand not be rezoned from RM-2 toB2-C in accordance with the petition for rezoning on file with the Saini � Paul Planning Division. �i� � Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul was held Friday, September 1 I, 1998, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Duarte, Faricy, Geisser, Morton, Nordin, Treichel, and Wenci and Present: Messrs. Gervais, Gordon, Johnson, Kramer, Marguties, McDonell, Nowlin and V aught. Commissioners Mmes. *Engh and Messrs. *Field, Kong, *Mardell, and *Sharpe Absent: *Excused Also Present: Ken Ford, Planning Administrator, Jean Birkholz, Tom Harren, Larry Soderholm, and Jim Zdon, Department of Planning and Economic Development staff; and Tom Beach from the Department of License, Inspection and Environmental Protection. I. Chair's A�nouncements � Chair Morton had no announcements. II. Planning Administrator's Announcements Mr. Ford announced that the City Council did approve the plat for William's Hill and the pawn shop moratorium resolution is in effect. Chair MoRon pointed out the revised agenda. III. �� 1„�Il`i�: Gerald Trooien for Alexandra & Associates LLC, River Corridor Modification, Setback Variance and Site Plan Review (Tom Beach, LIEP) Chair Morton read the rules and procedures for public hearings. Mr. Beach gave a short slide presentation and read the staff reports. He stated that Gerald Trooien is proposing to build a 4-level parking ramp with 996 parking spaces. The ramp will be located west of Davern and nodh of Shepard Road in the packing lot of the oid Unisys Building, Mr. Trooien has renovated the old Unisys Building and U.S. Bank is in the process of moving into the building. Some of the spaces in the ramp would be used by U.S. Bank employees; the rest would be used for airport parking. To build the ramp, Mr. Trooien needs approval from the Planning Commission on three items: 1) a rivet corridor modification - the ramp will be 42.5 feet tall (the maximum height is 40 feet in a river corridor); 2) a setback variance is needed - the ramp is proposed to be setback 15 feet from the north � property line (the required setback in I-1 districts, residential property, is 1'/z times the height of the building or 65 feet, in this case); the requested variance is 50 feet; 3) a site plan review, required for any parking facility. Commissioner Nordin asked how many parking spaces are required by the zoning ordinance for meeting on Thursday, September 17, 1998. � #98-205 Donald C. Frable / Steven Winover - Rezone property from MR-2 (medium-density; low-rise multiple-family residentiai district) to B2-C (community business-converted district) at 1488 Grand Avenue (Jim Zdon, 266-6559). MOTION: Commissioner Wencl moved to deny the requested rezoning ofproperty from MR-2 (medium-density; !ow-rise multiple family residential district) to B2-C (communiry business-converted district) at I488 GrandAvenue, which carried unanimously on a voice vote. Commissioner Wenc! read the agenda for t11e next Zoning Committee meeting, September 17, 1998. V. Guest Presentation Plans for Ramsey County Facilities in Saint Paul, Julio Mangine, Director of Property Management for Ramsey County. Chair Morton announced that Mr. Julio Mangine would not make the presentation today because his son was inyolved in a printing press accident last evening. While another person is here to make the report, this item will be rescheduled because there is not enough time remaining this morning. VI. Comprehensive Planning Committee No report. VII. Neighborhood and Current Planning Committee No report. VIII. Communications Committee No report. IX. Task Force Reports Commissioner Gordon announced that the Ayd Mill Draft EIS is out and commissioners will see it soon. X. Old Business None. XI. New Business None. XII. Adjournment � � 11 �� iot� l� � MINUTES OF THE ZONING COMMITTEE Thursday, September 3, 1998 - 3:30 p.m. City Council Chambers, 3rd Fioor City Hall and Court House 15 West Kellogg Boutevard � � PRESENT: OTHERS PRESENT: Gervais, Gordon, Faricy, Field, Kramer, Morton, Vaught and Wencl Peter Warner, Assistant City Attorney, Geri Boyd, Martha Faust, Larry Soderholm, A�fan Torstenson and Jim Zdon of PED The meeting was chaired by Commissioner Fie�d. DON FRABLE/STEVEN WINOVER - Zaning Fiie 98 -205 - Rezone property from RM-2 (Medium- density; Low-Rise Multiple-Family Residential District) to 62-C (Community Business - Converted District). Jim Zdon, PED, gave a slide presentation and reviewed the staff report. Mr. Zdon stated staff recommended denial of the rezoning. The applicants, nor any representative, appeared on their behalf. Upon question of Commissioner Faricy, Mr. Zdon stated that a copy of the report was sent to the applicants. Mr. Zdon further stated that he spoke to the applicant previously and expressed to him the impo�tance of appearing at the hearing. Mr. Frable stated that he would possibly be on vacation, and if so, his partner would be here. << Art Punko, 1463 Grand Avenue, appeared in opposition of the rezoning. Mr. Punko explained that a neighborhood meeting was held regarding this issue, and approximately 15 people showed up. He further stated that the majority of the people were in opposition of this rezoning. Mr. Punko expiained his reasons for the oppositions were a"spot" rezone is not consistent with the Grand Avenue plan, concern for future tenants, and having a business in the center of the residential block could set a precedent for other businesses. Mr. Punko further expressed that of the people who attended the community meeting, there is a strong commitment to preserving the character of the neighborhood. No one else spoke. The public hearing was closed. Commissioner Vaught moved the staff recommendation with the following addition, that by the date of the next Planning Commission meeting, tttere would be a folfow-up on the names of people who claim to have withdrawn their consent, or did not in fact sign the petition. The motion was seconded by Commissioner Kramer. Commissioner Gordon suggested that if the informatiDn is found to be accurate, possible crimina� action should be iaken. Zoning CommilYee Minutes September 3, 1998 Don Frable/Steven Winover (98-205) Page 2 There was no further discussion, and the motion was cailed recommending denial of the rezoning. Adopted Drafted by: �� Geri Boyd Recording Secretary Yeas - 8 Nays - 0 Submitted by: � � � m Zdor� Southw� Team Approved by: Litton Field Chair � � � 9t� io�/ �� Stephen J. Bubul and Lee S. Lewis 1493 Lincoln Avenue 3L Paul, Minnesota 55105 September 1, 1998 Zoning Committee 25 West Fourth Street I 100 City Hall Annex St. Paul, MN 55102 RE: Zoning File No. 98-20� Rezonin� of 1488 Grand Avenue Dear Committee Members: We own and occupy the house at 1493 Lincoln Avenue, almost immediately across the alley south of 1488 Grand Avenue. We understand that the applicant has requested rezoning of that property from RM-2 to B2-C. Neither of us is able to attend the public hearino on this rezoning on September 3, 1998, bui would like to submit these comments for the Committee's consideration. � While each of us signed the applicanYs petition (as property owners within 100 feet of the property), we have had time to consider the issue and have concluded that we oppose the rezoning. Our primary concern is that rezoning to allow commercial uses in the middle of the block will disturb the balance between residential and commercial uses in the neighborhood. One of the major attractions of living in St. Paul, and this area in particulaz, is the presence of strong residential communities with commercial amenities neazby. Indeed, our property is just one block away from the commercial node at the intersection of Grand and Snelling. Most residents in the azea, we think, enjoy having retail and services within walking disiance, and understand tha± Grand Avemae is a comsnercial/residential mix. At the same time, though, the character of the area is a balancing act. If commercial uses spread east from Snelling, the "node" will become a strip. Parking, which is not yet a problem, will become scarcer, and the residential appeal in the vicinity of Grand will diminish. Once the middle of the block is rezoned, there will be little reason to deny any subsequent applicant. It is therefore easy to imagine that the block will drift toward the predominantly commercial pattem found elsewhere on Grand Avenue. As residents who shaze the alley with this property, we also worry that the change will � reduce neighborhood safety. The concern is not that commercial uses will bring crime, but that fewer people will be present around the clock. Our block, which has been s�a-ia9sss suaoo-s relatively free of problems until recently, has had three incidents this summer. It cannot . help matters to reduce the number of people living on and using the alley. Further, we think it is important to maintain a mix of housing types for a variety of income levels. (That's another reason we like to live here.) The proposed rezoning will remove another unit of modest, affordable housing from the local housing stock, at a time when affordable housing is in critically short supply. We recognize that the applicant intends to rent the upstairs unit for residential purposes, but the downstairs unit is most likeIy lost for housing purposes. And, there is no guazantee that the upstairs unit wiil remain residential over time. Finally, while the applicant's proposed use (an insurance office) is not objectionable by itseif, we hope the committee focuses on the broader land use question: should this block move toward commercial uses? Many other uses are of course possible in the B2-C district, including retail sales and contractors. (As the committee will no doubt heaz from other neighborhood residents, a contractor who occupied property just a few houses away created significant conflicts.) The issue is not this applicant; it is the proper zoning for this property, in this block, in this neighborhood. For these reasons, we urge the committee to maintain the RM-2 classification. Thank you for the opportunity to voice our concerns, and we hope you will make a decision that puts the lona-term interests of the neighborhood first. Tf committee members or staff have questions of us, we can be reached at 699-1330. � y Yours, �.� h-/ �"� . Bubul Lee S. Lewis � i SJB-I49355 euaoas �?7 `��l°y° 03i0'>i199d 14:58 FkOM M.P. DRNIELSt7h1 tiDVERTISING T�J 6383465,_ _ .__ P.01 � 913J98 Michael Da.v.eL4on & Diana Dan.ielaon 1464 Summit 7+venue Sdint Paul, 1�N 55105 � aze a�osed to the rezoning of the 1488 �rand a�,n� P�..yty tp a 52�. 2Ysre is alzea3y way to inxt� traffic a� �jesti� tysiig p�scal as a crossoc�s. Vety da�as� for our c^�� 1.t,�r. y7e lived k�e�e for 11 years ard wa„zt to rt�lce this d fani2y r�ea,ghborYa�od_ SinCerely �y.-�...��'. �� s� � ��.� niac,a oanielson m � � September l, 1998 Mr. Jim Zdon, Zoning Office 25 West Fourth Street I100 City Hall Annex St. Paul, MN 55102 Mr. Zdon: We attended a neighborhood meeting on Monday, August 31, 1998 at 1463 Grand Avenue regarding the re-zoning of 1488 Grand Avenue which is located next door to us. We are a[ 1492-1494 Grand Avenue. The attached petition was passed around and our forged signatures were on it. We are against the re- zoning and did not sign a petition to support it. Thank you for your assistance in this matter. We can be reached at 690-5839 or 699-6863 if you have � qaestions or concems. m Sincerely, Joseph Urbanski Sr., Kathy Urbanski, and Joseph Urbanski Jr. t!� � I�:.�tn�c.� � _ / � - � � 9� -io�� De-� Co��c�� iM��.��J� �,�, w�i-�� v F��;�� G�� V'� Zo� � v� � o-� l�f�'� G�� o( f4 �� u-'-e �vPU'Q W I'oc�iP� �� '��'•fv�bl�e/v�r• (�(/��:�d�P�� u��e afd�PV; h 5, y<��'��5, �,u� e�1 -f��y � . , - /4 ��`\ y � �e� _ . ,. . " , VV.C' '�- l7NC�✓P..T'� �4�7Z C� v'�r�1�i flvp. ��G � ��V1 Pc( �l�e i✓' �'P��teS`� - � - o Si��, -f'�eir �P-�-i-�-i�h � v� - f'��P , b�s�'S -�-b1 �� i,v � C-C4lm Q 'W '�1 i S S PG�� Q✓� c� � ��1 �-��. S�ec��ic(J �c�ct��s� f��v� � c�,�s ��l�>�� • y�. S�s�P� �� l 5�� w� o�,,� �; -�e s�- vi �� S d w, �- e 5 u� r� we�r� i �� v-�S-�--i r� l Y� ��ov� 5 f�✓� r� b � 5 i nP 1' S- �� v��w �vSi��'ss o� �'h�P .�IoC,G' 1� { � �1 h�l (�c9S G )4I w � � � �7 � �I-w2 P V1 � �v� fl �3 ) /,. ✓ i o�1 � ✓� �4 v� lr� � v� be i n ol i rec,� eovn}�� o�l J ' � J S ��,PS S ,� '�� -� � v i� �c� 1' n S S��C�S � /� / �.vereiv� h�S ��@� -� ��-'Si�P55 �l-o✓� ZS�Pc�j �.v e Gl t ��, ll �� C�11� 11 c� � -� �,� e rl e i�r- `7 1 c✓ �rao��l J , �.-• r� S 1� �� S �C "1v�� 5�� \� ��4��'� G e� . L-��S �J�l� �se �� U� ef I�io�l� �-e 1 ` �� 0�2 i'1 4^f c'ti�� i��5 'f—�'1 �7—'� �� ;�c��-(.� f�� G��+�%�� _ FROH :CGRP GROUFS 612-667-2455 1999.09-0'_ 10:10 SS» P.02/�2 September 1, 1998 Re: Re-Zoning of Property x.ocated at 1488 Grand Avenue, St. Paul O�vned by Donald Frable and Steven Winover Mecting to be held September 3,1998 Deaz Mr. Zdon: I live within 100 feet of fl1e properry locatcd at 14SS Grand Avenue, St, Paul. I previously had signed a petition in favor of allowing commercial re-zoning at the above referenced property. I signed this petition aFter receiving extremely limited, and I now belie�e, misleading information. I was approached to sign only one day prior to the deadline for sianatures, and it �vas implied that all the other residents had approved, lt w�u also stated that the potcntia! purchsuer was nitending on tiving at the residence while operating lhe insursnce agency. tt was represrnted thxt the re-zoning need was only necessary tn allow an owner/operafor residence situation. I misunderstood that once d�e k�roperty was re-zoned, altowing die insurazice agency to operate, it was permanently available for any type of commercifil busine�s in the future. I am noW aware of the immediate and potential future impact of this re-zoning and would like to withdmw m a roval. Please feel free to contact me, or my wife,lonel(e Branca, if you would like to discuss dzis furcher. �lLcri� �j''i�n� Louis J. Branca 1499 Gnnd Avenue St. Paul, MN 55105 612-690-2832 home 612-951-5225 officc Jonelle Branca 612-687-2664 office � � � � S�P 03 'S8 11�47 MN SENT 6l COMfi � September 3, 1998 Deaz Mr. .Zdon: �'�-ia � P.2 I am writing regarding the proposed rezoning of 1488 Grand Avenue (File Number. 98-205). My wife Cazol and I have owned our hnme at I515 Lincoln Avenue since 1985. We aze opposed to this change for two reasons. One is the continuing increase in trafFic in our neighborhood resul[ing from added businesses in general. During the time we have lived here, business has expanded dramatically at the comer of Snelling and Crrand. 'While this development is of some ben�t, it has a2so increased traffic congestion si�nificantly. Cazs are now sometimes backed up for two blocks from Sneliing to Pascal. That is a problem in terms of its impact on ihe character of the area and additional noise and exhaust fumes, but also an increasing number of drivers now seek to circumvent this bottleneck by driving down Lincoin Ave. They do so at a high rate of speed, creating heavier, noisy traffic on our street and a very reaI danger to children. Similazly, there is increased traffic down Sazatoga from drivers turnin� ofFof Grand to avoid a left turn at the Crrand/$nelling intersection; these drivers too drive faster than the speed limit, and very few observe the posted stop sign at Lincoln. Aside from the unpleasant increase in traffic, clearly, this is a very dangerous development. We have observed innumerable near-mishaps of aIl sorts from the diverted traffic. � Another reason we oppose the rezoning is ihe change in character of the neighborhood --- from simply the presence of another business property. Grand Avenue is, as we understand, a mix of residential and canunercial properties. Again, as residents we appreciate the unique chatacter of the azea resulting from such zoning. But adding a business at 1488 would czeate problems: the additional on-street pazking causes inconvenience for the neazby residents, and the required off- street parking creates an eyesore for those who wish to live in a neighborhood with a residenria] atmospheze. That residenlial character is certainiy what we ourselves chose in purchasing our home heze, and we do not want that to change, --- both for maintaining the atmosphere and for protecting the value of our hame. In summary, despite the benefits, there is a poinY at which the residential properties suffer from added businesses, and we feel that we are at thai point in our neighborhood. The impact of the development at Grand and Snelling is already quite noticeable terms of quality of life, and as a result the problems from adding yet another business at the 1488 site seem � amplified. We consider this change ill-advised and contraindicated and we request that you deny the request to rezone. � Thank you for your consideration of our concerns. T may be reached at home at 698-8792 or at work at 282-6286. Si��rel / l S� n K. Schete ZOIVING COMMITTEE STAFF REPORT FILE # 98-205 1. 2. 3. 4. 5. 6. APPLICANT: FRABLE, DONALD CJ WINOVER, STEVEN DATE OF HEARING: 09/03/98 CLASSIFICATION: Rezoning LOCATION: 1488 Grand Avenue PLANIVING DISTRICT: 14 LEGAL DESCRIPTION: Lot 4 Block 4 Summit View PRESENT ZONING: RM-2 ZOiVING CODE REFERENCE: Section 64.400 STAFF INVESTIGATION AND REPORT: DATE: 08/26/98 BY: James Zdon 8. DATE RECEIVED: 08/03/98 DEADLINE FOR ACTION: 10/02/98 A. B. C. D. PURPOSE: Application to rezone from RM-2 to B2-C PARCEL SIZE: The pazcel is 50' X 150' for a total of 7500 squaze feet. EXISTING LAND USE: Single famiiy residential structure in a RM-2 zoning dishict. SURROiTNDING LAND USE: North: Single family residential structure in a RM-2 zoning district East: Triplex residential structure in a RM-2 zoning district. South: Single fanuly residential structure in a R-4 zoning disirict West: Duplex residential structure in a RM-2 zoning district. E. ZOIVING CODE CITATION: Section 64.400(a) states in part, "the council may from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes SecTion 462357 and amendments thereto as may be make from time to time. The planning commission may from tnne to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed. � � � 9�'�� Section 64.400(b) states in part that "an amendment to the zoning cade may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned." F. HISTORY/DISCUSSION: None G DISTRICT COtJNCIL RECOMMENDATION: Because the Macalester-Groveland Community Council does not have a scheduled boazd meeting until after the 9f3l98 public hearing, the Macalester-Crroveland Community Council has not taken a position on the rezoning application. H FINDINGS: The applicants have owned this residential property since September 1998. Cunently, the applicants have an agreement to sell the property to Mr. John Becker contingent upon rezoning the property from RM-2 to B2-C. Mr. Becker intends to use the 1 st floor of this residential structure as an office for his State Farm Insurance agency. The second floor will be a residential living unit. Mr. Becker's business hours will be from 9:00 a.m. to 5:00 p.m., Monday through Friday. In addition to Mr. Becker, two other full time employees will work in the office. � 2. The rezoning is not consistent with the comprehensive plan. The District 14 Plan has the following land use recommendation: "Limit retail, commercial and multifamily housing expansion to areas already zoned for such use."( p.4) Rezoning the property from residential (RM-2) to commercial (B2-C) would not be consistent with this recommendation. . The 1983 Grand Avenue West Task Force parking and zoning report provides the following land use recommendations; " Provide opportunity for commercial growth in the commercial ciuster areas on Grand Avenue West: (1) The Cleveland commercial corner and the north side of the block west of Cleveland; (2) the Grand Village azea, from Macalester to the Fairview commercial corner and the south side of the block west of Fairview; and (3) the HamlinelSyndicate commercial area."(p.4) "Ensure that the azeas on Grand Avenue West that are currently dominated by residential land use remain so; these azeas are...(3) the area between the Snelling commercial corner and the Hamline commercial corner."(p.5) Again, the proposed rezoning would be inconsistent with the above two recommendations. 3. The rezoning is not consistent or compatible with the way the area has developed and rezoning the property will have an adverse impact upon the neighborhood. This portion of Grand Avenue is primarily residential in nature. Across the street to the north the entire block face consists of residential uses. The block face, on which this property is located, � is entirely residential with the exception of a nonconforming use (beauty shop) located tluee parcels to the east and a B-1 zoned antique store located on the eastem comer ofthe same block. The remainder of the block consists of residential uses. Rezoning this parcel in the middle of the block to a commercial use would be spot zoning and would � undermine the residential chazacter of this azea. 4. The intent of the RM-2 zoning district states: "to provide for more extensive areas of multiple-family residential development as well as uses related to the multiple-family residential districts, or uses which serve one family residential needs and require more extensive sites. The RM-2 district is fiirther provided to permit comprehensive development of multiple- family project so as to establish a balance of population concentration as related to major thoroughfares and transit and related facilities" The intent of the B2-C zoning district states: " to create a business district expressly for existing residential structures in commercial azeas, which will permit the operation of businesses which do not generate large amounts of traffic and at the same time will retain the visual character of the building forms and open space associated with residenrial uses. This includes a limited height on buildings and front and side yazds. It is further the intent of this district to provide parking for employees who work in buiidings which aze converted froFn residential to business use. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet of the properry staring support for the rezoning (17 parcels eligible, 12 parcels required, and 13 pazcels signed). STAFF RECOMMENDATION: Based on findings 2 and 3, staff recommends denial a of the application to rezone the properiy at 1488 Grand from RM-Z to B2-C. � 9�-ia�� PETITION TO AMEND TNE ZONING CODE Depart�nent ajPlanning and Ecor.omic Developrner.t Zoning Secfion II00 CiIY I�all AnnPx 25 T3'est Fourt/t Street Saini Pnui, MN 55701 266-6589 APPLICANT � Property Owner��ti.v �z � • r>� �.� � Sf-�„ �ti K� � - PROPERTY LOCATION CityS7'. s�' / St��"L iof Daytime e ,� 3 S - �S� � Contact person (if different) Address/Locati G�',a.- ; /� Legal description L v-h �/ ��`"" �/ S� M �,�- �. � (attach additional sheet if necessary) TO THE HONORABLE MAYOR AND .CfTY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statu=s, , the owner of ail the land proposed for rezon:ng, hereby petitions you to rezone the above described property from a. �M - a- zoning district to a j�-- J- � zoning distric�, for the purpose of: �� G �� (a!tzch addrtional sheet(s) i° necessa.ry) 1 � Attachments Required site plan ❑ Consen; petition LJ Affidavit � Subscribed and sworn to � �� b=fore me this �� n day By: d ,, � of � g"{� Fee owner oi propery � 1 ( - r�tiA: Page 1 of '�,: ��„��Q��'�I.4tYPU��C�diNNESOTA RAMS E�peoun�v nhy Commis:�cg,e ��°s d:r. 7..... "" ", �-r+a^;�.y'r . _� , . � STATE FARM 0 � INSURANCE 3 ,...f...<_..:a3Y:.... ' , . 3 i e � 3.:3 3' 103ZC.mntLAvrnue St Paul, NIN 55105 612242.8Q96 phone 612.2920138 fa< July L0, 1998 Dear Neighbor: stopped by today seeking signauues for �pioposedRe-Zoning of 1488 Gtand Avenue. T[tis xfsed Re-Zoning would convert the cuirentRM-2 �vfulti-Family) designation of 1488 Grand riue to a B-2C {Community Busin�ss Converte� d�signation. the Re-Zo effort is to make the progerty usable as a new office for the State Farm ency of John-B€�kc�-soupled wiik a-�.�k�ing unit on thg secan�-IIoor of the � State Fatm affueiscuxrently Icic�ted �1A32 Crra�id Avenue, arith-busiziess hnurs of i:00 p.m. A4aad�y-threugh-Frida� 'I11ese keursweuld remain cons[ant-a�ith JoLn's dd the veGy_lonc.nvmt�eLOf walk-iu_clientsrmost of Jolw's businessisconduded by ��r}�ua��ooldng forn�azdtaa-mauaxa1488 L'uaud-Auenue,and is dedicated.tn-the presenzation-0f the r' S1kI8I�, II0lghborhOOd Peoh.,_na_hr nirt_ �tiv en}O}'S�C*ranri AvrmiP' He iS 215QSCtgexCltedBbnut th2 prospec[ of locating hisagencg i�a §am� whisl�-fi�sU�eem�unity values e€bstl�-lusagencgasd his company. Ifyou have any questiensabea�tkisgregosa�-pleas�f�l-�te-sall JoLnBecke�at-242-5(14�, or contact ihe cuxrent owner of 1488 Gtand Avenue, Donald Frnble, at 225-3988. If we did not kiave the opportunity to meet yo�to�a}�,- w�will-s[op h3�agauE-soeata-a�swer any qu�stiens-as sance�nsyou may t�ave. Thank yo � Jv` John Becker Donald Frable ...................... � � � �o�� August 24, 1998 Zoning Committee 25 West�th Street 1100 City Hall Annex St. Paul, M:.. 55102 To the Committee: We have received notice of a request for rezoning of 1488 Grand. Zone fine number 98-205. I have one auestion and one concern. Question: Is there another way for Mr. Frable aad Mr. Winover to meet their current business objectives without rezoaing? What do they really want here? Our concern is not for any "now" request for a business. Our concern with rezoning is that the business strategy of any hot shot buyers will be to resell in five years to a congolmerate or corporation who wants to bu:ld a huge hignrise on Grand or do a shopping mall. � Saying that this is not the intention will not help five years from now. Enough rezoned properties in one block can make it happen because they will be privately owned an3 open to sale. Rezoning one property may be your intention not the intention of the those requesting the rezoning. It was not the intention of whoever passed the benign ordin- ance regarding the right to "small business" in people's houses of adversly affect the neighborhood. On the corner of Pascal and Osceola one guy is running a lawn service/snow nlowing business with multiple trucks, equipment and manpower choxing the street. That wasn't intendeci either. The benign ordinance was not written with his intentions or plans in mind. Now the entire neighborhood has to live with it. A change without safeguards is a set-up for someone who has a lot more ioresight to his own profit than he is going to tel: you aboui. We do not want the "converted district" part of this. What are they planning 'to convert it to? Another housing unit for college students? This is too general a request. Tt is for personal profit at � everyone else's expense. Us today, you tomorrow. Thank you for your time. �� g��_�� Jim & Sharon Lethert 1492 Li�coln St. Paul, MN 55105 Post-it° Fa�c Note CITY OF SA� Phane # CONSENT OF ADJOINING PR Fax# �, � y� REZON S / i'/�}. `tnE. a /', d'e.. JA.a.-e Mc.3r•'�.� �Y.�'7� G.pH/ 2aKt/ ('yza<f� � f i SYPN �.S�G .l / S %`c � N �7 r, .G n/ �p6�PfiL� '�jE /y}f}N�1 �Ve, ilie undersi�ned, otvnets of the property tivithin 100 feei of tlie total contiguous description of real estate o�vned, purchased, or sold by THE PET[TIONE2 within one year preceding the date of this petition ackno�vledoe that tive have been presented with ihe Followino: I. A copy of tlie petition of Donald C. Frable and Steven D. Winover (name of petitioner) to rezone the property located at i 4ft� �.,,,,� evAnuP St�u7�`�.Y SS? n� , from a RM_? Z.ot]iRo �istricf to a R_?(: 2onin� district. 2. A copy of sections 60. 571 tlirouah 60. 575 , inclusive of the Saint Paul Zoning Code; and acknowledge that �ve are aware of alt of the uses permitted in aB-2C zonina district and �ve are aware that any of these uses can be establislted upon City Council approval of the rezoning. We herehy consent to the rezonina of the property in the petition of; Donald C. Frahla and StevPn D. WinovPr to� �- zoningdist�ict. (Name of petitioner) �Ve consent to the approval of this rezoning �s it w.►s explained t� us by the �PP��cnnt or his/her representative. �� f�� .�� -GL`1�I -17-F lvg3 �� .�.� �. � � �l �Ec, �l/� � f L f 77 �^iY�(ll2 /� � , �cF�3 �;ri�o/w Gr, 1 `E� �� ,- �, t`I�3 (,�v�� 7 y C C (� IS�� -•. Nt-15�s �g�� Date pages� �,. .-�QC From �d oo. � /� Phone # �/el "L7 � � ` � 3 - `( c �-/ '� -� ?- `� sl � - z r� ?- �?-5 � 7-1 -R_�-k-. i�-�3-�� 7<<� f i o�t'�s -� r'r�-�'ic� �� z�_ q NOTE; This petition shalf not be coasidered as officially'fcl�duntil the lapse of seven (7) working days after it is received by tiie Planning Division. Any siguator of this petition may withdraw his/l�er name tl�erefrom by ��Titten request within that time. � � 9� io�l CITY OF SAINT PAUL � CONSENT OF ADJOINING PROPERTY O�VNERS FOR A REZONING We, [he undersi�ned, owners of the property within ] 00 feet of the rotal contiguous description of real estate o�vneci, purchased, or sold by THE PETITIONE2 within one year precedina the date of Ihis petition ncknowledoe that we have been presented tvith the foliowin�: A copy of tl�e petition of Donald C. Frable and Steven D. Winover (name of petitioner) to rezone the property located at i kftft l7y�anA �yanna St,, pa»> � SSl (1� from a RM-7 zoning district [o a g_�� zoning district. �� 2. A copy of sections 60. 571 dvouoi� 60. 575 , inclusive of the Saint Paul Zoning Code; and acknowled�e that we are aware of all of [he uses permitted in aB-2C zonino dis[rict and we are aware that any of these uses can be established upon City Council approval of the rezoning. We fiereby consent to the rezoning of the property in t}:e petition oF, nona� d C. Frabl P and St.P=ren D. Wi nover to a � zoning district. (Name of petitioner) "4Ve consent to the �pprov�l of this rezoninb �s it was exPlained .to us Uy the �pplic.int or l�islher represent:�tive. NOTE: Tlus petition shall not be considered as officially fited unti( the lapse of seven (7) �vorkina days aRer it is received by tlie Pllnning Division. Any signator of this petition may widldraw his/her name therefrom Uy written request within tha�t Cime. CITY O�' SAINT PA�3�, CONSGNT Or ADJOINING PROPERTY OWNERS I'OR A � REZONING We, the undersianed, o�vners of the property within 100 feet of the total contiguous description of real estate o�vned, purchased, or sold by THE PET[TIONER within one year preceding the date of [his petition �cknowledge that we have been presented tvith the follo�vino: A copy of tlie petition of Donald C. Frab2e and Steven D. Winover (name of petitioner) to rezone the property located at i 1�RA r.,-A.,.� n S{� Pfli� MN �Sl (15 from a RM_? zoning district to a n_2r zonine district. 2. A copy o(sections 60. 571 tlirough 60. 575 , inclusive of the Saint Paul Zoning Code; and acknowled�e that we are aware of ali of [he uses permitted in aB-2C zoning district and we are aware that any of these uses can be establislied i+pon City Council approval of the rezoning. \Ve hereUy consent [o the rezonino oPthe property in the petition of; Tk�nal d C. Frabl e and Steven D. Winover to a R-2C ZOnin� dist[ict. (Name of peti[ioner) We consent to the approval of Yhis rezoning as it �v�s exp]ained.Yo us by fhc �nnlirant m- hic/hrr renrrcrntntive. � r� � ❑ NOTr: This petition sha(I not be considered as officially filed until the lapse of seven (7) working days 1Cter it is received by the Planning Division. Any signator oEthis petition may widldraw his/her name ihcrcfrom Uy written request within th:�t time. 9� i�� ZONING PETITION SUFF'ICIENCY CHECK SHEET REZONL�iG SCUP IrCUP � FIRST SUBMITTED DATE PETITION SUBMITTED: �� d DATE OFFICIALLY RECEIVED: � �S' 3-I� PARCELS ELIGTBLE: PARCELSREQUIRED: PARCELS SIGNED: l� � � 1 RESUBVIITTED DATE PETITION RESUB�fITTED: DATE OFFICIALLY RECEIVED: PARCELS ELIGIBLE: PARCELSREQUIRED: PARCELS SIGNED: . CHECKED BY: � � DATE: U � � �� z o rv � N �� 9�-��5 i � � 1. SLTNRAY-BATTZECREEK-HIGHWOOD 2. HAZEL PARK HADEN-PROSPERITY HILLCREST 3. WEST SIDE 4. DAYTON'S BLUFF 5. PAYNE-PHAI,EN 6. NORTH END �. THO�fAS-DALE 8. 9. 10. 11. 12. 13. � 15. 16. 1�. SUMMIT-LTNIVERSTTY WESTSEVENTH COMO HAMLINE-MIDWAY ST. ANTHONY PARK MERRIAM PARK-LEXINGTON HANfLINE-SNELLING HAMLINE MACALESTER GROVELAND HIGHLAND SUMMIT F�I.L DOWNfOWN ZONING FILEa�"Z� , CITIZEN PARTICTPATION PIANNING DISTRICfS 9 �-io� � ��=-- , ^ : __.._��..� ....._.. ; ^== i �_ �, ....... '� =_ c; �� -_.-. j I��'� � f a ',,..� � _ I� � O l ;�'�� _ 1.�.�—��7 '�= � I ,�'�� 1�_� � ;,� \ , 1 � ., ��; ,.� . .:.... .. '� ::.:::: DISTRICT 14 ( � ' �' (' � ° !i� y _ GROVELAND–MACALESTER � �� ;�- � � � �� 31��rn ; •.,��_ .r: —� .� '� ,. ,.� � ' ` � I �- �� t — -- , �, u �i � � J� � t / � � w m _i Q , ` � � � r r Z APPUCANT � --- v�� vv�•v►v �w•v � y,, C PURPOSc �ww••�^! FILE N � G�/� DATE v�� PWG. DfST._! �— MAP n--I_SL__ ��^ � "� _� _ LEGEND ...�,..�., zoning district bouridary �%////%/// . - « • . • ■ i 0 one tamily � two family S5,-� � multiple family CITY n �RFt� o e n COmlilctC�d� d csosc Ii1C�U$�;If:� V VdC��"1i � _ _ —_,�-._---- .s;<.�- � .__ I �' 4R�G1#VAL Council File # 9� /�� Green Sheet # �o a� � RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Presented By Referred To Committee: Date 2 WIIEREAS, under the provisions of Saint Paul Legislative Code § 66.409 and Minn. 3 Stat. § 462357, Don Frable and Steven Winover peritioned to rezoning properry commonly 4 known as 1488 Grand Avenue, Saint Paul, Minnesota from RM-2 to B2-C for the purpose of 5 permitting reuse of the properiy as a commercial property. The said petition was certified by the 6 planning division on August 3, 1998, as having been consented to by at least two-thirds of the 7 owners of the area of the property to be rezoned, and fiuther hauing been consented to by at least 8 67% of the owners of the properties situated within 100 feet of the total contiguous property 9 within one yeaz preceding the date of the petition; and WHEREAS, on September 3, 1998, the zoning committee of the Saint Paul Planning Commission conducted a public heazing far the purpose of considering the rezoning petition pursuant to the requirements of Saint Paul Legislative Code § 64300 and Administrative Code § 107.03. All persons present were given an opportunity to be heard. At the conclusion of the hearing, the zoning committee moved to deny the petition and submitted its recommendation to the 5aint Paul P12miiug Commission; and VJHEREAS, the Saint Paul Planning Commission considered the rezoning petition at its meeting held on September I 1, 1998. The Planning Commission recommended to the City Council that the petition be denied for the following reasons: The applicants have owned this residential property since September 1997. Currently, the applicants have an agreement to sell the property to Mr. John Becker contingent upon rezoning the properiy from RM-2 to B2-C. Mr. Becker intends to use the lst floor of this residenrial structure as an office far his State Farm Insurance agency. The second floor will be a residential living unit. Mr. Becker's business hours will be from 9:00 a.m. to 5:00 p.m., Monday through Friday. Ir, addition to Mr. Becker, two other full time employees will work in the office. 2. The rezoning is not consistent with the comprehensive plan. The District 14 Plan has the following land use recommendafion: "Limit retail, commercial and multifamily housing expansion to areas already zoned for such use."( p.4) Rezoning the properiy from residential(RM-2) to commercial (B2-C) would not be consistent with this recommendation. The 1983 Crrand Avenue West Task Force parking and zoning report provides the following land use recommendarions; " Provide opportunity for commercial growth in the commercial cluster areas on Grand Avenue West: (i) The Cleveland commercial corner oR��NA� ��,d�� 2 and the north side of the block west of Cieveland; (2) the Grand Village area, from 3 Macalester to the Fairview commercial corner and the south side of the block west of 4 Fauview; and (3) the Hamline/Syndicate commercial azea."(p.4) "Ensure that the areas 5 on Grand Avenue West that aze currently doininated by residential land use remain so; 6 these azeas aze...(3) the area between the Snelling commercial corner and the Hamline 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 4� 41 42 43 44 45 46 47 48 49 50 51 commercial corner."(p.5) Again, the proposed rezoning would be inconsistent with the above two recommendations. 3. The rezoning is not consistent or compatible with the way the azea has developed and rezoning the property will have an adverse impact upon the neighborhood. This portion of Grand Avenue is primarily residential in nature. Across the street to the north the entire block face consists of residenrial uses. The block face, on which this property is located, is entirely residential with the exception of a nonconforming use (beauty shop) located three parcels to the east and a B-1 zoned anrique store located on the eastern corner of the same block. The remainder of the block consists of residential uses. Rezoning this parcel in the middle of the block to a commercial use would be spot zoning and would undermine the residential chazacter of this area. 4. The intent of the RM-2 zoning district states: "to provide for more extensive areas of multiple-fanuly residential development as well as uses related to the multiple-family residential districts, or uses which serve one family residential needs and require more extensive sites. The RM-2 district is fiirther pxovided to permit comprehensive development of multiple- family project so as to establish a balance of population concentration as related to major thoroughfares and transit and related facilities." The intent of the B2-C zoning district states: " to create a business district expressly for existing residential structures in commercial areas, which will permit the operation of businesses which do not generate lazge amounts of traffic and at the same time will retain the visual character of the building forms and open space associated with residential uses. This includes a limited height on buildings and front and side yards. It is fitrther the intent of this district to provide paxking for employees who work in buildings which are converted from residential to business use. The applicant submitted a sufficient perition of two-thirds of the properiy owners within one hundred (100) feet of the properry stating support far the rezoning (17 pazcels eligible, 12 pazcels required, and 13 parcels signed). WHEREAS, notice of public hearing before the Councii of the City of Saint Paul concerning the said rezoning petition was duly published in the official newspaper of the City on September 23, 1998, and notices were mailed to each owner of affected properry and property situated wholly or partly within 350 feet of the property sought to be rezoned; and WI�EREAS, a public hearing before the City Council having been conducted on October 14, 1998, where all interested parties were heard, the Council having considered all the facts and recommendations concerning_the petition resolved to deny the application to rezone the subject property and in doing so moved to adopt as its own the findings of the 5aint Paul Planning Commission as stated herein; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul does hereby deny the application of Don Frable and Steven Winover to rezone property at 1488 Grand Avenue, more ORiG1NAL 9�-'iU�� WI�REAS, under the provisions of Saint Paul Legislative Code § 66.409 and Minn. Stat. § 462.357, Don Frable and Steven Winover petitioned to rezoning properiy commonly lrnown as 1488 Grand Avenue, Saint Paul, Mimiesota from RM-2 to B2-C for the purpose of pernut6ng reuse of the properry as a commercial property. The said petition was certified by the pianning division on August 3, 1998, as having been consented to by at least two-thirds of the owners of tYte area of the properiy to be rezoned, and fiirther ha�ing been consented to by at least 67% of the owners of the properties situated within 100 feet of the total contiguous property within one year preceding the date of the perition; and WI�REAS, on September 3, 1998, the zoning committee of the Saint Paul Planniiig Conunission conducted a public hearing for the purpose of considering the rezoning perition pursuant to the requirements of Saint Paul Legislative Code § 64300 and Administrative Code § 107.03. All persons present were given an oppornuuty to be heazd. At the conclusion of the hearing, the zoning committee moved to deny the petition and submitted its recommendation to the Saint Paul Pianning Commission; and WHEREAS, the Saint Paul Planning Commission considered the rezoning petition at its meeting held on September 11, 1998. The Planning Commission recommended to the City Council that the petition be denied for the following reasons: The applicants haue owned this residential property since September 1997. Cunently, the applicants have an agreement to sell the property to Mr. John Becker confingent upon rezoning the property from RM-2 to B2-C. Mr. Becker intends to use the 1 st floor of this residential structure as an office for his State Farm Insurance agency. The second floor wiil be a residential living unit. Mr. Becker's business hours will be from 9:00 a.m. to 5:00 p.m., Monday through Priday. In addition to Mr. Becker, two other full fime employees will work in the office. 2. The rezoning is not consistent with the comprehensive plan. The District 14 Plan has the following land use recommendation: "Limit retail, commercial and multifamily housing expansion to azeas already zoned for such use."( p.4) Rezoning the properiy from residenfial (RM-2) to commercial (B2-C) would not be consistent with this recommendation. The 1983 Grand Avenue West Task Force parking and zoning report provides the following land use recommendations; " Provide opportunity for commercial growth in the commercial cluster azeas on Grand Avenue West: (1) The Cleveland commercial corner and the north side of the block west of Cleveland; (Z) the Grand Village area, from Macalester to the Fairview commercial corner and the south side of the block west of Fairview; and (3) the Hamline/Syndicate commercial azea."(p.4) `Bnsure that the areas on Grand Avenue West that are currently dominated by residential land use remain so; these areas are...(3) the area between the Snelling commercial corner and the Hamline commercial corner."(p.5) Again, the proposed rezoning would be inconsistent with the above two recommendafions. ORIGINAL �� The rezoning is not consistent or compatible with the way the azea has developed and rezoning the properiy will have an adverse impact upon the neighborhood. This portion of Grand Avenue is primarily residential in nature. Across the street to the north the entire block face consists of residential uses. The block face, on which this property is located, is entirely residenfial with the exceprion of a nonconforming use (beauty shop) located three parcels to the east and a B-1 zoned antique store located on the eastern corner of the same block. The remainder of the block consists of residential uses. Rezoning this pazcel in the xniddle of the block to a commercial use would be spot zoning and would undemiiue the residential character of this area. 4. The intent of the RM-2 zoning district states: °to provide for mare extensive azeas of multiple-family residential development as well as uses related to the multiple-family residential districts, or uses which serve one family residential needs and require more ea�tensive sites. The RM-2 district is furtlier provided to permit comprehensive development of multiple- family project so as to establish a balance of population concentration as related to major thoroughfares and transit and related facilities." The intent of the B2-C zoning district states: " to create a business district expressly for existing residential structures in commercial areas, which will permit the operation of businesses wluch do not generate lazge amounts of traffic and at the same tune will retain the visual character of the building forms and open space associated with residential uses. This includes a limited height on buildings and front and side yards. It is further the intent of ttus district to provide parking for employees who work in buildings which are converted from residential to business use. 5. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet of the property stating support for the rezoning (17 parcels eligible, 12 parcels required, and 13 pazcels signed). VJHEREAS, notice of public hearing before the Council of the City of Saint Paul concerning the said rezoning petition was duly published in the official newspaper of the City on September 23, 1998, and notices were mailed to each owner of affected property and property situated wholly ar partly within 350 feet of the property sought to be rezoned; and WHEREAS, a public hearing before the City Council having been conducted on October 14, 1998, where all interested parties were heard, the Council having considered ali the facts and recommendations conceming the petition resolved to deny the application to rezone the subject properry and in doing so moved to adopt as its own the findings of the Saint Paul Planning Commission as stated herein; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul does hereby deny the application of Don Frable and Steven Winover to rezone property at 1488 Grand Avenue, more particularly described as Lot 4, Biock 4, SutYUnit V iew from a RM-2 zoning classification to a B2-C zoning classification for the general reason that the application is not consistent with the comprehensive plan for the City and for the reasons articulated by the Saint Paul Planning 1 OR1GlNAL ��,d�� 2 particulazly described as Lot 4, Block 4, Sununit View from a RM-2 zoning classification to a 3 B2-C zoning classification for the general reason that the application is not consistent with the 4 comprehensive plan for the City and for the reasons articulated by the Saint Paul Planniug 5 Commission which are incorporated herein by reference and adopted by the Council of the City 6 of Saint Paul as its own; AND, BE IT, 7 8 FUR'I'HER RESOLVED, that a copy of this resolution shail be sent to the applicants, the 9 Planniug Adiniuistrator, the Zoning Aduiinistrator, and the Saint Paul Plamiing Commission. Requested by Department of: By: Form Appr d by City Attorney $Y � L✓�i►�. /�- �Y-'1� Adoption Certified by Council Secretary Approved by Mayor for Submission to Council By: � � gy Approved by May i.; ate t �• BY: Adopted by Council: Date � \ �0 ORIGINAL ��id�� Coxnmission which are incorporated herein by reference and adopted by the Council of the City of Saint Paul as its own; AND, BE IT, FURTHER RESOLVED, that a copy of this resolution shall be sent to the applicants, the Plauniug Admiiristrator, the Zoning Admiiustrator, and the Saint Paul Plamiiug Commission. Council Harris 266-8630 Nov. 23, 1998 11S51GN NUMBERFOR ROUTING TOTAL # OF SIGNATURE PAGES GREEN SHEET r��:liy�i3 �� =�d� No 62295 inniavoer. a.roouHw ❑ GRYATTORIEV ❑ CIIYCLiRR ❑ FI1sMCI0.1.iERNCFidR ❑ sILYM'J�LfERV��eCl6 ❑ WYOA(ORWtlTAMi� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Finalizing City Council action taken October 14, 1998 denying the application of Donald Frable and Steven Winover to rezone property from RM-2 (residential multiple-family) to B2-C (Community Business Converted) to allow conversion of a single family house to an insurance office use at 1488 Grand Avenue. PLANNING CAMMISSION CIB COMMITTEE CML SERVICE COMMISSION tSONAL SERViCE CON7RACf5 MUST ANSWFR TNE FOLLOWING Q Has fhis perso�rm ever w0�lced under e confraCt for this tleparlment'7 VES NO Has thie peraonlfirtn ever heen a cfly empbyeeT YES NO DoeB this person/firtn po88e55 a sldll not nwmaltypo6sessetl by eiry curteM Cily empbyee7 YES � Is Mie per�rm a targeted vendoYl YES h0 AMOUNT OF TRANSACYION S COST/itEVENUE BUDfiETm (CIRCLE ONk� YES NO ACTNITY NUMBER OFFICE OF Tf� CITY ATTORNEY / ClaytanM Robinson, Jr., CiryAttorney �J'—/�66 CIT`Y OF SAINT PAUL Norm Colemm�, Mayor m� CiviZDivision 400 City Hall IS West Kellogg Blvd Saint PauI, Minnesot¢ 55102 Telephone: 651266-8710 Facsimile: 651298-5619 November 20, 1998 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Re: Petition to Rezone Property at 1488 Grand Avenue City Council Action Date: October 14, 1998 Dear Ms. Anderson: Attached please find a signed copy of a resolution memarializing the decision of the Saint Paul City Council to deny the application to rezone the property above stated. Would you please have this resolution placed on the Council's Consent Agenda at your earliest convenience. If you have any questions, please do not hesitate to contact me. V ery truly yours, � �� u�yt/!'�L-. eter W. Wasner Assistant City Attorney PWW/rmb Enclosure ca James Zdon 9� f � DEPARTMENT OF PI,ANNING & ECONOMIC DEVELOPMENT �T CTTY OF SAIIVT PAUL Norm Colemarz, Mayor September 17, 1998 Ms. Nancy Anderson City Council Research Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Division of P(anrdng 25 West Fourth Street Saint Paui, MN SSIO2 Te[ephone: 612-2666565 Facsimile: 6S 2-228-3314 �?L��^x3 ,�`'s��a�.,s � """ .;�vf �� : � �S��v I would like to confirm that a public hearing before the City Council is scheduled for Wednesday Octoberl4, 1998 for the following zoning case: Applicant: File Number: Purpose: Address: Frabte, Donald C.1Winover, Steven # 98-205 Rezone property from RM-2 ( residential multiple-family) to B2-C ( Community Business Converted) to allow conversion of a single family house to an insurance office use. 1488 Grand Legal Description of Property: Lot 4, Block 4 Summit View Previous Action: Planning Commission Recommendation: Denial, vote: unanimous, September 11, 1998 Zoning Committee Recommendation: Denial, vote: 8-0, September 3, 1998 My understanding is that this public hearing request will appear on the agenda far the October 14, 1998 City Council meeting and that you will publish notice of the hearing in the Saint Paul Lega] Ledger. Please call me at 266-6559 if you have any questions. Sincerely, Jam�es � o�� City Planner •Frasrxtm• - - xaric� oF roaue �nxnvc The Saint Paul City Council will-conduct a public heazing on Wednesday, Oct6ber cc: File # 98-205 14. 1995 at 5[30 p in the GYty Council Chambers. Third Floor City Hall-Court P2u1 Dubnti0l - House, to_ consider the applicaUOn of FYable, Donald C./Winover. Staven�to rezone property from RM-2 (residential mulHple-faznily) to B2-C (Community "Business GEt1"y $OyCI Converted)�to allow conversion of a single famity house to an insurance office use�at 1485 GYand Avenue. - - - Dated: September 21. -1998 � . ' ' � � NANCY AN�ERSON � � : - - - Aseistant �ty Cou'ncll Sectetary . , - - _ (Septemba 23, 1998)_ _— q�- id�� CIT'Y OF SAINT PAUL Norm Coleman, Mayor DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Division of P[annirzg 25 West Founh Street Saira Paul, MN 55102 Telephan e: 6I Z-266-6565 Facsimi[e: 612-228-3314 October 1, 1998 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Pauf, Minnesota 55102 RE: Zoning File # 98-205 Frable, Donald C./ Winover, Steve City Council Hearing: October 14, 1998, 530p.m. to 6:30 p.m., City Council Chambers PURPOSE: To consider rezoning property at 1488 Grand Avenue from RM-2 (residential multiple- family) to B2-C (Business Community Converted) to allow conversion of a single family house to an insurance office use. � PLANNING COMMISSION RECOMMENDATION: Denial vote: unanimous ZONING COMMITTEE RECOMMENDATION: Denial vote: 8-0 STAFF RECOMMENDAT'[ON Denial SUPPORT: No one spoke. The Macalester Groveland Community Council did not take a position. OPPOSITION: One resident. Staff received seven letters in opposition. Dear Ms. Anderson: Mr. Frable and Mr. Winover submitted a petition to rezone property at 1488 Grand Avenue. The Zoning Committee of the Planning Commission held a public hearing on the proposed rezoning on September 3, 1998. The applicants failed to appear at the public hearing. At the close of the public hearing, the committee voted 8-0 to recommend denial of the rezoning. The Planning Commissio;n, on September 11, 1998, unanimously upheld the Zoning Committee's recommendation for denial. This proposed rezoning is scheduled to be heazd by the City Council on October 14, 1998. Please notify me if any member of the City Council wishes to have slides of the site presented at the public heazine. Sincerely, � � �o�n. James Z n City P ner cc: City Council members � Attachments 9� i�� city of saint pau{ pianning commission resolution file number 98-62 �te, Seotember 11. 1998 WHEREAS, Don Frable/Steven Winover, have applied under the provisions of Section 66.409 of the Saint Paul Legislative Code, for the purpose of rezoning property located at 1488 Grand Avenue from RM-2 to B2-C, legally described as (see file). WHEREAS, the Zoning Committee of the Planning Commission on 9/03/98, held a public hearing at which all persons present were given an opportunity to be heazd pursuant to said application in accordance with the requirements of Section 64.300 of the Saint Paul Legislative Code; and WHEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: � 1. The applicants have owned this residential property since September 1997. Currently, the applicants have an agreement to sell the properiy to Mr. John Becker contingent upon rezoning the properiy from RM-2 to B2-C. Mr. Becker intends to use the lst floor of tlus residential structure as an office for his State Farm Insurance agency. The second floor will be a residential living unit. Mr. Becker's business hours will be from 9:00 a.m. to 5:00 p.m., Monday through Friday. In addition to Mr. Becker, two other full time employees will work in the office. 2. The rezoning is not consistent with the comprehensive plan. The I?istrict 14 Plan has the following land use recommendation: "Limit retail, commercial and multifamily housing expansion to areas already zoned for such use."( p.4) Rezoning the property from residential (RM-2) to commercial (B2-C) would not be consistent with this recommendation. The 1983 Grand Avenue West Task Force parking and zoning report provides the following land use recommendations; " Provide opporiunity for commercial growth in the commercial cluster azeas on C�rand Avenue West: (1) The Cleveland commercial corner and the north side of the biock west of Cleveland; (2) the Grand Village azea, from moved by Wencl � seconded by i n favor Unanimous against Macalester to the Fairview commercial comer and the south side of the block west of � Fairview; and (3) the Hamline/Syndicate commercial area."(p.4) "Ensure that the azeas on Grand Avenue West that aze currendy dominated by residential land use remain so; these azeas aze...(3) the azea between the Snelling commercial corner and the Hamline commercial comer."(p.5) Again, the proposed rezoning would be inconsistent with the above two recommendations. 3. The rezoning is not consistent or compatible with the way the azea has developed and rezoning the properiy will have an adverse unpact upon the neighborhood. This portion of Grand Avenue is primarily residentiai in nature. Across the street to the north the enTire block face consists of residential uses. The block face, on which this properry is located, is entirety residential with the exception of a nonconforming use (beauty shop) located three parcels to the east and a B-1 zoned antique store located on the eastem corner of the same block. The remainder of the block consists of residential uses. Rezoning tfiis parcel in the middle of the block to a commercial use would be spot zoning and would undermine the residential chazacter of this azea. 4. The intent of the RM-2 zoning district states: "to provide for more extensive azeas of multiple-family residential development as weil as uses related to the multiple-family residential districts, or uses which serve one family residential needs and require more extensive sites. The RM-2 district is further provided to pernut comprehensive development of multiple- family project so as to establish a balance of population � concentration as related to major thoroughfares and transit and related facilities." The intent of the B2-C zoning district states: " to create a business district expressly for existing residential structures in commercial areas, which �yill permit the operation of businesses which do not generate lazge amounts of tr�c and at the same time will retain the visual chazacter of the building forms and open space associated with residential uses. This includes a limited height on buildings and front and side yards. It is further the intent of this district to provide pazking for employees who work in buildings which aze converted from residential to business use. �. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet of the property stating support for the rezoning (17 pazcels eligible, 12 pazcels required, and 13 parcels signed). NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission that the petition of Don Frable/Steven Winover to rezone property at 1488 Grand, more particulazly described as Lot 4, Block 4, Summit View, from a RM-2 zoning classiftcation to a B2-C zoning classification is not consistent with the Comprehensive Plan for the City; and BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to the Council of the City of Saint Paul that property located at 1488 Grand not be rezoned from RM-2 toB2-C in accordance with the petition for rezoning on file with the Saini � Paul Planning Division. �i� � Saint Paul Planning Commission City Hall Conference Center 15 Kellogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul was held Friday, September 1 I, 1998, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Duarte, Faricy, Geisser, Morton, Nordin, Treichel, and Wenci and Present: Messrs. Gervais, Gordon, Johnson, Kramer, Marguties, McDonell, Nowlin and V aught. Commissioners Mmes. *Engh and Messrs. *Field, Kong, *Mardell, and *Sharpe Absent: *Excused Also Present: Ken Ford, Planning Administrator, Jean Birkholz, Tom Harren, Larry Soderholm, and Jim Zdon, Department of Planning and Economic Development staff; and Tom Beach from the Department of License, Inspection and Environmental Protection. I. Chair's A�nouncements � Chair Morton had no announcements. II. Planning Administrator's Announcements Mr. Ford announced that the City Council did approve the plat for William's Hill and the pawn shop moratorium resolution is in effect. Chair MoRon pointed out the revised agenda. III. �� 1„�Il`i�: Gerald Trooien for Alexandra & Associates LLC, River Corridor Modification, Setback Variance and Site Plan Review (Tom Beach, LIEP) Chair Morton read the rules and procedures for public hearings. Mr. Beach gave a short slide presentation and read the staff reports. He stated that Gerald Trooien is proposing to build a 4-level parking ramp with 996 parking spaces. The ramp will be located west of Davern and nodh of Shepard Road in the packing lot of the oid Unisys Building, Mr. Trooien has renovated the old Unisys Building and U.S. Bank is in the process of moving into the building. Some of the spaces in the ramp would be used by U.S. Bank employees; the rest would be used for airport parking. To build the ramp, Mr. Trooien needs approval from the Planning Commission on three items: 1) a rivet corridor modification - the ramp will be 42.5 feet tall (the maximum height is 40 feet in a river corridor); 2) a setback variance is needed - the ramp is proposed to be setback 15 feet from the north � property line (the required setback in I-1 districts, residential property, is 1'/z times the height of the building or 65 feet, in this case); the requested variance is 50 feet; 3) a site plan review, required for any parking facility. Commissioner Nordin asked how many parking spaces are required by the zoning ordinance for meeting on Thursday, September 17, 1998. � #98-205 Donald C. Frable / Steven Winover - Rezone property from MR-2 (medium-density; low-rise multiple-family residentiai district) to B2-C (community business-converted district) at 1488 Grand Avenue (Jim Zdon, 266-6559). MOTION: Commissioner Wencl moved to deny the requested rezoning ofproperty from MR-2 (medium-density; !ow-rise multiple family residential district) to B2-C (communiry business-converted district) at I488 GrandAvenue, which carried unanimously on a voice vote. Commissioner Wenc! read the agenda for t11e next Zoning Committee meeting, September 17, 1998. V. Guest Presentation Plans for Ramsey County Facilities in Saint Paul, Julio Mangine, Director of Property Management for Ramsey County. Chair Morton announced that Mr. Julio Mangine would not make the presentation today because his son was inyolved in a printing press accident last evening. While another person is here to make the report, this item will be rescheduled because there is not enough time remaining this morning. VI. Comprehensive Planning Committee No report. VII. Neighborhood and Current Planning Committee No report. VIII. Communications Committee No report. IX. Task Force Reports Commissioner Gordon announced that the Ayd Mill Draft EIS is out and commissioners will see it soon. X. Old Business None. XI. New Business None. XII. Adjournment � � 11 �� iot� l� � MINUTES OF THE ZONING COMMITTEE Thursday, September 3, 1998 - 3:30 p.m. City Council Chambers, 3rd Fioor City Hall and Court House 15 West Kellogg Boutevard � � PRESENT: OTHERS PRESENT: Gervais, Gordon, Faricy, Field, Kramer, Morton, Vaught and Wencl Peter Warner, Assistant City Attorney, Geri Boyd, Martha Faust, Larry Soderholm, A�fan Torstenson and Jim Zdon of PED The meeting was chaired by Commissioner Fie�d. DON FRABLE/STEVEN WINOVER - Zaning Fiie 98 -205 - Rezone property from RM-2 (Medium- density; Low-Rise Multiple-Family Residential District) to 62-C (Community Business - Converted District). Jim Zdon, PED, gave a slide presentation and reviewed the staff report. Mr. Zdon stated staff recommended denial of the rezoning. The applicants, nor any representative, appeared on their behalf. Upon question of Commissioner Faricy, Mr. Zdon stated that a copy of the report was sent to the applicants. Mr. Zdon further stated that he spoke to the applicant previously and expressed to him the impo�tance of appearing at the hearing. Mr. Frable stated that he would possibly be on vacation, and if so, his partner would be here. << Art Punko, 1463 Grand Avenue, appeared in opposition of the rezoning. Mr. Punko explained that a neighborhood meeting was held regarding this issue, and approximately 15 people showed up. He further stated that the majority of the people were in opposition of this rezoning. Mr. Punko expiained his reasons for the oppositions were a"spot" rezone is not consistent with the Grand Avenue plan, concern for future tenants, and having a business in the center of the residential block could set a precedent for other businesses. Mr. Punko further expressed that of the people who attended the community meeting, there is a strong commitment to preserving the character of the neighborhood. No one else spoke. The public hearing was closed. Commissioner Vaught moved the staff recommendation with the following addition, that by the date of the next Planning Commission meeting, tttere would be a folfow-up on the names of people who claim to have withdrawn their consent, or did not in fact sign the petition. The motion was seconded by Commissioner Kramer. Commissioner Gordon suggested that if the informatiDn is found to be accurate, possible crimina� action should be iaken. Zoning CommilYee Minutes September 3, 1998 Don Frable/Steven Winover (98-205) Page 2 There was no further discussion, and the motion was cailed recommending denial of the rezoning. Adopted Drafted by: �� Geri Boyd Recording Secretary Yeas - 8 Nays - 0 Submitted by: � � � m Zdor� Southw� Team Approved by: Litton Field Chair � � � 9t� io�/ �� Stephen J. Bubul and Lee S. Lewis 1493 Lincoln Avenue 3L Paul, Minnesota 55105 September 1, 1998 Zoning Committee 25 West Fourth Street I 100 City Hall Annex St. Paul, MN 55102 RE: Zoning File No. 98-20� Rezonin� of 1488 Grand Avenue Dear Committee Members: We own and occupy the house at 1493 Lincoln Avenue, almost immediately across the alley south of 1488 Grand Avenue. We understand that the applicant has requested rezoning of that property from RM-2 to B2-C. Neither of us is able to attend the public hearino on this rezoning on September 3, 1998, bui would like to submit these comments for the Committee's consideration. � While each of us signed the applicanYs petition (as property owners within 100 feet of the property), we have had time to consider the issue and have concluded that we oppose the rezoning. Our primary concern is that rezoning to allow commercial uses in the middle of the block will disturb the balance between residential and commercial uses in the neighborhood. One of the major attractions of living in St. Paul, and this area in particulaz, is the presence of strong residential communities with commercial amenities neazby. Indeed, our property is just one block away from the commercial node at the intersection of Grand and Snelling. Most residents in the azea, we think, enjoy having retail and services within walking disiance, and understand tha± Grand Avemae is a comsnercial/residential mix. At the same time, though, the character of the area is a balancing act. If commercial uses spread east from Snelling, the "node" will become a strip. Parking, which is not yet a problem, will become scarcer, and the residential appeal in the vicinity of Grand will diminish. Once the middle of the block is rezoned, there will be little reason to deny any subsequent applicant. It is therefore easy to imagine that the block will drift toward the predominantly commercial pattem found elsewhere on Grand Avenue. As residents who shaze the alley with this property, we also worry that the change will � reduce neighborhood safety. The concern is not that commercial uses will bring crime, but that fewer people will be present around the clock. Our block, which has been s�a-ia9sss suaoo-s relatively free of problems until recently, has had three incidents this summer. It cannot . help matters to reduce the number of people living on and using the alley. Further, we think it is important to maintain a mix of housing types for a variety of income levels. (That's another reason we like to live here.) The proposed rezoning will remove another unit of modest, affordable housing from the local housing stock, at a time when affordable housing is in critically short supply. We recognize that the applicant intends to rent the upstairs unit for residential purposes, but the downstairs unit is most likeIy lost for housing purposes. And, there is no guazantee that the upstairs unit wiil remain residential over time. Finally, while the applicant's proposed use (an insurance office) is not objectionable by itseif, we hope the committee focuses on the broader land use question: should this block move toward commercial uses? Many other uses are of course possible in the B2-C district, including retail sales and contractors. (As the committee will no doubt heaz from other neighborhood residents, a contractor who occupied property just a few houses away created significant conflicts.) The issue is not this applicant; it is the proper zoning for this property, in this block, in this neighborhood. For these reasons, we urge the committee to maintain the RM-2 classification. Thank you for the opportunity to voice our concerns, and we hope you will make a decision that puts the lona-term interests of the neighborhood first. Tf committee members or staff have questions of us, we can be reached at 699-1330. � y Yours, �.� h-/ �"� . Bubul Lee S. Lewis � i SJB-I49355 euaoas �?7 `��l°y° 03i0'>i199d 14:58 FkOM M.P. DRNIELSt7h1 tiDVERTISING T�J 6383465,_ _ .__ P.01 � 913J98 Michael Da.v.eL4on & Diana Dan.ielaon 1464 Summit 7+venue Sdint Paul, 1�N 55105 � aze a�osed to the rezoning of the 1488 �rand a�,n� P�..yty tp a 52�. 2Ysre is alzea3y way to inxt� traffic a� �jesti� tysiig p�scal as a crossoc�s. Vety da�as� for our c^�� 1.t,�r. y7e lived k�e�e for 11 years ard wa„zt to rt�lce this d fani2y r�ea,ghborYa�od_ SinCerely �y.-�...��'. �� s� � ��.� niac,a oanielson m � � September l, 1998 Mr. Jim Zdon, Zoning Office 25 West Fourth Street I100 City Hall Annex St. Paul, MN 55102 Mr. Zdon: We attended a neighborhood meeting on Monday, August 31, 1998 at 1463 Grand Avenue regarding the re-zoning of 1488 Grand Avenue which is located next door to us. We are a[ 1492-1494 Grand Avenue. The attached petition was passed around and our forged signatures were on it. We are against the re- zoning and did not sign a petition to support it. Thank you for your assistance in this matter. We can be reached at 690-5839 or 699-6863 if you have � qaestions or concems. m Sincerely, Joseph Urbanski Sr., Kathy Urbanski, and Joseph Urbanski Jr. t!� � I�:.�tn�c.� � _ / � - � � 9� -io�� De-� Co��c�� iM��.��J� �,�, w�i-�� v F��;�� G�� V'� Zo� � v� � o-� l�f�'� G�� o( f4 �� u-'-e �vPU'Q W I'oc�iP� �� '��'•fv�bl�e/v�r• (�(/��:�d�P�� u��e afd�PV; h 5, y<��'��5, �,u� e�1 -f��y � . , - /4 ��`\ y � �e� _ . ,. . " , VV.C' '�- l7NC�✓P..T'� �4�7Z C� v'�r�1�i flvp. ��G � ��V1 Pc( �l�e i✓' �'P��teS`� - � - o Si��, -f'�eir �P-�-i-�-i�h � v� - f'��P , b�s�'S -�-b1 �� i,v � C-C4lm Q 'W '�1 i S S PG�� Q✓� c� � ��1 �-��. S�ec��ic(J �c�ct��s� f��v� � c�,�s ��l�>�� • y�. S�s�P� �� l 5�� w� o�,,� �; -�e s�- vi �� S d w, �- e 5 u� r� we�r� i �� v-�S-�--i r� l Y� ��ov� 5 f�✓� r� b � 5 i nP 1' S- �� v��w �vSi��'ss o� �'h�P .�IoC,G' 1� { � �1 h�l (�c9S G )4I w � � � �7 � �I-w2 P V1 � �v� fl �3 ) /,. ✓ i o�1 � ✓� �4 v� lr� � v� be i n ol i rec,� eovn}�� o�l J ' � J S ��,PS S ,� '�� -� � v i� �c� 1' n S S��C�S � /� / �.vereiv� h�S ��@� -� ��-'Si�P55 �l-o✓� ZS�Pc�j �.v e Gl t ��, ll �� C�11� 11 c� � -� �,� e rl e i�r- `7 1 c✓ �rao��l J , �.-• r� S 1� �� S �C "1v�� 5�� \� ��4��'� G e� . L-��S �J�l� �se �� U� ef I�io�l� �-e 1 ` �� 0�2 i'1 4^f c'ti�� i��5 'f—�'1 �7—'� �� ;�c��-(.� f�� G��+�%�� _ FROH :CGRP GROUFS 612-667-2455 1999.09-0'_ 10:10 SS» P.02/�2 September 1, 1998 Re: Re-Zoning of Property x.ocated at 1488 Grand Avenue, St. Paul O�vned by Donald Frable and Steven Winover Mecting to be held September 3,1998 Deaz Mr. Zdon: I live within 100 feet of fl1e properry locatcd at 14SS Grand Avenue, St, Paul. I previously had signed a petition in favor of allowing commercial re-zoning at the above referenced property. I signed this petition aFter receiving extremely limited, and I now belie�e, misleading information. I was approached to sign only one day prior to the deadline for sianatures, and it �vas implied that all the other residents had approved, lt w�u also stated that the potcntia! purchsuer was nitending on tiving at the residence while operating lhe insursnce agency. tt was represrnted thxt the re-zoning need was only necessary tn allow an owner/operafor residence situation. I misunderstood that once d�e k�roperty was re-zoned, altowing die insurazice agency to operate, it was permanently available for any type of commercifil busine�s in the future. I am noW aware of the immediate and potential future impact of this re-zoning and would like to withdmw m a roval. Please feel free to contact me, or my wife,lonel(e Branca, if you would like to discuss dzis furcher. �lLcri� �j''i�n� Louis J. Branca 1499 Gnnd Avenue St. Paul, MN 55105 612-690-2832 home 612-951-5225 officc Jonelle Branca 612-687-2664 office � � � � S�P 03 'S8 11�47 MN SENT 6l COMfi � September 3, 1998 Deaz Mr. .Zdon: �'�-ia � P.2 I am writing regarding the proposed rezoning of 1488 Grand Avenue (File Number. 98-205). My wife Cazol and I have owned our hnme at I515 Lincoln Avenue since 1985. We aze opposed to this change for two reasons. One is the continuing increase in trafFic in our neighborhood resul[ing from added businesses in general. During the time we have lived here, business has expanded dramatically at the comer of Snelling and Crrand. 'While this development is of some ben�t, it has a2so increased traffic congestion si�nificantly. Cazs are now sometimes backed up for two blocks from Sneliing to Pascal. That is a problem in terms of its impact on ihe character of the area and additional noise and exhaust fumes, but also an increasing number of drivers now seek to circumvent this bottleneck by driving down Lincoin Ave. They do so at a high rate of speed, creating heavier, noisy traffic on our street and a very reaI danger to children. Similazly, there is increased traffic down Sazatoga from drivers turnin� ofFof Grand to avoid a left turn at the Crrand/$nelling intersection; these drivers too drive faster than the speed limit, and very few observe the posted stop sign at Lincoln. Aside from the unpleasant increase in traffic, clearly, this is a very dangerous development. We have observed innumerable near-mishaps of aIl sorts from the diverted traffic. � Another reason we oppose the rezoning is ihe change in character of the neighborhood --- from simply the presence of another business property. Grand Avenue is, as we understand, a mix of residential and canunercial properties. Again, as residents we appreciate the unique chatacter of the azea resulting from such zoning. But adding a business at 1488 would czeate problems: the additional on-street pazking causes inconvenience for the neazby residents, and the required off- street parking creates an eyesore for those who wish to live in a neighborhood with a residenria] atmospheze. That residenlial character is certainiy what we ourselves chose in purchasing our home heze, and we do not want that to change, --- both for maintaining the atmosphere and for protecting the value of our hame. In summary, despite the benefits, there is a poinY at which the residential properties suffer from added businesses, and we feel that we are at thai point in our neighborhood. The impact of the development at Grand and Snelling is already quite noticeable terms of quality of life, and as a result the problems from adding yet another business at the 1488 site seem � amplified. We consider this change ill-advised and contraindicated and we request that you deny the request to rezone. � Thank you for your consideration of our concerns. T may be reached at home at 698-8792 or at work at 282-6286. Si��rel / l S� n K. Schete ZOIVING COMMITTEE STAFF REPORT FILE # 98-205 1. 2. 3. 4. 5. 6. APPLICANT: FRABLE, DONALD CJ WINOVER, STEVEN DATE OF HEARING: 09/03/98 CLASSIFICATION: Rezoning LOCATION: 1488 Grand Avenue PLANIVING DISTRICT: 14 LEGAL DESCRIPTION: Lot 4 Block 4 Summit View PRESENT ZONING: RM-2 ZOiVING CODE REFERENCE: Section 64.400 STAFF INVESTIGATION AND REPORT: DATE: 08/26/98 BY: James Zdon 8. DATE RECEIVED: 08/03/98 DEADLINE FOR ACTION: 10/02/98 A. B. C. D. PURPOSE: Application to rezone from RM-2 to B2-C PARCEL SIZE: The pazcel is 50' X 150' for a total of 7500 squaze feet. EXISTING LAND USE: Single famiiy residential structure in a RM-2 zoning dishict. SURROiTNDING LAND USE: North: Single family residential structure in a RM-2 zoning district East: Triplex residential structure in a RM-2 zoning district. South: Single fanuly residential structure in a R-4 zoning disirict West: Duplex residential structure in a RM-2 zoning district. E. ZOIVING CODE CITATION: Section 64.400(a) states in part, "the council may from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes SecTion 462357 and amendments thereto as may be make from time to time. The planning commission may from tnne to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed. � � � 9�'�� Section 64.400(b) states in part that "an amendment to the zoning cade may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned." F. HISTORY/DISCUSSION: None G DISTRICT COtJNCIL RECOMMENDATION: Because the Macalester-Groveland Community Council does not have a scheduled boazd meeting until after the 9f3l98 public hearing, the Macalester-Crroveland Community Council has not taken a position on the rezoning application. H FINDINGS: The applicants have owned this residential property since September 1998. Cunently, the applicants have an agreement to sell the property to Mr. John Becker contingent upon rezoning the property from RM-2 to B2-C. Mr. Becker intends to use the 1 st floor of this residential structure as an office for his State Farm Insurance agency. The second floor will be a residential living unit. Mr. Becker's business hours will be from 9:00 a.m. to 5:00 p.m., Monday through Friday. In addition to Mr. Becker, two other full time employees will work in the office. � 2. The rezoning is not consistent with the comprehensive plan. The District 14 Plan has the following land use recommendation: "Limit retail, commercial and multifamily housing expansion to areas already zoned for such use."( p.4) Rezoning the property from residential (RM-2) to commercial (B2-C) would not be consistent with this recommendation. . The 1983 Grand Avenue West Task Force parking and zoning report provides the following land use recommendations; " Provide opportunity for commercial growth in the commercial ciuster areas on Grand Avenue West: (1) The Cleveland commercial corner and the north side of the block west of Cleveland; (2) the Grand Village azea, from Macalester to the Fairview commercial corner and the south side of the block west of Fairview; and (3) the HamlinelSyndicate commercial area."(p.4) "Ensure that the azeas on Grand Avenue West that are currently dominated by residential land use remain so; these azeas are...(3) the area between the Snelling commercial corner and the Hamline commercial corner."(p.5) Again, the proposed rezoning would be inconsistent with the above two recommendations. 3. The rezoning is not consistent or compatible with the way the area has developed and rezoning the property will have an adverse impact upon the neighborhood. This portion of Grand Avenue is primarily residential in nature. Across the street to the north the entire block face consists of residential uses. The block face, on which this property is located, � is entirely residential with the exception of a nonconforming use (beauty shop) located tluee parcels to the east and a B-1 zoned antique store located on the eastem comer ofthe same block. The remainder of the block consists of residential uses. Rezoning this parcel in the middle of the block to a commercial use would be spot zoning and would � undermine the residential chazacter of this azea. 4. The intent of the RM-2 zoning district states: "to provide for more extensive areas of multiple-family residential development as well as uses related to the multiple-family residential districts, or uses which serve one family residential needs and require more extensive sites. The RM-2 district is fiirther provided to permit comprehensive development of multiple- family project so as to establish a balance of population concentration as related to major thoroughfares and transit and related facilities" The intent of the B2-C zoning district states: " to create a business district expressly for existing residential structures in commercial azeas, which will permit the operation of businesses which do not generate large amounts of traffic and at the same time will retain the visual character of the building forms and open space associated with residenrial uses. This includes a limited height on buildings and front and side yazds. It is further the intent of this district to provide parking for employees who work in buiidings which aze converted froFn residential to business use. The applicant submitted a sufficient petition of two-thirds of the property owners within one hundred (100) feet of the properry staring support for the rezoning (17 parcels eligible, 12 parcels required, and 13 pazcels signed). STAFF RECOMMENDATION: Based on findings 2 and 3, staff recommends denial a of the application to rezone the properiy at 1488 Grand from RM-Z to B2-C. � 9�-ia�� PETITION TO AMEND TNE ZONING CODE Depart�nent ajPlanning and Ecor.omic Developrner.t Zoning Secfion II00 CiIY I�all AnnPx 25 T3'est Fourt/t Street Saini Pnui, MN 55701 266-6589 APPLICANT � Property Owner��ti.v �z � • r>� �.� � Sf-�„ �ti K� � - PROPERTY LOCATION CityS7'. s�' / St��"L iof Daytime e ,� 3 S - �S� � Contact person (if different) Address/Locati G�',a.- ; /� Legal description L v-h �/ ��`"" �/ S� M �,�- �. � (attach additional sheet if necessary) TO THE HONORABLE MAYOR AND .CfTY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statu=s, , the owner of ail the land proposed for rezon:ng, hereby petitions you to rezone the above described property from a. �M - a- zoning district to a j�-- J- � zoning distric�, for the purpose of: �� G �� (a!tzch addrtional sheet(s) i° necessa.ry) 1 � Attachments Required site plan ❑ Consen; petition LJ Affidavit � Subscribed and sworn to � �� b=fore me this �� n day By: d ,, � of � g"{� Fee owner oi propery � 1 ( - r�tiA: Page 1 of '�,: ��„��Q��'�I.4tYPU��C�diNNESOTA RAMS E�peoun�v nhy Commis:�cg,e ��°s d:r. 7..... "" ", �-r+a^;�.y'r . _� , . � STATE FARM 0 � INSURANCE 3 ,...f...<_..:a3Y:.... ' , . 3 i e � 3.:3 3' 103ZC.mntLAvrnue St Paul, NIN 55105 612242.8Q96 phone 612.2920138 fa< July L0, 1998 Dear Neighbor: stopped by today seeking signauues for �pioposedRe-Zoning of 1488 Gtand Avenue. T[tis xfsed Re-Zoning would convert the cuirentRM-2 �vfulti-Family) designation of 1488 Grand riue to a B-2C {Community Busin�ss Converte� d�signation. the Re-Zo effort is to make the progerty usable as a new office for the State Farm ency of John-B€�kc�-soupled wiik a-�.�k�ing unit on thg secan�-IIoor of the � State Fatm affueiscuxrently Icic�ted �1A32 Crra�id Avenue, arith-busiziess hnurs of i:00 p.m. A4aad�y-threugh-Frida� 'I11ese keursweuld remain cons[ant-a�ith JoLn's dd the veGy_lonc.nvmt�eLOf walk-iu_clientsrmost of Jolw's businessisconduded by ��r}�ua��ooldng forn�azdtaa-mauaxa1488 L'uaud-Auenue,and is dedicated.tn-the presenzation-0f the r' S1kI8I�, II0lghborhOOd Peoh.,_na_hr nirt_ �tiv en}O}'S�C*ranri AvrmiP' He iS 215QSCtgexCltedBbnut th2 prospec[ of locating hisagencg i�a §am� whisl�-fi�sU�eem�unity values e€bstl�-lusagencgasd his company. Ifyou have any questiensabea�tkisgregosa�-pleas�f�l-�te-sall JoLnBecke�at-242-5(14�, or contact ihe cuxrent owner of 1488 Gtand Avenue, Donald Frnble, at 225-3988. If we did not kiave the opportunity to meet yo�to�a}�,- w�will-s[op h3�agauE-soeata-a�swer any qu�stiens-as sance�nsyou may t�ave. Thank yo � Jv` John Becker Donald Frable ...................... � � � �o�� August 24, 1998 Zoning Committee 25 West�th Street 1100 City Hall Annex St. Paul, M:.. 55102 To the Committee: We have received notice of a request for rezoning of 1488 Grand. Zone fine number 98-205. I have one auestion and one concern. Question: Is there another way for Mr. Frable aad Mr. Winover to meet their current business objectives without rezoaing? What do they really want here? Our concern is not for any "now" request for a business. Our concern with rezoning is that the business strategy of any hot shot buyers will be to resell in five years to a congolmerate or corporation who wants to bu:ld a huge hignrise on Grand or do a shopping mall. � Saying that this is not the intention will not help five years from now. Enough rezoned properties in one block can make it happen because they will be privately owned an3 open to sale. Rezoning one property may be your intention not the intention of the those requesting the rezoning. It was not the intention of whoever passed the benign ordin- ance regarding the right to "small business" in people's houses of adversly affect the neighborhood. On the corner of Pascal and Osceola one guy is running a lawn service/snow nlowing business with multiple trucks, equipment and manpower choxing the street. That wasn't intendeci either. The benign ordinance was not written with his intentions or plans in mind. Now the entire neighborhood has to live with it. A change without safeguards is a set-up for someone who has a lot more ioresight to his own profit than he is going to tel: you aboui. We do not want the "converted district" part of this. What are they planning 'to convert it to? Another housing unit for college students? This is too general a request. Tt is for personal profit at � everyone else's expense. Us today, you tomorrow. Thank you for your time. �� g��_�� Jim & Sharon Lethert 1492 Li�coln St. Paul, MN 55105 Post-it° Fa�c Note CITY OF SA� Phane # CONSENT OF ADJOINING PR Fax# �, � y� REZON S / i'/�}. `tnE. a /', d'e.. JA.a.-e Mc.3r•'�.� �Y.�'7� G.pH/ 2aKt/ ('yza<f� � f i SYPN �.S�G .l / S %`c � N �7 r, .G n/ �p6�PfiL� '�jE /y}f}N�1 �Ve, ilie undersi�ned, otvnets of the property tivithin 100 feei of tlie total contiguous description of real estate o�vned, purchased, or sold by THE PET[TIONE2 within one year preceding the date of this petition ackno�vledoe that tive have been presented with ihe Followino: I. A copy of tlie petition of Donald C. Frable and Steven D. Winover (name of petitioner) to rezone the property located at i 4ft� �.,,,,� evAnuP St�u7�`�.Y SS? n� , from a RM_? Z.ot]iRo �istricf to a R_?(: 2onin� district. 2. A copy of sections 60. 571 tlirouah 60. 575 , inclusive of the Saint Paul Zoning Code; and acknowledge that �ve are aware of alt of the uses permitted in aB-2C zonina district and �ve are aware that any of these uses can be establislted upon City Council approval of the rezoning. We herehy consent to the rezonina of the property in the petition of; Donald C. Frahla and StevPn D. WinovPr to� �- zoningdist�ict. (Name of petitioner) �Ve consent to the approval of this rezoning �s it w.►s explained t� us by the �PP��cnnt or his/her representative. �� f�� .�� -GL`1�I -17-F lvg3 �� .�.� �. � � �l �Ec, �l/� � f L f 77 �^iY�(ll2 /� � , �cF�3 �;ri�o/w Gr, 1 `E� �� ,- �, t`I�3 (,�v�� 7 y C C (� IS�� -•. Nt-15�s �g�� Date pages� �,. .-�QC From �d oo. � /� Phone # �/el "L7 � � ` � 3 - `( c �-/ '� -� ?- `� sl � - z r� ?- �?-5 � 7-1 -R_�-k-. i�-�3-�� 7<<� f i o�t'�s -� r'r�-�'ic� �� z�_ q NOTE; This petition shalf not be coasidered as officially'fcl�duntil the lapse of seven (7) working days after it is received by tiie Planning Division. Any siguator of this petition may withdraw his/l�er name tl�erefrom by ��Titten request within that time. � � 9� io�l CITY OF SAINT PAUL � CONSENT OF ADJOINING PROPERTY O�VNERS FOR A REZONING We, [he undersi�ned, owners of the property within ] 00 feet of the rotal contiguous description of real estate o�vneci, purchased, or sold by THE PETITIONE2 within one year precedina the date of Ihis petition ncknowledoe that we have been presented tvith the foliowin�: A copy of tl�e petition of Donald C. Frable and Steven D. Winover (name of petitioner) to rezone the property located at i kftft l7y�anA �yanna St,, pa»> � SSl (1� from a RM-7 zoning district [o a g_�� zoning district. �� 2. A copy of sections 60. 571 dvouoi� 60. 575 , inclusive of the Saint Paul Zoning Code; and acknowled�e that we are aware of all of [he uses permitted in aB-2C zonino dis[rict and we are aware that any of these uses can be established upon City Council approval of the rezoning. We fiereby consent to the rezoning of the property in t}:e petition oF, nona� d C. Frabl P and St.P=ren D. Wi nover to a � zoning district. (Name of petitioner) "4Ve consent to the �pprov�l of this rezoninb �s it was exPlained .to us Uy the �pplic.int or l�islher represent:�tive. NOTE: Tlus petition shall not be considered as officially fited unti( the lapse of seven (7) �vorkina days aRer it is received by tlie Pllnning Division. Any signator of this petition may widldraw his/her name therefrom Uy written request within tha�t Cime. CITY O�' SAINT PA�3�, CONSGNT Or ADJOINING PROPERTY OWNERS I'OR A � REZONING We, the undersianed, o�vners of the property within 100 feet of the total contiguous description of real estate o�vned, purchased, or sold by THE PET[TIONER within one year preceding the date of [his petition �cknowledge that we have been presented tvith the follo�vino: A copy of tlie petition of Donald C. Frab2e and Steven D. Winover (name of petitioner) to rezone the property located at i 1�RA r.,-A.,.� n S{� Pfli� MN �Sl (15 from a RM_? zoning district to a n_2r zonine district. 2. A copy o(sections 60. 571 tlirough 60. 575 , inclusive of the Saint Paul Zoning Code; and acknowled�e that we are aware of ali of [he uses permitted in aB-2C zoning district and we are aware that any of these uses can be establislied i+pon City Council approval of the rezoning. \Ve hereUy consent [o the rezonino oPthe property in the petition of; Tk�nal d C. Frabl e and Steven D. Winover to a R-2C ZOnin� dist[ict. (Name of peti[ioner) We consent to the approval of Yhis rezoning as it �v�s exp]ained.Yo us by fhc �nnlirant m- hic/hrr renrrcrntntive. � r� � ❑ NOTr: This petition sha(I not be considered as officially filed until the lapse of seven (7) working days 1Cter it is received by the Planning Division. Any signator oEthis petition may widldraw his/her name ihcrcfrom Uy written request within th:�t time. 9� i�� ZONING PETITION SUFF'ICIENCY CHECK SHEET REZONL�iG SCUP IrCUP � FIRST SUBMITTED DATE PETITION SUBMITTED: �� d DATE OFFICIALLY RECEIVED: � �S' 3-I� PARCELS ELIGTBLE: PARCELSREQUIRED: PARCELS SIGNED: l� � � 1 RESUBVIITTED DATE PETITION RESUB�fITTED: DATE OFFICIALLY RECEIVED: PARCELS ELIGIBLE: PARCELSREQUIRED: PARCELS SIGNED: . CHECKED BY: � � DATE: U � � �� z o rv � N �� 9�-��5 i � � 1. SLTNRAY-BATTZECREEK-HIGHWOOD 2. HAZEL PARK HADEN-PROSPERITY HILLCREST 3. WEST SIDE 4. DAYTON'S BLUFF 5. PAYNE-PHAI,EN 6. NORTH END �. THO�fAS-DALE 8. 9. 10. 11. 12. 13. � 15. 16. 1�. SUMMIT-LTNIVERSTTY WESTSEVENTH COMO HAMLINE-MIDWAY ST. ANTHONY PARK MERRIAM PARK-LEXINGTON HANfLINE-SNELLING HAMLINE MACALESTER GROVELAND HIGHLAND SUMMIT F�I.L DOWNfOWN ZONING FILEa�"Z� , CITIZEN PARTICTPATION PIANNING DISTRICfS 9 �-io� � ��=-- , ^ : __.._��..� ....._.. ; ^== i �_ �, ....... '� =_ c; �� -_.-. j I��'� � f a ',,..� � _ I� � O l ;�'�� _ 1.�.�—��7 '�= � I ,�'�� 1�_� � ;,� \ , 1 � ., ��; ,.� . .:.... .. '� ::.:::: DISTRICT 14 ( � ' �' (' � ° !i� y _ GROVELAND–MACALESTER � �� ;�- � � � �� 31��rn ; •.,��_ .r: —� .� '� ,. ,.� � ' ` � I �- �� t — -- , �, u �i � � J� � t / � � w m _i Q , ` � � � r r Z APPUCANT � --- v�� vv�•v►v �w•v � y,, C PURPOSc �ww••�^! FILE N � G�/� DATE v�� PWG. DfST._! �— MAP n--I_SL__ ��^ � "� _� _ LEGEND ...�,..�., zoning district bouridary �%////%/// . - « • . • ■ i 0 one tamily � two family S5,-� � multiple family CITY n �RFt� o e n COmlilctC�d� d csosc Ii1C�U$�;If:� V VdC��"1i � _ _ —_,�-._---- .s;<.�- � .__