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98-174Council File # � ORIGINAI. Presented By Referred To Committee: Date 2 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 WI�REAS, Mary Lou Law, pursuant to Saint Paul Legisiative Code § 64.300(a)(2), applied for a non-conforming use permit governed pursuant to the provisions of Saint Paul Legislative Code § 62.102, for the purpose of establishing a duplex as a legal non-conforming use at the property commonly known as 1354 Birniingham Street, said property being legally described as: subj to st; ex S 5 ft; N 67 ft& W 165 ft of Lot 13, Block 6; Rogers and Hendricks Aere Lots No. 2, Saint Paul, Ramsey County, Minnesota; and WHEREAS, the Zoning Committee of the Saint Paul Plamiing Commission conducted a pub]ic hearing on the application on October 30, 1997, at which all persons present were given an opportunity to be heard pursuant to said application in accordance with requirements of Saint Paul Legislative Code § 64.300; and WHBREAS, the Saint Paul Plamung Commission, based upon the evidence presented to its Zoning Committee at the said public hearing, as substantially reflected in the minutes thereof, made the following fmdings of fact: The s1ructure is currently used as a duplex. It is located on the western half of the lot, which is zoned A-3. The garage is located on the eastern part of the lot, which is zoned RT-1. 2. The area and frontage of the lot (67 feet (Winchell) x 270.7 feet x 121 feet (Birmingham) = 27,047 square feet) exceed the minimum standards for a duplex under the Schedule of Regulations of the Zoning Code (6,000 sq. ft. azea and 50 feet frontage). 3. The Plauving Commission may grant a non-confornung use permit when there is conformance with code requirements: a. The use occurs entirely within an eaisting structure. This condition is met. The two units are entirely within the main structure. Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNES07A �s b. The use is similar to other uses permitted within the district. This condition is met. The duplex use is snnilaz to the single family uses to the west and the single fanuly and duplex uses to the east. If the structure were located on the eastem half of the lot, it would be in conformance with the zoning code requirements for 2- family residential. � 0$55 9� ��y 2 c. The use has been in esistence continuously for a period of at 3 least ten years prior to the date of the application. This 4 condition is met. The applicant has submitted lease agreements S dating back to June, 1983. Other leases were signed in 1486, 1987, 6 1988, 1989, 1991, 1994, 1995, and 1996. City directories for these 7 years do not list two households at this address. 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 d. The off-street parlung is adequate to serve the use. This condition is met. There is a 2-car on the lot as well as a blacktop pazking pad off the dtiveway from Birnvugham that will accommodate at least 1 car. The zoning code requires three spaces for new construcrion. e. Hardship would result if the use were discontinued. This condition is met. The applicant has submitted figures showing that the total rental income from the properiy is currently insufficient to cover expenses, and that the shortage would be worse if the structure were converted to only one unit. The first floor unit rents far $700 per month, while the upstairs rents for $450, for a total income of $1,150. Monthly expenses, including mortgage payment, tases, utilities, insurance and maintenance, total $1433.15. f. Rezoning the property would result in "spot" zoning or a zoning inappropriate to surrounding land uses. This condition is met. Rezoning would result in the RT-1 district extending beyond the back lot lines between Winchell and Biruiingham into the R-3 district along Birmingham. g. The nse will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety, or general welfare. This condition is met. The existing neighborhood character includes both single family and duplex dwellings. h. The use is consistent with the comprehensive plan. This condifion is met. The Housing Policy Plan recommends decreasing density in areas where residential density is too �eat. The size of the lot is such that this area is not overly dense. The plan also calls for exploring the feasibiliiy of code compliance inspections to duplex rental units. I. A notarized petition of 2!3 of the property owners within one hundred feet has been submitted stating their support for the use. This condition is met. The applicant has submitted a petition. Nineteen pxoperties are eligible; thirteen signatures are needed. Applicant's petition has thirteen signatures. 2 98-i�y 2 4. In addition to the zoning code requirements, the Planning Commission 3 approved guidelines for nonconfonning use pernuts for duplexes in 4 residential districts. These guidelines call for staff recommendation of 5 denial unless all of the following conditions aze met: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 A. Lot size of at least 5,000 square feet with a lot width or front footage of 40 feet. ApplicanY s lot has 121 feet of frontage on Binningham (front yazd) and 67 feet of frontage on VJinchell and a lot azea of 27,047 square feet, meetiug this guideline. B. Gross living area, after completion of duplex conversion, of at least 1,8U0 sqnare feet for the two nnits. This guideline is not met. According to the applicanY s floor plans, the azea of the first floor unit is 1,222.5 square feet; the area of the second floor unit is 479 square feet. The total is 1,701.5 square feet, or 98.5 squaze feet short of the requirement. If the units were certified as code compliant, concerns about overcrowding would be addressed. C. Three off-street parking spaces (non-stacked) are preferred; two spaces are the required minimum. A site plan showing improved (durable, permanent, dustless surface) parking spaces must be provided. This guideline is met. applicant submitted a site drawing (not to scale) for the rezoning request that shows a 2-car garage and two bituminous parking pads. D. All remodeling work for the dupleg conversion is on the inside of the structure. This guideline is met. The structure is currently a duplex, no remodeling work is needed to complete a conversion. E. The proposed duplex structure is located in a miaed density neighborhood, not a homogeneous single-family area or in an area where duplexes and tripleaes are already concentrated to the point of congesting neighborhood streets. This guideline is met. The neighborhood is mixed density and not overly congested. F. A code compliance inspection has been conducted and the unit is found to be up to the housing code standards; or the property owner has agreed to make the necessary improvements to bring it to housing code compliance. This guideline is not met. No inspection has been made by the Health Department. Fire and Safety Services (which inspects shuctures with three or more units) verified the e�stence of a basement unit whereupon the applicant submitted the rezoning petition that was denied by ihe CiTy Council. Approval of legal nonconforming status should be contingent on meeting housing code requirements. 3 � 1 i� 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 r� , G. An economic feasibility analysis has been conducted for those cases where economic hardship is claimed as one reason for the variance request. This guideline is not met. The informafion provided by the applicant is insufficient to support a detenuination that complying with the Zoning Code is not feasible; and VJHEREAS, the Saint Paul Planning Commission duly resolved in Planuiug Commission Resolution File No. 97-77 dated November 7,1997, to deny the application for a Non-conformiug Use Petmit to allow the establishment of the subject duplex as a legal non- confonniug use of the property at 1354 Binningham Street based upon findings 4B, 4F, and 4G noted above; and WHEREAS, on November 21, 1997, the appellant, pursuant to Saint Paul Legislafive Code § 64.206, filed an appeal of the Saint Paul Plaruiing Comxnission decision as contained in Plamiing Commission Resolution File No. 97-77; and V1f�REAS, on December 10, 1997, a public hearing was duly conducted by the Council of the City of Saint Paul at which time the Council considered the petition, the report of staff, the record, the minutes and resolution of the Saint Paul Planning Commission as well as the testimony submitted and thereafter made the following findings with respect to the appeal of Mary Lou Law: Based upon all the evidence submitted, there are no enors in any fact, procedure, or finding on the part of the Planning Commission in this matter. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Saint Paul, that the appeal by Mary Lou Law of the decision of the Saint Paul Planning Commission denying her application for a non-conforming use pernut for the properiy commonly laiown as 1354 Birminghaan Street, St. Paul, Ramsey County, Minnesota, as contained in Planning Commission Resolution No. 97-77, dated November 7, 1997, is in all things denied; and L! � 2 3 4 5 6 7 8 9 10 98-�7y BE IT FURTI�R RESOLVED, that based upon the decision of the City Council finding no enor in fact, finding, or procedure on the part of the Saint Paul Planning Commission, that the findings in the aforesaid Planning Commission resolution are hereby adopted and incorporated herein by reference as the findings of the Saint Paui City Councii; and BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to Mary Lou Law, the Saint Paul Planning Commission, and the Saint Paul Zoning Administratar. ORIGINAL Requested by Department of: Certified by Council Secretary By: _�_ Approved by By: Form Appro by City Attorney BY: �, ��� Approved by Mayox for Submission to Council ey: Adopted by Council: Date �q�c�n \\ `�CI`C�� 98 �7v Council DAh �NRa7E0 March 3, 1948 GREEN SHEET No 60855 ov,u,�r o�ara� March 11, 1998 xuwsae wrt noururo TOTAL # OF SIGNATURE PAGES ❑ arv�noufv ❑ arvmK ❑ rwxcuo.seavicrsun ❑ wuxcu�a ❑ Wl'dtWMYi�TAM) � (CLIP ALL LOCATIONS FOR SIGNATURE) Finalizing City Council action taken December 10, 1997 denying the appeal of Mary Lou Law to a decision of the Planning Commission denying a non-conforming use permit to establish that a duplex is a legal non-conforming use of property at 1354 Birmingham Avenue. PIANP7ING CAMMiS410N CIB COMMITfEE GVIL SERVICE CAMMISSION 1��I4 7 Has this pe�soMirm eu� w�etl uMer a coriUact Tor fhie depertmeni? vES nro Hes tMe ve�✓firm a,er teen a city empwyee9 YES NO Dces ihis PeisoMim G� a slall Iwt �alma��YP� by anY anent city emGloYee? YES NO Is Mis PerswJfirtn a tergHetl vendoYT YF9 NO OF TRANBACT{ON SOURCE COSTIREVENUE BU06ETED (CIRCLE ON67 ACTNITY NUMBEF[ � i^'�'f�'�f�] �iB-r7� OFFICE OF THE CITY ATTORNEY PegBirlr, CiryAnorney CITY OF 5AINT PAUL Norm Colemax, Mayor Civi1 Division 400 Ciry H¢!! IS �estKelloggBlvd Sain1 Paut Mbmesola SSIO2 Zelephone: 612 266E710 Fac.rimile: 612 298-5619 March 3, 1998 Nancy Anderson Assistant Secretary Saint Paul City Council Room 310 Saint Paul City Hall RE: Appeal of Mary Lou Law, Zoning Resolurion No. 97-77, Public Hearing Date December 10, 1997. Deaz Ms. Anderson, Attached please find the signed as to form original of a council resolurion memorializing the decision of the Saint Paul City Council in the above entitled matter. Please place this matter on the consent agenda at your earliest convenience. Very truly yours, ���� Peter W. Warner 9�- ��� CITY OF SAIN'f PAUL Norm Coleman, Mayor November 24, 1997 Ms. Nancy Anderson City Councii Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: DEPARTMETIT OF PLANNING � & ECONOMIC DEVELOPMENT Pamela Y�heelock, Direcior , 25R'estFourthStreet Telephone:612-266-66�5 SaintPaul,MN55702 Facsimile:612-228-3261 C�?s:# Atr�af�s! �ti� fi•�=; V 2 = i�37 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday December 10, 1997, for the following appeal of a Planning Commission decision denying a nonconforming use permit: Appellant: IvIARY LOU LAW File Number: #97-304 Purpose: Appeal a Planning Commission decision denying a nonconforming use permit to establish that a duplex is a legal nonconforming use of properiy Address: 1354 Birmingham Ave. Legal Description of Property: subject to street; except South 5 feet; North 67 feet and West 165 feet of Lot 13, Block 6; Rogers and Hendricks Acre Lots No. 2 Previous Action: Planning Commission Recommendation: Denial; vote: Unanimous, November 7, 1997 Zoning Committee Recommendation: Denial; vote: 5-0, Octobet 30, 1997 My understanding is that this public heazing request will appear on the agenda for the December 10, 1997 City Council meeting and that you will publish any required notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6639 if you have any quesfions. -�i � �,;�., � Patricla James City Planner xoxic� oF roarac �annvG - - Cc: Fi10 #97-3�4 The Saint Paul CiTy Covncil wil9 conduct a public heazing on Wednesday, December Mi1C0 KI'a0m0r 10. 1897, at 4:30 p.m. in the City Councii Chambers, Third Floor, City Hall-COUrt-HOUSe, to consider the appeal of Mary Lou Law to a decision of the Planning Commission denying Donna SandeCS a non-conforming use pemilt to establish that a duples is a legal non-rnnforming use of property at 1354 BiYmingham Avenue. Dated: November 24, 1997 NANCY ANDERSON - . - " - Assistant City Council Secreta�y , ' � - � (Novembei' 26. 1997) DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT � � CITY OF SAINT PAUL Norm Coteman, Maynr November 24, 1997 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 Division of P/mmrng 25 West Fourth Stree[ Saint Paui, MN 55702 �8-I � �- TeZepiwne: 6I2-266-6565 Facsimi(e: 6I2-228-3314 RE: Zoning Fi(e #97-304: MARY LOU LAW City Council Hearing: December 10, 1997 430 p.m. City Council Chambers PURPOSE: Appeal a planning commission decision denying a nonconforming use permit establishing that a duplex is a legal nonconforming use of property. - PLANNING COMMISSION ACTION: DENIAL IInanimous ZONING COMMITTEE RECOMMENDATION: DENIAL 5-0 • STAFF RECOMMENAATION: DENIAL. SUPPORT: The app]icant was present and spoke. OPPOSITION: No one spoke in opposition. Two letters were received. Council voted to oppose the nonconforming use permit. Dear Ms. Anderson: The District 2 Community MARY LOU LAW has appealed the decision of the Saint Paui Planning Commission to deny a nonconforming use permit to establish a duplex as a legal nonconforming use of property located at 1354 Birzningham Street. The Zoning Committee of the Saint Paul Planning Commission held a public hearing on the request on October 30, 1997. The applicant addressed the committee. At the close of the public hearing the committee voted 5-0 to recommend denial of the permit. The Planning Commission upheld the Zoning Committee's recommendation for derrial on a unanimous vote on November 7, 1997. This appeal is scheduled to be heard by the City Council on December 10, 1997. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Sin iy, _ <\�� Patricia N. James C3ty Planner • Attachments cc: City Council members m APPUCAT(ON FOR APPEAI. . `�) Department of Planning and Economic Development �� Zonine Section — - - - IZ00 City Hall Annex 23 West Fourth Street Saint Paul, MN 55102 166-6589 APPELLANT � Name Mary Lou i.aw Add�ess 2050 Pathwavs DrivP City St. Paul St.MNZip55119 Daytimephone 776-9b38 PROPERTY LOCATION TYPE OF APPEAL: Application is hereby made for an appeal to the: C' Board of Zoning Appeals L�1 City Council • under the provisions of Chapter 64, Section 206 , Paragraph a of the Zoning Code, to appeal a decision made by the Saint Paul Planning Commission on November 7 , 19 47 , File number: 97-244 (date of decision) Zoning File Name Mary Lou Law Address/Location 1354 Birmingham St. GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. 5ee Attached. . l Atfach addrtional sheet if necessary) Applicant's Dennis K.�ICispert Attorney for Applicant Date/�o;,�_ 2/ 1�� TCity agent. ��' �8-t�� q�'-r�� � GROUNDS FOlt APPEAL: The Saint Paul Planning Commission made errors in facts, requirements and findings in denying the i3onconforming Use permit to establish a duplex as a permitted nonconforming use of the property at 1354 Birmingham St. in Saint Paul. 1. Findinq 4B is in error. The Commission failed to consider the square footage of the basement area as part of the total square footage of the duplex. This would increase the square footage well beyond the 18�0 sq. ft. requirement for a duplex. 2. Finding 4F is in error. Appelant attempted on numerous occasions to schedule a compliance inspection on the property both before and since the planning commission hearinq. She was informed by Fire and 5afety Services that because the building had less than three units, Fire and Safety has no jurisdiction to do an inspection. The health department was contacted to schedule an inspection. To date, they have refused to schedule an inspection. Appelant is presently contracting for an independent compliance inspection of the groperty. Appelant previously agreed, on the record, at the planning commission hearing to make all neoessary improvements, if any, to bring the dwelling into code compliance. The staff report • indicates that approval of the nonconforminq use should be contingent on meeting the code requirements, acknowledging that a commitment by the property owner to make the necessary improvements is sufficient to meet the inspection requirement. 3. Finding 4G is in error. The Commission erred in finding that this guideline has not been meet. The staff reports found that an economic hardship exists at this property. Staff found that there is currently insufficient income to aover the expenses of the property and that the shortfall would be worse if the structure were converted to a single unit. Staff Findinq 3e Additionally, there would be significant additional expenses incurred in converting the property to a single unit. Costs which would need to be financed by the owner, thereby increasing the shortfall and the economic hardship after any conversion. Finally, the staff report found that guideline 4G had been met. Staff Report Findin� 4G. , DEPARTMENT OF PLANNING & £CONOMIC DEVELOP,UfENT � ' CITY OF SAINT PAUL Norrn Coleman, Mayar r.w. November 7, 1997 Ms. Mary Lou Law 2050 Pathways Drive Saint Paul, MN 55119 Divisiors ofPlarmirsg 25 Wett Fourth Street Saint Pau(, MN55102 9�-�°�� Telephone: 612-266-6565 Facsimile; 6I2-22&3314 RE: Nonconforming Use Permit to establish that a duplex is a legal nonconforming use of the properly at 1354 Birmingham Street Zoning File #97-244 I?ear Ms. L.aw: The Saint Paul Planning Commission voted on November 7, 1997, to deny your request for a nonoon£orming use permit to allow you to continue to use the property at 1354 Birmingham Street as a � duplex. Enclosed is the Planning Commission's resolution stating its findings. You may appeal the decision of the Pianning Commission to the City Council by filing an application and fee for appeal within fifteen days of the date of this letter. An appeal should be based on what you believe to be an error in any fact, finding, or procedure of the P(anning Commission. Enclosed is an appeal application. Please call me at 266-6639 if you have questions or if I can be of further assistance to you. " �/,� /7�' � _ �. '•- Patricia James City Planner Enclosures cc: File #97-244 Zoning Administrator License Inspector District 2 Community Council ' Mail Date: November 7,1997 �r�--t � � � city of saint paui planning commission resolution file number 97-?� �te Novemi�er 7, 1997 WFIEREAS, MARY LOU LAW, file #97-244, has applied for a Nonconforming Use Permit under the provisions of Section 62102 of the Saint Paul Legislafive Code, for the purpose of a Nonconforming use permit to establish that a duplex is a legal nonconforming use of the property, on property located at 1354 BIRMINGHAM ST., legally described as subj to st; ex S 5 ft; N 67 ft& W 165 ft of Lot 13, Block 6; Rogers and Hendricks Acre Lots No. 2; and VIHEREAS, the Zoning Commitiee of the Plazming Commission on 10130/97, held a public heazing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64300 of the Saint Paul Legislative Code; and WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public heazing as substantially reflected in the minutes, made the following findings of fact: • 1. The structure is currently used as a duplex. It is located on the western half of the lot, which is zoned R-3. The garage is located on the eastern part of the 1ot, which is zoned RT-1. 2. The area and frontage of the lot (67 feet (Winchell)x 270.7 feet x 12l feet {Bnmingham) = 27,047 squaze feet) exceed the mnumum standards for a duplex under the Schedule of Regulations of the Zoning Code (6,060 sq. ft. area and 50 feet frontage). 3. The Planning Commission may grant a non-conforming use permit when there is conforxnance with code requirements: a. The use occurs entirely within an existing structure. This condition is met. The two units are entirely within the main shucture. b. The use is similar to other uses permitted within the district. This condition is met. The duplex residential use is similaz to the single family uses to the west and the single family and duplex uses to the east. If the structure were located on the eastem half of the lot, it would be in confarmance with the zoning code requirements far 2-family residential. moved by �'ield seconded by in favor U�i�� against 9�-r�� � c. Tlze use has been in ezistence confinuously for n period of at least ten years prior to ilse date oft{:e applicafion. This condition is met. The applicant has submitted lease agreements dating back to June, 1483. Other leases were signed in 1986, 1987, 1988, 1989, 1991, 1994, 1995, and 1996. City directories for these yeazs do not list two households atthis address. d. The off-street parking is adequate to serve the use. This condition is met. There is a 2-caz gazage on the lot as weli as a blacktop pazking pad off the driveway from Birmingham that will accommodate at least 1 caz. The zoning code requires three spaces for new construction. e. Hards{zip would result if tlae use were discontinued. This condition is met. The appiicant has submitted figures showing that the total rental income from the property is currently insufficient to cover expenses, and that the shortage would be worse if the structure were converted to only one unit. The first floor unit rents for $700 per month, while the upstairs rents for $450, for a total income of $1150. Monthly expenses, including mortgage payment, taxes, utilities, insurance, and maintenance, total $1433.15. ,f. Rezoning the prnperfy would result in "spot' zoning or a zoning inappropriate to surrounding land uses. This condition is met. Rezoning would result in the RT-1 district extending beyond the back lot lines between Winchell and Birmingham into the R-3 • district along Birnungham. g. 7&e use wiU not be detrimental to the e.xisting character of development zn the immediafe neighborhood or endanger the public heallh, safety, or general welfare. This conditian is met. The existing neighborhood chazacter includes both single fanuly and duplex dwellings. h. The use is consistent with the compre{zensive plan. This condition is met. The Housing Policy Plan recommends decreasing density in areas where resi@ential density is too great. The size of the lot is such that this azea is not overly dense. The plan also calls for exploring the feasibility of code compliance inspections to duplex rental units. Z. A notarized petition of 2t3 of the property owners within one Izundred feet has been submitted stating their support for tl:e use. This condition is met. The applicant has submitted a petition. Nineteen properties are eligibie; thirteen signatures are needed. ApplicanYs petition has thirteen signatutes. . 4. In addition to the zoning code requirements, the Planning Commission approved guidelines for nonconforming use permits for duplexes in residential disiricts. These guidelines call for staff recommendation of denial unless all of the following conditions aze met: � A. Lot size of at least 5,000 square feet with a lot width or fronf footage of 40 fee� ApplicanYs lot has 121 feet of &ontage on Birmingham (front yazd) and 67 feet of ��-��� � frontage on Wincheil and a lot azea of 27,047 square feet, meeting this guideline. B. Gross [iving area, after completion of duplex conversion, of at leasf I,800 square feet for the 2wo units. This guideline is not met. According to the applicant's floor plans, the area of the first floor unit is 1,222.5 squaze feet; the area of the second floor unit is 479 squaze feet. The total is 1,701.5 square feet, or 98.5 squaze feet short of the requirement, If the units were certified as code compliant, concems about overcrowding wouid be addressed. C. Three off-street parking spaces (non-siacked) are preferred; two spaces are the required minimum. A site plan sfzowing improved (durable, permanent, dustless surface) parking spaces must be provided. This guideline is met. Applicant submitted a site drawing (not to scale) for the rezoning request that shows a 2-caz garage and two bituminous pazking pads. D. All remodeling work for tfie �iuplex conversion is on the inside of the structure... This guideline is met. The structure is currently a duplex, no remodeling work is needed to complete a conversion. E. T'he proposed dup[ex structure is located in a mixed density neighborhood, not a hotnogeneous singte famity area or in an area where duplexes and triple.zes are atready concentrated to the point of congesting neighborhood streeu. This guideline is � met. The neighborhood is mixed density and not overly congested. .F: A cade compliance inspection has been conducted and the unit is found to be up to the housing code standards; or the property owner has agreed to make the necessary improvements to bring it to housing code comptiance. This guideline is not met. No insgection has been made by the Health Department. Fire and Safety Services (which inspects structures with three or more units) verified the existence of a basement unit whereupon the applicant submitted the rezoning petition that was denied by the City Council. Approval of legal nonconforming status should be contingent on meeting housing code requirements. G. An economic feasibility analysis has been conducled for those cases where economic hardship is claimed as one reason for the variance reyuest This guideline is not met. The information provided by the applicant is insu�cient to support a determination that compiying with the Zoning Code is not feasible. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commissian, that under the authority of the City's Legislative Code, the application for a Nonconfornung Use Fernut to allow Nonconformine use permit to establish that a duplex is a legal nonconforming use of the property at 1354 BII2,�r1INGHAM ST is hereby denied, based on findings 4B. 4F, and 4G. 9� f 7� � Saint Paul Planning Commission City I�Iall Conference Center 15 Kellogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul was held Friday, November 7, 1997, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Duarte, Engh, Faricy, Maddox, Nordin, Treichel, and Wencl, and Present: Messrs. Field Jr., Kramer, McDonell, Nowlsn, Vaught and Wilson. Commissioners Ms. *Geisser and Messrs. *Chavez, Gordon, Gumey, *Johnson, *Kong, *Mazdell, and *Sharpe. Absent: *Excused Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Roger Ryan, and Larry Soderhotm, Department of Planning and Economic Development staff. I. Approval of Minutes of October 10 and October 24,1997 ! MOTION: Commissioner Kranzer movect to approve the minutes of October IO and 24, I997; Commissioner Nordin secon�fed tlze motion which carried unanimously on a voice vote. II. Chair's Announcements Chair McDonell announced that Commissioner Maddox has resigned from the Planning Commission. Her resignation �vill be effective when the Mayor replaces her. The Steering Committee met today before the Planning Commission meeting. They reviewed the 1998 meeting calendar, A copy of it wiil be sent in the nexY mailing. Chair McDonell announced that he will be leaving at 4 a.m. at which time Commissioner Vaught will take over as Chair. ITI. Planning Administrator`s Announcements Mr. Ford announced that PED staff that participated and the members of the leadership team who were there were most appreciative of the workshop last Friday, and felt that it was very valuable communication. They �vere very impressed with the Commission members' engagement, and grateful for your willingness to take part in it. Mr. Ford announced that at 1 p.m. on Thursday, November 13, there is a presentation on the Learning From Series that Minneapolis City Planning is sponsoring. IYs at the Library on Nicollet Mall in downtown Minneapolis. The forum is on some ofthe particularly successful experience in the country in building highly economically integrated new housing in intercities. ��-1 �� • The Comprehensive Planning and Land ilse Committee will meet at 4 p.m. in the aftemoon of Wednesday, November 12, 1997, Gvhere there wil( be further discussion of the CAAPB Comprehensive Plan. IV. Zon'sng Committee #97-207 Mendota Homes - Special condition use permit to allow a 10 unit cluster development at the southwesf quadrant of Lexina on and 5t_ Claic (Beth Bartz, South���est team) Commissioner Field stated that the zoning cammittee and land use committee of the Summit HiII Association had recommended deniai. No one spoke in support. After extensive testimony from the neighborhood and discussion with the applicant, the Zoning Committee agreed, and on a vote of 6- 0 laid the matter over hoping to bring the neighborhood and the developer together to try to find appropriate compromises to some of the issues involved in the project. #97-244 Mary Lou LaFV - Nonconforming use permit to establish a duplex as a legal nonconforming use of the property at 1354 Birmingham Street. (Patricia James, Northeast team) Commissioner Field explained that previously the Zoning Committee had denied a request to make this a triplex. Additionally, the City Council denied the applicanPs request, Based upon these facts, among other things, the gross living area afrer completion of the duplex was under the prescribed number of square feet. In addition, code compliance inspections had not been made. • MOTION: Commissioner Fie1r1 n:ovec! clenirr! of a requeslecl nonconforming use permit to establislt a �Luplex as a legal nonconforming iise of the property at 1354 BirnzingJaana Street which carried unanrmousty on a voice vote. #9�-257 Java Drive Inc - Enlargement of a nonconforming use to allow a coffee kiosk on this site with an existing nonconforming auto specialty store at iQ94 Randoiph Avenue. (Jim Zdon, Southwest team) Commissioner Field stated that in approximately 1945-46, a Java Dtive Irtc �vas approved at the intersection of approximately Snelling and West Seventh Street. It is the applicant's intention to move that facility to 1094 Randolph Avenue. He added that staff provided some interesting traffic flow information at that intersection. The Highiand Area Community Council did not take a position. No one spoke in support or opposition. MOTION: Commissioner Field moved denfal of the requested entargement af n noncnnforming use to allow n coffee kiosk nt I094 Randolph Avenue. A concern expressed at the Zoning Committee was regarding this methodology and was it the appropriate way to facilitate the placement of this facility at that corner. There �vas less a concern about whether it would he an appropriate use to have there. 2 q� i7� • Commissioner Vaught noted that he had two concems: 1) traffic flow; and 2) accident data. Specifically, he was looking for was some way to compare this location wiih the other hvo locations: I) Marshall and Snelling; and 2) tiVest Seventh near Snelling Hill. He noted that Mr. Ryan did a very good job of putting together those statistics which convinced him that this location is nat materially different from the other t4vo locations in terms of the flow of traffic pattern or accident data_ If anything, ihe data put this location in the middie of the ot0er rivo. So his concems were put to rest, The question that he had led him to make the motion to deny was the wording ofthe code with respect to expansion of a nonconforming use. He reads the code that when you talk about expansion of a nonconforming use, you are talking about the existin� use on the Iot you are expanding. He found it difficult to understand how a coffee kiosk could be an expansion of an auto specia(ty store. Since then, he has thought about it and althou�h he nould prefer that be considered a change in noncooforming use from an auto specialty store to an auto specialty store and a coffee kiosk, he can't see that it makes a lot of difference. He does not think that the code addresses this situation perfectly. He went on to say that he thinks this is a good use; it provides a service. Upon reading and re- readinQ the code, he can caff this an expansion of a nonconforming use, although just barely. MOTION: Comn:issione� [jauglrt moved, ns r� substitute motion, to approve tlre request fvr an enlargement of n nonconjnrn:ing use to allow a coffee kiosk on tlris site witk an exisiing nonconforming auto specinity store af 1 D94 Randolph; ilse motion was secon�led by Commissioner Mnddox. � CommissionerField stated that he had come prepared to vote in opposition to this in accordance with the staff recommendation untit he saw Mr. Ryan's data. Having seen ihat data, he could convince himself that this is not goino to create an overwhelming hazard. Tlze motion of the substitute motion carried unanimously on a voice vote. Mr. Ford clarified the information. The staff recommendation was for denial. Staff does not think that the change in nonconforming use was intended to cover this situation, and staff thinks that it's appropriate that it doesa't. Commissioner Treichel asked for a ctarification on the reason for denial. Mr. Ryan stated that the reason for denial was the traffic situation, not the procedures. Commissioner Vaught interjected that is why he speciftcally asked for the traffic and accident data. On the basis of that data, he is able to conctude that there is essentially no difference between this location and the location of Marshali and 5nellin�. If anything, this use is less intense. Commissioner Field clarified, that he believed, at the time af the Zoning Committee vote, there �vas a great deal of discussion as to the procedure as opposed to the traffic flow as the purpose and reason for denial. ��-i�� • Commissioner Vaught stated that it is clear to him that Commissioner Gordon's vote to deny Gvas based on the traffic situation. The motian on the floor 10 npprove ihe enlargemeni of a nonconforming use to allow a caf,f'ee kiosk on tlris site with an existine nonconforming auto specialty stare ai I Q94 Randolpli Avenue ca�ried ununimously on a voice vote. #97-258 IIS West Communications - Special condition use perrnit to allow a 90' cellular telephone antenna at 426 Fairvie�v Avenue North. (Nancy Homans, Northwest team) Commissioner Field reported that this item was laid over until November 13, 7997. #97-259 US West Communications - Special condition use permit to allo�v a 90' cellular telephone antenna at 1b69 Arcade Street. (Patriciz James, Northeast team) Commissioner Field stated that this item was also laid over until November 13, 1497. He read the agenda for the next Zoning Committee meeting, Thursday, November 13. Commissioner Treichel asked what the slope of Ramsey Hill is. Mr. Soderholm responded that it is 1 I per cent. V, Comprehensive Planning and Economic Development Committee Commissioner Maddox announced an upcoming meeting with Neighborhood Planning and � Land Use Committee next Wednesday, November I2, at A p.m., in the 14th floor Conference Room in the City Hall Annex. VL 1�Teighborhood Planning and Land Use Committee Commissioner Treichel announced the next meeting, Monday, November 17, at 3:30 p.m. in the 14th floor Conference Room in the City Hali Annex. VII. Communicafions Committee No report. �TIII. Task Force Reports Commissioner Treichel announced that the Housing Task Force wilt begin to have focus meetings on Tuesday mornings beginning November 18 and continuin$ through December 4, 1991, from 8-930 a.m. People �vilt be speaking on specific issues of housing; affordable housing being the topic on the I Sth. She invited Commissioners to attend. Chair McDonell left the meeting. Commissioner Vaught took over as Chair. 0 ��' i7� � �. oia Bus;n�s Cammissioner Treichel, on behalf of Cammissioner Gordon and herself, said that they appreciated the good attendance at the Planning Commissioner workshop last Friday. Commissioner Treichel commented that in the future the Commission should take more initiative to invite the people the Commission needs to communicate with about issues. Mr. Ford said that a few staff people met shortly after the �vorkshop last Friday to discuss what needed to be done tight away to be sure that some of the issues broueht up at the workshop were followed through on. Three sug�estions were brought to the Steerin� Committee this morning: Conan:issioner Review of Neighborhood Planning. As you have seen from the presentations, a good deal of the p(anning and development work underway in neighborhoods is not taking ptace with the formal "small area plan" designation which would prescribe a clear role for the Commission. This is creating a communication gap. Ft is important that the Commission have an opportunity to idantify issues of importance from its policy perspective ear(y on, and an effort on the pad of PED to keep the Commission up to date on the neighborhood efforts should help to make that possible. 2. Establish an Appropriate Certifrcation Framework for Neighborhood Plans. It's obvious that the relationship of neighborhood plans to the City Plan is a significant issue. It's an issue that is difficult to resolve Gvhen we do not have the means to keep aIl neighborhood- level plans up-to-date. Several ideas have been suggested, and some models are available M from other cities. We are proceeding to work out and describe the most promising alternatives and will bring these to the Commission for discussion. 3, Quadrant Liaison. The Commission has already made a decision to identify members for liaison roles 4vith each of the four quadrants within which PED organizes its work. We support this idea. Exactly how the liaison role might evolve we're not su�e, but we believe it �vould be useful naw for each of the quadrants to knoGV that they have one Commissioner willing to be a contact point and keep informed about what is going on in their portion of Saint Paul. Commissioner Treichel noted that there's a point of tension between neighborhood plans (District Plans and SAPs) and the Comprehensive Plan. In the process of doing SAPs over a number of years it became c(ear that we needed an overarching structure (Land Use Plan) into which each one of the SAPs would fit. Now the Comp Plan update is mandated by the State. Neighborhoods are looking at us suspecting that this may minimize the neighborhood plans. Another concem is that in previous years the small area plans were done with PED staff guidance; more and more now, small area plans are being done independently. So, we Iose the ongoing liaison with neighborhoods that we used to have which creates another point of tension. Mr. Soderholm noted that staff is working on models for solutions. He stated that at the last Nelghborhood Planning and Land Ilse Committee meeting, Commissioner Kramer suggested that we try to abstract from existing district and small area plaas one or two pages of land use policy that could be added to the back of the Land Use Plan as appendices so that we would 9�-��� • have a way to keep poiicy for each part of the City clear and knosv whaPs in the Comp Plan and �vhaYs not in the Comp P1an. We should have some dialogue with each neighborhood about their appendix. Commissioner Nowlin suggested that we try to designate �vhich plans should be in the Comp Plan and Gvhich ones should just be guidelines, and would not have the legal force of the Comp Plan. Ken Ford suggested that we reatly need to ]ook at models used in other cities. Mr. Soderholm continued to say that the goals for the new modei should: account for existing adopted plans in some �vay; account for the kind of neighborhood plannin� we see being done in the future, which �vill include more of the independent plans; be clear legaliy; and be administratively realistic about what can be accomplished. Commissioner Engh asked who is the principle audience for the Comp Plan? Who are we �vriting it for---developers, neighborhood groups, or the general citizenry? Mr. Ford responded by saying that iPs an important question; one that staff asks itself often. He replied that the answer is all of the above, if it's going to do its job. The Comprehensive Plan is not just an operational plan for City government. If it does its job, it provides a vision and a focus that affects a whole lot of actors in the City-- in the private sector, nonprofit sector, public sector, and a iot of organizations. It's a very broad audience and if it doesn't Gvork for bureaucrats, the directors of departments in the City who are putting budgets together for what their department is going to do, it's not going to be very well implemented. If it doesn't work for a mayor and a city council, people who have political interest but need to be able to talk about vision and direction in a clear and �vay, it's not going to do its job very effectively. � CommissionerNordin commented that she worked on the Midway Parkway Small Area Plan. It seemed to be very money oriented and time-frame oriented. At the time, she said that she wasn't aware of a City Comprehensive Plan or she would have had to consider it in working on the neighborhood p1an. She feels that the Comp Plan and neighborhood pfans are in two different worlds. Commissioner Nowlin noted that there is al�vays a tension with comprehensive p]ans and that comprehensive ptans in big cities are tough to do. Now that comprehensive plans have more power than zoning codes, they have the potential to be very strong documents. The questions is how do you want to change land development in the City? A developer can use a comp plan to force a change in, for instance, housing density, if the comp plan says we ought to have more housing density in an area. It can be a stimulant and it can have great power if people are wi(ling to put that kind of power into a comp plan. He stated that it is really the Planning Commission's opportunity to make a statement about what we think makes sense for the overall City. He continued to say that from what the Commission has heazd, the quadrants in PED are doing action oriented project development planning, bottom up, the way (ife normally works, but that PED isn't looking at the overall picture of the City. The Planning Commission has an opportunity with the Comprehensive Plan to make its statement about vazious areas of the City, vazious corridors, various needs, etc. IYs a coordinated statement of how �ve would like to see the City change. He added that it was great to hear what the quadrants are doing. What he finds frustrating on LJ ��-i�� • the Plannin� Commission is that it doesn't have the opportunity to speak to the quadrant people wl�at its wishes and concerns are. Is there a way the Commission can communicate its thoughts? Commissioner Treichel responded that in discussion earlier this morning, the Commission talked about having on-going presentations by the four quadrants throu�hout the year, at which time the Commission can ask our questions and make su� estions. In addition, she noted that Commissioners, possibly rivo, would become the liaisons to each one of the four quadrants. This structure �vould provided an on-going dialogue and a vehicle for the Commission to express itself more fully. Mr. Ford underscored what Commissioner Nowlin said and is requesting. He pointed out that a couple of years ago Mayor Coleman asked the Commission how he couid get more information from it. In other words, ho�v can the Commission do a better job of letting him know the things that it's concerned about and the things it sees going on in the City that he ought to be aware of? One thing that concerns staff is that where there really is effective communication going on is where the Commission has a decision to make, where there is action to take. Although communicating information is good because it sometimes generates good discussion, iYs not always c(ear that is doing anything to affect the system. There seems to be a need for something to be clear in the structure where the Planning Commission has a decision and everyone knows that something is going to have to measure up to some policies. There has to be an agreement that the Planning Commission has a clear role and a clear voice. � Commissioner Nowlin asked if any thought has been given to the idea doing capital budget improvements which combines STAR on a quadrant basis? Mr. Ford replied that he has not heard of such a discussion, but iYs an interesting idea. Commissioner Nowlin commented that there seems to be a disconnect behveen STAR and project ideas. Mr. Ford stated that Saint Pau] has had whaYs been regarded in the country as a model of what Capital Improvements Programs did for a long time, an innovative one thaYs broadty participative with our Capital Improvements Committee structure and the review of all those projects, programs by tHe Planning Commission. Perhaps iYs gotten a little stale. There's been a lot of interest in streamlining it because it probably doesn't work as well as it did because staff cannot put the kind of time and effort into processes as they used to. It's something ripe for looking at. He added that in the Minneapolis Comprehensive Plan, they are making a strong effort to ensure that there's a strong link beriveen the comprehensive plan and the capital improvement budgeting process and the operating department budgeting process. Commissioner Nordin suggested that not only the Mayor wants to be more informed, but perhaps the community also wants and needs to be more informed. She suggested having Planning Commission meetings on cable TV as City Council meetings are, and putting the Planning Commission agendas and minutes on the Internet. • ��� »� • Commissioner Nowlin suggested having a series about the Comprehensive Plan on cable TV. Commissioner Treichet asked Mr. Soderholm about the West Side Plan. To make the plan official, they do have to brin� it before the Planning Commission and the City CounciL There may be things in that plan that are not consistent with another plan. How is the Commission goino to evaluate those plans, and is the Planning Commission setting itself up for serious confrontations? Mr. Sodedtolm replied that PED staff kneGV that the p(an was 6eing done, but have not had a role in its development. He thinks there may be issues in that plan that need to be reconciled with city-wide policy. Plans that are initiated by neighborhoods without Planning Commission or PED participation are more difficult to inte�rate with city-wide policy. Commissioner Duarte asked how the priorities are set for both the Comprehensive Plan and neighborhood plans. Commissioner Treichel responded that her idea is that the priorities of the neighborhood plans need to be integrated into the Comprehensive Plan and other appropriate plans. Neighborhood plans always need to be negotiated with the Parks Plan, the Transportation Plan, regional plans, etc. It's not an easily defined list of priorities. Commissioner Engh is concerned about tryin� to keep the inte�rity of the neighborhood but have a document that gives consistent direction. She asked if part of the role of the Planning Commission is to resolve disputes? � Mr. Ford replied that resolving disputes is a critical part of the Commissiods role. He stated that was what he was getting at when he said there is something beyond sharing information that helps the Commission reach a decision; some clarity about roles. He said that the Planning Commission used to have a process in adopting district plans that included "boxed comments" where the Commission would adopt a district plan, but sometimes in that plan there would be a box around a particular recommendation and a statement that said, "The Plaaning Commission does not endorse this particular policy." It didn't resolve anything though. Commissioner Nordin thinks that the neighborhood plans are a vehicle to get their opinions and insights to the Planning Gommission. The Commission is the city-wide body that evaluates through the lens of the Comprehensive Plan. Commissioner Treichel responded that when the district plans were set up, it was her impression, that in the citizen participation process, if a district could agree on things, the pian was thought of as public policy, rather than a wish list. Mr. Soderholm stated that he thinks it's wron� to think of neighborhood planning as wish lists. In the neighborhood planning process, citizens are engaged with the City departments and other public agencies or whoever contro(s resources to try to Fvork towards something thaYs realistic and can be done. Maybe it starts otit with a wish list, but as the process continues, a realistic outcome emerges. • ��-J�� • Commissioner Treichel added that the Commission's concem is that ivith the elimination of staff, the Commission no longer has that capacity to take the wish list, to sit down with the neighborhood for a year and come up with a realistic plan. She stated that her concern is that more and more of these independent plans will come in and we wiil have serious confrontation. In the past, staff and the commissioner did a good job of negotiating a realistic plan. Commissioner Duarte feels that the Commission needs to help neighborhoods improve their plans if they don't meet the standards of the Comprehensive Plan. Commissioner Treichel added that there is also a political dimension that plays into these plans that cannot be ignored. The Planning Commission does not have the Fnal say; City Council does. X. New Business No new business. XI. Adjournment MOTION: Commissioner Treiche! moved adjournment of today's meeting; Commissioner Eng secohded tke motion w1:ic1: crrrried unanimously on a voice vote. The meeting was adjourned at 9:53 a.m. • Respectfully submitted, Ken Ford Planning Administrator Approved �/ ' �i�' � �_ (date) Carole Faricy Secretary of e lanni ommission • q� >�� MINUTES OF TAE ZONING COMMITTEE � CITY COUNCIL CHAMBERS, SAINT PAUL, MINNESOTA ON OCTOBER 30, 1997 PRESENT: Mme. Wencl; Messrs. Chavez, Field, Gordon, Kramer and Vaught of the Zoning Committee; Mr. Warner, Assistant City Attorrey; Mmes. Bartz, Homans, Sames and Sanders and Mr. Ryan of PED. ABSENT: Faricy, excused Time: 6:30 - 7:20 p.m. The meeting was chaired by Litton Field, Chairperson. MARY LOU LAW• 1354 Birminaham Street• eastside between Iw and Arling on• #97-244: NonconforminQ Use Permit. To establish that a duplex is a legal nonconforming use of the property. Patricia James, PED, Northeast Quadrant, reviewed the staff report and presented slides. Staff recommended denial of the nonconforming use permit based on findings 4B and 4F of the sCaff report. The District 2 Community Council voted in opposition of the nonconforming use permit and requested that the portion of the lot zoned RT-1 be changed to R-3. District 2 submitted a listing of complaints from the Mayor's Information and Complaint Office as we11 as documentation of three phone calls in opposition. . Three letters were received in opposition. Commissioner Vaught reviewed with staff that in 1995/1996 the property owner sought a rezoning to RT-2 to establish three units in the structure. The rezoning had been initiated at that time as a result of the Fire Department determining that it was not a proper conversion. That request was denied. Vaught asked if at that time it was a single family residence. Ms. James responded that the building had been used as a duplex, that they were converting the basement to anoCher unit, and as a result the applicant was notified that they needed to establish a non-conforming status £or the duplex. Commissioner Vaught hypothesized that presuming a code compliance inspection were conducted and that it was up to housing code; and that this particular legislaCion requires a negative staff recommendation when one of the conditions is not met; and the only condition not met was the 98.5 square foot deficiency in the total square footage; he asked whether if not for that whether the staff recommendation might be different. Ms. James responded that if there were a code inspection that said that the upstairs unit met code and that it was safe, that she might still recommend denial because of the guidelines, but wasn't certain the 100 square feet was a major drawback. Commissioner Kramer asked to review the signed petition, as it was not included with the staff zeport. Ms. James presented this for review. Commissioner Kramer asked what the law was in regards to the timeliness of the collection of signatures. Ms. James said that this must be Cimely, that • signatures would be valid for one year. 9�'-1�� � Peter Warner, Assistant City Attorney, said he was not aware that the code sets a timeline for how long signatures remain valid. He asked staf£ to address the process which is followed regarding such. Mr. Ryan responded that Ms. Law was given a deadline, which she met, for having the signatures in on time. Chair Field said he wished to see the above issue discussed as a part of future minor zoning text amendments. Ms. James reviewed that final action on the previous rezoninc request was taken on January 31, 1996. (2oning Commi[tee denial 8 to 0; Planning Commission denial 14 to 0; CiCy Council denial 7 to 0. Mary Lou Law, the applicant, spoke. Ms. Law said that she had submitted two difEerent petitions to the City over time which were both found acceptable by staff. When she converted her house into a duplex she said sne was not aware that a duplex was not allowed because other duplexes were located throughout the neighborhood. The Fire Department advised her at that time on second story exits. She noted that she rented the second story apartment first as an efficiency, then later converted it to a one bedroom unit with a dormer and was not aware it was illegal until she pursued creating a triplex by creating a third unit in her walk-out basement. Ms. Law reviewed that her mother, Mrs. Widing, who resides next door, fias acted as the landlord for the past 6 years. She reviewed that a number of improvements have been recently made including: landscaping, the stucco and . trim repainted, and new boaxds put on both the front and back porches, and the interior of the house has been completely renovated. If required to convert it back to a single family home, Ms. Law said it would be very costly, and would be an 8 bedroom home. Commissioner Kramer asked what year the house was first used as a duplex, with Ms. Law responding that the efficiency apartment was created in 1981. Commissioner Chavez referenced the Information and Complaint Office's record of complaints for the property, asking for clarification of which complaints applied to her property. Ms. Law responded that most recently when the City checked on complaints that they could not see a valid reason for the complaint. She said when problems have occurred that she has taken care of them within the required period of time. Commissioner Chavez asked Ms. Law to address the lengthy list of police ca11s for this residence. Ms. Law briefly reviewed the list. She indicated that some of the complaints pertained to tenants who were no longer living at the residence. Commissioner Gordon determined from Ms. Law that she lives aoproximately 3 miles from the property. Gordon asked whether in 1996 when she applied for the rezoning to a triplex whether she was told that it was zoned for a single family residence. Ms. Law responded that she was denied the rezoning to allow a triplex as it was zoned for single family, and triat within a very short period of time following the denial, she was notified she would need to � proceed with a nonconforming use permit for tke duplex, and that she then . 2 q� 1�� • proceeded with that. Commissioner Gordon asked Eor an explanation of the four phone calls received by District 2 Council that were in opposition and requested anonymity for fear of retaliation. Ms. Law responded that this was related to a dispute between herself and one of the neighbors, and that others were draor*m in by this neighbor, and she dismissed any intention of any retaliation. Commissioner Chavez questioned the ability within the process for layover to allow Ms. Law an opportunity to have the property inspected. Zt was determined that action could take place up to November 22, 1997, which is 60 days from the date received. Chavez asked the applicant wfiether she would be agreeable and would take care of the details in that time period. He noted the 100 square feet deficiency would need to be addressed. Ms. Law responded that she believed the drawings were off as she met a11 of the requirements the first time when she was requesting a triplex and said she would be agreeable to layover. Mr. Warner said that it would be possible for Ms. Law to make arrangements with the Fire Department in this period of time for the certificate of occupancy; further noting triat the Health Department does code compliance inspections, which are similar in naCUre to C of O with Fire. He noted that the Health Department does one and two-family dwelling units, and Fire does three-family dwelling units, but suggested that Fire would be the appropriate agency as there were comments from Barb Cummings, Fire, in the staff report. Commissioner Kramer asked what the assessed value of the property is, with � Ms. James responding that the 1997 market value at $71,800, and that the property is listed as homesteaded. Ms. Law said that it qualifies as homestead because her daughter resides in the home. Commissioner Kramer asked when the house was refinanced, with Ms. Law responding that it was refinanced approximately 8-9 months ago. Hearing no public testimony, the public hearing was closed. Commissioner Gordon moved denial oE the nonconforming use permit. Commissioner Vaught seconded the motion. Commissioner Kramer said he would support the motion for denial. He suggested that the economic feasibility analysis was incomplete and did not provide proper information to determine that the house could not be self-supporting and suggested that he believes a great demand exists on the Eastside for large houses. Commissioner Gordon accepted the above comment as criteria for denial. The motion Eor denial carried on a voice vote of 5 to 0. Commissioner Wencl was not present for the vote. Drafted by: ! �°,»�- Sa.�`'.+.o�—" Donna Sanders Recording Secretary S itted by[� A�,pmve � � Patricia James on Fiel Northeast Quadrant Chairperso � 3 9�1�� ZONING COMMITTES STAFB REPORT � ____________________�________ FIL'S # 97-244 1. APPLZCANT- MARY LOU LAW DATE OF FiEARING: 10/30/97 2. CLASSSFICATION: Nonconforming Use Permit 3. LOCATION: 1354 BIRMSNGHAM STREET 4. PLANNING DI$TRICT: 2 5. LEGAL DSSCRSPTION: subj to st; ex S 5 ft; N 67 ft & W 165 ft of Lot 13, Block 6; Rogers and Hendricks Acre Lots No. 2 6. PRESENT ZONING: R-4 20NING COD& REFERENCfi: 62.102 7. 5TAFF INVESTIGATION AND REPORT: DATE: 10-22-97 BY; Patricia James 8. DATE RECBI{TED: 09/22/97 DEADLINE FOR ACTION: A. PVRPOSE: Nonconforming use permit to establish that a duplex is a legal nonconEorming use of the property. . B. PARCEL SIZE: Flag-shaped parcel with frontage on 2 streets; 67 feet (Winchell}x 270.7 Eeet x 121 £eet (Birmingham) = 27,047 square feet, or .62 acres C. SXISTING LAND VSE: 2-family residential (split zoning R-3; RT-1) D. SIIRROUNDING LAND USE: North: single Pamily and duplex residential (R-3; RT-1) East: single family and duplex residential (RT-1) South: single family, 3-family residential (R-3; RT-1) West: single family residential (R-3) E. ZONING CODfi CITATION: Section 62.102(I)(1) authorizes the planning commission to establish legal nonconforming use status to the use of structures which fail to meet the standards of section 62.102(b) if the commission makes the findings listed under section H of this staff report. F. HISTORY/DISCII55IOI�: In 1996 the City Council denied a request to rezone this lot to RT-2 to establish three units in the structure. iZoning File #95-232) G. DI5TRICT COUNCZL RECO�NDATION: At the time this 5taff report was prepared, no district council recommendation had been received. r I�a q�-�7� • H. FINDINGS: 1. The structure is currently used as a duplex. It is located on the western half of the lot, which is zoned R-3. The garage is located on the eastem part of the lot, which is zoned RT-1. 2. The area and frontage of the lot (67 feet (Winchell)x 270.7 feet x 121 feet (Birmingham) = 27,047 square Eeet) exceed the minimum standards for a duplex under the Schedule�of Regulations of the Zoning Code (6,000 sq. ft. area and 50 feet frontage). 3. The Planning Commission may grant a non-conforming use permit when there is conformance with code requirements: a. Tke use occurs eatirely within an existing stzucture. This condition is met. The two units are entirely within the main structure . b. The use is simiSar to other uses permitted within the district. This condition is met. The duplex residential use is similar to the single family uses to the west and the single family and duplex uses to the east, If the structure were located on the eastern half of the lot, it would be in conformance with the zoning code requirements for 2-family residential. c. The use has been in existence continuously for a period of at least • ten years prior to the date of the application. This condition is met. The applicant has submitted lease agreements dating back to Jvne, 1983. Other leases were signed in 1986, 1987, 1988, 1989, 1991, 1994, 1995, and 1996. City directories for these years do not ].ist two households at this address. d. The off-street pazking is adequate to serve the use. This condition is met. There is a 2-car garage on the lot as well as a blacktop parking pad off the driveway from Birmingham that will accommodate at least 1 car. The zoning code requires three spaces for new construction. e. Hardship wou2d result if the use were discontinued. This condition is met. The applicant has submitted figures showing that the total rental income from the property is currently insuf£icient to cover expenses, and that the shortage would be worse if the structure were converted to only one unit. The first floor unit rents for $700 per month, while the upstairs rents for $450, for a total income of $1150. Monthly expenses, including mortgage payment, taxes, utilities, insurance, and maintenance, total $1433.15. f. Rezoniag the property would result in °spot' zoaing or a zoning inappropriate to surrounding Iand uses. This condition is met. Rezoning would result in [.he RT-1 district extending beyond the back lot lines between Winchell and Birmingham into the R-3 district along Sirmingham. • g. The use mi11 not be detrimental to tfie existing character of '1 9�'�»� develapmeat in the immediate neighborhood or endanger the pub2ic � healtk, sa£ety, or geaeraZ weSfare, This condition is met. The existing neighborhood character includes both single family and duplex dwellings. h. The use is coasisteat with the compreheasive pZaa. This condition is met. The Housing Policy Plan recommends decreasing density in areas where residential density is too great. The size of the lot is such that this area is not overly dense. The plan also ca11s for exploring the Eeasibility o£ code compliance inspections to duplex rental units. i. A notarized petition of 2/3 of the property owners withia one hundred feet has been submitted stating their suppost for the use. This condition is met. The applicant has submitted a petition. Nineteen properties are eligible; thirteen signatures are needed. Applicant's petition has thirteen signatures. 4. In addition to the zoning code requirements, the Planning Commission approved guidelines for nonconforming use permits for duplexes in residential districts. These guidelines call for staff recommendation of denial unless all of the following conditions are met: A. Lot size of at 2east 5,000 square feet with a lot width or front foota9e of 40 feet. Applicant's lot has 121 feet of frontage on Birmingham (front yard) and 67 feet of frontage on Winchell and a lot area of 27,047 square feet, meeting this guideline. • B. Gross living area, after oompletion of dupZex coaversion, of at least 1,800 square feet for the two units. This guideline is not met. According to the applicant's floor plans, the area of the first floor unit is 1,222.5 square feet; the area of the second floor unit is 479 square feet. The total is 1,701.5 square £eet, or 98.5 square feet short oE the requirement. If the units were certified as code compliant, concerns about overcrowding would be addressed. C. Three off-street parking spaces lnon-stacked) are preferred; two spaces are the required minimum. A site plan showing improved (durable, permanent, dustless sur£ace) parking spaces must be provided. This guideline is met. Applicant submitted a site drawing (not to scale) for the rezoning request that shows a 2-car garage and two bituminous parking pads. D. AZS sesnodeSing work for the duplex conversioa is on the inside of the structure... This guideline is met. The structure is currently a duplex, no remodeling work is needed to complete a conversion. E. The proposed duplex structure is located in a mixed density neighborhood, aot a homogeneous single-family area or in an area where dupSexes and triplexes are already concentrated to the point of congesting neigkboshood streets. This guideline is met. The neighborhood is mixed density and not overly congested. F. A code compliaace inspection has been conducted and the unit is • fouad to be up to the housing code standazds; or the property owner has agreed to make tke necessary improvemeats to bring it to kousiag u �g i7� code compZiaace. This guideline is not met. No inspection has been • made by the Health Department. Fire and Safety Services (which inspects structures with three or more units) verified the existence of a basement unit whereupon the applicant submitted the rezoning petition thaC was denied by [he City Council. Approval of legal nonconforming status should be contingent on meeting housing code requirements. G. Aa economic feasibility analysis has been conducted for those oases where ecoaomic hardsfiip is cZaimed as one reason for tlze variaace request. 2his guideline is met. Given the shortfall in income, it does not appear £easi.ble to rent the house as one unit. It is not clear that the home is marketable to a homeowner who would use the entire house. I. STAFF RECON4TENDATION: Based on staff findings 4B and 4F, staff recommends denial of the nonconforming use permit. � � • rl � � I 7`� NONCONFORMING USE PER1iA1T APP�ICATION • '� ,�' Depanment of Planning and Econnmic Development M *�� Zoning Section 1100 City Hall Annex 25 West Fourth Street Saint Paul, MN 55102 266-6589 APPLICANT Zip��_Daytime Phone_ ��% /�j,� PRQPERTY LOCATION • TYPE OF PERMfT: Application is hereby made for a Nonconforming Use Permit under provisions ofi Chapter 62, Section 102, subsection i, Paragraph�_ of the Zoning Code. The permit is for: � Change from one nonconforming use to another (para. 3 in Zoning Code) O Re-establishment of a nonconforming use vacant for more than one year (para. 5) � Legal establishment of a nonconforming use in existence at least 10 years (para. 1) ❑ Enlargement of a nonconforming use (para. 4) SUPPORTING INFORMATION: supply the information that is applicable to your type of permit. CHANGE IN USE; PresenUPast or RE-ESTABLISHMENT: Proposed usi Additionai information for all appiications (attach additional sheets if necessary): ! I Required site plan is attached ❑ p �/ �� � AppficanYs signature � ril.c�����C� `�� Date /'fJ i/ City agent 5� Name of owner (if different) Contact person (if different) ���D����p, �j�i}rt�Phone ° jfp,� J�� r��v1 L� � a/ S �u.s �s al u� l�e x — • �OC(r� D l'� �"1Dcl S� L�, f � �`s %axes � f� or1 �IOuS� �5 �i�:�.`c/ {�yinerr�� � ,� 5 a o�� . � y� 1�� �� �o � ���o - � a ��, ��;� ��,`es cL �e ��oo - �,,� �� T .� h��se i��j��� . �LLf�ef 1�5 _—�- � ha�e �vo -�° ��- %�i�y cc�� l%�c� �-� a�� o���s o u7� ,��se t�' 1�us �"G�e a tQl .L� �`S ��'a �f�. � aoo � � � � ��� �� ��� ���,o���a� �C� �f� �`P.1'�C�1C Gk.l./Zt`�2 � /v O . a v m � , � us �' a %d ��c�o � 8� .�r �a�cv�� ��� a ��� r' ° _--, � ,�S ..�UO • o o � f 0 �-u � �� 1� t�cnc e n� �-��.��-� �-�`� I�-�� � .% �c�-�°�'� s�� � ��, �-{-ruc �e� as ��"" �l�SU° p��I� � ���� o 0 ���e ccs �s . re�l�� �� /���• �� ��` ��;�-� �A� v er� �'cc �c, i,uou.t� �� ��733� ��s (0 ee v� r�-� rnarn �e� - +v ( vc.e� e cf� ��CCS e -��,( r,uer�� � g�� od i �C.S � 1 S � r'`C��ce� 1 Y �t�u 1�(1(,C�C ���`Z�-J�. �S�- -� C��v1 Uer� .=L� ��v�Ver i�' �OU.��c�q �JcCSe�Ylev� � J �ac k c.c.Jau � cl t,r)oc� (c/ � e {�Y�CC � N � lOU F °� � 1��-a� ��e� �e i ✓� �� � vlduSar��S - cc h 8���rc� ryr h o�,Gs� � c�-.psfu � �s, Sfi CITY OF SAINT PAUL CONSENT OF ADJOINTNG PROPERTY OWNERS FOR A , NONCONFORMING USE PERMIT �Ve, tlie undersigned, o�vners of the property within 100 feet of the total contiguous description of real estate owned, purchased, or sotd by THE APPLICANT within one year precedin� the date of this petition acknowiedge that we have been presented with the followin;: A copy of the application of (name of applicant) to es[ablish a (proposed use) located at: (address of property) requiring a nonconforming use permit, along �vith any relevant _site plans, diagrams, or other aocun,entacio�. We consent to the approval of this application as it was explained fo us by the applicant or his/her representative. • � NdTE: Atl information on the upper portion of this apptication ust e comptefed prior to obtainina etigibte signatures on tfiis pefition. I• rl i7L1C:41i}l�Y\'� � C f � 17`�� SZTUATZON 2 PRO PORHA INFORMATION SHEET REOUZRED I;IFOR'i.ATZON ` Aousin � Unit Breakdown Number of bedrooms ' Square foot size of unit Contract rent Est. Amount'o£ tenant paid utilities Income from stzucture other than rent OneYatine Exnenses Maintenance f j 1._J Insurance Utilitj.es Other Taxes Existine Vacancv Debt Breakdown Initial principal amount Interest rate SZNATION WITH CONTZNUATION OF EX1RA UNZTS ZN STRUCTURE � ��G tJ • � `y'• J $ �,�DO � � ,�/�q''J,- ..��Ca. pD � l/��7�'�. .IL' eo � /�00 • � �-'32r�Zzci SINATION WZTH CONVERSION OF STRUGTURE TO LEGAL Iv'UMBER Oc �E.*iZTS / � /,/,SU , o-r� L( fS�r-�%�.� � � 7 � F� Amortization term Balloon (maturity) term Monthly payment Balance amount on debt Sources o£ loans Debt service'coverage ratio requirements For rehabilitation projects• Type of improvements (provide detail) Cost of improvements (provide detail) ..�%�� ; �-�' / / �� � -- _ -7 _.- . . �� ��. � � �� � � � --- ----- - , . -- ------ -- ! � —=----- p. 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N - _l_.. � � --_. _.t°_ ��-_ 13 Z �� _�3�2�i _ �..�. _ � _ / � _ _ �------- n -� �pL J____.�"__. _ �� 1!� !� � � _ t�—__ � �` J --_--- ---- �-- ----- -- -- -- - ---_ - —�= �-- - � ti �� � �. , ----- r� �c�`: — ------ — --- — _— — — — — ---- — -- � __------- -- —_ , , , Z , ,;� � ' '` �—� Y�"h3 � — — — —._._— --- -- _ � ;'__ — -- — — — — — — �—s— — --- ,�----- -- -------- — — -- ------- - -_ 1 _- --- -- -- --------- _.. ----- � --- - - - -- - - -- - - - - -- ------- - ------ �,-,._:,�_.�.�. � � ��l � ( � (9 �/ �� y�-� � -�= ---__. T �, �+ - -�� h �, --��- --- — _ � �. � ----- ------- ---- -- ------ � J l> ------� S� �-��- -- --- - --- �� �- ------ ----,�---- -- - - ------- H �� ----------- - _ _- --- _- -- --�� __------- -- __ --------- -�! ` � , z 9� ---- -... - -- -- --- '-. . --- -- --------- �- I ----------- --_----- - --------_----. �- �, £,g --- - - - -- `_ ------- ------- 1 =� __�-__i __ --� --- --- --- - - 1---- ------ _ S' � a "- , 6r( __ t � - --- - - _- -- -- - - - -. � - - ----- : � �� - ____ _.-- ___ - , --- _-- �.- - - --- --- --- --I-g`�--- ---,��-_- -- -} -.. - - - ---- - - --- - --- --- -- - _ --- - --- - - ' �s' y - -----�- � - -- --- -- - --- .. . ��� �.�AYIi_. �� ��-�7� • AFFIDAVIT OF PERSON CIRCULATING THE CONSENT PETITION STATE OF MINNESOTA) SS u COUNTY OF RAMSEY ) �1 7�/�O.r �� , being first duly swom, deposes and states that he/she is the perso�i wh� circulated the consent petition consisting of � pages; that affiant represents that the parties described on the consent petition are all the respective owners of ihe properties placed immediately before each name; that affiant is informed and believes that each of the parties described on the consent petition is an owner of the property which is within 100 feet of any properry owned, purchased, or sold by petitioner within one (1) year preceding the date of this petition which is contiguous to the property described in the petition; that none of the parties described in the consent petition has purchased or is purchasing property from the petitioner that is contiguous to the property described on the consent petition within one (1) year of the date of the petition; that this consent was signed by each of said owners in the presence of this affiant, and that the signatures are the true and correct signatures of each and a1t of the parties so described. Subscribed and sworn to before me this �� day of � , 19� � , ' �u.�.�- /l,. . � , , ,,� ��� . ►..�. • s � �: •^^^.�,, . • ur�ophuwte wunr.wNo P10TARY PUBLIC•MINNESOTA � RAMSEY COUNTY . - Mrcomm.Eq�Irea.lan.stz000 / � a_.� .s/L• � / � � � �� � / .!� .��, - 'I3o -(o3/�Z TELEPHONE NUMBER Page � of � 1/31r`97 q� 1�� ��6-�a�s • CONSENT OF ADJOINING PROPERTY OWNERS � � We, the undersigned, owners of the groperty within 100 feet of ' �i—.✓ and the total contiguous desciption of real estate owned, purchaced, or sold y petitioner within one year preceding the date of this peti�t3'-�n, acknowledge that, we have been £urnished with a cop of the a lication of// ,� �au. �Tr�'u�r�l �`�..�/ £or special condition use permi noncon£orming use permi (cir�le one) along with any relevant site plans, diagrams, or ot er ocumen ation; and consent to the approval of this application as it was explained to us by the applicant or his/her representative. ( -�. C� �3� :z����,., '-� � �g . � � J �y� � �T/ , �1 / ��/ /3.L JY � � . - � � � � � , ` � . � � (1+ T �� , � n �� � / . tL� G • l� ` ��"� 'm'L' � ,��� > . , �� � ' - _. , ,_' r � � � ` 22/, ` �e �� � l3�1 Q re.rt, ��.��wt S� `3t R�< ��.�,�,� �;.�.�-zs - — y,,, ,�. > � ,° � - .. ���� � !� � r rr � ' - ��� �� � �� li � i� ID � L,�r,� � tti,.� ��� � -' ! � � � r�-�tiR�i A i �y 3� w; ,�.f 1 _�,; G �3��� �.�„���� -= ;;, � ,�. O a 9 , �� - �� ! � ,�,��` 3 � +. ' 3 ��cr, �� � ., ,� ; �_ �' ' 9L- - _-�>�; ,�� L / Y `�- J�.. �l/v —%� 4-- i4-'� _ ; ,.. � i� � 8 q � �I ��� �i�-�� • • 11JZqJ1357 15:41 pisfiri�t 2 f,127315134 Gaunci� UIST T4!0 COUhICIL PAaE c'L �� / 7� T.1ir1 StAlvafs� Av►nua $uka �o� October 27, 1997 Patricia James l lth Ftoot, City Ha(1 Annex 25 Wrst Fourth Suaet St. Paul, MN 55102 Dear Ms. James, 5t.9w1. Mrt 55n7-35o8 (ytz)Ti�_4s�l2 fAX(�+1.)79�_ot1� I am writing to yau on behalf of the District 2 Community Council regarding the proposed nonconforming nse permit at 1354 Bumingham Ave. At the October 15'" District 2$oard of Directors meeting, tha following resolution was unanimously adopted: To oppose the nonconforming use permit for 1354 Birmingham and request the poRion of the lot zoned RT-1 be changed to R-3. u Prior to the passage of this resolution, theYe was a public hearing at the Dis2rict 2 Physical and Neighborhood Issues Committee. Flyers were distributed to neighborhood residents and several phone calls were received. Significantly, I believe, all residents who responded asked that they remain anonymous because o££ear or reprisals. A sheet with phone calls received is attached. At tha meeting itself, only two neigh6ors attended and both spoke in opposition to the perntit because "thece have been problesns with that house fat years." '�he reasons for our opposition to this appl'tcation are primarily based on section Chapter 52, Section 101, sub9ection i, paragraph 1 g of ihe zoning code: "The use wiil not be detrimental to tha existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare." The comments of neighborhood residents, the �re departmeat inspector, a faur-page list of Citizen Setvice complaints (attached) and a summary of the police calis (attached) all lead us to concCude thai this property is already an endangerment of the pubiic health, safety and general welfare of the suttounding nexghborhood and so this permit shpuid not be granted and the use discomir�ued. In addition, white acknowledging that we are not experts in home 6nance, it does strike us as odd that a hquse which has been a duplex for 17 years still requires this kind of income per month just to meet expenses. The economic hardship arguments are not convincing as presented and seem incomplete. �� Finally, while it is not strictly speaking one of the criteria that must be met for a nonconforming use permit to be issued, thera is clearly a theme of deception and disregard for the tules that runs thFoughout the app]icanYs participation in this process. In addition to the whole itlegal triplex matter, the neighbors' responses to the current app]ication, the comments of the fire inspector and the continual problems with upkeep of the property, there is also the fact that the applicant has heen regiatered as the owner and homesteader since 1386 when the property is clearly not 11l24/1597 15:41 5127315194 DIST TW� CdUWCZL VfiGE 53 . . q�'"��� • being homesteaded. There is no evidence that the pattern of behavior by this landlord will change ifthis permit is granted. For these reasoris, we urge the members of the Zoning Gammittee to appose this appFication for a nonconforming use pernut. We thank you for this apportunity to raise these issues with you and for your consideration of them as you determine your response. Sincerely, �`-�` ( "� Tim Dornfeld Executive Director � • • � • FP.OM : ST MAP,K PHOFIE h10. : 2240223 Oct. 39 1997 03:2�Ft9 F'1 q� ��� �o���f �� �w���� � �� 1 c� �A �.(�� �-f �5- �-��/�r� f= r�d�U �/l��Tff � ftST ��-A � ' �'/t��It'�-�f/t� G�ce � r �� �1 �I=— �rt110 �— j�UcILI� �/,�� `��� :� X�lC�SS f� U I/� 5 f��w� ���0��0� •� (� �f.�- �� 2-�xi�- r t%6 G� / 3 S ��.��isU��,t� �jl-�A/L� �--C� � �5� � D� 7��� �,��J�'G.�-�� s �-� �-- �,�v� ��C r S /?'.=-�� U� �avG�.% ��C r s % . f��� �OS�'��'1.� �pa� '��X/.6�r�/`S ,�S .��,u .�'� `T/�;� �.� S % � � �'�- ��� � _ ��i .��1� �x1�7` S �1�/ �Trf-- �,�,c� �� � ,��',�-trr� � _ �� ���� t�� � � � �,� ��� � ��s ���� ��� s ��.� � ��� �' �-�� ���� � �vY� �'�� �-� Si�'��T � � �� � �--�y/���/ ��r� �U�%(/I L� f��= r71�< S S �G S Q ��� l Q� �i�-��� o,�- D�� �� ����� � �,�Gr� S /�� 6�'L� �ru1C� ��� � � ��,1-�r�� Gt S s� � ��� DU`' ���� �� O�G/ - /� `���.G/!; U� /'�.� � _ �����--�� �- `�3 ���,� �-�� S� ����� �� � ;;, : �:- :-.�i' _;:`: ;- ._ ��-s�,._,; ..Y.> �t:,. .;;,..; ;;{ 3 _ ,�..,. ,: .. . � j �; 17`� (i'�� - _ C i�� !I. F �+.Ff23.. r�=;�_� , -�� . ..,.1_. .<r--:.cr-; � :.•. � ; •;�.,..a.:!' . ��:.;•_ _ _ . A . . _ _ .:,'� � - :.a . ,`{,_`�� ai } . t . , . . . ��.. _ . , , j� :. � r ,�t...s.� ? ,. �s' S:' :.7;;` -- .i�l.' a ` '<= ��' ' ��~ �.;�. . '.'' . �i;�' Post-It'"brand so�ae6��! _;" i.;�s }Fi3:�.� . : � � � � - . . � . T° PIG4� m . r. r • , �; ° �%3 .•_.; ... . .. �e. Ne.� ►.ibr - � € :��� Octobe�3, 1997 c � � �- - � t ' ' � - Phone If - . - � oept. - � � - � _ ' ' . , Feal/� FaxA . _ . " D f Id E f D'e f Tim om e, xecu ive tr c or •. pistrict 2 Communiy Council _ 2169 St+4lwater Ave. #2�'( . '. ; � < � St. !'aui, MN 55119 ' ` , .,,�.j FZE: 1354 Birmingham Duplex ��^�� ��" ' • ' ` `� ; � • ;:;:� pear Mr. Dornfefd: � ,'`` `° ;`� ,v i- ' �:_. . ;'".' s � ;'%�r`=i�' ['�'" :� *_�-i•� �: :::. �-; fi;.' This letter is fo express some of my concerns about the duplex at 1354 Birmingham: .I .:' �: } . ;�;. i' `��:.: ,::. �; would rathar have this house converted back to a singie family home_ I have been in '. � `t'�->a "�,�� the neighborhood for over 5 years.; Of those 5 years, I have 6een exposed to a numher :. ', ' of pr'oblerns concerning this properky. ' My thought of the owner (iandlord) is not good. I fee{ she is a slumlord. This property is in bad shape outsida 1 could just imagine what the inside iooks like. The peopie she rents to are not the best neighbors to have. On numerous occasions this past summer the poiice have been called to this address for domestics, b-b guns being shot by children, just to name a few. � . i have 6een woken up numerous times by kids running around in their yard at all hours of the night and also adult parties or get-togethers. I have experienced bad language quite often by adults as well as kids. i don't feef that this home shoufd be Multi-femily. 1f { need to deal with a siunllotd and bad renters, i woufd much rather deal with only one family instead of two. I live reaf close to this prope�ty and have had nothing but pro6lems with the renters. Pfease review their Petiti�n that was su6mitted tfl you. ( was approached about 5-6 times requesting my signature, I would not sign. i don`t think they received enough legitimate signatutes. Thank you for your tirne. Piease consider not approving this permit. `7� � t� wk� �t D v42M^+av�-., C�,Y.au�n�o�.c�, �-�.2� --�-a-�e F�-c (rha.` �.�x,�:�`� t � /��. .��r� !��' �fL�„ �°"'j_ 2��„ �� 9����`� � Phone comments received for 1354 Birmingham: Ail callers requested that their names and addresses not be used because of concern about retaliation, but they all live in the immediate vicinity: 1. It has always had lots of problems. Continued to operate as a triplex unril recently. They aze not good landlords. Doesn't want the permit approved. 2. Doesn't like having a duplex there. IYs been okay this past year, but before it has been very noisy. 3. It's been a triplex since the last meeting. Permit should not be approved because they will do whatever they want without concem for the neighborhood. They still don't keep up the yard at all. 4. Sent letter: on back. Also, Fire Inspector Bazb Cummings left the following message in response to our request for more information on the properry and its history of inspections: • We got it from zoning to enforce and from what I understand, they were putting in an illegal basement unit. It already had two units in the building and its not zoned for two even. They were dickering with zoning for well over a year, being very, very difficult and not doing what they needed to do and so they dumped it in our lap to enforce. I had to tell her on the phone that she get this straightened out or I take it to court and she could tell it to the judge. �Ier and her daughter have been playing the ownership game, putting it back and forth, and I told her I didn't care who was going to be the owner, I was going to take them both and let the judge decide who was going to take the punishment for whatever they were not going to be doing legally. From what I understand they are very difficult to work with. � OC�. -03' 9':FRI1 14 09 � � Octoher 3. 1997 SiA�E OF �1�'i-?IPEL1hE S1FE�` 'EL 6i.?°695�4i Y.uO: �jg 17`� Tim Dosnfeld, Execu;ive Qirector pistrict 2 Ccmmunity Councit 2�E9 St�(f��,�ater Ave. #26'I S? Faul, AdN 55 �19 RE: 1354 6irmir,gham Duplex Gear N7'. Dcrnf°id� This ietrer is to express some of my concerrs about tne duplex at 1354 B:rmingham. I wouid rather have this house conveRed tack to a singie family hame. I have besn in fhe neighborhood for over 5 y°crs• Of those 5 years, I have bean exposed to a numoer of prablems concerning this propecfy. My thought of the owner (landiord) is not good. I feei she is a siumtord. This property is in bad shape outside ! cou(d just imagine what ?he inside looks like- The peopte she rents to are nilt the best neighbo�s tc have. On nu,r°raus oc�asions this past summer the poEice have ksee� cafted to this address for domestics, b-b gu�s b°ing shot by chiid�en, just to name a few. I have besn waken up numerous tima� by k+ds running around in thzir yard at afl hours of the night and aisc aciuit parties or get togethers. i have experienoed bad language quite often by adufts as e�reit as kids. ! dcn't feel that th+s home should be k7ulti-famiiy. 1f i need to deaf with a s!umlosd a�d bad renters, I wnuld muctr rather deai with oniy one famiiy instead of r.ua. { live real dose te this pruperty and have had natning but problems v�ith the rerrters. Piease review their Fetition that was suhmitted to ycu. I uras approached abouf 5-B times requesting my signature. f r+roufd no; sign. I don't think they -eceived enough legif,rtate signatutes. Thank you for your time. P{ease consider not approving this permit. . � � � �JCT-�6-1997 lc 13 N i c F < Z s V W 6 � � V ° c� � t QM m � y C Q N O W I� Y S. � P Y o �pn F Y A 1 w � E O j Y O 4 6 � � � � 'g _ y ¢ 1 4 A . c i �=ITIZ=N ScRVi��� 7�=ICe u r u � ou i • O� � � 6 .2y J � 6 N 3 > W � V � � � r � Y p >� K P� 2 O W N Y W K� S Y�C � N r� W � 6 �z a Ni LI i S � +� W � J 5 u � � � � u � � � LL: � � S OC (1 V. S '.�K `- 9 W y W ux N W V W_ N Y W 1' W Y�.� OC��r�y.N} o � .�iy�jn V � y ✓ GY� � Ni6 NZ Y� 4ip {Y�NrH „ 1q - ��3' W .. tf w� Y W w w N U y w u JY V U �NI $ --�Wis v VJ ���ii' 4W 21�1Y41���Q� W � �4•n��C 0 Y S S.. N�� W� W W 2¢ w l+tiF�JO� u3SOC46� S : K • 1 X r z L �. 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Presented By Referred To Committee: Date 2 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 WI�REAS, Mary Lou Law, pursuant to Saint Paul Legisiative Code § 64.300(a)(2), applied for a non-conforming use permit governed pursuant to the provisions of Saint Paul Legislative Code § 62.102, for the purpose of establishing a duplex as a legal non-conforming use at the property commonly known as 1354 Birniingham Street, said property being legally described as: subj to st; ex S 5 ft; N 67 ft& W 165 ft of Lot 13, Block 6; Rogers and Hendricks Aere Lots No. 2, Saint Paul, Ramsey County, Minnesota; and WHEREAS, the Zoning Committee of the Saint Paul Plamiing Commission conducted a pub]ic hearing on the application on October 30, 1997, at which all persons present were given an opportunity to be heard pursuant to said application in accordance with requirements of Saint Paul Legislative Code § 64.300; and WHBREAS, the Saint Paul Plamung Commission, based upon the evidence presented to its Zoning Committee at the said public hearing, as substantially reflected in the minutes thereof, made the following fmdings of fact: The s1ructure is currently used as a duplex. It is located on the western half of the lot, which is zoned A-3. The garage is located on the eastern part of the lot, which is zoned RT-1. 2. The area and frontage of the lot (67 feet (Winchell) x 270.7 feet x 121 feet (Birmingham) = 27,047 square feet) exceed the minimum standards for a duplex under the Schedule of Regulations of the Zoning Code (6,000 sq. ft. azea and 50 feet frontage). 3. The Plauving Commission may grant a non-confornung use permit when there is conformance with code requirements: a. The use occurs entirely within an eaisting structure. This condition is met. The two units are entirely within the main structure. Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNES07A �s b. The use is similar to other uses permitted within the district. This condition is met. The duplex use is snnilaz to the single family uses to the west and the single fanuly and duplex uses to the east. If the structure were located on the eastem half of the lot, it would be in conformance with the zoning code requirements for 2- family residential. � 0$55 9� ��y 2 c. The use has been in esistence continuously for a period of at 3 least ten years prior to the date of the application. This 4 condition is met. The applicant has submitted lease agreements S dating back to June, 1983. Other leases were signed in 1486, 1987, 6 1988, 1989, 1991, 1994, 1995, and 1996. City directories for these 7 years do not list two households at this address. 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 d. The off-street parlung is adequate to serve the use. This condition is met. There is a 2-car on the lot as well as a blacktop pazking pad off the dtiveway from Birnvugham that will accommodate at least 1 car. The zoning code requires three spaces for new construcrion. e. Hardship would result if the use were discontinued. This condition is met. The applicant has submitted figures showing that the total rental income from the properiy is currently insufficient to cover expenses, and that the shortage would be worse if the structure were converted to only one unit. The first floor unit rents far $700 per month, while the upstairs rents for $450, for a total income of $1,150. Monthly expenses, including mortgage payment, tases, utilities, insurance and maintenance, total $1433.15. f. Rezoning the property would result in "spot" zoning or a zoning inappropriate to surrounding land uses. This condition is met. Rezoning would result in the RT-1 district extending beyond the back lot lines between Winchell and Biruiingham into the R-3 district along Birmingham. g. The nse will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety, or general welfare. This condition is met. The existing neighborhood character includes both single family and duplex dwellings. h. The use is consistent with the comprehensive plan. This condifion is met. The Housing Policy Plan recommends decreasing density in areas where residential density is too �eat. The size of the lot is such that this area is not overly dense. The plan also calls for exploring the feasibiliiy of code compliance inspections to duplex rental units. I. A notarized petition of 2!3 of the property owners within one hundred feet has been submitted stating their support for the use. This condition is met. The applicant has submitted a petition. Nineteen pxoperties are eligible; thirteen signatures are needed. Applicant's petition has thirteen signatures. 2 98-i�y 2 4. In addition to the zoning code requirements, the Planning Commission 3 approved guidelines for nonconfonning use pernuts for duplexes in 4 residential districts. These guidelines call for staff recommendation of 5 denial unless all of the following conditions aze met: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 A. Lot size of at least 5,000 square feet with a lot width or front footage of 40 feet. ApplicanY s lot has 121 feet of frontage on Binningham (front yazd) and 67 feet of frontage on VJinchell and a lot azea of 27,047 square feet, meetiug this guideline. B. Gross living area, after completion of duplex conversion, of at least 1,8U0 sqnare feet for the two nnits. This guideline is not met. According to the applicanY s floor plans, the azea of the first floor unit is 1,222.5 square feet; the area of the second floor unit is 479 square feet. The total is 1,701.5 square feet, or 98.5 squaze feet short of the requirement. If the units were certified as code compliant, concerns about overcrowding would be addressed. C. Three off-street parking spaces (non-stacked) are preferred; two spaces are the required minimum. A site plan showing improved (durable, permanent, dustless surface) parking spaces must be provided. This guideline is met. applicant submitted a site drawing (not to scale) for the rezoning request that shows a 2-car garage and two bituminous parking pads. D. All remodeling work for the dupleg conversion is on the inside of the structure. This guideline is met. The structure is currently a duplex, no remodeling work is needed to complete a conversion. E. The proposed duplex structure is located in a miaed density neighborhood, not a homogeneous single-family area or in an area where duplexes and tripleaes are already concentrated to the point of congesting neighborhood streets. This guideline is met. The neighborhood is mixed density and not overly congested. F. A code compliance inspection has been conducted and the unit is found to be up to the housing code standards; or the property owner has agreed to make the necessary improvements to bring it to housing code compliance. This guideline is not met. No inspection has been made by the Health Department. Fire and Safety Services (which inspects shuctures with three or more units) verified the e�stence of a basement unit whereupon the applicant submitted the rezoning petition that was denied by ihe CiTy Council. Approval of legal nonconforming status should be contingent on meeting housing code requirements. 3 � 1 i� 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 r� , G. An economic feasibility analysis has been conducted for those cases where economic hardship is claimed as one reason for the variance request. This guideline is not met. The informafion provided by the applicant is insufficient to support a detenuination that complying with the Zoning Code is not feasible; and VJHEREAS, the Saint Paul Planning Commission duly resolved in Planuiug Commission Resolution File No. 97-77 dated November 7,1997, to deny the application for a Non-conformiug Use Petmit to allow the establishment of the subject duplex as a legal non- confonniug use of the property at 1354 Binningham Street based upon findings 4B, 4F, and 4G noted above; and WHEREAS, on November 21, 1997, the appellant, pursuant to Saint Paul Legislafive Code § 64.206, filed an appeal of the Saint Paul Plaruiing Comxnission decision as contained in Plamiing Commission Resolution File No. 97-77; and V1f�REAS, on December 10, 1997, a public hearing was duly conducted by the Council of the City of Saint Paul at which time the Council considered the petition, the report of staff, the record, the minutes and resolution of the Saint Paul Planning Commission as well as the testimony submitted and thereafter made the following findings with respect to the appeal of Mary Lou Law: Based upon all the evidence submitted, there are no enors in any fact, procedure, or finding on the part of the Planning Commission in this matter. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Saint Paul, that the appeal by Mary Lou Law of the decision of the Saint Paul Planning Commission denying her application for a non-conforming use pernut for the properiy commonly laiown as 1354 Birminghaan Street, St. Paul, Ramsey County, Minnesota, as contained in Planning Commission Resolution No. 97-77, dated November 7, 1997, is in all things denied; and L! � 2 3 4 5 6 7 8 9 10 98-�7y BE IT FURTI�R RESOLVED, that based upon the decision of the City Council finding no enor in fact, finding, or procedure on the part of the Saint Paul Planning Commission, that the findings in the aforesaid Planning Commission resolution are hereby adopted and incorporated herein by reference as the findings of the Saint Paui City Councii; and BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to Mary Lou Law, the Saint Paul Planning Commission, and the Saint Paul Zoning Administratar. ORIGINAL Requested by Department of: Certified by Council Secretary By: _�_ Approved by By: Form Appro by City Attorney BY: �, ��� Approved by Mayox for Submission to Council ey: Adopted by Council: Date �q�c�n \\ `�CI`C�� 98 �7v Council DAh �NRa7E0 March 3, 1948 GREEN SHEET No 60855 ov,u,�r o�ara� March 11, 1998 xuwsae wrt noururo TOTAL # OF SIGNATURE PAGES ❑ arv�noufv ❑ arvmK ❑ rwxcuo.seavicrsun ❑ wuxcu�a ❑ Wl'dtWMYi�TAM) � (CLIP ALL LOCATIONS FOR SIGNATURE) Finalizing City Council action taken December 10, 1997 denying the appeal of Mary Lou Law to a decision of the Planning Commission denying a non-conforming use permit to establish that a duplex is a legal non-conforming use of property at 1354 Birmingham Avenue. PIANP7ING CAMMiS410N CIB COMMITfEE GVIL SERVICE CAMMISSION 1��I4 7 Has this pe�soMirm eu� w�etl uMer a coriUact Tor fhie depertmeni? vES nro Hes tMe ve�✓firm a,er teen a city empwyee9 YES NO Dces ihis PeisoMim G� a slall Iwt �alma��YP� by anY anent city emGloYee? YES NO Is Mis PerswJfirtn a tergHetl vendoYT YF9 NO OF TRANBACT{ON SOURCE COSTIREVENUE BU06ETED (CIRCLE ON67 ACTNITY NUMBEF[ � i^'�'f�'�f�] �iB-r7� OFFICE OF THE CITY ATTORNEY PegBirlr, CiryAnorney CITY OF 5AINT PAUL Norm Colemax, Mayor Civi1 Division 400 Ciry H¢!! IS �estKelloggBlvd Sain1 Paut Mbmesola SSIO2 Zelephone: 612 266E710 Fac.rimile: 612 298-5619 March 3, 1998 Nancy Anderson Assistant Secretary Saint Paul City Council Room 310 Saint Paul City Hall RE: Appeal of Mary Lou Law, Zoning Resolurion No. 97-77, Public Hearing Date December 10, 1997. Deaz Ms. Anderson, Attached please find the signed as to form original of a council resolurion memorializing the decision of the Saint Paul City Council in the above entitled matter. Please place this matter on the consent agenda at your earliest convenience. Very truly yours, ���� Peter W. Warner 9�- ��� CITY OF SAIN'f PAUL Norm Coleman, Mayor November 24, 1997 Ms. Nancy Anderson City Councii Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: DEPARTMETIT OF PLANNING � & ECONOMIC DEVELOPMENT Pamela Y�heelock, Direcior , 25R'estFourthStreet Telephone:612-266-66�5 SaintPaul,MN55702 Facsimile:612-228-3261 C�?s:# Atr�af�s! �ti� fi•�=; V 2 = i�37 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday December 10, 1997, for the following appeal of a Planning Commission decision denying a nonconforming use permit: Appellant: IvIARY LOU LAW File Number: #97-304 Purpose: Appeal a Planning Commission decision denying a nonconforming use permit to establish that a duplex is a legal nonconforming use of properiy Address: 1354 Birmingham Ave. Legal Description of Property: subject to street; except South 5 feet; North 67 feet and West 165 feet of Lot 13, Block 6; Rogers and Hendricks Acre Lots No. 2 Previous Action: Planning Commission Recommendation: Denial; vote: Unanimous, November 7, 1997 Zoning Committee Recommendation: Denial; vote: 5-0, Octobet 30, 1997 My understanding is that this public heazing request will appear on the agenda for the December 10, 1997 City Council meeting and that you will publish any required notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6639 if you have any quesfions. -�i � �,;�., � Patricla James City Planner xoxic� oF roarac �annvG - - Cc: Fi10 #97-3�4 The Saint Paul CiTy Covncil wil9 conduct a public heazing on Wednesday, December Mi1C0 KI'a0m0r 10. 1897, at 4:30 p.m. in the City Councii Chambers, Third Floor, City Hall-COUrt-HOUSe, to consider the appeal of Mary Lou Law to a decision of the Planning Commission denying Donna SandeCS a non-conforming use pemilt to establish that a duples is a legal non-rnnforming use of property at 1354 BiYmingham Avenue. Dated: November 24, 1997 NANCY ANDERSON - . - " - Assistant City Council Secreta�y , ' � - � (Novembei' 26. 1997) DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT � � CITY OF SAINT PAUL Norm Coteman, Maynr November 24, 1997 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 Division of P/mmrng 25 West Fourth Stree[ Saint Paui, MN 55702 �8-I � �- TeZepiwne: 6I2-266-6565 Facsimi(e: 6I2-228-3314 RE: Zoning Fi(e #97-304: MARY LOU LAW City Council Hearing: December 10, 1997 430 p.m. City Council Chambers PURPOSE: Appeal a planning commission decision denying a nonconforming use permit establishing that a duplex is a legal nonconforming use of property. - PLANNING COMMISSION ACTION: DENIAL IInanimous ZONING COMMITTEE RECOMMENDATION: DENIAL 5-0 • STAFF RECOMMENAATION: DENIAL. SUPPORT: The app]icant was present and spoke. OPPOSITION: No one spoke in opposition. Two letters were received. Council voted to oppose the nonconforming use permit. Dear Ms. Anderson: The District 2 Community MARY LOU LAW has appealed the decision of the Saint Paui Planning Commission to deny a nonconforming use permit to establish a duplex as a legal nonconforming use of property located at 1354 Birzningham Street. The Zoning Committee of the Saint Paul Planning Commission held a public hearing on the request on October 30, 1997. The applicant addressed the committee. At the close of the public hearing the committee voted 5-0 to recommend denial of the permit. The Planning Commission upheld the Zoning Committee's recommendation for derrial on a unanimous vote on November 7, 1997. This appeal is scheduled to be heard by the City Council on December 10, 1997. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Sin iy, _ <\�� Patricia N. James C3ty Planner • Attachments cc: City Council members m APPUCAT(ON FOR APPEAI. . `�) Department of Planning and Economic Development �� Zonine Section — - - - IZ00 City Hall Annex 23 West Fourth Street Saint Paul, MN 55102 166-6589 APPELLANT � Name Mary Lou i.aw Add�ess 2050 Pathwavs DrivP City St. Paul St.MNZip55119 Daytimephone 776-9b38 PROPERTY LOCATION TYPE OF APPEAL: Application is hereby made for an appeal to the: C' Board of Zoning Appeals L�1 City Council • under the provisions of Chapter 64, Section 206 , Paragraph a of the Zoning Code, to appeal a decision made by the Saint Paul Planning Commission on November 7 , 19 47 , File number: 97-244 (date of decision) Zoning File Name Mary Lou Law Address/Location 1354 Birmingham St. GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. 5ee Attached. . l Atfach addrtional sheet if necessary) Applicant's Dennis K.�ICispert Attorney for Applicant Date/�o;,�_ 2/ 1�� TCity agent. ��' �8-t�� q�'-r�� � GROUNDS FOlt APPEAL: The Saint Paul Planning Commission made errors in facts, requirements and findings in denying the i3onconforming Use permit to establish a duplex as a permitted nonconforming use of the property at 1354 Birmingham St. in Saint Paul. 1. Findinq 4B is in error. The Commission failed to consider the square footage of the basement area as part of the total square footage of the duplex. This would increase the square footage well beyond the 18�0 sq. ft. requirement for a duplex. 2. Finding 4F is in error. Appelant attempted on numerous occasions to schedule a compliance inspection on the property both before and since the planning commission hearinq. She was informed by Fire and 5afety Services that because the building had less than three units, Fire and Safety has no jurisdiction to do an inspection. The health department was contacted to schedule an inspection. To date, they have refused to schedule an inspection. Appelant is presently contracting for an independent compliance inspection of the groperty. Appelant previously agreed, on the record, at the planning commission hearing to make all neoessary improvements, if any, to bring the dwelling into code compliance. The staff report • indicates that approval of the nonconforminq use should be contingent on meeting the code requirements, acknowledging that a commitment by the property owner to make the necessary improvements is sufficient to meet the inspection requirement. 3. Finding 4G is in error. The Commission erred in finding that this guideline has not been meet. The staff reports found that an economic hardship exists at this property. Staff found that there is currently insufficient income to aover the expenses of the property and that the shortfall would be worse if the structure were converted to a single unit. Staff Findinq 3e Additionally, there would be significant additional expenses incurred in converting the property to a single unit. Costs which would need to be financed by the owner, thereby increasing the shortfall and the economic hardship after any conversion. Finally, the staff report found that guideline 4G had been met. Staff Report Findin� 4G. , DEPARTMENT OF PLANNING & £CONOMIC DEVELOP,UfENT � ' CITY OF SAINT PAUL Norrn Coleman, Mayar r.w. November 7, 1997 Ms. Mary Lou Law 2050 Pathways Drive Saint Paul, MN 55119 Divisiors ofPlarmirsg 25 Wett Fourth Street Saint Pau(, MN55102 9�-�°�� Telephone: 612-266-6565 Facsimile; 6I2-22&3314 RE: Nonconforming Use Permit to establish that a duplex is a legal nonconforming use of the properly at 1354 Birmingham Street Zoning File #97-244 I?ear Ms. L.aw: The Saint Paul Planning Commission voted on November 7, 1997, to deny your request for a nonoon£orming use permit to allow you to continue to use the property at 1354 Birmingham Street as a � duplex. Enclosed is the Planning Commission's resolution stating its findings. You may appeal the decision of the Pianning Commission to the City Council by filing an application and fee for appeal within fifteen days of the date of this letter. An appeal should be based on what you believe to be an error in any fact, finding, or procedure of the P(anning Commission. Enclosed is an appeal application. Please call me at 266-6639 if you have questions or if I can be of further assistance to you. " �/,� /7�' � _ �. '•- Patricia James City Planner Enclosures cc: File #97-244 Zoning Administrator License Inspector District 2 Community Council ' Mail Date: November 7,1997 �r�--t � � � city of saint paui planning commission resolution file number 97-?� �te Novemi�er 7, 1997 WFIEREAS, MARY LOU LAW, file #97-244, has applied for a Nonconforming Use Permit under the provisions of Section 62102 of the Saint Paul Legislafive Code, for the purpose of a Nonconforming use permit to establish that a duplex is a legal nonconforming use of the property, on property located at 1354 BIRMINGHAM ST., legally described as subj to st; ex S 5 ft; N 67 ft& W 165 ft of Lot 13, Block 6; Rogers and Hendricks Acre Lots No. 2; and VIHEREAS, the Zoning Commitiee of the Plazming Commission on 10130/97, held a public heazing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64300 of the Saint Paul Legislative Code; and WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public heazing as substantially reflected in the minutes, made the following findings of fact: • 1. The structure is currently used as a duplex. It is located on the western half of the lot, which is zoned R-3. The garage is located on the eastern part of the 1ot, which is zoned RT-1. 2. The area and frontage of the lot (67 feet (Winchell)x 270.7 feet x 12l feet {Bnmingham) = 27,047 squaze feet) exceed the mnumum standards for a duplex under the Schedule of Regulations of the Zoning Code (6,060 sq. ft. area and 50 feet frontage). 3. The Planning Commission may grant a non-conforming use permit when there is conforxnance with code requirements: a. The use occurs entirely within an existing structure. This condition is met. The two units are entirely within the main shucture. b. The use is similar to other uses permitted within the district. This condition is met. The duplex residential use is similaz to the single family uses to the west and the single family and duplex uses to the east. If the structure were located on the eastem half of the lot, it would be in confarmance with the zoning code requirements far 2-family residential. moved by �'ield seconded by in favor U�i�� against 9�-r�� � c. Tlze use has been in ezistence confinuously for n period of at least ten years prior to ilse date oft{:e applicafion. This condition is met. The applicant has submitted lease agreements dating back to June, 1483. Other leases were signed in 1986, 1987, 1988, 1989, 1991, 1994, 1995, and 1996. City directories for these yeazs do not list two households atthis address. d. The off-street parking is adequate to serve the use. This condition is met. There is a 2-caz gazage on the lot as weli as a blacktop pazking pad off the driveway from Birmingham that will accommodate at least 1 caz. The zoning code requires three spaces for new construction. e. Hards{zip would result if tlae use were discontinued. This condition is met. The appiicant has submitted figures showing that the total rental income from the property is currently insufficient to cover expenses, and that the shortage would be worse if the structure were converted to only one unit. The first floor unit rents for $700 per month, while the upstairs rents for $450, for a total income of $1150. Monthly expenses, including mortgage payment, taxes, utilities, insurance, and maintenance, total $1433.15. ,f. Rezoning the prnperfy would result in "spot' zoning or a zoning inappropriate to surrounding land uses. This condition is met. Rezoning would result in the RT-1 district extending beyond the back lot lines between Winchell and Birmingham into the R-3 • district along Birnungham. g. 7&e use wiU not be detrimental to the e.xisting character of development zn the immediafe neighborhood or endanger the public heallh, safety, or general welfare. This conditian is met. The existing neighborhood chazacter includes both single fanuly and duplex dwellings. h. The use is consistent with the compre{zensive plan. This condition is met. The Housing Policy Plan recommends decreasing density in areas where resi@ential density is too great. The size of the lot is such that this azea is not overly dense. The plan also calls for exploring the feasibility of code compliance inspections to duplex rental units. Z. A notarized petition of 2t3 of the property owners within one Izundred feet has been submitted stating their support for tl:e use. This condition is met. The applicant has submitted a petition. Nineteen properties are eligibie; thirteen signatures are needed. ApplicanYs petition has thirteen signatutes. . 4. In addition to the zoning code requirements, the Planning Commission approved guidelines for nonconforming use permits for duplexes in residential disiricts. These guidelines call for staff recommendation of denial unless all of the following conditions aze met: � A. Lot size of at least 5,000 square feet with a lot width or fronf footage of 40 fee� ApplicanYs lot has 121 feet of &ontage on Birmingham (front yazd) and 67 feet of ��-��� � frontage on Wincheil and a lot azea of 27,047 square feet, meeting this guideline. B. Gross [iving area, after completion of duplex conversion, of at leasf I,800 square feet for the 2wo units. This guideline is not met. According to the applicant's floor plans, the area of the first floor unit is 1,222.5 squaze feet; the area of the second floor unit is 479 squaze feet. The total is 1,701.5 square feet, or 98.5 squaze feet short of the requirement, If the units were certified as code compliant, concems about overcrowding wouid be addressed. C. Three off-street parking spaces (non-siacked) are preferred; two spaces are the required minimum. A site plan sfzowing improved (durable, permanent, dustless surface) parking spaces must be provided. This guideline is met. Applicant submitted a site drawing (not to scale) for the rezoning request that shows a 2-caz garage and two bituminous pazking pads. D. All remodeling work for tfie �iuplex conversion is on the inside of the structure... This guideline is met. The structure is currently a duplex, no remodeling work is needed to complete a conversion. E. T'he proposed dup[ex structure is located in a mixed density neighborhood, not a hotnogeneous singte famity area or in an area where duplexes and triple.zes are atready concentrated to the point of congesting neighborhood streeu. This guideline is � met. The neighborhood is mixed density and not overly congested. .F: A cade compliance inspection has been conducted and the unit is found to be up to the housing code standards; or the property owner has agreed to make the necessary improvements to bring it to housing code comptiance. This guideline is not met. No insgection has been made by the Health Department. Fire and Safety Services (which inspects structures with three or more units) verified the existence of a basement unit whereupon the applicant submitted the rezoning petition that was denied by the City Council. Approval of legal nonconforming status should be contingent on meeting housing code requirements. G. An economic feasibility analysis has been conducled for those cases where economic hardship is claimed as one reason for the variance reyuest This guideline is not met. The information provided by the applicant is insu�cient to support a determination that compiying with the Zoning Code is not feasible. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commissian, that under the authority of the City's Legislative Code, the application for a Nonconfornung Use Fernut to allow Nonconformine use permit to establish that a duplex is a legal nonconforming use of the property at 1354 BII2,�r1INGHAM ST is hereby denied, based on findings 4B. 4F, and 4G. 9� f 7� � Saint Paul Planning Commission City I�Iall Conference Center 15 Kellogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul was held Friday, November 7, 1997, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Duarte, Engh, Faricy, Maddox, Nordin, Treichel, and Wencl, and Present: Messrs. Field Jr., Kramer, McDonell, Nowlsn, Vaught and Wilson. Commissioners Ms. *Geisser and Messrs. *Chavez, Gordon, Gumey, *Johnson, *Kong, *Mazdell, and *Sharpe. Absent: *Excused Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Roger Ryan, and Larry Soderhotm, Department of Planning and Economic Development staff. I. Approval of Minutes of October 10 and October 24,1997 ! MOTION: Commissioner Kranzer movect to approve the minutes of October IO and 24, I997; Commissioner Nordin secon�fed tlze motion which carried unanimously on a voice vote. II. Chair's Announcements Chair McDonell announced that Commissioner Maddox has resigned from the Planning Commission. Her resignation �vill be effective when the Mayor replaces her. The Steering Committee met today before the Planning Commission meeting. They reviewed the 1998 meeting calendar, A copy of it wiil be sent in the nexY mailing. Chair McDonell announced that he will be leaving at 4 a.m. at which time Commissioner Vaught will take over as Chair. ITI. Planning Administrator`s Announcements Mr. Ford announced that PED staff that participated and the members of the leadership team who were there were most appreciative of the workshop last Friday, and felt that it was very valuable communication. They �vere very impressed with the Commission members' engagement, and grateful for your willingness to take part in it. Mr. Ford announced that at 1 p.m. on Thursday, November 13, there is a presentation on the Learning From Series that Minneapolis City Planning is sponsoring. IYs at the Library on Nicollet Mall in downtown Minneapolis. The forum is on some ofthe particularly successful experience in the country in building highly economically integrated new housing in intercities. ��-1 �� • The Comprehensive Planning and Land ilse Committee will meet at 4 p.m. in the aftemoon of Wednesday, November 12, 1997, Gvhere there wil( be further discussion of the CAAPB Comprehensive Plan. IV. Zon'sng Committee #97-207 Mendota Homes - Special condition use permit to allow a 10 unit cluster development at the southwesf quadrant of Lexina on and 5t_ Claic (Beth Bartz, South���est team) Commissioner Field stated that the zoning cammittee and land use committee of the Summit HiII Association had recommended deniai. No one spoke in support. After extensive testimony from the neighborhood and discussion with the applicant, the Zoning Committee agreed, and on a vote of 6- 0 laid the matter over hoping to bring the neighborhood and the developer together to try to find appropriate compromises to some of the issues involved in the project. #97-244 Mary Lou LaFV - Nonconforming use permit to establish a duplex as a legal nonconforming use of the property at 1354 Birmingham Street. (Patricia James, Northeast team) Commissioner Field explained that previously the Zoning Committee had denied a request to make this a triplex. Additionally, the City Council denied the applicanPs request, Based upon these facts, among other things, the gross living area afrer completion of the duplex was under the prescribed number of square feet. In addition, code compliance inspections had not been made. • MOTION: Commissioner Fie1r1 n:ovec! clenirr! of a requeslecl nonconforming use permit to establislt a �Luplex as a legal nonconforming iise of the property at 1354 BirnzingJaana Street which carried unanrmousty on a voice vote. #9�-257 Java Drive Inc - Enlargement of a nonconforming use to allow a coffee kiosk on this site with an existing nonconforming auto specialty store at iQ94 Randoiph Avenue. (Jim Zdon, Southwest team) Commissioner Field stated that in approximately 1945-46, a Java Dtive Irtc �vas approved at the intersection of approximately Snelling and West Seventh Street. It is the applicant's intention to move that facility to 1094 Randolph Avenue. He added that staff provided some interesting traffic flow information at that intersection. The Highiand Area Community Council did not take a position. No one spoke in support or opposition. MOTION: Commissioner Field moved denfal of the requested entargement af n noncnnforming use to allow n coffee kiosk nt I094 Randolph Avenue. A concern expressed at the Zoning Committee was regarding this methodology and was it the appropriate way to facilitate the placement of this facility at that corner. There �vas less a concern about whether it would he an appropriate use to have there. 2 q� i7� • Commissioner Vaught noted that he had two concems: 1) traffic flow; and 2) accident data. Specifically, he was looking for was some way to compare this location wiih the other hvo locations: I) Marshall and Snelling; and 2) tiVest Seventh near Snelling Hill. He noted that Mr. Ryan did a very good job of putting together those statistics which convinced him that this location is nat materially different from the other t4vo locations in terms of the flow of traffic pattern or accident data_ If anything, ihe data put this location in the middie of the ot0er rivo. So his concems were put to rest, The question that he had led him to make the motion to deny was the wording ofthe code with respect to expansion of a nonconforming use. He reads the code that when you talk about expansion of a nonconforming use, you are talking about the existin� use on the Iot you are expanding. He found it difficult to understand how a coffee kiosk could be an expansion of an auto specia(ty store. Since then, he has thought about it and althou�h he nould prefer that be considered a change in noncooforming use from an auto specialty store to an auto specialty store and a coffee kiosk, he can't see that it makes a lot of difference. He does not think that the code addresses this situation perfectly. He went on to say that he thinks this is a good use; it provides a service. Upon reading and re- readinQ the code, he can caff this an expansion of a nonconforming use, although just barely. MOTION: Comn:issione� [jauglrt moved, ns r� substitute motion, to approve tlre request fvr an enlargement of n nonconjnrn:ing use to allow a coffee kiosk on tlris site witk an exisiing nonconforming auto specinity store af 1 D94 Randolph; ilse motion was secon�led by Commissioner Mnddox. � CommissionerField stated that he had come prepared to vote in opposition to this in accordance with the staff recommendation untit he saw Mr. Ryan's data. Having seen ihat data, he could convince himself that this is not goino to create an overwhelming hazard. Tlze motion of the substitute motion carried unanimously on a voice vote. Mr. Ford clarified the information. The staff recommendation was for denial. Staff does not think that the change in nonconforming use was intended to cover this situation, and staff thinks that it's appropriate that it doesa't. Commissioner Treichel asked for a ctarification on the reason for denial. Mr. Ryan stated that the reason for denial was the traffic situation, not the procedures. Commissioner Vaught interjected that is why he speciftcally asked for the traffic and accident data. On the basis of that data, he is able to conctude that there is essentially no difference between this location and the location of Marshali and 5nellin�. If anything, this use is less intense. Commissioner Field clarified, that he believed, at the time af the Zoning Committee vote, there �vas a great deal of discussion as to the procedure as opposed to the traffic flow as the purpose and reason for denial. ��-i�� • Commissioner Vaught stated that it is clear to him that Commissioner Gordon's vote to deny Gvas based on the traffic situation. The motian on the floor 10 npprove ihe enlargemeni of a nonconforming use to allow a caf,f'ee kiosk on tlris site with an existine nonconforming auto specialty stare ai I Q94 Randolpli Avenue ca�ried ununimously on a voice vote. #97-258 IIS West Communications - Special condition use perrnit to allow a 90' cellular telephone antenna at 426 Fairvie�v Avenue North. (Nancy Homans, Northwest team) Commissioner Field reported that this item was laid over until November 13, 7997. #97-259 US West Communications - Special condition use permit to allo�v a 90' cellular telephone antenna at 1b69 Arcade Street. (Patriciz James, Northeast team) Commissioner Field stated that this item was also laid over until November 13, 1497. He read the agenda for the next Zoning Committee meeting, Thursday, November 13. Commissioner Treichel asked what the slope of Ramsey Hill is. Mr. Soderholm responded that it is 1 I per cent. V, Comprehensive Planning and Economic Development Committee Commissioner Maddox announced an upcoming meeting with Neighborhood Planning and � Land Use Committee next Wednesday, November I2, at A p.m., in the 14th floor Conference Room in the City Hall Annex. VL 1�Teighborhood Planning and Land Use Committee Commissioner Treichel announced the next meeting, Monday, November 17, at 3:30 p.m. in the 14th floor Conference Room in the City Hali Annex. VII. Communicafions Committee No report. �TIII. Task Force Reports Commissioner Treichel announced that the Housing Task Force wilt begin to have focus meetings on Tuesday mornings beginning November 18 and continuin$ through December 4, 1991, from 8-930 a.m. People �vilt be speaking on specific issues of housing; affordable housing being the topic on the I Sth. She invited Commissioners to attend. Chair McDonell left the meeting. Commissioner Vaught took over as Chair. 0 ��' i7� � �. oia Bus;n�s Cammissioner Treichel, on behalf of Cammissioner Gordon and herself, said that they appreciated the good attendance at the Planning Commissioner workshop last Friday. Commissioner Treichel commented that in the future the Commission should take more initiative to invite the people the Commission needs to communicate with about issues. Mr. Ford said that a few staff people met shortly after the �vorkshop last Friday to discuss what needed to be done tight away to be sure that some of the issues broueht up at the workshop were followed through on. Three sug�estions were brought to the Steerin� Committee this morning: Conan:issioner Review of Neighborhood Planning. As you have seen from the presentations, a good deal of the p(anning and development work underway in neighborhoods is not taking ptace with the formal "small area plan" designation which would prescribe a clear role for the Commission. This is creating a communication gap. Ft is important that the Commission have an opportunity to idantify issues of importance from its policy perspective ear(y on, and an effort on the pad of PED to keep the Commission up to date on the neighborhood efforts should help to make that possible. 2. Establish an Appropriate Certifrcation Framework for Neighborhood Plans. It's obvious that the relationship of neighborhood plans to the City Plan is a significant issue. It's an issue that is difficult to resolve Gvhen we do not have the means to keep aIl neighborhood- level plans up-to-date. Several ideas have been suggested, and some models are available M from other cities. We are proceeding to work out and describe the most promising alternatives and will bring these to the Commission for discussion. 3, Quadrant Liaison. The Commission has already made a decision to identify members for liaison roles 4vith each of the four quadrants within which PED organizes its work. We support this idea. Exactly how the liaison role might evolve we're not su�e, but we believe it �vould be useful naw for each of the quadrants to knoGV that they have one Commissioner willing to be a contact point and keep informed about what is going on in their portion of Saint Paul. Commissioner Treichel noted that there's a point of tension between neighborhood plans (District Plans and SAPs) and the Comprehensive Plan. In the process of doing SAPs over a number of years it became c(ear that we needed an overarching structure (Land Use Plan) into which each one of the SAPs would fit. Now the Comp Plan update is mandated by the State. Neighborhoods are looking at us suspecting that this may minimize the neighborhood plans. Another concem is that in previous years the small area plans were done with PED staff guidance; more and more now, small area plans are being done independently. So, we Iose the ongoing liaison with neighborhoods that we used to have which creates another point of tension. Mr. Soderholm noted that staff is working on models for solutions. He stated that at the last Nelghborhood Planning and Land Ilse Committee meeting, Commissioner Kramer suggested that we try to abstract from existing district and small area plaas one or two pages of land use policy that could be added to the back of the Land Use Plan as appendices so that we would 9�-��� • have a way to keep poiicy for each part of the City clear and knosv whaPs in the Comp Plan and �vhaYs not in the Comp P1an. We should have some dialogue with each neighborhood about their appendix. Commissioner Nowlin suggested that we try to designate �vhich plans should be in the Comp Plan and Gvhich ones should just be guidelines, and would not have the legal force of the Comp Plan. Ken Ford suggested that we reatly need to ]ook at models used in other cities. Mr. Soderholm continued to say that the goals for the new modei should: account for existing adopted plans in some �vay; account for the kind of neighborhood plannin� we see being done in the future, which �vill include more of the independent plans; be clear legaliy; and be administratively realistic about what can be accomplished. Commissioner Engh asked who is the principle audience for the Comp Plan? Who are we �vriting it for---developers, neighborhood groups, or the general citizenry? Mr. Ford responded by saying that iPs an important question; one that staff asks itself often. He replied that the answer is all of the above, if it's going to do its job. The Comprehensive Plan is not just an operational plan for City government. If it does its job, it provides a vision and a focus that affects a whole lot of actors in the City-- in the private sector, nonprofit sector, public sector, and a iot of organizations. It's a very broad audience and if it doesn't Gvork for bureaucrats, the directors of departments in the City who are putting budgets together for what their department is going to do, it's not going to be very well implemented. If it doesn't work for a mayor and a city council, people who have political interest but need to be able to talk about vision and direction in a clear and �vay, it's not going to do its job very effectively. � CommissionerNordin commented that she worked on the Midway Parkway Small Area Plan. It seemed to be very money oriented and time-frame oriented. At the time, she said that she wasn't aware of a City Comprehensive Plan or she would have had to consider it in working on the neighborhood p1an. She feels that the Comp Plan and neighborhood pfans are in two different worlds. Commissioner Nowlin noted that there is al�vays a tension with comprehensive p]ans and that comprehensive ptans in big cities are tough to do. Now that comprehensive plans have more power than zoning codes, they have the potential to be very strong documents. The questions is how do you want to change land development in the City? A developer can use a comp plan to force a change in, for instance, housing density, if the comp plan says we ought to have more housing density in an area. It can be a stimulant and it can have great power if people are wi(ling to put that kind of power into a comp plan. He stated that it is really the Planning Commission's opportunity to make a statement about what we think makes sense for the overall City. He continued to say that from what the Commission has heazd, the quadrants in PED are doing action oriented project development planning, bottom up, the way (ife normally works, but that PED isn't looking at the overall picture of the City. The Planning Commission has an opportunity with the Comprehensive Plan to make its statement about vazious areas of the City, vazious corridors, various needs, etc. IYs a coordinated statement of how �ve would like to see the City change. He added that it was great to hear what the quadrants are doing. What he finds frustrating on LJ ��-i�� • the Plannin� Commission is that it doesn't have the opportunity to speak to the quadrant people wl�at its wishes and concerns are. Is there a way the Commission can communicate its thoughts? Commissioner Treichel responded that in discussion earlier this morning, the Commission talked about having on-going presentations by the four quadrants throu�hout the year, at which time the Commission can ask our questions and make su� estions. In addition, she noted that Commissioners, possibly rivo, would become the liaisons to each one of the four quadrants. This structure �vould provided an on-going dialogue and a vehicle for the Commission to express itself more fully. Mr. Ford underscored what Commissioner Nowlin said and is requesting. He pointed out that a couple of years ago Mayor Coleman asked the Commission how he couid get more information from it. In other words, ho�v can the Commission do a better job of letting him know the things that it's concerned about and the things it sees going on in the City that he ought to be aware of? One thing that concerns staff is that where there really is effective communication going on is where the Commission has a decision to make, where there is action to take. Although communicating information is good because it sometimes generates good discussion, iYs not always c(ear that is doing anything to affect the system. There seems to be a need for something to be clear in the structure where the Planning Commission has a decision and everyone knows that something is going to have to measure up to some policies. There has to be an agreement that the Planning Commission has a clear role and a clear voice. � Commissioner Nowlin asked if any thought has been given to the idea doing capital budget improvements which combines STAR on a quadrant basis? Mr. Ford replied that he has not heard of such a discussion, but iYs an interesting idea. Commissioner Nowlin commented that there seems to be a disconnect behveen STAR and project ideas. Mr. Ford stated that Saint Pau] has had whaYs been regarded in the country as a model of what Capital Improvements Programs did for a long time, an innovative one thaYs broadty participative with our Capital Improvements Committee structure and the review of all those projects, programs by tHe Planning Commission. Perhaps iYs gotten a little stale. There's been a lot of interest in streamlining it because it probably doesn't work as well as it did because staff cannot put the kind of time and effort into processes as they used to. It's something ripe for looking at. He added that in the Minneapolis Comprehensive Plan, they are making a strong effort to ensure that there's a strong link beriveen the comprehensive plan and the capital improvement budgeting process and the operating department budgeting process. Commissioner Nordin suggested that not only the Mayor wants to be more informed, but perhaps the community also wants and needs to be more informed. She suggested having Planning Commission meetings on cable TV as City Council meetings are, and putting the Planning Commission agendas and minutes on the Internet. • ��� »� • Commissioner Nowlin suggested having a series about the Comprehensive Plan on cable TV. Commissioner Treichet asked Mr. Soderholm about the West Side Plan. To make the plan official, they do have to brin� it before the Planning Commission and the City CounciL There may be things in that plan that are not consistent with another plan. How is the Commission goino to evaluate those plans, and is the Planning Commission setting itself up for serious confrontations? Mr. Sodedtolm replied that PED staff kneGV that the p(an was 6eing done, but have not had a role in its development. He thinks there may be issues in that plan that need to be reconciled with city-wide policy. Plans that are initiated by neighborhoods without Planning Commission or PED participation are more difficult to inte�rate with city-wide policy. Commissioner Duarte asked how the priorities are set for both the Comprehensive Plan and neighborhood plans. Commissioner Treichel responded that her idea is that the priorities of the neighborhood plans need to be integrated into the Comprehensive Plan and other appropriate plans. Neighborhood plans always need to be negotiated with the Parks Plan, the Transportation Plan, regional plans, etc. It's not an easily defined list of priorities. Commissioner Engh is concerned about tryin� to keep the inte�rity of the neighborhood but have a document that gives consistent direction. She asked if part of the role of the Planning Commission is to resolve disputes? � Mr. Ford replied that resolving disputes is a critical part of the Commissiods role. He stated that was what he was getting at when he said there is something beyond sharing information that helps the Commission reach a decision; some clarity about roles. He said that the Planning Commission used to have a process in adopting district plans that included "boxed comments" where the Commission would adopt a district plan, but sometimes in that plan there would be a box around a particular recommendation and a statement that said, "The Plaaning Commission does not endorse this particular policy." It didn't resolve anything though. Commissioner Nordin thinks that the neighborhood plans are a vehicle to get their opinions and insights to the Planning Gommission. The Commission is the city-wide body that evaluates through the lens of the Comprehensive Plan. Commissioner Treichel responded that when the district plans were set up, it was her impression, that in the citizen participation process, if a district could agree on things, the pian was thought of as public policy, rather than a wish list. Mr. Soderholm stated that he thinks it's wron� to think of neighborhood planning as wish lists. In the neighborhood planning process, citizens are engaged with the City departments and other public agencies or whoever contro(s resources to try to Fvork towards something thaYs realistic and can be done. Maybe it starts otit with a wish list, but as the process continues, a realistic outcome emerges. • ��-J�� • Commissioner Treichel added that the Commission's concem is that ivith the elimination of staff, the Commission no longer has that capacity to take the wish list, to sit down with the neighborhood for a year and come up with a realistic plan. She stated that her concern is that more and more of these independent plans will come in and we wiil have serious confrontation. In the past, staff and the commissioner did a good job of negotiating a realistic plan. Commissioner Duarte feels that the Commission needs to help neighborhoods improve their plans if they don't meet the standards of the Comprehensive Plan. Commissioner Treichel added that there is also a political dimension that plays into these plans that cannot be ignored. The Planning Commission does not have the Fnal say; City Council does. X. New Business No new business. XI. Adjournment MOTION: Commissioner Treiche! moved adjournment of today's meeting; Commissioner Eng secohded tke motion w1:ic1: crrrried unanimously on a voice vote. The meeting was adjourned at 9:53 a.m. • Respectfully submitted, Ken Ford Planning Administrator Approved �/ ' �i�' � �_ (date) Carole Faricy Secretary of e lanni ommission • q� >�� MINUTES OF TAE ZONING COMMITTEE � CITY COUNCIL CHAMBERS, SAINT PAUL, MINNESOTA ON OCTOBER 30, 1997 PRESENT: Mme. Wencl; Messrs. Chavez, Field, Gordon, Kramer and Vaught of the Zoning Committee; Mr. Warner, Assistant City Attorrey; Mmes. Bartz, Homans, Sames and Sanders and Mr. Ryan of PED. ABSENT: Faricy, excused Time: 6:30 - 7:20 p.m. The meeting was chaired by Litton Field, Chairperson. MARY LOU LAW• 1354 Birminaham Street• eastside between Iw and Arling on• #97-244: NonconforminQ Use Permit. To establish that a duplex is a legal nonconforming use of the property. Patricia James, PED, Northeast Quadrant, reviewed the staff report and presented slides. Staff recommended denial of the nonconforming use permit based on findings 4B and 4F of the sCaff report. The District 2 Community Council voted in opposition of the nonconforming use permit and requested that the portion of the lot zoned RT-1 be changed to R-3. District 2 submitted a listing of complaints from the Mayor's Information and Complaint Office as we11 as documentation of three phone calls in opposition. . Three letters were received in opposition. Commissioner Vaught reviewed with staff that in 1995/1996 the property owner sought a rezoning to RT-2 to establish three units in the structure. The rezoning had been initiated at that time as a result of the Fire Department determining that it was not a proper conversion. That request was denied. Vaught asked if at that time it was a single family residence. Ms. James responded that the building had been used as a duplex, that they were converting the basement to anoCher unit, and as a result the applicant was notified that they needed to establish a non-conforming status £or the duplex. Commissioner Vaught hypothesized that presuming a code compliance inspection were conducted and that it was up to housing code; and that this particular legislaCion requires a negative staff recommendation when one of the conditions is not met; and the only condition not met was the 98.5 square foot deficiency in the total square footage; he asked whether if not for that whether the staff recommendation might be different. Ms. James responded that if there were a code inspection that said that the upstairs unit met code and that it was safe, that she might still recommend denial because of the guidelines, but wasn't certain the 100 square feet was a major drawback. Commissioner Kramer asked to review the signed petition, as it was not included with the staff zeport. Ms. James presented this for review. Commissioner Kramer asked what the law was in regards to the timeliness of the collection of signatures. Ms. James said that this must be Cimely, that • signatures would be valid for one year. 9�'-1�� � Peter Warner, Assistant City Attorney, said he was not aware that the code sets a timeline for how long signatures remain valid. He asked staf£ to address the process which is followed regarding such. Mr. Ryan responded that Ms. Law was given a deadline, which she met, for having the signatures in on time. Chair Field said he wished to see the above issue discussed as a part of future minor zoning text amendments. Ms. James reviewed that final action on the previous rezoninc request was taken on January 31, 1996. (2oning Commi[tee denial 8 to 0; Planning Commission denial 14 to 0; CiCy Council denial 7 to 0. Mary Lou Law, the applicant, spoke. Ms. Law said that she had submitted two difEerent petitions to the City over time which were both found acceptable by staff. When she converted her house into a duplex she said sne was not aware that a duplex was not allowed because other duplexes were located throughout the neighborhood. The Fire Department advised her at that time on second story exits. She noted that she rented the second story apartment first as an efficiency, then later converted it to a one bedroom unit with a dormer and was not aware it was illegal until she pursued creating a triplex by creating a third unit in her walk-out basement. Ms. Law reviewed that her mother, Mrs. Widing, who resides next door, fias acted as the landlord for the past 6 years. She reviewed that a number of improvements have been recently made including: landscaping, the stucco and . trim repainted, and new boaxds put on both the front and back porches, and the interior of the house has been completely renovated. If required to convert it back to a single family home, Ms. Law said it would be very costly, and would be an 8 bedroom home. Commissioner Kramer asked what year the house was first used as a duplex, with Ms. Law responding that the efficiency apartment was created in 1981. Commissioner Chavez referenced the Information and Complaint Office's record of complaints for the property, asking for clarification of which complaints applied to her property. Ms. Law responded that most recently when the City checked on complaints that they could not see a valid reason for the complaint. She said when problems have occurred that she has taken care of them within the required period of time. Commissioner Chavez asked Ms. Law to address the lengthy list of police ca11s for this residence. Ms. Law briefly reviewed the list. She indicated that some of the complaints pertained to tenants who were no longer living at the residence. Commissioner Gordon determined from Ms. Law that she lives aoproximately 3 miles from the property. Gordon asked whether in 1996 when she applied for the rezoning to a triplex whether she was told that it was zoned for a single family residence. Ms. Law responded that she was denied the rezoning to allow a triplex as it was zoned for single family, and triat within a very short period of time following the denial, she was notified she would need to � proceed with a nonconforming use permit for tke duplex, and that she then . 2 q� 1�� • proceeded with that. Commissioner Gordon asked Eor an explanation of the four phone calls received by District 2 Council that were in opposition and requested anonymity for fear of retaliation. Ms. Law responded that this was related to a dispute between herself and one of the neighbors, and that others were draor*m in by this neighbor, and she dismissed any intention of any retaliation. Commissioner Chavez questioned the ability within the process for layover to allow Ms. Law an opportunity to have the property inspected. Zt was determined that action could take place up to November 22, 1997, which is 60 days from the date received. Chavez asked the applicant wfiether she would be agreeable and would take care of the details in that time period. He noted the 100 square feet deficiency would need to be addressed. Ms. Law responded that she believed the drawings were off as she met a11 of the requirements the first time when she was requesting a triplex and said she would be agreeable to layover. Mr. Warner said that it would be possible for Ms. Law to make arrangements with the Fire Department in this period of time for the certificate of occupancy; further noting triat the Health Department does code compliance inspections, which are similar in naCUre to C of O with Fire. He noted that the Health Department does one and two-family dwelling units, and Fire does three-family dwelling units, but suggested that Fire would be the appropriate agency as there were comments from Barb Cummings, Fire, in the staff report. Commissioner Kramer asked what the assessed value of the property is, with � Ms. James responding that the 1997 market value at $71,800, and that the property is listed as homesteaded. Ms. Law said that it qualifies as homestead because her daughter resides in the home. Commissioner Kramer asked when the house was refinanced, with Ms. Law responding that it was refinanced approximately 8-9 months ago. Hearing no public testimony, the public hearing was closed. Commissioner Gordon moved denial oE the nonconforming use permit. Commissioner Vaught seconded the motion. Commissioner Kramer said he would support the motion for denial. He suggested that the economic feasibility analysis was incomplete and did not provide proper information to determine that the house could not be self-supporting and suggested that he believes a great demand exists on the Eastside for large houses. Commissioner Gordon accepted the above comment as criteria for denial. The motion Eor denial carried on a voice vote of 5 to 0. Commissioner Wencl was not present for the vote. Drafted by: ! �°,»�- Sa.�`'.+.o�—" Donna Sanders Recording Secretary S itted by[� A�,pmve � � Patricia James on Fiel Northeast Quadrant Chairperso � 3 9�1�� ZONING COMMITTES STAFB REPORT � ____________________�________ FIL'S # 97-244 1. APPLZCANT- MARY LOU LAW DATE OF FiEARING: 10/30/97 2. CLASSSFICATION: Nonconforming Use Permit 3. LOCATION: 1354 BIRMSNGHAM STREET 4. PLANNING DI$TRICT: 2 5. LEGAL DSSCRSPTION: subj to st; ex S 5 ft; N 67 ft & W 165 ft of Lot 13, Block 6; Rogers and Hendricks Acre Lots No. 2 6. PRESENT ZONING: R-4 20NING COD& REFERENCfi: 62.102 7. 5TAFF INVESTIGATION AND REPORT: DATE: 10-22-97 BY; Patricia James 8. DATE RECBI{TED: 09/22/97 DEADLINE FOR ACTION: A. PVRPOSE: Nonconforming use permit to establish that a duplex is a legal nonconEorming use of the property. . B. PARCEL SIZE: Flag-shaped parcel with frontage on 2 streets; 67 feet (Winchell}x 270.7 Eeet x 121 £eet (Birmingham) = 27,047 square feet, or .62 acres C. SXISTING LAND VSE: 2-family residential (split zoning R-3; RT-1) D. SIIRROUNDING LAND USE: North: single Pamily and duplex residential (R-3; RT-1) East: single family and duplex residential (RT-1) South: single family, 3-family residential (R-3; RT-1) West: single family residential (R-3) E. ZONING CODfi CITATION: Section 62.102(I)(1) authorizes the planning commission to establish legal nonconforming use status to the use of structures which fail to meet the standards of section 62.102(b) if the commission makes the findings listed under section H of this staff report. F. HISTORY/DISCII55IOI�: In 1996 the City Council denied a request to rezone this lot to RT-2 to establish three units in the structure. iZoning File #95-232) G. DI5TRICT COUNCZL RECO�NDATION: At the time this 5taff report was prepared, no district council recommendation had been received. r I�a q�-�7� • H. FINDINGS: 1. The structure is currently used as a duplex. It is located on the western half of the lot, which is zoned R-3. The garage is located on the eastem part of the lot, which is zoned RT-1. 2. The area and frontage of the lot (67 feet (Winchell)x 270.7 feet x 121 feet (Birmingham) = 27,047 square Eeet) exceed the minimum standards for a duplex under the Schedule�of Regulations of the Zoning Code (6,000 sq. ft. area and 50 feet frontage). 3. The Planning Commission may grant a non-conforming use permit when there is conformance with code requirements: a. Tke use occurs eatirely within an existing stzucture. This condition is met. The two units are entirely within the main structure . b. The use is simiSar to other uses permitted within the district. This condition is met. The duplex residential use is similar to the single family uses to the west and the single family and duplex uses to the east, If the structure were located on the eastern half of the lot, it would be in conformance with the zoning code requirements for 2-family residential. c. The use has been in existence continuously for a period of at least • ten years prior to the date of the application. This condition is met. The applicant has submitted lease agreements dating back to Jvne, 1983. Other leases were signed in 1986, 1987, 1988, 1989, 1991, 1994, 1995, and 1996. City directories for these years do not ].ist two households at this address. d. The off-street pazking is adequate to serve the use. This condition is met. There is a 2-car garage on the lot as well as a blacktop parking pad off the driveway from Birmingham that will accommodate at least 1 car. The zoning code requires three spaces for new construction. e. Hardship wou2d result if the use were discontinued. This condition is met. The applicant has submitted figures showing that the total rental income from the property is currently insuf£icient to cover expenses, and that the shortage would be worse if the structure were converted to only one unit. The first floor unit rents for $700 per month, while the upstairs rents for $450, for a total income of $1150. Monthly expenses, including mortgage payment, taxes, utilities, insurance, and maintenance, total $1433.15. f. Rezoniag the property would result in °spot' zoaing or a zoning inappropriate to surrounding Iand uses. This condition is met. Rezoning would result in [.he RT-1 district extending beyond the back lot lines between Winchell and Birmingham into the R-3 district along Sirmingham. • g. The use mi11 not be detrimental to tfie existing character of '1 9�'�»� develapmeat in the immediate neighborhood or endanger the pub2ic � healtk, sa£ety, or geaeraZ weSfare, This condition is met. The existing neighborhood character includes both single family and duplex dwellings. h. The use is coasisteat with the compreheasive pZaa. This condition is met. The Housing Policy Plan recommends decreasing density in areas where residential density is too great. The size of the lot is such that this area is not overly dense. The plan also ca11s for exploring the Eeasibility o£ code compliance inspections to duplex rental units. i. A notarized petition of 2/3 of the property owners withia one hundred feet has been submitted stating their suppost for the use. This condition is met. The applicant has submitted a petition. Nineteen properties are eligible; thirteen signatures are needed. Applicant's petition has thirteen signatures. 4. In addition to the zoning code requirements, the Planning Commission approved guidelines for nonconforming use permits for duplexes in residential districts. These guidelines call for staff recommendation of denial unless all of the following conditions are met: A. Lot size of at 2east 5,000 square feet with a lot width or front foota9e of 40 feet. Applicant's lot has 121 feet of frontage on Birmingham (front yard) and 67 feet of frontage on Winchell and a lot area of 27,047 square feet, meeting this guideline. • B. Gross living area, after oompletion of dupZex coaversion, of at least 1,800 square feet for the two units. This guideline is not met. According to the applicant's floor plans, the area of the first floor unit is 1,222.5 square feet; the area of the second floor unit is 479 square feet. The total is 1,701.5 square £eet, or 98.5 square feet short oE the requirement. If the units were certified as code compliant, concerns about overcrowding would be addressed. C. Three off-street parking spaces lnon-stacked) are preferred; two spaces are the required minimum. A site plan showing improved (durable, permanent, dustless sur£ace) parking spaces must be provided. This guideline is met. Applicant submitted a site drawing (not to scale) for the rezoning request that shows a 2-car garage and two bituminous parking pads. D. AZS sesnodeSing work for the duplex conversioa is on the inside of the structure... This guideline is met. The structure is currently a duplex, no remodeling work is needed to complete a conversion. E. The proposed duplex structure is located in a mixed density neighborhood, aot a homogeneous single-family area or in an area where dupSexes and triplexes are already concentrated to the point of congesting neigkboshood streets. This guideline is met. The neighborhood is mixed density and not overly congested. F. A code compliaace inspection has been conducted and the unit is • fouad to be up to the housing code standazds; or the property owner has agreed to make tke necessary improvemeats to bring it to kousiag u �g i7� code compZiaace. This guideline is not met. No inspection has been • made by the Health Department. Fire and Safety Services (which inspects structures with three or more units) verified the existence of a basement unit whereupon the applicant submitted the rezoning petition thaC was denied by [he City Council. Approval of legal nonconforming status should be contingent on meeting housing code requirements. G. Aa economic feasibility analysis has been conducted for those oases where ecoaomic hardsfiip is cZaimed as one reason for tlze variaace request. 2his guideline is met. Given the shortfall in income, it does not appear £easi.ble to rent the house as one unit. It is not clear that the home is marketable to a homeowner who would use the entire house. I. STAFF RECON4TENDATION: Based on staff findings 4B and 4F, staff recommends denial of the nonconforming use permit. � � • rl � � I 7`� NONCONFORMING USE PER1iA1T APP�ICATION • '� ,�' Depanment of Planning and Econnmic Development M *�� Zoning Section 1100 City Hall Annex 25 West Fourth Street Saint Paul, MN 55102 266-6589 APPLICANT Zip��_Daytime Phone_ ��% /�j,� PRQPERTY LOCATION • TYPE OF PERMfT: Application is hereby made for a Nonconforming Use Permit under provisions ofi Chapter 62, Section 102, subsection i, Paragraph�_ of the Zoning Code. The permit is for: � Change from one nonconforming use to another (para. 3 in Zoning Code) O Re-establishment of a nonconforming use vacant for more than one year (para. 5) � Legal establishment of a nonconforming use in existence at least 10 years (para. 1) ❑ Enlargement of a nonconforming use (para. 4) SUPPORTING INFORMATION: supply the information that is applicable to your type of permit. CHANGE IN USE; PresenUPast or RE-ESTABLISHMENT: Proposed usi Additionai information for all appiications (attach additional sheets if necessary): ! I Required site plan is attached ❑ p �/ �� � AppficanYs signature � ril.c�����C� `�� Date /'fJ i/ City agent 5� Name of owner (if different) Contact person (if different) ���D����p, �j�i}rt�Phone ° jfp,� J�� r��v1 L� � a/ S �u.s �s al u� l�e x — • �OC(r� D l'� �"1Dcl S� L�, f � �`s %axes � f� or1 �IOuS� �5 �i�:�.`c/ {�yinerr�� � ,� 5 a o�� . � y� 1�� �� �o � ���o - � a ��, ��;� ��,`es cL �e ��oo - �,,� �� T .� h��se i��j��� . �LLf�ef 1�5 _—�- � ha�e �vo -�° ��- %�i�y cc�� l%�c� �-� a�� o���s o u7� ,��se t�' 1�us �"G�e a tQl .L� �`S ��'a �f�. � aoo � � � � ��� �� ��� ���,o���a� �C� �f� �`P.1'�C�1C Gk.l./Zt`�2 � /v O . a v m � , � us �' a %d ��c�o � 8� .�r �a�cv�� ��� a ��� r' ° _--, � ,�S ..�UO • o o � f 0 �-u � �� 1� t�cnc e n� �-��.��-� �-�`� I�-�� � .% �c�-�°�'� s�� � ��, �-{-ruc �e� as ��"" �l�SU° p��I� � ���� o 0 ���e ccs �s . re�l�� �� /���• �� ��` ��;�-� �A� v er� �'cc �c, i,uou.t� �� ��733� ��s (0 ee v� r�-� rnarn �e� - +v ( vc.e� e cf� ��CCS e -��,( r,uer�� � g�� od i �C.S � 1 S � r'`C��ce� 1 Y �t�u 1�(1(,C�C ���`Z�-J�. �S�- -� C��v1 Uer� .=L� ��v�Ver i�' �OU.��c�q �JcCSe�Ylev� � J �ac k c.c.Jau � cl t,r)oc� (c/ � e {�Y�CC � N � lOU F °� � 1��-a� ��e� �e i ✓� �� � vlduSar��S - cc h 8���rc� ryr h o�,Gs� � c�-.psfu � �s, Sfi CITY OF SAINT PAUL CONSENT OF ADJOINTNG PROPERTY OWNERS FOR A , NONCONFORMING USE PERMIT �Ve, tlie undersigned, o�vners of the property within 100 feet of the total contiguous description of real estate owned, purchased, or sotd by THE APPLICANT within one year precedin� the date of this petition acknowiedge that we have been presented with the followin;: A copy of the application of (name of applicant) to es[ablish a (proposed use) located at: (address of property) requiring a nonconforming use permit, along �vith any relevant _site plans, diagrams, or other aocun,entacio�. We consent to the approval of this application as it was explained fo us by the applicant or his/her representative. • � NdTE: Atl information on the upper portion of this apptication ust e comptefed prior to obtainina etigibte signatures on tfiis pefition. I• rl i7L1C:41i}l�Y\'� � C f � 17`�� SZTUATZON 2 PRO PORHA INFORMATION SHEET REOUZRED I;IFOR'i.ATZON ` Aousin � Unit Breakdown Number of bedrooms ' Square foot size of unit Contract rent Est. Amount'o£ tenant paid utilities Income from stzucture other than rent OneYatine Exnenses Maintenance f j 1._J Insurance Utilitj.es Other Taxes Existine Vacancv Debt Breakdown Initial principal amount Interest rate SZNATION WITH CONTZNUATION OF EX1RA UNZTS ZN STRUCTURE � ��G tJ • � `y'• J $ �,�DO � � ,�/�q''J,- ..��Ca. pD � l/��7�'�. .IL' eo � /�00 • � �-'32r�Zzci SINATION WZTH CONVERSION OF STRUGTURE TO LEGAL Iv'UMBER Oc �E.*iZTS / � /,/,SU , o-r� L( fS�r-�%�.� � � 7 � F� Amortization term Balloon (maturity) term Monthly payment Balance amount on debt Sources o£ loans Debt service'coverage ratio requirements For rehabilitation projects• Type of improvements (provide detail) Cost of improvements (provide detail) ..�%�� ; �-�' / / �� � -- _ -7 _.- . . �� ��. � � �� � � � --- ----- - , . -- ------ -- ! � —=----- p. 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T �, �+ - -�� h �, --��- --- — _ � �. � ----- ------- ---- -- ------ � J l> ------� S� �-��- -- --- - --- �� �- ------ ----,�---- -- - - ------- H �� ----------- - _ _- --- _- -- --�� __------- -- __ --------- -�! ` � , z 9� ---- -... - -- -- --- '-. . --- -- --------- �- I ----------- --_----- - --------_----. �- �, £,g --- - - - -- `_ ------- ------- 1 =� __�-__i __ --� --- --- --- - - 1---- ------ _ S' � a "- , 6r( __ t � - --- - - _- -- -- - - - -. � - - ----- : � �� - ____ _.-- ___ - , --- _-- �.- - - --- --- --- --I-g`�--- ---,��-_- -- -} -.. - - - ---- - - --- - --- --- -- - _ --- - --- - - ' �s' y - -----�- � - -- --- -- - --- .. . ��� �.�AYIi_. �� ��-�7� • AFFIDAVIT OF PERSON CIRCULATING THE CONSENT PETITION STATE OF MINNESOTA) SS u COUNTY OF RAMSEY ) �1 7�/�O.r �� , being first duly swom, deposes and states that he/she is the perso�i wh� circulated the consent petition consisting of � pages; that affiant represents that the parties described on the consent petition are all the respective owners of ihe properties placed immediately before each name; that affiant is informed and believes that each of the parties described on the consent petition is an owner of the property which is within 100 feet of any properry owned, purchased, or sold by petitioner within one (1) year preceding the date of this petition which is contiguous to the property described in the petition; that none of the parties described in the consent petition has purchased or is purchasing property from the petitioner that is contiguous to the property described on the consent petition within one (1) year of the date of the petition; that this consent was signed by each of said owners in the presence of this affiant, and that the signatures are the true and correct signatures of each and a1t of the parties so described. Subscribed and sworn to before me this �� day of � , 19� � , ' �u.�.�- /l,. . � , , ,,� ��� . ►..�. • s � �: •^^^.�,, . • ur�ophuwte wunr.wNo P10TARY PUBLIC•MINNESOTA � RAMSEY COUNTY . - Mrcomm.Eq�Irea.lan.stz000 / � a_.� .s/L• � / � � � �� � / .!� .��, - 'I3o -(o3/�Z TELEPHONE NUMBER Page � of � 1/31r`97 q� 1�� ��6-�a�s • CONSENT OF ADJOINING PROPERTY OWNERS � � We, the undersigned, owners of the groperty within 100 feet of ' �i—.✓ and the total contiguous desciption of real estate owned, purchaced, or sold y petitioner within one year preceding the date of this peti�t3'-�n, acknowledge that, we have been £urnished with a cop of the a lication of// ,� �au. �Tr�'u�r�l �`�..�/ £or special condition use permi noncon£orming use permi (cir�le one) along with any relevant site plans, diagrams, or ot er ocumen ation; and consent to the approval of this application as it was explained to us by the applicant or his/her representative. ( -�. C� �3� :z����,., '-� � �g . � � J �y� � �T/ , �1 / ��/ /3.L JY � � . - � � � � � , ` � . � � (1+ T �� , � n �� � / . tL� G • l� ` ��"� 'm'L' � ,��� > . , �� � ' - _. , ,_' r � � � ` 22/, ` �e �� � l3�1 Q re.rt, ��.��wt S� `3t R�< ��.�,�,� �;.�.�-zs - — y,,, ,�. > � ,° � - .. ���� � !� � r rr � ' - ��� �� � �� li � i� ID � L,�r,� � tti,.� ��� � -' ! � � � r�-�tiR�i A i �y 3� w; ,�.f 1 _�,; G �3��� �.�„���� -= ;;, � ,�. O a 9 , �� - �� ! � ,�,��` 3 � +. ' 3 ��cr, �� � ., ,� ; �_ �' ' 9L- - _-�>�; ,�� L / Y `�- J�.. �l/v —%� 4-- i4-'� _ ; ,.. � i� � 8 q � �I ��� �i�-�� • • 11JZqJ1357 15:41 pisfiri�t 2 f,127315134 Gaunci� UIST T4!0 COUhICIL PAaE c'L �� / 7� T.1ir1 StAlvafs� Av►nua $uka �o� October 27, 1997 Patricia James l lth Ftoot, City Ha(1 Annex 25 Wrst Fourth Suaet St. Paul, MN 55102 Dear Ms. James, 5t.9w1. Mrt 55n7-35o8 (ytz)Ti�_4s�l2 fAX(�+1.)79�_ot1� I am writing to yau on behalf of the District 2 Community Council regarding the proposed nonconforming nse permit at 1354 Bumingham Ave. At the October 15'" District 2$oard of Directors meeting, tha following resolution was unanimously adopted: To oppose the nonconforming use permit for 1354 Birmingham and request the poRion of the lot zoned RT-1 be changed to R-3. u Prior to the passage of this resolution, theYe was a public hearing at the Dis2rict 2 Physical and Neighborhood Issues Committee. Flyers were distributed to neighborhood residents and several phone calls were received. Significantly, I believe, all residents who responded asked that they remain anonymous because o££ear or reprisals. A sheet with phone calls received is attached. At tha meeting itself, only two neigh6ors attended and both spoke in opposition to the perntit because "thece have been problesns with that house fat years." '�he reasons for our opposition to this appl'tcation are primarily based on section Chapter 52, Section 101, sub9ection i, paragraph 1 g of ihe zoning code: "The use wiil not be detrimental to tha existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare." The comments of neighborhood residents, the �re departmeat inspector, a faur-page list of Citizen Setvice complaints (attached) and a summary of the police calis (attached) all lead us to concCude thai this property is already an endangerment of the pubiic health, safety and general welfare of the suttounding nexghborhood and so this permit shpuid not be granted and the use discomir�ued. In addition, white acknowledging that we are not experts in home 6nance, it does strike us as odd that a hquse which has been a duplex for 17 years still requires this kind of income per month just to meet expenses. The economic hardship arguments are not convincing as presented and seem incomplete. �� Finally, while it is not strictly speaking one of the criteria that must be met for a nonconforming use permit to be issued, thera is clearly a theme of deception and disregard for the tules that runs thFoughout the app]icanYs participation in this process. In addition to the whole itlegal triplex matter, the neighbors' responses to the current app]ication, the comments of the fire inspector and the continual problems with upkeep of the property, there is also the fact that the applicant has heen regiatered as the owner and homesteader since 1386 when the property is clearly not 11l24/1597 15:41 5127315194 DIST TW� CdUWCZL VfiGE 53 . . q�'"��� • being homesteaded. There is no evidence that the pattern of behavior by this landlord will change ifthis permit is granted. For these reasoris, we urge the members of the Zoning Gammittee to appose this appFication for a nonconforming use pernut. We thank you for this apportunity to raise these issues with you and for your consideration of them as you determine your response. Sincerely, �`-�` ( "� Tim Dornfeld Executive Director � • • � • FP.OM : ST MAP,K PHOFIE h10. : 2240223 Oct. 39 1997 03:2�Ft9 F'1 q� ��� �o���f �� �w���� � �� 1 c� �A �.(�� �-f �5- �-��/�r� f= r�d�U �/l��Tff � ftST ��-A � ' �'/t��It'�-�f/t� G�ce � r �� �1 �I=— �rt110 �— j�UcILI� �/,�� `��� :� X�lC�SS f� U I/� 5 f��w� ���0��0� •� (� �f.�- �� 2-�xi�- r t%6 G� / 3 S ��.��isU��,t� �jl-�A/L� �--C� � �5� � D� 7��� �,��J�'G.�-�� s �-� �-- �,�v� ��C r S /?'.=-�� U� �avG�.% ��C r s % . f��� �OS�'��'1.� �pa� '��X/.6�r�/`S ,�S .��,u .�'� `T/�;� �.� S % � � �'�- ��� � _ ��i .��1� �x1�7` S �1�/ �Trf-- �,�,c� �� � ,��',�-trr� � _ �� ���� t�� � � � �,� ��� � ��s ���� ��� s ��.� � ��� �' �-�� ���� � �vY� �'�� �-� Si�'��T � � �� � �--�y/���/ ��r� �U�%(/I L� f��= r71�< S S �G S Q ��� l Q� �i�-��� o,�- D�� �� ����� � �,�Gr� S /�� 6�'L� �ru1C� ��� � � ��,1-�r�� Gt S s� � ��� DU`' ���� �� O�G/ - /� `���.G/!; U� /'�.� � _ �����--�� �- `�3 ���,� �-�� S� ����� �� � ;;, : �:- :-.�i' _;:`: ;- ._ ��-s�,._,; ..Y.> �t:,. .;;,..; ;;{ 3 _ ,�..,. ,: .. . � j �; 17`� (i'�� - _ C i�� !I. F �+.Ff23.. r�=;�_� , -�� . ..,.1_. .<r--:.cr-; � :.•. � ; •;�.,..a.:!' . ��:.;•_ _ _ . A . . _ _ .:,'� � - :.a . ,`{,_`�� ai } . t . , . . . ��.. _ . , , j� :. � r ,�t...s.� ? ,. �s' S:' :.7;;` -- .i�l.' a ` '<= ��' ' ��~ �.;�. . '.'' . �i;�' Post-It'"brand so�ae6��! _;" i.;�s }Fi3:�.� . : � � � � - . . � . T° PIG4� m . r. r • , �; ° �%3 .•_.; ... . .. �e. Ne.� ►.ibr - � € :��� Octobe�3, 1997 c � � �- - � t ' ' � - Phone If - . - � oept. - � � - � _ ' ' . , Feal/� FaxA . _ . " D f Id E f D'e f Tim om e, xecu ive tr c or •. pistrict 2 Communiy Council _ 2169 St+4lwater Ave. #2�'( . '. ; � < � St. !'aui, MN 55119 ' ` , .,,�.j FZE: 1354 Birmingham Duplex ��^�� ��" ' • ' ` `� ; � • ;:;:� pear Mr. Dornfefd: � ,'`` `° ;`� ,v i- ' �:_. . ;'".' s � ;'%�r`=i�' ['�'" :� *_�-i•� �: :::. �-; fi;.' This letter is fo express some of my concerns about the duplex at 1354 Birmingham: .I .:' �: } . ;�;. i' `��:.: ,::. �; would rathar have this house converted back to a singie family home_ I have been in '. � `t'�->a "�,�� the neighborhood for over 5 years.; Of those 5 years, I have 6een exposed to a numher :. ', ' of pr'oblerns concerning this properky. ' My thought of the owner (iandlord) is not good. I fee{ she is a slumlord. This property is in bad shape outsida 1 could just imagine what the inside iooks like. The peopie she rents to are not the best neighbors to have. On numerous occasions this past summer the poiice have been called to this address for domestics, b-b guns being shot by children, just to name a few. � . i have 6een woken up numerous times by kids running around in their yard at all hours of the night and also adult parties or get-togethers. I have experienced bad language quite often by adults as well as kids. i don't feef that this home shoufd be Multi-femily. 1f { need to deal with a siunllotd and bad renters, i woufd much rather deal with only one family instead of two. I live reaf close to this prope�ty and have had nothing but pro6lems with the renters. Pfease review their Petiti�n that was su6mitted tfl you. ( was approached about 5-6 times requesting my signature, I would not sign. i don`t think they received enough legitimate signatutes. Thank you for your tirne. Piease consider not approving this permit. `7� � t� wk� �t D v42M^+av�-., C�,Y.au�n�o�.c�, �-�.2� --�-a-�e F�-c (rha.` �.�x,�:�`� t � /��. .��r� !��' �fL�„ �°"'j_ 2��„ �� 9����`� � Phone comments received for 1354 Birmingham: Ail callers requested that their names and addresses not be used because of concern about retaliation, but they all live in the immediate vicinity: 1. It has always had lots of problems. Continued to operate as a triplex unril recently. They aze not good landlords. Doesn't want the permit approved. 2. Doesn't like having a duplex there. IYs been okay this past year, but before it has been very noisy. 3. It's been a triplex since the last meeting. Permit should not be approved because they will do whatever they want without concem for the neighborhood. They still don't keep up the yard at all. 4. Sent letter: on back. Also, Fire Inspector Bazb Cummings left the following message in response to our request for more information on the properry and its history of inspections: • We got it from zoning to enforce and from what I understand, they were putting in an illegal basement unit. It already had two units in the building and its not zoned for two even. They were dickering with zoning for well over a year, being very, very difficult and not doing what they needed to do and so they dumped it in our lap to enforce. I had to tell her on the phone that she get this straightened out or I take it to court and she could tell it to the judge. �Ier and her daughter have been playing the ownership game, putting it back and forth, and I told her I didn't care who was going to be the owner, I was going to take them both and let the judge decide who was going to take the punishment for whatever they were not going to be doing legally. From what I understand they are very difficult to work with. � OC�. -03' 9':FRI1 14 09 � � Octoher 3. 1997 SiA�E OF �1�'i-?IPEL1hE S1FE�` 'EL 6i.?°695�4i Y.uO: �jg 17`� Tim Dosnfeld, Execu;ive Qirector pistrict 2 Ccmmunity Councit 2�E9 St�(f��,�ater Ave. #26'I S? Faul, AdN 55 �19 RE: 1354 6irmir,gham Duplex Gear N7'. Dcrnf°id� This ietrer is to express some of my concerrs about tne duplex at 1354 B:rmingham. I wouid rather have this house conveRed tack to a singie family hame. I have besn in fhe neighborhood for over 5 y°crs• Of those 5 years, I have bean exposed to a numoer of prablems concerning this propecfy. My thought of the owner (landiord) is not good. I feei she is a siumtord. This property is in bad shape outside ! cou(d just imagine what ?he inside looks like- The peopte she rents to are nilt the best neighbo�s tc have. On nu,r°raus oc�asions this past summer the poEice have ksee� cafted to this address for domestics, b-b gu�s b°ing shot by chiid�en, just to name a few. I have besn waken up numerous tima� by k+ds running around in thzir yard at afl hours of the night and aisc aciuit parties or get togethers. i have experienoed bad language quite often by adufts as e�reit as kids. ! dcn't feel that th+s home should be k7ulti-famiiy. 1f i need to deaf with a s!umlosd a�d bad renters, I wnuld muctr rather deai with oniy one famiiy instead of r.ua. { live real dose te this pruperty and have had natning but problems v�ith the rerrters. Piease review their Fetition that was suhmitted to ycu. I uras approached abouf 5-B times requesting my signature. f r+roufd no; sign. I don't think they -eceived enough legif,rtate signatutes. Thank you for your time. P{ease consider not approving this permit. . � � � �JCT-�6-1997 lc 13 N i c F < Z s V W 6 � � V ° c� � t QM m � y C Q N O W I� Y S. � P Y o �pn F Y A 1 w � E O j Y O 4 6 � � � � 'g _ y ¢ 1 4 A . c i �=ITIZ=N ScRVi��� 7�=ICe u r u � ou i • O� � � 6 .2y J � 6 N 3 > W � V � � � r � Y p >� K P� 2 O W N Y W K� S Y�C � N r� W � 6 �z a Ni LI i S � +� W � J 5 u � � � � u � � � LL: � � S OC (1 V. S '.�K `- 9 W y W ux N W V W_ N Y W 1' W Y�.� OC��r�y.N} o � .�iy�jn V � y ✓ GY� � Ni6 NZ Y� 4ip {Y�NrH „ 1q - ��3' W .. tf w� Y W w w N U y w u JY V U �NI $ --�Wis v VJ ���ii' 4W 21�1Y41���Q� W � �4•n��C 0 Y S S.. N�� W� W W 2¢ w l+tiF�JO� u3SOC46� S : K • 1 X r z L �. 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PRQSPEAlTY• � O O F- O :� }- NEIGHTS O O O O¢ Q � O � cn "-- � � - - j -.-� _._ " r"�tY�_ , � . � , � � � :} / O n Q p _ � �� � � . fi`�� ,`9y ` � �� C, O � O_ � � � y ,> � G � • � � " s rJ ____ O : � p � O �� � i � � � � � `_'----------7 � � � � , � � O � � �" �' � . / Q� � i3'� , .hx� _ �z o �, �, o ( � �, - o ; � � � � j-,., �, . � i �� o � w° °�-� ° �� v � ����—�-� a � — i�- t � . _ . . . � � o =— _ o o�.,� ° I "� �- - - - - PPLICANT ���� �"" �� LEGEND f.bt1GON#�oy�M��o 11SE �tW+� ��l��iM+� zoning district houndary JRPOSE _� �\ _E # _!�' � 7 ��TE � ' �'� � � subject property �"' orth'� NG. DIST. y MAP # e o one family •• � commercial � � iwo family ♦ � � industriaf ALE 1" = 400' '� multiple family V vacant .�,4.,�.,,.�., �'Q ,._ Council File # � ORIGINAI. Presented By Referred To Committee: Date 2 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 WI�REAS, Mary Lou Law, pursuant to Saint Paul Legisiative Code § 64.300(a)(2), applied for a non-conforming use permit governed pursuant to the provisions of Saint Paul Legislative Code § 62.102, for the purpose of establishing a duplex as a legal non-conforming use at the property commonly known as 1354 Birniingham Street, said property being legally described as: subj to st; ex S 5 ft; N 67 ft& W 165 ft of Lot 13, Block 6; Rogers and Hendricks Aere Lots No. 2, Saint Paul, Ramsey County, Minnesota; and WHEREAS, the Zoning Committee of the Saint Paul Plamiing Commission conducted a pub]ic hearing on the application on October 30, 1997, at which all persons present were given an opportunity to be heard pursuant to said application in accordance with requirements of Saint Paul Legislative Code § 64.300; and WHBREAS, the Saint Paul Plamung Commission, based upon the evidence presented to its Zoning Committee at the said public hearing, as substantially reflected in the minutes thereof, made the following fmdings of fact: The s1ructure is currently used as a duplex. It is located on the western half of the lot, which is zoned A-3. The garage is located on the eastern part of the lot, which is zoned RT-1. 2. The area and frontage of the lot (67 feet (Winchell) x 270.7 feet x 121 feet (Birmingham) = 27,047 square feet) exceed the minimum standards for a duplex under the Schedule of Regulations of the Zoning Code (6,000 sq. ft. azea and 50 feet frontage). 3. The Plauving Commission may grant a non-confornung use permit when there is conformance with code requirements: a. The use occurs entirely within an eaisting structure. This condition is met. The two units are entirely within the main structure. Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNES07A �s b. The use is similar to other uses permitted within the district. This condition is met. The duplex use is snnilaz to the single family uses to the west and the single fanuly and duplex uses to the east. If the structure were located on the eastem half of the lot, it would be in conformance with the zoning code requirements for 2- family residential. � 0$55 9� ��y 2 c. The use has been in esistence continuously for a period of at 3 least ten years prior to the date of the application. This 4 condition is met. The applicant has submitted lease agreements S dating back to June, 1983. Other leases were signed in 1486, 1987, 6 1988, 1989, 1991, 1994, 1995, and 1996. City directories for these 7 years do not list two households at this address. 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 d. The off-street parlung is adequate to serve the use. This condition is met. There is a 2-car on the lot as well as a blacktop pazking pad off the dtiveway from Birnvugham that will accommodate at least 1 car. The zoning code requires three spaces for new construcrion. e. Hardship would result if the use were discontinued. This condition is met. The applicant has submitted figures showing that the total rental income from the properiy is currently insufficient to cover expenses, and that the shortage would be worse if the structure were converted to only one unit. The first floor unit rents far $700 per month, while the upstairs rents for $450, for a total income of $1,150. Monthly expenses, including mortgage payment, tases, utilities, insurance and maintenance, total $1433.15. f. Rezoning the property would result in "spot" zoning or a zoning inappropriate to surrounding land uses. This condition is met. Rezoning would result in the RT-1 district extending beyond the back lot lines between Winchell and Biruiingham into the R-3 district along Birmingham. g. The nse will not be detrimental to the existing character of development in the immediate neighborhood or endanger the public health, safety, or general welfare. This condition is met. The existing neighborhood character includes both single family and duplex dwellings. h. The use is consistent with the comprehensive plan. This condifion is met. The Housing Policy Plan recommends decreasing density in areas where residential density is too �eat. The size of the lot is such that this area is not overly dense. The plan also calls for exploring the feasibiliiy of code compliance inspections to duplex rental units. I. A notarized petition of 2!3 of the property owners within one hundred feet has been submitted stating their support for the use. This condition is met. The applicant has submitted a petition. Nineteen pxoperties are eligible; thirteen signatures are needed. Applicant's petition has thirteen signatures. 2 98-i�y 2 4. In addition to the zoning code requirements, the Planning Commission 3 approved guidelines for nonconfonning use pernuts for duplexes in 4 residential districts. These guidelines call for staff recommendation of 5 denial unless all of the following conditions aze met: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 A. Lot size of at least 5,000 square feet with a lot width or front footage of 40 feet. ApplicanY s lot has 121 feet of frontage on Binningham (front yazd) and 67 feet of frontage on VJinchell and a lot azea of 27,047 square feet, meetiug this guideline. B. Gross living area, after completion of duplex conversion, of at least 1,8U0 sqnare feet for the two nnits. This guideline is not met. According to the applicanY s floor plans, the azea of the first floor unit is 1,222.5 square feet; the area of the second floor unit is 479 square feet. The total is 1,701.5 square feet, or 98.5 squaze feet short of the requirement. If the units were certified as code compliant, concerns about overcrowding would be addressed. C. Three off-street parking spaces (non-stacked) are preferred; two spaces are the required minimum. A site plan showing improved (durable, permanent, dustless surface) parking spaces must be provided. This guideline is met. applicant submitted a site drawing (not to scale) for the rezoning request that shows a 2-car garage and two bituminous parking pads. D. All remodeling work for the dupleg conversion is on the inside of the structure. This guideline is met. The structure is currently a duplex, no remodeling work is needed to complete a conversion. E. The proposed duplex structure is located in a miaed density neighborhood, not a homogeneous single-family area or in an area where duplexes and tripleaes are already concentrated to the point of congesting neighborhood streets. This guideline is met. The neighborhood is mixed density and not overly congested. F. A code compliance inspection has been conducted and the unit is found to be up to the housing code standards; or the property owner has agreed to make the necessary improvements to bring it to housing code compliance. This guideline is not met. No inspection has been made by the Health Department. Fire and Safety Services (which inspects shuctures with three or more units) verified the e�stence of a basement unit whereupon the applicant submitted the rezoning petition that was denied by ihe CiTy Council. Approval of legal nonconforming status should be contingent on meeting housing code requirements. 3 � 1 i� 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 r� , G. An economic feasibility analysis has been conducted for those cases where economic hardship is claimed as one reason for the variance request. This guideline is not met. The informafion provided by the applicant is insufficient to support a detenuination that complying with the Zoning Code is not feasible; and VJHEREAS, the Saint Paul Planning Commission duly resolved in Planuiug Commission Resolution File No. 97-77 dated November 7,1997, to deny the application for a Non-conformiug Use Petmit to allow the establishment of the subject duplex as a legal non- confonniug use of the property at 1354 Binningham Street based upon findings 4B, 4F, and 4G noted above; and WHEREAS, on November 21, 1997, the appellant, pursuant to Saint Paul Legislafive Code § 64.206, filed an appeal of the Saint Paul Plaruiing Comxnission decision as contained in Plamiing Commission Resolution File No. 97-77; and V1f�REAS, on December 10, 1997, a public hearing was duly conducted by the Council of the City of Saint Paul at which time the Council considered the petition, the report of staff, the record, the minutes and resolution of the Saint Paul Planning Commission as well as the testimony submitted and thereafter made the following findings with respect to the appeal of Mary Lou Law: Based upon all the evidence submitted, there are no enors in any fact, procedure, or finding on the part of the Planning Commission in this matter. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Saint Paul, that the appeal by Mary Lou Law of the decision of the Saint Paul Planning Commission denying her application for a non-conforming use pernut for the properiy commonly laiown as 1354 Birminghaan Street, St. Paul, Ramsey County, Minnesota, as contained in Planning Commission Resolution No. 97-77, dated November 7, 1997, is in all things denied; and L! � 2 3 4 5 6 7 8 9 10 98-�7y BE IT FURTI�R RESOLVED, that based upon the decision of the City Council finding no enor in fact, finding, or procedure on the part of the Saint Paul Planning Commission, that the findings in the aforesaid Planning Commission resolution are hereby adopted and incorporated herein by reference as the findings of the Saint Paui City Councii; and BE IT FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to Mary Lou Law, the Saint Paul Planning Commission, and the Saint Paul Zoning Administratar. ORIGINAL Requested by Department of: Certified by Council Secretary By: _�_ Approved by By: Form Appro by City Attorney BY: �, ��� Approved by Mayox for Submission to Council ey: Adopted by Council: Date �q�c�n \\ `�CI`C�� 98 �7v Council DAh �NRa7E0 March 3, 1948 GREEN SHEET No 60855 ov,u,�r o�ara� March 11, 1998 xuwsae wrt noururo TOTAL # OF SIGNATURE PAGES ❑ arv�noufv ❑ arvmK ❑ rwxcuo.seavicrsun ❑ wuxcu�a ❑ Wl'dtWMYi�TAM) � (CLIP ALL LOCATIONS FOR SIGNATURE) Finalizing City Council action taken December 10, 1997 denying the appeal of Mary Lou Law to a decision of the Planning Commission denying a non-conforming use permit to establish that a duplex is a legal non-conforming use of property at 1354 Birmingham Avenue. PIANP7ING CAMMiS410N CIB COMMITfEE GVIL SERVICE CAMMISSION 1��I4 7 Has this pe�soMirm eu� w�etl uMer a coriUact Tor fhie depertmeni? vES nro Hes tMe ve�✓firm a,er teen a city empwyee9 YES NO Dces ihis PeisoMim G� a slall Iwt �alma��YP� by anY anent city emGloYee? YES NO Is Mis PerswJfirtn a tergHetl vendoYT YF9 NO OF TRANBACT{ON SOURCE COSTIREVENUE BU06ETED (CIRCLE ON67 ACTNITY NUMBEF[ � i^'�'f�'�f�] �iB-r7� OFFICE OF THE CITY ATTORNEY PegBirlr, CiryAnorney CITY OF 5AINT PAUL Norm Colemax, Mayor Civi1 Division 400 Ciry H¢!! IS �estKelloggBlvd Sain1 Paut Mbmesola SSIO2 Zelephone: 612 266E710 Fac.rimile: 612 298-5619 March 3, 1998 Nancy Anderson Assistant Secretary Saint Paul City Council Room 310 Saint Paul City Hall RE: Appeal of Mary Lou Law, Zoning Resolurion No. 97-77, Public Hearing Date December 10, 1997. Deaz Ms. Anderson, Attached please find the signed as to form original of a council resolurion memorializing the decision of the Saint Paul City Council in the above entitled matter. Please place this matter on the consent agenda at your earliest convenience. Very truly yours, ���� Peter W. Warner 9�- ��� CITY OF SAIN'f PAUL Norm Coleman, Mayor November 24, 1997 Ms. Nancy Anderson City Councii Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: DEPARTMETIT OF PLANNING � & ECONOMIC DEVELOPMENT Pamela Y�heelock, Direcior , 25R'estFourthStreet Telephone:612-266-66�5 SaintPaul,MN55702 Facsimile:612-228-3261 C�?s:# Atr�af�s! �ti� fi•�=; V 2 = i�37 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday December 10, 1997, for the following appeal of a Planning Commission decision denying a nonconforming use permit: Appellant: IvIARY LOU LAW File Number: #97-304 Purpose: Appeal a Planning Commission decision denying a nonconforming use permit to establish that a duplex is a legal nonconforming use of properiy Address: 1354 Birmingham Ave. Legal Description of Property: subject to street; except South 5 feet; North 67 feet and West 165 feet of Lot 13, Block 6; Rogers and Hendricks Acre Lots No. 2 Previous Action: Planning Commission Recommendation: Denial; vote: Unanimous, November 7, 1997 Zoning Committee Recommendation: Denial; vote: 5-0, Octobet 30, 1997 My understanding is that this public heazing request will appear on the agenda for the December 10, 1997 City Council meeting and that you will publish any required notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6639 if you have any quesfions. -�i � �,;�., � Patricla James City Planner xoxic� oF roarac �annvG - - Cc: Fi10 #97-3�4 The Saint Paul CiTy Covncil wil9 conduct a public heazing on Wednesday, December Mi1C0 KI'a0m0r 10. 1897, at 4:30 p.m. in the City Councii Chambers, Third Floor, City Hall-COUrt-HOUSe, to consider the appeal of Mary Lou Law to a decision of the Planning Commission denying Donna SandeCS a non-conforming use pemilt to establish that a duples is a legal non-rnnforming use of property at 1354 BiYmingham Avenue. Dated: November 24, 1997 NANCY ANDERSON - . - " - Assistant City Council Secreta�y , ' � - � (Novembei' 26. 1997) DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT � � CITY OF SAINT PAUL Norm Coteman, Maynr November 24, 1997 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 Division of P/mmrng 25 West Fourth Stree[ Saint Paui, MN 55702 �8-I � �- TeZepiwne: 6I2-266-6565 Facsimi(e: 6I2-228-3314 RE: Zoning Fi(e #97-304: MARY LOU LAW City Council Hearing: December 10, 1997 430 p.m. City Council Chambers PURPOSE: Appeal a planning commission decision denying a nonconforming use permit establishing that a duplex is a legal nonconforming use of property. - PLANNING COMMISSION ACTION: DENIAL IInanimous ZONING COMMITTEE RECOMMENDATION: DENIAL 5-0 • STAFF RECOMMENAATION: DENIAL. SUPPORT: The app]icant was present and spoke. OPPOSITION: No one spoke in opposition. Two letters were received. Council voted to oppose the nonconforming use permit. Dear Ms. Anderson: The District 2 Community MARY LOU LAW has appealed the decision of the Saint Paui Planning Commission to deny a nonconforming use permit to establish a duplex as a legal nonconforming use of property located at 1354 Birzningham Street. The Zoning Committee of the Saint Paul Planning Commission held a public hearing on the request on October 30, 1997. The applicant addressed the committee. At the close of the public hearing the committee voted 5-0 to recommend denial of the permit. The Planning Commission upheld the Zoning Committee's recommendation for derrial on a unanimous vote on November 7, 1997. This appeal is scheduled to be heard by the City Council on December 10, 1997. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. Sin iy, _ <\�� Patricia N. James C3ty Planner • Attachments cc: City Council members m APPUCAT(ON FOR APPEAI. . `�) Department of Planning and Economic Development �� Zonine Section — - - - IZ00 City Hall Annex 23 West Fourth Street Saint Paul, MN 55102 166-6589 APPELLANT � Name Mary Lou i.aw Add�ess 2050 Pathwavs DrivP City St. Paul St.MNZip55119 Daytimephone 776-9b38 PROPERTY LOCATION TYPE OF APPEAL: Application is hereby made for an appeal to the: C' Board of Zoning Appeals L�1 City Council • under the provisions of Chapter 64, Section 206 , Paragraph a of the Zoning Code, to appeal a decision made by the Saint Paul Planning Commission on November 7 , 19 47 , File number: 97-244 (date of decision) Zoning File Name Mary Lou Law Address/Location 1354 Birmingham St. GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Commission. 5ee Attached. . l Atfach addrtional sheet if necessary) Applicant's Dennis K.�ICispert Attorney for Applicant Date/�o;,�_ 2/ 1�� TCity agent. ��' �8-t�� q�'-r�� � GROUNDS FOlt APPEAL: The Saint Paul Planning Commission made errors in facts, requirements and findings in denying the i3onconforming Use permit to establish a duplex as a permitted nonconforming use of the property at 1354 Birmingham St. in Saint Paul. 1. Findinq 4B is in error. The Commission failed to consider the square footage of the basement area as part of the total square footage of the duplex. This would increase the square footage well beyond the 18�0 sq. ft. requirement for a duplex. 2. Finding 4F is in error. Appelant attempted on numerous occasions to schedule a compliance inspection on the property both before and since the planning commission hearinq. She was informed by Fire and 5afety Services that because the building had less than three units, Fire and Safety has no jurisdiction to do an inspection. The health department was contacted to schedule an inspection. To date, they have refused to schedule an inspection. Appelant is presently contracting for an independent compliance inspection of the groperty. Appelant previously agreed, on the record, at the planning commission hearing to make all neoessary improvements, if any, to bring the dwelling into code compliance. The staff report • indicates that approval of the nonconforminq use should be contingent on meeting the code requirements, acknowledging that a commitment by the property owner to make the necessary improvements is sufficient to meet the inspection requirement. 3. Finding 4G is in error. The Commission erred in finding that this guideline has not been meet. The staff reports found that an economic hardship exists at this property. Staff found that there is currently insufficient income to aover the expenses of the property and that the shortfall would be worse if the structure were converted to a single unit. Staff Findinq 3e Additionally, there would be significant additional expenses incurred in converting the property to a single unit. Costs which would need to be financed by the owner, thereby increasing the shortfall and the economic hardship after any conversion. Finally, the staff report found that guideline 4G had been met. Staff Report Findin� 4G. , DEPARTMENT OF PLANNING & £CONOMIC DEVELOP,UfENT � ' CITY OF SAINT PAUL Norrn Coleman, Mayar r.w. November 7, 1997 Ms. Mary Lou Law 2050 Pathways Drive Saint Paul, MN 55119 Divisiors ofPlarmirsg 25 Wett Fourth Street Saint Pau(, MN55102 9�-�°�� Telephone: 612-266-6565 Facsimile; 6I2-22&3314 RE: Nonconforming Use Permit to establish that a duplex is a legal nonconforming use of the properly at 1354 Birmingham Street Zoning File #97-244 I?ear Ms. L.aw: The Saint Paul Planning Commission voted on November 7, 1997, to deny your request for a nonoon£orming use permit to allow you to continue to use the property at 1354 Birmingham Street as a � duplex. Enclosed is the Planning Commission's resolution stating its findings. You may appeal the decision of the Pianning Commission to the City Council by filing an application and fee for appeal within fifteen days of the date of this letter. An appeal should be based on what you believe to be an error in any fact, finding, or procedure of the P(anning Commission. Enclosed is an appeal application. Please call me at 266-6639 if you have questions or if I can be of further assistance to you. " �/,� /7�' � _ �. '•- Patricia James City Planner Enclosures cc: File #97-244 Zoning Administrator License Inspector District 2 Community Council ' Mail Date: November 7,1997 �r�--t � � � city of saint paui planning commission resolution file number 97-?� �te Novemi�er 7, 1997 WFIEREAS, MARY LOU LAW, file #97-244, has applied for a Nonconforming Use Permit under the provisions of Section 62102 of the Saint Paul Legislafive Code, for the purpose of a Nonconforming use permit to establish that a duplex is a legal nonconforming use of the property, on property located at 1354 BIRMINGHAM ST., legally described as subj to st; ex S 5 ft; N 67 ft& W 165 ft of Lot 13, Block 6; Rogers and Hendricks Acre Lots No. 2; and VIHEREAS, the Zoning Commitiee of the Plazming Commission on 10130/97, held a public heazing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of Section 64300 of the Saint Paul Legislative Code; and WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public heazing as substantially reflected in the minutes, made the following findings of fact: • 1. The structure is currently used as a duplex. It is located on the western half of the lot, which is zoned R-3. The garage is located on the eastern part of the 1ot, which is zoned RT-1. 2. The area and frontage of the lot (67 feet (Winchell)x 270.7 feet x 12l feet {Bnmingham) = 27,047 squaze feet) exceed the mnumum standards for a duplex under the Schedule of Regulations of the Zoning Code (6,060 sq. ft. area and 50 feet frontage). 3. The Planning Commission may grant a non-conforming use permit when there is conforxnance with code requirements: a. The use occurs entirely within an existing structure. This condition is met. The two units are entirely within the main shucture. b. The use is similar to other uses permitted within the district. This condition is met. The duplex residential use is similaz to the single family uses to the west and the single family and duplex uses to the east. If the structure were located on the eastem half of the lot, it would be in confarmance with the zoning code requirements far 2-family residential. moved by �'ield seconded by in favor U�i�� against 9�-r�� � c. Tlze use has been in ezistence confinuously for n period of at least ten years prior to ilse date oft{:e applicafion. This condition is met. The applicant has submitted lease agreements dating back to June, 1483. Other leases were signed in 1986, 1987, 1988, 1989, 1991, 1994, 1995, and 1996. City directories for these yeazs do not list two households atthis address. d. The off-street parking is adequate to serve the use. This condition is met. There is a 2-caz gazage on the lot as weli as a blacktop pazking pad off the driveway from Birmingham that will accommodate at least 1 caz. The zoning code requires three spaces for new construction. e. Hards{zip would result if tlae use were discontinued. This condition is met. The appiicant has submitted figures showing that the total rental income from the property is currently insufficient to cover expenses, and that the shortage would be worse if the structure were converted to only one unit. The first floor unit rents for $700 per month, while the upstairs rents for $450, for a total income of $1150. Monthly expenses, including mortgage payment, taxes, utilities, insurance, and maintenance, total $1433.15. ,f. Rezoning the prnperfy would result in "spot' zoning or a zoning inappropriate to surrounding land uses. This condition is met. Rezoning would result in the RT-1 district extending beyond the back lot lines between Winchell and Birmingham into the R-3 • district along Birnungham. g. 7&e use wiU not be detrimental to the e.xisting character of development zn the immediafe neighborhood or endanger the public heallh, safety, or general welfare. This conditian is met. The existing neighborhood chazacter includes both single fanuly and duplex dwellings. h. The use is consistent with the compre{zensive plan. This condition is met. The Housing Policy Plan recommends decreasing density in areas where resi@ential density is too great. The size of the lot is such that this azea is not overly dense. The plan also calls for exploring the feasibility of code compliance inspections to duplex rental units. Z. A notarized petition of 2t3 of the property owners within one Izundred feet has been submitted stating their support for tl:e use. This condition is met. The applicant has submitted a petition. Nineteen properties are eligibie; thirteen signatures are needed. ApplicanYs petition has thirteen signatutes. . 4. In addition to the zoning code requirements, the Planning Commission approved guidelines for nonconforming use permits for duplexes in residential disiricts. These guidelines call for staff recommendation of denial unless all of the following conditions aze met: � A. Lot size of at least 5,000 square feet with a lot width or fronf footage of 40 fee� ApplicanYs lot has 121 feet of &ontage on Birmingham (front yazd) and 67 feet of ��-��� � frontage on Wincheil and a lot azea of 27,047 square feet, meeting this guideline. B. Gross [iving area, after completion of duplex conversion, of at leasf I,800 square feet for the 2wo units. This guideline is not met. According to the applicant's floor plans, the area of the first floor unit is 1,222.5 squaze feet; the area of the second floor unit is 479 squaze feet. The total is 1,701.5 square feet, or 98.5 squaze feet short of the requirement, If the units were certified as code compliant, concems about overcrowding wouid be addressed. C. Three off-street parking spaces (non-siacked) are preferred; two spaces are the required minimum. A site plan sfzowing improved (durable, permanent, dustless surface) parking spaces must be provided. This guideline is met. Applicant submitted a site drawing (not to scale) for the rezoning request that shows a 2-caz garage and two bituminous pazking pads. D. All remodeling work for tfie �iuplex conversion is on the inside of the structure... This guideline is met. The structure is currently a duplex, no remodeling work is needed to complete a conversion. E. T'he proposed dup[ex structure is located in a mixed density neighborhood, not a hotnogeneous singte famity area or in an area where duplexes and triple.zes are atready concentrated to the point of congesting neighborhood streeu. This guideline is � met. The neighborhood is mixed density and not overly congested. .F: A cade compliance inspection has been conducted and the unit is found to be up to the housing code standards; or the property owner has agreed to make the necessary improvements to bring it to housing code comptiance. This guideline is not met. No insgection has been made by the Health Department. Fire and Safety Services (which inspects structures with three or more units) verified the existence of a basement unit whereupon the applicant submitted the rezoning petition that was denied by the City Council. Approval of legal nonconforming status should be contingent on meeting housing code requirements. G. An economic feasibility analysis has been conducled for those cases where economic hardship is claimed as one reason for the variance reyuest This guideline is not met. The information provided by the applicant is insu�cient to support a determination that compiying with the Zoning Code is not feasible. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commissian, that under the authority of the City's Legislative Code, the application for a Nonconfornung Use Fernut to allow Nonconformine use permit to establish that a duplex is a legal nonconforming use of the property at 1354 BII2,�r1INGHAM ST is hereby denied, based on findings 4B. 4F, and 4G. 9� f 7� � Saint Paul Planning Commission City I�Iall Conference Center 15 Kellogg Boulevard West A meeting of the Planning Commission of the City of Saint Paul was held Friday, November 7, 1997, at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Duarte, Engh, Faricy, Maddox, Nordin, Treichel, and Wencl, and Present: Messrs. Field Jr., Kramer, McDonell, Nowlsn, Vaught and Wilson. Commissioners Ms. *Geisser and Messrs. *Chavez, Gordon, Gumey, *Johnson, *Kong, *Mazdell, and *Sharpe. Absent: *Excused Also Present: Ken Ford, Planning Administrator; Jean Birkholz, Roger Ryan, and Larry Soderhotm, Department of Planning and Economic Development staff. I. Approval of Minutes of October 10 and October 24,1997 ! MOTION: Commissioner Kranzer movect to approve the minutes of October IO and 24, I997; Commissioner Nordin secon�fed tlze motion which carried unanimously on a voice vote. II. Chair's Announcements Chair McDonell announced that Commissioner Maddox has resigned from the Planning Commission. Her resignation �vill be effective when the Mayor replaces her. The Steering Committee met today before the Planning Commission meeting. They reviewed the 1998 meeting calendar, A copy of it wiil be sent in the nexY mailing. Chair McDonell announced that he will be leaving at 4 a.m. at which time Commissioner Vaught will take over as Chair. ITI. Planning Administrator`s Announcements Mr. Ford announced that PED staff that participated and the members of the leadership team who were there were most appreciative of the workshop last Friday, and felt that it was very valuable communication. They �vere very impressed with the Commission members' engagement, and grateful for your willingness to take part in it. Mr. Ford announced that at 1 p.m. on Thursday, November 13, there is a presentation on the Learning From Series that Minneapolis City Planning is sponsoring. IYs at the Library on Nicollet Mall in downtown Minneapolis. The forum is on some ofthe particularly successful experience in the country in building highly economically integrated new housing in intercities. ��-1 �� • The Comprehensive Planning and Land ilse Committee will meet at 4 p.m. in the aftemoon of Wednesday, November 12, 1997, Gvhere there wil( be further discussion of the CAAPB Comprehensive Plan. IV. Zon'sng Committee #97-207 Mendota Homes - Special condition use permit to allow a 10 unit cluster development at the southwesf quadrant of Lexina on and 5t_ Claic (Beth Bartz, South���est team) Commissioner Field stated that the zoning cammittee and land use committee of the Summit HiII Association had recommended deniai. No one spoke in support. After extensive testimony from the neighborhood and discussion with the applicant, the Zoning Committee agreed, and on a vote of 6- 0 laid the matter over hoping to bring the neighborhood and the developer together to try to find appropriate compromises to some of the issues involved in the project. #97-244 Mary Lou LaFV - Nonconforming use permit to establish a duplex as a legal nonconforming use of the property at 1354 Birmingham Street. (Patricia James, Northeast team) Commissioner Field explained that previously the Zoning Committee had denied a request to make this a triplex. Additionally, the City Council denied the applicanPs request, Based upon these facts, among other things, the gross living area afrer completion of the duplex was under the prescribed number of square feet. In addition, code compliance inspections had not been made. • MOTION: Commissioner Fie1r1 n:ovec! clenirr! of a requeslecl nonconforming use permit to establislt a �Luplex as a legal nonconforming iise of the property at 1354 BirnzingJaana Street which carried unanrmousty on a voice vote. #9�-257 Java Drive Inc - Enlargement of a nonconforming use to allow a coffee kiosk on this site with an existing nonconforming auto specialty store at iQ94 Randoiph Avenue. (Jim Zdon, Southwest team) Commissioner Field stated that in approximately 1945-46, a Java Dtive Irtc �vas approved at the intersection of approximately Snelling and West Seventh Street. It is the applicant's intention to move that facility to 1094 Randolph Avenue. He added that staff provided some interesting traffic flow information at that intersection. The Highiand Area Community Council did not take a position. No one spoke in support or opposition. MOTION: Commissioner Field moved denfal of the requested entargement af n noncnnforming use to allow n coffee kiosk nt I094 Randolph Avenue. A concern expressed at the Zoning Committee was regarding this methodology and was it the appropriate way to facilitate the placement of this facility at that corner. There �vas less a concern about whether it would he an appropriate use to have there. 2 q� i7� • Commissioner Vaught noted that he had two concems: 1) traffic flow; and 2) accident data. Specifically, he was looking for was some way to compare this location wiih the other hvo locations: I) Marshall and Snelling; and 2) tiVest Seventh near Snelling Hill. He noted that Mr. Ryan did a very good job of putting together those statistics which convinced him that this location is nat materially different from the other t4vo locations in terms of the flow of traffic pattern or accident data_ If anything, ihe data put this location in the middie of the ot0er rivo. So his concems were put to rest, The question that he had led him to make the motion to deny was the wording ofthe code with respect to expansion of a nonconforming use. He reads the code that when you talk about expansion of a nonconforming use, you are talking about the existin� use on the Iot you are expanding. He found it difficult to understand how a coffee kiosk could be an expansion of an auto specia(ty store. Since then, he has thought about it and althou�h he nould prefer that be considered a change in noncooforming use from an auto specialty store to an auto specialty store and a coffee kiosk, he can't see that it makes a lot of difference. He does not think that the code addresses this situation perfectly. He went on to say that he thinks this is a good use; it provides a service. Upon reading and re- readinQ the code, he can caff this an expansion of a nonconforming use, although just barely. MOTION: Comn:issione� [jauglrt moved, ns r� substitute motion, to approve tlre request fvr an enlargement of n nonconjnrn:ing use to allow a coffee kiosk on tlris site witk an exisiing nonconforming auto specinity store af 1 D94 Randolph; ilse motion was secon�led by Commissioner Mnddox. � CommissionerField stated that he had come prepared to vote in opposition to this in accordance with the staff recommendation untit he saw Mr. Ryan's data. Having seen ihat data, he could convince himself that this is not goino to create an overwhelming hazard. Tlze motion of the substitute motion carried unanimously on a voice vote. Mr. Ford clarified the information. The staff recommendation was for denial. Staff does not think that the change in nonconforming use was intended to cover this situation, and staff thinks that it's appropriate that it doesa't. Commissioner Treichel asked for a ctarification on the reason for denial. Mr. Ryan stated that the reason for denial was the traffic situation, not the procedures. Commissioner Vaught interjected that is why he speciftcally asked for the traffic and accident data. On the basis of that data, he is able to conctude that there is essentially no difference between this location and the location of Marshali and 5nellin�. If anything, this use is less intense. Commissioner Field clarified, that he believed, at the time af the Zoning Committee vote, there �vas a great deal of discussion as to the procedure as opposed to the traffic flow as the purpose and reason for denial. ��-i�� • Commissioner Vaught stated that it is clear to him that Commissioner Gordon's vote to deny Gvas based on the traffic situation. The motian on the floor 10 npprove ihe enlargemeni of a nonconforming use to allow a caf,f'ee kiosk on tlris site with an existine nonconforming auto specialty stare ai I Q94 Randolpli Avenue ca�ried ununimously on a voice vote. #97-258 IIS West Communications - Special condition use perrnit to allow a 90' cellular telephone antenna at 426 Fairvie�v Avenue North. (Nancy Homans, Northwest team) Commissioner Field reported that this item was laid over until November 13, 7997. #97-259 US West Communications - Special condition use permit to allo�v a 90' cellular telephone antenna at 1b69 Arcade Street. (Patriciz James, Northeast team) Commissioner Field stated that this item was also laid over until November 13, 1497. He read the agenda for the next Zoning Committee meeting, Thursday, November 13. Commissioner Treichel asked what the slope of Ramsey Hill is. Mr. Soderholm responded that it is 1 I per cent. V, Comprehensive Planning and Economic Development Committee Commissioner Maddox announced an upcoming meeting with Neighborhood Planning and � Land Use Committee next Wednesday, November I2, at A p.m., in the 14th floor Conference Room in the City Hall Annex. VL 1�Teighborhood Planning and Land Use Committee Commissioner Treichel announced the next meeting, Monday, November 17, at 3:30 p.m. in the 14th floor Conference Room in the City Hali Annex. VII. Communicafions Committee No report. �TIII. Task Force Reports Commissioner Treichel announced that the Housing Task Force wilt begin to have focus meetings on Tuesday mornings beginning November 18 and continuin$ through December 4, 1991, from 8-930 a.m. People �vilt be speaking on specific issues of housing; affordable housing being the topic on the I Sth. She invited Commissioners to attend. Chair McDonell left the meeting. Commissioner Vaught took over as Chair. 0 ��' i7� � �. oia Bus;n�s Cammissioner Treichel, on behalf of Cammissioner Gordon and herself, said that they appreciated the good attendance at the Planning Commissioner workshop last Friday. Commissioner Treichel commented that in the future the Commission should take more initiative to invite the people the Commission needs to communicate with about issues. Mr. Ford said that a few staff people met shortly after the �vorkshop last Friday to discuss what needed to be done tight away to be sure that some of the issues broueht up at the workshop were followed through on. Three sug�estions were brought to the Steerin� Committee this morning: Conan:issioner Review of Neighborhood Planning. As you have seen from the presentations, a good deal of the p(anning and development work underway in neighborhoods is not taking ptace with the formal "small area plan" designation which would prescribe a clear role for the Commission. This is creating a communication gap. Ft is important that the Commission have an opportunity to idantify issues of importance from its policy perspective ear(y on, and an effort on the pad of PED to keep the Commission up to date on the neighborhood efforts should help to make that possible. 2. Establish an Appropriate Certifrcation Framework for Neighborhood Plans. It's obvious that the relationship of neighborhood plans to the City Plan is a significant issue. It's an issue that is difficult to resolve Gvhen we do not have the means to keep aIl neighborhood- level plans up-to-date. Several ideas have been suggested, and some models are available M from other cities. We are proceeding to work out and describe the most promising alternatives and will bring these to the Commission for discussion. 3, Quadrant Liaison. The Commission has already made a decision to identify members for liaison roles 4vith each of the four quadrants within which PED organizes its work. We support this idea. Exactly how the liaison role might evolve we're not su�e, but we believe it �vould be useful naw for each of the quadrants to knoGV that they have one Commissioner willing to be a contact point and keep informed about what is going on in their portion of Saint Paul. Commissioner Treichel noted that there's a point of tension between neighborhood plans (District Plans and SAPs) and the Comprehensive Plan. In the process of doing SAPs over a number of years it became c(ear that we needed an overarching structure (Land Use Plan) into which each one of the SAPs would fit. Now the Comp Plan update is mandated by the State. Neighborhoods are looking at us suspecting that this may minimize the neighborhood plans. Another concem is that in previous years the small area plans were done with PED staff guidance; more and more now, small area plans are being done independently. So, we Iose the ongoing liaison with neighborhoods that we used to have which creates another point of tension. Mr. Soderholm noted that staff is working on models for solutions. He stated that at the last Nelghborhood Planning and Land Ilse Committee meeting, Commissioner Kramer suggested that we try to abstract from existing district and small area plaas one or two pages of land use policy that could be added to the back of the Land Use Plan as appendices so that we would 9�-��� • have a way to keep poiicy for each part of the City clear and knosv whaPs in the Comp Plan and �vhaYs not in the Comp P1an. We should have some dialogue with each neighborhood about their appendix. Commissioner Nowlin suggested that we try to designate �vhich plans should be in the Comp Plan and Gvhich ones should just be guidelines, and would not have the legal force of the Comp Plan. Ken Ford suggested that we reatly need to ]ook at models used in other cities. Mr. Soderholm continued to say that the goals for the new modei should: account for existing adopted plans in some �vay; account for the kind of neighborhood plannin� we see being done in the future, which �vill include more of the independent plans; be clear legaliy; and be administratively realistic about what can be accomplished. Commissioner Engh asked who is the principle audience for the Comp Plan? Who are we �vriting it for---developers, neighborhood groups, or the general citizenry? Mr. Ford responded by saying that iPs an important question; one that staff asks itself often. He replied that the answer is all of the above, if it's going to do its job. The Comprehensive Plan is not just an operational plan for City government. If it does its job, it provides a vision and a focus that affects a whole lot of actors in the City-- in the private sector, nonprofit sector, public sector, and a iot of organizations. It's a very broad audience and if it doesn't Gvork for bureaucrats, the directors of departments in the City who are putting budgets together for what their department is going to do, it's not going to be very well implemented. If it doesn't work for a mayor and a city council, people who have political interest but need to be able to talk about vision and direction in a clear and �vay, it's not going to do its job very effectively. � CommissionerNordin commented that she worked on the Midway Parkway Small Area Plan. It seemed to be very money oriented and time-frame oriented. At the time, she said that she wasn't aware of a City Comprehensive Plan or she would have had to consider it in working on the neighborhood p1an. She feels that the Comp Plan and neighborhood pfans are in two different worlds. Commissioner Nowlin noted that there is al�vays a tension with comprehensive p]ans and that comprehensive ptans in big cities are tough to do. Now that comprehensive plans have more power than zoning codes, they have the potential to be very strong documents. The questions is how do you want to change land development in the City? A developer can use a comp plan to force a change in, for instance, housing density, if the comp plan says we ought to have more housing density in an area. It can be a stimulant and it can have great power if people are wi(ling to put that kind of power into a comp plan. He stated that it is really the Planning Commission's opportunity to make a statement about what we think makes sense for the overall City. He continued to say that from what the Commission has heazd, the quadrants in PED are doing action oriented project development planning, bottom up, the way (ife normally works, but that PED isn't looking at the overall picture of the City. The Planning Commission has an opportunity with the Comprehensive Plan to make its statement about vazious areas of the City, vazious corridors, various needs, etc. IYs a coordinated statement of how �ve would like to see the City change. He added that it was great to hear what the quadrants are doing. What he finds frustrating on LJ ��-i�� • the Plannin� Commission is that it doesn't have the opportunity to speak to the quadrant people wl�at its wishes and concerns are. Is there a way the Commission can communicate its thoughts? Commissioner Treichel responded that in discussion earlier this morning, the Commission talked about having on-going presentations by the four quadrants throu�hout the year, at which time the Commission can ask our questions and make su� estions. In addition, she noted that Commissioners, possibly rivo, would become the liaisons to each one of the four quadrants. This structure �vould provided an on-going dialogue and a vehicle for the Commission to express itself more fully. Mr. Ford underscored what Commissioner Nowlin said and is requesting. He pointed out that a couple of years ago Mayor Coleman asked the Commission how he couid get more information from it. In other words, ho�v can the Commission do a better job of letting him know the things that it's concerned about and the things it sees going on in the City that he ought to be aware of? One thing that concerns staff is that where there really is effective communication going on is where the Commission has a decision to make, where there is action to take. Although communicating information is good because it sometimes generates good discussion, iYs not always c(ear that is doing anything to affect the system. There seems to be a need for something to be clear in the structure where the Planning Commission has a decision and everyone knows that something is going to have to measure up to some policies. There has to be an agreement that the Planning Commission has a clear role and a clear voice. � Commissioner Nowlin asked if any thought has been given to the idea doing capital budget improvements which combines STAR on a quadrant basis? Mr. Ford replied that he has not heard of such a discussion, but iYs an interesting idea. Commissioner Nowlin commented that there seems to be a disconnect behveen STAR and project ideas. Mr. Ford stated that Saint Pau] has had whaYs been regarded in the country as a model of what Capital Improvements Programs did for a long time, an innovative one thaYs broadty participative with our Capital Improvements Committee structure and the review of all those projects, programs by tHe Planning Commission. Perhaps iYs gotten a little stale. There's been a lot of interest in streamlining it because it probably doesn't work as well as it did because staff cannot put the kind of time and effort into processes as they used to. It's something ripe for looking at. He added that in the Minneapolis Comprehensive Plan, they are making a strong effort to ensure that there's a strong link beriveen the comprehensive plan and the capital improvement budgeting process and the operating department budgeting process. Commissioner Nordin suggested that not only the Mayor wants to be more informed, but perhaps the community also wants and needs to be more informed. She suggested having Planning Commission meetings on cable TV as City Council meetings are, and putting the Planning Commission agendas and minutes on the Internet. • ��� »� • Commissioner Nowlin suggested having a series about the Comprehensive Plan on cable TV. Commissioner Treichet asked Mr. Soderholm about the West Side Plan. To make the plan official, they do have to brin� it before the Planning Commission and the City CounciL There may be things in that plan that are not consistent with another plan. How is the Commission goino to evaluate those plans, and is the Planning Commission setting itself up for serious confrontations? Mr. Sodedtolm replied that PED staff kneGV that the p(an was 6eing done, but have not had a role in its development. He thinks there may be issues in that plan that need to be reconciled with city-wide policy. Plans that are initiated by neighborhoods without Planning Commission or PED participation are more difficult to inte�rate with city-wide policy. Commissioner Duarte asked how the priorities are set for both the Comprehensive Plan and neighborhood plans. Commissioner Treichel responded that her idea is that the priorities of the neighborhood plans need to be integrated into the Comprehensive Plan and other appropriate plans. Neighborhood plans always need to be negotiated with the Parks Plan, the Transportation Plan, regional plans, etc. It's not an easily defined list of priorities. Commissioner Engh is concerned about tryin� to keep the inte�rity of the neighborhood but have a document that gives consistent direction. She asked if part of the role of the Planning Commission is to resolve disputes? � Mr. Ford replied that resolving disputes is a critical part of the Commissiods role. He stated that was what he was getting at when he said there is something beyond sharing information that helps the Commission reach a decision; some clarity about roles. He said that the Planning Commission used to have a process in adopting district plans that included "boxed comments" where the Commission would adopt a district plan, but sometimes in that plan there would be a box around a particular recommendation and a statement that said, "The Plaaning Commission does not endorse this particular policy." It didn't resolve anything though. Commissioner Nordin thinks that the neighborhood plans are a vehicle to get their opinions and insights to the Planning Gommission. The Commission is the city-wide body that evaluates through the lens of the Comprehensive Plan. Commissioner Treichel responded that when the district plans were set up, it was her impression, that in the citizen participation process, if a district could agree on things, the pian was thought of as public policy, rather than a wish list. Mr. Soderholm stated that he thinks it's wron� to think of neighborhood planning as wish lists. In the neighborhood planning process, citizens are engaged with the City departments and other public agencies or whoever contro(s resources to try to Fvork towards something thaYs realistic and can be done. Maybe it starts otit with a wish list, but as the process continues, a realistic outcome emerges. • ��-J�� • Commissioner Treichel added that the Commission's concem is that ivith the elimination of staff, the Commission no longer has that capacity to take the wish list, to sit down with the neighborhood for a year and come up with a realistic plan. She stated that her concern is that more and more of these independent plans will come in and we wiil have serious confrontation. In the past, staff and the commissioner did a good job of negotiating a realistic plan. Commissioner Duarte feels that the Commission needs to help neighborhoods improve their plans if they don't meet the standards of the Comprehensive Plan. Commissioner Treichel added that there is also a political dimension that plays into these plans that cannot be ignored. The Planning Commission does not have the Fnal say; City Council does. X. New Business No new business. XI. Adjournment MOTION: Commissioner Treiche! moved adjournment of today's meeting; Commissioner Eng secohded tke motion w1:ic1: crrrried unanimously on a voice vote. The meeting was adjourned at 9:53 a.m. • Respectfully submitted, Ken Ford Planning Administrator Approved �/ ' �i�' � �_ (date) Carole Faricy Secretary of e lanni ommission • q� >�� MINUTES OF TAE ZONING COMMITTEE � CITY COUNCIL CHAMBERS, SAINT PAUL, MINNESOTA ON OCTOBER 30, 1997 PRESENT: Mme. Wencl; Messrs. Chavez, Field, Gordon, Kramer and Vaught of the Zoning Committee; Mr. Warner, Assistant City Attorrey; Mmes. Bartz, Homans, Sames and Sanders and Mr. Ryan of PED. ABSENT: Faricy, excused Time: 6:30 - 7:20 p.m. The meeting was chaired by Litton Field, Chairperson. MARY LOU LAW• 1354 Birminaham Street• eastside between Iw and Arling on• #97-244: NonconforminQ Use Permit. To establish that a duplex is a legal nonconforming use of the property. Patricia James, PED, Northeast Quadrant, reviewed the staff report and presented slides. Staff recommended denial of the nonconforming use permit based on findings 4B and 4F of the sCaff report. The District 2 Community Council voted in opposition of the nonconforming use permit and requested that the portion of the lot zoned RT-1 be changed to R-3. District 2 submitted a listing of complaints from the Mayor's Information and Complaint Office as we11 as documentation of three phone calls in opposition. . Three letters were received in opposition. Commissioner Vaught reviewed with staff that in 1995/1996 the property owner sought a rezoning to RT-2 to establish three units in the structure. The rezoning had been initiated at that time as a result of the Fire Department determining that it was not a proper conversion. That request was denied. Vaught asked if at that time it was a single family residence. Ms. James responded that the building had been used as a duplex, that they were converting the basement to anoCher unit, and as a result the applicant was notified that they needed to establish a non-conforming status £or the duplex. Commissioner Vaught hypothesized that presuming a code compliance inspection were conducted and that it was up to housing code; and that this particular legislaCion requires a negative staff recommendation when one of the conditions is not met; and the only condition not met was the 98.5 square foot deficiency in the total square footage; he asked whether if not for that whether the staff recommendation might be different. Ms. James responded that if there were a code inspection that said that the upstairs unit met code and that it was safe, that she might still recommend denial because of the guidelines, but wasn't certain the 100 square feet was a major drawback. Commissioner Kramer asked to review the signed petition, as it was not included with the staff zeport. Ms. James presented this for review. Commissioner Kramer asked what the law was in regards to the timeliness of the collection of signatures. Ms. James said that this must be Cimely, that • signatures would be valid for one year. 9�'-1�� � Peter Warner, Assistant City Attorney, said he was not aware that the code sets a timeline for how long signatures remain valid. He asked staf£ to address the process which is followed regarding such. Mr. Ryan responded that Ms. Law was given a deadline, which she met, for having the signatures in on time. Chair Field said he wished to see the above issue discussed as a part of future minor zoning text amendments. Ms. James reviewed that final action on the previous rezoninc request was taken on January 31, 1996. (2oning Commi[tee denial 8 to 0; Planning Commission denial 14 to 0; CiCy Council denial 7 to 0. Mary Lou Law, the applicant, spoke. Ms. Law said that she had submitted two difEerent petitions to the City over time which were both found acceptable by staff. When she converted her house into a duplex she said sne was not aware that a duplex was not allowed because other duplexes were located throughout the neighborhood. The Fire Department advised her at that time on second story exits. She noted that she rented the second story apartment first as an efficiency, then later converted it to a one bedroom unit with a dormer and was not aware it was illegal until she pursued creating a triplex by creating a third unit in her walk-out basement. Ms. Law reviewed that her mother, Mrs. Widing, who resides next door, fias acted as the landlord for the past 6 years. She reviewed that a number of improvements have been recently made including: landscaping, the stucco and . trim repainted, and new boaxds put on both the front and back porches, and the interior of the house has been completely renovated. If required to convert it back to a single family home, Ms. Law said it would be very costly, and would be an 8 bedroom home. Commissioner Kramer asked what year the house was first used as a duplex, with Ms. Law responding that the efficiency apartment was created in 1981. Commissioner Chavez referenced the Information and Complaint Office's record of complaints for the property, asking for clarification of which complaints applied to her property. Ms. Law responded that most recently when the City checked on complaints that they could not see a valid reason for the complaint. She said when problems have occurred that she has taken care of them within the required period of time. Commissioner Chavez asked Ms. Law to address the lengthy list of police ca11s for this residence. Ms. Law briefly reviewed the list. She indicated that some of the complaints pertained to tenants who were no longer living at the residence. Commissioner Gordon determined from Ms. Law that she lives aoproximately 3 miles from the property. Gordon asked whether in 1996 when she applied for the rezoning to a triplex whether she was told that it was zoned for a single family residence. Ms. Law responded that she was denied the rezoning to allow a triplex as it was zoned for single family, and triat within a very short period of time following the denial, she was notified she would need to � proceed with a nonconforming use permit for tke duplex, and that she then . 2 q� 1�� • proceeded with that. Commissioner Gordon asked Eor an explanation of the four phone calls received by District 2 Council that were in opposition and requested anonymity for fear of retaliation. Ms. Law responded that this was related to a dispute between herself and one of the neighbors, and that others were draor*m in by this neighbor, and she dismissed any intention of any retaliation. Commissioner Chavez questioned the ability within the process for layover to allow Ms. Law an opportunity to have the property inspected. Zt was determined that action could take place up to November 22, 1997, which is 60 days from the date received. Chavez asked the applicant wfiether she would be agreeable and would take care of the details in that time period. He noted the 100 square feet deficiency would need to be addressed. Ms. Law responded that she believed the drawings were off as she met a11 of the requirements the first time when she was requesting a triplex and said she would be agreeable to layover. Mr. Warner said that it would be possible for Ms. Law to make arrangements with the Fire Department in this period of time for the certificate of occupancy; further noting triat the Health Department does code compliance inspections, which are similar in naCUre to C of O with Fire. He noted that the Health Department does one and two-family dwelling units, and Fire does three-family dwelling units, but suggested that Fire would be the appropriate agency as there were comments from Barb Cummings, Fire, in the staff report. Commissioner Kramer asked what the assessed value of the property is, with � Ms. James responding that the 1997 market value at $71,800, and that the property is listed as homesteaded. Ms. Law said that it qualifies as homestead because her daughter resides in the home. Commissioner Kramer asked when the house was refinanced, with Ms. Law responding that it was refinanced approximately 8-9 months ago. Hearing no public testimony, the public hearing was closed. Commissioner Gordon moved denial oE the nonconforming use permit. Commissioner Vaught seconded the motion. Commissioner Kramer said he would support the motion for denial. He suggested that the economic feasibility analysis was incomplete and did not provide proper information to determine that the house could not be self-supporting and suggested that he believes a great demand exists on the Eastside for large houses. Commissioner Gordon accepted the above comment as criteria for denial. The motion Eor denial carried on a voice vote of 5 to 0. Commissioner Wencl was not present for the vote. Drafted by: ! �°,»�- Sa.�`'.+.o�—" Donna Sanders Recording Secretary S itted by[� A�,pmve � � Patricia James on Fiel Northeast Quadrant Chairperso � 3 9�1�� ZONING COMMITTES STAFB REPORT � ____________________�________ FIL'S # 97-244 1. APPLZCANT- MARY LOU LAW DATE OF FiEARING: 10/30/97 2. CLASSSFICATION: Nonconforming Use Permit 3. LOCATION: 1354 BIRMSNGHAM STREET 4. PLANNING DI$TRICT: 2 5. LEGAL DSSCRSPTION: subj to st; ex S 5 ft; N 67 ft & W 165 ft of Lot 13, Block 6; Rogers and Hendricks Acre Lots No. 2 6. PRESENT ZONING: R-4 20NING COD& REFERENCfi: 62.102 7. 5TAFF INVESTIGATION AND REPORT: DATE: 10-22-97 BY; Patricia James 8. DATE RECBI{TED: 09/22/97 DEADLINE FOR ACTION: A. PVRPOSE: Nonconforming use permit to establish that a duplex is a legal nonconEorming use of the property. . B. PARCEL SIZE: Flag-shaped parcel with frontage on 2 streets; 67 feet (Winchell}x 270.7 Eeet x 121 £eet (Birmingham) = 27,047 square feet, or .62 acres C. SXISTING LAND VSE: 2-family residential (split zoning R-3; RT-1) D. SIIRROUNDING LAND USE: North: single Pamily and duplex residential (R-3; RT-1) East: single family and duplex residential (RT-1) South: single family, 3-family residential (R-3; RT-1) West: single family residential (R-3) E. ZONING CODfi CITATION: Section 62.102(I)(1) authorizes the planning commission to establish legal nonconforming use status to the use of structures which fail to meet the standards of section 62.102(b) if the commission makes the findings listed under section H of this staff report. F. HISTORY/DISCII55IOI�: In 1996 the City Council denied a request to rezone this lot to RT-2 to establish three units in the structure. iZoning File #95-232) G. DI5TRICT COUNCZL RECO�NDATION: At the time this 5taff report was prepared, no district council recommendation had been received. r I�a q�-�7� • H. FINDINGS: 1. The structure is currently used as a duplex. It is located on the western half of the lot, which is zoned R-3. The garage is located on the eastem part of the lot, which is zoned RT-1. 2. The area and frontage of the lot (67 feet (Winchell)x 270.7 feet x 121 feet (Birmingham) = 27,047 square Eeet) exceed the minimum standards for a duplex under the Schedule�of Regulations of the Zoning Code (6,000 sq. ft. area and 50 feet frontage). 3. The Planning Commission may grant a non-conforming use permit when there is conformance with code requirements: a. Tke use occurs eatirely within an existing stzucture. This condition is met. The two units are entirely within the main structure . b. The use is simiSar to other uses permitted within the district. This condition is met. The duplex residential use is similar to the single family uses to the west and the single family and duplex uses to the east, If the structure were located on the eastern half of the lot, it would be in conformance with the zoning code requirements for 2-family residential. c. The use has been in existence continuously for a period of at least • ten years prior to the date of the application. This condition is met. The applicant has submitted lease agreements dating back to Jvne, 1983. Other leases were signed in 1986, 1987, 1988, 1989, 1991, 1994, 1995, and 1996. City directories for these years do not ].ist two households at this address. d. The off-street pazking is adequate to serve the use. This condition is met. There is a 2-car garage on the lot as well as a blacktop parking pad off the driveway from Birmingham that will accommodate at least 1 car. The zoning code requires three spaces for new construction. e. Hardship wou2d result if the use were discontinued. This condition is met. The applicant has submitted figures showing that the total rental income from the property is currently insuf£icient to cover expenses, and that the shortage would be worse if the structure were converted to only one unit. The first floor unit rents for $700 per month, while the upstairs rents for $450, for a total income of $1150. Monthly expenses, including mortgage payment, taxes, utilities, insurance, and maintenance, total $1433.15. f. Rezoniag the property would result in °spot' zoaing or a zoning inappropriate to surrounding Iand uses. This condition is met. Rezoning would result in [.he RT-1 district extending beyond the back lot lines between Winchell and Birmingham into the R-3 district along Sirmingham. • g. The use mi11 not be detrimental to tfie existing character of '1 9�'�»� develapmeat in the immediate neighborhood or endanger the pub2ic � healtk, sa£ety, or geaeraZ weSfare, This condition is met. The existing neighborhood character includes both single family and duplex dwellings. h. The use is coasisteat with the compreheasive pZaa. This condition is met. The Housing Policy Plan recommends decreasing density in areas where residential density is too great. The size of the lot is such that this area is not overly dense. The plan also ca11s for exploring the Eeasibility o£ code compliance inspections to duplex rental units. i. A notarized petition of 2/3 of the property owners withia one hundred feet has been submitted stating their suppost for the use. This condition is met. The applicant has submitted a petition. Nineteen properties are eligible; thirteen signatures are needed. Applicant's petition has thirteen signatures. 4. In addition to the zoning code requirements, the Planning Commission approved guidelines for nonconforming use permits for duplexes in residential districts. These guidelines call for staff recommendation of denial unless all of the following conditions are met: A. Lot size of at 2east 5,000 square feet with a lot width or front foota9e of 40 feet. Applicant's lot has 121 feet of frontage on Birmingham (front yard) and 67 feet of frontage on Winchell and a lot area of 27,047 square feet, meeting this guideline. • B. Gross living area, after oompletion of dupZex coaversion, of at least 1,800 square feet for the two units. This guideline is not met. According to the applicant's floor plans, the area of the first floor unit is 1,222.5 square feet; the area of the second floor unit is 479 square feet. The total is 1,701.5 square £eet, or 98.5 square feet short oE the requirement. If the units were certified as code compliant, concerns about overcrowding would be addressed. C. Three off-street parking spaces lnon-stacked) are preferred; two spaces are the required minimum. A site plan showing improved (durable, permanent, dustless sur£ace) parking spaces must be provided. This guideline is met. Applicant submitted a site drawing (not to scale) for the rezoning request that shows a 2-car garage and two bituminous parking pads. D. AZS sesnodeSing work for the duplex conversioa is on the inside of the structure... This guideline is met. The structure is currently a duplex, no remodeling work is needed to complete a conversion. E. The proposed duplex structure is located in a mixed density neighborhood, aot a homogeneous single-family area or in an area where dupSexes and triplexes are already concentrated to the point of congesting neigkboshood streets. This guideline is met. The neighborhood is mixed density and not overly congested. F. A code compliaace inspection has been conducted and the unit is • fouad to be up to the housing code standazds; or the property owner has agreed to make tke necessary improvemeats to bring it to kousiag u �g i7� code compZiaace. This guideline is not met. No inspection has been • made by the Health Department. Fire and Safety Services (which inspects structures with three or more units) verified the existence of a basement unit whereupon the applicant submitted the rezoning petition thaC was denied by [he City Council. Approval of legal nonconforming status should be contingent on meeting housing code requirements. G. Aa economic feasibility analysis has been conducted for those oases where ecoaomic hardsfiip is cZaimed as one reason for tlze variaace request. 2his guideline is met. Given the shortfall in income, it does not appear £easi.ble to rent the house as one unit. It is not clear that the home is marketable to a homeowner who would use the entire house. I. STAFF RECON4TENDATION: Based on staff findings 4B and 4F, staff recommends denial of the nonconforming use permit. � � • rl � � I 7`� NONCONFORMING USE PER1iA1T APP�ICATION • '� ,�' Depanment of Planning and Econnmic Development M *�� Zoning Section 1100 City Hall Annex 25 West Fourth Street Saint Paul, MN 55102 266-6589 APPLICANT Zip��_Daytime Phone_ ��% /�j,� PRQPERTY LOCATION • TYPE OF PERMfT: Application is hereby made for a Nonconforming Use Permit under provisions ofi Chapter 62, Section 102, subsection i, Paragraph�_ of the Zoning Code. The permit is for: � Change from one nonconforming use to another (para. 3 in Zoning Code) O Re-establishment of a nonconforming use vacant for more than one year (para. 5) � Legal establishment of a nonconforming use in existence at least 10 years (para. 1) ❑ Enlargement of a nonconforming use (para. 4) SUPPORTING INFORMATION: supply the information that is applicable to your type of permit. CHANGE IN USE; PresenUPast or RE-ESTABLISHMENT: Proposed usi Additionai information for all appiications (attach additional sheets if necessary): ! I Required site plan is attached ❑ p �/ �� � AppficanYs signature � ril.c�����C� `�� Date /'fJ i/ City agent 5� Name of owner (if different) Contact person (if different) ���D����p, �j�i}rt�Phone ° jfp,� J�� r��v1 L� � a/ S �u.s �s al u� l�e x — • �OC(r� D l'� �"1Dcl S� L�, f � �`s %axes � f� or1 �IOuS� �5 �i�:�.`c/ {�yinerr�� � ,� 5 a o�� . � y� 1�� �� �o � ���o - � a ��, ��;� ��,`es cL �e ��oo - �,,� �� T .� h��se i��j��� . �LLf�ef 1�5 _—�- � ha�e �vo -�° ��- %�i�y cc�� l%�c� �-� a�� o���s o u7� ,��se t�' 1�us �"G�e a tQl .L� �`S ��'a �f�. � aoo � � � � ��� �� ��� ���,o���a� �C� �f� �`P.1'�C�1C Gk.l./Zt`�2 � /v O . a v m � , � us �' a %d ��c�o � 8� .�r �a�cv�� ��� a ��� r' ° _--, � ,�S ..�UO • o o � f 0 �-u � �� 1� t�cnc e n� �-��.��-� �-�`� I�-�� � .% �c�-�°�'� s�� � ��, �-{-ruc �e� as ��"" �l�SU° p��I� � ���� o 0 ���e ccs �s . re�l�� �� /���• �� ��` ��;�-� �A� v er� �'cc �c, i,uou.t� �� ��733� ��s (0 ee v� r�-� rnarn �e� - +v ( vc.e� e cf� ��CCS e -��,( r,uer�� � g�� od i �C.S � 1 S � r'`C��ce� 1 Y �t�u 1�(1(,C�C ���`Z�-J�. �S�- -� C��v1 Uer� .=L� ��v�Ver i�' �OU.��c�q �JcCSe�Ylev� � J �ac k c.c.Jau � cl t,r)oc� (c/ � e {�Y�CC � N � lOU F °� � 1��-a� ��e� �e i ✓� �� � vlduSar��S - cc h 8���rc� ryr h o�,Gs� � c�-.psfu � �s, Sfi CITY OF SAINT PAUL CONSENT OF ADJOINTNG PROPERTY OWNERS FOR A , NONCONFORMING USE PERMIT �Ve, tlie undersigned, o�vners of the property within 100 feet of the total contiguous description of real estate owned, purchased, or sotd by THE APPLICANT within one year precedin� the date of this petition acknowiedge that we have been presented with the followin;: A copy of the application of (name of applicant) to es[ablish a (proposed use) located at: (address of property) requiring a nonconforming use permit, along �vith any relevant _site plans, diagrams, or other aocun,entacio�. We consent to the approval of this application as it was explained fo us by the applicant or his/her representative. • � NdTE: Atl information on the upper portion of this apptication ust e comptefed prior to obtainina etigibte signatures on tfiis pefition. I• rl i7L1C:41i}l�Y\'� � C f � 17`�� SZTUATZON 2 PRO PORHA INFORMATION SHEET REOUZRED I;IFOR'i.ATZON ` Aousin � Unit Breakdown Number of bedrooms ' Square foot size of unit Contract rent Est. 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T �, �+ - -�� h �, --��- --- — _ � �. � ----- ------- ---- -- ------ � J l> ------� S� �-��- -- --- - --- �� �- ------ ----,�---- -- - - ------- H �� ----------- - _ _- --- _- -- --�� __------- -- __ --------- -�! ` � , z 9� ---- -... - -- -- --- '-. . --- -- --------- �- I ----------- --_----- - --------_----. �- �, £,g --- - - - -- `_ ------- ------- 1 =� __�-__i __ --� --- --- --- - - 1---- ------ _ S' � a "- , 6r( __ t � - --- - - _- -- -- - - - -. � - - ----- : � �� - ____ _.-- ___ - , --- _-- �.- - - --- --- --- --I-g`�--- ---,��-_- -- -} -.. - - - ---- - - --- - --- --- -- - _ --- - --- - - ' �s' y - -----�- � - -- --- -- - --- .. . ��� �.�AYIi_. �� ��-�7� • AFFIDAVIT OF PERSON CIRCULATING THE CONSENT PETITION STATE OF MINNESOTA) SS u COUNTY OF RAMSEY ) �1 7�/�O.r �� , being first duly swom, deposes and states that he/she is the perso�i wh� circulated the consent petition consisting of � pages; that affiant represents that the parties described on the consent petition are all the respective owners of ihe properties placed immediately before each name; that affiant is informed and believes that each of the parties described on the consent petition is an owner of the property which is within 100 feet of any properry owned, purchased, or sold by petitioner within one (1) year preceding the date of this petition which is contiguous to the property described in the petition; that none of the parties described in the consent petition has purchased or is purchasing property from the petitioner that is contiguous to the property described on the consent petition within one (1) year of the date of the petition; that this consent was signed by each of said owners in the presence of this affiant, and that the signatures are the true and correct signatures of each and a1t of the parties so described. Subscribed and sworn to before me this �� day of � , 19� � , ' �u.�.�- /l,. . � , , ,,� ��� . ►..�. • s � �: •^^^.�,, . • ur�ophuwte wunr.wNo P10TARY PUBLIC•MINNESOTA � RAMSEY COUNTY . - Mrcomm.Eq�Irea.lan.stz000 / � a_.� .s/L• � / � � � �� � / .!� .��, - 'I3o -(o3/�Z TELEPHONE NUMBER Page � of � 1/31r`97 q� 1�� ��6-�a�s • CONSENT OF ADJOINING PROPERTY OWNERS � � We, the undersigned, owners of the groperty within 100 feet of ' �i—.✓ and the total contiguous desciption of real estate owned, purchaced, or sold y petitioner within one year preceding the date of this peti�t3'-�n, acknowledge that, we have been £urnished with a cop of the a lication of// ,� �au. �Tr�'u�r�l �`�..�/ £or special condition use permi noncon£orming use permi (cir�le one) along with any relevant site plans, diagrams, or ot er ocumen ation; and consent to the approval of this application as it was explained to us by the applicant or his/her representative. ( -�. C� �3� :z����,., '-� � �g . � � J �y� � �T/ , �1 / ��/ /3.L JY � � . - � � � � � , ` � . � � (1+ T �� , � n �� � / . tL� G • l� ` ��"� 'm'L' � ,��� > . , �� � ' - _. , ,_' r � � � ` 22/, ` �e �� � l3�1 Q re.rt, ��.��wt S� `3t R�< ��.�,�,� �;.�.�-zs - — y,,, ,�. > � ,° � - .. ���� � !� � r rr � ' - ��� �� � �� li � i� ID � L,�r,� � tti,.� ��� � -' ! � � � r�-�tiR�i A i �y 3� w; ,�.f 1 _�,; G �3��� �.�„���� -= ;;, � ,�. O a 9 , �� - �� ! � ,�,��` 3 � +. ' 3 ��cr, �� � ., ,� ; �_ �' ' 9L- - _-�>�; ,�� L / Y `�- J�.. �l/v —%� 4-- i4-'� _ ; ,.. � i� � 8 q � �I ��� �i�-�� • • 11JZqJ1357 15:41 pisfiri�t 2 f,127315134 Gaunci� UIST T4!0 COUhICIL PAaE c'L �� / 7� T.1ir1 StAlvafs� Av►nua $uka �o� October 27, 1997 Patricia James l lth Ftoot, City Ha(1 Annex 25 Wrst Fourth Suaet St. Paul, MN 55102 Dear Ms. James, 5t.9w1. Mrt 55n7-35o8 (ytz)Ti�_4s�l2 fAX(�+1.)79�_ot1� I am writing to yau on behalf of the District 2 Community Council regarding the proposed nonconforming nse permit at 1354 Bumingham Ave. At the October 15'" District 2$oard of Directors meeting, tha following resolution was unanimously adopted: To oppose the nonconforming use permit for 1354 Birmingham and request the poRion of the lot zoned RT-1 be changed to R-3. u Prior to the passage of this resolution, theYe was a public hearing at the Dis2rict 2 Physical and Neighborhood Issues Committee. Flyers were distributed to neighborhood residents and several phone calls were received. Significantly, I believe, all residents who responded asked that they remain anonymous because o££ear or reprisals. A sheet with phone calls received is attached. At tha meeting itself, only two neigh6ors attended and both spoke in opposition to the perntit because "thece have been problesns with that house fat years." '�he reasons for our opposition to this appl'tcation are primarily based on section Chapter 52, Section 101, sub9ection i, paragraph 1 g of ihe zoning code: "The use wiil not be detrimental to tha existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare." The comments of neighborhood residents, the �re departmeat inspector, a faur-page list of Citizen Setvice complaints (attached) and a summary of the police calis (attached) all lead us to concCude thai this property is already an endangerment of the pubiic health, safety and general welfare of the suttounding nexghborhood and so this permit shpuid not be granted and the use discomir�ued. In addition, white acknowledging that we are not experts in home 6nance, it does strike us as odd that a hquse which has been a duplex for 17 years still requires this kind of income per month just to meet expenses. The economic hardship arguments are not convincing as presented and seem incomplete. �� Finally, while it is not strictly speaking one of the criteria that must be met for a nonconforming use permit to be issued, thera is clearly a theme of deception and disregard for the tules that runs thFoughout the app]icanYs participation in this process. In addition to the whole itlegal triplex matter, the neighbors' responses to the current app]ication, the comments of the fire inspector and the continual problems with upkeep of the property, there is also the fact that the applicant has heen regiatered as the owner and homesteader since 1386 when the property is clearly not 11l24/1597 15:41 5127315194 DIST TW� CdUWCZL VfiGE 53 . . q�'"��� • being homesteaded. There is no evidence that the pattern of behavior by this landlord will change ifthis permit is granted. For these reasoris, we urge the members of the Zoning Gammittee to appose this appFication for a nonconforming use pernut. We thank you for this apportunity to raise these issues with you and for your consideration of them as you determine your response. Sincerely, �`-�` ( "� Tim Dornfeld Executive Director � • • � • FP.OM : ST MAP,K PHOFIE h10. : 2240223 Oct. 39 1997 03:2�Ft9 F'1 q� ��� �o���f �� �w���� � �� 1 c� �A �.(�� �-f �5- �-��/�r� f= r�d�U �/l��Tff � ftST ��-A � ' �'/t��It'�-�f/t� G�ce � r �� �1 �I=— �rt110 �— j�UcILI� �/,�� `��� :� X�lC�SS f� U I/� 5 f��w� ���0��0� •� (� �f.�- �� 2-�xi�- r t%6 G� / 3 S ��.��isU��,t� �jl-�A/L� �--C� � �5� � D� 7��� �,��J�'G.�-�� s �-� �-- �,�v� ��C r S /?'.=-�� U� �avG�.% ��C r s % . f��� �OS�'��'1.� �pa� '��X/.6�r�/`S ,�S .��,u .�'� `T/�;� �.� S % � � �'�- ��� � _ ��i .��1� �x1�7` S �1�/ �Trf-- �,�,c� �� � ,��',�-trr� � _ �� ���� t�� � � � �,� ��� � ��s ���� ��� s ��.� � ��� �' �-�� ���� � �vY� �'�� �-� Si�'��T � � �� � �--�y/���/ ��r� �U�%(/I L� f��= r71�< S S �G S Q ��� l Q� �i�-��� o,�- D�� �� ����� � �,�Gr� S /�� 6�'L� �ru1C� ��� � � ��,1-�r�� Gt S s� � ��� DU`' ���� �� O�G/ - /� `���.G/!; U� /'�.� � _ �����--�� �- `�3 ���,� �-�� S� ����� �� � ;;, : �:- :-.�i' _;:`: ;- ._ ��-s�,._,; ..Y.> �t:,. .;;,..; ;;{ 3 _ ,�..,. ,: .. . � j �; 17`� (i'�� - _ C i�� !I. F �+.Ff23.. r�=;�_� , -�� . ..,.1_. .<r--:.cr-; � :.•. � ; •;�.,..a.:!' . ��:.;•_ _ _ . A . . _ _ .:,'� � - :.a . ,`{,_`�� ai } . t . , . . . ��.. _ . , , j� :. � r ,�t...s.� ? ,. �s' S:' :.7;;` -- .i�l.' a ` '<= ��' ' ��~ �.;�. . '.'' . �i;�' Post-It'"brand so�ae6��! _;" i.;�s }Fi3:�.� . : � � � � - . . � . T° PIG4� m . r. r • , �; ° �%3 .•_.; ... . .. �e. Ne.� ►.ibr - � € :��� Octobe�3, 1997 c � � �- - � t ' ' � - Phone If - . - � oept. - � � - � _ ' ' . , Feal/� FaxA . _ . " D f Id E f D'e f Tim om e, xecu ive tr c or •. pistrict 2 Communiy Council _ 2169 St+4lwater Ave. #2�'( . '. ; � < � St. !'aui, MN 55119 ' ` , .,,�.j FZE: 1354 Birmingham Duplex ��^�� ��" ' • ' ` `� ; � • ;:;:� pear Mr. Dornfefd: � ,'`` `° ;`� ,v i- ' �:_. . ;'".' s � ;'%�r`=i�' ['�'" :� *_�-i•� �: :::. �-; fi;.' This letter is fo express some of my concerns about the duplex at 1354 Birmingham: .I .:' �: } . ;�;. i' `��:.: ,::. �; would rathar have this house converted back to a singie family home_ I have been in '. � `t'�->a "�,�� the neighborhood for over 5 years.; Of those 5 years, I have 6een exposed to a numher :. ', ' of pr'oblerns concerning this properky. ' My thought of the owner (iandlord) is not good. I fee{ she is a slumlord. This property is in bad shape outsida 1 could just imagine what the inside iooks like. The peopie she rents to are not the best neighbors to have. On numerous occasions this past summer the poiice have been called to this address for domestics, b-b guns being shot by children, just to name a few. � . i have 6een woken up numerous times by kids running around in their yard at all hours of the night and also adult parties or get-togethers. I have experienced bad language quite often by adults as well as kids. i don't feef that this home shoufd be Multi-femily. 1f { need to deal with a siunllotd and bad renters, i woufd much rather deal with only one family instead of two. I live reaf close to this prope�ty and have had nothing but pro6lems with the renters. Pfease review their Petiti�n that was su6mitted tfl you. ( was approached about 5-6 times requesting my signature, I would not sign. i don`t think they received enough legitimate signatutes. Thank you for your tirne. Piease consider not approving this permit. `7� � t� wk� �t D v42M^+av�-., C�,Y.au�n�o�.c�, �-�.2� --�-a-�e F�-c (rha.` �.�x,�:�`� t � /��. .��r� !��' �fL�„ �°"'j_ 2��„ �� 9����`� � Phone comments received for 1354 Birmingham: Ail callers requested that their names and addresses not be used because of concern about retaliation, but they all live in the immediate vicinity: 1. It has always had lots of problems. Continued to operate as a triplex unril recently. They aze not good landlords. Doesn't want the permit approved. 2. Doesn't like having a duplex there. IYs been okay this past year, but before it has been very noisy. 3. It's been a triplex since the last meeting. Permit should not be approved because they will do whatever they want without concem for the neighborhood. They still don't keep up the yard at all. 4. Sent letter: on back. Also, Fire Inspector Bazb Cummings left the following message in response to our request for more information on the properry and its history of inspections: • We got it from zoning to enforce and from what I understand, they were putting in an illegal basement unit. It already had two units in the building and its not zoned for two even. They were dickering with zoning for well over a year, being very, very difficult and not doing what they needed to do and so they dumped it in our lap to enforce. I had to tell her on the phone that she get this straightened out or I take it to court and she could tell it to the judge. �Ier and her daughter have been playing the ownership game, putting it back and forth, and I told her I didn't care who was going to be the owner, I was going to take them both and let the judge decide who was going to take the punishment for whatever they were not going to be doing legally. From what I understand they are very difficult to work with. � OC�. -03' 9':FRI1 14 09 � � Octoher 3. 1997 SiA�E OF �1�'i-?IPEL1hE S1FE�` 'EL 6i.?°695�4i Y.uO: �jg 17`� Tim Dosnfeld, Execu;ive Qirector pistrict 2 Ccmmunity Councit 2�E9 St�(f��,�ater Ave. #26'I S? Faul, AdN 55 �19 RE: 1354 6irmir,gham Duplex Gear N7'. Dcrnf°id� This ietrer is to express some of my concerrs about tne duplex at 1354 B:rmingham. I wouid rather have this house conveRed tack to a singie family hame. I have besn in fhe neighborhood for over 5 y°crs• Of those 5 years, I have bean exposed to a numoer of prablems concerning this propecfy. My thought of the owner (landiord) is not good. I feei she is a siumtord. This property is in bad shape outside ! cou(d just imagine what ?he inside looks like- The peopte she rents to are nilt the best neighbo�s tc have. On nu,r°raus oc�asions this past summer the poEice have ksee� cafted to this address for domestics, b-b gu�s b°ing shot by chiid�en, just to name a few. I have besn waken up numerous tima� by k+ds running around in thzir yard at afl hours of the night and aisc aciuit parties or get togethers. i have experienoed bad language quite often by adufts as e�reit as kids. ! dcn't feel that th+s home should be k7ulti-famiiy. 1f i need to deaf with a s!umlosd a�d bad renters, I wnuld muctr rather deai with oniy one famiiy instead of r.ua. { live real dose te this pruperty and have had natning but problems v�ith the rerrters. Piease review their Fetition that was suhmitted to ycu. I uras approached abouf 5-B times requesting my signature. f r+roufd no; sign. I don't think they -eceived enough legif,rtate signatutes. Thank you for your time. P{ease consider not approving this permit. . � � � �JCT-�6-1997 lc 13 N i c F < Z s V W 6 � � V ° c� � t QM m � y C Q N O W I� Y S. � P Y o �pn F Y A 1 w � E O j Y O 4 6 � � � � 'g _ y ¢ 1 4 A . c i �=ITIZ=N ScRVi��� 7�=ICe u r u � ou i • O� � � 6 .2y J � 6 N 3 > W � V � � � r � Y p >� K P� 2 O W N Y W K� S Y�C � N r� W � 6 �z a Ni LI i S � +� W � J 5 u � � � � u � � � LL: � � S OC (1 V. S '.�K `- 9 W y W ux N W V W_ N Y W 1' W Y�.� OC��r�y.N} o � .�iy�jn V � y ✓ GY� � Ni6 NZ Y� 4ip {Y�NrH „ 1q - ��3' W .. tf w� Y W w w N U y w u JY V U �NI $ --�Wis v VJ ���ii' 4W 21�1Y41���Q� W � �4•n��C 0 Y S S.. N�� W� W W 2¢ w l+tiF�JO� u3SOC46� S : K • 1 X r z L �. 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