The URL can be used to link to this page

268853 WH17E - CITV CLERK - ' PINK - FINANCE COUI1C31 (�� CANARY -�DEPARTMENT G I TY OF SA I NT PAU L �/ BLUE -MAVOR File NO. �`- �-�� / dZ Ordinance N�. �� / �► Presented By Leonard W. Levi ne Referred To Committee: Date Out of Committee By Date � An ordinance amending Ordinance No. 15881, approved August 29, 1975, entitled "An ordinance adopting a new zoning ordinance for the City of Saint Paul, repealing Chapters 60, 61, 62, 63 and 64 of the Saint Paul Legislative Code and the zoning map of the City of Saint Paul. " THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the Zoning Map of the City of Saint Paul, Sheet No. 27, as incorporated by reference in Section 60.401 of the Saint Paul Legislative Code, is hereby amended as follows: The property owned by George and Elsie Leitner located on the North side of Randolph Avenue between Chatsworth and Milton, more particularly described as "The West 12 ft. offLot 27, and all of Lots 22, 23, 24, 25, and 26, Block 12, of Michel & Robertson' s Addition, " is rezoned from RM-2 to B-3. Section 2. This ordinance shall take force and effect in thirty (30) days from and after its assa e a rpval and ublication. COUNCILMEIV Yeas Nays Requested by Department of: Butler Hozza � In Favor Hunt � � Against By �� Tedesco � 19'� Adopted by,�ouncil:,,r� Date APR L� Form Approved by City Attorney . , - �` / � �� Certi�i'ed P s by Co retary� BY-1 L�a' ' -�. �'��`�'' By Appro Mayor: Date �R 2`5 �� Approved by Mayor for Submission to Council By BY PUBLISHED AFR � � 19�7 . � �'�;�'�'�� BOARD OF ZONING CITY C�F SAI�NT PAUL OFFICE OF THE MAYOR � CITY PLANNING DONALD L. SPAID AIP March 23, 1977 PLANNING COORDINATOR �C� :�� Ms. Rose Mix, City Clerk 386 City Hall & Court House St. Paul , Minnesota 55102 Dear Madam: This is in response to the petition of George and Elsie Leitner to rezone property on the north side of Randolph between Chatsworth and Milton, legal description being the west 12 ft. of Lot 27 and all of Lots 22 thru 26, Block 12, of Michel and Robertson's Addition. The petition is to rezone from RM-2, Multiple Family Residential district, to B-3, General Business district. This would allow construction of additional retail space on the site. This matter was heard by the Current Planning & Zoning Committee on February 17, 1977, at which time the petitioner was present without oppo- sition. Staff recommendation for denial was made on the fact that B-3 zoning could also permit objectionable uses in the neighborhood regardless of present uses. The Committee, on a motion by Ms. Norton recommended approval of the petition, on a 3 to 2 vote with Messrs. Willits and Hummer dissenting. On February 25, 1977, the Planning Commission approved, by a roll call vote of 15 to 0, an amended motion to recommend approval of the petition with the stipulation that unon adoption of a new Planned Unit Development Ordinance, the zoning would revert to such designation. The petitioner agreed with this amendment. The motion was made by Mr. Hummer and seconded by Mr. Sherwood. This matter is scheduled to be heard before the St. Paul City Council on March 24, 1977. Sincerely, �Gl�'"�'�`� ``� Laurence J. Jung City Planner LJJ/gf Zoning File No. 8075 421 Wabasha Street, Saint Paul, Minnesota 55102 (612)-298-4151 0 - �� PLANNING COMMISSION OF ST. PAUL 421 Wabasha St. Paul , Minnesota 55102 A meeting of the Planning Comnission of the City of St. Paul , Minnesota, was held February 25, 1977, at 9:00 a.m. in the City Planning Conference Room at 421 Wabasha, St. Paul , Minnesota. Present: Mmes. Cochrane, McGinley, Montgomery, Norton, Piccolo; Grais, Hanggi , Humner, McDonell , Prifrel , Sherwood, Stegemoellee�yan, Tvbler, and Van Hoef. Absent: Mmes. Mayne and Slawik; Messrs. Feder, Pangal . Wilkening, and Willits. Also present: George B. Leitner and G. M. Leitner of Leitner Company; Nora S. Klingner, Pauline Unger, and Faith A. Johnson of District 2; Jeffery W. Hoel and D. D. Wozniak of the Highland-Groveland/�tacalester � Cortmunity Association; L. Jung, D. Spaid of planning staff. The Planning Commission at its February 25, 1977 meeting took the following action: APPRUVED the minutes of the February 11 , 1977 meeting. Motion made by Rev. Hanggi , seconded by Mrs. Piccolo, and carried unanimously. DENIED to recomnend the petition of Marvin and Dianne Fennell to rezone property at the Northeast corner of Randolph and Macalester. Motion made by Mr. Humner, seconded by Mr. Tobler, and carried by a unanimous roll call vote. APPROVED, by a roll call vote of 15 to 0, an amended motion to recommend approval of the petition of George and Elsie Leitner to rezone property on the North side �— �� of Randolph between Milton and Chatsworth with the stipulation that upon adoption of a new Planned Unit Development Ordinance the zoning revert to Planned Unit Development. Motion was made by Mr. Humner, seconded by Mr. Sherwood, and amended by an unanimously approved motion made by Rev. Hanggi , seconded by Mr. Prifrel . Motion was made by Mr. Hummer, seconded by Mr. Sherwood, to deny the petition to rezone property on the East side of Gary Place between Iowa and Hoyt. APPROVED, by a voice vote of 14 to 1 , a substitute motion made by Mr. Bryan, seconded by Mrs. Piccolo, to refer the petition of A. & 0. Realty Company for the rezoning on the East side of Gary Place back to the Current Planning Comnittee. APPROVED the motion of Mr. Hummer, seconded by Mr. Bryan, to recomnend approval of the petition of H.R.A. to rezone property on the Southeast corner of Sherburne and Mackubin by a roll call vote of 15 to 0. Meeting adjourned at 10:20. Submitted by Donald L. Spaid Planning Coordinator f�;�� BOARD OF ZONING CITY OF SAINT PAUL ' OFFICE �f THE MAYOR CITY PLANNING DONALD L. SPAID AIP PLANNING COORDINATOR February 18, 1977 MEMORANOUM T0: Planning Commission Members FROM: Current Planning & Zoning Committee d�� SUBJECT: Petition to rezone from RM-2 Multiple Family to B-3 �eneral Buslness the followin� property: The north side of Randolph between Chatsworth and Milton. (West 12 ft. of Lot 27, and all of Lots 22 thru 26, Block 12, Mi.chel b Ro�ertson's Addition) Zoning File No. 8075 On January la, 1977, the City Council referred to the Planninq Comnission for recarrnendation a short form rezoninq petition. The petitioner was George & Elsie Leitner of 930 Watson Avenue, St. Paul , Minnesota. The purpose of this rezoning request was to classify the existing business as a conforming use and to permit a buildina expansion upon the premises. The Current Planning & Zoning Car�nittee heard this petition request on February 17, 1977. A motion was made for approval of this petition by Ms. Norton and seconded by Mr. Sherwood, and carried on a 3 to 2 roll call vote. While some discussion occur�^ed regarding the suitability of allowing a B-3 district on Randolph Avenue (the only such district along the street) , the fact that the business has prospered at this location for more than 80 years and has been well maintained, as well as having neighborhood support, were the main points arguina for ap��^�val of the petition. LJJ/gf 421 Wabasha Street, Saint Paul, Minnesota 55�02 !6121-298-41�'� �C�, � � � -.. " � . `. . . . . . . � � ' . �t.liw+,r'Y,i:.1;�� . • � ��,�',,�,'.� '. �*�+ MINUTES OF THE MEETING OF THE CURRENT PLANNING 8 ZONING COMMITTEE ON THURSDAY, FEBRUARY 17, 1977 IN CITY COUNCII CNAMBERS, ST PAUL, MINN. PRESENT• Ms. Norton, Messrs. Prifrel . Sherwood, Willits and Humner of the Current P a-T nn g & Zoning Committee; Mr. Thomas Sipkins. Assistant City Attorney; Mr. Richard Amey of the Division of Housing 6 Buildfgg Code Enforcement; Miss Fox and Messrs. McGuire and Jung of the Planni�g Staff. GEORGE 8� ELSIE LEITNER �►8075 : An application to rezone fran RM-2 to B-3 property oc1 atec�on t e nort s de ,of Randol ph bstwee�+ Mi l�on and Ch�ttsworth. The applicant was present. Thers waS nQ opRG�itipn�. Mr. Jung showed slides ofrthe sub�ecx site And re�d the staff report. Mr. Hummer asked under what part of B-3 design�tiq� did the present applitation fali , and Mr. Jung answered tha� it was 60.5Q3(f} or (g). Mr. Hummer said he thought it would be more like I-2 desiqnation and perhaps the staff was stretching it a bit to m�k� a B-3 desig�$tion applicable. Mr. Amey said that B-2 requires insiQR ��orage on1y, and B-3 includes general merchandising of light character from outside. � Mr. Mike Leitner spoke for George Leitner, his grandfather, and said this family business has been in the same location for 80 years wlth five generations participating. He said only a small addition was being requested and that nothinq was to be changed . He said the only thing the Committee found that was contrary to the rezoning request was the rear entrance, Which he said is not an integral part af the business and could be closed off. � Ms. Norton said she was not too bathered about the B-2 designation. but wondered about use of sand 8� gravel , saying it .was not �ust a bit of gravel around shrubs that was being considered. She asked what progress was being made with the possibility of coming up with a praposal for expansion of nonconforminq use. Mr. McGuire said the Committee will have to take this matter up before a long term recommendation can be made. He suggested that th�ls matter, plus the PUD proposal , should be scheduled for �he next meeting. Mr. Willits said that this section of strest waS zoned RM-2 at the last rezoning of the entire city, and he wondered if Mr. Mc�,i,�re h�d said this would be considered as mistaken zoning. Mr. McGuire 5at��} he found the idea remote, that there was no evfidence bu�t his reaction to� that kind of rezoning on such a site would be that downzoning was unintentional . Regardlng the .interpretation of speciflc use, Mr. McGuire said 1t appeared to him that .it wt�s lntentional zoning to nonconforming use of the praperty. � . � . ; Ms. Norton said that she personally did not fe�l it would be bad to have a B-3 •.. .. designation. She sald the original idaa A1� �fie P;l�nning Conmission was to have more comnercial designations alon� Ra�ndqlph, As dn alternate at the hearing, she questioned her right to mak� a piot4qn. 'twt !M. Nutnner �ssured her that her motion would be in order. _. �� .�-, George & Elsie Leitner Page 2 Ms. Norton moved to recommend approval of the rezoning request. The motion was seconded by Mr. Sherwood, and passed on a 3 to 2 roll call vote, with Messrs. Willits and Hu►r�ner dissenting. Mr. Sherwood said that he wanted ta approve the rezoning because the business has been there for so many years plus the fact that there was no opposition. Mr. Humner conmented that in deference to the people there, it is fine, but what if they sell? He said this would open up the possibility of other possible uses in a residential area that can come into a 6-3 area, and this should be considered. Ms. Norton comnented that it would have to be a B-3 designation to expand. Submitted by: Approved by: ��'�`�f� .��j1�� - k� ��`�`�Z� laurence J. Jung Otto H. .Hummer, Acting Chairman � � . � �'�� ., PIANTNING BQARD STAFF REPORT February 17, 1977 Plat Map . 9\. .'�A. ^ 8075 i. APPLICANT'S NAME : George and Elsie Leitner 2. CLASSIFICATION . X❑ Amendment � Appeal � Permit � Other 3. PURPOSE : Rezane to B-3 4. LOCATION : North side of Randolph between Chatsworth and Milton 5. LEGAL DESCRIPTION : West 12' of Lot C7, and all of Lots 22 thru 26, Block 12, Michel and Robertson's Addition 6. PRESENT ZOIQING: RM-2 7. PURSUANT TO Zoning Code Chapter: C4 Section: 210 paragraph: 8. STAFF INVESTIGATION & REPORT: Date: 2_7_77 By: L�� A. SUFFICIENCY: The appellant filed a short form rezoning request that was su scr ed and sworn to before a notary pablic on January 10, 1977 and received by the City Planning office on January 21 , 1977. B. PROPOSED USE: The appellant is requesting to rezone from RM-2 (multi-family resi entia to B-3 (general business), in order to be classified as a conforming use and allowed to expand upon the premises. The existing business can be characterized as a family owned retailer of sand, gravel , top soil , fuel & feed and miscellaneous garden supplies and equipment. C. FRONTAGE & ARfA: The frontage along Randolph is 212 ft. and the depth is :914 ft. T e total area of the lots is 24,168 sq. ft. D. SITE CONDITIONS: The mid-block site and surrounding properties are level and general y slightly above street grade. Presently, the site is occupied by a variety of attached, one-story structures extendinq along the back alley line without alley. access. These are typical storage-type buildings, some being fully enclosed and others partially enclosed. A small , wood-frame building fronting on Randolph houses the business office. The open area just to the east is the location of the proposed expansion which would consist of a small greenhouse. West of the office are two vehicular access points and open storage pits situated within the fenced premises. E. AREA CONDITIONS: The surrounding area is developed with blder, single and two-family housing on small lots. A 6-unit apartment buildinq is situated directly across Randolph. There are one or two vacant parcels in the irranediate vicinity. Nearest business uses to the site include all 4 corners of the Randolph-Milton intersection where there are 2 gas stations, a bar, and a small meat market in a B-2 area. Two existing nonconforming businesses are west of the site at the northern intersections of Chatsworth. The area behind the single-family brick houses just east of the business is being utilized for t�s�ck �t�- uipment storage for the business and has direct access to the site and the aT�y. 7his house is owned by a member of the family owning the business. ' �`�*' �e,�^� .. �� GEORGE AND ELSIE LEITNER Page 2 F. FINDINGS: 1 . Prior to 1975, this entire portion of Randolph was zoned "Commercial", and thus the present operation was a legal use. The site was downzoned to discourage expansion. 2. The business is extensive in size (more than 1/2 acre) although it occupies a mid-block location. 3. This particular commercial use has been maintained at this site for more than 80 years by 5 generations of the family. Within this time span, the business use has been successful and has maintained a reasonable appearance and rapport with the neighborhood. 4. This type business use would generally be regarded as falling under the normal "spot zoning" definition due to the inappropriateness of the use for the area it is in, rather than size of operation or site. It can be argued that this use should be phased out in time, which may or may not be accomplished by restricting further growth at this location. 5. The alley access and storage situation behind the "family house" is a point requiring attention also. This specific area is not within the current rezoning request, but is an integral part of the business operation. This portion should either cease to exist as a business use or be included pursuant to the proposed zoning. G. STAFF RECOMMENDATIONS: The Staff at this time cannot recommend approval of the rezoning based on the above findings. The stipulation relative to the storage area and alley access behind the abutting "family house" should also be made consistent with this rezoning petition. � � • • U • � • • • • • • • • • A • • • � � � • • • • • �■ r�.■�r, � ■ � � w s � • • � • • • • • • � • • • • • • • • • • • • • • • • • • • • • � � • • • + • • • • • � • • • • • • • • • v ,. - — - v �� r/i/ •�� , � • • 1 • ,, • � • • � r�% /�I � • 1 � � . � • . , � c. . .'/!✓f� • � Ol�r, �� V � ! � �A � . � � � � •� • �► .► �4 .� • • • • • . • • j• • . �j �� , A�. . A � _ � -Y-- _ - - — — -- . _ -TI�. � O A M s • • • • � • • • • • • • • • • • • • � • • • i�. i� • � � • • • 1! H h O t� • • • • • • • • • • � • • • • • � • • • 'a ! • . �� • � • A � M • • • • • • • • ! • • �� • �► • • • • • � � • � • • • • � � � � n • • • • • • • • � • • • • • • • • � • • • • � � � • • • • 1 • ., � � � . - . e ^� •e � � � � _ • � • • • • � •� . � �/�� ' • • • • • � : � � �+= ' ' � � ` . � • • � - � - • � . � _ Y - � . CITY OF SAINT PAUL � ��TY �� Q 9 � � L Rose Mix o •;.,�;;;;;p;; a Albert B. Ol�oa City Clerk and �,� -�"_�-'�° ,; Council Recorder Council Secretary v��, M1� +.« OFFICE OF THE CITY CLERK BUREAU OR RECORDS 38B City Hdll St.Paul,Minnesota. 5510� Phone�ss-.��s1 January 18, 1977 Planning Commission Grace Building St. Paul, Minnesota ATTENTION: Mr. McGuire Dear Sir: The Council referred to the Planning Commission for recommendation the attached petition of George and Elsie Leitner to rezone from RM-2 to B-3 property on the north side of Randolph between Milton and Chatsworth. ; ry truly yours, �, �-'�--k ��, � City Clerk � Attach. ; ; ABO:dcm � cc: Mr. Glenn Erickson, City Architect .-' � : �, _Er �-, ga� s � .r"": �,' �,'• ° � � ' .__...�.---"°--- �a��::°' a .a� �, . � .,.__..._.._ ,.._..��---°ow.._�. 3 ��.� � ,�. i> �� '!1'„r�t �� ,��..�'°`�� , _ , � , 1� , � ' �'�;�;�-,��-�.� � Short Form Rezoning Petition � � � b _ S�� 70 THE HONORABLE MAYOR AND CITY COUNCIL � c/o the City Clerk, Room 386 City Hall City of Saint Paul . Minnesota � Pursuant to the provisions of LAWS OF MINNESOTA for 1975, Chapter 261 , Sectio� 6, I/we the ndersigned� _being the owne�(s) of property described as J�� " � ,o ,��.1'r��,✓' ��t�.� � /� .�>" o � ,�p " � �� .�// � ` .� .� �� .z and situa, ed (describe location with respect to str�ets r intersections) �� ,�� ,� f�� //y'��'��/'�� N ro .� �.�-/� r � which property was previously zoned ��L . and under Chapters 60 through 64 of the Saint Paul Legislative Code is presently zoned • (�rl• ��/T� a more restrictive zoning classification, do hereby request that consideration be given by your honorable bodies to rezone the above described property to a zoning classtfication of � !3 under Chapters 60 through 64 of the Saint Paul Legislative Code. Subscribed and sworn--t�o before me y� � f��./, � t h i s. " C.�" cta��o f �- !� , , __,. '. ,:, . ` ' ,'� Address : �d , �c._ . ,� ,, ' ��-vt" � ��1 a L ,�t4"otary Public, Ra s y . , Minnesota �cMy-6�ommi ss ton expir.es ; < ,,,,,,,_ Tet ephone:,_ � � S �� . . . . . ..e.�: Gp ... . � ^�I :�1�IL:LJ�l�!'� � � >. `t,w� • RAMfEY COYN7'Y� 4 >/y�y� MY GOMSMIiiION aXiUtLS��'��1� � � ° Q� 'i�� ,. � o rm _ .�;�,;� ' �-�-o�-��C.. +, �� %�= by the Ci ty Attorney. . ��/ �� /� ` � � �-�,. � � . � : . :� �� ,,�v/��,�� ( .. . �.:Ui t oOTA / , ,L//� ::' .yP MSEY CUC3AITY �G �Y C0�iM1SSiON Cil(PIHEm S�,p�'.�,q�iyg� :� l/ �` �� - G�/�� CITY OF ST. PAU4 , DEPARTMENT OF FINANCE AND MANAGEM�NT SERVICE�i ASSf$SINfNT DtVIStON 113 CITY HALL ST.PAUI,MINNESOTA SSt02 �� Dc) _ March I 1, 1977 �'��i��,!�� File X1864, Page 6 Dear Citizert: As a courtesy Co yaa, and as required by lacs, we want ta notifq pott abouC a pnblic hearing �ahich msy affec:C you. ' 4:� The Council of the City of St. Paul will hold a public he�riug in the Council Cha�ers af the City Hall and Court House {thfrd floor) at 10:00 a.m. on March 24, 1977 on the: , Applieation af George and Els3e Leitner to REZO�TE the north side of Randvlph Avenue between Milton and Chatswortb Street fram RM-2 to B-3. The property fs described as follaws: west 12 feet of Lot 27 and all of Lots 22 thru 2fi, Block 12, Michel and Robertsact'� Addn. If you would like further information about this hearing, contact the Current Planning Section of the Planning Board, 421 Wabasha SLreet, or telephone 298-4154. While the Citp Cltarter requires that we notifq you af the hearfng, we wanC to help qou to learn fully about any action that could affect qoa or your community. Therefore, I sincerely hope you can attend this hearing, so that you can make your views about it known to the City Council, whether for. or against. ROBERT' W. TRUDEAU, ACTIKG .> DIKEG"�OIR, DEPARTMEl@T �T� FINA1+tCE AND MANAGEME�TT SERVICE3 ' � ��%;�9�� K'.. i�� . , `'��. �� . �- .� t�a C ITY OF SAI NT PAUL OFFICE OF THE CITY ATTORNEY MEMORANDUM H A R R I E T L A N S I N G TO: Rose Mix, City Clerk FROM: Thomas M. Sipkins, Asst. City Atty. ?N�5 DATE: March 29, 1977 RE: Enclosures Enclosed herewith is the ordinance rezoning property owned by George and Elsie Leitner from Ri�i-2 to B-3. TMS:er Encl. City Hail, Saint Paul, Minnesota 55102 612 298-5121 __ . . . ___ ____ _ �.. �. . .�.._�_.....,,e_.___� _. _ _ . � � ._,` ` � i lst C-y �� 2nd ��l � _ j 3rd �� Adop ted ��L�. � � � T- I � Yeas Nays f i BUTLER HOZZA �� C� � �-- �'� HUNT ``"� . ; �LEVINE RA��- v TEDESCO PRESIDENT (�i`LVES'�R)