91-2289 ����� I Council File # �� � ��� V
. {� _
Ordinance � _� 7 q Q,�
Green Sheet # (��1'°�
ORDINANCE
I O SAI NT PAU L, SOTA
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Presented B �
Aeterred To Committee: Date
An ordinance amending section 62.102 (c) on nonconforming use of land
without structures to allow certain commercial parking lots to be granted
legal nonconforming status under zox�ing.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
That section 60.102 (c) of the Saint Pau1 Legislative Code is hereby
amended to add a new paragraph 5, as follows:
(5) Exception: Nonconforming commercial parking use. Upon
application submitted together with a notarized petition of two-
thirds of the property owners within 100 feet of the proposed site
stating their support for the application, the planning commission
may grant legal nonconforming status to allow the use of land
without structures as a parking lot to serve abutting property in
an OS-1, B-1 through B-5, B-2C, RCC-1, I-1, or RCI-1 zone if,
following a public hearing, the commission finds and determines
that the commercial or industrial parking lot: (1) has been paved,
maintained, and used for commercial or industrial parking for at
least ten consecutive years prior to the date of the. application;
(2) occupies a legallq subdivided parcel that is too small for
development and fias not been owned by a different adjoining
property owner for at least ten years prior to the date of the
application; and (3) is to serve abutting commercially or
industrially zoned property.
C�i���1�� �I-ZZB� �
/790.�
Section 2
This ordinance shall take force and be in effect thirty days from and
after its passage, approval and publication.
� �� Nava Absent Requested by De artment of:
on Z 1La2 _�_ PI�.r ( � �G V r1sJ��C.
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Adopted by Council: Date J�li� � f"3 �:��Z Form Appro y City A rney
Adoption Certified by Council Secretary By; .
By' �` `��"""1 Approved Mayor for Submission to
� / ,_ Z C �� 'Z Council
Ap roved by Mayor: Da e 6
,�A�# : � '��2 �,l�r„�,/�.,�.,��/
By: . 8y' �
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DEPARTMENT/OFFICE/COUNCIL DATE INITIATED NO 17 5 4 4
PED - Planning Division 11-25-91 GREEN -
CONTACT PERSON&PHONE I INITIAL/DATE
DEPARTMENT DIRECT �CITY COUNCIL
Larry Soderholm 228-3362 ASSIGN CITYATTORNEY �CITYCLERK
MUST BE ON COUNCIL AGENDA BY(DATE) NUMBER FOR gUDGET DIRECTOR �FIN.�MaT.SERVICES DIR.
ROUTING �
ORDER MAYOR(OR ASSISTANT) � e�
TOTAL#OF SIGNATURE PAGES Z (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION qEQUESTED:
Adoption of Zoning Code amendment on nonconforming commercial parking lots (related to
First Bank Grand's alley parking lot) .
RECAMMENDATIONS:Approve(A)or Re�ect(R) PERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLO�QUES=lON$:-,�
�PLANNING COMMISSION _CIVIL SERVICE COMMISSION �• Has this person/firm ever worked under a contract for this depart -� ��
_CIB COMMITTEE _ YES NO �' ,� �` ��'
2. Has this person/firm ever been a city employee? '` � " � a
�, , �
�STAFF — YES NO � '� `` � ���J
,� ;
_ DIS7RIC7 COURr _ 3. Does this person/firm possess a skill not normally possessed by any�u �;'City employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? � YES NO �s��,:�,'y.,�
Explaln all yes answsrs on separate ahset and attach to green shset °�'�
Neighborhoods, Economic Developmen
INITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why):
First Bank Grand applied to rezone an illegal parking lot b�'x�� �ummit Avenue house. A.
neighborhood parking task force recommended that the lot be 'Jiven egal nonconforming
status instead of being rezoned. City Council approved ���t�s►C � ��e's recommendation.
This zoning amendment is a pre-requisite for making the 1 legRl �y onconforming.
MAYQit'S OFFI�E
ADVANTAGES IFAPPROVED:
The neighborhood compromise made by the bank, the Grand Avenue Business Association, the
Summit Avenue Residential Preservation Association, the Summit Hill Association and the
City Council can be implemented.
DISADVANTAGES IF APPROVED:
The Planning Division is unaware of any significant disadvantages. �ECEIVED
oEC 101991
�'MTY CLERK
DISADVANTAGES IF NOT APPROVED:
The neighborhood compromise cannot be implemented. �„�R �
COUr��Ea �,..a��y��4.� C°n�er
DEC 0 6 1991
TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED(CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION:(EXPLAIN) ��
NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225).
ROUTING ORDER: �
Below are correct routings for the five most frequent rypes of documents:
CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. City Attorney
3. City Attorney 3. Budget Director
4. Mayor(for contracts over$15,000) 4. Mayor/Assistant
5. Human Rights(for contracts over$50,000) 5. City Council
6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services
7. Finance Accounting
ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others, and Ordinances)
1. Activity Manager 1. Department Director
2. Department Accountant 2. City Attorney
3. Department Director 3. Mayor Assistant
4. Budget Director 4. City Council
5. City Clerk
6. Chief Accountant, Finance and Management Services
ADMINISTRATIVE ORDERS(all others)
1. Department Director
2. City Attorney
3. Finance and Management Services Director
4. City Clerk
TOTAL NUMBER OF SIGNATURE PAGES
Indicate the#�of pages on which signatures are required and paperclip or flag
each of these pages.
ACTION REGlUESTED
Oescribe what the projecVrequest seeks to accomplish in either chronologi-
cal order or order of importance,whichever is most appropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the issue in question has been presented before any body,public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which Council objective(s)your projecUrequest supports by listing
the key word(s)(HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.)
PERSONAL SERVICE CONTRACTS:
This information will be used to determine the city's liability for workers compensation claims,taxes and proper civil service hiring rules.
INITIATING PROBLEM, ISSUE, OPPORTUNITY
Explain the situation or conditions that created a need for your project
or request.
ADVANTAGES IF APPROVED
Indicate whether this is simply an annual budget procedure required by law/
charter or whether there are specific ways in which the City of Saint Paul
and its citizens will benefit from this projecUaction.
DISADVANTAGES IF APPROVED
What negative effects or major changes to existing or past processes might
this projecUrequest produce if it is passed(e.g.,traffic delays, noise,
tax increases or assessments)?To Whom?When?For how long?
DISADVANTAGES IF NOT APPROVED
What will be the negative consequences if the promised action is not
approved? Inability to deliver service?Continued high traffic, noise,
accident rate?Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are addressfng, in general you must answer two questions: How much is it
going to cost?Who is going to pay?
� � 91 -ZZg9' �
Interdepartmental Memorandum
CITY OF SAINT PAUL
DATE: November 27, 1995
T0: Mayor Schiebel
FROM: Dan Cornejo �G
RE: NONCONFORMING COMMERCIAL PARKING LOT ZONING AMENDMENT (Related to
First Bank Grand's alley parking lot)
The Planning Commission voted on November 22, 1991, to support the
Nonconforming Commercial Parking Lot Amendment that was proposed last summer
by the Grand-Lexington Parking Task Force. The task force devised a
compromise between Grand Avenue businesses and residents to allow continuation
of the parking lot for a period of time--probably ten years--as a
nonconforming use under the zoning code. The compromise avoids a rezoning
that would permanently allow commercial parking on the north side of the
Grand-Summit alley line. The City Council initiated this zoning amendment at
the time they received the Grand-Lexington task force's report.
This zoning amendment will make it possible for First Bank Grand to apply for
a nonconforming use permit, which could then be approved by Planning
Commission. At this time, the bank and the owner of the Summit Avenue house
(Russell Jensen) have still not come to terms on the sale of the parking lot
to the residential owner. If they don't reach agreement, the proposed ten-
year sunset on the nonconforming use permit will no doubt be a topic for
argument at the Planning Commission. But this minor glitch is not within the
City's control and will not, in my opinion, jeopardize the overall compromise.
� The Planning Division supports the amendment. I believe it will be applicable
to some additional parking lots besides First Bank Grand's, but I don't have
any specific sites in mind. If you have questions, please call me (ext. 3380)
or Larry Soderholm (ext. 3362) .
DC:le
91-22gq
city of saint paul
pianning commission resolution
file number 91-85 �
VG.�te Nnvamhar ��_� 1 Q�01 ,�
NONCONFORMING COMMERCIAL PARKING LOT AMENDMENT
WHEREAS, the Saint Paul City Council initiated the Nonconforming Commercial
Parking Lot Zoning Study on July 9, 1991, and referred it to the Planning
Commission; and
WHEREAS, the City Council initiated the study after receiving the report of
the Grand-Lexington Parking Task Force, which recommended a Zoning Code
amendment to allow improved parking lots to receive nonconforming use status
through a petition process similar to nonconforming buildings; and
WHEREAS, the Saint Paul Planning Commission, following appropriate
notification, held a public hearing on the proposed amendment on November 8,
1991; and
WHEREAS, the Planning Commission finds the proposed amendment consistent with
the overall needs of the community and with existing land use patterns;
NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission has
reviewed the Nonconforming Commercial Parking Lot Amendment and recommends
that the City Council adopt it as part of the Zoning Code.
moved by TREICHEL
seconded by �� R
in favor �-
.
against-
� 41 -�z�� �,
NONCONFORMING COMMERCIAL PARKING LOT ZONING AMENDMENT
September 1991
Saint Paul Planning Commission
Department of Planning and Economic Development
Division of Planning
City of Saint Paul
1100 City Hall Annex
Saint Paul, Minnesota 55102
� � q(-ZZg4 J
I. PURPOSE
The purpose of the proposed Zoning Code amendment is to allow an existing
commercial parking lot located in the wrong zoning district to be approved as
a legal nonconforming use provided that it meets a strict set of tests. This
amendment was recommended to the City Council in July 1991 by the Grand-
Lexington Parking Task Force as a zoning solution for the First Bank Grand
parking lot on the residential side of the alley between Grand and Summit
Avenues. The amendment would permit legalization of the First Bank Grand lot
without rezoning, and it may fit a small number of cases elsewhere in the
city.
II. BACKGROUND
In April 1991 the City Council held a public hearing on the petition of First
Bank Grand to rezone an existing parking lot for eleven cars located across
the alley from the bank from R-2 (single family) to P-1 (parking) . The
Planning Commission recommended against the rezoning and there was opposition
to rezoning from neighborhood representatives. At the conclusion of the
hearing, the City Council asked the Planning Division and the affected parties
to meet together to work on parking solutions for the Grand-Lexington
commercial area for ninety days, and to see if new alternatives for the
controversial bank lot might emerge by enlarging the focus. At the end of the
period, the Grand-Lexington Parking Task Force reported back with a list of
consensus recommendations, which were approved by the City Council.
For the First Gand Bank parking lot, the Grand-Lexington Task Force achieved a
compromise. The bank should be allowed to continue using the lot north of the
alley as a legal nonconforming use under zoning for ten more years. The land
would not be rezoned; it woulcl remain in residential district. The bank and
the residential property owner adjoining the parking lot should negotiate the
sale of the land to the residential owner.
A zoning text amendment is needed before this compromise can be implemented.
Currently the code allows the Planning Commission to issue a nonconforming use
permit to a buildin� that has been used for ten years or more, provided that a
series of conditions are met. The Commission does not have corresponding
authority for a parking lot. This authority would be created by the zoning
text amendment proposed in this study.
1.
. 9 I- 22�'9 J
On July 9, 1991 the City Council initiated the Nonconforming Commercial
Parking Lot Zoning Study and asked the Planning Commission to make a
recommendation on the zoning amendment proposed by the Grand-Lexington Parking
Task Force.
III. ANALYSIS
First Bank Grand Case
The proposed amendment gives First Bank Grand the opportunity to apply to the
Planning Commission for a nonconforming use permit to make their alley lot
legal under the Zoning Code. The amendment does not automatically change the
status of the bank's lot. The Planning Commission, or the City Council on
appeal, will have the power to issue a permit with specific conditions for the
individual case.
In accordance with the Grand-Lexington Task Force, the amendment is written to
be narrow so that it fits the circumstances at First Bank Grand without
opening a loophole for illegal parking throughout the city. These
circumstances, which are incorporated into the amendment, include the
following:
1. The parking lot occupies a separate, legal parcel of land, not just part
of a lot.
2. The parcel is too small to be developed with a building. It would need
to be attached to an adjoining parcel of land.
3. The parcel has not belonged to an adjoining property owner for more than
ten years. It has belonged to the bank. -
4. The parking lot has been paved, maintained, and continuously used as
bank parking for more than ten years.
5. Two-thirds of the property owners within 100 feet of the bank have
signed a petition supporting continuation of parking lot.
A�plicability Elsewhere in the Citv
The Planning Division staff is not aware of other specific instances besides
First Bank Grand where the amendment would apply. The staff supposes that �
there are other cases, but not very many of them. Although the First Bank
Grand case involves commercial parking on residentially zoned land, there are
probably more cases where commercial or industrial parking is located in
another commercial zone, but one that is more restrictive. For example, a B-3
business is not permitted to have it's parking in a B-2 zone. The amendment
could accommodate this kind of crossover into a more restrictive commercial
zoning district.
2.
. � �i- Z��q ✓
Legal Nonconforming Use vs. Rezoning
The Zoning Code provides that parking has to be in the same zoning district as
the business, or in a less restrictive zone, or else in a P-1 (parking) zoning
district. This requirement in the code is sound regulatory policy. Rezoning
should remain the appropriate and customary means for converting another land
use into parking. However, in exceptional circumstances, where parking is not
consistent with the long-range land use plan, a nonconforming use permit may
be a better regulatory solution than rezoning. The ten-year nonconforming use
option has been used quite effectly by the Planning Commission for buildings.
The amendment creates the same option for paved parking lots.
At First Bank Grand, the City's comprehensive plan says that commercial use
should not extend across the alley, but it also says that existing commercial
parking should be retained. A legal nonconforming use permit facilitates a
compromise solution. It does not change the zoning map "forever" like a
rezoning. Moreover, the Planning Commission has the power under state law to
attach reasonable conditions on a permit, whereas no conditions can be
attached to a rezoning.
IV. RECOMMENDATION
The Planning Division staff supports the recommendation of the Grand-Lexington
Task Force and has drafted it in the form of a text amendment, which is
attached. The staff recommends that the Planning Commission release this
report and schedule a public hearing on it. After public review, the
Commission and staff will have the opportunity, if necessary, to do revise and
fine tune the amendment.
3.
• � � � � �� � �28q J
(Draft approved by Planning Commission, 11/22/91)
NONCONFORMING COMMERCIAL PARKING LOT ZONING AMENDMENT
Insert a new paragraph 5 into the Zoning Code in Section 62.102 (c) on
Nonconforming Use of Land Without Structures, as follows:
(5) Exception: Nonconforming commercial parking use. Upon
application submitted together with a notarized petition of two-
thirds of the property owners within 100 feet of the proposed site
stating their support for the application, the planning commission
may grant legal nonconforming status to allow the use of land
without structures as a parking lot to serve abutting property in
an OS-1, B-1 through B-5, B-2C, RCC-1, I-1, or RCI-1 zone if,
following a public hearing, the commission finds and determines
that the commercial or industrial parking lot: (1) has been
paved, maintained, and used for commercial or industrial parking
for at least ten consecutive years prior to the date of the
application; (2) occupies a legally subdivided parcel that is too
small for development and has not been owned by a different
adjoining property owner for at least ten years prior to the date
of the application; and (3) is to serve abutting commercially or
industrially zoned property.
This amendment would parallel Section 62.102(e) (11) , which allows the Planning
Commission to grant nonconforming use permits to structures where a
nonconforming use has been in existence for ten years.
4.
� . � � 9 I�ZZ.SQ ��
CITY OF SAINT PAUL
`GLTY OP
`0 '� OFFICE OF THE MAYOR
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347 CITY HALL
JAMES BCHEIBEL BAINT PAUL. MINNESOTA 55102
MAYOR (612) 298-4323
December 5, 1991
Council President Wilson and Members
of the City Council
Seventh Floor, City Hall
Saint Paul, MN. 55102
RE: NONCONFORMING COMMERCIAL PARKING LOT ZONING AMENDMENT (Related to
First Bank Grand's alley parking lot)
Dear Council President Wilson and Member of the City Council:
Enclosed is the Planning Commission's recommendation supporting the
Nonconforming Commercial Parking Lot Zoning Amendment. As you know, the City
Council initiated the zoning araendment last July when you received the report
of the Grand-Lexington Parking Task Force. The amendment is a pre-requisite
for implementing the task force's compromise that the alley lot of First Bank
Grand should be granted legal nonconforming use status under zoning, but
should not be permanently rezoned for commercial parking.
After the amendment is adopted, First Bank Grand will be able to apply to the
Planning Commission for nonconforming use status. The Planning Division staff
believe the amendment will be applicable to other commercial parking lots
around the city, but probably not too many.
I support this zoning amendment. If you have any questions, please call Dan
Cornejo at 228-3380 or Larry Soderholm at 228-3362.
Sincerely,
�
„�+�.a.:��,f.�i�
.�,�-
J es Scheibel
Mayor
JS:le
Enclosure
cc: Dan Corne j o
Molly 0'Rourke
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