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97-352�L Presented By � �': 4 � � ", £ !"`.. � �. ' �. f � , F � . . . .. ...� Green Sheet # \��� L, MINNESOTA 2 Referred To �� �C7 Council File # I� —3 S �' Ordinance # Committee: Date An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaiiung to zoning for the City of Saint Paul and the zoning maps thereo£ � 7 9 10 11 12 13 14 15 16 17 18 WI�REAS, Pursuant to Minnesota Statutes §462357 and §64.400 of the Legislative Code, DAIVIEL AND LINDA Bi7RNS duly petitioned to rezone 986 GRAND AVENUE, being legally described as Lot 2, Block 35; Summit Park Addition, from RM-2 to B-3, the petition being subsequently amended to rezone the properry from RM-2 to P-1, to allow development of a pazking lot to accommodate expansion and remodeling of the existing auto repair business at 982 Grand Avenue, the petition having been certified by the Planning Division on March 12, 1997 as having been consented to by at least 67 percent of the owners of the azea of the property to be rezoned, and fiirther having been consented to by at least two-thirds of the owners of the property situated within 100 feet of the total contiguous property within one year proceeding the date of the petition; and WHEREAS, The Zoning Committee of the Plaiming Commission held a public hearing on January 16, 1997, for the purpose of considering the rezoning petition, and pursuant to § 107.03 of the Administrafive Code, submitted its recommendation to the Planning Commission that the petition be granted; and 19 WHEREAS, The Planning Commission considered the rezoning petition at its meeting held on January 24, 20 1997 and zecommended that the City Council approve the petition; and 21 22 WHEREAS, notice of public hearing before the City Council on the said rezoning petition was duly 23 published in the official newspaper of the City on January 31, 1997 and notices were duly mailed to each 24 owner of affected property and property situated wholly or partly within 350 feet of the property sought to be 25 rezoned;and 26 27 28 29 30 31 32 33 34 35 36 37 38 39 WIIEREAS, public hearings before the City Council having been conducted on February 26, 1997 and Mazch 12, 1997, where all ittterested parties were heard, the Council having considered all the facts and recoxnmendations concerning the petition; now, therefore II�'I�K�lfl�[�I_11i]�1:1_�Zi]�.Y:\1��1771�JA�Z�]�.I.Y� '�� : 1� Section l. That the zoning map of the City of Saint Paul, Sheet Number 27, as incorporated by reference in §60301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That property with the address of 986 GRt1ND AVENUE, being more particularly described as: Lot 2, Block 35; Summit Pazk Addition �/ ?a�a1 40 be �nd is hereby rezoned from RM-2 to P-1. 3 5�— 41 q �" 42 43 Section 2. 44 45 This ordinance shall take effect and be in foYce fliiriy (30} days from and after its passage, approval and 46 publication. Bimrrecrc �. ; ! !' •. . Requested by Department of: �V-C Adoption Certified by Council Secretazy B �� a. � � Approved by Mayor: nate �f" I��� � By: By: Form Approve City Attorney BY� .2t%G°"lN�� r1�raCO—�2 Approved by Mayor for Submission to Council By: � G��� �---��• TOTAI # OF SIGNATURE PAGES FOR 3���� GREEN SH � � � �� a " INRI INRIAUDATE DEPAqTMENTDIRECTOfl �CfTYCOUNGL GINATTORNEY O CffYCLERK BUDGET DIRECipP � FIN. B MGT. SERVICES DIP. MAYOR(ORASSISTANT) � (CLIP ALL LOCATIONS FOR SIGNATURE) Adopt an ord'mance to fmalize council approval of a petition of DANIEL AND LINDA BURNS to rezone property located at 98b GRAND AVENLJE from RM-2 to P-1 (public hearings held February 26, 1997 and Mazch 12, 199� . RE Approva (A) w Aejact (R) PEHSONAL SEHVICE CONTRACTS MUST ANSWER THE FOLLOWfNG QUESTION3: L PLANNING COMMISSION _ CIYIL 5ERVICE CAMMISSION �� Nas lFiis person/iirm ever worked untler a comract for this departrnerr[? GB COMMISTEE YES NO ��� _ 2. Has ffiis person/tirm ever been a ciry employee? YES NO __ DISTflIGTGOURT __ _ SUPGORTS WHICH COUNCIL OB.IECT7VE? 3. Does tBis perso�rm possess a skill mt norrnally possessed by any wrrent c(ty employee? YES NO I Erzplalrt a11 yea anawers en aeparate ahaet a�tl attach tc green sheet �� �� t � IIiIATINO PROBLEM, ISSUF. OPPOR7UNIlY (VJho, What. When, Where, Why): Finalize council approval of a perition of DANIEL t�ND LINDA BURNS to rezone property at 986 GRAND AVENTJE from RM-2 to P-1 to allow development of a parking lot to accommodate expansion and remodeling of the existing auto repair business at 982 Graud Avenue. �������� 1�AR 20 j�9� ,���v�'d � �a-tC� � �^ ��-� �`���gf s ��..._�. , �_ ,�:.�,. � a .,<<��.� � �� i�97 ___---_��_�.>.���� �' ., • �. �� ' � < ;. OTAL AMOUNT OF THANSACTION $ COST7REVENUE BUDGETED (dRCLE ONE) Q�-�iF. )NOf47G SOURCE ACTIVITY NUMBER �ANCIAL INFOiifrfA710N: (EXGIAIN) STATE OF MINNESOTA COUNTY OF RANfSEY l ) ss ) ���� Daniel and Linda Burns, being first duly sworn, depose and state that they are the persons who circulated the within petition and consent, consisting of t�es-�c:.tr `t(,$) pages; that affiants are informed and believe that the parties described are the owners respectivefy of the fots placed immediately before each name; that affiiants are informed and believe that each of the parties described above is the owner of the property which is within 100 feet from any property owned or purchased by petitioners or sold by petitioners 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 above has purchased or is purchasing property from the petitioner contiguous to the above-described property within one (1) year of the date of the petition; that this consent was signed by each of said owners in the presences of affiant; and, that the signatures are the true and correct signatures of each of all of the parties so described. �� ������ NAME �{lV(U� NAME Subscribed and sworn to before me this 5th day of March, 1997. 3 � . � a.1� Notar� CAROLYN J KELL (( � , � NOTaav aiJBLiC—MINN£SOTA � uar.?SEY COUNTI' :�•,� b!: ,� �_... .__.,m,,,�.�.v.� 982 Grand Avenue. St. Paul, MN 55105 ADDRESS (61 21 228-1 31 6 TELEPHONE NUMBER Subscribed and sworn to before me this 6th day of March, 1997. �,�� � ,� � Notary Pub�ic CAROLYN S. KELt 4 � j�� NOTA RAMSEY COUNTY SOTA i n ('pinmiss�FxP�JAN37.2000 � � �qr��: t�N DEPAR'SMENT OF PLANNING & ECONOMIC DEVEIAPMENT CITY OF SAINT PAUL Norrrz Co[emwz, Mayor January 28, 1997 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Division of Plmverng 25 West Faurth Street Sa'vu Pau1, MN55102 c{,'�1 ' � S �- Telephone: 612-266-6565 Facsimile: 612-228d314 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday February 26, 1997 far the following zoning case: Applicant: DADIIEL & LINDA BURNS File Number: #96-289 Purpose: Rezone property from 12M-2 (multiple family residential) to B-3 (general business) to allow expansion and remodeling of the existing auto repair business at 982 Grand Avenue, Lloyd's Automotive. Address: 986 GRAND AVENLJE (south side of the street between Chatsworth & O�'ord) Legal Description of Properiy: Lot 2, Block 35; Summit Park Addition Previous Action: Planning Commission Recommendation: Approval, vote: 11-6, January 24, 1997 Zoning Committee Recommendation: Approval, vote: 6-0, January 16, 1997 My understanding is that this public hearing request will appear on the agenda for the February 5, 1997 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6582 if you have any questions. Sincerely, � �� �� Kady Dadlez City Planner Zoning Secrion cc: File #96-289 Mike Kraemer Donna Sanders , I: �� F � t�F�r' h � ' i� n� t '., �`i' --_ --- . �. - ° - - ` HOT2CE OF YUBLIC HEARITTG -. � � - - � ..-� ` -=.. � -.,.'_,�: ..: _ `_ . � T�e Saint .Paul k;ity� Council� wilt conduch a gublic rieartng on � Wec2nes�ay:�' Februazy 26. 1997, in the CouneiP�Chambers, Third Rloor Ciry HaIl to:consiQer�th� �, appllcatlbn ofDaaieYand Linda Burns to rezone propertyfrom RI13-2 (m"ultipleifamily- ' residenti2i) to�B3�(gexxeml business), to allow expansion and remodeling:of the ' . � O� au�; repair bnsiness at 9S2 Grand Avenue (sbnth��ide betwee,n Chatsivoi[h ;, Dated Januarg.28;;1997 '- _ . _ � , ' � . ,;� NAI!ICY ANDERSON , ,. � -� ,. ,,, .. _ �Assistant Qity Council Secretary � � - __ :. _ - " � _ � . � . . _. . .. - . . _ - fJa�7iary 31, 1997) . - - �` -`- � DEPARTMENT OF PLANNA*G & ECONOMIC DEVECAPMENT SaINT I I PAUL � � AApA'� CITY OF SAINT PAUL Norm Caleman, Mayor February 14, 1997 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #96-289 City Council Hearing: Division afPlannirzg 25 West Fourth SYreet Sav+t Paut, MN 55702 DAI�tIEL AND LINDA BURNS Februaty 26, 1997 430 p.m. City Council Chambers q� - 3sa. Telephone: 612466-6565 Facsimile: 6I2-228-3314 PURPOSE: To consider rezoning property at 986 GRAND AVENUE (south side between Chatsworth & Oxford) from RM-2 (residential multiple family) to B-3 (general business) to allow expansion and remodeling of the existing auto repair business at 982 Grand Avenue. PLANNING COMIvIISSION RECOMMENDATION: APPROVAL vote: 11-6 • ZONING COMMITTEE RECOMMENDATION: APPROVAL vote: 6-0 STAFF RECOMMENDATION: DENIAL SUPPORT: No one spoke. OPPOSITTON: No one spoke. District 16 supports the applicant's plans for expansion but voted to oppose the rezoning to B-3. District 16 supports rezoning the property to P-1 (pazking). Dear Ms, Anderson: � DANIEL AND LINDA BUKNS submitted a petition to rezone properry at 986 GRAND AVENiJE. The Zoning Committee of the PJanning Commission held a pubiic hearing on the proposed rezoning on January 16, 1997. The applicant's representative addressed the committee. At the close of the public hearing, the committee voted 6-0 to recommend apptoval to rezone to B-3. The Planning Commission upheld the Zoning Committee's recommendation for approval on a vote of i l-6 on 3anuary 24, 1997. This proposed rezoning is scheduled to be heard by the Ciry Council on February 26, 1997. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. 5incerely, Ken F�� Planning Administrator Attachments cc: City Council members q�-35�- city of saint paui planning commission resolution file number 97-03 �tE? January 24, 1997 WHEREAS, DANIEL AND LINDA BURNS, fi!e #96-289 have petitioned to rezone 986 GRAND AVENUE, situated on the south side of the street between Chatsworth & Oxford, from RM-2 to B-3 to allow expansion and remodeling of the existing auto repair business a[ 982 Grand Avenue; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on January 16, 1997 at which all persons present �i�are given an opportunity to be heard pursuant to said application in accordance �vith the req�irements of Sec[ion 64.400 of the Saint Paut Legislative Code; and WHEREAS, the Saint Paul Plannin� Commission, based on the evidence presented to its Zoning Committee at the public hearing, as substantially reflected in the minutes, made the following findings of fact: • The applicant oivns the duplex property To be rezoned. The applicant atso owns Lioyd's AutomoYive at 982 Grand Ae•enue, a neighborhood auto re�air sliop that has been operating for 50 years. In order to provide better service and relieve traffic con�estion the applicant plans to remodet the existing auto • repair building and combine thlt property with t6e iot to t6e west to provide off-sVeet parking for the espanded business. 7he applicant is working on plans to have the house moved to a new location in the Ramsey Hill neighborhood. The applicant intends to espand tlie number of service bays in the existin� repair garage from six to nine or ten and provide off-street parl:ing on the lot to the west. Plans include replacing the existing parking area at the northern portiott of the property at 982 Grand Avenue with die expanded bui(ding built up to tiie nonhern property line. The proposed parkin�, lot to the west, 14 spaces, would iiave ingress from Grand Avenue onfy, and egress to the a0ey. The lot, with 40 feet of fronta�e on Grand Avenue, is �toY �vide enough to provide ingress and egress at Grand Aveaue, A feiue and landscaped buffer is proposed along the western property line abutting an RM-2 zoning district. The e�isting auto repair shop emptoys nine people, one or two may be added as a result of the ex�ansion. T(ie hours of operation will remain the same afrer the expansion: 7:00 a.m, to 8:00 p.m Monday through Friday and 9:00 a.m. to 1:00 p.m. Saturday. The applicant states that the use of the property as a duplex is not economically feasible because the cost of taxes (non-homesteaded), mortgage, insurattce, and maintenance make a profitable return on the investment untikely. moved by �nCl seconded by in favor 11 a���t 6{Maddox, Mardell, Gordon, Lee, Nowlin, Geisser) • 0 ��-�s� • Zonina I=ile #96-289 Pa�e T�vo of Resolution 2. The proposed rezonin� is in conformance with comprehensive plan. Objectives and policies ofthe Economic Development Strategy include: "ensure sufficient land for future business growth" and "the city's land use plan should provide adequate land for industrial and commercial development and expansion in order to increase the proportion of commerciaUindustrial tax base." #6 & k25, pp. 16 & 17. In addition, the proposed building expansion is in conformance with the Grand Avenue Design Guidelines estabiished in ti�e East Grand Avenue Sma1S Area Pfan. One of the guideiines states, "Limit curb cuts on Grand Avenue. Parking lots should be located to the side or rear of commercial structures and have a minimum of curb cuts. For parking lots on corners, access from the side street is preferred." #22, p.4. Tlie applicant plans to locate the parking lot to the side ofthe existing commercial structure and create one curb cut; an existing curb cut to the east will be eliminated. Another guideline states, "Protect and promote block-front-setback patterns. Many blocks on Grand Avenue have both commercial and residential type structures. In terms of design, the most successful ofthese have corner commerciai structures up to the sidewalks, with smailer residential-type structures set back from the sidewalk in mid-block. This design pattern shoutd be preserved and expanded. On all-commercial blocks, buildii�gs should have no setback from the sidewalk." #2S, p.4 The applicant's plans include a building addition that will be built right up to the side�valk. 3. The rezoning of this one parcel for commercial use would not have an adverse impact on the surrounding community, particularly because it is immediately adjacent to an existing commercial • area. ]f the property were rezoned to allow a parkine lot, the applican[ would no lonaer need to park vehicles that he hasFwill service in tlie street, thus reducing parking and conoestion in the streets, particularly on Chatsworth Street. 4. The applicant submitted a sufficient petition signed by hvo-thirds of the property owners within one hundred (100) feet of thc propeRy to be rezoned (14 parcels eligible, 10 parcels needed, and l( parcels signed). 5. The off-street parkina requirement for the proposed expansion is 10 spaces. Four spaces wi1V be iost due to the building expansion. Fourteen spaces will be provided in the new lot to the west. Thus, adequate off=street parking is provided for the use. The applicant's request to have alley access for the parking lot can be evaluated during review ofthe site plan. NOW, THEREFORE, BE IT RESOLVED, by tl7e Saint Paul Planning Commission that the petition of DANIEL AND LINDA BURNS to rezone property at 986 GRAND AVENLIE, more particutarly described as Lot 2, Slock 35; Summit Park Addition, from an RM-2 zoning classification to a B-3 zoning classification is consistent with the Comprehensive Plan for the City; and BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to the Council of the City of Saint Pau1 that properiy located at 986 GRAND AVENUE be rezoned from RM-2 to B-3 in accordance nith the petition for rezoning on file with the Saint Paul Planning Division. C� 3 ��1-3s� M�nu�es: Sa►h�- i'aut Plo�►h,v►o� Co�nw��Ssian Planning Commission of Saint Paul City Hall Conference Center 15 Kellogg Boulevard West Saint Paul, Minnesota 55102 A mee[ing of the Planning Commission of the City of Saint Paul was held Friday, January 24, 1997 at 8:30 a.m. in the Conference Center of Ciry Hall. Commissioners Mmes, Birk, Faricy, Geisser, Maddox, Mor[on, Treichel and Wencl and PresenL• and Messrs. Chavez, Gordon, Gurney, Kramer, Lee, Mardell, McDonell, Nowlin, Sharpe and Vaught. Commissiouers Mmes. *Duarte and *Lund-Johnson and Messrs. *Field, Jr. and Schwichtenberg Absent: *Excused Also Present: ICen Ford, Planning Administrator, Jean Birkholz, Kady Dadlez, and Roger Ryan of tlie Planning Staff. I. ApE�rova] of Minutes of January ]0, 1997 MOT[ON: Commissioncr Maddox snoved approval oF thc minutes of January 10, 1997; tl�e motion was seconded by� Commissioner Treichel and passed unanimously on a voicc votc. II. Chair's Announcements Steering Committee Meeting Report: Fifth Friday is scheduled for next Friday, January 31, 1997, from 8:30 a.m. - 10 a.m. Discussion on the revision of Saint Paul's Comprehensive Plan is on the agenda. The Fifth Friday in May will a(so be devoted to discussion of the Comprehensive Plan. - STAR Board: Frank Gurney will not be able to continue to represent the Planning Commission on the STAR Board. Chair McDonell asked members to call Roger Curtis in the Mayor's Office, 266-8531, if interested. Commissioner Gordon expressed interest in applying for the position. III. Planning Administrator's Announcements Mr. Ford announced: • • - Alter Trading Corporation filed a complain[ against the City of Saint Paul lasf week • challenging the moratorium which the City established on permitting recycling centers ��-�s � • with metal shredders and a number of other environmental related decisions. - Tn the meantime, the Planning Commission will proceed with the rezoning scudy the Ciry Council requested on metal shredders. - The Mayor has sent his recommendations on Planning Commission appointments to the Cit}' Council. The process wilt be finatized in approximately 2-3 weeks. - The Neighborhaods Conference is tomorrow. Commissioner Vaught requested a copy of Alter Corporation's complaint. Chair McDoneil requested one for each Commission member. Mr. Ford will look into the request. Chair McDonel{ stated that copies of a Ne�v York Times article, "What's Doing in Saint Paul" will be made available and sent out thanks to Commissioner Geisser. IV, 2oning Comn�ittee 1196-289 D�niel and 1 ind� i3urns - Rezone dte property from RM-2 to B-3 [o allow expansion and remodeling of the existing auto repair business at 982 Grand Avenue (986 Grand Avenue). ]1fOTfON: Cominissioncr 1i'encl moved approval of thc requested rezoning from Rhi- • 2 to I3-3 to allow expansioti and remodeling oF tlie existing auto repair business on Grand Avenue. Commissioner Wencl reported diat the District Councii voted to support a P-1 tezoning instead of a B-3, however, the 2oning Committee voted 6-Q to approve the rezoning to B-3. Commissioncr Geisser believes this request to rezone should be denied. She explained the relationship of this case to the East Grand Avenue Smal{ Area Plan, which is now part of thc Saint Paul Comprehensive Plan. Commissioner Geisser described Grand Avenue as a "unique" section ot Saint PauL She handed out a portion of the East Grand Avenue Sma11 Area Plan that was written to recognize and protea that "unique" quality. Although she finds the pian flexible, Commissioner Geisser proceeded to read parts of the plan that conflict with this case: (p. 1. col. 2) Description of a conservation area; the block where this auto repair business is located: .....it protects these areas from significant change......the current zoning is appropriate.......rezonings and variances should not be supported.......the design guidelines should be adhered to. (p. 2 under Zoning and Land Use): 1....we need to protect these Areas from less restrictive zoning.......should be protected from the expansion of B-2 and B-3 zoning. 2.....reinforces the intent to remove B-3 from anywhere on the Avenue. 3......cannol have premamre demolition of buildings. • (p. 3): 12......establishes that P-1 is used for parking locs. 13.....establishes the fact that there should be no parking lots in conservation areas. 14......recommends that houses no[ be removed to allow for parking lots. � l 9�-�5� (p.4): Grid diat shows conservarion areas Commissioner Geisser's intent was ro show [hat this rezoning is inconsistent with the East Grand Avenue Small Area Plan. She noted that having served as the Chair of [he East Grand Avenue Task Force, it was quite apparent that the group's choice was for a11 B-3 zonings to be removed from the Avenue, And the evolution of Grand Avenue was not ro increase auto repair statioas. Since diis request asks for an expansion of an auto repair station as wel! as permission to demo�ish a house in order to provide additional parking, it is inconsistent with the plan. The plan ctearly states [hat houses are not to be removed to provide parking. A study at that time proved the gain of only 7-9 spots when a house is demoiished, which is hardty sufficient reason for destroying a house. Comntissioner Geisser found Summit Fiill's decision of P-1 over B-3 to be compromising but just as problematic and inconsistent as the request by Mr. Burns, because it also calls for die removal of a house to provide parkina. J Commissioner Geisser wamed Commissioners that shoufd this property be rezoned to B-3, it will ahvays be B-3, which means that any use allowed in a B-3 zone would be permitted on this property, including a fast-food restaurant. Past food restaurants are also not allowed by the Gast Grand Avenue Small Area Plan. She pointed out that a conservation area on Grand Avenue maans that the block is residentia] except for the corners, and encroachment into d1e block from thc ends is not d�e intent of d�is plan. She noted that once this precedent had been set, it could have far-reaching effccts. . Commissioner Geisser's concerns ref7ect Irer passion and conviction to cherish the jewe( oF Saint i'aul by adherino ro the guidetines deveioped by devo[ed pcople on the task force wlto spen[ many long and iatensc hours developing and dclibcrating over thcse specific guidelines in I989. Commissioner Vaugh[ commented that he believes Commissioner Geisser has overstated thc case for her position in at least three cases: 1) her statement that the Last Grand Avenue Small Arca Plan is flexihlc. He stated that in his opinion the plan is very inflexible, and that it is it's inflexibilit} that leads ro discussions such as today's. Ie invites itself to read as though it were a piece of conerete and noc a piece of paper. 2) Several times Commissioner Geisser referred to"demolishing° the house in question. He noted that it is his understanding that the plans are to move the house, not demolish it. 3) 7'he fast food restaurant business. He added that fast food restaurants may be located in B-3 zones, but they may be located in B-3 zones, only subject to special conditions, which means [hey must acquire a special condition use pertnit through the process of application, a pablic hearing before the Zoning Commiitee, and probably also a pablic hearing before the City Council because such a requesf would cercainty be appealed by Grand Avenue residents and basiness peopie. Commissioner Vaught continued to take the Commission through the rezoning process: any rezoning can either be initiated by the Cin• Council, by the Planning Commission itself, and, the most common way, through a peticion of abutcing or adjacenc property owners. In this case, there are 14 property owners within the circumference of property owners who • needed to be consulted regarding the rezoning procedure. Unless the requisite number of those property owners approve a rezoning, it doesn't get any farther in the process. In this case, 11 property owners signed their approval of the B-3 zoning, which meant the rezoning � ��-�sa— • could move forward. It was put onto a Zoning Committee agenda. Ten days before the case is to be heard, the matter is sent out in a notice to the relevant district council for their consideration and recommendation. In this case, the Land Use Committee of che Summit Hill Association considered Ihe matter first. At a meeting where there was a full presentation by the applicant, tlie Land Use Commitree voted [o support the change to a B-3 zoning. Next, [he full board of the Summit Hill Association heard the case without benefit of a full presentation. The recommendation of the Land Use Committee to support the ctiange to B-3 zoning was defeared by a very close vote. Then, at that same meeting, the district council voted to approve [he P-I zoning. This is very significant. No one immediately aPfected and/or interested in this change is encouraging us to follow the inflexible guidelines of the East Grand Avenue Plan. Anyone in question is supporting something efse and these are people much closer to the issue than is die Planning Commission. Commissioner Vaught encouraged the Commissioners to support the B-3 rezoning. Commissioner Chavez commended Commissioner Geisser on her presentation. He felt that since there apparently were such strong feelings and concerns regarding ti�is issue, she or someone else should have been at the Zoning Committee to provide testimony. Conm�issioner Gumey stated Ihat he went to tlte Zonino Commitcee meeting convinced tha[ the pruperty, at tha very best, should be zoned P-L At [he meeting he was told Ihat if ci[her one of dic lots in question were to be modified in the fumre, they would need to go • d�rougl� a��other planning process, including site plan review. Tfiis fact convinced him there was a safeguard for the neighborhood. He supports dle R-3 rezoning. Convnissioncr Gordon noted that he is very troubled by this and he will speak and vote in opposition to thc motion to rezone to B-3. He rciterated the Mayor's word [hat Grand Avenue is the "gem" of Saint PauL The unique mix which has taken years to develop on Grand Avenue needs special attention and should not be changed unless there is good reason. He noted Ihat the East Grand Avenue Small Area Plan of 1989 takes diose special considerations into account and has set up guidelmes to reFlect the unique characteristics of this very special A� enue. The plan takes into account die greater good of the City of Saint Paul and that particular neighborhood. He also commenred diat if the Planning Commission expects others to pay attenuon to the small area plan guide(ines, then the Commissioners, in their decisions ought also to pay attention ro these smal( area plan guidelines. If, on the other hand, the Commission i�nores the plan's guideiines for no good reason, then it should not be surprised when everyone else ignores them for no good reason. He s[ated that if the Commission is going to depart from the guidelines, there ought ro be a good, legitimate justification for doing it. He questioned the good, legitimate justification for departing from the guidelines in this case. Is a parking lot good, legitimate justification? Upon examining the site plan, he said he found that the on(y thing the duplex propetty wili be used for is parking, 14 parking places. Commissioner Gordon feels that the East Grand Avenue Small Area Plan was called to the attention of the Zoning Commitree, contrary to what Commissioner Chavez said, by staff on • page 2, finding �`2 of the staff report which states that the proposed rezoning is not in conformance with the comprehensive plan. He does not find jus[ification in removing a very nice older home, eliminating 2 residential units from the City, for 14 parking places. He thinks that does not make sense; is a bad decision, and is the kind of a bad decision that 1 ��-��� • Nie City Council looks at and wonders, `What are they doing in that Planning Commission?' Contmissioner Gordon aiso thinks [hat there is enough space between the end of the business building and the a[fey to park cars, and presumably there is also space for parking cars at other nearby busiaesses the Burns' own. He does not think the justification for additional parking is legitimate. Commissioner Gordon noted that he is atso very concerned about the B-3 zoning because rezoning is the single biggesc step that enables a fast food type operacion or any other such use to take place. A special condition use permi[ is much easier to obtain, and the Commission is much more wlnerable in denying a SCUP in the future, afrer the property is already rezoned, than we are right now in simply refusing to permit the rezoning. He said that when a B-3 zone is created, it invites B-3 uses. He stated that he is also troubled because staff very clearly recommended denial and gave very specific reasons for that denial. However, the Zoning Committee report does not list the reasons for the Committee rejecting staffs recommendation; there's no discussion. He is concerned that the Zoning Commit[ee hss noc adequately justified the failure to abide by die staff decision. He also noted diat there is no supporting data for the statement that the duplex is not economical. He finds [tiat unacceptabie. Commissioner Gordon noted, too that a(though there is a reference to die Burns' "working • on platts to [novc dic house", therc is no written commitmenc to do so. Of the 11 of 14 who sapported the peti[ion, Comrr�issioner Gordon understands that severat of those 11 are other businesses who would welcome the opportunity to have cars visiting their businesses taking [he places vacated by the cars that are parked there for Mr. Burns' business. Hc also understands that the motivation of a number of the neighbors who signed die pctition �vas to get cars off the street. He sees this as narrow self inrerest and not in the interest of ihe Ci[} or ihat community. Commissioner Gordon encouraaed members of the Zoning Committee to revisit their decision. He quoted Justice Frankfurter, "Wisdom too often never comes, therefore it shouid not be rejected merely because it comes late." Commissioner Kramer noted that if there had been a similar provision in the East Grand Avenue Small Area Plan as the Commission provided for in the recently adopted Thomas Dale Small Area Plan, that said if the District Council and a developer come up with a proposal they matually agree to that the Commission would accept that, then we wouldn't be having this discussion. Commissioner Kramer aiso no[ed some things were not mentioned: - the proposed expansion inclu@es a$400,Q00 addition to the block, which inclades a remodeling of the existing building and facade and requires a]0-foot setback from the • nex[ residential property line. - he doesn't think it is tegal to park 10 cars behind a duplex unless it is rezoned. 0 + �I `Z ^ ^,�� �-. • Commissioner Lee thanked Commissioner Gordon for doing his homework and Commissioner Geisser for bringing the small area plan to the Commission's attention. He questioned why a B3 zone was petitioned for instead of a P-1, since parking is what he says he needs. He said he will vote against the motion. Commissioner Vaught reminded Commissioners that the small area plan is merely a piece of paper, tl�e expressed ���ill and opinion of the people who worked on it from tt�eir perspective in 1989. He continued to say diat today we have in (he application to zezone, the judgments and opinions of 11 of the 14 abu[ting property owners from 8ieir perspective in 1996. He stated that he ofren sees wid�in the Commission's deliberations the attimde tfiat any residential use is to be favored over any commercial use, no matter what, and that any philosopl�ica( adherence [o any residential use is more righteous than any commercial use, no matter what. He disagrees with that attitude and urged Commissioners to listen ta the opinions ot'the property owners of tlie abutting property, no matter what Ihe use of that �roperty. Commissioner Geisser commented d}at she feels she is representing a siient majoriry. She knows thcre are a number of people who did not pnrticipate in the process who feet very strongly about tliis issue. She chatlznged Commissioner Vaught's statement that Ihe Conm�ission always secros to favor residences over athec uses. She thinks qiat the mood is centered around whatever businesslcommercial development says. Regarding itexibility, slie referred to anothcr part of tf�c East Grand Avenue Small Area Pi�n, wl�ere it is c{ear that thc rationale u•as to maintain thc residents. The task force felt very strongly diat this • avenue cannot succecd unless is a criticat mass of residents. There are some potentiai redcvclopmcnt areas. Comntissioncr [Jowlin stated tfiat hc is intrigued by the debate, howevcr, it seems to pi[ planning versus zoning. He thinks that the debate is covering the wrong thing. It's a zoning question, but flie overarching issue is whether or not d�e small area plan shouid be amended and/or whether or not the zoning ordinance shoulJ bc amendcd. [=rom a City- widc perspective, dre issue seems tu reall}' be whethcr �ve shouid sacriFicc this duplex for morc {�arking, but that's not dic question here. He also doesn't agree that this request is abtiulutel}� inconsistent with the small area plan. He thinks the issue should be tabled until more infonnauon can be obtained. Comnussioner Mardell added, considering the uniqueness of Grand Avenue and taking the lon� term view, t�e doubts if the existing use or [he expanded use, is the highest and bes[ use of tl�e site. As co-chair of the Selby Avenue Task Force, he has become much more sensitized to smafl area plan guidelines, so he will vote in opposition to the mo[ion. Commissioner Wencl tead a paragraph from a letter to the Zoning Committee sent by the Summit Hill Association, for the Commissioner's consideration: While rezonina from residentia( to commercial is in fact against the district plan, it was aereed tha[ this proposal would not be detrimental, but would rather enhance the livabi(ity of the neighborhood by improving the aesthetics of the repair shop, by • minimizing auto access from Chatswonh, and by getting cars off the street. It was determined that this proposal would not intensify commercialization, but rather would help to mitigate the traffic and parking problem that currentty exists. c, i ���3��- Commissioner Treichel commented that in order to balance the scenerio that has been piayed out ltere in discassion that Mr. Burns a•ii( do this rezoaing, sell the properry, and then God knows what's going to happen, she will counter that with the scenerio that maybe Mr. Burns has three sons and he wiil pass the business onto them, and maybe that business will be there for another fifry years. She intended to get across that this is not a slippery slope, and she is bodiered by the Commission allegging that people witl not continue to do tivhat they say [hey tvill do. C6air DlcDonell ca!!ed for a roll call vote. The motion to approve the requested rezoning of property from R�t-2 to B-3 at 986 Grand Avenue carried on a roll call vote of 11 - 6(11laddos, l�tardell, Gordon, Lee, Noa�lin, Geisser). Chair McDonel( noted that the Planning Commission's passion and discussion of the tast issue w�as superb, but it also pointed out that where the zoning ordinance now is the preeminent decision maker, under the new guidelines from the Metropoiitan Counci[, the planning documents will be preeminenc. Commissioner Nowtin rei[erated the imporcance of Commissioner Kramer's point thac flexibiliry be contained in tliese small area plans. He suggested tl�at there be a vehicle in piace ro assess or to change the plans. � �� Commissioner Wene( reminded Commissioners that a rezoning goes to the Ciry Counci[ for their approvai, as well. • N96-290 Macales[er Colteec - Modification of Speciai Condition Use Permit to allow a t0 foot setback from tl�e southerly property Iine to accommodate building changes relating to thc south interior staircase of a new residence hatl (Cambridge Street between Summit & Grand; zoned R-3). Coatmissioner Wencl reported that this issue was iaid over urttil dre February 20 Zoning Committee meeting. 1196 ?91 Reinhard Kreuser - Nonconforming Use Pemtit to establish a contracror's exterior remodefing business as a legal non-confotming use on the property (843 Lexittg[on Parkway Soudt; zoned R-4j. NfOTtOti: Cocncriissioner LVenct mo��ed approval, with three conditions, of the requested nonconforming use permit to establish a conYractor's exterior remodeling business as a legal nonconforming use on the property at 843 Lexington Parkwa}', svhich carried unanintously on a voice rote. Commissioner Morton announced there is no agenda at this time; the next Zoning Committee meeting will not take place until February� 20. `'. Comprehensive Planning and Economic Development Committee No report. . f� `��' � � � MINUTES OF THE 20NING COMMITTEE CITY COUNCIL CHAMBERS, SAINT PAUL, MINNESOTA ON JANIIARY 16, 1997 PRESENT: Mmes. Farcy and Wencl; Messrs. Chavez, Gurney, Kramer and Vaught o£ the Zoning Committee; Mr. Warner, Assistant City Attorney; Mmes. Dadlez and Sanders and Mr. Ryan o£ the Planning Division. ABSENT: Field, excused Morton, excused Time: 3:38 - 4:40 p.m. The meeting was chaired by Barbara Wencl, Vice Chairperson. D,� BiRN9 D N7 uD NDA• 86 rand Av nue• so� hcidP be w n('ha cwo h and Ox£ord: #96-7.89� Rezonina. Rezone the property from RM-2 (residential) to B-3 (general business), to allow expansion and remodelling of the existing auto repair business at 9&2 Grand Avenue. Kady Dadlez, Planning Division staff, reviewed the staff report and presented slides. Staff recommended denial of the petition to rezone to B-3 based on findings 2, 3, and 4 of the staff report. The Summit Hill Association voted to approve the applicant's plans for expansion and parking, but did not support the petition to rezone to B-3. The Summit Hill Association supports the project provided the property is zoned to P-1. Commissioner Vaught asked if the property were rezoned to B-3, whether the combined square footage of the two lots in question as B-3 would be sufficient, and whether requirements would be met so as to allow a fast-food restaurant to locate on that corner. Ms. Dadlez responded that there is not a minimum 1ot size for a fast-food restaurant, however was uncertain how a drive-thru and the required amount o£ parking would be configured, but that it would be properly zoned for such a purpose. Commissioner Vaught further asked that if the duplex property was rezoned to P-1, whether it could be reasonably configured along with [he B-3 zoned lot, using the P-1 for parking for a£ast-food restaurant and using the B-3 property for the building. Ms. Dadlez responded that one criteria would require 100 feet of frontage along the principal access street, and that this condition would be met. Commissioner Faricy asked where other conservation areas were located on Grand Avenue, �i�t-�5� �-- �����' • Ms. Dadlez wasn't certain about the locations of all conservation areas but noted that the entire block between Chatsworth and Oxford on Grand Avenue is a conservation area, on 6oth the north and south sides, Mr. Ryan concurred, however with the exception of the corners which are developed commercially. Commissioner Vaught surmised that the intention of the district plan is that conservation areas remain as they are wi[hout any additional commercial encroachment upon the existing area, and that a conservation area is a more rigorously intended protection of property than the normal zoning controls that exist along Grand Avenue. Staff agreed with this determination. Ms. Dadlez explained that what is meant by a conservation area is that the mix of uses and of architecture on Grand Avenue is the epitome of what Grand Avenue is, and that it is to be preserved. There should not be any change between residential and commercial, and it references not providing parking in that block. Commissioner Vaught asked that if the request for rezoning to B-3 were to be granted, and the building were remodeled as proposed, whether the building would be flush with the property line on Grand Avenue, and whether it would be consistent with the other three corners of the intersection. Ms. Dadlez responded that it would be flush and consistent with the design guidelines in the sma12 area plan. Brian Alton, attorney for Linda and Daniel Burns, who were also present, . spoke. Mr. Alton reviewed that the business has been located a� this intersection for 50 years and that Mr. and Mrs. Burns intend to renovate the property at a cost of approximately $400,000. One curb cut will be removed from Chatsworth Street and one curb cut wi11 be moved down Grand Avenue further away from the intersection which they believe will improve traffic flow and allow for some additional parking on Chatsworth. He reviewed that th= rezoning and renovation will permit moving customers' cars for Lloyd's Automo*_io off of the side street as there is currently a lack of off-street parking and wi1l relieve some congestion from the street, The applicant believes the proposal will improve the neighborhood significantly and will also improvz th� character of the intersection. John Coleman, Ankeny Kelly Architects, displayed and reviewed design rend2rin9s of the proposal, Mr. Coleman pointed out that discussions are underway regarding moving the duplex to the cathedral area to be reused as housing. Mr. Alton addressed the issue of whether a fast food restaurant could be put on this property. It was determined that a minimum of I00 feet of frontage on its principal access street would be met. However, he noted that there would be special conditions that would need to be met as well as that it would require a special condition use permit, and felt the likelihood of a£ast foot restauran*_ being approved at that location to be remote. Mr. Alton reviewed that the applicant prefers B-3 zoning over P-1, because conditions associated with P-1 would limit their ability to use their property most efficiently. He noted that P-1 would not allow a sign on the site as . 2 '` - � � -'3 S �-- �� � • they intend to do. In addition F-1 would allow no structures on a P-1 lot� � He reviewed triat currently there is no intention o£ putting a structure on this site, however in the future something such as a vestibule may be desired and would not be allowed. The agplicant grefers that both lots be consistent with one zoning classification. Mr. Alton referenced finding no. 3 of the sta£f report, "...Rezoning of this property, however, and of other similar properties, proposals for which are 1ike2y to follow, could cumulative2y have an adverse impact by disrupting the baZance of commercial and residential uses on the avenue." noting that this finding was used to support denial of the rezoning. He argued that the committee should not consider potential rezonings for the future as a basis for considering this rezoning request. Commissioner Vaught observed that a P-1 zoning would carry with it less opporCUnities for intensive use than B-3, however he asked Mr. Alton to substantiate whether a P-1 zoning would in any way precl�de or affect the proposal for the subject property. Mr. Alton agreed. Commissioner Faricy asked how the cars would be transported from the parking area on the western side of the building around and into the bays on the eastern side. Mr. Alton reviewed that customers would park their cars in the lot and leave • them there until a service person would drive them into the service bay. The plan is to use the alley to come around the back of the building, much the same way as it is done currently. He said that in the event the site plan is not approved, that there is enough space to allow the maneuvering to take place on the site without using the alley. Commissioner Gurney asked for clarification regarding petition signatures for 990 Grand Avenue, as well as the asterisked signature £or 993 Lincoln, and whether the asterisk referenced a condition. Mr. Alton reviewed that James Rubin is purchasing the apartment building on a contract for deed, which is next door to the site proposed to be rezoned. City sta£f determined that the signature of a contract-for-deed purchaser was not sufficient but needed the fee owner. The fee owner is Francis Difveney, and was signed by his attorney. Mr. Alton said he was not aware of any significance meant by the asterisk. Commissioner Kramer asked whether a variance could be issued with respect to the sign restrictions in P-1. Mr. Ryan responded that if apglication was made for a variance that the Planning Commission would have the ability to grant it. Chris Trost, Executive Director of the Summit Hill Association, District 16 Planning Council, spoke. Ms. Trost referenced the letter submitted by John Siekmeier, President of the Summit Hi11 Association, that was distributed to . the committee. Ms. Trost reviewed that the Summit Hill Association was 3 f3 �f'!- ��� �� ���� opposed to the request to rezone 986 Grand Avenue to B-3 because of the lack of restrictions on a B-3 zone. The letter states that all of the zoning studies on the avenue and the resulting changes that have occurred, have attempted to limit or reduce the number of B-3 parcels on the avenue, with some of them having been reduced, and that rezoning must be considered in the long-term. Ms. Trost emphasized that the Summit xill Association supports the proposed remodeling and expansion, and they believe the business is an asset to the neighborhood and the success o£ that business is in the best interest of the neighborhood. The Su�r�mit Hill Association recommended that 986 Grand Avenue be rezoned to P-1 in order to accommodate the proposal. Ms. Trost reviewed the paragraph that: "Whi1e rezoning from residentia2 to commerciaZ is, in fact, against the District Plan, it was agreed that this proposal wouId not be detrimental, but rather would enhance the livability of the neighborhood by improving the aesthetics of the repair shop, by minimizinq auto access from Chatsworth and by getting cars off the s[reet. I[ was determined that this proposal wou2d not intensify commercia2ization, but rather would he2p to mitigate the traffic and parking probleln that currently exists." Commissioner Vaught reviewed with Ms. Trost the process that the Summit Hill Association followed to arriv< at its recommendation. Commissioner Vaught revisited a previous rezoning request that was not approved by the committee for property on the north side of Grand Avenue between Milton and victoria. He recalled the opposition for that rezoning • from the district council, reviewing that a strong foundation to the district council's lack of support was that the rezoning was vio2ative of the district plan. Whereas, in reviewing the Summit Hill Association's position of support for a P-1 zoning in this case, he observed it to be a departure from the district plan. Rs these two positions were znconszstent he said it would affecc the cre3ibility that he'd place on the Summit Fiill Association's recommendation. Ms. Trost responded that the board made the motion fully realizing that it was in opposition te the district plan an3 the small area plan, What the board attempted to do was deterraine whether the proposal would be detrimental to the immediate communi�y and to the community as a whole. They determined that not only would it not be detrimental, that it would be an advantage and the community would benefit from it_ Traffic and parking are onz of the greatest problems that are present on Grand Avenue and in the Summit Hill neighborhood and it has been with their goals and objectives for years that they wi11 do wha[ever they can, or that they will make it a priority [o solve or mitigate the traffic and parking problems. The board felt that this proposal helped to mitigate a traf£ic and parking problem. Ms. Trost compared the two proposals for rezoning. She said that the petition to rezone 885 Grand Avenue was seen as an extreme intensification of commercialization by the Summit Hi11 Association, as that proposal was to bring new businesses into the neighborhood. They felt that realistically they would not be providing the parking that was needed for that proposal (although they had on paper) and that it would also intensify the traffic ar.d parking problem that currently exists. The two proposals were seen as very different � 4 �� q� ,� for those reasons. ����r � Commissioner Vaught asked why he shouldn'[ put more credence in the ii of 14 signatures of the immediate abutting property owners who support a rezoning to B-3, notwithstanding the fact that it also is not in consort with the district plan, Ms. Trost responded that the recommendation of the Summit Hill Association is based on the knowledge of the potential in trie future, and she was uncertain whether the neighbors have also considered this. The applicant chose no rebuttle. There was a brief discussion of the present zoning for nearby properties: Cherokee Bank, across the street from the proposed property, with a parking lot behind the bank and a drive-in facility to the west of the bank. The property is zoned B-1 from the frontage on Grand to the alley, which includes the drive-in banking facility. Nearby property owned by Sherman Rutzick, that also has a parking lot behind it. This is zoned B-2C. • Mr. Ryan reviewed'that there is a B-2C on Chatsworth next to the alley and there is_also a B-2C next to Rutzick's building where the parking lot is. The southeast corner is B-2. Commissioner Vaught moved approval of the petition to rezone ta H-3. Commissioner Gurney seconded the motion. Commissioner Chavez referred to the staff report and asked why finding no. 4 supported staff's recommendation for denial. Ms. Dadlez responded that the current use of the property is a duplex, and that the current zoning allows for the reasonable use, and that what is located there now is a reasonable use of the property and isn't necessarily a reason to rezone it. Commissioner Vaught said he did not £ind that to be critical to a findinq oP a B-3 zone. Commissioner Vaught said he didn't think the issue of what the district plan says ought to control in this case, and that is also the position of the Summit Hi11 Association, although they don't agree with B-3 zoning. C� 5 e �� J ✓ V Commissioner Gurney asked if the applicant were to want to put a car p��� � the parking side where the duplex currently is, and if zoned B-3, whether a Z ` � site plan review wouZd be required, which would include comp2iance with the sign ordinance. Ms. Dadlez responded that a site plan review would be required. Commissioner Vaught noted that although a fast-food restaurant would be an allowable use under a B-3 zoning that certain other requirements would require revisiting of any such proposal. Ms. Dadlez noted triat the motion excluded any reference to the comprehensive plan, and that she was uncomfortable rezoning property without it being consistent with the comprehensive plan_ She noted that there are citations in the staff report that discuss the design gui8elines, and also citations from the economic development strategy that she wouZd like to see referenced in the resolution. Commissioner Vaught said that his intent was to excise from the findings those things that were inconsistent with a rezoning to B-3 and that any findings that are not would remain and would be amenable to including anything that she felt pertinent. Commissioner Kramer said he would support the motion. However, he said it concerned him when the committee votes against a district plan, but noted that sometimes rigidity is written into plans, and it becomes necessary. He . pointed out that the Thomas Dale plan was adopted recently where this was not done, but a provision was added which helps prevent situations such as this from occurring. The motion recammending approval of the petition to rezone to B-3 carried on a voice vote of 6 to 0. Drafted by: l S�- ➢onna Sanders Submitted by: ����� xady Dadlez Approved by: Barbara Wencl Vice Chairperson • 0 � '�S� • ZOL3ING CO�SITTES STAFF REPORT ___________°__-__�___________ FILE # 96-284 1. APPLICANT: DANIEL AND LINDA BURNS DATE OF HEARING: O1/16/97 2. CLASSIFICATION; Rezoning 3. LOCATION: 986 GRAND AVENUE (south side between Chatsworth & Oxford) 4. PLAN2SING DISTRICT: 16 5. L$GAL DBSCRSPTION: Lot 2, Block 35; Summit Park Addition 6. PR858NT ZONING: RM-2 ZONING CODB R8F8RSNC8: 64.400 7. STAFF INVESTIGATION AND RBPORT: DATE: 1/9f97 BY: Kady Dadlez 8. DATE RECEIVSD: 12/09/96 DBADLINB FOR ACTION: 2/6/97 ==5________________________0======__ _____�__°_____________________�__�__�_________________ A. PURPOSE: Rezone property from RM-2 to B-3 to allow expansion and remodeling of the existing auto repair business at 982 Grand Avenue. B. PARCSL SIZB: The property has 40 feet of frontage on Grand Avenue and is 150 feet in depth for'a total lot area of 6,000 square feet. C. SXISTING LaxD IISS: The property is occupied by a two-story wood structure which is used as a duplex residence. D. Si7l2ROUNDING LAND IISS: North: Cherokee Bank in a B-1 zoning district and apartment buildings in � an RM-2 zoning district. East: Auto repair shop in a B-3 zoning district and a variety of commercial uses in an B-2 zoning district. South; Predominantly single family homes in an RT-1 zoning district. West: Small apartment buildings in an i7M-2 zoning district. E. ZONING COD& CITATION: Section 64.400(a) states in part, "the council may, from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed." Section 64.400(b) states in part that "an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned." • F. HISTORY/DISCIISSION: There is one pYevious zoning case concerning this � ��-'��� Zoning FiTe #96-269 Page Two property. The case involves a petition in 1992 to rezone the duplex property to B-I (later revised to B-2C) to allow a bridal shop and shop which designs and creates bridal veils and pageant gowns. The planning commission recommended approval but the city council denied the rezoning petition. G. DISTRICT COIINCIL RHCO2�NDATION: The Summit Hill AssOCiatiori vOted t0 approve the applicant's plans for expansion and parking but does not support the petition to rezone to B-3. The association supports the project provided the property is rezoned to P-1. H. FINDINGS• 2. The applicant owns the @uplex property to be rezoned. The applicant also owns Lloyd's Automotive at 982 Grand Avenue, a neighborhood auto repair shop that has been operating for 50 years. In order to provide better service and relieve traffic congestion the applicant plans to remodel the existing auto repair building and combine that property with the lot to the west to provide off-street parking for the expanded business. The applicant is working on plans to have the house moved to a new location in the 12amsey Hi71 neighborhood, � U The applicant intends to e�cpand the number o£ service bays in the • existing repair garage from six to nine or ten and provide off-street parking on the lot to the west. Plans include replacing the existing parking area at the northern portion o£ the property at 982 Grand Avenue with the expanded building built up to the northem property line. The proposed parking lot to the west, 14 spaces, would have ingress from Grand Avenue only, and egress to the alley. The lot, wi.th 40 feet of frontage on Grand Avenue, is not wide enough to provide ingress and egress at Grand Avenue. A fence and landscaped buffer is proposed along the western property line abutting an RM-2 zoning district. The existing auto repair shop employs nine people, one or two may be added as a result o£ the expansion. The hours of operation will remain the same after the expansion: 7:00 a.m. to 8:00 p.m Monday through Friday and 9:00 a.m. to I:00 p.m. Saturday. The applicant states that the use of the property as a duplex is not economically feasible because the cost of taxes (non-homesteaded), mortgage, insurance, and maintenance make a profitable return on the investment unlikely. 2. On balance, the proposed rezoning is not in conformance with comprehensive plan. The East Grand Avenue Small Area Plan, 1989, identifies the subject property as being located in the "conservation area." The plan states, "Conservation areas are where existing land use is established and site and building design is consistent with the Grand Avenue design guidelines. This plan seeks to protect those areas from • significant change. The current zoning is appropriate in these areas. t �� a � ��sy . Zoning File #96-289 Page Three Rezonings and variances should not be supported, and the design guidelines should be adhered to." #1, p.1. Zoning and Land Use recommendations o£ the East Grand Avenue Plan include: "Protect conservation areas from less restrictive zoning" and `�Curtail B-3 zoning." #1 &#2, p.2. Plan recommendations relating to parking state, "restrict parking lots from conservation areas. If zoning parcels are developed solely for new parking lots, they should be limited to 'non-conservation' areas and should be appropriately screened from the street and alley" and "Restrict building removal for parking. The removal o£ historic or residential buildings solely to provide additional parking is discouraged." #13 &#14, p.3. The proposed building expansion is in conformance with the Grand Avenue Design Guidelines established in the small area plan. One of the guidelines states, "Limit curb cuts on Grand Avenue. Parking lots should be located to the side or rear of commercial structures and have a minimum of curb cuts. For parking lots on comers, access from the side street is preferred." #22, p.4. The agplicant plans to locate the parking to the side of the existing commercial structure and create one curb cut. Another guideline states, "Protect and promate block-front- setback patterns. Many blocks on Grand Avenue have both commercial and residential type structures. In terms of design, the most successful of these-have`corner commercial structures up to the sidewalks, with �- smaller residential-type structures set back from the sidewalk in mid- block. This design pattern should be preserved and expanded. On a11- commercial blocks, buildings should have no setback form the sidewalk." #25, p.4 The applicant's plans include a building addition that will be built right up to the sidewalk. Objectives and policies of the Economic Development Strategy include: "ensure sufficient land for future business growth" and "the city's land use plan should provide adequate land for industrial and commercial development and expansion in order to increase the proportion of commercial/industrial tax base.'� #6 &#25, pp. 16 & 17. 3. The rezoning of this one parcel for commercial use would not, necessarily by itself, have an adverse impact on the surrounding community, particularly because it is immediately adjacent to an existing commercial area. Rezoning of this property, however, and of other similar properties, proposals for which are likely to follow, could cumulatively have an adverse impact by disrupting the balance of commercial and residential uses on the avenue. The East Grand Avenue Small Area Plan makes clear the importance of maintaining the existing architecture and mix of commercial and residential uses in the designated "conservation area." Such a change to existing conditions is discouraged and would disrupt the mix of use and design that is the hallmark of Grand Avenue. • On the other hand, if the property were rezoned to allow a parking lot, the applicant would no longer need to park veriicles that he has/will � ". `������- Zoning File #96-289 Page Four service, thus reducing parking and congestion in the streets, particularly Chatsworth Street. 4. The existing residential zoning allows for reasonable use of the property. 5. The applicant submitted a sufficient petition signed by two-thirds of the property owners within one hundred (100) feet of the property to be rezoned (14 parcels eligible, 10 parcels needed, and 11 parcels signed}. 6. The off-street parking requirement for the proposed expansion is 10 spaces. Four spaces will be lost due to the building expansion. Fourteen spaces will be provided in the new lot to the west. Thus, adequate off-street parking is provided for the use. The applicant's request to have alley access for the parking lot would be evaluated during review of the site plan. 'I. STAFF RSCOb4�NDATION: Based on findings 2, 3, and 4 staff recommends denial of the petition to rezone to B-3. � Addit3onaZ Informatioa � If the rezoning is approved, a special condition use permit will be reguired since the floor area of the building is expanding by more than 50 percent. The Planning Administrator would process the permit administratively rather than require a second public hearing since the planning commission is holding a public hearing on the rezoning petition currently. The planning commission amended its rules of procedure in 1984 to delegate authority for the approval of special condition use permits to the planning administrator in all cases where public hearings have been held in which the commission has recommended, and the city council has approved, a rezoning specifically for a special condition use. Section 60.54a{18) of the zoning code provides that auto repair businesses are permitted in a B-3 zone subject to certain conditions. These conditions and the developer's ability to meet them are as follows: a. The mittimvm lot area shall be fifteea thousand (15,000) square £eet. This condition is met. Combining the existing auto repair shop property (9,000 square £eet) with the lot to the west wi11 increase the lot size by 6,000 square feet to 15,000 square feet. �b. A ten-foot lattdscaped bu£fer with screen plantiag and an obscuring fence sha21 be required along any property line adjoiaiag to an existiag residence or adjoining to land zoaed rasideatial. This condition can be met. The site plan submitted indicates a new fence . and landscape border along the western property line. Depending upon the l� �� ,� S �- • Zoning File #96-289 Page Five degree to which the parking spaces are angled, there may or may not be adequate space to provide the full 10 foot setback with landscaped buffer. The required width for the maneuvering lane varies from 12 to 15 feet depending upon the angle of the parking spaces. If the maneuvering lane is required to be 15 feet then the setback from the western property line can only be 7 feet and the applicant would need a modification of this condition. If a modification is necessary, staff would not be able to pzocess the permit application administratively and a second public hearing would be necessary. c. All repair work shall be done within an enclosed building. This condition is met. The applicant understands that all work must take place within the enclosed building and that no repair may occur on the exterior of the lot or in the public right-of-way. d. There shall be no outside storage. This condition is met. The applicant does not propose any outdoor storage and understands that vehicle parts, tires, oil, or similar items may not be stored outdoors. :-The following conditions must also be met before the special condition use ,- • permit may be approved. a. The extent, Zocation and iateasity of the uae wiZl be in substantial compliance with the Saint Pau2 Compreheasive Plan and any applicab2e subarea plans which were approved by the city counci3. b. The use wi12 provide adequate ingress and egress to miaimize traffic congestion in the public streets. c. The use will not be detrimental to the existing character of the development in the immediate neighborhood or eadanger the pubSic health, safety and geaeral melfare. d. The use will not impede the norma2 and orderly development and improvement of the surrounding property for uses permitted in the diatrict. e. The use shaS2, in alI other respects, confozm to tbe applicab2e regulations of tbe district in which it is located. Staff would likely impose, at a minimum, the following conditions on the permit: i. A wood privacy fence, at least 6 feet in height, shall be installed along the western property line and shall be properly maintained at all times. 2. Parking for customers and employees shall be arranged on the lot as shown on the attached site plan. No more than 20 vehicles shall be parked outdoors on the lot. Only customer vehicles and employee vehicles of the permittee may be parked on the lot. This condition is intended to prohibit long term storage of vehicles on the lot. • 3. All vehicles parked outdoors on the lot shall be completely assembled with no parts missing. Vehicle salvage is not permitted. 4. Parking of vehicles that are awaiting repair or that have been repaired shall be prohibited in the public streets. �1��35 2- ) A INT VL ��� PETtTION TO AMEND ': HE ZONING CODE Department ojFlanning and Eco:znmic Develapment Zoning Sedion 1100 Cify Half Anner 25 West Fourth Street Saint Paul, MN SSIO2 266-6589 APPLICANT PROPERTY LOCATION Property Owner �a.p_iel and Linda Ri�rnc Address 482 Grand Avenue City_ St. Paul St.�Zip 551Q5 Daytime phone 228-1316 Contact person (if different) • Address/Location 986 Grand Avenne Legaldescription Lot 2_ Block 35_ Summit Park Additinn (attach additional s heet if necessary) TC THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, Dani el and Li nda Burns , the owner of ali the land proposed for rezoning, hereby petitions you to rezone the above described property ftom a RM-2 zoning district to a B-3 zoning district, for the purpose of: Permitting the use of the land preposed for rezoning for the same purpose as the lan� located at °82 Grand F,venue in order to permit the remodelling of the existing business knawn as L'oyd's Automotive. (attacB additional sheet(s) if nec� Attachments: Required site pian Subscribed and swom to before me this �, g� day of 1��='L�'�$ , 19 Fee owner of property Tdle: Page 1 of ,�, � � �,� �m < _ G�;�"!!; � �;�:— - .^ram �,..��c— _ = �t��� _:-.._VrY��!�, . . . eYr" Consent petition � Affidavit • u 2= �� . � S� � REZONING FIRST SUBMITTED SCUP NCUP DATE PETITION SUBMITTED: `�� v' � f� DATE PETITION RESUBMITTED: � � 2 ' 7 `!� DATE OFFICIALLY RECEIVED: DATE OFFIC[ALLY RECEIVED: �`� `� Rv __ • .,. PARCELS ELIGIBLE: PARCELS REQUIRED: PARCELS SIGNED: � � � PARCELS ELIGIBLE: PARCELSREQUIRED: PARCELS SIGNED: l � �� �� CHECKED BY: ��,�C��L��I� DATE: ' Z' I` 1 F�' ZONtNG F1L� q� �� C� �= ��-352- �� J T r? � v� C i ;,� � � r-� '✓� ��,, o„ .; `� � f 1 �f , � CONSENT OF AATOZNZNG YROPERTY OWNERS TO REZONING We, the undersigned, owners of the property within I00 feet of the total contiguous descripCion of rea2 estate owned, purchased, or so2d by petitioner within one year preceding the date of this petition, acknowZedge that we have been furnished with the following: . 1. A copy of the Petition of Daniel and Linda Burns 60.51i to . , (name of petitioner) 2. A copy of Sections 60.720, and 6Q.406�t� tA 60.454 , inclusive of the Saint Panl Zoning Code; and acknowledge that we are aware of a1Z of the uses permitted under a B-3 District zoning c2assi£ication and we are aware that any of these uses can be established upon City Council approval of the rezoning; and we hereby consent to the rezoning of the property described in the Petition of Daniel and Linda Burns to a B-3 District (name of petitionerj • • � . \ J z4 Petition shall not be considered as oEficially fi2ed until the 2apse of seven (7) working days after a petition is received by the P2anning Division. Any signator of any peti[ion may withdraw his/her name therefrom by written request within that time. page Z of � • � (name � �' ,�_� 11-21-1996 02:45PM FROM MCCLRY--ALTOIJ TO � � i � � I � CON3ENT OP AII1.10ININC PROPE[�i OWNERS TO &EZOt+ING f 3177575 P.02 S� �� �� tve, the nndersigned, owness of the propert7r within 104 £eet o£ tha total contiguous descrfpaion of eal estace owned, purchased, or sold by petitfo::er withZn one year precediag �he date of t�is petition, acknovledge,thac we have been furnished vith tha £ol owing: - 1. A copy�of the Pet�ti j of Daniel and Linda B�rnc ! 50.�11 tA 6D.552, C�e of petitiioner) 2. A copy �of Sectfons(� 7,9(l. ard fi0.4_Q6�fiR �`� -__, ��iusive o£ the Saint Paul Zoning Cod�e; and acknawledge CFiBC we are av�e oE a21 0£ the uses permitted under a B-3 _ pS.strict zoning classifica�ion and we are aware that any of these uses can be astablished �ipon Gity Council approval af the rezoning; and ve hereby consenc to the rezoning:of the propexty described in the Petit3.nn of ;_ Daniel_and Linda Burns to a 6-3 Discrict r) ft a► 9� E � , Petision shali aot be a� wosking days' aftez a pe+ � of any petition may vi that time. ed as o£ficially £iled until the lapse oE seven (7) is received by the Planning Dxvision. Any signator hisJhez aame ihexefrom by wricten zeguest wi.thin page � of �,,, ?OTAL P.62 2� 11-25-1996 @5�27PM FRQM MCCLAY-ALT�N Tp R�i ��� 2238163 P.04 i i ( { cASSEN': OF aiL10TNZVG YROPER�Y OvtiFgS Yo 8E?ANIac ✓ t ue, the uadarsig:ead, o*is+ess of the proQe=ty wi�hin 100 feet of :he cosal eoz:tigueeu desczipLien oP �a1 estate e�on�d, purei:ase8, or so2d by yetit£o�er wLthin one yrar psece8lag e daee oF rkis peti[ion, acknov_edge,that s�e have besn £urtniehed with the fo ensing: . 1. A eopy�of t31e Pet3.ei J of Oarie' and Lind 8�rn� � 60.�11 tp 60.552, C�e of peci�ioaer) 2, A cOppjo£ SectionafjQ�e�,�,§t]�'�1 A`WC06tgh�60_454____ _, inelusive of the Sainc $aai zor:ing Co , and aeknowladge dhac c:e aze aw e of x21 of r3:e +�aes pezmiete2 under a 6-3 DiscrieL zon3r,$ elassifiaa�io� aad ve aze avare tha! any of tbasa usea can bs sstabFished tigon City Counci3 agprwa2 of the rezoaing; :nd vc hereby cor.senc to chs zszoaing;oF the propexey dnaesibed in che Petition ef : Daniel 2 t� AD�Rr55 Oit � ._ Z,P�N _ at r�°= 9qo G�, A. ., s� , -� � i�'' � �f 4'�l , �P �� J � r-. ,� E`: �,� Fecicion shall not'�e oon trorking days` a�Ler a pet3 �- of any pecieion may ++ftt Chat time. Burns co a �- Disarict t. � • � � ; ed as officially fE1ed until the iapse of aeven (7j 3s teceiveB by the Plac:zning IIivisioa. Any signator his/her z�ame therefrom �y wricten req�est within page � of ,� ' . .. �Q���� ���� ��O'2�ar'1 I �DTAL P.62 � � � �i'� ^ � sy � STATE OF MJNNESOTA) COUNTY OF RAMSEY ) : SS � Aa 1 t t t�t} '�LN� S , being first duly sworn, deposes and states that fieJshe is the person who circulated the within petition and consent, consisting of � pages; that affiant is informed and believes that the parties described are the owners respectively of the lots placed immediately before each name, that affiant is informed and believes that each of the parties described above is the owner of tlie property which is within 100 feet from any property owned or purchased by petitioner or sold by petitioner within one (1) year precedittg the date of this petition which is contiguous to the property described in the petition; that except for none of the parties described above has purchased or is purchasing property from the petitioner contiguous to the above described property within one (i ) year of the date of the petition; that this consent was signed by each of said owners in the presences of this affiant, and that the signatures are the true and correct signatures of each and all of the parties so described. � � / � �'�L�/i � • � • Subscribed and swom to bef re me this�!dayof (�JG`�afYi� 19�(L) TAR PUBLI . � BRIAN D. ALTO"�s � � N � RAMSEVCOUhr�. > r��^� A 1 yConriss , oaEzW.r?�._ , 'wwv� , �� Z �e�C-�,+J {�i1�uJ�l't—. ADDRESS SZ O�� � j�j l�� z 2. K { 'a( �l TELEPHONE NUMBER ;� � •- � ' ` PAGE � OF \ 11-1-96 a�-���- Attachment to 5oecial Condition Use Permit ARnlication• • 982-986 Grand Avenue, St. Paul MN 55105 Lloyd's Automotive has operated at the cor�er of Grand and Chatsworth as a neighborhood service station, celebrating 50 years of service this year. In order to provide better service to customers and relieve traffic congestion , the owner's of Lloyd's Automotive have applied to rezone the property of 986 Grand Avenue to the same zoning classification as the business at 982 Grand Avenue. The existing building will be remodeied and the lots combined in order to provide sufficient off-street parking for the business. The conditions of codes section 60.544(18) a-d will all be met. By adding the additional Iot to the business, the minimum lot size for an auto service use will be met. The landscaping and fence required will be instaited. All repair work will be done in the enclosed building and there will be no outside storage. The conditions of code section 60.300(d? will be met. Lloyd's Automotive is a permitted use in a B-3 Zone area subject to special conditions. An auto service station, in compliance with all requirements of the code, is a compatible mixed use along the existing Grand Avenue commercia! strip. This � compties with the policies of the comprehensive plan. Remodeling and use of the adjacent land are designed to improve ingress and egress. Traffic congestion will be relieved by the improved site plan and the addition of off- street parking. The continued use of a well established neighborhood business will not be detrimental to the character of the neighborhood. Over three fourths (3/4) of the customer's of Lloyd's Automotive live in the 55105 zip code. The comprehensive ptan reftects the need for the zoning code to be flexible to reflect current commerciai trends. There is a need to renovate the existing business to better serve its customers. The current multiple family residential use of the property at 986 Grand Avenue is not economically feasible, The approval of the special condition use permit and rezoning of 986 Grand Avenue will not impede development and improvement of the surrounding property. The areas fully developed and the uses are well established. The use will in atl other respects conform to the applicabfe regulations of the district of which it is located. Z � 6 � i � i,7 � � 6� � -�==�— � � �� �l'i - ! , � EXISnrvG gRqND AVE. STR£ET UpiT EwSnrvG 5lDEWnl1c • ! � I ' r � � �� I � � � � � � � ' ' � EXIS7ING � S 1 DUPLEX � � � (�o ee a�+o�o) I I I f I i � i I � f I � � I �-----� EXISnNG� FENC: RETqINiNG WAt1 NN� GLANIER ` EXISTiNG B�NwNWS PAfiKiNG� 6U5 STC% EXiS�1:: STREE' UGI:T ' �' EXISTI:G 4GN � EXISi1NG TREE ( � EXISi1NG � EXISTING P RKINOU� I BUfLDING E%159NG- SDEWALH � E%ISiING PARKING CGRA4EL) � �� EXISIING ALLEY �OVERHEAp UTl1TY LMES � � � ���� � � �� Kel4 Architects • ' ��� ����� ���� SITE P Z� - EXISTtNG � T- 30' n � ti H � � a S U LLOY�'S AUTOMOTIVE A��1710N ANQ RE.NOVA - \ _ _ _ _ M1 ` _ \\ \ EXISt1NG i (TO BE I NEW BINMINZ PARKING 16 SiALLS TOTA INCL (1) VqN ACf GRAND AVE. ALLEY �o� Eno unum �u+es ! ��� ��� �� ���� ��� ���� � E�snuc 8U5 STO? EXISTiNG SRr EET �p1T ��-��a- • N � K O 3 � r- ¢ U • ��Y . K�e SITE PLA — NEW CONSTRUCTION nra,rte�cs �,�,�� SCALE T= 30' • LLOYL7'S AU O I A�E�ITION ANL7 RENOVATION \ �! EC EX6nNG �qRKMG STALL � / � � z 0 > � W 2 � � z 0 > W I � 0 z 0 Q > W k- W � �,� �3s �-- �o` �� � � � 0 � w a � 0 Q > W F- Q w �� �-� � � Y � <_ W � �- 0 � d �- � Q � � � � � � � Z 0 �- Q � � z W � � Z 4 Z Q � � � Q � �i �� -35�.- SPECIAL CONDITIUN USE PERMIT APPLICATION Departmenr of Planning and Economic Development Zoning Section II00 City HaII Annex 25 Wes[ Four[h Streer Saint Paul, M1V 55102 266-6589 APPLlCANT PROPERTY LOCATION Name Burcorn Inc. AddfeSS 982 Grand Avenue City St. Paul St. MN Zip 55105 Daytime phone 228-1316 Name ot owner (if difFerent) Address/Location 982 - 986 Grand Avenue_ St. Paul MN 55105 Legal description: Lots 1& 2. Block 35 Summit Park Addition Current Zoning �'"3 '� Z (attach addifionai sheet if necessary) TYPE OF PERMIT: Apptication is hereby made under the provisions of Chapter s4 Section �nn , Paragraph � of the Zoning Code for a: [?� Speciai Condition Use Permit ❑ River Corridor CondiEional Use Permit � Mod�cafion of River Corridor Standards SUPPORTING INFORMATION: in the space be�ow supply information fhaf is applicable to your type of permit (attach additionai sheets if rtecessary) • SPECIAL CONDITION USE: Explain how the use wiii meet each of the special conditions. • RNER CORRIDOR CONDi710NAL USE: Describe how the use will meet the applicable conditions. • MODIFICATION OF RIVER CORRIDOR STAIVDARDS: Expiain why modifications are needed. SEE ATTACHED SNEET site plan is attached � i ��t���� ���� `.�- � I�1 LI � �, �J ApplicanYs signature G�l'd�..��f" �i':�� Qate i Z ° i � City agent � �� �� ?� q�_ 3s� Summit �-Ii11 Association Distrsct 16 Pianning Council Kady Dadlez aso saint c�air avenue � Planning and Ecanomic Deve{opment �{�CEIVED Saint Paui Minnesota 55105 25 West Fourth Street �elephone 612-222-7222 Saint Paul, Minnesota 55102 JAN 1 5 1997 fex 612-222-1558 January 1q �ss� ZONfNG RE: Zoning File Number 96-289 Dear Ms. Dadfez and Members of the Zoning Committee af the Planning Commission, The Board of Directors of the Summit Hili Association/District 16 Planning Council recommends deniaf of the request by Daniel and Linda Burns to rezone 986 Grand Avenue fr�m RM-2 to B-3 in order to aifow expansion and remodeling of the existing auto repair business at 982 Grand Avenue. A B-3 zone is the least restrictive zone ailowed on Grand Avenue. B-3 is general husin?ss, not community business. All of the zoning s#udies of the Avenue, and the resulting zoning changes, have attempted to )imit or reduce the number of B-3 parcels on the Avenue. Rezoning must be considered in the long-term. One cannot assume that Mr. Burns will maintain ownership of Lloyd's Automotive indefiinitely. Having said that, I would like to emphasize that ihe Summit Hill Association supports Mr. Burns proposed remodeling and expansion of the existing auto repair business at 982 Grand Avenue. His business is an asset to the neighborhood and the success of this business is in the best interest of the neighborhood. _� ' The Summit Hill Association recommends that 986 Grand Avenue be rezoned to P-1 in order to accommodate this proposal. Mr. Burns was asked by the Zoning and Land Use Committee if he fi�as plans, or wants the option to expand his repair shop again in the future. He stated that he has no pfans to expand after this expansion and that he Is not opposed #o a less restric#ive zoning of P-1 if � allows him to compiete the currently proposed expansion. While rezoning from residentiai to commercial is, in fact, against the District Plan, it was agreed that this proposal would not be detrimentai, but rather wou{d enhance fhe iivability of the neighborhood by +mproving the aesthetics of the repair shop, by minimizing auto access from �n�t��. �.;� � �e�;;,5 �q�� �� t�� ���eEt. it was deterrnined that this proposai wouid not intensify commercialization, but rather would hefp to mitigate the traffic and parking probiem fhat currently exists. Therefore, the Summit HiH AssociationlDistrict 16 Pianning Councif recommends that the Zoning Committes ot the Planning Commission use its authori#y and discretion to rezone 986 Grand Avenue from RM-2 #o P-1 in order to ailow expansion and remodeling of the existing auto repair business at 982 Grand Avenue. Sincere{ , '_ -- `=_'� `�,%� g � .�..=.�— ������ . John Siekmeier, President � � g � �,. � � � �� �� Summit Hi11 AssociationlDistrict 16 Planning Council � g A i�. cc: Council President Thune Daniel and Linda Burns 33 R�-�52- RECEIVED JAN 13 1997 Gladys Morton, Chair Zoning Committee of the Planning Commission DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT 1100 City Hall Annex 25 West Fourth Street St. Paui, MN 55102 Attn; Kady Dadlez January 9, 9997 Re: 986 Grartd Avenue Lot 2, Block 35, Summit Park Addition Dear Ms. Dadlez: The Board of Directors of the Grand Avenue Business Association, at its regular December meeting, passed a resolution in support of the request by Dan and Linda Burns to rezone the property located at 986 Grand Avenue from RM-2 to B-3. Lloyd's Automotive has been an important business in the community for many years. It is appropriate to rezone the adjoining parcel of property to the same zoning classification as the current business in order to allow Lloyd's Automotive to provide better service to Grand Avenue and the neighborhood. �in eiy, ` Bonnie Johns Vice President BJ/ck �_��i���€'°:`` � :-?" �,� � ••'�. �"��d_ ZONING • . 1043 Grand Avenue, Suite 315• 0 St. Paul, Minnesota 55105 0 612-224-3324 nv�uv��� x��v�;u�llviV � ----- j� T�' �E1VE� ---- -- __ RE _ .------ ---SAN-�'t_199T - --- . ---� -- -Z�N���-- - ---- - =.��.� C�� a�L��� -.�y"� �� G ��.,�� _ -=� �=r 'G- _ , -� ------ -�-----�� - -- -- - -----��Ze %ir-d�c j _�.__ J ---_� -- - -'-�� -�-� � ��2� -�- - =`- ---- - - - - - ---- - - ----- -- ---------- ------ --- -----,�-.e�--- � -----�---� �"-� - j��y -�r� --- - - i?���e-- -- - " . - - - ---� - - - ���`�� --��� • _.�.�- i � q� _ 3� a Z����� �� � _ � ; r�� �ti:ti �_�.._. ; �� �' � ` �--��- ., , , � �-- ---- ��! �J� �� / � ,! � 1 � �/ , i � � � ��� � , � i / �� / � % / � `' / j. � �� ��� ,// ; � / , �/ � � �� i " .� �� , - , -.1:1�• .� � �' . , � � � -��-`��2- . � �� i'`� �� -�- � _ � ---- ---- ----- ----�- - ---- -- - - - - - - - - '-_ - -- � - � . . -- -�.�_�_ -6� -- - - - .. .. � . ,..� � r ,, y _'� ' � _ "_ _' . '" _ _� _""_ "�' " ' - ---- �'-- - - - - - - - j ,� --� ------ =--- - -- ---�---- - - --�-7,-_/_:�'4 � �- -- -- - - " � G i�� i!� -- �,� i .. � _ _ _--� - ---�-=i��u" - -�- ---: — — - — --- 4z�r ` , ---- -- � - e;'J�,_�_�_ ----�C�- - - - -- -- -!�t`-e . _ -� _--- :��z`-`'--�-� - -- �- �- - - - - - -- ._` —_. - - - - � - - - _ _:_�.�. �.�-�*�-�-�- _ - `= - -- - - � - --` --- — --�- =-__ .�_ _�.--� - --- -- - -- _:���—=-- — _ -- -- —= _- - --- ----C�. �,.�GCr��.- - 5�y� - — - ------- -�----- =--�-=---- - ��3 _ ��.�%roCy'�_ - _. -� --- s��� � --- --- --- - --- - -- -- - - - - -�sT _O��- ---- ---- . , a�� ��• a . ; � :.= -_ , � _ ------ ----__— . _ - - r =� - ��>Y_< ._ . • �;� '::•...=.. . . _.:. - - --� .. _ :_ • -- , � , -4 �- •a • ��• �' �� � � i • ��'��� q'1 -35� ` 1. SUNRAY-BATTLECREEK-HIGHWOOD 2. HAZEL PARK HAUEN-PROSPERITY HILLCREST 3. WEST SIDE 4. DAYTON'S BLUFF 5. PAYNE-PHALEN 6. NORTH END 7. THOMAS-DALE 8. SUMMTT-UNIVERSITY 9. WEST SEVENTH 10. COMO 11. HAMLINE-MTDyVAY 12. ST. ANTHONY PARK 13. MERRIAM PARK-LEXINGTON HAMLIN&S1�IELLING HAMLINE 14. MACALES'I'ER GROVELAND 16. SUMMTT HIL 1 . DOWNTOWN �. . ZONING FILE ��°��`'' CTITZEN PARTICIPATION PLANNING DISTRICTS �� �3�� �ebruary 25, 1997 Council President Dave Thune Members of the City Council 310 City Hail Saint Paul, NIN 55102 Dear Councii President Thune and Councilmembers: We, the undersigned, all live on the norkh side o£ Lincoln Avenue within one biock of Chatsworth Avenue and Lloyd's Automotive. We access our alley opposite the automotive repair shop. We are also customers of Dan Burns. We oppose the rezoning of Lloyd's to B-3. The rezoning is a radical departure from the Grand Avenue Plan and its intent to preserve a mixture of residential and commercial uses along the street. An expansion of B-3 sets a precedent that reduces confidence in the long term use of the property and all the property along the Avenue. Dan Burns says he need parking to expand his business. �urrently, Chatsworth Avenue is filled with his customers'cars, so we know he already needs parking. But we will take Dan at his word that his intent for the new lot is only parking and offer support for a parking rezoning (P-1). �� � ��� `�6 / �,� �, r„ �f ( C��tcc�•-� � '. , � � ��� ��, s�_ �'/' 7.3 ��i��aC�F/ �t/�. � �� �� � �� �, �� � c.,��t� �-„-� _ 9 Ys' �'� �t � 5�v�c- . �i�� G�y�/� �'-� � f S 7 �-��..�`����- �-- �s7 ��.�,.. �.,��_ � Q . �,��..�.. (� e �:.�.-,�.,�.. � CONSENT OF ADJOINING PROPERTY OWNERS TO AMEND ��� �� REZONING PETITION c�r� _ 3S�-- We, the owners of the property within 100 fieet of the real estate owned by Daniel and Linda Burns, hereby consent to amend the Petition and to the rezoning of the property described in the: Petition of Daniel and Linda Burns to a P-1 District I acknowledge receipt of a copy of Section 60.721 to 60.723 of the St. Paul Zoning Code. ADDRESS = ` FEE:011st1�ER[S} __ 5tGt3tkTC1RE "DATE - � �Q-�r�x�Z� 2'�2� 978 Grand D&B Properties �^� L ,� � j, (R 7 975 Lincoln Billie Gilliland and WiNiam Gilliland ��' 1�� 969 Grand 999 Grand 995 Grand 985 Grand JSS Associates William Dunningun and Maureen Dunninghun �(�/��- Tab Properties Cherokee State Bank 990 Grand Francis J. pieveney, by 8ert McKasy under Power of Attorney dated April 1 S, 1993 994 Grand John Siekmeier and Rebecca Siekmeier 998 Grand 997 Grand 993 Lincoln Patrick F. Sullivan Mary Kerr Grant and Andrew Kerr Grant Linda Zick 983 Lincoin I Melvin Spielman and li��� °� �-� � Anna Spielman i 2����� 3 '���� ��/�� <�j�1�7 > �/�71y� COMSENT OF ADJO{NING PROPERTY OWNERS TO AMEND ����� REZONING PETITION �I We, the owners of the property within 100 feet of the real estate owned by Daniel and Linda Burns, hereby consent to amend the Petition and to the rezoning of the property described in the: Petition of Danief and Linda Burns to a P-1 District I acknowledge receipt of a copy of Section 60.721 to 60.723 of the St. Paul Zoning Code. . /ktI�RESS FgE; (3VYRtER(Si - ` SCGNATURE ° Dt.tT6 " . 978 Grand D&B Properties 975 Lincoln Billie Gilliland and William Gilliland 969 Grand JSS Associates ,� �a--��^� . '� / 999 Grand William Dunningun and Maureen Dunninghun 995 Grand Tab Properties 985 Grand Cherokee State Bank 990 Grand Francis J. Dieveney, by Bert McKasy under Power of Attorney dated April 18, 1993 994 Grand John Siekmeier and Rebecca Siekmeier �� � V ��� n 998 Grand Patrick F. Sullivan r�� `- ���f��•-- � �'���j ( � �,,.�,_ 997 Grand Mary Kerr Grant and Andrew Kerr Grant 993 Lincoln Linda Zick 983 Lincofn Melvin Spielman and Anna Spielman CONSENT OF ADJOINIIVG PROPERTY OWNERS TO AMEND � REZONING PETITION q � -' �J 5 We, the owners of the property within 100 feet of the real estate owned by Daniel and Linda Surns, hereby consent to amend the Petition and to the rezoning of the property described in the: Petition of Daniei and Linda Burns to a P-1 District 1 acknowledge receipt of a copy of Section 60.721 to 60.723 of the St. Paul Zoning Code. '.-_;-RDI7RES�- FEE t3]NNER(SI . - StGlY1lTC1£iE: , _I3ATE- _- 978 Grand D&B Properties 975 Lincoln Biilie Gilliland and William Gilliland 969 Grand JSS Associates 999 Grand William Dunningun and Maureen Dunninghun 995 Grand Tab Properties 9$5 Grand Cherokee State Ba�k 990 Grand Francis J. Dieveney, by Bert McKasy under Power of n ��� / Attorney dated April 18, ����" l' �� �� � �l ,�� � ! 1993 994 Grand John Siekmeier and Rebecca Siekmeier 998 Grand Patrick F. Sullivan 997 Grand Mary Kerr Grant and Andrew Kerr Grant 993 Lincoln Linda Zick 983 Lincoln Melvin Spielman and Anna Spielman CONSENT OF ADJOINiNG PROPERl'Y OWNERS TO AMEND REZONING PETITION � 7 3 S�" We, the owners of the property within 100 feet of the reaf estate owned by Daniel and Linda Burns, hereby consent to amend the Petition and to the rezoning of the property described in the: Petition of Daniel and Linda Burns to a P-1 District f acknowledge receipt of a copy of Section 60.721 to 80.723 of the St. Paul Zoning Code. ADTSEtESS- - FE�OWRiERtBT-. `- SlGttWTt7SE"- DA7E--- 978 Grand D&B Proparties 975 Lincoln Billie Giliiland and William Giililand 969 Grand .1SS Associates 999 Grand Wiiliam Dunningun and Maureen Dunninghun 995 Grand Tab Properties 985 Grand Cherokee State Bank 990 Grand Francis J. Dieveney, by Bert ,� McKasy under Power of �%�,��� ��^ � Attorney dated Aprit 18, ��� "l� �` �j p 1 1993 � �m� tL . 2�; 6 �,J 994 Grand John Siekmeier and Rebecca Siekmeier 998 Gra�d Patrick F. Sullivan 997 Grand Mary Kerr Grant and Andrew Kerr Grent 993 Lincoln Linda Zick 983 Lincoln Melvin Spielman and An�a Spielman �L Presented By � �': 4 � � ", £ !"`.. � �. ' �. f � , F � . . . .. ...� Green Sheet # \��� L, MINNESOTA 2 Referred To �� �C7 Council File # I� —3 S �' Ordinance # Committee: Date An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaiiung to zoning for the City of Saint Paul and the zoning maps thereo£ � 7 9 10 11 12 13 14 15 16 17 18 WI�REAS, Pursuant to Minnesota Statutes §462357 and §64.400 of the Legislative Code, DAIVIEL AND LINDA Bi7RNS duly petitioned to rezone 986 GRAND AVENUE, being legally described as Lot 2, Block 35; Summit Park Addition, from RM-2 to B-3, the petition being subsequently amended to rezone the properry from RM-2 to P-1, to allow development of a pazking lot to accommodate expansion and remodeling of the existing auto repair business at 982 Grand Avenue, the petition having been certified by the Planning Division on March 12, 1997 as having been consented to by at least 67 percent of the owners of the azea of the property to be rezoned, and fiirther having been consented to by at least two-thirds of the owners of the property situated within 100 feet of the total contiguous property within one year proceeding the date of the petition; and WHEREAS, The Zoning Committee of the Plaiming Commission held a public hearing on January 16, 1997, for the purpose of considering the rezoning petition, and pursuant to § 107.03 of the Administrafive Code, submitted its recommendation to the Planning Commission that the petition be granted; and 19 WHEREAS, The Planning Commission considered the rezoning petition at its meeting held on January 24, 20 1997 and zecommended that the City Council approve the petition; and 21 22 WHEREAS, notice of public hearing before the City Council on the said rezoning petition was duly 23 published in the official newspaper of the City on January 31, 1997 and notices were duly mailed to each 24 owner of affected property and property situated wholly or partly within 350 feet of the property sought to be 25 rezoned;and 26 27 28 29 30 31 32 33 34 35 36 37 38 39 WIIEREAS, public hearings before the City Council having been conducted on February 26, 1997 and Mazch 12, 1997, where all ittterested parties were heard, the Council having considered all the facts and recoxnmendations concerning the petition; now, therefore II�'I�K�lfl�[�I_11i]�1:1_�Zi]�.Y:\1��1771�JA�Z�]�.I.Y� '�� : 1� Section l. That the zoning map of the City of Saint Paul, Sheet Number 27, as incorporated by reference in §60301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That property with the address of 986 GRt1ND AVENUE, being more particularly described as: Lot 2, Block 35; Summit Pazk Addition �/ ?a�a1 40 be �nd is hereby rezoned from RM-2 to P-1. 3 5�— 41 q �" 42 43 Section 2. 44 45 This ordinance shall take effect and be in foYce fliiriy (30} days from and after its passage, approval and 46 publication. Bimrrecrc �. ; ! !' •. . Requested by Department of: �V-C Adoption Certified by Council Secretazy B �� a. � � Approved by Mayor: nate �f" I��� � By: By: Form Approve City Attorney BY� .2t%G°"lN�� r1�raCO—�2 Approved by Mayor for Submission to Council By: � G��� �---��• TOTAI # OF SIGNATURE PAGES FOR 3���� GREEN SH � � � �� a " INRI INRIAUDATE DEPAqTMENTDIRECTOfl �CfTYCOUNGL GINATTORNEY O CffYCLERK BUDGET DIRECipP � FIN. B MGT. SERVICES DIP. MAYOR(ORASSISTANT) � (CLIP ALL LOCATIONS FOR SIGNATURE) Adopt an ord'mance to fmalize council approval of a petition of DANIEL AND LINDA BURNS to rezone property located at 98b GRAND AVENLJE from RM-2 to P-1 (public hearings held February 26, 1997 and Mazch 12, 199� . RE Approva (A) w Aejact (R) PEHSONAL SEHVICE CONTRACTS MUST ANSWER THE FOLLOWfNG QUESTION3: L PLANNING COMMISSION _ CIYIL 5ERVICE CAMMISSION �� Nas lFiis person/iirm ever worked untler a comract for this departrnerr[? GB COMMISTEE YES NO ��� _ 2. Has ffiis person/tirm ever been a ciry employee? YES NO __ DISTflIGTGOURT __ _ SUPGORTS WHICH COUNCIL OB.IECT7VE? 3. Does tBis perso�rm possess a skill mt norrnally possessed by any wrrent c(ty employee? YES NO I Erzplalrt a11 yea anawers en aeparate ahaet a�tl attach tc green sheet �� �� t � IIiIATINO PROBLEM, ISSUF. OPPOR7UNIlY (VJho, What. When, Where, Why): Finalize council approval of a perition of DANIEL t�ND LINDA BURNS to rezone property at 986 GRAND AVENTJE from RM-2 to P-1 to allow development of a parking lot to accommodate expansion and remodeling of the existing auto repair business at 982 Graud Avenue. �������� 1�AR 20 j�9� ,���v�'d � �a-tC� � �^ ��-� �`���gf s ��..._�. , �_ ,�:.�,. � a .,<<��.� � �� i�97 ___---_��_�.>.���� �' ., • �. �� ' � < ;. OTAL AMOUNT OF THANSACTION $ COST7REVENUE BUDGETED (dRCLE ONE) Q�-�iF. )NOf47G SOURCE ACTIVITY NUMBER �ANCIAL INFOiifrfA710N: (EXGIAIN) STATE OF MINNESOTA COUNTY OF RANfSEY l ) ss ) ���� Daniel and Linda Burns, being first duly sworn, depose and state that they are the persons who circulated the within petition and consent, consisting of t�es-�c:.tr `t(,$) pages; that affiants are informed and believe that the parties described are the owners respectivefy of the fots placed immediately before each name; that affiiants are informed and believe that each of the parties described above is the owner of the property which is within 100 feet from any property owned or purchased by petitioners or sold by petitioners 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 above has purchased or is purchasing property from the petitioner contiguous to the above-described property within one (1) year of the date of the petition; that this consent was signed by each of said owners in the presences of affiant; and, that the signatures are the true and correct signatures of each of all of the parties so described. �� ������ NAME �{lV(U� NAME Subscribed and sworn to before me this 5th day of March, 1997. 3 � . � a.1� Notar� CAROLYN J KELL (( � , � NOTaav aiJBLiC—MINN£SOTA � uar.?SEY COUNTI' :�•,� b!: ,� �_... .__.,m,,,�.�.v.� 982 Grand Avenue. St. Paul, MN 55105 ADDRESS (61 21 228-1 31 6 TELEPHONE NUMBER Subscribed and sworn to before me this 6th day of March, 1997. �,�� � ,� � Notary Pub�ic CAROLYN S. KELt 4 � j�� NOTA RAMSEY COUNTY SOTA i n ('pinmiss�FxP�JAN37.2000 � � �qr��: t�N DEPAR'SMENT OF PLANNING & ECONOMIC DEVEIAPMENT CITY OF SAINT PAUL Norrrz Co[emwz, Mayor January 28, 1997 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Division of Plmverng 25 West Faurth Street Sa'vu Pau1, MN55102 c{,'�1 ' � S �- Telephone: 612-266-6565 Facsimile: 612-228d314 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday February 26, 1997 far the following zoning case: Applicant: DADIIEL & LINDA BURNS File Number: #96-289 Purpose: Rezone property from 12M-2 (multiple family residential) to B-3 (general business) to allow expansion and remodeling of the existing auto repair business at 982 Grand Avenue, Lloyd's Automotive. Address: 986 GRAND AVENLJE (south side of the street between Chatsworth & O�'ord) Legal Description of Properiy: Lot 2, Block 35; Summit Park Addition Previous Action: Planning Commission Recommendation: Approval, vote: 11-6, January 24, 1997 Zoning Committee Recommendation: Approval, vote: 6-0, January 16, 1997 My understanding is that this public hearing request will appear on the agenda for the February 5, 1997 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6582 if you have any questions. Sincerely, � �� �� Kady Dadlez City Planner Zoning Secrion cc: File #96-289 Mike Kraemer Donna Sanders , I: �� F � t�F�r' h � ' i� n� t '., �`i' --_ --- . �. - ° - - ` HOT2CE OF YUBLIC HEARITTG -. � � - - � ..-� ` -=.. � -.,.'_,�: ..: _ `_ . � T�e Saint .Paul k;ity� Council� wilt conduch a gublic rieartng on � Wec2nes�ay:�' Februazy 26. 1997, in the CouneiP�Chambers, Third Rloor Ciry HaIl to:consiQer�th� �, appllcatlbn ofDaaieYand Linda Burns to rezone propertyfrom RI13-2 (m"ultipleifamily- ' residenti2i) to�B3�(gexxeml business), to allow expansion and remodeling:of the ' . � O� au�; repair bnsiness at 9S2 Grand Avenue (sbnth��ide betwee,n Chatsivoi[h ;, Dated Januarg.28;;1997 '- _ . _ � , ' � . ,;� NAI!ICY ANDERSON , ,. � -� ,. ,,, .. _ �Assistant Qity Council Secretary � � - __ :. _ - " � _ � . � . . _. . .. - . . _ - fJa�7iary 31, 1997) . - - �` -`- � DEPARTMENT OF PLANNA*G & ECONOMIC DEVECAPMENT SaINT I I PAUL � � AApA'� CITY OF SAINT PAUL Norm Caleman, Mayor February 14, 1997 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #96-289 City Council Hearing: Division afPlannirzg 25 West Fourth SYreet Sav+t Paut, MN 55702 DAI�tIEL AND LINDA BURNS Februaty 26, 1997 430 p.m. City Council Chambers q� - 3sa. Telephone: 612466-6565 Facsimile: 6I2-228-3314 PURPOSE: To consider rezoning property at 986 GRAND AVENUE (south side between Chatsworth & Oxford) from RM-2 (residential multiple family) to B-3 (general business) to allow expansion and remodeling of the existing auto repair business at 982 Grand Avenue. PLANNING COMIvIISSION RECOMMENDATION: APPROVAL vote: 11-6 • ZONING COMMITTEE RECOMMENDATION: APPROVAL vote: 6-0 STAFF RECOMMENDATION: DENIAL SUPPORT: No one spoke. OPPOSITTON: No one spoke. District 16 supports the applicant's plans for expansion but voted to oppose the rezoning to B-3. District 16 supports rezoning the property to P-1 (pazking). Dear Ms, Anderson: � DANIEL AND LINDA BUKNS submitted a petition to rezone properry at 986 GRAND AVENiJE. The Zoning Committee of the PJanning Commission held a pubiic hearing on the proposed rezoning on January 16, 1997. The applicant's representative addressed the committee. At the close of the public hearing, the committee voted 6-0 to recommend apptoval to rezone to B-3. The Planning Commission upheld the Zoning Committee's recommendation for approval on a vote of i l-6 on 3anuary 24, 1997. This proposed rezoning is scheduled to be heard by the Ciry Council on February 26, 1997. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. 5incerely, Ken F�� Planning Administrator Attachments cc: City Council members q�-35�- city of saint paui planning commission resolution file number 97-03 �tE? January 24, 1997 WHEREAS, DANIEL AND LINDA BURNS, fi!e #96-289 have petitioned to rezone 986 GRAND AVENUE, situated on the south side of the street between Chatsworth & Oxford, from RM-2 to B-3 to allow expansion and remodeling of the existing auto repair business a[ 982 Grand Avenue; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on January 16, 1997 at which all persons present �i�are given an opportunity to be heard pursuant to said application in accordance �vith the req�irements of Sec[ion 64.400 of the Saint Paut Legislative Code; and WHEREAS, the Saint Paul Plannin� Commission, based on the evidence presented to its Zoning Committee at the public hearing, as substantially reflected in the minutes, made the following findings of fact: • The applicant oivns the duplex property To be rezoned. The applicant atso owns Lioyd's AutomoYive at 982 Grand Ae•enue, a neighborhood auto re�air sliop that has been operating for 50 years. In order to provide better service and relieve traffic con�estion the applicant plans to remodet the existing auto • repair building and combine thlt property with t6e iot to t6e west to provide off-sVeet parking for the espanded business. 7he applicant is working on plans to have the house moved to a new location in the Ramsey Hill neighborhood. The applicant intends to espand tlie number of service bays in the existin� repair garage from six to nine or ten and provide off-street parl:ing on the lot to the west. Plans include replacing the existing parking area at the northern portiott of the property at 982 Grand Avenue with die expanded bui(ding built up to tiie nonhern property line. The proposed parkin�, lot to the west, 14 spaces, would iiave ingress from Grand Avenue onfy, and egress to the a0ey. The lot, with 40 feet of fronta�e on Grand Avenue, is �toY �vide enough to provide ingress and egress at Grand Aveaue, A feiue and landscaped buffer is proposed along the western property line abutting an RM-2 zoning district. The e�isting auto repair shop emptoys nine people, one or two may be added as a result of the ex�ansion. T(ie hours of operation will remain the same afrer the expansion: 7:00 a.m, to 8:00 p.m Monday through Friday and 9:00 a.m. to 1:00 p.m. Saturday. The applicant states that the use of the property as a duplex is not economically feasible because the cost of taxes (non-homesteaded), mortgage, insurattce, and maintenance make a profitable return on the investment untikely. moved by �nCl seconded by in favor 11 a���t 6{Maddox, Mardell, Gordon, Lee, Nowlin, Geisser) • 0 ��-�s� • Zonina I=ile #96-289 Pa�e T�vo of Resolution 2. The proposed rezonin� is in conformance with comprehensive plan. Objectives and policies ofthe Economic Development Strategy include: "ensure sufficient land for future business growth" and "the city's land use plan should provide adequate land for industrial and commercial development and expansion in order to increase the proportion of commerciaUindustrial tax base." #6 & k25, pp. 16 & 17. In addition, the proposed building expansion is in conformance with the Grand Avenue Design Guidelines estabiished in ti�e East Grand Avenue Sma1S Area Pfan. One of the guideiines states, "Limit curb cuts on Grand Avenue. Parking lots should be located to the side or rear of commercial structures and have a minimum of curb cuts. For parking lots on corners, access from the side street is preferred." #22, p.4. Tlie applicant plans to locate the parking lot to the side ofthe existing commercial structure and create one curb cut; an existing curb cut to the east will be eliminated. Another guideline states, "Protect and promote block-front-setback patterns. Many blocks on Grand Avenue have both commercial and residential type structures. In terms of design, the most successful ofthese have corner commerciai structures up to the sidewalks, with smailer residential-type structures set back from the sidewalk in mid-block. This design pattern shoutd be preserved and expanded. On all-commercial blocks, buildii�gs should have no setback from the sidewalk." #2S, p.4 The applicant's plans include a building addition that will be built right up to the side�valk. 3. The rezoning of this one parcel for commercial use would not have an adverse impact on the surrounding community, particularly because it is immediately adjacent to an existing commercial • area. ]f the property were rezoned to allow a parkine lot, the applican[ would no lonaer need to park vehicles that he hasFwill service in tlie street, thus reducing parking and conoestion in the streets, particularly on Chatsworth Street. 4. The applicant submitted a sufficient petition signed by hvo-thirds of the property owners within one hundred (100) feet of thc propeRy to be rezoned (14 parcels eligible, 10 parcels needed, and l( parcels signed). 5. The off-street parkina requirement for the proposed expansion is 10 spaces. Four spaces wi1V be iost due to the building expansion. Fourteen spaces will be provided in the new lot to the west. Thus, adequate off=street parking is provided for the use. The applicant's request to have alley access for the parking lot can be evaluated during review ofthe site plan. NOW, THEREFORE, BE IT RESOLVED, by tl7e Saint Paul Planning Commission that the petition of DANIEL AND LINDA BURNS to rezone property at 986 GRAND AVENLIE, more particutarly described as Lot 2, Slock 35; Summit Park Addition, from an RM-2 zoning classification to a B-3 zoning classification is consistent with the Comprehensive Plan for the City; and BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to the Council of the City of Saint Pau1 that properiy located at 986 GRAND AVENUE be rezoned from RM-2 to B-3 in accordance nith the petition for rezoning on file with the Saint Paul Planning Division. C� 3 ��1-3s� M�nu�es: Sa►h�- i'aut Plo�►h,v►o� Co�nw��Ssian Planning Commission of Saint Paul City Hall Conference Center 15 Kellogg Boulevard West Saint Paul, Minnesota 55102 A mee[ing of the Planning Commission of the City of Saint Paul was held Friday, January 24, 1997 at 8:30 a.m. in the Conference Center of Ciry Hall. Commissioners Mmes, Birk, Faricy, Geisser, Maddox, Mor[on, Treichel and Wencl and PresenL• and Messrs. Chavez, Gordon, Gurney, Kramer, Lee, Mardell, McDonell, Nowlin, Sharpe and Vaught. Commissiouers Mmes. *Duarte and *Lund-Johnson and Messrs. *Field, Jr. and Schwichtenberg Absent: *Excused Also Present: ICen Ford, Planning Administrator, Jean Birkholz, Kady Dadlez, and Roger Ryan of tlie Planning Staff. I. ApE�rova] of Minutes of January ]0, 1997 MOT[ON: Commissioncr Maddox snoved approval oF thc minutes of January 10, 1997; tl�e motion was seconded by� Commissioner Treichel and passed unanimously on a voicc votc. II. Chair's Announcements Steering Committee Meeting Report: Fifth Friday is scheduled for next Friday, January 31, 1997, from 8:30 a.m. - 10 a.m. Discussion on the revision of Saint Paul's Comprehensive Plan is on the agenda. The Fifth Friday in May will a(so be devoted to discussion of the Comprehensive Plan. - STAR Board: Frank Gurney will not be able to continue to represent the Planning Commission on the STAR Board. Chair McDonell asked members to call Roger Curtis in the Mayor's Office, 266-8531, if interested. Commissioner Gordon expressed interest in applying for the position. III. Planning Administrator's Announcements Mr. Ford announced: • • - Alter Trading Corporation filed a complain[ against the City of Saint Paul lasf week • challenging the moratorium which the City established on permitting recycling centers ��-�s � • with metal shredders and a number of other environmental related decisions. - Tn the meantime, the Planning Commission will proceed with the rezoning scudy the Ciry Council requested on metal shredders. - The Mayor has sent his recommendations on Planning Commission appointments to the Cit}' Council. The process wilt be finatized in approximately 2-3 weeks. - The Neighborhaods Conference is tomorrow. Commissioner Vaught requested a copy of Alter Corporation's complaint. Chair McDoneil requested one for each Commission member. Mr. Ford will look into the request. Chair McDonel{ stated that copies of a Ne�v York Times article, "What's Doing in Saint Paul" will be made available and sent out thanks to Commissioner Geisser. IV, 2oning Comn�ittee 1196-289 D�niel and 1 ind� i3urns - Rezone dte property from RM-2 to B-3 [o allow expansion and remodeling of the existing auto repair business at 982 Grand Avenue (986 Grand Avenue). ]1fOTfON: Cominissioncr 1i'encl moved approval of thc requested rezoning from Rhi- • 2 to I3-3 to allow expansioti and remodeling oF tlie existing auto repair business on Grand Avenue. Commissioner Wencl reported diat the District Councii voted to support a P-1 tezoning instead of a B-3, however, the 2oning Committee voted 6-Q to approve the rezoning to B-3. Commissioncr Geisser believes this request to rezone should be denied. She explained the relationship of this case to the East Grand Avenue Smal{ Area Plan, which is now part of thc Saint Paul Comprehensive Plan. Commissioner Geisser described Grand Avenue as a "unique" section ot Saint PauL She handed out a portion of the East Grand Avenue Sma11 Area Plan that was written to recognize and protea that "unique" quality. Although she finds the pian flexible, Commissioner Geisser proceeded to read parts of the plan that conflict with this case: (p. 1. col. 2) Description of a conservation area; the block where this auto repair business is located: .....it protects these areas from significant change......the current zoning is appropriate.......rezonings and variances should not be supported.......the design guidelines should be adhered to. (p. 2 under Zoning and Land Use): 1....we need to protect these Areas from less restrictive zoning.......should be protected from the expansion of B-2 and B-3 zoning. 2.....reinforces the intent to remove B-3 from anywhere on the Avenue. 3......cannol have premamre demolition of buildings. • (p. 3): 12......establishes that P-1 is used for parking locs. 13.....establishes the fact that there should be no parking lots in conservation areas. 14......recommends that houses no[ be removed to allow for parking lots. � l 9�-�5� (p.4): Grid diat shows conservarion areas Commissioner Geisser's intent was ro show [hat this rezoning is inconsistent with the East Grand Avenue Small Area Plan. She noted that having served as the Chair of [he East Grand Avenue Task Force, it was quite apparent that the group's choice was for a11 B-3 zonings to be removed from the Avenue, And the evolution of Grand Avenue was not ro increase auto repair statioas. Since diis request asks for an expansion of an auto repair station as wel! as permission to demo�ish a house in order to provide additional parking, it is inconsistent with the plan. The plan ctearly states [hat houses are not to be removed to provide parking. A study at that time proved the gain of only 7-9 spots when a house is demoiished, which is hardty sufficient reason for destroying a house. Comntissioner Geisser found Summit Fiill's decision of P-1 over B-3 to be compromising but just as problematic and inconsistent as the request by Mr. Burns, because it also calls for die removal of a house to provide parkina. J Commissioner Geisser wamed Commissioners that shoufd this property be rezoned to B-3, it will ahvays be B-3, which means that any use allowed in a B-3 zone would be permitted on this property, including a fast-food restaurant. Past food restaurants are also not allowed by the Gast Grand Avenue Small Area Plan. She pointed out that a conservation area on Grand Avenue maans that the block is residentia] except for the corners, and encroachment into d1e block from thc ends is not d�e intent of d�is plan. She noted that once this precedent had been set, it could have far-reaching effccts. . Commissioner Geisser's concerns ref7ect Irer passion and conviction to cherish the jewe( oF Saint i'aul by adherino ro the guidetines deveioped by devo[ed pcople on the task force wlto spen[ many long and iatensc hours developing and dclibcrating over thcse specific guidelines in I989. Commissioner Vaugh[ commented that he believes Commissioner Geisser has overstated thc case for her position in at least three cases: 1) her statement that the Last Grand Avenue Small Arca Plan is flexihlc. He stated that in his opinion the plan is very inflexible, and that it is it's inflexibilit} that leads ro discussions such as today's. Ie invites itself to read as though it were a piece of conerete and noc a piece of paper. 2) Several times Commissioner Geisser referred to"demolishing° the house in question. He noted that it is his understanding that the plans are to move the house, not demolish it. 3) 7'he fast food restaurant business. He added that fast food restaurants may be located in B-3 zones, but they may be located in B-3 zones, only subject to special conditions, which means [hey must acquire a special condition use pertnit through the process of application, a pablic hearing before the Zoning Commiitee, and probably also a pablic hearing before the City Council because such a requesf would cercainty be appealed by Grand Avenue residents and basiness peopie. Commissioner Vaught continued to take the Commission through the rezoning process: any rezoning can either be initiated by the Cin• Council, by the Planning Commission itself, and, the most common way, through a peticion of abutcing or adjacenc property owners. In this case, there are 14 property owners within the circumference of property owners who • needed to be consulted regarding the rezoning procedure. Unless the requisite number of those property owners approve a rezoning, it doesn't get any farther in the process. In this case, 11 property owners signed their approval of the B-3 zoning, which meant the rezoning � ��-�sa— • could move forward. It was put onto a Zoning Committee agenda. Ten days before the case is to be heard, the matter is sent out in a notice to the relevant district council for their consideration and recommendation. In this case, the Land Use Committee of che Summit Hill Association considered Ihe matter first. At a meeting where there was a full presentation by the applicant, tlie Land Use Commitree voted [o support the change to a B-3 zoning. Next, [he full board of the Summit Hill Association heard the case without benefit of a full presentation. The recommendation of the Land Use Committee to support the ctiange to B-3 zoning was defeared by a very close vote. Then, at that same meeting, the district council voted to approve [he P-I zoning. This is very significant. No one immediately aPfected and/or interested in this change is encouraging us to follow the inflexible guidelines of the East Grand Avenue Plan. Anyone in question is supporting something efse and these are people much closer to the issue than is die Planning Commission. Commissioner Vaught encouraged the Commissioners to support the B-3 rezoning. Commissioner Chavez commended Commissioner Geisser on her presentation. He felt that since there apparently were such strong feelings and concerns regarding ti�is issue, she or someone else should have been at the Zoning Committee to provide testimony. Conm�issioner Gumey stated Ihat he went to tlte Zonino Commitcee meeting convinced tha[ the pruperty, at tha very best, should be zoned P-L At [he meeting he was told Ihat if ci[her one of dic lots in question were to be modified in the fumre, they would need to go • d�rougl� a��other planning process, including site plan review. Tfiis fact convinced him there was a safeguard for the neighborhood. He supports dle R-3 rezoning. Convnissioncr Gordon noted that he is very troubled by this and he will speak and vote in opposition to thc motion to rezone to B-3. He rciterated the Mayor's word [hat Grand Avenue is the "gem" of Saint PauL The unique mix which has taken years to develop on Grand Avenue needs special attention and should not be changed unless there is good reason. He noted Ihat the East Grand Avenue Small Area Plan of 1989 takes diose special considerations into account and has set up guidelmes to reFlect the unique characteristics of this very special A� enue. The plan takes into account die greater good of the City of Saint Paul and that particular neighborhood. He also commenred diat if the Planning Commission expects others to pay attenuon to the small area plan guide(ines, then the Commissioners, in their decisions ought also to pay attention ro these smal( area plan guidelines. If, on the other hand, the Commission i�nores the plan's guideiines for no good reason, then it should not be surprised when everyone else ignores them for no good reason. He s[ated that if the Commission is going to depart from the guidelines, there ought ro be a good, legitimate justification for doing it. He questioned the good, legitimate justification for departing from the guidelines in this case. Is a parking lot good, legitimate justification? Upon examining the site plan, he said he found that the on(y thing the duplex propetty wili be used for is parking, 14 parking places. Commissioner Gordon feels that the East Grand Avenue Small Area Plan was called to the attention of the Zoning Commitree, contrary to what Commissioner Chavez said, by staff on • page 2, finding �`2 of the staff report which states that the proposed rezoning is not in conformance with the comprehensive plan. He does not find jus[ification in removing a very nice older home, eliminating 2 residential units from the City, for 14 parking places. He thinks that does not make sense; is a bad decision, and is the kind of a bad decision that 1 ��-��� • Nie City Council looks at and wonders, `What are they doing in that Planning Commission?' Contmissioner Gordon aiso thinks [hat there is enough space between the end of the business building and the a[fey to park cars, and presumably there is also space for parking cars at other nearby busiaesses the Burns' own. He does not think the justification for additional parking is legitimate. Commissioner Gordon noted that he is atso very concerned about the B-3 zoning because rezoning is the single biggesc step that enables a fast food type operacion or any other such use to take place. A special condition use permi[ is much easier to obtain, and the Commission is much more wlnerable in denying a SCUP in the future, afrer the property is already rezoned, than we are right now in simply refusing to permit the rezoning. He said that when a B-3 zone is created, it invites B-3 uses. He stated that he is also troubled because staff very clearly recommended denial and gave very specific reasons for that denial. However, the Zoning Committee report does not list the reasons for the Committee rejecting staffs recommendation; there's no discussion. He is concerned that the Zoning Commit[ee hss noc adequately justified the failure to abide by die staff decision. He also noted diat there is no supporting data for the statement that the duplex is not economical. He finds [tiat unacceptabie. Commissioner Gordon noted, too that a(though there is a reference to die Burns' "working • on platts to [novc dic house", therc is no written commitmenc to do so. Of the 11 of 14 who sapported the peti[ion, Comrr�issioner Gordon understands that severat of those 11 are other businesses who would welcome the opportunity to have cars visiting their businesses taking [he places vacated by the cars that are parked there for Mr. Burns' business. Hc also understands that the motivation of a number of the neighbors who signed die pctition �vas to get cars off the street. He sees this as narrow self inrerest and not in the interest of ihe Ci[} or ihat community. Commissioner Gordon encouraaed members of the Zoning Committee to revisit their decision. He quoted Justice Frankfurter, "Wisdom too often never comes, therefore it shouid not be rejected merely because it comes late." Commissioner Kramer noted that if there had been a similar provision in the East Grand Avenue Small Area Plan as the Commission provided for in the recently adopted Thomas Dale Small Area Plan, that said if the District Council and a developer come up with a proposal they matually agree to that the Commission would accept that, then we wouldn't be having this discussion. Commissioner Kramer aiso no[ed some things were not mentioned: - the proposed expansion inclu@es a$400,Q00 addition to the block, which inclades a remodeling of the existing building and facade and requires a]0-foot setback from the • nex[ residential property line. - he doesn't think it is tegal to park 10 cars behind a duplex unless it is rezoned. 0 + �I `Z ^ ^,�� �-. • Commissioner Lee thanked Commissioner Gordon for doing his homework and Commissioner Geisser for bringing the small area plan to the Commission's attention. He questioned why a B3 zone was petitioned for instead of a P-1, since parking is what he says he needs. He said he will vote against the motion. Commissioner Vaught reminded Commissioners that the small area plan is merely a piece of paper, tl�e expressed ���ill and opinion of the people who worked on it from tt�eir perspective in 1989. He continued to say diat today we have in (he application to zezone, the judgments and opinions of 11 of the 14 abu[ting property owners from 8ieir perspective in 1996. He stated that he ofren sees wid�in the Commission's deliberations the attimde tfiat any residential use is to be favored over any commercial use, no matter what, and that any philosopl�ica( adherence [o any residential use is more righteous than any commercial use, no matter what. He disagrees with that attitude and urged Commissioners to listen ta the opinions ot'the property owners of tlie abutting property, no matter what Ihe use of that �roperty. Commissioner Geisser commented d}at she feels she is representing a siient majoriry. She knows thcre are a number of people who did not pnrticipate in the process who feet very strongly about tliis issue. She chatlznged Commissioner Vaught's statement that Ihe Conm�ission always secros to favor residences over athec uses. She thinks qiat the mood is centered around whatever businesslcommercial development says. Regarding itexibility, slie referred to anothcr part of tf�c East Grand Avenue Small Area Pi�n, wl�ere it is c{ear that thc rationale u•as to maintain thc residents. The task force felt very strongly diat this • avenue cannot succecd unless is a criticat mass of residents. There are some potentiai redcvclopmcnt areas. Comntissioncr [Jowlin stated tfiat hc is intrigued by the debate, howevcr, it seems to pi[ planning versus zoning. He thinks that the debate is covering the wrong thing. It's a zoning question, but flie overarching issue is whether or not d�e small area plan shouid be amended and/or whether or not the zoning ordinance shoulJ bc amendcd. [=rom a City- widc perspective, dre issue seems tu reall}' be whethcr �ve shouid sacriFicc this duplex for morc {�arking, but that's not dic question here. He also doesn't agree that this request is abtiulutel}� inconsistent with the small area plan. He thinks the issue should be tabled until more infonnauon can be obtained. Comnussioner Mardell added, considering the uniqueness of Grand Avenue and taking the lon� term view, t�e doubts if the existing use or [he expanded use, is the highest and bes[ use of tl�e site. As co-chair of the Selby Avenue Task Force, he has become much more sensitized to smafl area plan guidelines, so he will vote in opposition to the mo[ion. Commissioner Wencl tead a paragraph from a letter to the Zoning Committee sent by the Summit Hill Association, for the Commissioner's consideration: While rezonina from residentia( to commercial is in fact against the district plan, it was aereed tha[ this proposal would not be detrimental, but would rather enhance the livabi(ity of the neighborhood by improving the aesthetics of the repair shop, by • minimizing auto access from Chatswonh, and by getting cars off the street. It was determined that this proposal would not intensify commercialization, but rather would help to mitigate the traffic and parking problem that currentty exists. c, i ���3��- Commissioner Treichel commented that in order to balance the scenerio that has been piayed out ltere in discassion that Mr. Burns a•ii( do this rezoaing, sell the properry, and then God knows what's going to happen, she will counter that with the scenerio that maybe Mr. Burns has three sons and he wiil pass the business onto them, and maybe that business will be there for another fifry years. She intended to get across that this is not a slippery slope, and she is bodiered by the Commission allegging that people witl not continue to do tivhat they say [hey tvill do. C6air DlcDonell ca!!ed for a roll call vote. The motion to approve the requested rezoning of property from R�t-2 to B-3 at 986 Grand Avenue carried on a roll call vote of 11 - 6(11laddos, l�tardell, Gordon, Lee, Noa�lin, Geisser). Chair McDonel( noted that the Planning Commission's passion and discussion of the tast issue w�as superb, but it also pointed out that where the zoning ordinance now is the preeminent decision maker, under the new guidelines from the Metropoiitan Counci[, the planning documents will be preeminenc. Commissioner Nowtin rei[erated the imporcance of Commissioner Kramer's point thac flexibiliry be contained in tliese small area plans. He suggested tl�at there be a vehicle in piace ro assess or to change the plans. � �� Commissioner Wene( reminded Commissioners that a rezoning goes to the Ciry Counci[ for their approvai, as well. • N96-290 Macales[er Colteec - Modification of Speciai Condition Use Permit to allow a t0 foot setback from tl�e southerly property Iine to accommodate building changes relating to thc south interior staircase of a new residence hatl (Cambridge Street between Summit & Grand; zoned R-3). Coatmissioner Wencl reported that this issue was iaid over urttil dre February 20 Zoning Committee meeting. 1196 ?91 Reinhard Kreuser - Nonconforming Use Pemtit to establish a contracror's exterior remodefing business as a legal non-confotming use on the property (843 Lexittg[on Parkway Soudt; zoned R-4j. NfOTtOti: Cocncriissioner LVenct mo��ed approval, with three conditions, of the requested nonconforming use permit to establish a conYractor's exterior remodeling business as a legal nonconforming use on the property at 843 Lexington Parkwa}', svhich carried unanintously on a voice rote. Commissioner Morton announced there is no agenda at this time; the next Zoning Committee meeting will not take place until February� 20. `'. Comprehensive Planning and Economic Development Committee No report. . f� `��' � � � MINUTES OF THE 20NING COMMITTEE CITY COUNCIL CHAMBERS, SAINT PAUL, MINNESOTA ON JANIIARY 16, 1997 PRESENT: Mmes. Farcy and Wencl; Messrs. Chavez, Gurney, Kramer and Vaught o£ the Zoning Committee; Mr. Warner, Assistant City Attorney; Mmes. Dadlez and Sanders and Mr. Ryan o£ the Planning Division. ABSENT: Field, excused Morton, excused Time: 3:38 - 4:40 p.m. The meeting was chaired by Barbara Wencl, Vice Chairperson. D,� BiRN9 D N7 uD NDA• 86 rand Av nue• so� hcidP be w n('ha cwo h and Ox£ord: #96-7.89� Rezonina. Rezone the property from RM-2 (residential) to B-3 (general business), to allow expansion and remodelling of the existing auto repair business at 9&2 Grand Avenue. Kady Dadlez, Planning Division staff, reviewed the staff report and presented slides. Staff recommended denial of the petition to rezone to B-3 based on findings 2, 3, and 4 of the staff report. The Summit Hill Association voted to approve the applicant's plans for expansion and parking, but did not support the petition to rezone to B-3. The Summit Hill Association supports the project provided the property is zoned to P-1. Commissioner Vaught asked if the property were rezoned to B-3, whether the combined square footage of the two lots in question as B-3 would be sufficient, and whether requirements would be met so as to allow a fast-food restaurant to locate on that corner. Ms. Dadlez responded that there is not a minimum 1ot size for a fast-food restaurant, however was uncertain how a drive-thru and the required amount o£ parking would be configured, but that it would be properly zoned for such a purpose. Commissioner Vaught further asked that if the duplex property was rezoned to P-1, whether it could be reasonably configured along with [he B-3 zoned lot, using the P-1 for parking for a£ast-food restaurant and using the B-3 property for the building. Ms. Dadlez responded that one criteria would require 100 feet of frontage along the principal access street, and that this condition would be met. Commissioner Faricy asked where other conservation areas were located on Grand Avenue, �i�t-�5� �-- �����' • Ms. Dadlez wasn't certain about the locations of all conservation areas but noted that the entire block between Chatsworth and Oxford on Grand Avenue is a conservation area, on 6oth the north and south sides, Mr. Ryan concurred, however with the exception of the corners which are developed commercially. Commissioner Vaught surmised that the intention of the district plan is that conservation areas remain as they are wi[hout any additional commercial encroachment upon the existing area, and that a conservation area is a more rigorously intended protection of property than the normal zoning controls that exist along Grand Avenue. Staff agreed with this determination. Ms. Dadlez explained that what is meant by a conservation area is that the mix of uses and of architecture on Grand Avenue is the epitome of what Grand Avenue is, and that it is to be preserved. There should not be any change between residential and commercial, and it references not providing parking in that block. Commissioner Vaught asked that if the request for rezoning to B-3 were to be granted, and the building were remodeled as proposed, whether the building would be flush with the property line on Grand Avenue, and whether it would be consistent with the other three corners of the intersection. Ms. Dadlez responded that it would be flush and consistent with the design guidelines in the sma12 area plan. Brian Alton, attorney for Linda and Daniel Burns, who were also present, . spoke. Mr. Alton reviewed that the business has been located a� this intersection for 50 years and that Mr. and Mrs. Burns intend to renovate the property at a cost of approximately $400,000. One curb cut will be removed from Chatsworth Street and one curb cut wi11 be moved down Grand Avenue further away from the intersection which they believe will improve traffic flow and allow for some additional parking on Chatsworth. He reviewed that th= rezoning and renovation will permit moving customers' cars for Lloyd's Automo*_io off of the side street as there is currently a lack of off-street parking and wi1l relieve some congestion from the street, The applicant believes the proposal will improve the neighborhood significantly and will also improvz th� character of the intersection. John Coleman, Ankeny Kelly Architects, displayed and reviewed design rend2rin9s of the proposal, Mr. Coleman pointed out that discussions are underway regarding moving the duplex to the cathedral area to be reused as housing. Mr. Alton addressed the issue of whether a fast food restaurant could be put on this property. It was determined that a minimum of I00 feet of frontage on its principal access street would be met. However, he noted that there would be special conditions that would need to be met as well as that it would require a special condition use permit, and felt the likelihood of a£ast foot restauran*_ being approved at that location to be remote. Mr. Alton reviewed that the applicant prefers B-3 zoning over P-1, because conditions associated with P-1 would limit their ability to use their property most efficiently. He noted that P-1 would not allow a sign on the site as . 2 '` - � � -'3 S �-- �� � • they intend to do. In addition F-1 would allow no structures on a P-1 lot� � He reviewed triat currently there is no intention o£ putting a structure on this site, however in the future something such as a vestibule may be desired and would not be allowed. The agplicant grefers that both lots be consistent with one zoning classification. Mr. Alton referenced finding no. 3 of the sta£f report, "...Rezoning of this property, however, and of other similar properties, proposals for which are 1ike2y to follow, could cumulative2y have an adverse impact by disrupting the baZance of commercial and residential uses on the avenue." noting that this finding was used to support denial of the rezoning. He argued that the committee should not consider potential rezonings for the future as a basis for considering this rezoning request. Commissioner Vaught observed that a P-1 zoning would carry with it less opporCUnities for intensive use than B-3, however he asked Mr. Alton to substantiate whether a P-1 zoning would in any way precl�de or affect the proposal for the subject property. Mr. Alton agreed. Commissioner Faricy asked how the cars would be transported from the parking area on the western side of the building around and into the bays on the eastern side. Mr. Alton reviewed that customers would park their cars in the lot and leave • them there until a service person would drive them into the service bay. The plan is to use the alley to come around the back of the building, much the same way as it is done currently. He said that in the event the site plan is not approved, that there is enough space to allow the maneuvering to take place on the site without using the alley. Commissioner Gurney asked for clarification regarding petition signatures for 990 Grand Avenue, as well as the asterisked signature £or 993 Lincoln, and whether the asterisk referenced a condition. Mr. Alton reviewed that James Rubin is purchasing the apartment building on a contract for deed, which is next door to the site proposed to be rezoned. City sta£f determined that the signature of a contract-for-deed purchaser was not sufficient but needed the fee owner. The fee owner is Francis Difveney, and was signed by his attorney. Mr. Alton said he was not aware of any significance meant by the asterisk. Commissioner Kramer asked whether a variance could be issued with respect to the sign restrictions in P-1. Mr. Ryan responded that if apglication was made for a variance that the Planning Commission would have the ability to grant it. Chris Trost, Executive Director of the Summit Hill Association, District 16 Planning Council, spoke. Ms. Trost referenced the letter submitted by John Siekmeier, President of the Summit Hi11 Association, that was distributed to . the committee. Ms. Trost reviewed that the Summit Hill Association was 3 f3 �f'!- ��� �� ���� opposed to the request to rezone 986 Grand Avenue to B-3 because of the lack of restrictions on a B-3 zone. The letter states that all of the zoning studies on the avenue and the resulting changes that have occurred, have attempted to limit or reduce the number of B-3 parcels on the avenue, with some of them having been reduced, and that rezoning must be considered in the long-term. Ms. Trost emphasized that the Summit xill Association supports the proposed remodeling and expansion, and they believe the business is an asset to the neighborhood and the success o£ that business is in the best interest of the neighborhood. The Su�r�mit Hill Association recommended that 986 Grand Avenue be rezoned to P-1 in order to accommodate the proposal. Ms. Trost reviewed the paragraph that: "Whi1e rezoning from residentia2 to commerciaZ is, in fact, against the District Plan, it was agreed that this proposal wouId not be detrimental, but rather would enhance the livability of the neighborhood by improving the aesthetics of the repair shop, by minimizinq auto access from Chatsworth and by getting cars off the s[reet. I[ was determined that this proposal wou2d not intensify commercia2ization, but rather would he2p to mitigate the traffic and parking probleln that currently exists." Commissioner Vaught reviewed with Ms. Trost the process that the Summit Hill Association followed to arriv< at its recommendation. Commissioner Vaught revisited a previous rezoning request that was not approved by the committee for property on the north side of Grand Avenue between Milton and victoria. He recalled the opposition for that rezoning • from the district council, reviewing that a strong foundation to the district council's lack of support was that the rezoning was vio2ative of the district plan. Whereas, in reviewing the Summit Hill Association's position of support for a P-1 zoning in this case, he observed it to be a departure from the district plan. Rs these two positions were znconszstent he said it would affecc the cre3ibility that he'd place on the Summit Fiill Association's recommendation. Ms. Trost responded that the board made the motion fully realizing that it was in opposition te the district plan an3 the small area plan, What the board attempted to do was deterraine whether the proposal would be detrimental to the immediate communi�y and to the community as a whole. They determined that not only would it not be detrimental, that it would be an advantage and the community would benefit from it_ Traffic and parking are onz of the greatest problems that are present on Grand Avenue and in the Summit Hill neighborhood and it has been with their goals and objectives for years that they wi11 do wha[ever they can, or that they will make it a priority [o solve or mitigate the traffic and parking problems. The board felt that this proposal helped to mitigate a traf£ic and parking problem. Ms. Trost compared the two proposals for rezoning. She said that the petition to rezone 885 Grand Avenue was seen as an extreme intensification of commercialization by the Summit Hi11 Association, as that proposal was to bring new businesses into the neighborhood. They felt that realistically they would not be providing the parking that was needed for that proposal (although they had on paper) and that it would also intensify the traffic ar.d parking problem that currently exists. The two proposals were seen as very different � 4 �� q� ,� for those reasons. ����r � Commissioner Vaught asked why he shouldn'[ put more credence in the ii of 14 signatures of the immediate abutting property owners who support a rezoning to B-3, notwithstanding the fact that it also is not in consort with the district plan, Ms. Trost responded that the recommendation of the Summit Hill Association is based on the knowledge of the potential in trie future, and she was uncertain whether the neighbors have also considered this. The applicant chose no rebuttle. There was a brief discussion of the present zoning for nearby properties: Cherokee Bank, across the street from the proposed property, with a parking lot behind the bank and a drive-in facility to the west of the bank. The property is zoned B-1 from the frontage on Grand to the alley, which includes the drive-in banking facility. Nearby property owned by Sherman Rutzick, that also has a parking lot behind it. This is zoned B-2C. • Mr. Ryan reviewed'that there is a B-2C on Chatsworth next to the alley and there is_also a B-2C next to Rutzick's building where the parking lot is. The southeast corner is B-2. Commissioner Vaught moved approval of the petition to rezone ta H-3. Commissioner Gurney seconded the motion. Commissioner Chavez referred to the staff report and asked why finding no. 4 supported staff's recommendation for denial. Ms. Dadlez responded that the current use of the property is a duplex, and that the current zoning allows for the reasonable use, and that what is located there now is a reasonable use of the property and isn't necessarily a reason to rezone it. Commissioner Vaught said he did not £ind that to be critical to a findinq oP a B-3 zone. Commissioner Vaught said he didn't think the issue of what the district plan says ought to control in this case, and that is also the position of the Summit Hi11 Association, although they don't agree with B-3 zoning. C� 5 e �� J ✓ V Commissioner Gurney asked if the applicant were to want to put a car p��� � the parking side where the duplex currently is, and if zoned B-3, whether a Z ` � site plan review wouZd be required, which would include comp2iance with the sign ordinance. Ms. Dadlez responded that a site plan review would be required. Commissioner Vaught noted that although a fast-food restaurant would be an allowable use under a B-3 zoning that certain other requirements would require revisiting of any such proposal. Ms. Dadlez noted triat the motion excluded any reference to the comprehensive plan, and that she was uncomfortable rezoning property without it being consistent with the comprehensive plan_ She noted that there are citations in the staff report that discuss the design gui8elines, and also citations from the economic development strategy that she wouZd like to see referenced in the resolution. Commissioner Vaught said that his intent was to excise from the findings those things that were inconsistent with a rezoning to B-3 and that any findings that are not would remain and would be amenable to including anything that she felt pertinent. Commissioner Kramer said he would support the motion. However, he said it concerned him when the committee votes against a district plan, but noted that sometimes rigidity is written into plans, and it becomes necessary. He . pointed out that the Thomas Dale plan was adopted recently where this was not done, but a provision was added which helps prevent situations such as this from occurring. The motion recammending approval of the petition to rezone to B-3 carried on a voice vote of 6 to 0. Drafted by: l S�- ➢onna Sanders Submitted by: ����� xady Dadlez Approved by: Barbara Wencl Vice Chairperson • 0 � '�S� • ZOL3ING CO�SITTES STAFF REPORT ___________°__-__�___________ FILE # 96-284 1. APPLICANT: DANIEL AND LINDA BURNS DATE OF HEARING: O1/16/97 2. CLASSIFICATION; Rezoning 3. LOCATION: 986 GRAND AVENUE (south side between Chatsworth & Oxford) 4. PLAN2SING DISTRICT: 16 5. L$GAL DBSCRSPTION: Lot 2, Block 35; Summit Park Addition 6. PR858NT ZONING: RM-2 ZONING CODB R8F8RSNC8: 64.400 7. STAFF INVESTIGATION AND RBPORT: DATE: 1/9f97 BY: Kady Dadlez 8. DATE RECEIVSD: 12/09/96 DBADLINB FOR ACTION: 2/6/97 ==5________________________0======__ _____�__°_____________________�__�__�_________________ A. PURPOSE: Rezone property from RM-2 to B-3 to allow expansion and remodeling of the existing auto repair business at 982 Grand Avenue. B. PARCSL SIZB: The property has 40 feet of frontage on Grand Avenue and is 150 feet in depth for'a total lot area of 6,000 square feet. C. SXISTING LaxD IISS: The property is occupied by a two-story wood structure which is used as a duplex residence. D. Si7l2ROUNDING LAND IISS: North: Cherokee Bank in a B-1 zoning district and apartment buildings in � an RM-2 zoning district. East: Auto repair shop in a B-3 zoning district and a variety of commercial uses in an B-2 zoning district. South; Predominantly single family homes in an RT-1 zoning district. West: Small apartment buildings in an i7M-2 zoning district. E. ZONING COD& CITATION: Section 64.400(a) states in part, "the council may, from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed." Section 64.400(b) states in part that "an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned." • F. HISTORY/DISCIISSION: There is one pYevious zoning case concerning this � ��-'��� Zoning FiTe #96-269 Page Two property. The case involves a petition in 1992 to rezone the duplex property to B-I (later revised to B-2C) to allow a bridal shop and shop which designs and creates bridal veils and pageant gowns. The planning commission recommended approval but the city council denied the rezoning petition. G. DISTRICT COIINCIL RHCO2�NDATION: The Summit Hill AssOCiatiori vOted t0 approve the applicant's plans for expansion and parking but does not support the petition to rezone to B-3. The association supports the project provided the property is rezoned to P-1. H. FINDINGS• 2. The applicant owns the @uplex property to be rezoned. The applicant also owns Lloyd's Automotive at 982 Grand Avenue, a neighborhood auto repair shop that has been operating for 50 years. In order to provide better service and relieve traffic congestion the applicant plans to remodel the existing auto repair building and combine that property with the lot to the west to provide off-street parking for the expanded business. The applicant is working on plans to have the house moved to a new location in the 12amsey Hi71 neighborhood, � U The applicant intends to e�cpand the number o£ service bays in the • existing repair garage from six to nine or ten and provide off-street parking on the lot to the west. Plans include replacing the existing parking area at the northern portion o£ the property at 982 Grand Avenue with the expanded building built up to the northem property line. The proposed parking lot to the west, 14 spaces, would have ingress from Grand Avenue only, and egress to the alley. The lot, wi.th 40 feet of frontage on Grand Avenue, is not wide enough to provide ingress and egress at Grand Avenue. A fence and landscaped buffer is proposed along the western property line abutting an RM-2 zoning district. The existing auto repair shop employs nine people, one or two may be added as a result o£ the expansion. The hours of operation will remain the same after the expansion: 7:00 a.m. to 8:00 p.m Monday through Friday and 9:00 a.m. to I:00 p.m. Saturday. The applicant states that the use of the property as a duplex is not economically feasible because the cost of taxes (non-homesteaded), mortgage, insurance, and maintenance make a profitable return on the investment unlikely. 2. On balance, the proposed rezoning is not in conformance with comprehensive plan. The East Grand Avenue Small Area Plan, 1989, identifies the subject property as being located in the "conservation area." The plan states, "Conservation areas are where existing land use is established and site and building design is consistent with the Grand Avenue design guidelines. This plan seeks to protect those areas from • significant change. The current zoning is appropriate in these areas. t �� a � ��sy . Zoning File #96-289 Page Three Rezonings and variances should not be supported, and the design guidelines should be adhered to." #1, p.1. Zoning and Land Use recommendations o£ the East Grand Avenue Plan include: "Protect conservation areas from less restrictive zoning" and `�Curtail B-3 zoning." #1 &#2, p.2. Plan recommendations relating to parking state, "restrict parking lots from conservation areas. If zoning parcels are developed solely for new parking lots, they should be limited to 'non-conservation' areas and should be appropriately screened from the street and alley" and "Restrict building removal for parking. The removal o£ historic or residential buildings solely to provide additional parking is discouraged." #13 &#14, p.3. The proposed building expansion is in conformance with the Grand Avenue Design Guidelines established in the small area plan. One of the guidelines states, "Limit curb cuts on Grand Avenue. Parking lots should be located to the side or rear of commercial structures and have a minimum of curb cuts. For parking lots on comers, access from the side street is preferred." #22, p.4. The agplicant plans to locate the parking to the side of the existing commercial structure and create one curb cut. Another guideline states, "Protect and promate block-front- setback patterns. Many blocks on Grand Avenue have both commercial and residential type structures. In terms of design, the most successful of these-have`corner commercial structures up to the sidewalks, with �- smaller residential-type structures set back from the sidewalk in mid- block. This design pattern should be preserved and expanded. On a11- commercial blocks, buildings should have no setback form the sidewalk." #25, p.4 The applicant's plans include a building addition that will be built right up to the sidewalk. Objectives and policies of the Economic Development Strategy include: "ensure sufficient land for future business growth" and "the city's land use plan should provide adequate land for industrial and commercial development and expansion in order to increase the proportion of commercial/industrial tax base.'� #6 &#25, pp. 16 & 17. 3. The rezoning of this one parcel for commercial use would not, necessarily by itself, have an adverse impact on the surrounding community, particularly because it is immediately adjacent to an existing commercial area. Rezoning of this property, however, and of other similar properties, proposals for which are likely to follow, could cumulatively have an adverse impact by disrupting the balance of commercial and residential uses on the avenue. The East Grand Avenue Small Area Plan makes clear the importance of maintaining the existing architecture and mix of commercial and residential uses in the designated "conservation area." Such a change to existing conditions is discouraged and would disrupt the mix of use and design that is the hallmark of Grand Avenue. • On the other hand, if the property were rezoned to allow a parking lot, the applicant would no longer need to park veriicles that he has/will � ". `������- Zoning File #96-289 Page Four service, thus reducing parking and congestion in the streets, particularly Chatsworth Street. 4. The existing residential zoning allows for reasonable use of the property. 5. The applicant submitted a sufficient petition signed by two-thirds of the property owners within one hundred (100) feet of the property to be rezoned (14 parcels eligible, 10 parcels needed, and 11 parcels signed}. 6. The off-street parking requirement for the proposed expansion is 10 spaces. Four spaces will be lost due to the building expansion. Fourteen spaces will be provided in the new lot to the west. Thus, adequate off-street parking is provided for the use. The applicant's request to have alley access for the parking lot would be evaluated during review of the site plan. 'I. STAFF RSCOb4�NDATION: Based on findings 2, 3, and 4 staff recommends denial of the petition to rezone to B-3. � Addit3onaZ Informatioa � If the rezoning is approved, a special condition use permit will be reguired since the floor area of the building is expanding by more than 50 percent. The Planning Administrator would process the permit administratively rather than require a second public hearing since the planning commission is holding a public hearing on the rezoning petition currently. The planning commission amended its rules of procedure in 1984 to delegate authority for the approval of special condition use permits to the planning administrator in all cases where public hearings have been held in which the commission has recommended, and the city council has approved, a rezoning specifically for a special condition use. Section 60.54a{18) of the zoning code provides that auto repair businesses are permitted in a B-3 zone subject to certain conditions. These conditions and the developer's ability to meet them are as follows: a. The mittimvm lot area shall be fifteea thousand (15,000) square £eet. This condition is met. Combining the existing auto repair shop property (9,000 square £eet) with the lot to the west wi11 increase the lot size by 6,000 square feet to 15,000 square feet. �b. A ten-foot lattdscaped bu£fer with screen plantiag and an obscuring fence sha21 be required along any property line adjoiaiag to an existiag residence or adjoining to land zoaed rasideatial. This condition can be met. The site plan submitted indicates a new fence . and landscape border along the western property line. Depending upon the l� �� ,� S �- • Zoning File #96-289 Page Five degree to which the parking spaces are angled, there may or may not be adequate space to provide the full 10 foot setback with landscaped buffer. The required width for the maneuvering lane varies from 12 to 15 feet depending upon the angle of the parking spaces. If the maneuvering lane is required to be 15 feet then the setback from the western property line can only be 7 feet and the applicant would need a modification of this condition. If a modification is necessary, staff would not be able to pzocess the permit application administratively and a second public hearing would be necessary. c. All repair work shall be done within an enclosed building. This condition is met. The applicant understands that all work must take place within the enclosed building and that no repair may occur on the exterior of the lot or in the public right-of-way. d. There shall be no outside storage. This condition is met. The applicant does not propose any outdoor storage and understands that vehicle parts, tires, oil, or similar items may not be stored outdoors. :-The following conditions must also be met before the special condition use ,- • permit may be approved. a. The extent, Zocation and iateasity of the uae wiZl be in substantial compliance with the Saint Pau2 Compreheasive Plan and any applicab2e subarea plans which were approved by the city counci3. b. The use wi12 provide adequate ingress and egress to miaimize traffic congestion in the public streets. c. The use will not be detrimental to the existing character of the development in the immediate neighborhood or eadanger the pubSic health, safety and geaeral melfare. d. The use will not impede the norma2 and orderly development and improvement of the surrounding property for uses permitted in the diatrict. e. The use shaS2, in alI other respects, confozm to tbe applicab2e regulations of tbe district in which it is located. Staff would likely impose, at a minimum, the following conditions on the permit: i. A wood privacy fence, at least 6 feet in height, shall be installed along the western property line and shall be properly maintained at all times. 2. Parking for customers and employees shall be arranged on the lot as shown on the attached site plan. No more than 20 vehicles shall be parked outdoors on the lot. Only customer vehicles and employee vehicles of the permittee may be parked on the lot. This condition is intended to prohibit long term storage of vehicles on the lot. • 3. All vehicles parked outdoors on the lot shall be completely assembled with no parts missing. Vehicle salvage is not permitted. 4. Parking of vehicles that are awaiting repair or that have been repaired shall be prohibited in the public streets. �1��35 2- ) A INT VL ��� PETtTION TO AMEND ': HE ZONING CODE Department ojFlanning and Eco:znmic Develapment Zoning Sedion 1100 Cify Half Anner 25 West Fourth Street Saint Paul, MN SSIO2 266-6589 APPLICANT PROPERTY LOCATION Property Owner �a.p_iel and Linda Ri�rnc Address 482 Grand Avenue City_ St. Paul St.�Zip 551Q5 Daytime phone 228-1316 Contact person (if different) • Address/Location 986 Grand Avenne Legaldescription Lot 2_ Block 35_ Summit Park Additinn (attach additional s heet if necessary) TC THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, Dani el and Li nda Burns , the owner of ali the land proposed for rezoning, hereby petitions you to rezone the above described property ftom a RM-2 zoning district to a B-3 zoning district, for the purpose of: Permitting the use of the land preposed for rezoning for the same purpose as the lan� located at °82 Grand F,venue in order to permit the remodelling of the existing business knawn as L'oyd's Automotive. (attacB additional sheet(s) if nec� Attachments: Required site pian Subscribed and swom to before me this �, g� day of 1��='L�'�$ , 19 Fee owner of property Tdle: Page 1 of ,�, � � �,� �m < _ G�;�"!!; � �;�:— - .^ram �,..��c— _ = �t��� _:-.._VrY��!�, . . . eYr" Consent petition � Affidavit • u 2= �� . � S� � REZONING FIRST SUBMITTED SCUP NCUP DATE PETITION SUBMITTED: `�� v' � f� DATE PETITION RESUBMITTED: � � 2 ' 7 `!� DATE OFFICIALLY RECEIVED: DATE OFFIC[ALLY RECEIVED: �`� `� Rv __ • .,. PARCELS ELIGIBLE: PARCELS REQUIRED: PARCELS SIGNED: � � � PARCELS ELIGIBLE: PARCELSREQUIRED: PARCELS SIGNED: l � �� �� CHECKED BY: ��,�C��L��I� DATE: ' Z' I` 1 F�' ZONtNG F1L� q� �� C� �= ��-352- �� J T r? � v� C i ;,� � � r-� '✓� ��,, o„ .; `� � f 1 �f , � CONSENT OF AATOZNZNG YROPERTY OWNERS TO REZONING We, the undersigned, owners of the property within I00 feet of the total contiguous descripCion of rea2 estate owned, purchased, or so2d by petitioner within one year preceding the date of this petition, acknowZedge that we have been furnished with the following: . 1. A copy of the Petition of Daniel and Linda Burns 60.51i to . , (name of petitioner) 2. A copy of Sections 60.720, and 6Q.406�t� tA 60.454 , inclusive of the Saint Panl Zoning Code; and acknowledge that we are aware of a1Z of the uses permitted under a B-3 District zoning c2assi£ication and we are aware that any of these uses can be established upon City Council approval of the rezoning; and we hereby consent to the rezoning of the property described in the Petition of Daniel and Linda Burns to a B-3 District (name of petitionerj • • � . \ J z4 Petition shall not be considered as oEficially fi2ed until the 2apse of seven (7) working days after a petition is received by the P2anning Division. Any signator of any peti[ion may withdraw his/her name therefrom by written request within that time. page Z of � • � (name � �' ,�_� 11-21-1996 02:45PM FROM MCCLRY--ALTOIJ TO � � i � � I � CON3ENT OP AII1.10ININC PROPE[�i OWNERS TO &EZOt+ING f 3177575 P.02 S� �� �� tve, the nndersigned, owness of the propert7r within 104 £eet o£ tha total contiguous descrfpaion of eal estace owned, purchased, or sold by petitfo::er withZn one year precediag �he date of t�is petition, acknovledge,thac we have been furnished vith tha £ol owing: - 1. A copy�of the Pet�ti j of Daniel and Linda B�rnc ! 50.�11 tA 6D.552, C�e of petitiioner) 2. A copy �of Sectfons(� 7,9(l. ard fi0.4_Q6�fiR �`� -__, ��iusive o£ the Saint Paul Zoning Cod�e; and acknawledge CFiBC we are av�e oE a21 0£ the uses permitted under a B-3 _ pS.strict zoning classifica�ion and we are aware that any of these uses can be astablished �ipon Gity Council approval af the rezoning; and ve hereby consenc to the rezoning:of the propexty described in the Petit3.nn of ;_ Daniel_and Linda Burns to a 6-3 Discrict r) ft a► 9� E � , Petision shali aot be a� wosking days' aftez a pe+ � of any petition may vi that time. ed as o£ficially £iled until the lapse oE seven (7) is received by the Planning Dxvision. Any signator hisJhez aame ihexefrom by wricten zeguest wi.thin page � of �,,, ?OTAL P.62 2� 11-25-1996 @5�27PM FRQM MCCLAY-ALT�N Tp R�i ��� 2238163 P.04 i i ( { cASSEN': OF aiL10TNZVG YROPER�Y OvtiFgS Yo 8E?ANIac ✓ t ue, the uadarsig:ead, o*is+ess of the proQe=ty wi�hin 100 feet of :he cosal eoz:tigueeu desczipLien oP �a1 estate e�on�d, purei:ase8, or so2d by yetit£o�er wLthin one yrar psece8lag e daee oF rkis peti[ion, acknov_edge,that s�e have besn £urtniehed with the fo ensing: . 1. A eopy�of t31e Pet3.ei J of Oarie' and Lind 8�rn� � 60.�11 tp 60.552, C�e of peci�ioaer) 2, A cOppjo£ SectionafjQ�e�,�,§t]�'�1 A`WC06tgh�60_454____ _, inelusive of the Sainc $aai zor:ing Co , and aeknowladge dhac c:e aze aw e of x21 of r3:e +�aes pezmiete2 under a 6-3 DiscrieL zon3r,$ elassifiaa�io� aad ve aze avare tha! any of tbasa usea can bs sstabFished tigon City Counci3 agprwa2 of the rezoaing; :nd vc hereby cor.senc to chs zszoaing;oF the propexey dnaesibed in che Petition ef : Daniel 2 t� AD�Rr55 Oit � ._ Z,P�N _ at r�°= 9qo G�, A. ., s� , -� � i�'' � �f 4'�l , �P �� J � r-. ,� E`: �,� Fecicion shall not'�e oon trorking days` a�Ler a pet3 �- of any pecieion may ++ftt Chat time. Burns co a �- Disarict t. � • � � ; ed as officially fE1ed until the iapse of aeven (7j 3s teceiveB by the Plac:zning IIivisioa. Any signator his/her z�ame therefrom �y wricten req�est within page � of ,� ' . .. �Q���� ���� ��O'2�ar'1 I �DTAL P.62 � � � �i'� ^ � sy � STATE OF MJNNESOTA) COUNTY OF RAMSEY ) : SS � Aa 1 t t t�t} '�LN� S , being first duly sworn, deposes and states that fieJshe is the person who circulated the within petition and consent, consisting of � pages; that affiant is informed and believes that the parties described are the owners respectively of the lots placed immediately before each name, that affiant is informed and believes that each of the parties described above is the owner of tlie property which is within 100 feet from any property owned or purchased by petitioner or sold by petitioner within one (1) year precedittg the date of this petition which is contiguous to the property described in the petition; that except for none of the parties described above has purchased or is purchasing property from the petitioner contiguous to the above described property within one (i ) year of the date of the petition; that this consent was signed by each of said owners in the presences of this affiant, and that the signatures are the true and correct signatures of each and all of the parties so described. � � / � �'�L�/i � • � • Subscribed and swom to bef re me this�!dayof (�JG`�afYi� 19�(L) TAR PUBLI . � BRIAN D. ALTO"�s � � N � RAMSEVCOUhr�. > r��^� A 1 yConriss , oaEzW.r?�._ , 'wwv� , �� Z �e�C-�,+J {�i1�uJ�l't—. ADDRESS SZ O�� � j�j l�� z 2. K { 'a( �l TELEPHONE NUMBER ;� � •- � ' ` PAGE � OF \ 11-1-96 a�-���- Attachment to 5oecial Condition Use Permit ARnlication• • 982-986 Grand Avenue, St. Paul MN 55105 Lloyd's Automotive has operated at the cor�er of Grand and Chatsworth as a neighborhood service station, celebrating 50 years of service this year. In order to provide better service to customers and relieve traffic congestion , the owner's of Lloyd's Automotive have applied to rezone the property of 986 Grand Avenue to the same zoning classification as the business at 982 Grand Avenue. The existing building will be remodeied and the lots combined in order to provide sufficient off-street parking for the business. The conditions of codes section 60.544(18) a-d will all be met. By adding the additional Iot to the business, the minimum lot size for an auto service use will be met. The landscaping and fence required will be instaited. All repair work will be done in the enclosed building and there will be no outside storage. The conditions of code section 60.300(d? will be met. Lloyd's Automotive is a permitted use in a B-3 Zone area subject to special conditions. An auto service station, in compliance with all requirements of the code, is a compatible mixed use along the existing Grand Avenue commercia! strip. This � compties with the policies of the comprehensive plan. Remodeling and use of the adjacent land are designed to improve ingress and egress. Traffic congestion will be relieved by the improved site plan and the addition of off- street parking. The continued use of a well established neighborhood business will not be detrimental to the character of the neighborhood. Over three fourths (3/4) of the customer's of Lloyd's Automotive live in the 55105 zip code. The comprehensive ptan reftects the need for the zoning code to be flexible to reflect current commerciai trends. There is a need to renovate the existing business to better serve its customers. The current multiple family residential use of the property at 986 Grand Avenue is not economically feasible, The approval of the special condition use permit and rezoning of 986 Grand Avenue will not impede development and improvement of the surrounding property. The areas fully developed and the uses are well established. The use will in atl other respects conform to the applicabfe regulations of the district of which it is located. Z � 6 � i � i,7 � � 6� � -�==�— � � �� �l'i - ! , � EXISnrvG gRqND AVE. STR£ET UpiT EwSnrvG 5lDEWnl1c • ! � I ' r � � �� I � � � � � � � ' ' � EXIS7ING � S 1 DUPLEX � � � (�o ee a�+o�o) I I I f I i � i I � f I � � I �-----� EXISnNG� FENC: RETqINiNG WAt1 NN� GLANIER ` EXISTiNG B�NwNWS PAfiKiNG� 6U5 STC% EXiS�1:: STREE' UGI:T ' �' EXISTI:G 4GN � EXISi1NG TREE ( � EXISi1NG � EXISTING P RKINOU� I BUfLDING E%159NG- SDEWALH � E%ISiING PARKING CGRA4EL) � �� EXISIING ALLEY �OVERHEAp UTl1TY LMES � � � ���� � � �� Kel4 Architects • ' ��� ����� ���� SITE P Z� - EXISTtNG � T- 30' n � ti H � � a S U LLOY�'S AUTOMOTIVE A��1710N ANQ RE.NOVA - \ _ _ _ _ M1 ` _ \\ \ EXISt1NG i (TO BE I NEW BINMINZ PARKING 16 SiALLS TOTA INCL (1) VqN ACf GRAND AVE. ALLEY �o� Eno unum �u+es ! ��� ��� �� ���� ��� ���� � E�snuc 8U5 STO? EXISTiNG SRr EET �p1T ��-��a- • N � K O 3 � r- ¢ U • ��Y . K�e SITE PLA — NEW CONSTRUCTION nra,rte�cs �,�,�� SCALE T= 30' • LLOYL7'S AU O I A�E�ITION ANL7 RENOVATION \ �! EC EX6nNG �qRKMG STALL � / � � z 0 > � W 2 � � z 0 > W I � 0 z 0 Q > W k- W � �,� �3s �-- �o` �� � � � 0 � w a � 0 Q > W F- Q w �� �-� � � Y � <_ W � �- 0 � d �- � Q � � � � � � � Z 0 �- Q � � z W � � Z 4 Z Q � � � Q � �i �� -35�.- SPECIAL CONDITIUN USE PERMIT APPLICATION Departmenr of Planning and Economic Development Zoning Section II00 City HaII Annex 25 Wes[ Four[h Streer Saint Paul, M1V 55102 266-6589 APPLlCANT PROPERTY LOCATION Name Burcorn Inc. AddfeSS 982 Grand Avenue City St. Paul St. MN Zip 55105 Daytime phone 228-1316 Name ot owner (if difFerent) Address/Location 982 - 986 Grand Avenue_ St. Paul MN 55105 Legal description: Lots 1& 2. Block 35 Summit Park Addition Current Zoning �'"3 '� Z (attach addifionai sheet if necessary) TYPE OF PERMIT: Apptication is hereby made under the provisions of Chapter s4 Section �nn , Paragraph � of the Zoning Code for a: [?� Speciai Condition Use Permit ❑ River Corridor CondiEional Use Permit � Mod�cafion of River Corridor Standards SUPPORTING INFORMATION: in the space be�ow supply information fhaf is applicable to your type of permit (attach additionai sheets if rtecessary) • SPECIAL CONDITION USE: Explain how the use wiii meet each of the special conditions. • RNER CORRIDOR CONDi710NAL USE: Describe how the use will meet the applicable conditions. • MODIFICATION OF RIVER CORRIDOR STAIVDARDS: Expiain why modifications are needed. SEE ATTACHED SNEET site plan is attached � i ��t���� ���� `.�- � I�1 LI � �, �J ApplicanYs signature G�l'd�..��f" �i':�� Qate i Z ° i � City agent � �� �� ?� q�_ 3s� Summit �-Ii11 Association Distrsct 16 Pianning Council Kady Dadlez aso saint c�air avenue � Planning and Ecanomic Deve{opment �{�CEIVED Saint Paui Minnesota 55105 25 West Fourth Street �elephone 612-222-7222 Saint Paul, Minnesota 55102 JAN 1 5 1997 fex 612-222-1558 January 1q �ss� ZONfNG RE: Zoning File Number 96-289 Dear Ms. Dadfez and Members of the Zoning Committee af the Planning Commission, The Board of Directors of the Summit Hili Association/District 16 Planning Council recommends deniaf of the request by Daniel and Linda Burns to rezone 986 Grand Avenue fr�m RM-2 to B-3 in order to aifow expansion and remodeling of the existing auto repair business at 982 Grand Avenue. A B-3 zone is the least restrictive zone ailowed on Grand Avenue. B-3 is general husin?ss, not community business. All of the zoning s#udies of the Avenue, and the resulting zoning changes, have attempted to )imit or reduce the number of B-3 parcels on the Avenue. Rezoning must be considered in the long-term. One cannot assume that Mr. Burns will maintain ownership of Lloyd's Automotive indefiinitely. Having said that, I would like to emphasize that ihe Summit Hill Association supports Mr. Burns proposed remodeling and expansion of the existing auto repair business at 982 Grand Avenue. His business is an asset to the neighborhood and the success of this business is in the best interest of the neighborhood. _� ' The Summit Hill Association recommends that 986 Grand Avenue be rezoned to P-1 in order to accommodate this proposal. Mr. Burns was asked by the Zoning and Land Use Committee if he fi�as plans, or wants the option to expand his repair shop again in the future. He stated that he has no pfans to expand after this expansion and that he Is not opposed #o a less restric#ive zoning of P-1 if � allows him to compiete the currently proposed expansion. While rezoning from residentiai to commercial is, in fact, against the District Plan, it was agreed that this proposal would not be detrimentai, but rather wou{d enhance fhe iivability of the neighborhood by +mproving the aesthetics of the repair shop, by minimizing auto access from �n�t��. �.;� � �e�;;,5 �q�� �� t�� ���eEt. it was deterrnined that this proposai wouid not intensify commercialization, but rather would hefp to mitigate the traffic and parking probiem fhat currently exists. Therefore, the Summit HiH AssociationlDistrict 16 Pianning Councif recommends that the Zoning Committes ot the Planning Commission use its authori#y and discretion to rezone 986 Grand Avenue from RM-2 #o P-1 in order to ailow expansion and remodeling of the existing auto repair business at 982 Grand Avenue. Sincere{ , '_ -- `=_'� `�,%� g � .�..=.�— ������ . John Siekmeier, President � � g � �,. � � � �� �� Summit Hi11 AssociationlDistrict 16 Planning Council � g A i�. cc: Council President Thune Daniel and Linda Burns 33 R�-�52- RECEIVED JAN 13 1997 Gladys Morton, Chair Zoning Committee of the Planning Commission DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT 1100 City Hall Annex 25 West Fourth Street St. Paui, MN 55102 Attn; Kady Dadlez January 9, 9997 Re: 986 Grartd Avenue Lot 2, Block 35, Summit Park Addition Dear Ms. Dadlez: The Board of Directors of the Grand Avenue Business Association, at its regular December meeting, passed a resolution in support of the request by Dan and Linda Burns to rezone the property located at 986 Grand Avenue from RM-2 to B-3. Lloyd's Automotive has been an important business in the community for many years. It is appropriate to rezone the adjoining parcel of property to the same zoning classification as the current business in order to allow Lloyd's Automotive to provide better service to Grand Avenue and the neighborhood. �in eiy, ` Bonnie Johns Vice President BJ/ck �_��i���€'°:`` � :-?" �,� � ••'�. �"��d_ ZONING • . 1043 Grand Avenue, Suite 315• 0 St. Paul, Minnesota 55105 0 612-224-3324 nv�uv��� x��v�;u�llviV � ----- j� T�' �E1VE� ---- -- __ RE _ .------ ---SAN-�'t_199T - --- . ---� -- -Z�N���-- - ---- - =.��.� C�� a�L��� -.�y"� �� G ��.,�� _ -=� �=r 'G- _ , -� ------ -�-----�� - -- -- - -----��Ze %ir-d�c j _�.__ J ---_� -- - -'-�� -�-� � ��2� -�- - =`- ---- - - - - - ---- - - ----- -- ---------- ------ --- -----,�-.e�--- � -----�---� �"-� - j��y -�r� --- - - i?���e-- -- - " . - - - ---� - - - ���`�� --��� • _.�.�- i � q� _ 3� a Z����� �� � _ � ; r�� �ti:ti �_�.._. ; �� �' � ` �--��- ., , , � �-- ---- ��! �J� �� / � ,! � 1 � �/ , i � � � ��� � , � i / �� / � % / � `' / j. � �� ��� ,// ; � / , �/ � � �� i " .� �� , - , -.1:1�• .� � �' . , � � � -��-`��2- . � �� i'`� �� -�- � _ � ---- ---- ----- ----�- - ---- -- - - - - - - - - '-_ - -- � - � . . -- -�.�_�_ -6� -- - - - .. .. � . ,..� � r ,, y _'� ' � _ "_ _' . 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ANTHONY PARK 13. MERRIAM PARK-LEXINGTON HAMLIN&S1�IELLING HAMLINE 14. MACALES'I'ER GROVELAND 16. SUMMTT HIL 1 . DOWNTOWN �. . ZONING FILE ��°��`'' CTITZEN PARTICIPATION PLANNING DISTRICTS �� �3�� �ebruary 25, 1997 Council President Dave Thune Members of the City Council 310 City Hail Saint Paul, NIN 55102 Dear Councii President Thune and Councilmembers: We, the undersigned, all live on the norkh side o£ Lincoln Avenue within one biock of Chatsworth Avenue and Lloyd's Automotive. We access our alley opposite the automotive repair shop. We are also customers of Dan Burns. We oppose the rezoning of Lloyd's to B-3. The rezoning is a radical departure from the Grand Avenue Plan and its intent to preserve a mixture of residential and commercial uses along the street. An expansion of B-3 sets a precedent that reduces confidence in the long term use of the property and all the property along the Avenue. Dan Burns says he need parking to expand his business. �urrently, Chatsworth Avenue is filled with his customers'cars, so we know he already needs parking. But we will take Dan at his word that his intent for the new lot is only parking and offer support for a parking rezoning (P-1). �� � ��� `�6 / �,� �, r„ �f ( C��tcc�•-� � '. , � � ��� ��, s�_ �'/' 7.3 ��i��aC�F/ �t/�. � �� �� � �� �, �� � c.,��t� �-„-� _ 9 Ys' �'� �t � 5�v�c- . �i�� G�y�/� �'-� � f S 7 �-��..�`����- �-- �s7 ��.�,.. �.,��_ � Q . �,��..�.. (� e �:.�.-,�.,�.. � CONSENT OF ADJOINING PROPERTY OWNERS TO AMEND ��� �� REZONING PETITION c�r� _ 3S�-- We, the owners of the property within 100 fieet of the real estate owned by Daniel and Linda Burns, hereby consent to amend the Petition and to the rezoning of the property described in the: Petition of Daniel and Linda Burns to a P-1 District I acknowledge receipt of a copy of Section 60.721 to 60.723 of the St. Paul Zoning Code. ADDRESS = ` FEE:011st1�ER[S} __ 5tGt3tkTC1RE "DATE - � �Q-�r�x�Z� 2'�2� 978 Grand D&B Properties �^� L ,� � j, (R 7 975 Lincoln Billie Gilliland and WiNiam Gilliland ��' 1�� 969 Grand 999 Grand 995 Grand 985 Grand JSS Associates William Dunningun and Maureen Dunninghun �(�/��- Tab Properties Cherokee State Bank 990 Grand Francis J. pieveney, by 8ert McKasy under Power of Attorney dated April 1 S, 1993 994 Grand John Siekmeier and Rebecca Siekmeier 998 Grand 997 Grand 993 Lincoln Patrick F. Sullivan Mary Kerr Grant and Andrew Kerr Grant Linda Zick 983 Lincoin I Melvin Spielman and li��� °� �-� � Anna Spielman i 2����� 3 '���� ��/�� <�j�1�7 > �/�71y� COMSENT OF ADJO{NING PROPERTY OWNERS TO AMEND ����� REZONING PETITION �I We, the owners of the property within 100 feet of the real estate owned by Daniel and Linda Burns, hereby consent to amend the Petition and to the rezoning of the property described in the: Petition of Danief and Linda Burns to a P-1 District I acknowledge receipt of a copy of Section 60.721 to 60.723 of the St. Paul Zoning Code. . /ktI�RESS FgE; (3VYRtER(Si - ` SCGNATURE ° Dt.tT6 " . 978 Grand D&B Properties 975 Lincoln Billie Gilliland and William Gilliland 969 Grand JSS Associates ,� �a--��^� . '� / 999 Grand William Dunningun and Maureen Dunninghun 995 Grand Tab Properties 985 Grand Cherokee State Bank 990 Grand Francis J. Dieveney, by Bert McKasy under Power of Attorney dated April 18, 1993 994 Grand John Siekmeier and Rebecca Siekmeier �� � V ��� n 998 Grand Patrick F. Sullivan r�� `- ���f��•-- � �'���j ( � �,,.�,_ 997 Grand Mary Kerr Grant and Andrew Kerr Grant 993 Lincoln Linda Zick 983 Lincofn Melvin Spielman and Anna Spielman CONSENT OF ADJOINIIVG PROPERTY OWNERS TO AMEND � REZONING PETITION q � -' �J 5 We, the owners of the property within 100 feet of the real estate owned by Daniel and Linda Surns, hereby consent to amend the Petition and to the rezoning of the property described in the: Petition of Daniei and Linda Burns to a P-1 District 1 acknowledge receipt of a copy of Section 60.721 to 60.723 of the St. Paul Zoning Code. '.-_;-RDI7RES�- FEE t3]NNER(SI . - StGlY1lTC1£iE: , _I3ATE- _- 978 Grand D&B Properties 975 Lincoln Biilie Gilliland and William Gilliland 969 Grand JSS Associates 999 Grand William Dunningun and Maureen Dunninghun 995 Grand Tab Properties 9$5 Grand Cherokee State Ba�k 990 Grand Francis J. Dieveney, by Bert McKasy under Power of n ��� / Attorney dated April 18, ����" l' �� �� � �l ,�� � ! 1993 994 Grand John Siekmeier and Rebecca Siekmeier 998 Grand Patrick F. Sullivan 997 Grand Mary Kerr Grant and Andrew Kerr Grant 993 Lincoln Linda Zick 983 Lincoln Melvin Spielman and Anna Spielman CONSENT OF ADJOINiNG PROPERl'Y OWNERS TO AMEND REZONING PETITION � 7 3 S�" We, the owners of the property within 100 feet of the reaf estate owned by Daniel and Linda Burns, hereby consent to amend the Petition and to the rezoning of the property described in the: Petition of Daniel and Linda Burns to a P-1 District f acknowledge receipt of a copy of Section 60.721 to 80.723 of the St. Paul Zoning Code. ADTSEtESS- - FE�OWRiERtBT-. `- SlGttWTt7SE"- DA7E--- 978 Grand D&B Proparties 975 Lincoln Billie Giliiland and William Giililand 969 Grand .1SS Associates 999 Grand Wiiliam Dunningun and Maureen Dunninghun 995 Grand Tab Properties 985 Grand Cherokee State Bank 990 Grand Francis J. Dieveney, by Bert ,� McKasy under Power of �%�,��� ��^ � Attorney dated Aprit 18, ��� "l� �` �j p 1 1993 � �m� tL . 2�; 6 �,J 994 Grand John Siekmeier and Rebecca Siekmeier 998 Gra�d Patrick F. Sullivan 997 Grand Mary Kerr Grant and Andrew Kerr Grent 993 Lincoln Linda Zick 983 Lincoln Melvin Spielman and An�a Spielman �L Presented By � �': 4 � � ", £ !"`.. � �. ' �. f � , F � . . . .. ...� Green Sheet # \��� L, MINNESOTA 2 Referred To �� �C7 Council File # I� —3 S �' Ordinance # Committee: Date An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaiiung to zoning for the City of Saint Paul and the zoning maps thereo£ � 7 9 10 11 12 13 14 15 16 17 18 WI�REAS, Pursuant to Minnesota Statutes §462357 and §64.400 of the Legislative Code, DAIVIEL AND LINDA Bi7RNS duly petitioned to rezone 986 GRAND AVENUE, being legally described as Lot 2, Block 35; Summit Park Addition, from RM-2 to B-3, the petition being subsequently amended to rezone the properry from RM-2 to P-1, to allow development of a pazking lot to accommodate expansion and remodeling of the existing auto repair business at 982 Grand Avenue, the petition having been certified by the Planning Division on March 12, 1997 as having been consented to by at least 67 percent of the owners of the azea of the property to be rezoned, and fiirther having been consented to by at least two-thirds of the owners of the property situated within 100 feet of the total contiguous property within one year proceeding the date of the petition; and WHEREAS, The Zoning Committee of the Plaiming Commission held a public hearing on January 16, 1997, for the purpose of considering the rezoning petition, and pursuant to § 107.03 of the Administrafive Code, submitted its recommendation to the Planning Commission that the petition be granted; and 19 WHEREAS, The Planning Commission considered the rezoning petition at its meeting held on January 24, 20 1997 and zecommended that the City Council approve the petition; and 21 22 WHEREAS, notice of public hearing before the City Council on the said rezoning petition was duly 23 published in the official newspaper of the City on January 31, 1997 and notices were duly mailed to each 24 owner of affected property and property situated wholly or partly within 350 feet of the property sought to be 25 rezoned;and 26 27 28 29 30 31 32 33 34 35 36 37 38 39 WIIEREAS, public hearings before the City Council having been conducted on February 26, 1997 and Mazch 12, 1997, where all ittterested parties were heard, the Council having considered all the facts and recoxnmendations concerning the petition; now, therefore II�'I�K�lfl�[�I_11i]�1:1_�Zi]�.Y:\1��1771�JA�Z�]�.I.Y� '�� : 1� Section l. That the zoning map of the City of Saint Paul, Sheet Number 27, as incorporated by reference in §60301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That property with the address of 986 GRt1ND AVENUE, being more particularly described as: Lot 2, Block 35; Summit Pazk Addition �/ ?a�a1 40 be �nd is hereby rezoned from RM-2 to P-1. 3 5�— 41 q �" 42 43 Section 2. 44 45 This ordinance shall take effect and be in foYce fliiriy (30} days from and after its passage, approval and 46 publication. Bimrrecrc �. ; ! !' •. . Requested by Department of: �V-C Adoption Certified by Council Secretazy B �� a. � � Approved by Mayor: nate �f" I��� � By: By: Form Approve City Attorney BY� .2t%G°"lN�� r1�raCO—�2 Approved by Mayor for Submission to Council By: � G��� �---��• TOTAI # OF SIGNATURE PAGES FOR 3���� GREEN SH � � � �� a " INRI INRIAUDATE DEPAqTMENTDIRECTOfl �CfTYCOUNGL GINATTORNEY O CffYCLERK BUDGET DIRECipP � FIN. B MGT. SERVICES DIP. MAYOR(ORASSISTANT) � (CLIP ALL LOCATIONS FOR SIGNATURE) Adopt an ord'mance to fmalize council approval of a petition of DANIEL AND LINDA BURNS to rezone property located at 98b GRAND AVENLJE from RM-2 to P-1 (public hearings held February 26, 1997 and Mazch 12, 199� . RE Approva (A) w Aejact (R) PEHSONAL SEHVICE CONTRACTS MUST ANSWER THE FOLLOWfNG QUESTION3: L PLANNING COMMISSION _ CIYIL 5ERVICE CAMMISSION �� Nas lFiis person/iirm ever worked untler a comract for this departrnerr[? GB COMMISTEE YES NO ��� _ 2. Has ffiis person/tirm ever been a ciry employee? YES NO __ DISTflIGTGOURT __ _ SUPGORTS WHICH COUNCIL OB.IECT7VE? 3. Does tBis perso�rm possess a skill mt norrnally possessed by any wrrent c(ty employee? YES NO I Erzplalrt a11 yea anawers en aeparate ahaet a�tl attach tc green sheet �� �� t � IIiIATINO PROBLEM, ISSUF. OPPOR7UNIlY (VJho, What. When, Where, Why): Finalize council approval of a perition of DANIEL t�ND LINDA BURNS to rezone property at 986 GRAND AVENTJE from RM-2 to P-1 to allow development of a parking lot to accommodate expansion and remodeling of the existing auto repair business at 982 Graud Avenue. �������� 1�AR 20 j�9� ,���v�'d � �a-tC� � �^ ��-� �`���gf s ��..._�. , �_ ,�:.�,. � a .,<<��.� � �� i�97 ___---_��_�.>.���� �' ., • �. �� ' � < ;. OTAL AMOUNT OF THANSACTION $ COST7REVENUE BUDGETED (dRCLE ONE) Q�-�iF. )NOf47G SOURCE ACTIVITY NUMBER �ANCIAL INFOiifrfA710N: (EXGIAIN) STATE OF MINNESOTA COUNTY OF RANfSEY l ) ss ) ���� Daniel and Linda Burns, being first duly sworn, depose and state that they are the persons who circulated the within petition and consent, consisting of t�es-�c:.tr `t(,$) pages; that affiants are informed and believe that the parties described are the owners respectivefy of the fots placed immediately before each name; that affiiants are informed and believe that each of the parties described above is the owner of the property which is within 100 feet from any property owned or purchased by petitioners or sold by petitioners 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 above has purchased or is purchasing property from the petitioner contiguous to the above-described property within one (1) year of the date of the petition; that this consent was signed by each of said owners in the presences of affiant; and, that the signatures are the true and correct signatures of each of all of the parties so described. �� ������ NAME �{lV(U� NAME Subscribed and sworn to before me this 5th day of March, 1997. 3 � . � a.1� Notar� CAROLYN J KELL (( � , � NOTaav aiJBLiC—MINN£SOTA � uar.?SEY COUNTI' :�•,� b!: ,� �_... .__.,m,,,�.�.v.� 982 Grand Avenue. St. Paul, MN 55105 ADDRESS (61 21 228-1 31 6 TELEPHONE NUMBER Subscribed and sworn to before me this 6th day of March, 1997. �,�� � ,� � Notary Pub�ic CAROLYN S. KELt 4 � j�� NOTA RAMSEY COUNTY SOTA i n ('pinmiss�FxP�JAN37.2000 � � �qr��: t�N DEPAR'SMENT OF PLANNING & ECONOMIC DEVEIAPMENT CITY OF SAINT PAUL Norrrz Co[emwz, Mayor January 28, 1997 Ms. Nancy Anderson City Council Reseazch Office Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: Division of Plmverng 25 West Faurth Street Sa'vu Pau1, MN55102 c{,'�1 ' � S �- Telephone: 612-266-6565 Facsimile: 612-228d314 I would like to confirm that a public hearing before the City Council is scheduled for Wednesday February 26, 1997 far the following zoning case: Applicant: DADIIEL & LINDA BURNS File Number: #96-289 Purpose: Rezone property from 12M-2 (multiple family residential) to B-3 (general business) to allow expansion and remodeling of the existing auto repair business at 982 Grand Avenue, Lloyd's Automotive. Address: 986 GRAND AVENLJE (south side of the street between Chatsworth & O�'ord) Legal Description of Properiy: Lot 2, Block 35; Summit Park Addition Previous Action: Planning Commission Recommendation: Approval, vote: 11-6, January 24, 1997 Zoning Committee Recommendation: Approval, vote: 6-0, January 16, 1997 My understanding is that this public hearing request will appear on the agenda for the February 5, 1997 City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6582 if you have any questions. Sincerely, � �� �� Kady Dadlez City Planner Zoning Secrion cc: File #96-289 Mike Kraemer Donna Sanders , I: �� F � t�F�r' h � ' i� n� t '., �`i' --_ --- . �. - ° - - ` HOT2CE OF YUBLIC HEARITTG -. � � - - � ..-� ` -=.. � -.,.'_,�: ..: _ `_ . � T�e Saint .Paul k;ity� Council� wilt conduch a gublic rieartng on � Wec2nes�ay:�' Februazy 26. 1997, in the CouneiP�Chambers, Third Rloor Ciry HaIl to:consiQer�th� �, appllcatlbn ofDaaieYand Linda Burns to rezone propertyfrom RI13-2 (m"ultipleifamily- ' residenti2i) to�B3�(gexxeml business), to allow expansion and remodeling:of the ' . � O� au�; repair bnsiness at 9S2 Grand Avenue (sbnth��ide betwee,n Chatsivoi[h ;, Dated Januarg.28;;1997 '- _ . _ � , ' � . ,;� NAI!ICY ANDERSON , ,. � -� ,. ,,, .. _ �Assistant Qity Council Secretary � � - __ :. _ - " � _ � . � . . _. . .. - . . _ - fJa�7iary 31, 1997) . - - �` -`- � DEPARTMENT OF PLANNA*G & ECONOMIC DEVECAPMENT SaINT I I PAUL � � AApA'� CITY OF SAINT PAUL Norm Caleman, Mayor February 14, 1997 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, Minnesota 55102 RE: Zoning File #96-289 City Council Hearing: Division afPlannirzg 25 West Fourth SYreet Sav+t Paut, MN 55702 DAI�tIEL AND LINDA BURNS Februaty 26, 1997 430 p.m. City Council Chambers q� - 3sa. Telephone: 612466-6565 Facsimile: 6I2-228-3314 PURPOSE: To consider rezoning property at 986 GRAND AVENUE (south side between Chatsworth & Oxford) from RM-2 (residential multiple family) to B-3 (general business) to allow expansion and remodeling of the existing auto repair business at 982 Grand Avenue. PLANNING COMIvIISSION RECOMMENDATION: APPROVAL vote: 11-6 • ZONING COMMITTEE RECOMMENDATION: APPROVAL vote: 6-0 STAFF RECOMMENDATION: DENIAL SUPPORT: No one spoke. OPPOSITTON: No one spoke. District 16 supports the applicant's plans for expansion but voted to oppose the rezoning to B-3. District 16 supports rezoning the property to P-1 (pazking). Dear Ms, Anderson: � DANIEL AND LINDA BUKNS submitted a petition to rezone properry at 986 GRAND AVENiJE. The Zoning Committee of the PJanning Commission held a pubiic hearing on the proposed rezoning on January 16, 1997. The applicant's representative addressed the committee. At the close of the public hearing, the committee voted 6-0 to recommend apptoval to rezone to B-3. The Planning Commission upheld the Zoning Committee's recommendation for approval on a vote of i l-6 on 3anuary 24, 1997. This proposed rezoning is scheduled to be heard by the Ciry Council on February 26, 1997. Please notify me if any member of the City Council wishes to have slides of the site presented at the public hearing. 5incerely, Ken F�� Planning Administrator Attachments cc: City Council members q�-35�- city of saint paui planning commission resolution file number 97-03 �tE? January 24, 1997 WHEREAS, DANIEL AND LINDA BURNS, fi!e #96-289 have petitioned to rezone 986 GRAND AVENUE, situated on the south side of the street between Chatsworth & Oxford, from RM-2 to B-3 to allow expansion and remodeling of the existing auto repair business a[ 982 Grand Avenue; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on January 16, 1997 at which all persons present �i�are given an opportunity to be heard pursuant to said application in accordance �vith the req�irements of Sec[ion 64.400 of the Saint Paut Legislative Code; and WHEREAS, the Saint Paul Plannin� Commission, based on the evidence presented to its Zoning Committee at the public hearing, as substantially reflected in the minutes, made the following findings of fact: • The applicant oivns the duplex property To be rezoned. The applicant atso owns Lioyd's AutomoYive at 982 Grand Ae•enue, a neighborhood auto re�air sliop that has been operating for 50 years. In order to provide better service and relieve traffic con�estion the applicant plans to remodet the existing auto • repair building and combine thlt property with t6e iot to t6e west to provide off-sVeet parking for the espanded business. 7he applicant is working on plans to have the house moved to a new location in the Ramsey Hill neighborhood. The applicant intends to espand tlie number of service bays in the existin� repair garage from six to nine or ten and provide off-street parl:ing on the lot to the west. Plans include replacing the existing parking area at the northern portiott of the property at 982 Grand Avenue with die expanded bui(ding built up to tiie nonhern property line. The proposed parkin�, lot to the west, 14 spaces, would iiave ingress from Grand Avenue onfy, and egress to the a0ey. The lot, with 40 feet of fronta�e on Grand Avenue, is �toY �vide enough to provide ingress and egress at Grand Aveaue, A feiue and landscaped buffer is proposed along the western property line abutting an RM-2 zoning district. The e�isting auto repair shop emptoys nine people, one or two may be added as a result of the ex�ansion. T(ie hours of operation will remain the same afrer the expansion: 7:00 a.m, to 8:00 p.m Monday through Friday and 9:00 a.m. to 1:00 p.m. Saturday. The applicant states that the use of the property as a duplex is not economically feasible because the cost of taxes (non-homesteaded), mortgage, insurattce, and maintenance make a profitable return on the investment untikely. moved by �nCl seconded by in favor 11 a���t 6{Maddox, Mardell, Gordon, Lee, Nowlin, Geisser) • 0 ��-�s� • Zonina I=ile #96-289 Pa�e T�vo of Resolution 2. The proposed rezonin� is in conformance with comprehensive plan. Objectives and policies ofthe Economic Development Strategy include: "ensure sufficient land for future business growth" and "the city's land use plan should provide adequate land for industrial and commercial development and expansion in order to increase the proportion of commerciaUindustrial tax base." #6 & k25, pp. 16 & 17. In addition, the proposed building expansion is in conformance with the Grand Avenue Design Guidelines estabiished in ti�e East Grand Avenue Sma1S Area Pfan. One of the guideiines states, "Limit curb cuts on Grand Avenue. Parking lots should be located to the side or rear of commercial structures and have a minimum of curb cuts. For parking lots on corners, access from the side street is preferred." #22, p.4. Tlie applicant plans to locate the parking lot to the side ofthe existing commercial structure and create one curb cut; an existing curb cut to the east will be eliminated. Another guideline states, "Protect and promote block-front-setback patterns. Many blocks on Grand Avenue have both commercial and residential type structures. In terms of design, the most successful ofthese have corner commerciai structures up to the sidewalks, with smailer residential-type structures set back from the sidewalk in mid-block. This design pattern shoutd be preserved and expanded. On all-commercial blocks, buildii�gs should have no setback from the sidewalk." #2S, p.4 The applicant's plans include a building addition that will be built right up to the side�valk. 3. The rezoning of this one parcel for commercial use would not have an adverse impact on the surrounding community, particularly because it is immediately adjacent to an existing commercial • area. ]f the property were rezoned to allow a parkine lot, the applican[ would no lonaer need to park vehicles that he hasFwill service in tlie street, thus reducing parking and conoestion in the streets, particularly on Chatsworth Street. 4. The applicant submitted a sufficient petition signed by hvo-thirds of the property owners within one hundred (100) feet of thc propeRy to be rezoned (14 parcels eligible, 10 parcels needed, and l( parcels signed). 5. The off-street parkina requirement for the proposed expansion is 10 spaces. Four spaces wi1V be iost due to the building expansion. Fourteen spaces will be provided in the new lot to the west. Thus, adequate off=street parking is provided for the use. The applicant's request to have alley access for the parking lot can be evaluated during review ofthe site plan. NOW, THEREFORE, BE IT RESOLVED, by tl7e Saint Paul Planning Commission that the petition of DANIEL AND LINDA BURNS to rezone property at 986 GRAND AVENLIE, more particutarly described as Lot 2, Slock 35; Summit Park Addition, from an RM-2 zoning classification to a B-3 zoning classification is consistent with the Comprehensive Plan for the City; and BE IT FURTHER RESOLVED, that the Saint Paul Planning Commission does hereby recommend to the Council of the City of Saint Pau1 that properiy located at 986 GRAND AVENUE be rezoned from RM-2 to B-3 in accordance nith the petition for rezoning on file with the Saint Paul Planning Division. C� 3 ��1-3s� M�nu�es: Sa►h�- i'aut Plo�►h,v►o� Co�nw��Ssian Planning Commission of Saint Paul City Hall Conference Center 15 Kellogg Boulevard West Saint Paul, Minnesota 55102 A mee[ing of the Planning Commission of the City of Saint Paul was held Friday, January 24, 1997 at 8:30 a.m. in the Conference Center of Ciry Hall. Commissioners Mmes, Birk, Faricy, Geisser, Maddox, Mor[on, Treichel and Wencl and PresenL• and Messrs. Chavez, Gordon, Gurney, Kramer, Lee, Mardell, McDonell, Nowlin, Sharpe and Vaught. Commissiouers Mmes. *Duarte and *Lund-Johnson and Messrs. *Field, Jr. and Schwichtenberg Absent: *Excused Also Present: ICen Ford, Planning Administrator, Jean Birkholz, Kady Dadlez, and Roger Ryan of tlie Planning Staff. I. ApE�rova] of Minutes of January ]0, 1997 MOT[ON: Commissioncr Maddox snoved approval oF thc minutes of January 10, 1997; tl�e motion was seconded by� Commissioner Treichel and passed unanimously on a voicc votc. II. Chair's Announcements Steering Committee Meeting Report: Fifth Friday is scheduled for next Friday, January 31, 1997, from 8:30 a.m. - 10 a.m. Discussion on the revision of Saint Paul's Comprehensive Plan is on the agenda. The Fifth Friday in May will a(so be devoted to discussion of the Comprehensive Plan. - STAR Board: Frank Gurney will not be able to continue to represent the Planning Commission on the STAR Board. Chair McDonell asked members to call Roger Curtis in the Mayor's Office, 266-8531, if interested. Commissioner Gordon expressed interest in applying for the position. III. Planning Administrator's Announcements Mr. Ford announced: • • - Alter Trading Corporation filed a complain[ against the City of Saint Paul lasf week • challenging the moratorium which the City established on permitting recycling centers ��-�s � • with metal shredders and a number of other environmental related decisions. - Tn the meantime, the Planning Commission will proceed with the rezoning scudy the Ciry Council requested on metal shredders. - The Mayor has sent his recommendations on Planning Commission appointments to the Cit}' Council. The process wilt be finatized in approximately 2-3 weeks. - The Neighborhaods Conference is tomorrow. Commissioner Vaught requested a copy of Alter Corporation's complaint. Chair McDoneil requested one for each Commission member. Mr. Ford will look into the request. Chair McDonel{ stated that copies of a Ne�v York Times article, "What's Doing in Saint Paul" will be made available and sent out thanks to Commissioner Geisser. IV, 2oning Comn�ittee 1196-289 D�niel and 1 ind� i3urns - Rezone dte property from RM-2 to B-3 [o allow expansion and remodeling of the existing auto repair business at 982 Grand Avenue (986 Grand Avenue). ]1fOTfON: Cominissioncr 1i'encl moved approval of thc requested rezoning from Rhi- • 2 to I3-3 to allow expansioti and remodeling oF tlie existing auto repair business on Grand Avenue. Commissioner Wencl reported diat the District Councii voted to support a P-1 tezoning instead of a B-3, however, the 2oning Committee voted 6-Q to approve the rezoning to B-3. Commissioncr Geisser believes this request to rezone should be denied. She explained the relationship of this case to the East Grand Avenue Smal{ Area Plan, which is now part of thc Saint Paul Comprehensive Plan. Commissioner Geisser described Grand Avenue as a "unique" section ot Saint PauL She handed out a portion of the East Grand Avenue Sma11 Area Plan that was written to recognize and protea that "unique" quality. Although she finds the pian flexible, Commissioner Geisser proceeded to read parts of the plan that conflict with this case: (p. 1. col. 2) Description of a conservation area; the block where this auto repair business is located: .....it protects these areas from significant change......the current zoning is appropriate.......rezonings and variances should not be supported.......the design guidelines should be adhered to. (p. 2 under Zoning and Land Use): 1....we need to protect these Areas from less restrictive zoning.......should be protected from the expansion of B-2 and B-3 zoning. 2.....reinforces the intent to remove B-3 from anywhere on the Avenue. 3......cannol have premamre demolition of buildings. • (p. 3): 12......establishes that P-1 is used for parking locs. 13.....establishes the fact that there should be no parking lots in conservation areas. 14......recommends that houses no[ be removed to allow for parking lots. � l 9�-�5� (p.4): Grid diat shows conservarion areas Commissioner Geisser's intent was ro show [hat this rezoning is inconsistent with the East Grand Avenue Small Area Plan. She noted that having served as the Chair of [he East Grand Avenue Task Force, it was quite apparent that the group's choice was for a11 B-3 zonings to be removed from the Avenue, And the evolution of Grand Avenue was not ro increase auto repair statioas. Since diis request asks for an expansion of an auto repair station as wel! as permission to demo�ish a house in order to provide additional parking, it is inconsistent with the plan. The plan ctearly states [hat houses are not to be removed to provide parking. A study at that time proved the gain of only 7-9 spots when a house is demoiished, which is hardty sufficient reason for destroying a house. Comntissioner Geisser found Summit Fiill's decision of P-1 over B-3 to be compromising but just as problematic and inconsistent as the request by Mr. Burns, because it also calls for die removal of a house to provide parkina. J Commissioner Geisser wamed Commissioners that shoufd this property be rezoned to B-3, it will ahvays be B-3, which means that any use allowed in a B-3 zone would be permitted on this property, including a fast-food restaurant. Past food restaurants are also not allowed by the Gast Grand Avenue Small Area Plan. She pointed out that a conservation area on Grand Avenue maans that the block is residentia] except for the corners, and encroachment into d1e block from thc ends is not d�e intent of d�is plan. She noted that once this precedent had been set, it could have far-reaching effccts. . Commissioner Geisser's concerns ref7ect Irer passion and conviction to cherish the jewe( oF Saint i'aul by adherino ro the guidetines deveioped by devo[ed pcople on the task force wlto spen[ many long and iatensc hours developing and dclibcrating over thcse specific guidelines in I989. Commissioner Vaugh[ commented that he believes Commissioner Geisser has overstated thc case for her position in at least three cases: 1) her statement that the Last Grand Avenue Small Arca Plan is flexihlc. He stated that in his opinion the plan is very inflexible, and that it is it's inflexibilit} that leads ro discussions such as today's. Ie invites itself to read as though it were a piece of conerete and noc a piece of paper. 2) Several times Commissioner Geisser referred to"demolishing° the house in question. He noted that it is his understanding that the plans are to move the house, not demolish it. 3) 7'he fast food restaurant business. He added that fast food restaurants may be located in B-3 zones, but they may be located in B-3 zones, only subject to special conditions, which means [hey must acquire a special condition use pertnit through the process of application, a pablic hearing before the Zoning Commiitee, and probably also a pablic hearing before the City Council because such a requesf would cercainty be appealed by Grand Avenue residents and basiness peopie. Commissioner Vaught continued to take the Commission through the rezoning process: any rezoning can either be initiated by the Cin• Council, by the Planning Commission itself, and, the most common way, through a peticion of abutcing or adjacenc property owners. In this case, there are 14 property owners within the circumference of property owners who • needed to be consulted regarding the rezoning procedure. Unless the requisite number of those property owners approve a rezoning, it doesn't get any farther in the process. In this case, 11 property owners signed their approval of the B-3 zoning, which meant the rezoning � ��-�sa— • could move forward. It was put onto a Zoning Committee agenda. Ten days before the case is to be heard, the matter is sent out in a notice to the relevant district council for their consideration and recommendation. In this case, the Land Use Committee of che Summit Hill Association considered Ihe matter first. At a meeting where there was a full presentation by the applicant, tlie Land Use Commitree voted [o support the change to a B-3 zoning. Next, [he full board of the Summit Hill Association heard the case without benefit of a full presentation. The recommendation of the Land Use Committee to support the ctiange to B-3 zoning was defeared by a very close vote. Then, at that same meeting, the district council voted to approve [he P-I zoning. This is very significant. No one immediately aPfected and/or interested in this change is encouraging us to follow the inflexible guidelines of the East Grand Avenue Plan. Anyone in question is supporting something efse and these are people much closer to the issue than is die Planning Commission. Commissioner Vaught encouraged the Commissioners to support the B-3 rezoning. Commissioner Chavez commended Commissioner Geisser on her presentation. He felt that since there apparently were such strong feelings and concerns regarding ti�is issue, she or someone else should have been at the Zoning Committee to provide testimony. Conm�issioner Gumey stated Ihat he went to tlte Zonino Commitcee meeting convinced tha[ the pruperty, at tha very best, should be zoned P-L At [he meeting he was told Ihat if ci[her one of dic lots in question were to be modified in the fumre, they would need to go • d�rougl� a��other planning process, including site plan review. Tfiis fact convinced him there was a safeguard for the neighborhood. He supports dle R-3 rezoning. Convnissioncr Gordon noted that he is very troubled by this and he will speak and vote in opposition to thc motion to rezone to B-3. He rciterated the Mayor's word [hat Grand Avenue is the "gem" of Saint PauL The unique mix which has taken years to develop on Grand Avenue needs special attention and should not be changed unless there is good reason. He noted Ihat the East Grand Avenue Small Area Plan of 1989 takes diose special considerations into account and has set up guidelmes to reFlect the unique characteristics of this very special A� enue. The plan takes into account die greater good of the City of Saint Paul and that particular neighborhood. He also commenred diat if the Planning Commission expects others to pay attenuon to the small area plan guide(ines, then the Commissioners, in their decisions ought also to pay attention ro these smal( area plan guidelines. If, on the other hand, the Commission i�nores the plan's guideiines for no good reason, then it should not be surprised when everyone else ignores them for no good reason. He s[ated that if the Commission is going to depart from the guidelines, there ought ro be a good, legitimate justification for doing it. He questioned the good, legitimate justification for departing from the guidelines in this case. Is a parking lot good, legitimate justification? Upon examining the site plan, he said he found that the on(y thing the duplex propetty wili be used for is parking, 14 parking places. Commissioner Gordon feels that the East Grand Avenue Small Area Plan was called to the attention of the Zoning Commitree, contrary to what Commissioner Chavez said, by staff on • page 2, finding �`2 of the staff report which states that the proposed rezoning is not in conformance with the comprehensive plan. He does not find jus[ification in removing a very nice older home, eliminating 2 residential units from the City, for 14 parking places. He thinks that does not make sense; is a bad decision, and is the kind of a bad decision that 1 ��-��� • Nie City Council looks at and wonders, `What are they doing in that Planning Commission?' Contmissioner Gordon aiso thinks [hat there is enough space between the end of the business building and the a[fey to park cars, and presumably there is also space for parking cars at other nearby busiaesses the Burns' own. He does not think the justification for additional parking is legitimate. Commissioner Gordon noted that he is atso very concerned about the B-3 zoning because rezoning is the single biggesc step that enables a fast food type operacion or any other such use to take place. A special condition use permi[ is much easier to obtain, and the Commission is much more wlnerable in denying a SCUP in the future, afrer the property is already rezoned, than we are right now in simply refusing to permit the rezoning. He said that when a B-3 zone is created, it invites B-3 uses. He stated that he is also troubled because staff very clearly recommended denial and gave very specific reasons for that denial. However, the Zoning Committee report does not list the reasons for the Committee rejecting staffs recommendation; there's no discussion. He is concerned that the Zoning Commit[ee hss noc adequately justified the failure to abide by die staff decision. He also noted diat there is no supporting data for the statement that the duplex is not economical. He finds [tiat unacceptabie. Commissioner Gordon noted, too that a(though there is a reference to die Burns' "working • on platts to [novc dic house", therc is no written commitmenc to do so. Of the 11 of 14 who sapported the peti[ion, Comrr�issioner Gordon understands that severat of those 11 are other businesses who would welcome the opportunity to have cars visiting their businesses taking [he places vacated by the cars that are parked there for Mr. Burns' business. Hc also understands that the motivation of a number of the neighbors who signed die pctition �vas to get cars off the street. He sees this as narrow self inrerest and not in the interest of ihe Ci[} or ihat community. Commissioner Gordon encouraaed members of the Zoning Committee to revisit their decision. He quoted Justice Frankfurter, "Wisdom too often never comes, therefore it shouid not be rejected merely because it comes late." Commissioner Kramer noted that if there had been a similar provision in the East Grand Avenue Small Area Plan as the Commission provided for in the recently adopted Thomas Dale Small Area Plan, that said if the District Council and a developer come up with a proposal they matually agree to that the Commission would accept that, then we wouldn't be having this discussion. Commissioner Kramer aiso no[ed some things were not mentioned: - the proposed expansion inclu@es a$400,Q00 addition to the block, which inclades a remodeling of the existing building and facade and requires a]0-foot setback from the • nex[ residential property line. - he doesn't think it is tegal to park 10 cars behind a duplex unless it is rezoned. 0 + �I `Z ^ ^,�� �-. • Commissioner Lee thanked Commissioner Gordon for doing his homework and Commissioner Geisser for bringing the small area plan to the Commission's attention. He questioned why a B3 zone was petitioned for instead of a P-1, since parking is what he says he needs. He said he will vote against the motion. Commissioner Vaught reminded Commissioners that the small area plan is merely a piece of paper, tl�e expressed ���ill and opinion of the people who worked on it from tt�eir perspective in 1989. He continued to say diat today we have in (he application to zezone, the judgments and opinions of 11 of the 14 abu[ting property owners from 8ieir perspective in 1996. He stated that he ofren sees wid�in the Commission's deliberations the attimde tfiat any residential use is to be favored over any commercial use, no matter what, and that any philosopl�ica( adherence [o any residential use is more righteous than any commercial use, no matter what. He disagrees with that attitude and urged Commissioners to listen ta the opinions ot'the property owners of tlie abutting property, no matter what Ihe use of that �roperty. Commissioner Geisser commented d}at she feels she is representing a siient majoriry. She knows thcre are a number of people who did not pnrticipate in the process who feet very strongly about tliis issue. She chatlznged Commissioner Vaught's statement that Ihe Conm�ission always secros to favor residences over athec uses. She thinks qiat the mood is centered around whatever businesslcommercial development says. Regarding itexibility, slie referred to anothcr part of tf�c East Grand Avenue Small Area Pi�n, wl�ere it is c{ear that thc rationale u•as to maintain thc residents. The task force felt very strongly diat this • avenue cannot succecd unless is a criticat mass of residents. There are some potentiai redcvclopmcnt areas. Comntissioncr [Jowlin stated tfiat hc is intrigued by the debate, howevcr, it seems to pi[ planning versus zoning. He thinks that the debate is covering the wrong thing. It's a zoning question, but flie overarching issue is whether or not d�e small area plan shouid be amended and/or whether or not the zoning ordinance shoulJ bc amendcd. [=rom a City- widc perspective, dre issue seems tu reall}' be whethcr �ve shouid sacriFicc this duplex for morc {�arking, but that's not dic question here. He also doesn't agree that this request is abtiulutel}� inconsistent with the small area plan. He thinks the issue should be tabled until more infonnauon can be obtained. Comnussioner Mardell added, considering the uniqueness of Grand Avenue and taking the lon� term view, t�e doubts if the existing use or [he expanded use, is the highest and bes[ use of tl�e site. As co-chair of the Selby Avenue Task Force, he has become much more sensitized to smafl area plan guidelines, so he will vote in opposition to the mo[ion. Commissioner Wencl tead a paragraph from a letter to the Zoning Committee sent by the Summit Hill Association, for the Commissioner's consideration: While rezonina from residentia( to commercial is in fact against the district plan, it was aereed tha[ this proposal would not be detrimental, but would rather enhance the livabi(ity of the neighborhood by improving the aesthetics of the repair shop, by • minimizing auto access from Chatswonh, and by getting cars off the street. It was determined that this proposal would not intensify commercialization, but rather would help to mitigate the traffic and parking problem that currentty exists. c, i ���3��- Commissioner Treichel commented that in order to balance the scenerio that has been piayed out ltere in discassion that Mr. Burns a•ii( do this rezoaing, sell the properry, and then God knows what's going to happen, she will counter that with the scenerio that maybe Mr. Burns has three sons and he wiil pass the business onto them, and maybe that business will be there for another fifry years. She intended to get across that this is not a slippery slope, and she is bodiered by the Commission allegging that people witl not continue to do tivhat they say [hey tvill do. C6air DlcDonell ca!!ed for a roll call vote. The motion to approve the requested rezoning of property from R�t-2 to B-3 at 986 Grand Avenue carried on a roll call vote of 11 - 6(11laddos, l�tardell, Gordon, Lee, Noa�lin, Geisser). Chair McDonel( noted that the Planning Commission's passion and discussion of the tast issue w�as superb, but it also pointed out that where the zoning ordinance now is the preeminent decision maker, under the new guidelines from the Metropoiitan Counci[, the planning documents will be preeminenc. Commissioner Nowtin rei[erated the imporcance of Commissioner Kramer's point thac flexibiliry be contained in tliese small area plans. He suggested tl�at there be a vehicle in piace ro assess or to change the plans. � �� Commissioner Wene( reminded Commissioners that a rezoning goes to the Ciry Counci[ for their approvai, as well. • N96-290 Macales[er Colteec - Modification of Speciai Condition Use Permit to allow a t0 foot setback from tl�e southerly property Iine to accommodate building changes relating to thc south interior staircase of a new residence hatl (Cambridge Street between Summit & Grand; zoned R-3). Coatmissioner Wencl reported that this issue was iaid over urttil dre February 20 Zoning Committee meeting. 1196 ?91 Reinhard Kreuser - Nonconforming Use Pemtit to establish a contracror's exterior remodefing business as a legal non-confotming use on the property (843 Lexittg[on Parkway Soudt; zoned R-4j. NfOTtOti: Cocncriissioner LVenct mo��ed approval, with three conditions, of the requested nonconforming use permit to establish a conYractor's exterior remodeling business as a legal nonconforming use on the property at 843 Lexington Parkwa}', svhich carried unanintously on a voice rote. Commissioner Morton announced there is no agenda at this time; the next Zoning Committee meeting will not take place until February� 20. `'. Comprehensive Planning and Economic Development Committee No report. . f� `��' � � � MINUTES OF THE 20NING COMMITTEE CITY COUNCIL CHAMBERS, SAINT PAUL, MINNESOTA ON JANIIARY 16, 1997 PRESENT: Mmes. Farcy and Wencl; Messrs. Chavez, Gurney, Kramer and Vaught o£ the Zoning Committee; Mr. Warner, Assistant City Attorney; Mmes. Dadlez and Sanders and Mr. Ryan o£ the Planning Division. ABSENT: Field, excused Morton, excused Time: 3:38 - 4:40 p.m. The meeting was chaired by Barbara Wencl, Vice Chairperson. D,� BiRN9 D N7 uD NDA• 86 rand Av nue• so� hcidP be w n('ha cwo h and Ox£ord: #96-7.89� Rezonina. Rezone the property from RM-2 (residential) to B-3 (general business), to allow expansion and remodelling of the existing auto repair business at 9&2 Grand Avenue. Kady Dadlez, Planning Division staff, reviewed the staff report and presented slides. Staff recommended denial of the petition to rezone to B-3 based on findings 2, 3, and 4 of the staff report. The Summit Hill Association voted to approve the applicant's plans for expansion and parking, but did not support the petition to rezone to B-3. The Summit Hill Association supports the project provided the property is zoned to P-1. Commissioner Vaught asked if the property were rezoned to B-3, whether the combined square footage of the two lots in question as B-3 would be sufficient, and whether requirements would be met so as to allow a fast-food restaurant to locate on that corner. Ms. Dadlez responded that there is not a minimum 1ot size for a fast-food restaurant, however was uncertain how a drive-thru and the required amount o£ parking would be configured, but that it would be properly zoned for such a purpose. Commissioner Vaught further asked that if the duplex property was rezoned to P-1, whether it could be reasonably configured along with [he B-3 zoned lot, using the P-1 for parking for a£ast-food restaurant and using the B-3 property for the building. Ms. Dadlez responded that one criteria would require 100 feet of frontage along the principal access street, and that this condition would be met. Commissioner Faricy asked where other conservation areas were located on Grand Avenue, �i�t-�5� �-- �����' • Ms. Dadlez wasn't certain about the locations of all conservation areas but noted that the entire block between Chatsworth and Oxford on Grand Avenue is a conservation area, on 6oth the north and south sides, Mr. Ryan concurred, however with the exception of the corners which are developed commercially. Commissioner Vaught surmised that the intention of the district plan is that conservation areas remain as they are wi[hout any additional commercial encroachment upon the existing area, and that a conservation area is a more rigorously intended protection of property than the normal zoning controls that exist along Grand Avenue. Staff agreed with this determination. Ms. Dadlez explained that what is meant by a conservation area is that the mix of uses and of architecture on Grand Avenue is the epitome of what Grand Avenue is, and that it is to be preserved. There should not be any change between residential and commercial, and it references not providing parking in that block. Commissioner Vaught asked that if the request for rezoning to B-3 were to be granted, and the building were remodeled as proposed, whether the building would be flush with the property line on Grand Avenue, and whether it would be consistent with the other three corners of the intersection. Ms. Dadlez responded that it would be flush and consistent with the design guidelines in the sma12 area plan. Brian Alton, attorney for Linda and Daniel Burns, who were also present, . spoke. Mr. Alton reviewed that the business has been located a� this intersection for 50 years and that Mr. and Mrs. Burns intend to renovate the property at a cost of approximately $400,000. One curb cut will be removed from Chatsworth Street and one curb cut wi11 be moved down Grand Avenue further away from the intersection which they believe will improve traffic flow and allow for some additional parking on Chatsworth. He reviewed that th= rezoning and renovation will permit moving customers' cars for Lloyd's Automo*_io off of the side street as there is currently a lack of off-street parking and wi1l relieve some congestion from the street, The applicant believes the proposal will improve the neighborhood significantly and will also improvz th� character of the intersection. John Coleman, Ankeny Kelly Architects, displayed and reviewed design rend2rin9s of the proposal, Mr. Coleman pointed out that discussions are underway regarding moving the duplex to the cathedral area to be reused as housing. Mr. Alton addressed the issue of whether a fast food restaurant could be put on this property. It was determined that a minimum of I00 feet of frontage on its principal access street would be met. However, he noted that there would be special conditions that would need to be met as well as that it would require a special condition use permit, and felt the likelihood of a£ast foot restauran*_ being approved at that location to be remote. Mr. Alton reviewed that the applicant prefers B-3 zoning over P-1, because conditions associated with P-1 would limit their ability to use their property most efficiently. He noted that P-1 would not allow a sign on the site as . 2 '` - � � -'3 S �-- �� � • they intend to do. In addition F-1 would allow no structures on a P-1 lot� � He reviewed triat currently there is no intention o£ putting a structure on this site, however in the future something such as a vestibule may be desired and would not be allowed. The agplicant grefers that both lots be consistent with one zoning classification. Mr. Alton referenced finding no. 3 of the sta£f report, "...Rezoning of this property, however, and of other similar properties, proposals for which are 1ike2y to follow, could cumulative2y have an adverse impact by disrupting the baZance of commercial and residential uses on the avenue." noting that this finding was used to support denial of the rezoning. He argued that the committee should not consider potential rezonings for the future as a basis for considering this rezoning request. Commissioner Vaught observed that a P-1 zoning would carry with it less opporCUnities for intensive use than B-3, however he asked Mr. Alton to substantiate whether a P-1 zoning would in any way precl�de or affect the proposal for the subject property. Mr. Alton agreed. Commissioner Faricy asked how the cars would be transported from the parking area on the western side of the building around and into the bays on the eastern side. Mr. Alton reviewed that customers would park their cars in the lot and leave • them there until a service person would drive them into the service bay. The plan is to use the alley to come around the back of the building, much the same way as it is done currently. He said that in the event the site plan is not approved, that there is enough space to allow the maneuvering to take place on the site without using the alley. Commissioner Gurney asked for clarification regarding petition signatures for 990 Grand Avenue, as well as the asterisked signature £or 993 Lincoln, and whether the asterisk referenced a condition. Mr. Alton reviewed that James Rubin is purchasing the apartment building on a contract for deed, which is next door to the site proposed to be rezoned. City sta£f determined that the signature of a contract-for-deed purchaser was not sufficient but needed the fee owner. The fee owner is Francis Difveney, and was signed by his attorney. Mr. Alton said he was not aware of any significance meant by the asterisk. Commissioner Kramer asked whether a variance could be issued with respect to the sign restrictions in P-1. Mr. Ryan responded that if apglication was made for a variance that the Planning Commission would have the ability to grant it. Chris Trost, Executive Director of the Summit Hill Association, District 16 Planning Council, spoke. Ms. Trost referenced the letter submitted by John Siekmeier, President of the Summit Hi11 Association, that was distributed to . the committee. Ms. Trost reviewed that the Summit Hill Association was 3 f3 �f'!- ��� �� ���� opposed to the request to rezone 986 Grand Avenue to B-3 because of the lack of restrictions on a B-3 zone. The letter states that all of the zoning studies on the avenue and the resulting changes that have occurred, have attempted to limit or reduce the number of B-3 parcels on the avenue, with some of them having been reduced, and that rezoning must be considered in the long-term. Ms. Trost emphasized that the Summit xill Association supports the proposed remodeling and expansion, and they believe the business is an asset to the neighborhood and the success o£ that business is in the best interest of the neighborhood. The Su�r�mit Hill Association recommended that 986 Grand Avenue be rezoned to P-1 in order to accommodate the proposal. Ms. Trost reviewed the paragraph that: "Whi1e rezoning from residentia2 to commerciaZ is, in fact, against the District Plan, it was agreed that this proposal wouId not be detrimental, but rather would enhance the livability of the neighborhood by improving the aesthetics of the repair shop, by minimizinq auto access from Chatsworth and by getting cars off the s[reet. I[ was determined that this proposal wou2d not intensify commercia2ization, but rather would he2p to mitigate the traffic and parking probleln that currently exists." Commissioner Vaught reviewed with Ms. Trost the process that the Summit Hill Association followed to arriv< at its recommendation. Commissioner Vaught revisited a previous rezoning request that was not approved by the committee for property on the north side of Grand Avenue between Milton and victoria. He recalled the opposition for that rezoning • from the district council, reviewing that a strong foundation to the district council's lack of support was that the rezoning was vio2ative of the district plan. Whereas, in reviewing the Summit Hill Association's position of support for a P-1 zoning in this case, he observed it to be a departure from the district plan. Rs these two positions were znconszstent he said it would affecc the cre3ibility that he'd place on the Summit Fiill Association's recommendation. Ms. Trost responded that the board made the motion fully realizing that it was in opposition te the district plan an3 the small area plan, What the board attempted to do was deterraine whether the proposal would be detrimental to the immediate communi�y and to the community as a whole. They determined that not only would it not be detrimental, that it would be an advantage and the community would benefit from it_ Traffic and parking are onz of the greatest problems that are present on Grand Avenue and in the Summit Hill neighborhood and it has been with their goals and objectives for years that they wi11 do wha[ever they can, or that they will make it a priority [o solve or mitigate the traffic and parking problems. The board felt that this proposal helped to mitigate a traf£ic and parking problem. Ms. Trost compared the two proposals for rezoning. She said that the petition to rezone 885 Grand Avenue was seen as an extreme intensification of commercialization by the Summit Hi11 Association, as that proposal was to bring new businesses into the neighborhood. They felt that realistically they would not be providing the parking that was needed for that proposal (although they had on paper) and that it would also intensify the traffic ar.d parking problem that currently exists. The two proposals were seen as very different � 4 �� q� ,� for those reasons. ����r � Commissioner Vaught asked why he shouldn'[ put more credence in the ii of 14 signatures of the immediate abutting property owners who support a rezoning to B-3, notwithstanding the fact that it also is not in consort with the district plan, Ms. Trost responded that the recommendation of the Summit Hill Association is based on the knowledge of the potential in trie future, and she was uncertain whether the neighbors have also considered this. The applicant chose no rebuttle. There was a brief discussion of the present zoning for nearby properties: Cherokee Bank, across the street from the proposed property, with a parking lot behind the bank and a drive-in facility to the west of the bank. The property is zoned B-1 from the frontage on Grand to the alley, which includes the drive-in banking facility. Nearby property owned by Sherman Rutzick, that also has a parking lot behind it. This is zoned B-2C. • Mr. Ryan reviewed'that there is a B-2C on Chatsworth next to the alley and there is_also a B-2C next to Rutzick's building where the parking lot is. The southeast corner is B-2. Commissioner Vaught moved approval of the petition to rezone ta H-3. Commissioner Gurney seconded the motion. Commissioner Chavez referred to the staff report and asked why finding no. 4 supported staff's recommendation for denial. Ms. Dadlez responded that the current use of the property is a duplex, and that the current zoning allows for the reasonable use, and that what is located there now is a reasonable use of the property and isn't necessarily a reason to rezone it. Commissioner Vaught said he did not £ind that to be critical to a findinq oP a B-3 zone. Commissioner Vaught said he didn't think the issue of what the district plan says ought to control in this case, and that is also the position of the Summit Hi11 Association, although they don't agree with B-3 zoning. C� 5 e �� J ✓ V Commissioner Gurney asked if the applicant were to want to put a car p��� � the parking side where the duplex currently is, and if zoned B-3, whether a Z ` � site plan review wouZd be required, which would include comp2iance with the sign ordinance. Ms. Dadlez responded that a site plan review would be required. Commissioner Vaught noted that although a fast-food restaurant would be an allowable use under a B-3 zoning that certain other requirements would require revisiting of any such proposal. Ms. Dadlez noted triat the motion excluded any reference to the comprehensive plan, and that she was uncomfortable rezoning property without it being consistent with the comprehensive plan_ She noted that there are citations in the staff report that discuss the design gui8elines, and also citations from the economic development strategy that she wouZd like to see referenced in the resolution. Commissioner Vaught said that his intent was to excise from the findings those things that were inconsistent with a rezoning to B-3 and that any findings that are not would remain and would be amenable to including anything that she felt pertinent. Commissioner Kramer said he would support the motion. However, he said it concerned him when the committee votes against a district plan, but noted that sometimes rigidity is written into plans, and it becomes necessary. He . pointed out that the Thomas Dale plan was adopted recently where this was not done, but a provision was added which helps prevent situations such as this from occurring. The motion recammending approval of the petition to rezone to B-3 carried on a voice vote of 6 to 0. Drafted by: l S�- ➢onna Sanders Submitted by: ����� xady Dadlez Approved by: Barbara Wencl Vice Chairperson • 0 � '�S� • ZOL3ING CO�SITTES STAFF REPORT ___________°__-__�___________ FILE # 96-284 1. APPLICANT: DANIEL AND LINDA BURNS DATE OF HEARING: O1/16/97 2. CLASSIFICATION; Rezoning 3. LOCATION: 986 GRAND AVENUE (south side between Chatsworth & Oxford) 4. PLAN2SING DISTRICT: 16 5. L$GAL DBSCRSPTION: Lot 2, Block 35; Summit Park Addition 6. PR858NT ZONING: RM-2 ZONING CODB R8F8RSNC8: 64.400 7. STAFF INVESTIGATION AND RBPORT: DATE: 1/9f97 BY: Kady Dadlez 8. DATE RECEIVSD: 12/09/96 DBADLINB FOR ACTION: 2/6/97 ==5________________________0======__ _____�__°_____________________�__�__�_________________ A. PURPOSE: Rezone property from RM-2 to B-3 to allow expansion and remodeling of the existing auto repair business at 982 Grand Avenue. B. PARCSL SIZB: The property has 40 feet of frontage on Grand Avenue and is 150 feet in depth for'a total lot area of 6,000 square feet. C. SXISTING LaxD IISS: The property is occupied by a two-story wood structure which is used as a duplex residence. D. Si7l2ROUNDING LAND IISS: North: Cherokee Bank in a B-1 zoning district and apartment buildings in � an RM-2 zoning district. East: Auto repair shop in a B-3 zoning district and a variety of commercial uses in an B-2 zoning district. South; Predominantly single family homes in an RT-1 zoning district. West: Small apartment buildings in an i7M-2 zoning district. E. ZONING COD& CITATION: Section 64.400(a) states in part, "the council may, from time to time, amend, supplement or change the district boundaries or the regulations herein, or subsequently established herein pursuant to the provisions of Minnesota Statutes Section 462.357 and amendments thereto as may be made from time to time. The planning commission may, from time to time, review district boundary lines to determine if, pursuant to state laws, such district boundary lines should be changed." Section 64.400(b) states in part that "an amendment to the zoning code may be initiated by the council, the planning commission or by petition of the owners of sixty-seven (67) percent of the area of the property to be rezoned." • F. HISTORY/DISCIISSION: There is one pYevious zoning case concerning this � ��-'��� Zoning FiTe #96-269 Page Two property. The case involves a petition in 1992 to rezone the duplex property to B-I (later revised to B-2C) to allow a bridal shop and shop which designs and creates bridal veils and pageant gowns. The planning commission recommended approval but the city council denied the rezoning petition. G. DISTRICT COIINCIL RHCO2�NDATION: The Summit Hill AssOCiatiori vOted t0 approve the applicant's plans for expansion and parking but does not support the petition to rezone to B-3. The association supports the project provided the property is rezoned to P-1. H. FINDINGS• 2. The applicant owns the @uplex property to be rezoned. The applicant also owns Lloyd's Automotive at 982 Grand Avenue, a neighborhood auto repair shop that has been operating for 50 years. In order to provide better service and relieve traffic congestion the applicant plans to remodel the existing auto repair building and combine that property with the lot to the west to provide off-street parking for the expanded business. The applicant is working on plans to have the house moved to a new location in the 12amsey Hi71 neighborhood, � U The applicant intends to e�cpand the number o£ service bays in the • existing repair garage from six to nine or ten and provide off-street parking on the lot to the west. Plans include replacing the existing parking area at the northern portion o£ the property at 982 Grand Avenue with the expanded building built up to the northem property line. The proposed parking lot to the west, 14 spaces, would have ingress from Grand Avenue only, and egress to the alley. The lot, wi.th 40 feet of frontage on Grand Avenue, is not wide enough to provide ingress and egress at Grand Avenue. A fence and landscaped buffer is proposed along the western property line abutting an RM-2 zoning district. The existing auto repair shop employs nine people, one or two may be added as a result o£ the expansion. The hours of operation will remain the same after the expansion: 7:00 a.m. to 8:00 p.m Monday through Friday and 9:00 a.m. to I:00 p.m. Saturday. The applicant states that the use of the property as a duplex is not economically feasible because the cost of taxes (non-homesteaded), mortgage, insurance, and maintenance make a profitable return on the investment unlikely. 2. On balance, the proposed rezoning is not in conformance with comprehensive plan. The East Grand Avenue Small Area Plan, 1989, identifies the subject property as being located in the "conservation area." The plan states, "Conservation areas are where existing land use is established and site and building design is consistent with the Grand Avenue design guidelines. This plan seeks to protect those areas from • significant change. The current zoning is appropriate in these areas. t �� a � ��sy . Zoning File #96-289 Page Three Rezonings and variances should not be supported, and the design guidelines should be adhered to." #1, p.1. Zoning and Land Use recommendations o£ the East Grand Avenue Plan include: "Protect conservation areas from less restrictive zoning" and `�Curtail B-3 zoning." #1 &#2, p.2. Plan recommendations relating to parking state, "restrict parking lots from conservation areas. If zoning parcels are developed solely for new parking lots, they should be limited to 'non-conservation' areas and should be appropriately screened from the street and alley" and "Restrict building removal for parking. The removal o£ historic or residential buildings solely to provide additional parking is discouraged." #13 &#14, p.3. The proposed building expansion is in conformance with the Grand Avenue Design Guidelines established in the small area plan. One of the guidelines states, "Limit curb cuts on Grand Avenue. Parking lots should be located to the side or rear of commercial structures and have a minimum of curb cuts. For parking lots on comers, access from the side street is preferred." #22, p.4. The agplicant plans to locate the parking to the side of the existing commercial structure and create one curb cut. Another guideline states, "Protect and promate block-front- setback patterns. Many blocks on Grand Avenue have both commercial and residential type structures. In terms of design, the most successful of these-have`corner commercial structures up to the sidewalks, with �- smaller residential-type structures set back from the sidewalk in mid- block. This design pattern should be preserved and expanded. On a11- commercial blocks, buildings should have no setback form the sidewalk." #25, p.4 The applicant's plans include a building addition that will be built right up to the sidewalk. Objectives and policies of the Economic Development Strategy include: "ensure sufficient land for future business growth" and "the city's land use plan should provide adequate land for industrial and commercial development and expansion in order to increase the proportion of commercial/industrial tax base.'� #6 &#25, pp. 16 & 17. 3. The rezoning of this one parcel for commercial use would not, necessarily by itself, have an adverse impact on the surrounding community, particularly because it is immediately adjacent to an existing commercial area. Rezoning of this property, however, and of other similar properties, proposals for which are likely to follow, could cumulatively have an adverse impact by disrupting the balance of commercial and residential uses on the avenue. The East Grand Avenue Small Area Plan makes clear the importance of maintaining the existing architecture and mix of commercial and residential uses in the designated "conservation area." Such a change to existing conditions is discouraged and would disrupt the mix of use and design that is the hallmark of Grand Avenue. • On the other hand, if the property were rezoned to allow a parking lot, the applicant would no longer need to park veriicles that he has/will � ". `������- Zoning File #96-289 Page Four service, thus reducing parking and congestion in the streets, particularly Chatsworth Street. 4. The existing residential zoning allows for reasonable use of the property. 5. The applicant submitted a sufficient petition signed by two-thirds of the property owners within one hundred (100) feet of the property to be rezoned (14 parcels eligible, 10 parcels needed, and 11 parcels signed}. 6. The off-street parking requirement for the proposed expansion is 10 spaces. Four spaces will be lost due to the building expansion. Fourteen spaces will be provided in the new lot to the west. Thus, adequate off-street parking is provided for the use. The applicant's request to have alley access for the parking lot would be evaluated during review of the site plan. 'I. STAFF RSCOb4�NDATION: Based on findings 2, 3, and 4 staff recommends denial of the petition to rezone to B-3. � Addit3onaZ Informatioa � If the rezoning is approved, a special condition use permit will be reguired since the floor area of the building is expanding by more than 50 percent. The Planning Administrator would process the permit administratively rather than require a second public hearing since the planning commission is holding a public hearing on the rezoning petition currently. The planning commission amended its rules of procedure in 1984 to delegate authority for the approval of special condition use permits to the planning administrator in all cases where public hearings have been held in which the commission has recommended, and the city council has approved, a rezoning specifically for a special condition use. Section 60.54a{18) of the zoning code provides that auto repair businesses are permitted in a B-3 zone subject to certain conditions. These conditions and the developer's ability to meet them are as follows: a. The mittimvm lot area shall be fifteea thousand (15,000) square £eet. This condition is met. Combining the existing auto repair shop property (9,000 square £eet) with the lot to the west wi11 increase the lot size by 6,000 square feet to 15,000 square feet. �b. A ten-foot lattdscaped bu£fer with screen plantiag and an obscuring fence sha21 be required along any property line adjoiaiag to an existiag residence or adjoining to land zoaed rasideatial. This condition can be met. The site plan submitted indicates a new fence . and landscape border along the western property line. Depending upon the l� �� ,� S �- • Zoning File #96-289 Page Five degree to which the parking spaces are angled, there may or may not be adequate space to provide the full 10 foot setback with landscaped buffer. The required width for the maneuvering lane varies from 12 to 15 feet depending upon the angle of the parking spaces. If the maneuvering lane is required to be 15 feet then the setback from the western property line can only be 7 feet and the applicant would need a modification of this condition. If a modification is necessary, staff would not be able to pzocess the permit application administratively and a second public hearing would be necessary. c. All repair work shall be done within an enclosed building. This condition is met. The applicant understands that all work must take place within the enclosed building and that no repair may occur on the exterior of the lot or in the public right-of-way. d. There shall be no outside storage. This condition is met. The applicant does not propose any outdoor storage and understands that vehicle parts, tires, oil, or similar items may not be stored outdoors. :-The following conditions must also be met before the special condition use ,- • permit may be approved. a. The extent, Zocation and iateasity of the uae wiZl be in substantial compliance with the Saint Pau2 Compreheasive Plan and any applicab2e subarea plans which were approved by the city counci3. b. The use wi12 provide adequate ingress and egress to miaimize traffic congestion in the public streets. c. The use will not be detrimental to the existing character of the development in the immediate neighborhood or eadanger the pubSic health, safety and geaeral melfare. d. The use will not impede the norma2 and orderly development and improvement of the surrounding property for uses permitted in the diatrict. e. The use shaS2, in alI other respects, confozm to tbe applicab2e regulations of tbe district in which it is located. Staff would likely impose, at a minimum, the following conditions on the permit: i. A wood privacy fence, at least 6 feet in height, shall be installed along the western property line and shall be properly maintained at all times. 2. Parking for customers and employees shall be arranged on the lot as shown on the attached site plan. No more than 20 vehicles shall be parked outdoors on the lot. Only customer vehicles and employee vehicles of the permittee may be parked on the lot. This condition is intended to prohibit long term storage of vehicles on the lot. • 3. All vehicles parked outdoors on the lot shall be completely assembled with no parts missing. Vehicle salvage is not permitted. 4. Parking of vehicles that are awaiting repair or that have been repaired shall be prohibited in the public streets. �1��35 2- ) A INT VL ��� PETtTION TO AMEND ': HE ZONING CODE Department ojFlanning and Eco:znmic Develapment Zoning Sedion 1100 Cify Half Anner 25 West Fourth Street Saint Paul, MN SSIO2 266-6589 APPLICANT PROPERTY LOCATION Property Owner �a.p_iel and Linda Ri�rnc Address 482 Grand Avenue City_ St. Paul St.�Zip 551Q5 Daytime phone 228-1316 Contact person (if different) • Address/Location 986 Grand Avenne Legaldescription Lot 2_ Block 35_ Summit Park Additinn (attach additional s heet if necessary) TC THE HONORABLE MAYOR AND CITY COUNCIL: Pursuant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, Dani el and Li nda Burns , the owner of ali the land proposed for rezoning, hereby petitions you to rezone the above described property ftom a RM-2 zoning district to a B-3 zoning district, for the purpose of: Permitting the use of the land preposed for rezoning for the same purpose as the lan� located at °82 Grand F,venue in order to permit the remodelling of the existing business knawn as L'oyd's Automotive. (attacB additional sheet(s) if nec� Attachments: Required site pian Subscribed and swom to before me this �, g� day of 1��='L�'�$ , 19 Fee owner of property Tdle: Page 1 of ,�, � � �,� �m < _ G�;�"!!; � �;�:— - .^ram �,..��c— _ = �t��� _:-.._VrY��!�, . . . eYr" Consent petition � Affidavit • u 2= �� . � S� � REZONING FIRST SUBMITTED SCUP NCUP DATE PETITION SUBMITTED: `�� v' � f� DATE PETITION RESUBMITTED: � � 2 ' 7 `!� DATE OFFICIALLY RECEIVED: DATE OFFIC[ALLY RECEIVED: �`� `� Rv __ • .,. PARCELS ELIGIBLE: PARCELS REQUIRED: PARCELS SIGNED: � � � PARCELS ELIGIBLE: PARCELSREQUIRED: PARCELS SIGNED: l � �� �� CHECKED BY: ��,�C��L��I� DATE: ' Z' I` 1 F�' ZONtNG F1L� q� �� C� �= ��-352- �� J T r? � v� C i ;,� � � r-� '✓� ��,, o„ .; `� � f 1 �f , � CONSENT OF AATOZNZNG YROPERTY OWNERS TO REZONING We, the undersigned, owners of the property within I00 feet of the total contiguous descripCion of rea2 estate owned, purchased, or so2d by petitioner within one year preceding the date of this petition, acknowZedge that we have been furnished with the following: . 1. A copy of the Petition of Daniel and Linda Burns 60.51i to . , (name of petitioner) 2. A copy of Sections 60.720, and 6Q.406�t� tA 60.454 , inclusive of the Saint Panl Zoning Code; and acknowledge that we are aware of a1Z of the uses permitted under a B-3 District zoning c2assi£ication and we are aware that any of these uses can be established upon City Council approval of the rezoning; and we hereby consent to the rezoning of the property described in the Petition of Daniel and Linda Burns to a B-3 District (name of petitionerj • • � . \ J z4 Petition shall not be considered as oEficially fi2ed until the 2apse of seven (7) working days after a petition is received by the P2anning Division. Any signator of any peti[ion may withdraw his/her name therefrom by written request within that time. page Z of � • � (name � �' ,�_� 11-21-1996 02:45PM FROM MCCLRY--ALTOIJ TO � � i � � I � CON3ENT OP AII1.10ININC PROPE[�i OWNERS TO &EZOt+ING f 3177575 P.02 S� �� �� tve, the nndersigned, owness of the propert7r within 104 £eet o£ tha total contiguous descrfpaion of eal estace owned, purchased, or sold by petitfo::er withZn one year precediag �he date of t�is petition, acknovledge,thac we have been furnished vith tha £ol owing: - 1. A copy�of the Pet�ti j of Daniel and Linda B�rnc ! 50.�11 tA 6D.552, C�e of petitiioner) 2. A copy �of Sectfons(� 7,9(l. ard fi0.4_Q6�fiR �`� -__, ��iusive o£ the Saint Paul Zoning Cod�e; and acknawledge CFiBC we are av�e oE a21 0£ the uses permitted under a B-3 _ pS.strict zoning classifica�ion and we are aware that any of these uses can be astablished �ipon Gity Council approval af the rezoning; and ve hereby consenc to the rezoning:of the propexty described in the Petit3.nn of ;_ Daniel_and Linda Burns to a 6-3 Discrict r) ft a► 9� E � , Petision shali aot be a� wosking days' aftez a pe+ � of any petition may vi that time. ed as o£ficially £iled until the lapse oE seven (7) is received by the Planning Dxvision. Any signator hisJhez aame ihexefrom by wricten zeguest wi.thin page � of �,,, ?OTAL P.62 2� 11-25-1996 @5�27PM FRQM MCCLAY-ALT�N Tp R�i ��� 2238163 P.04 i i ( { cASSEN': OF aiL10TNZVG YROPER�Y OvtiFgS Yo 8E?ANIac ✓ t ue, the uadarsig:ead, o*is+ess of the proQe=ty wi�hin 100 feet of :he cosal eoz:tigueeu desczipLien oP �a1 estate e�on�d, purei:ase8, or so2d by yetit£o�er wLthin one yrar psece8lag e daee oF rkis peti[ion, acknov_edge,that s�e have besn £urtniehed with the fo ensing: . 1. A eopy�of t31e Pet3.ei J of Oarie' and Lind 8�rn� � 60.�11 tp 60.552, C�e of peci�ioaer) 2, A cOppjo£ SectionafjQ�e�,�,§t]�'�1 A`WC06tgh�60_454____ _, inelusive of the Sainc $aai zor:ing Co , and aeknowladge dhac c:e aze aw e of x21 of r3:e +�aes pezmiete2 under a 6-3 DiscrieL zon3r,$ elassifiaa�io� aad ve aze avare tha! any of tbasa usea can bs sstabFished tigon City Counci3 agprwa2 of the rezoaing; :nd vc hereby cor.senc to chs zszoaing;oF the propexey dnaesibed in che Petition ef : Daniel 2 t� AD�Rr55 Oit � ._ Z,P�N _ at r�°= 9qo G�, A. ., s� , -� � i�'' � �f 4'�l , �P �� J � r-. ,� E`: �,� Fecicion shall not'�e oon trorking days` a�Ler a pet3 �- of any pecieion may ++ftt Chat time. Burns co a �- Disarict t. � • � � ; ed as officially fE1ed until the iapse of aeven (7j 3s teceiveB by the Plac:zning IIivisioa. Any signator his/her z�ame therefrom �y wricten req�est within page � of ,� ' . .. �Q���� ���� ��O'2�ar'1 I �DTAL P.62 � � � �i'� ^ � sy � STATE OF MJNNESOTA) COUNTY OF RAMSEY ) : SS � Aa 1 t t t�t} '�LN� S , being first duly sworn, deposes and states that fieJshe is the person who circulated the within petition and consent, consisting of � pages; that affiant is informed and believes that the parties described are the owners respectively of the lots placed immediately before each name, that affiant is informed and believes that each of the parties described above is the owner of tlie property which is within 100 feet from any property owned or purchased by petitioner or sold by petitioner within one (1) year precedittg the date of this petition which is contiguous to the property described in the petition; that except for none of the parties described above has purchased or is purchasing property from the petitioner contiguous to the above described property within one (i ) year of the date of the petition; that this consent was signed by each of said owners in the presences of this affiant, and that the signatures are the true and correct signatures of each and all of the parties so described. � � / � �'�L�/i � • � • Subscribed and swom to bef re me this�!dayof (�JG`�afYi� 19�(L) TAR PUBLI . � BRIAN D. ALTO"�s � � N � RAMSEVCOUhr�. > r��^� A 1 yConriss , oaEzW.r?�._ , 'wwv� , �� Z �e�C-�,+J {�i1�uJ�l't—. ADDRESS SZ O�� � j�j l�� z 2. K { 'a( �l TELEPHONE NUMBER ;� � •- � ' ` PAGE � OF \ 11-1-96 a�-���- Attachment to 5oecial Condition Use Permit ARnlication• • 982-986 Grand Avenue, St. Paul MN 55105 Lloyd's Automotive has operated at the cor�er of Grand and Chatsworth as a neighborhood service station, celebrating 50 years of service this year. In order to provide better service to customers and relieve traffic congestion , the owner's of Lloyd's Automotive have applied to rezone the property of 986 Grand Avenue to the same zoning classification as the business at 982 Grand Avenue. The existing building will be remodeied and the lots combined in order to provide sufficient off-street parking for the business. The conditions of codes section 60.544(18) a-d will all be met. By adding the additional Iot to the business, the minimum lot size for an auto service use will be met. The landscaping and fence required will be instaited. All repair work will be done in the enclosed building and there will be no outside storage. The conditions of code section 60.300(d? will be met. Lloyd's Automotive is a permitted use in a B-3 Zone area subject to special conditions. An auto service station, in compliance with all requirements of the code, is a compatible mixed use along the existing Grand Avenue commercia! strip. This � compties with the policies of the comprehensive plan. Remodeling and use of the adjacent land are designed to improve ingress and egress. Traffic congestion will be relieved by the improved site plan and the addition of off- street parking. The continued use of a well established neighborhood business will not be detrimental to the character of the neighborhood. Over three fourths (3/4) of the customer's of Lloyd's Automotive live in the 55105 zip code. The comprehensive ptan reftects the need for the zoning code to be flexible to reflect current commerciai trends. There is a need to renovate the existing business to better serve its customers. The current multiple family residential use of the property at 986 Grand Avenue is not economically feasible, The approval of the special condition use permit and rezoning of 986 Grand Avenue will not impede development and improvement of the surrounding property. The areas fully developed and the uses are well established. The use will in atl other respects conform to the applicabfe regulations of the district of which it is located. Z � 6 � i � i,7 � � 6� � -�==�— � � �� �l'i - ! , � EXISnrvG gRqND AVE. STR£ET UpiT EwSnrvG 5lDEWnl1c • ! � I ' r � � �� I � � � � � � � ' ' � EXIS7ING � S 1 DUPLEX � � � (�o ee a�+o�o) I I I f I i � i I � f I � � I �-----� EXISnNG� FENC: RETqINiNG WAt1 NN� GLANIER ` EXISTiNG B�NwNWS PAfiKiNG� 6U5 STC% EXiS�1:: STREE' UGI:T ' �' EXISTI:G 4GN � EXISi1NG TREE ( � EXISi1NG � EXISTING P RKINOU� I BUfLDING E%159NG- SDEWALH � E%ISiING PARKING CGRA4EL) � �� EXISIING ALLEY �OVERHEAp UTl1TY LMES � � � ���� � � �� Kel4 Architects • ' ��� ����� ���� SITE P Z� - EXISTtNG � T- 30' n � ti H � � a S U LLOY�'S AUTOMOTIVE A��1710N ANQ RE.NOVA - \ _ _ _ _ M1 ` _ \\ \ EXISt1NG i (TO BE I NEW BINMINZ PARKING 16 SiALLS TOTA INCL (1) VqN ACf GRAND AVE. ALLEY �o� Eno unum �u+es ! ��� ��� �� ���� ��� ���� � E�snuc 8U5 STO? EXISTiNG SRr EET �p1T ��-��a- • N � K O 3 � r- ¢ U • ��Y . K�e SITE PLA — NEW CONSTRUCTION nra,rte�cs �,�,�� SCALE T= 30' • LLOYL7'S AU O I A�E�ITION ANL7 RENOVATION \ �! EC EX6nNG �qRKMG STALL � / � � z 0 > � W 2 � � z 0 > W I � 0 z 0 Q > W k- W � �,� �3s �-- �o` �� � � � 0 � w a � 0 Q > W F- Q w �� �-� � � Y � <_ W � �- 0 � d �- � Q � � � � � � � Z 0 �- Q � � z W � � Z 4 Z Q � � � Q � �i �� -35�.- SPECIAL CONDITIUN USE PERMIT APPLICATION Departmenr of Planning and Economic Development Zoning Section II00 City HaII Annex 25 Wes[ Four[h Streer Saint Paul, M1V 55102 266-6589 APPLlCANT PROPERTY LOCATION Name Burcorn Inc. AddfeSS 982 Grand Avenue City St. Paul St. MN Zip 55105 Daytime phone 228-1316 Name ot owner (if difFerent) Address/Location 982 - 986 Grand Avenue_ St. Paul MN 55105 Legal description: Lots 1& 2. Block 35 Summit Park Addition Current Zoning �'"3 '� Z (attach addifionai sheet if necessary) TYPE OF PERMIT: Apptication is hereby made under the provisions of Chapter s4 Section �nn , Paragraph � of the Zoning Code for a: [?� Speciai Condition Use Permit ❑ River Corridor CondiEional Use Permit � Mod�cafion of River Corridor Standards SUPPORTING INFORMATION: in the space be�ow supply information fhaf is applicable to your type of permit (attach additionai sheets if rtecessary) • SPECIAL CONDITION USE: Explain how the use wiii meet each of the special conditions. • RNER CORRIDOR CONDi710NAL USE: Describe how the use will meet the applicable conditions. • MODIFICATION OF RIVER CORRIDOR STAIVDARDS: Expiain why modifications are needed. SEE ATTACHED SNEET site plan is attached � i ��t���� ���� `.�- � I�1 LI � �, �J ApplicanYs signature G�l'd�..��f" �i':�� Qate i Z ° i � City agent � �� �� ?� q�_ 3s� Summit �-Ii11 Association Distrsct 16 Pianning Council Kady Dadlez aso saint c�air avenue � Planning and Ecanomic Deve{opment �{�CEIVED Saint Paui Minnesota 55105 25 West Fourth Street �elephone 612-222-7222 Saint Paul, Minnesota 55102 JAN 1 5 1997 fex 612-222-1558 January 1q �ss� ZONfNG RE: Zoning File Number 96-289 Dear Ms. Dadfez and Members of the Zoning Committee af the Planning Commission, The Board of Directors of the Summit Hili Association/District 16 Planning Council recommends deniaf of the request by Daniel and Linda Burns to rezone 986 Grand Avenue fr�m RM-2 to B-3 in order to aifow expansion and remodeling of the existing auto repair business at 982 Grand Avenue. A B-3 zone is the least restrictive zone ailowed on Grand Avenue. B-3 is general husin?ss, not community business. All of the zoning s#udies of the Avenue, and the resulting zoning changes, have attempted to )imit or reduce the number of B-3 parcels on the Avenue. Rezoning must be considered in the long-term. One cannot assume that Mr. Burns will maintain ownership of Lloyd's Automotive indefiinitely. Having said that, I would like to emphasize that ihe Summit Hill Association supports Mr. Burns proposed remodeling and expansion of the existing auto repair business at 982 Grand Avenue. His business is an asset to the neighborhood and the success of this business is in the best interest of the neighborhood. _� ' The Summit Hill Association recommends that 986 Grand Avenue be rezoned to P-1 in order to accommodate this proposal. Mr. Burns was asked by the Zoning and Land Use Committee if he fi�as plans, or wants the option to expand his repair shop again in the future. He stated that he has no pfans to expand after this expansion and that he Is not opposed #o a less restric#ive zoning of P-1 if � allows him to compiete the currently proposed expansion. While rezoning from residentiai to commercial is, in fact, against the District Plan, it was agreed that this proposal would not be detrimentai, but rather wou{d enhance fhe iivability of the neighborhood by +mproving the aesthetics of the repair shop, by minimizing auto access from �n�t��. �.;� � �e�;;,5 �q�� �� t�� ���eEt. it was deterrnined that this proposai wouid not intensify commercialization, but rather would hefp to mitigate the traffic and parking probiem fhat currently exists. Therefore, the Summit HiH AssociationlDistrict 16 Pianning Councif recommends that the Zoning Committes ot the Planning Commission use its authori#y and discretion to rezone 986 Grand Avenue from RM-2 #o P-1 in order to ailow expansion and remodeling of the existing auto repair business at 982 Grand Avenue. Sincere{ , '_ -- `=_'� `�,%� g � .�..=.�— ������ . John Siekmeier, President � � g � �,. � � � �� �� Summit Hi11 AssociationlDistrict 16 Planning Council � g A i�. cc: Council President Thune Daniel and Linda Burns 33 R�-�52- RECEIVED JAN 13 1997 Gladys Morton, Chair Zoning Committee of the Planning Commission DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT 1100 City Hall Annex 25 West Fourth Street St. Paui, MN 55102 Attn; Kady Dadlez January 9, 9997 Re: 986 Grartd Avenue Lot 2, Block 35, Summit Park Addition Dear Ms. Dadlez: The Board of Directors of the Grand Avenue Business Association, at its regular December meeting, passed a resolution in support of the request by Dan and Linda Burns to rezone the property located at 986 Grand Avenue from RM-2 to B-3. Lloyd's Automotive has been an important business in the community for many years. It is appropriate to rezone the adjoining parcel of property to the same zoning classification as the current business in order to allow Lloyd's Automotive to provide better service to Grand Avenue and the neighborhood. �in eiy, ` Bonnie Johns Vice President BJ/ck �_��i���€'°:`` � :-?" �,� � ••'�. �"��d_ ZONING • . 1043 Grand Avenue, Suite 315• 0 St. Paul, Minnesota 55105 0 612-224-3324 nv�uv��� x��v�;u�llviV � ----- j� T�' �E1VE� ---- -- __ RE _ .------ ---SAN-�'t_199T - --- . ---� -- -Z�N���-- - ---- - =.��.� C�� a�L��� -.�y"� �� G ��.,�� _ -=� �=r 'G- _ , -� ------ -�-----�� - -- -- - -----��Ze %ir-d�c j _�.__ J ---_� -- - -'-�� -�-� � ��2� -�- - =`- ---- - - - - - ---- - - ----- -- ---------- ------ --- -----,�-.e�--- � -----�---� �"-� - j��y -�r� --- - - i?���e-- -- - " . - - - ---� - - - ���`�� --��� • _.�.�- i � q� _ 3� a Z����� �� � _ � ; r�� �ti:ti �_�.._. ; �� �' � ` �--��- ., , , � �-- ---- ��! �J� �� / � ,! � 1 � �/ , i � � � ��� � , � i / �� / � % / � `' / j. � �� ��� ,// ; � / , �/ � � �� i " .� �� , - , -.1:1�• .� � �' . , � � � -��-`��2- . � �� i'`� �� -�- � _ � ---- ---- ----- ----�- - ---- -- - - - - - - - - '-_ - -- � - � . . -- -�.�_�_ -6� -- - - - .. .. � . ,..� � r ,, y _'� ' � _ "_ _' . 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ANTHONY PARK 13. MERRIAM PARK-LEXINGTON HAMLIN&S1�IELLING HAMLINE 14. MACALES'I'ER GROVELAND 16. SUMMTT HIL 1 . DOWNTOWN �. . ZONING FILE ��°��`'' CTITZEN PARTICIPATION PLANNING DISTRICTS �� �3�� �ebruary 25, 1997 Council President Dave Thune Members of the City Council 310 City Hail Saint Paul, NIN 55102 Dear Councii President Thune and Councilmembers: We, the undersigned, all live on the norkh side o£ Lincoln Avenue within one biock of Chatsworth Avenue and Lloyd's Automotive. We access our alley opposite the automotive repair shop. We are also customers of Dan Burns. We oppose the rezoning of Lloyd's to B-3. The rezoning is a radical departure from the Grand Avenue Plan and its intent to preserve a mixture of residential and commercial uses along the street. An expansion of B-3 sets a precedent that reduces confidence in the long term use of the property and all the property along the Avenue. Dan Burns says he need parking to expand his business. �urrently, Chatsworth Avenue is filled with his customers'cars, so we know he already needs parking. But we will take Dan at his word that his intent for the new lot is only parking and offer support for a parking rezoning (P-1). �� � ��� `�6 / �,� �, r„ �f ( C��tcc�•-� � '. , � � ��� ��, s�_ �'/' 7.3 ��i��aC�F/ �t/�. � �� �� � �� �, �� � c.,��t� �-„-� _ 9 Ys' �'� �t � 5�v�c- . �i�� G�y�/� �'-� � f S 7 �-��..�`����- �-- �s7 ��.�,.. �.,��_ � Q . �,��..�.. (� e �:.�.-,�.,�.. � CONSENT OF ADJOINING PROPERTY OWNERS TO AMEND ��� �� REZONING PETITION c�r� _ 3S�-- We, the owners of the property within 100 fieet of the real estate owned by Daniel and Linda Burns, hereby consent to amend the Petition and to the rezoning of the property described in the: Petition of Daniel and Linda Burns to a P-1 District I acknowledge receipt of a copy of Section 60.721 to 60.723 of the St. Paul Zoning Code. ADDRESS = ` FEE:011st1�ER[S} __ 5tGt3tkTC1RE "DATE - � �Q-�r�x�Z� 2'�2� 978 Grand D&B Properties �^� L ,� � j, (R 7 975 Lincoln Billie Gilliland and WiNiam Gilliland ��' 1�� 969 Grand 999 Grand 995 Grand 985 Grand JSS Associates William Dunningun and Maureen Dunninghun �(�/��- Tab Properties Cherokee State Bank 990 Grand Francis J. pieveney, by 8ert McKasy under Power of Attorney dated April 1 S, 1993 994 Grand John Siekmeier and Rebecca Siekmeier 998 Grand 997 Grand 993 Lincoln Patrick F. Sullivan Mary Kerr Grant and Andrew Kerr Grant Linda Zick 983 Lincoin I Melvin Spielman and li��� °� �-� � Anna Spielman i 2����� 3 '���� ��/�� <�j�1�7 > �/�71y� COMSENT OF ADJO{NING PROPERTY OWNERS TO AMEND ����� REZONING PETITION �I We, the owners of the property within 100 feet of the real estate owned by Daniel and Linda Burns, hereby consent to amend the Petition and to the rezoning of the property described in the: Petition of Danief and Linda Burns to a P-1 District I acknowledge receipt of a copy of Section 60.721 to 60.723 of the St. Paul Zoning Code. . /ktI�RESS FgE; (3VYRtER(Si - ` SCGNATURE ° Dt.tT6 " . 978 Grand D&B Properties 975 Lincoln Billie Gilliland and William Gilliland 969 Grand JSS Associates ,� �a--��^� . '� / 999 Grand William Dunningun and Maureen Dunninghun 995 Grand Tab Properties 985 Grand Cherokee State Bank 990 Grand Francis J. Dieveney, by Bert McKasy under Power of Attorney dated April 18, 1993 994 Grand John Siekmeier and Rebecca Siekmeier �� � V ��� n 998 Grand Patrick F. Sullivan r�� `- ���f��•-- � �'���j ( � �,,.�,_ 997 Grand Mary Kerr Grant and Andrew Kerr Grant 993 Lincoln Linda Zick 983 Lincofn Melvin Spielman and Anna Spielman CONSENT OF ADJOINIIVG PROPERTY OWNERS TO AMEND � REZONING PETITION q � -' �J 5 We, the owners of the property within 100 feet of the real estate owned by Daniel and Linda Surns, hereby consent to amend the Petition and to the rezoning of the property described in the: Petition of Daniei and Linda Burns to a P-1 District 1 acknowledge receipt of a copy of Section 60.721 to 60.723 of the St. Paul Zoning Code. '.-_;-RDI7RES�- FEE t3]NNER(SI . - StGlY1lTC1£iE: , _I3ATE- _- 978 Grand D&B Properties 975 Lincoln Biilie Gilliland and William Gilliland 969 Grand JSS Associates 999 Grand William Dunningun and Maureen Dunninghun 995 Grand Tab Properties 9$5 Grand Cherokee State Ba�k 990 Grand Francis J. Dieveney, by Bert McKasy under Power of n ��� / Attorney dated April 18, ����" l' �� �� � �l ,�� � ! 1993 994 Grand John Siekmeier and Rebecca Siekmeier 998 Grand Patrick F. Sullivan 997 Grand Mary Kerr Grant and Andrew Kerr Grant 993 Lincoln Linda Zick 983 Lincoln Melvin Spielman and Anna Spielman CONSENT OF ADJOINiNG PROPERl'Y OWNERS TO AMEND REZONING PETITION � 7 3 S�" We, the owners of the property within 100 feet of the reaf estate owned by Daniel and Linda Burns, hereby consent to amend the Petition and to the rezoning of the property described in the: Petition of Daniel and Linda Burns to a P-1 District f acknowledge receipt of a copy of Section 60.721 to 80.723 of the St. Paul Zoning Code. ADTSEtESS- - FE�OWRiERtBT-. `- SlGttWTt7SE"- DA7E--- 978 Grand D&B Proparties 975 Lincoln Billie Giliiland and William Giililand 969 Grand .1SS Associates 999 Grand Wiiliam Dunningun and Maureen Dunninghun 995 Grand Tab Properties 985 Grand Cherokee State Bank 990 Grand Francis J. Dieveney, by Bert ,� McKasy under Power of �%�,��� ��^ � Attorney dated Aprit 18, ��� "l� �` �j p 1 1993 � �m� tL . 2�; 6 �,J 994 Grand John Siekmeier and Rebecca Siekmeier 998 Gra�d Patrick F. Sullivan 997 Grand Mary Kerr Grant and Andrew Kerr Grent 993 Lincoln Linda Zick 983 Lincoln Melvin Spielman and An�a Spielman