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98-216LL ORIGINAL Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 ��.��.� e, d - �l��°►8 Council File # �� ordinance # Green Sheet # ` � ORDINANCE CITY OF SAINT PAUL, MINNESOTA 30 Committee: Date An ordinance amending Chapters 60, 61, and 62 of the Saint Paul Legislative Code pertaiiung to zoning. The Council of the City of Saint Paul does ordain: Section 1 That section 62102 (e) of the Saint Paul Legislative Code be and is hereby amended to read as follows: Sec. 62.102. Nonconforming lots, nonconforming uses of land, nonconforming structures, and nonconforming uses of structures and land. (e) Nonconforming structures with conforming uses. Nonconforming structures with conforming uses aze subject to the following provisions: (1) A nonconforming shucture may continue. (2) A nonconforming structure may be enlazged or altered so long as such enlazgement or alteration does not increase its nonconformity. Accessory buildings may be added so long as they conform in all respects to the requirements of section 62.106, accessory buildings. (3) When a noncon£orming structure is destroyed by any means to an exter.t of more than sixty (60) percent of its replacement cost, exciusive of the foundation, at the time of destruction, it sha11 not be reconstructed except in conformity with the provisions of this code. (4) When a nonconfornung structure is moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. - - --- - - - - ------ - - - -- - : --- - --- Section 2 That section 62102 (fl (16) of the Saint Paul Legisiative Code be and is hereby amended to read as follows: 1 9g�z/b 38 Sec. 62.102. Nonconforming lots, nonconforming uses of land, nonconforming structures, and 39 nonconforming uses of structures and land. 40 41 (fl Nonconforming uses ofstructures, or structures and land in combination. Nonconforming uses of 42 strucrixres, or structures and land in combination, aze subject to the following regulations: 43 44 (16� 45 46 47 48 44 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Section 3 That section 60.612 (14) of the Saint Paul Legislafive Code be and is hereby amended to read as follows: Sec. 60.612. Principal uses permitted. (I-1 Districts.) Section 4 That section 60.614 (1) of the Saint Paul Legislative Code be and is hereby amended to read as follows: 67 Sec. 60.614. Principal uses permitted subject to special conditions. (I-1 Districts.) 68 69 The foliowing additional uses shall be permitted subject to the conditions hereinafter imposed for each 70 use and subject to the standazds specified for all special condiUon uses as set forth in section 64300(d). All 71 principal uses permitted subject to special conditions shall be reviewed and approved by the plauniug 72 commission. 73 74 (1) All uses as permitted and as regulated in the B-3 Business District under principal uses 75 pemutted subject to special conditions, except tYte uses that are nrincipal uses permitted in 76 Section 60.612 (141. 77 78 79 Section 5 SO That section 61.101, Note (c), of the Saint Paul Legislative Code be and is hereby amended to read as 81 follows: 82 In R-LL and R-1 thru RT-1 residential district a second one-family or two-family dwellin� on a singlg lot is exempt from clause (81 above and may be reconstructed provided that the number of total dwelling units on the lot is not increased and the buildin� is not enlareed or estended unless it meets the setback and lot covera e requirements for principal structures of the district. Reconstruction of the building must begin within one Ll year of the removal of the buildine unless the Board of Zoning Appeals grants an ea�tension for reconstruction. (14) Automobile service stations, auto xepair stafions, auto convenience mazkets, auto specialty stores, and , ___.,., _r._..:, .__ __ _ —_ti:,__ outdoor space for the sale or rental of new. secondhand. or nawned automobiles. trucks, motorcycles. trailers. or boats. as regulated in the B-3 District; auto body shops. 83 Notes to 61101 Residential Districts: (Schedule of Regulations) 84 85 (c) If townhouses are developed on parcels where only the land immediately beneath each dwelling 86 unit consfitutes an individually described lot and a11 other land required for yards, other open 98-z/� s� sg 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 ill 112 .. �. .. �- - � . -. -� . .�- . .�� , . ..- - . � -� . - . - � - .- .-. . .- - . - �• �- � �� - • .- � �. .- ... -� . - - - .. - -- - - • . = ._ _ - -- - � - -- -- -- - - -- -- -- •• -- - - -- - - -- - --- -- --- - - ; ,�..�...:.� - - - - - .:, Section 6 That section 62.103 (fl (4) of the Saint Paul Legislative Code be and is hereby amended to read as follows: Sec. 62.103. Parking requirements. ( fl Rules for computing required parking: (4) When at least one (1) of two (2) or more uses has a parking deficiency and their peak parking hours do not overlap, the �ng zonine administrator may permit the dual function of their off-street parking spaces as long as peak pazking hours for the uses do not overlap and the uses within the buildings do not change and thereby require additional off-street parking. Building owners with such shared pazking permits shall submit an annual statement to LIEP which verifies the nonconcurrent peak pazking hours of the buildings involved with the shared pazldng permit and a list of uses within each building to verify no changes in uses which would require additional pazking. Section 7 113 That section 60.216. P. of the Saint Paul Legislative Code is hereby amended to add the following definition: 114 115 Sec. 60.216. P. 116 117 Parking. 118 davs• 119 120 121 Section 8 o c o�n�'a:rGCs 122 That section 60.219. S. Of the Saint Paul Legislative Code be and is hereby amended to read as follows: 123 Sec. 60.219. S. 124 125 126 127 128 129 130 131 132 133 134 135 Storage. The placement of items such as, but not limited to, the following: merchandise for sale or rent; materials awaiting servicing, processing or manufacturing; finished products of a servicing, processing or manufacturing operation; equipment; s��ilers; portable storage containers but excluding trash containers or gazbage dumpsters which aze accessory to the main use; and automobiles, hucks_ automobile trailers. semitrailers. intermodal car�o containers, or other vehicles °-----°--=-' ---'�=-'-- not used for more than five davs ��is. 9� 2/.6 136 137 Section 9 138 139 This ordinance shall take effect and be in force thirty days from and after its passage, approval, and 140 pubiication. �rnsneu�:� ; - ..b ORIGINAL Requested by Department of: Plannin 'conomic D e me t By: C�- Adopted by Council: Date �� Adoptio Certified by Council Secretary By: App� e by Mayor: at �g� By: � Form Ap ed by C' y Attorney B ��,�. ��.r�c'I� N� 51885 �/ 9�-2 �� OEPAfRYENTApFFICETAUNCIL � DATE INITIATED PED PLANNING 03/02/98 GREEN SH � CONTACT PERSON 8 PHONE INITIAL/D INITIAVDATE �.OEPAFTMENTD�RECTOR �CffYCOUNCIL . Roger Ryan 665?4 ASSIGN �CITYATTORNEY OCITYCLERK NUMBERFOR MUST BE ON CAUNCIL A6ENDA BY (DATEI pp��N� �BUDGET DIFiECTOfi � FIN. 8 MGT EFVICES DIR. OflOEN MAYOR(ORASSI$TANT) P(,/g�t(�. TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) , AGTION FEQUESTED: � t Adopt February i99S minor zoning amendments. RE�C Approve (A) or Rej¢ct (R� pER50NAL SERVICE CONTRACTS MUST ANSWER THE FOILOWING OUESTIONS: _Q PIANNING COMMISSION _ CIVIL SERVIGE COMMISSION �- Has this personRirm ever worketl untler a contract for this tlepartmentt CIB COMMITfEE �'ES NO � STacF 2. Has this personRirm ever besn a city employee? � — YES NO _ DISTa1C7 COU�ti _ 3. Does this person/�irm possess a skill not normaily possessed by any current ciry employee'+ SUPPORS$ WHICH COUNGIl.08JECTIVE? YES NO ; Explain all yes answers on separate sheet antl enaeM to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNIT' (Who. Whet. When. Where. Whyj. Needed minor zoning amendments are delayed if done only periodically. �`r s ti u � �� ADVANTAGESIFAPPROVEO: t Zoning code will be kept up-to-date. ��' MAR 0 199� 4�A!'o{�'� o�F4C� ' DISADVANTAGESIFAPPROVED � None. �,� �°��;,��,� �s . @�:: �S � v} � �� 43 I9g� . DISADVANTAGES IF NOT APPROVED- � Y ., Needed amendments could face long delay. �iG�U/1Cf� �?�u?,a t"e;t?�P �Q�C � �u �� ,' TOTAL AMOUNT OP TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIt�G SOURCE ACTIVITV NUMBER FINANCIFL INFOFNiAT10N (EXPLAIN) 9� CITY OF SAINT PAUL 390 Ciry Hall Telephorze: 612-266-85Z0 NormColeman,Mayor ISWestKellaggBoulevard Facsimile:6I2-228-&SZ3 Saim Pau[, MN55102 Mazch 5, 1998 Council President Daniel Bostrom and Members of the City Council 3rd Floor City Hall Saint Paul, Minnesota 55102 Deaz President Bostrom and members of the City Council: Beginning in 1982, the Plaiuiing Commission periodically considered and recommended to the City Council a series of minor zoning amendments contained in 40-acre studies called Zoning Amendments I, II, etc. There have been eight of them. The zoning amendments made changes needed to bring the code up to date with new living or business practices, cany-out newly adopted plans, clarify regulations, correct enors, and incorporate zoning administrator interpretations and Planning Commission findings. Since these 40-acre studies were done only periodically, needed zoning amendments were delayed until staff, the Commission, and City Council had the time to work on them. In order to avoid such delays and to keep the code as current as possible, the Commission will consider and recommend to the City Council several minor zoning amendments during the year. The most recent Minor Zoning Amendments recommendations concerning second residential buildings in one and two family districts, pawn shop used car lots, open space for town houses, shared pazking, and distinction between pazking and storage aze attached. The Zoning Committee of the Planning Commission held public hearings on the proposed amendments on Febniary 5 and 19, 1998. The Commission recomxnended their approval on February 27, 1998, as set forth in the attached resolution. ��-zi� I am pleased to transmit these amendments to you for your review and approval. S' cerely, �"� `-'�� Norm Coleman Mayor NC:rr q�- �i� � city of saint paui planning commission resolution file number 98-1z �te - February 27, 1998 MINOR ZONING AMENDMENTS FEBRUARY 1998 WHEREAS, the Saint Paul Planning Commission has determined that considering and recommending monthly zoning amendments to the Mayor and City Council is the most desirable way to keep the zoning code as current as possible; and �VHEREAS, the Zoning Committee of the Planning Commission held a public heazing on reconstruction of second residential buiidings in one and two family districts, clazification that used car lots and pawn shop used car lots aze permitted uses in I-I districts, deletion of maximum open space requirement for townhouses, transfer of approval of shared parking permits to zoning administrator, and defining distinction between storage and parking at its February 5 and 19, 1998, meetings; and � WHEREAS, the Planning Commission has determined: 1. That the number of real estate descriptions affected by the amendments renders the obtaining of written consent impractical; 2. That a survey of an area in excess of 40 acres has been made; 3. The proposed amendments are related to the overall needs of the community, to existing land use, and to plans for future land use; and 4. That pursuant to State Statutes proper notice of the heazing was given in the Saint Paul Pioneer Press on January 14, 21, and 28, 1998. moved by Field i seconded by in favor Unanimous against � NOW, TI B$ IT RESOLVED, that the Saint Paul Planning Commission � recommends approval of the zoning code amendments in the "Minor Zoning Amendments FEBRUARY 1998" study pertaining to reconstruction of second residential buildings in one and two family districts, as amended; clarification that used caz lots and pati��n shop used caz lots are permitted uses in I-1 districts; deletion of maximum open space requirement for townhouses; transfer of approval of shared parking permits to zoning administrator; and defining distinction between storage and pazking, as amended; and directs the PIanning Administrator to forward the study and resolution to the Mayor and City Council for their review and action. � LJ � �� To: S[. Paul Planning Cominission do Roger Ryan , Zoning Department 25 W. 4`" Street, Saint Paul, MN. 55102 From: Kathteen J. Zweber 813 Blair Avenue, St. Paul, MN. 55 LQ4 27 January, 1998 Please consider making cl�anges to existing regulations Utat hacc shown potential to place unnecessary hardship on tlie owners of St. Paul properties that do not meet current zoning standards but aze legally gandfathered in because of their age. Specifically, diought must be given to the effects of a zoning regulauon that requires city residents who otvn suci� property to destroy or dramatically alter it in the event that die property is damaged to a cerlain degree. , I bought the tivee buildings and two lots ihat make up 813 Blair in 1994. I was awaze that the property's main living uni[s were heavily damaged and not fit for habitation at the time of purchase. Since Uien, I have invested my [ime, energy and capital resources into restoring the structures into the beautiful homes they once were. Despite my household income (less than $25,000.00/year), I have made progress toward my goal. However, in order to accomplish the most ctucial comoonen[ of the restoratiot� I am in need of a bank loan. Through a St. Paul DeparUnent of Planning and Economic Development prograa� I qualify financially for the amount of money needed. At one time, I had a reservauon for loan money, but when the financial institution (Miller-Schrceder) found out about the zoning regulation that required the destrucuon of one of the structures on my property in il�e event ihai i[ is damaged more ihan 60 percent, the loan was denied. CurrenUy I have another loan reservation with anotl�er company, but everyone involved is reluctant to sign any papers until the zoning issue is resolved. This zoning issue was never discussed or disclosed prior to my purchase of 813 Btair in 1994. Even my caseworkers in tha Depaztmeni of Planning and Economic De��elopment were swprised Io leam � about it. It is now 1998 and I am stuck �tiith a propert}• that I can neither get a loan to resiore nor sell. If 813 Biair were a property that met the current zoning requirements, I would have completed t�'�e renovation on scliedule and within budget. It is �m• hope ihat I will finislt &e restorauon of this beautiful property witliout losing my investment and my sanity. I Uave U�e financial qualif cations needed for lhe loan I need, and I have already demonstrated the willingness and abitity to invest in St. Paul. Unless the zoning regulations are changed to make provisions for properties like mine, the restoration of 813 Blair will not be possible and inevitable decay will continue to occur. Evenivaily, I will lose everything that I have invested the last four years of my life into and St. Pauf will tose a piece of its history and its tax base. 1 understand that rules, regulations and restrictions aze necessary. However, homes like mine existed before the zoning regutations in question came to be. These homes provide necessarc housing for St Paul residents of all incomes, including residents who need the "affordable housing" that seems to be a popular topic in the media lately. As i[ stands, the current zoning regulafions prevent mo6vated, qualified individuals like me from investing in the purchase and preservation of these St. Paul homes. 813 Biair is no: a unique property, a drive il�rough an} older St. Paul neigUborhood will prove that Please consider making changes to the zoning regulations to eliminate hardship for properry owners in situations like mine. Respectful Z�� L Kathleen J.(Kathy) Z�ceber I will gladly talk about and/or show 813 Blair as an example! My home telephone number is 293-8048. cc: The Thomas-Dale Block Club � � �02/03C1998 18:16 6127310194 DIST TWO COUNCIL ��s�� r�� v�c�, � J February 2, 1998 MI'. ROgCL Ry8I1 City of St. Paul — PED 1100 City Hall Annex 24 Wesi Foucth Street St. Paul, MN 55102 Dear Mr. Ryan: PAGE 02 a�-a�c� 2169 Stillwater Aveiwc, Suitc 20l Saint Paul, MN 55119•3508 !'hone: (612) 73]-6842 Fax:(6121 731-0191 T am writing to you on behalf of the District 2 Community Council regarding the propostd minor zoning amendments being considered by the Planning Commission. At their Tanuary 21, 1998 meeting, the District 2 Community Council adopted the following recommendations: 1. Coned amendment allowing reconsWction of second residential buiidings in one and two famity districts. District 2 recommends that this amendment apply to the Thomas-Dale area only and the larger issue should be addressed by the city land use p(an. � � 2. Clarify that used car lots and pawnshop used cat lots are permitted uses in I-1 districts. District 2 recommmds that used car lots and pawnshop used car lots should be conditional uses in I-1, not permitted uses. 3. Delete maximum open space requirement for townhouses. District 2 supports this amendment. 4. Tcansfer approval of shared pnrking permits to zoning administrator. District 2 supports this amendment. 5, Define murals and indicate they are permitted in all districts. District 2 opposes this amendment as it currently stands because the definitions are too vague and there is insufficient opportunity for community input. 6, Incorporate into the code the new state bonding law allowing sign cantractors to post one bond with the state in tieu of posting bonds with each city they do work in. � District 2 supports this amendment. EQUALOPPORt'UNJTYEMPtAYERlCONTRhCTOR ,; 02/03/1998 18:18 6127310194 DIST TWO COUNCIL PAGE .03 7. Clarify the disanction between storage and pazking. � District 2 opposes this amendmeni. 8. Require that signs be posted on property for which there is a proposed rezoning or permit appiication. District 2 supports this amendment but also recommends the removal of the sentence that reads "The Planning Commission or City Council may, at their discretion, waive tha failure of any applicam to comply fully with this sign provision." Thank you for the opportunity to share our recommendations. Please inciude them in the testimony of the Zoning Cammittce meeting on February i, I998. Since� � Ann Woods Community Organizer � � DEPARTMENTOFPLANN(NG & EWNOMIC DEVELOPMEM Pamela Wheelock Director SAINT PAUL � IIAAA CITY OF SAINT PAUL Norm Coleman, Mayor 15 West Fourth Sbeet Saint Poul, AIN 55101 MEMORANAUM Date: February 20,1948 To: Planning Commission From: Roger Ryan �� Re: February 1998 Minor Zoning Amendments 1� ��L� Telephone: 671-166-656� Facsimile: 6I2-218-33l1 At their February 5 and 19, 1998, meetings, the Zoning Committee amended minor zoning � amendment number 1, (Nonconforming uses of structures, or structures and land in combination) to allow extensions of time to reconstruct a building and minor zoning amendment number 7 (Defizution of storage) to more fully describe storage. The amended sections read as follows: Amendment Number 1. ( fl Nonconforming uses ofstructures, or structures and land in combination. Nonconforming uses of structures, or structures and land in combination, aze subject to the following regulations: � In R-LL and R-1 thru RT-1 residential district a second one-family or t�co family dwelling on a singie lot is exempt from clause (8�above and mav be reconstructed provided that the number of total dwelling units on the lot is not increased and the building is not enlarged or extended unless it meets the setback and lot covera�e requirements for principal structures of the district. Reconstmction of the bui ding must beein within one (1) vear of the removal of the building, unless the Board of Zoning Appeals grants an extension for reconstruction. � Amendment Number 7 Sec. 60.219. S. Storage. The placement of items such as, but not limited to, the following: merchandise for sale or rent; materials awaiting servicing, processing or manufacturing; finished groducts of a servicing, processing or manufacturing operation; equipment; °°—'�---� portable storage containers but exciuding trash containers or gazbage dumpsters which are accessory to the main use; and automobiles. trucks. automobile trailers semitrailers intermodal cargo containers or other vehicles e:,.�a�� ---�-� not used for more than five davs en-a�aec�lc�-Hasis. Minor zoning amendments numbers 6 and 8 were laid over to the nea�t minor zoning amendments and number 5 was taken out of consideration by the Planning Commission so that it may be considered noT as part of a minor zoning amendment package. � � 2 # o��_a1s� • MINOR ZONING AMENDMENTS FEBRUARY 1998 . DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT � SAINT PAUL, MINNESOTA MINOR ZONING AMENDMENTS February 1998 1. CORRECT AMENDMENT ALLOWING THE RECONSTRUCTION OF SECOND RESIDENTIAL BUILDINGS IN ONE AND TWO FAMILY DISTffiCTS. Sec. 62.102. Nonconforming lots, nonconforming uses of land, nonconforming structures, and nonconforming uses of structures and land. (e) Nonconforming structures with conforming uses. Nonconforming structures with conforming uses aze subject to the following provisions: (1) A nonconfomung structure may continue. � (2) A nonconforming structure may be enlazged or altered so long as such enlazgement or alteration does not increase its nonconformity. Accessory buildings may be added so long as they conform in all respects to the requirements of section 62.106, accessory buildings. (3) When a nonconforming structure is destroyed by any means to an extent of more � than sixty (60) percent of its replacement cost, exclusive of the foundation, at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this code. (4) When a nonconforming structure is moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located afier it is moved. - -F - -- - - - - - - - - - -- - - - - - • - ( fl Nonconforming uses of structures, or structures and land in combination. Nonconforming uses of sTructures, or structures and land in combination, are subject to the following regulations: ,{16� In R-LL and R-1 thru RT-I residential district, a second one-familv or two-familv dwelling on a single lot is exempt from clause (81 above and may be reconstructed orovided that the number of total dwelling units on the lot is not increased and the � ��-ate . building is not eniarged or extended unless it meets the setback and lot covera� requirements for principal structures of the district. Reconstruction of the buildi must begin within one {1) vear of the removal of the buildin� Discussion The Thomas Dale Smali Area Plan 40-Acre Study intended to amended the code to allow historic "alley houses" on singie lots in 1 and 2 family districts to be reconstructed if seriously damaged by fire. The amendment was made to the section conceming nonconforming structures with conforxning uses rather than the section conceming nonconforming uses. This amendment will rectify the error. 2. CLARIFY THAT USED CAR LOTS AND PAWN SHOP DISPLAYING VEHICLES OUT SIDE A BUILDING ARE PERMITTED USES IN I-1 DISTRICTS. Sec. 60.612. Principal uses permitted. (I-i Districts.) (14) Automobile service stations, auto repair stations, auto convenience markets, auto specialty stores, and uu ��_�� ;, ti-••... `_..:'_-_ - .-, -r.__:,___ _ t•� , outdoor s�ace for the sale or rental of new. secondhand. or �awned automobiles trucks s motorcycles. trailers. or boats. as regulated in the B-3 District; auto body shops. Sec. 60.614. Principal uses permitted subject to special conditions. (I-1 Districts.) The following additional uses shall be permitted subject to the conditions hereinafter imposed for each use and subject to the standards specified for ail special condition uses as set forth in section 64300(d). Ali principal uses permitted subject to special conditions shall be reviewed and approved by the planning commission. (1) All uses as permitted and as regulated in the B-3 Business District under principal uses permitted subject to special conditions except the uses that are principal uses oermitted in Section 60.612 (141.. Discussion This corrects two 1996 amendments concerning used caz lots and pawn shops that display pawned vehicles out side of a building. This clazifies that in I-1 Districts they are permitted uses. 3. DELETE MAXIMUM OPEN SPACE REQUIREMENT FOR TO�VNHOUSES Notes to 61.101 Residential Districts: (Schedule of Regulations) � 2 (c) If townhouses aze developed on pazcels where only the land immediately beneath � each dwelling unit constitutes an individually described lot and all other land required for yards, other open space, parking, and other necessary land as required by this code constitutes "common" properties, jointly owned by the owners of the described lots beneatlt each dwelling unit, the minimum size lot per unit shall be applied to the entire parcel. ', , > > > , Discussion Requiring a maximum of 300 square feet of open space on a townhouse lot has no regulatory purpose. It is not enforced. 4. TRANSFER APPROVAL OF SHARED PARKING PERMITS TO ZOIVING ADMINISTRATOR Sec. 62.103. Parking reqairements. (4) When at least one (1) of two (2) or more uses has a pazking deficiency and their � peak pazking hours do not overlap, the gl�tig zonine administrator may pemut the dual function of their off-street pazking spaces as long as peak pazking hours for the uses do not overlap and the uses within the buildings do not change and thereby require additional off-street pazking. Building owners with such shazed parking permits shall submiY an annual statement to LIEP which verifies the nonconcurrent peak parking hours of the buildings involved with the shared parking permit and a list of uses within each building to verify no changes in uses which would require additional pazking. Discussion It is more efficient for the zoning administrator to grant shared parking agreements since their need comes up during site plan review which is now conducted by LIEP. 5. DEFINE MURALS AND INDICATE THAT THEY ARE PERMITTED IN ALL DISTRICTS Sec. 66.115. M. Mura1 A scene or design painted directly on an exterior building wall door or window that is intended as a decorative or ornamental feature. � J q� � Sec. 66.118. P. Painted wall sign. A si�n �ainted directiv on an exterior buildin� wall. door. or window. Sec. 66.201. All signs - Permits, zoning districts. � Murals that include no text. numbers. trademarks. or logos are exempt from the regulation of this sign code. Murals that include text. numbers. trademarks. or logos shall be considered and reeulated as nainted wall signs.. Discussion These definitions distinguish between murals and painted wall signs and exempts murais from regulations conceming size, location height, or other regulations of the code. 6. INCORPORATE NEW STATE SIGN CONTRACTOR BONDING LAW. Sec. 66.403. Licensing. (d) Bond requirements. � Ll,� No license issued under the terms of this section shall become effective until the licensee shall have filed with the zoning administrator a surety bond in the sum of tea eieht thousand dollazs {$i-9�,68A-8Aj 8 000 in favor of the City of Saint Paul and conditioned that the city will be saved harmless from any loss, damage, costs or lawsuits by reason of improper or inadequate work performed by the holder of said license under the provisions of this chapter. Such bond shall be subject to approval as to form, execution and surety. Approved bonds shall remain in force for a period of time equivalent to the period of the license. �2,2 In lieu of the bond required in (i ) above the licensee mav post a co�liance bond with the State Denartment of Commerce_ as set forth in MN Statutes 325E 58 Discussion A new state law (MN Statutes 325E.58) allows sign contractors the option of posting one $8,000 bond with the state in lieu of posting bonds with each city they do work in. This change incorporates the new law into the code. Bonds posted with the city can not be worth more than those posted with the state so the city bond is reduced to $8,000 from $10,000.. � 0 c' 7. DEFINE DISTINCTION BETWEEN STORAGE AND PARKING. � Sec. 60.219. S. Storage. The placement of items such as, but not limited to, the following: merchandise for sale or rent; materials awaiting servicing, processing or manufacturing; finished products of a servicing, processing or manufacturing operation; equipment; ---=`—•-� portable storage containers but excluding trash containers or gazbage dumpsters which aze accessory to the main use; and automobiles. trucks. automobile trailers semitruck trailers or other vehicles � �ekie}es not used f�c r more than five da� erra raeek�y-}jasis. Sec. 60.216. P. Parking. The placement of automobiles. trucks trailers emitrailers or nther vehicles for five or fewer davs. Discussion The City Council has requested that the distinction between pazking and storage be clazified. (See attached resolution.) The amended definitions of storage shows that the placement of objects for any time period and the placement ofvehicles (autos, trucks, trailers, and semitrailers) is storage. The placement of vehicles for five days or less is pazking. The shorter time period for parking will be easier to enforce. � 8. POST NOTIFICATION SIGNS ON PROPERTY OF PENDING ZONING ACTION Sec. 64.300. Planning commission and planning or zoning administrators approval. (c) Review procedures; hearing and notices required. The planning commission, or the planning or zoning administrator where delegated, shall investigate the circumstances of each such case. When authority has not been delegated to the planning or zoning administrator, the planning commission shall make no decision until after a public hearing has been conducted by the planning commission or the zoning committee of the planning commission. The planning commission or zoning committee shall send notice of the time and place of any heazing to all parties who may, in its opinion, be affected by its decision, which shall in all cases include all owners of record of property within three hundred fifty (350) feet of the premises in question. Such notices shall be delivered personally or by mail addressed to the respective owners at the address given in the most curcent Ramsey County property taxation records. For cases with a public hearine. the a�plicant shall erect. or cause to be erected at least one notification sign per streeY frontage on the land described in the a�tication The sign shall be rovided y the De�artment of Planning and Economic Develo,pment � J q�-al� � The application shall not be deemed filed and the pla*tnin�commission or zoning committee shali not be rec�uired to hold an hearing on the application until the sign has been erected for at least ten days precedine the hearin„� The sign shall be keDt in ood repair and shall be maintained in place until a final decision has been made on the a�rlication b�the planning commission or citv council and shall be removed bv the a�licant within five davs of the final decision The Plannin� Commission or Citv Council mav at their discretion waive the failure of anX a�olicant to com�lv fully with this sizn provision Sec. 64.400 Changes and amendments (d) Petitioners shall erect. or cause to be erected. a sign or si�ns on land petitioned to be rezoned in accordance with and subject to the rec�uirements of Section 64 300 (cl Discussion This will give notice of pending zoning action to the people who do not receive mailed notice now (residents and business owners who are renters). � _� OCT-28 14�01 ��Dtia : t _ ... Commitue Dau 1 W��.RF_AS, on Jt:ne 17, 1997, Frank Wallner, filed w appal of th: Bou3 of Zoaing Appr.aLs decision ii 2 Zoning File Iv`o. 97-192; nnd 3 WF�REAS, the decision of the Board of Zoning Appuls cnntained iu ZoaingFilc No. 97-192 indud:a a 4 find:ng chzt thc Burli*igcon Norzhem Sanu Fc Railway parks, rather than scora� u�ilcrS oa nilwaY Ptope.^.y eu: ef 5 Snelling Avenue; and 6 W��REAS, tbe findings of the Board of Zoning Appals i.n Zoning File No. 97-192 was bued i.n part u?on �� 7 intcrpreurion of th: defiairion of thc tcrm 'scongc' as it appears S�.int Paul Legislative Code § 60.219.5; wd $ WI�REAS, che Boa: d of Zon.ing AppcaLc incerpraed T a<i,rive Code § 60.219.S co ezeau a sevea (� d� 9"bright lin�' bccwec� pir};ing wd sconge su:h �c che tnilen at issue in Zoning File No. 97-142 were pa:kev if the 1 D znilers wc e locued on raila•ay properry seven (7� dzys or less but scored if the remain�d on nilway prope .ry eight 1 I (S) or morc days; wd 12 W} i_REAS, zhc Board of Zoaing Appeals seven (� day 'brighc Lne' definiuon of pukiag is too long ud 13 thaeby creaces ritur.ioas a•hich mako enforcement of thc Ciry's zoning o:dinances virua�ly impossible and cre� 14 cor.fusion on che pi-, of propercy owners'who rsun comp?y with the Ci.y's zoning ordinznces u[hey rela:e co 1� scorage aad pa:king, -.11 co the determenc of public htalch, welfa*c aad safery; NO�X', TH 16 BE TI' RE50LViD, tha: the Council of che City of Saint Paul hereby raquesu the City's Plzwing Co�r�z:oa 17 co review the p:esent zoaing ordi.naaces governing "parking" aad 'r•orage' for rhe p.upose of isproving public 18 hca?ch, welfa: e aad sie.y by cl�.'ifying the diranetion becwecn "parkiag' wd'sconge" and shortening the p: es^-rL 19 'bright line" cine p:rio? fo: pi king wd rorage to a rime period srhich smplifia zoni.ng r�forcemenc and ::c's 20 zon.ng complii�ce, i,3 reporz back to the Gry CouacIl wiLh recommendatioa: on Lhis issue by Ottober 25, 1997. , Rcqucstx' by Ucpa.�ent of: � Adoption Certified by Cauncil Secretary By: � _ a _ � 1� � Approvtd by Maya: Dau RESOLUTiON CITY OF SAINT PAUL, MlNNESOTA Green Sheet # 3� P.H2i23 Form Apgrwed by Ciry Attomry By: Approved by Mayor for Slibmission to Coimcil � � By: Adapttd by Cauncil: Dak �'�, � �q9`� � LL ORIGINAL Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 ��.��.� e, d - �l��°►8 Council File # �� ordinance # Green Sheet # ` � ORDINANCE CITY OF SAINT PAUL, MINNESOTA 30 Committee: Date An ordinance amending Chapters 60, 61, and 62 of the Saint Paul Legislative Code pertaiiung to zoning. The Council of the City of Saint Paul does ordain: Section 1 That section 62102 (e) of the Saint Paul Legislative Code be and is hereby amended to read as follows: Sec. 62.102. Nonconforming lots, nonconforming uses of land, nonconforming structures, and nonconforming uses of structures and land. (e) Nonconforming structures with conforming uses. Nonconforming structures with conforming uses aze subject to the following provisions: (1) A nonconforming shucture may continue. (2) A nonconforming structure may be enlazged or altered so long as such enlazgement or alteration does not increase its nonconformity. Accessory buildings may be added so long as they conform in all respects to the requirements of section 62.106, accessory buildings. (3) When a noncon£orming structure is destroyed by any means to an exter.t of more than sixty (60) percent of its replacement cost, exciusive of the foundation, at the time of destruction, it sha11 not be reconstructed except in conformity with the provisions of this code. (4) When a nonconfornung structure is moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. - - --- - - - - ------ - - - -- - : --- - --- Section 2 That section 62102 (fl (16) of the Saint Paul Legisiative Code be and is hereby amended to read as follows: 1 9g�z/b 38 Sec. 62.102. Nonconforming lots, nonconforming uses of land, nonconforming structures, and 39 nonconforming uses of structures and land. 40 41 (fl Nonconforming uses ofstructures, or structures and land in combination. Nonconforming uses of 42 strucrixres, or structures and land in combination, aze subject to the following regulations: 43 44 (16� 45 46 47 48 44 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Section 3 That section 60.612 (14) of the Saint Paul Legislafive Code be and is hereby amended to read as follows: Sec. 60.612. Principal uses permitted. (I-1 Districts.) Section 4 That section 60.614 (1) of the Saint Paul Legislative Code be and is hereby amended to read as follows: 67 Sec. 60.614. Principal uses permitted subject to special conditions. (I-1 Districts.) 68 69 The foliowing additional uses shall be permitted subject to the conditions hereinafter imposed for each 70 use and subject to the standazds specified for all special condiUon uses as set forth in section 64300(d). All 71 principal uses permitted subject to special conditions shall be reviewed and approved by the plauniug 72 commission. 73 74 (1) All uses as permitted and as regulated in the B-3 Business District under principal uses 75 pemutted subject to special conditions, except tYte uses that are nrincipal uses permitted in 76 Section 60.612 (141. 77 78 79 Section 5 SO That section 61.101, Note (c), of the Saint Paul Legislative Code be and is hereby amended to read as 81 follows: 82 In R-LL and R-1 thru RT-1 residential district a second one-family or two-family dwellin� on a singlg lot is exempt from clause (81 above and may be reconstructed provided that the number of total dwelling units on the lot is not increased and the buildin� is not enlareed or estended unless it meets the setback and lot covera e requirements for principal structures of the district. Reconstruction of the building must begin within one Ll year of the removal of the buildine unless the Board of Zoning Appeals grants an ea�tension for reconstruction. (14) Automobile service stations, auto xepair stafions, auto convenience mazkets, auto specialty stores, and , ___.,., _r._..:, .__ __ _ —_ti:,__ outdoor space for the sale or rental of new. secondhand. or nawned automobiles. trucks, motorcycles. trailers. or boats. as regulated in the B-3 District; auto body shops. 83 Notes to 61101 Residential Districts: (Schedule of Regulations) 84 85 (c) If townhouses are developed on parcels where only the land immediately beneath each dwelling 86 unit consfitutes an individually described lot and a11 other land required for yards, other open 98-z/� s� sg 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 ill 112 .. �. .. �- - � . -. -� . .�- . .�� , . ..- - . � -� . - . - � - .- .-. . .- - . - �• �- � �� - • .- � �. .- ... -� . - - - .. - -- - - • . = ._ _ - -- - � - -- -- -- - - -- -- -- •• -- - - -- - - -- - --- -- --- - - ; ,�..�...:.� - - - - - .:, Section 6 That section 62.103 (fl (4) of the Saint Paul Legislative Code be and is hereby amended to read as follows: Sec. 62.103. Parking requirements. ( fl Rules for computing required parking: (4) When at least one (1) of two (2) or more uses has a parking deficiency and their peak parking hours do not overlap, the �ng zonine administrator may permit the dual function of their off-street parking spaces as long as peak pazking hours for the uses do not overlap and the uses within the buildings do not change and thereby require additional off-street parking. Building owners with such shared pazking permits shall submit an annual statement to LIEP which verifies the nonconcurrent peak pazking hours of the buildings involved with the shared pazldng permit and a list of uses within each building to verify no changes in uses which would require additional pazking. Section 7 113 That section 60.216. P. of the Saint Paul Legislative Code is hereby amended to add the following definition: 114 115 Sec. 60.216. P. 116 117 Parking. 118 davs• 119 120 121 Section 8 o c o�n�'a:rGCs 122 That section 60.219. S. Of the Saint Paul Legislative Code be and is hereby amended to read as follows: 123 Sec. 60.219. S. 124 125 126 127 128 129 130 131 132 133 134 135 Storage. The placement of items such as, but not limited to, the following: merchandise for sale or rent; materials awaiting servicing, processing or manufacturing; finished products of a servicing, processing or manufacturing operation; equipment; s��ilers; portable storage containers but excluding trash containers or gazbage dumpsters which aze accessory to the main use; and automobiles, hucks_ automobile trailers. semitrailers. intermodal car�o containers, or other vehicles °-----°--=-' ---'�=-'-- not used for more than five davs ��is. 9� 2/.6 136 137 Section 9 138 139 This ordinance shall take effect and be in force thirty days from and after its passage, approval, and 140 pubiication. �rnsneu�:� ; - ..b ORIGINAL Requested by Department of: Plannin 'conomic D e me t By: C�- Adopted by Council: Date �� Adoptio Certified by Council Secretary By: App� e by Mayor: at �g� By: � Form Ap ed by C' y Attorney B ��,�. ��.r�c'I� N� 51885 �/ 9�-2 �� OEPAfRYENTApFFICETAUNCIL � DATE INITIATED PED PLANNING 03/02/98 GREEN SH � CONTACT PERSON 8 PHONE INITIAL/D INITIAVDATE �.OEPAFTMENTD�RECTOR �CffYCOUNCIL . Roger Ryan 665?4 ASSIGN �CITYATTORNEY OCITYCLERK NUMBERFOR MUST BE ON CAUNCIL A6ENDA BY (DATEI pp��N� �BUDGET DIFiECTOfi � FIN. 8 MGT EFVICES DIR. OflOEN MAYOR(ORASSI$TANT) P(,/g�t(�. TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) , AGTION FEQUESTED: � t Adopt February i99S minor zoning amendments. RE�C Approve (A) or Rej¢ct (R� pER50NAL SERVICE CONTRACTS MUST ANSWER THE FOILOWING OUESTIONS: _Q PIANNING COMMISSION _ CIVIL SERVIGE COMMISSION �- Has this personRirm ever worketl untler a contract for this tlepartmentt CIB COMMITfEE �'ES NO � STacF 2. Has this personRirm ever besn a city employee? � — YES NO _ DISTa1C7 COU�ti _ 3. Does this person/�irm possess a skill not normaily possessed by any current ciry employee'+ SUPPORS$ WHICH COUNGIl.08JECTIVE? YES NO ; Explain all yes answers on separate sheet antl enaeM to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNIT' (Who. Whet. When. Where. Whyj. Needed minor zoning amendments are delayed if done only periodically. �`r s ti u � �� ADVANTAGESIFAPPROVEO: t Zoning code will be kept up-to-date. ��' MAR 0 199� 4�A!'o{�'� o�F4C� ' DISADVANTAGESIFAPPROVED � None. �,� �°��;,��,� �s . @�:: �S � v} � �� 43 I9g� . DISADVANTAGES IF NOT APPROVED- � Y ., Needed amendments could face long delay. �iG�U/1Cf� �?�u?,a t"e;t?�P �Q�C � �u �� ,' TOTAL AMOUNT OP TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIt�G SOURCE ACTIVITV NUMBER FINANCIFL INFOFNiAT10N (EXPLAIN) 9� CITY OF SAINT PAUL 390 Ciry Hall Telephorze: 612-266-85Z0 NormColeman,Mayor ISWestKellaggBoulevard Facsimile:6I2-228-&SZ3 Saim Pau[, MN55102 Mazch 5, 1998 Council President Daniel Bostrom and Members of the City Council 3rd Floor City Hall Saint Paul, Minnesota 55102 Deaz President Bostrom and members of the City Council: Beginning in 1982, the Plaiuiing Commission periodically considered and recommended to the City Council a series of minor zoning amendments contained in 40-acre studies called Zoning Amendments I, II, etc. There have been eight of them. The zoning amendments made changes needed to bring the code up to date with new living or business practices, cany-out newly adopted plans, clarify regulations, correct enors, and incorporate zoning administrator interpretations and Planning Commission findings. Since these 40-acre studies were done only periodically, needed zoning amendments were delayed until staff, the Commission, and City Council had the time to work on them. In order to avoid such delays and to keep the code as current as possible, the Commission will consider and recommend to the City Council several minor zoning amendments during the year. The most recent Minor Zoning Amendments recommendations concerning second residential buildings in one and two family districts, pawn shop used car lots, open space for town houses, shared pazking, and distinction between pazking and storage aze attached. The Zoning Committee of the Planning Commission held public hearings on the proposed amendments on Febniary 5 and 19, 1998. The Commission recomxnended their approval on February 27, 1998, as set forth in the attached resolution. ��-zi� I am pleased to transmit these amendments to you for your review and approval. S' cerely, �"� `-'�� Norm Coleman Mayor NC:rr q�- �i� � city of saint paui planning commission resolution file number 98-1z �te - February 27, 1998 MINOR ZONING AMENDMENTS FEBRUARY 1998 WHEREAS, the Saint Paul Planning Commission has determined that considering and recommending monthly zoning amendments to the Mayor and City Council is the most desirable way to keep the zoning code as current as possible; and �VHEREAS, the Zoning Committee of the Planning Commission held a public heazing on reconstruction of second residential buiidings in one and two family districts, clazification that used car lots and pawn shop used car lots aze permitted uses in I-I districts, deletion of maximum open space requirement for townhouses, transfer of approval of shared parking permits to zoning administrator, and defining distinction between storage and parking at its February 5 and 19, 1998, meetings; and � WHEREAS, the Planning Commission has determined: 1. That the number of real estate descriptions affected by the amendments renders the obtaining of written consent impractical; 2. That a survey of an area in excess of 40 acres has been made; 3. The proposed amendments are related to the overall needs of the community, to existing land use, and to plans for future land use; and 4. That pursuant to State Statutes proper notice of the heazing was given in the Saint Paul Pioneer Press on January 14, 21, and 28, 1998. moved by Field i seconded by in favor Unanimous against � NOW, TI B$ IT RESOLVED, that the Saint Paul Planning Commission � recommends approval of the zoning code amendments in the "Minor Zoning Amendments FEBRUARY 1998" study pertaining to reconstruction of second residential buildings in one and two family districts, as amended; clarification that used caz lots and pati��n shop used caz lots are permitted uses in I-1 districts; deletion of maximum open space requirement for townhouses; transfer of approval of shared parking permits to zoning administrator; and defining distinction between storage and pazking, as amended; and directs the PIanning Administrator to forward the study and resolution to the Mayor and City Council for their review and action. � LJ � �� To: S[. Paul Planning Cominission do Roger Ryan , Zoning Department 25 W. 4`" Street, Saint Paul, MN. 55102 From: Kathteen J. Zweber 813 Blair Avenue, St. Paul, MN. 55 LQ4 27 January, 1998 Please consider making cl�anges to existing regulations Utat hacc shown potential to place unnecessary hardship on tlie owners of St. Paul properties that do not meet current zoning standards but aze legally gandfathered in because of their age. Specifically, diought must be given to the effects of a zoning regulauon that requires city residents who otvn suci� property to destroy or dramatically alter it in the event that die property is damaged to a cerlain degree. , I bought the tivee buildings and two lots ihat make up 813 Blair in 1994. I was awaze that the property's main living uni[s were heavily damaged and not fit for habitation at the time of purchase. Since Uien, I have invested my [ime, energy and capital resources into restoring the structures into the beautiful homes they once were. Despite my household income (less than $25,000.00/year), I have made progress toward my goal. However, in order to accomplish the most ctucial comoonen[ of the restoratiot� I am in need of a bank loan. Through a St. Paul DeparUnent of Planning and Economic Development prograa� I qualify financially for the amount of money needed. At one time, I had a reservauon for loan money, but when the financial institution (Miller-Schrceder) found out about the zoning regulation that required the destrucuon of one of the structures on my property in il�e event ihai i[ is damaged more ihan 60 percent, the loan was denied. CurrenUy I have another loan reservation with anotl�er company, but everyone involved is reluctant to sign any papers until the zoning issue is resolved. This zoning issue was never discussed or disclosed prior to my purchase of 813 Btair in 1994. Even my caseworkers in tha Depaztmeni of Planning and Economic De��elopment were swprised Io leam � about it. It is now 1998 and I am stuck �tiith a propert}• that I can neither get a loan to resiore nor sell. If 813 Biair were a property that met the current zoning requirements, I would have completed t�'�e renovation on scliedule and within budget. It is �m• hope ihat I will finislt &e restorauon of this beautiful property witliout losing my investment and my sanity. I Uave U�e financial qualif cations needed for lhe loan I need, and I have already demonstrated the willingness and abitity to invest in St. Paul. Unless the zoning regulations are changed to make provisions for properties like mine, the restoration of 813 Blair will not be possible and inevitable decay will continue to occur. Evenivaily, I will lose everything that I have invested the last four years of my life into and St. Pauf will tose a piece of its history and its tax base. 1 understand that rules, regulations and restrictions aze necessary. However, homes like mine existed before the zoning regutations in question came to be. These homes provide necessarc housing for St Paul residents of all incomes, including residents who need the "affordable housing" that seems to be a popular topic in the media lately. As i[ stands, the current zoning regulafions prevent mo6vated, qualified individuals like me from investing in the purchase and preservation of these St. Paul homes. 813 Biair is no: a unique property, a drive il�rough an} older St. Paul neigUborhood will prove that Please consider making changes to the zoning regulations to eliminate hardship for properry owners in situations like mine. Respectful Z�� L Kathleen J.(Kathy) Z�ceber I will gladly talk about and/or show 813 Blair as an example! My home telephone number is 293-8048. cc: The Thomas-Dale Block Club � � �02/03C1998 18:16 6127310194 DIST TWO COUNCIL ��s�� r�� v�c�, � J February 2, 1998 MI'. ROgCL Ry8I1 City of St. Paul — PED 1100 City Hall Annex 24 Wesi Foucth Street St. Paul, MN 55102 Dear Mr. Ryan: PAGE 02 a�-a�c� 2169 Stillwater Aveiwc, Suitc 20l Saint Paul, MN 55119•3508 !'hone: (612) 73]-6842 Fax:(6121 731-0191 T am writing to you on behalf of the District 2 Community Council regarding the propostd minor zoning amendments being considered by the Planning Commission. At their Tanuary 21, 1998 meeting, the District 2 Community Council adopted the following recommendations: 1. Coned amendment allowing reconsWction of second residential buiidings in one and two famity districts. District 2 recommends that this amendment apply to the Thomas-Dale area only and the larger issue should be addressed by the city land use p(an. � � 2. Clarify that used car lots and pawnshop used cat lots are permitted uses in I-1 districts. District 2 recommmds that used car lots and pawnshop used car lots should be conditional uses in I-1, not permitted uses. 3. Delete maximum open space requirement for townhouses. District 2 supports this amendment. 4. Tcansfer approval of shared pnrking permits to zoning administrator. District 2 supports this amendment. 5, Define murals and indicate they are permitted in all districts. District 2 opposes this amendment as it currently stands because the definitions are too vague and there is insufficient opportunity for community input. 6, Incorporate into the code the new state bonding law allowing sign cantractors to post one bond with the state in tieu of posting bonds with each city they do work in. � District 2 supports this amendment. EQUALOPPORt'UNJTYEMPtAYERlCONTRhCTOR ,; 02/03/1998 18:18 6127310194 DIST TWO COUNCIL PAGE .03 7. Clarify the disanction between storage and pazking. � District 2 opposes this amendmeni. 8. Require that signs be posted on property for which there is a proposed rezoning or permit appiication. District 2 supports this amendment but also recommends the removal of the sentence that reads "The Planning Commission or City Council may, at their discretion, waive tha failure of any applicam to comply fully with this sign provision." Thank you for the opportunity to share our recommendations. Please inciude them in the testimony of the Zoning Cammittce meeting on February i, I998. Since� � Ann Woods Community Organizer � � DEPARTMENTOFPLANN(NG & EWNOMIC DEVELOPMEM Pamela Wheelock Director SAINT PAUL � IIAAA CITY OF SAINT PAUL Norm Coleman, Mayor 15 West Fourth Sbeet Saint Poul, AIN 55101 MEMORANAUM Date: February 20,1948 To: Planning Commission From: Roger Ryan �� Re: February 1998 Minor Zoning Amendments 1� ��L� Telephone: 671-166-656� Facsimile: 6I2-218-33l1 At their February 5 and 19, 1998, meetings, the Zoning Committee amended minor zoning � amendment number 1, (Nonconforming uses of structures, or structures and land in combination) to allow extensions of time to reconstruct a building and minor zoning amendment number 7 (Defizution of storage) to more fully describe storage. The amended sections read as follows: Amendment Number 1. ( fl Nonconforming uses ofstructures, or structures and land in combination. Nonconforming uses of structures, or structures and land in combination, aze subject to the following regulations: � In R-LL and R-1 thru RT-1 residential district a second one-family or t�co family dwelling on a singie lot is exempt from clause (8�above and mav be reconstructed provided that the number of total dwelling units on the lot is not increased and the building is not enlarged or extended unless it meets the setback and lot covera�e requirements for principal structures of the district. Reconstmction of the bui ding must beein within one (1) vear of the removal of the building, unless the Board of Zoning Appeals grants an extension for reconstruction. � Amendment Number 7 Sec. 60.219. S. Storage. The placement of items such as, but not limited to, the following: merchandise for sale or rent; materials awaiting servicing, processing or manufacturing; finished groducts of a servicing, processing or manufacturing operation; equipment; °°—'�---� portable storage containers but exciuding trash containers or gazbage dumpsters which are accessory to the main use; and automobiles. trucks. automobile trailers semitrailers intermodal cargo containers or other vehicles e:,.�a�� ---�-� not used for more than five davs en-a�aec�lc�-Hasis. Minor zoning amendments numbers 6 and 8 were laid over to the nea�t minor zoning amendments and number 5 was taken out of consideration by the Planning Commission so that it may be considered noT as part of a minor zoning amendment package. � � 2 # o��_a1s� • MINOR ZONING AMENDMENTS FEBRUARY 1998 . DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT � SAINT PAUL, MINNESOTA MINOR ZONING AMENDMENTS February 1998 1. CORRECT AMENDMENT ALLOWING THE RECONSTRUCTION OF SECOND RESIDENTIAL BUILDINGS IN ONE AND TWO FAMILY DISTffiCTS. Sec. 62.102. Nonconforming lots, nonconforming uses of land, nonconforming structures, and nonconforming uses of structures and land. (e) Nonconforming structures with conforming uses. Nonconforming structures with conforming uses aze subject to the following provisions: (1) A nonconfomung structure may continue. � (2) A nonconforming structure may be enlazged or altered so long as such enlazgement or alteration does not increase its nonconformity. Accessory buildings may be added so long as they conform in all respects to the requirements of section 62.106, accessory buildings. (3) When a nonconforming structure is destroyed by any means to an extent of more � than sixty (60) percent of its replacement cost, exclusive of the foundation, at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this code. (4) When a nonconforming structure is moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located afier it is moved. - -F - -- - - - - - - - - - -- - - - - - • - ( fl Nonconforming uses of structures, or structures and land in combination. Nonconforming uses of sTructures, or structures and land in combination, are subject to the following regulations: ,{16� In R-LL and R-1 thru RT-I residential district, a second one-familv or two-familv dwelling on a single lot is exempt from clause (81 above and may be reconstructed orovided that the number of total dwelling units on the lot is not increased and the � ��-ate . building is not eniarged or extended unless it meets the setback and lot covera� requirements for principal structures of the district. Reconstruction of the buildi must begin within one {1) vear of the removal of the buildin� Discussion The Thomas Dale Smali Area Plan 40-Acre Study intended to amended the code to allow historic "alley houses" on singie lots in 1 and 2 family districts to be reconstructed if seriously damaged by fire. The amendment was made to the section conceming nonconforming structures with conforxning uses rather than the section conceming nonconforming uses. This amendment will rectify the error. 2. CLARIFY THAT USED CAR LOTS AND PAWN SHOP DISPLAYING VEHICLES OUT SIDE A BUILDING ARE PERMITTED USES IN I-1 DISTRICTS. Sec. 60.612. Principal uses permitted. (I-i Districts.) (14) Automobile service stations, auto repair stations, auto convenience markets, auto specialty stores, and uu ��_�� ;, ti-••... `_..:'_-_ - .-, -r.__:,___ _ t•� , outdoor s�ace for the sale or rental of new. secondhand. or �awned automobiles trucks s motorcycles. trailers. or boats. as regulated in the B-3 District; auto body shops. Sec. 60.614. Principal uses permitted subject to special conditions. (I-1 Districts.) The following additional uses shall be permitted subject to the conditions hereinafter imposed for each use and subject to the standards specified for ail special condition uses as set forth in section 64300(d). Ali principal uses permitted subject to special conditions shall be reviewed and approved by the planning commission. (1) All uses as permitted and as regulated in the B-3 Business District under principal uses permitted subject to special conditions except the uses that are principal uses oermitted in Section 60.612 (141.. Discussion This corrects two 1996 amendments concerning used caz lots and pawn shops that display pawned vehicles out side of a building. This clazifies that in I-1 Districts they are permitted uses. 3. DELETE MAXIMUM OPEN SPACE REQUIREMENT FOR TO�VNHOUSES Notes to 61.101 Residential Districts: (Schedule of Regulations) � 2 (c) If townhouses aze developed on pazcels where only the land immediately beneath � each dwelling unit constitutes an individually described lot and all other land required for yards, other open space, parking, and other necessary land as required by this code constitutes "common" properties, jointly owned by the owners of the described lots beneatlt each dwelling unit, the minimum size lot per unit shall be applied to the entire parcel. ', , > > > , Discussion Requiring a maximum of 300 square feet of open space on a townhouse lot has no regulatory purpose. It is not enforced. 4. TRANSFER APPROVAL OF SHARED PARKING PERMITS TO ZOIVING ADMINISTRATOR Sec. 62.103. Parking reqairements. (4) When at least one (1) of two (2) or more uses has a pazking deficiency and their � peak pazking hours do not overlap, the gl�tig zonine administrator may pemut the dual function of their off-street pazking spaces as long as peak pazking hours for the uses do not overlap and the uses within the buildings do not change and thereby require additional off-street pazking. Building owners with such shazed parking permits shall submiY an annual statement to LIEP which verifies the nonconcurrent peak parking hours of the buildings involved with the shared parking permit and a list of uses within each building to verify no changes in uses which would require additional pazking. Discussion It is more efficient for the zoning administrator to grant shared parking agreements since their need comes up during site plan review which is now conducted by LIEP. 5. DEFINE MURALS AND INDICATE THAT THEY ARE PERMITTED IN ALL DISTRICTS Sec. 66.115. M. Mura1 A scene or design painted directly on an exterior building wall door or window that is intended as a decorative or ornamental feature. � J q� � Sec. 66.118. P. Painted wall sign. A si�n �ainted directiv on an exterior buildin� wall. door. or window. Sec. 66.201. All signs - Permits, zoning districts. � Murals that include no text. numbers. trademarks. or logos are exempt from the regulation of this sign code. Murals that include text. numbers. trademarks. or logos shall be considered and reeulated as nainted wall signs.. Discussion These definitions distinguish between murals and painted wall signs and exempts murais from regulations conceming size, location height, or other regulations of the code. 6. INCORPORATE NEW STATE SIGN CONTRACTOR BONDING LAW. Sec. 66.403. Licensing. (d) Bond requirements. � Ll,� No license issued under the terms of this section shall become effective until the licensee shall have filed with the zoning administrator a surety bond in the sum of tea eieht thousand dollazs {$i-9�,68A-8Aj 8 000 in favor of the City of Saint Paul and conditioned that the city will be saved harmless from any loss, damage, costs or lawsuits by reason of improper or inadequate work performed by the holder of said license under the provisions of this chapter. Such bond shall be subject to approval as to form, execution and surety. Approved bonds shall remain in force for a period of time equivalent to the period of the license. �2,2 In lieu of the bond required in (i ) above the licensee mav post a co�liance bond with the State Denartment of Commerce_ as set forth in MN Statutes 325E 58 Discussion A new state law (MN Statutes 325E.58) allows sign contractors the option of posting one $8,000 bond with the state in lieu of posting bonds with each city they do work in. This change incorporates the new law into the code. Bonds posted with the city can not be worth more than those posted with the state so the city bond is reduced to $8,000 from $10,000.. � 0 c' 7. DEFINE DISTINCTION BETWEEN STORAGE AND PARKING. � Sec. 60.219. S. Storage. The placement of items such as, but not limited to, the following: merchandise for sale or rent; materials awaiting servicing, processing or manufacturing; finished products of a servicing, processing or manufacturing operation; equipment; ---=`—•-� portable storage containers but excluding trash containers or gazbage dumpsters which aze accessory to the main use; and automobiles. trucks. automobile trailers semitruck trailers or other vehicles � �ekie}es not used f�c r more than five da� erra raeek�y-}jasis. Sec. 60.216. P. Parking. The placement of automobiles. trucks trailers emitrailers or nther vehicles for five or fewer davs. Discussion The City Council has requested that the distinction between pazking and storage be clazified. (See attached resolution.) The amended definitions of storage shows that the placement of objects for any time period and the placement ofvehicles (autos, trucks, trailers, and semitrailers) is storage. The placement of vehicles for five days or less is pazking. The shorter time period for parking will be easier to enforce. � 8. POST NOTIFICATION SIGNS ON PROPERTY OF PENDING ZONING ACTION Sec. 64.300. Planning commission and planning or zoning administrators approval. (c) Review procedures; hearing and notices required. The planning commission, or the planning or zoning administrator where delegated, shall investigate the circumstances of each such case. When authority has not been delegated to the planning or zoning administrator, the planning commission shall make no decision until after a public hearing has been conducted by the planning commission or the zoning committee of the planning commission. The planning commission or zoning committee shall send notice of the time and place of any heazing to all parties who may, in its opinion, be affected by its decision, which shall in all cases include all owners of record of property within three hundred fifty (350) feet of the premises in question. Such notices shall be delivered personally or by mail addressed to the respective owners at the address given in the most curcent Ramsey County property taxation records. For cases with a public hearine. the a�plicant shall erect. or cause to be erected at least one notification sign per streeY frontage on the land described in the a�tication The sign shall be rovided y the De�artment of Planning and Economic Develo,pment � J q�-al� � The application shall not be deemed filed and the pla*tnin�commission or zoning committee shali not be rec�uired to hold an hearing on the application until the sign has been erected for at least ten days precedine the hearin„� The sign shall be keDt in ood repair and shall be maintained in place until a final decision has been made on the a�rlication b�the planning commission or citv council and shall be removed bv the a�licant within five davs of the final decision The Plannin� Commission or Citv Council mav at their discretion waive the failure of anX a�olicant to com�lv fully with this sizn provision Sec. 64.400 Changes and amendments (d) Petitioners shall erect. or cause to be erected. a sign or si�ns on land petitioned to be rezoned in accordance with and subject to the rec�uirements of Section 64 300 (cl Discussion This will give notice of pending zoning action to the people who do not receive mailed notice now (residents and business owners who are renters). � _� OCT-28 14�01 ��Dtia : t _ ... Commitue Dau 1 W��.RF_AS, on Jt:ne 17, 1997, Frank Wallner, filed w appal of th: Bou3 of Zoaing Appr.aLs decision ii 2 Zoning File Iv`o. 97-192; nnd 3 WF�REAS, the decision of the Board of Zoning Appuls cnntained iu ZoaingFilc No. 97-192 indud:a a 4 find:ng chzt thc Burli*igcon Norzhem Sanu Fc Railway parks, rather than scora� u�ilcrS oa nilwaY Ptope.^.y eu: ef 5 Snelling Avenue; and 6 W��REAS, tbe findings of the Board of Zoning Appals i.n Zoning File No. 97-192 was bued i.n part u?on �� 7 intcrpreurion of th: defiairion of thc tcrm 'scongc' as it appears S�.int Paul Legislative Code § 60.219.5; wd $ WI�REAS, che Boa: d of Zon.ing AppcaLc incerpraed T a<i,rive Code § 60.219.S co ezeau a sevea (� d� 9"bright lin�' bccwec� pir};ing wd sconge su:h �c che tnilen at issue in Zoning File No. 97-142 were pa:kev if the 1 D znilers wc e locued on raila•ay properry seven (7� dzys or less but scored if the remain�d on nilway prope .ry eight 1 I (S) or morc days; wd 12 W} i_REAS, zhc Board of Zoaing Appeals seven (� day 'brighc Lne' definiuon of pukiag is too long ud 13 thaeby creaces ritur.ioas a•hich mako enforcement of thc Ciry's zoning o:dinances virua�ly impossible and cre� 14 cor.fusion on che pi-, of propercy owners'who rsun comp?y with the Ci.y's zoning ordinznces u[hey rela:e co 1� scorage aad pa:king, -.11 co the determenc of public htalch, welfa*c aad safery; NO�X', TH 16 BE TI' RE50LViD, tha: the Council of che City of Saint Paul hereby raquesu the City's Plzwing Co�r�z:oa 17 co review the p:esent zoaing ordi.naaces governing "parking" aad 'r•orage' for rhe p.upose of isproving public 18 hca?ch, welfa: e aad sie.y by cl�.'ifying the diranetion becwecn "parkiag' wd'sconge" and shortening the p: es^-rL 19 'bright line" cine p:rio? fo: pi king wd rorage to a rime period srhich smplifia zoni.ng r�forcemenc and ::c's 20 zon.ng complii�ce, i,3 reporz back to the Gry CouacIl wiLh recommendatioa: on Lhis issue by Ottober 25, 1997. , Rcqucstx' by Ucpa.�ent of: � Adoption Certified by Cauncil Secretary By: � _ a _ � 1� � Approvtd by Maya: Dau RESOLUTiON CITY OF SAINT PAUL, MlNNESOTA Green Sheet # 3� P.H2i23 Form Apgrwed by Ciry Attomry By: Approved by Mayor for Slibmission to Coimcil � � By: Adapttd by Cauncil: Dak �'�, � �q9`� � LL ORIGINAL Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 ��.��.� e, d - �l��°►8 Council File # �� ordinance # Green Sheet # ` � ORDINANCE CITY OF SAINT PAUL, MINNESOTA 30 Committee: Date An ordinance amending Chapters 60, 61, and 62 of the Saint Paul Legislative Code pertaiiung to zoning. The Council of the City of Saint Paul does ordain: Section 1 That section 62102 (e) of the Saint Paul Legislative Code be and is hereby amended to read as follows: Sec. 62.102. Nonconforming lots, nonconforming uses of land, nonconforming structures, and nonconforming uses of structures and land. (e) Nonconforming structures with conforming uses. Nonconforming structures with conforming uses aze subject to the following provisions: (1) A nonconforming shucture may continue. (2) A nonconforming structure may be enlazged or altered so long as such enlazgement or alteration does not increase its nonconformity. Accessory buildings may be added so long as they conform in all respects to the requirements of section 62.106, accessory buildings. (3) When a noncon£orming structure is destroyed by any means to an exter.t of more than sixty (60) percent of its replacement cost, exciusive of the foundation, at the time of destruction, it sha11 not be reconstructed except in conformity with the provisions of this code. (4) When a nonconfornung structure is moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. - - --- - - - - ------ - - - -- - : --- - --- Section 2 That section 62102 (fl (16) of the Saint Paul Legisiative Code be and is hereby amended to read as follows: 1 9g�z/b 38 Sec. 62.102. Nonconforming lots, nonconforming uses of land, nonconforming structures, and 39 nonconforming uses of structures and land. 40 41 (fl Nonconforming uses ofstructures, or structures and land in combination. Nonconforming uses of 42 strucrixres, or structures and land in combination, aze subject to the following regulations: 43 44 (16� 45 46 47 48 44 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Section 3 That section 60.612 (14) of the Saint Paul Legislafive Code be and is hereby amended to read as follows: Sec. 60.612. Principal uses permitted. (I-1 Districts.) Section 4 That section 60.614 (1) of the Saint Paul Legislative Code be and is hereby amended to read as follows: 67 Sec. 60.614. Principal uses permitted subject to special conditions. (I-1 Districts.) 68 69 The foliowing additional uses shall be permitted subject to the conditions hereinafter imposed for each 70 use and subject to the standazds specified for all special condiUon uses as set forth in section 64300(d). All 71 principal uses permitted subject to special conditions shall be reviewed and approved by the plauniug 72 commission. 73 74 (1) All uses as permitted and as regulated in the B-3 Business District under principal uses 75 pemutted subject to special conditions, except tYte uses that are nrincipal uses permitted in 76 Section 60.612 (141. 77 78 79 Section 5 SO That section 61.101, Note (c), of the Saint Paul Legislative Code be and is hereby amended to read as 81 follows: 82 In R-LL and R-1 thru RT-1 residential district a second one-family or two-family dwellin� on a singlg lot is exempt from clause (81 above and may be reconstructed provided that the number of total dwelling units on the lot is not increased and the buildin� is not enlareed or estended unless it meets the setback and lot covera e requirements for principal structures of the district. Reconstruction of the building must begin within one Ll year of the removal of the buildine unless the Board of Zoning Appeals grants an ea�tension for reconstruction. (14) Automobile service stations, auto xepair stafions, auto convenience mazkets, auto specialty stores, and , ___.,., _r._..:, .__ __ _ —_ti:,__ outdoor space for the sale or rental of new. secondhand. or nawned automobiles. trucks, motorcycles. trailers. or boats. as regulated in the B-3 District; auto body shops. 83 Notes to 61101 Residential Districts: (Schedule of Regulations) 84 85 (c) If townhouses are developed on parcels where only the land immediately beneath each dwelling 86 unit consfitutes an individually described lot and a11 other land required for yards, other open 98-z/� s� sg 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 ill 112 .. �. .. �- - � . -. -� . .�- . .�� , . ..- - . � -� . - . - � - .- .-. . .- - . - �• �- � �� - • .- � �. .- ... -� . - - - .. - -- - - • . = ._ _ - -- - � - -- -- -- - - -- -- -- •• -- - - -- - - -- - --- -- --- - - ; ,�..�...:.� - - - - - .:, Section 6 That section 62.103 (fl (4) of the Saint Paul Legislative Code be and is hereby amended to read as follows: Sec. 62.103. Parking requirements. ( fl Rules for computing required parking: (4) When at least one (1) of two (2) or more uses has a parking deficiency and their peak parking hours do not overlap, the �ng zonine administrator may permit the dual function of their off-street parking spaces as long as peak pazking hours for the uses do not overlap and the uses within the buildings do not change and thereby require additional off-street parking. Building owners with such shared pazking permits shall submit an annual statement to LIEP which verifies the nonconcurrent peak pazking hours of the buildings involved with the shared pazldng permit and a list of uses within each building to verify no changes in uses which would require additional pazking. Section 7 113 That section 60.216. P. of the Saint Paul Legislative Code is hereby amended to add the following definition: 114 115 Sec. 60.216. P. 116 117 Parking. 118 davs• 119 120 121 Section 8 o c o�n�'a:rGCs 122 That section 60.219. S. Of the Saint Paul Legislative Code be and is hereby amended to read as follows: 123 Sec. 60.219. S. 124 125 126 127 128 129 130 131 132 133 134 135 Storage. The placement of items such as, but not limited to, the following: merchandise for sale or rent; materials awaiting servicing, processing or manufacturing; finished products of a servicing, processing or manufacturing operation; equipment; s��ilers; portable storage containers but excluding trash containers or gazbage dumpsters which aze accessory to the main use; and automobiles, hucks_ automobile trailers. semitrailers. intermodal car�o containers, or other vehicles °-----°--=-' ---'�=-'-- not used for more than five davs ��is. 9� 2/.6 136 137 Section 9 138 139 This ordinance shall take effect and be in force thirty days from and after its passage, approval, and 140 pubiication. �rnsneu�:� ; - ..b ORIGINAL Requested by Department of: Plannin 'conomic D e me t By: C�- Adopted by Council: Date �� Adoptio Certified by Council Secretary By: App� e by Mayor: at �g� By: � Form Ap ed by C' y Attorney B ��,�. ��.r�c'I� N� 51885 �/ 9�-2 �� OEPAfRYENTApFFICETAUNCIL � DATE INITIATED PED PLANNING 03/02/98 GREEN SH � CONTACT PERSON 8 PHONE INITIAL/D INITIAVDATE �.OEPAFTMENTD�RECTOR �CffYCOUNCIL . Roger Ryan 665?4 ASSIGN �CITYATTORNEY OCITYCLERK NUMBERFOR MUST BE ON CAUNCIL A6ENDA BY (DATEI pp��N� �BUDGET DIFiECTOfi � FIN. 8 MGT EFVICES DIR. OflOEN MAYOR(ORASSI$TANT) P(,/g�t(�. TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) , AGTION FEQUESTED: � t Adopt February i99S minor zoning amendments. RE�C Approve (A) or Rej¢ct (R� pER50NAL SERVICE CONTRACTS MUST ANSWER THE FOILOWING OUESTIONS: _Q PIANNING COMMISSION _ CIVIL SERVIGE COMMISSION �- Has this personRirm ever worketl untler a contract for this tlepartmentt CIB COMMITfEE �'ES NO � STacF 2. Has this personRirm ever besn a city employee? � — YES NO _ DISTa1C7 COU�ti _ 3. Does this person/�irm possess a skill not normaily possessed by any current ciry employee'+ SUPPORS$ WHICH COUNGIl.08JECTIVE? YES NO ; Explain all yes answers on separate sheet antl enaeM to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNIT' (Who. Whet. When. Where. Whyj. Needed minor zoning amendments are delayed if done only periodically. �`r s ti u � �� ADVANTAGESIFAPPROVEO: t Zoning code will be kept up-to-date. ��' MAR 0 199� 4�A!'o{�'� o�F4C� ' DISADVANTAGESIFAPPROVED � None. �,� �°��;,��,� �s . @�:: �S � v} � �� 43 I9g� . DISADVANTAGES IF NOT APPROVED- � Y ., Needed amendments could face long delay. �iG�U/1Cf� �?�u?,a t"e;t?�P �Q�C � �u �� ,' TOTAL AMOUNT OP TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIt�G SOURCE ACTIVITV NUMBER FINANCIFL INFOFNiAT10N (EXPLAIN) 9� CITY OF SAINT PAUL 390 Ciry Hall Telephorze: 612-266-85Z0 NormColeman,Mayor ISWestKellaggBoulevard Facsimile:6I2-228-&SZ3 Saim Pau[, MN55102 Mazch 5, 1998 Council President Daniel Bostrom and Members of the City Council 3rd Floor City Hall Saint Paul, Minnesota 55102 Deaz President Bostrom and members of the City Council: Beginning in 1982, the Plaiuiing Commission periodically considered and recommended to the City Council a series of minor zoning amendments contained in 40-acre studies called Zoning Amendments I, II, etc. There have been eight of them. The zoning amendments made changes needed to bring the code up to date with new living or business practices, cany-out newly adopted plans, clarify regulations, correct enors, and incorporate zoning administrator interpretations and Planning Commission findings. Since these 40-acre studies were done only periodically, needed zoning amendments were delayed until staff, the Commission, and City Council had the time to work on them. In order to avoid such delays and to keep the code as current as possible, the Commission will consider and recommend to the City Council several minor zoning amendments during the year. The most recent Minor Zoning Amendments recommendations concerning second residential buildings in one and two family districts, pawn shop used car lots, open space for town houses, shared pazking, and distinction between pazking and storage aze attached. The Zoning Committee of the Planning Commission held public hearings on the proposed amendments on Febniary 5 and 19, 1998. The Commission recomxnended their approval on February 27, 1998, as set forth in the attached resolution. ��-zi� I am pleased to transmit these amendments to you for your review and approval. S' cerely, �"� `-'�� Norm Coleman Mayor NC:rr q�- �i� � city of saint paui planning commission resolution file number 98-1z �te - February 27, 1998 MINOR ZONING AMENDMENTS FEBRUARY 1998 WHEREAS, the Saint Paul Planning Commission has determined that considering and recommending monthly zoning amendments to the Mayor and City Council is the most desirable way to keep the zoning code as current as possible; and �VHEREAS, the Zoning Committee of the Planning Commission held a public heazing on reconstruction of second residential buiidings in one and two family districts, clazification that used car lots and pawn shop used car lots aze permitted uses in I-I districts, deletion of maximum open space requirement for townhouses, transfer of approval of shared parking permits to zoning administrator, and defining distinction between storage and parking at its February 5 and 19, 1998, meetings; and � WHEREAS, the Planning Commission has determined: 1. That the number of real estate descriptions affected by the amendments renders the obtaining of written consent impractical; 2. That a survey of an area in excess of 40 acres has been made; 3. The proposed amendments are related to the overall needs of the community, to existing land use, and to plans for future land use; and 4. That pursuant to State Statutes proper notice of the heazing was given in the Saint Paul Pioneer Press on January 14, 21, and 28, 1998. moved by Field i seconded by in favor Unanimous against � NOW, TI B$ IT RESOLVED, that the Saint Paul Planning Commission � recommends approval of the zoning code amendments in the "Minor Zoning Amendments FEBRUARY 1998" study pertaining to reconstruction of second residential buildings in one and two family districts, as amended; clarification that used caz lots and pati��n shop used caz lots are permitted uses in I-1 districts; deletion of maximum open space requirement for townhouses; transfer of approval of shared parking permits to zoning administrator; and defining distinction between storage and pazking, as amended; and directs the PIanning Administrator to forward the study and resolution to the Mayor and City Council for their review and action. � LJ � �� To: S[. Paul Planning Cominission do Roger Ryan , Zoning Department 25 W. 4`" Street, Saint Paul, MN. 55102 From: Kathteen J. Zweber 813 Blair Avenue, St. Paul, MN. 55 LQ4 27 January, 1998 Please consider making cl�anges to existing regulations Utat hacc shown potential to place unnecessary hardship on tlie owners of St. Paul properties that do not meet current zoning standards but aze legally gandfathered in because of their age. Specifically, diought must be given to the effects of a zoning regulauon that requires city residents who otvn suci� property to destroy or dramatically alter it in the event that die property is damaged to a cerlain degree. , I bought the tivee buildings and two lots ihat make up 813 Blair in 1994. I was awaze that the property's main living uni[s were heavily damaged and not fit for habitation at the time of purchase. Since Uien, I have invested my [ime, energy and capital resources into restoring the structures into the beautiful homes they once were. Despite my household income (less than $25,000.00/year), I have made progress toward my goal. However, in order to accomplish the most ctucial comoonen[ of the restoratiot� I am in need of a bank loan. Through a St. Paul DeparUnent of Planning and Economic Development prograa� I qualify financially for the amount of money needed. At one time, I had a reservauon for loan money, but when the financial institution (Miller-Schrceder) found out about the zoning regulation that required the destrucuon of one of the structures on my property in il�e event ihai i[ is damaged more ihan 60 percent, the loan was denied. CurrenUy I have another loan reservation with anotl�er company, but everyone involved is reluctant to sign any papers until the zoning issue is resolved. This zoning issue was never discussed or disclosed prior to my purchase of 813 Btair in 1994. Even my caseworkers in tha Depaztmeni of Planning and Economic De��elopment were swprised Io leam � about it. It is now 1998 and I am stuck �tiith a propert}• that I can neither get a loan to resiore nor sell. If 813 Biair were a property that met the current zoning requirements, I would have completed t�'�e renovation on scliedule and within budget. It is �m• hope ihat I will finislt &e restorauon of this beautiful property witliout losing my investment and my sanity. I Uave U�e financial qualif cations needed for lhe loan I need, and I have already demonstrated the willingness and abitity to invest in St. Paul. Unless the zoning regulations are changed to make provisions for properties like mine, the restoration of 813 Blair will not be possible and inevitable decay will continue to occur. Evenivaily, I will lose everything that I have invested the last four years of my life into and St. Pauf will tose a piece of its history and its tax base. 1 understand that rules, regulations and restrictions aze necessary. However, homes like mine existed before the zoning regutations in question came to be. These homes provide necessarc housing for St Paul residents of all incomes, including residents who need the "affordable housing" that seems to be a popular topic in the media lately. As i[ stands, the current zoning regulafions prevent mo6vated, qualified individuals like me from investing in the purchase and preservation of these St. Paul homes. 813 Biair is no: a unique property, a drive il�rough an} older St. Paul neigUborhood will prove that Please consider making changes to the zoning regulations to eliminate hardship for properry owners in situations like mine. Respectful Z�� L Kathleen J.(Kathy) Z�ceber I will gladly talk about and/or show 813 Blair as an example! My home telephone number is 293-8048. cc: The Thomas-Dale Block Club � � �02/03C1998 18:16 6127310194 DIST TWO COUNCIL ��s�� r�� v�c�, � J February 2, 1998 MI'. ROgCL Ry8I1 City of St. Paul — PED 1100 City Hall Annex 24 Wesi Foucth Street St. Paul, MN 55102 Dear Mr. Ryan: PAGE 02 a�-a�c� 2169 Stillwater Aveiwc, Suitc 20l Saint Paul, MN 55119•3508 !'hone: (612) 73]-6842 Fax:(6121 731-0191 T am writing to you on behalf of the District 2 Community Council regarding the propostd minor zoning amendments being considered by the Planning Commission. At their Tanuary 21, 1998 meeting, the District 2 Community Council adopted the following recommendations: 1. Coned amendment allowing reconsWction of second residential buiidings in one and two famity districts. District 2 recommends that this amendment apply to the Thomas-Dale area only and the larger issue should be addressed by the city land use p(an. � � 2. Clarify that used car lots and pawnshop used cat lots are permitted uses in I-1 districts. District 2 recommmds that used car lots and pawnshop used car lots should be conditional uses in I-1, not permitted uses. 3. Delete maximum open space requirement for townhouses. District 2 supports this amendment. 4. Tcansfer approval of shared pnrking permits to zoning administrator. District 2 supports this amendment. 5, Define murals and indicate they are permitted in all districts. District 2 opposes this amendment as it currently stands because the definitions are too vague and there is insufficient opportunity for community input. 6, Incorporate into the code the new state bonding law allowing sign cantractors to post one bond with the state in tieu of posting bonds with each city they do work in. � District 2 supports this amendment. EQUALOPPORt'UNJTYEMPtAYERlCONTRhCTOR ,; 02/03/1998 18:18 6127310194 DIST TWO COUNCIL PAGE .03 7. Clarify the disanction between storage and pazking. � District 2 opposes this amendmeni. 8. Require that signs be posted on property for which there is a proposed rezoning or permit appiication. District 2 supports this amendment but also recommends the removal of the sentence that reads "The Planning Commission or City Council may, at their discretion, waive tha failure of any applicam to comply fully with this sign provision." Thank you for the opportunity to share our recommendations. Please inciude them in the testimony of the Zoning Cammittce meeting on February i, I998. Since� � Ann Woods Community Organizer � � DEPARTMENTOFPLANN(NG & EWNOMIC DEVELOPMEM Pamela Wheelock Director SAINT PAUL � IIAAA CITY OF SAINT PAUL Norm Coleman, Mayor 15 West Fourth Sbeet Saint Poul, AIN 55101 MEMORANAUM Date: February 20,1948 To: Planning Commission From: Roger Ryan �� Re: February 1998 Minor Zoning Amendments 1� ��L� Telephone: 671-166-656� Facsimile: 6I2-218-33l1 At their February 5 and 19, 1998, meetings, the Zoning Committee amended minor zoning � amendment number 1, (Nonconforming uses of structures, or structures and land in combination) to allow extensions of time to reconstruct a building and minor zoning amendment number 7 (Defizution of storage) to more fully describe storage. The amended sections read as follows: Amendment Number 1. ( fl Nonconforming uses ofstructures, or structures and land in combination. Nonconforming uses of structures, or structures and land in combination, aze subject to the following regulations: � In R-LL and R-1 thru RT-1 residential district a second one-family or t�co family dwelling on a singie lot is exempt from clause (8�above and mav be reconstructed provided that the number of total dwelling units on the lot is not increased and the building is not enlarged or extended unless it meets the setback and lot covera�e requirements for principal structures of the district. Reconstmction of the bui ding must beein within one (1) vear of the removal of the building, unless the Board of Zoning Appeals grants an extension for reconstruction. � Amendment Number 7 Sec. 60.219. S. Storage. The placement of items such as, but not limited to, the following: merchandise for sale or rent; materials awaiting servicing, processing or manufacturing; finished groducts of a servicing, processing or manufacturing operation; equipment; °°—'�---� portable storage containers but exciuding trash containers or gazbage dumpsters which are accessory to the main use; and automobiles. trucks. automobile trailers semitrailers intermodal cargo containers or other vehicles e:,.�a�� ---�-� not used for more than five davs en-a�aec�lc�-Hasis. Minor zoning amendments numbers 6 and 8 were laid over to the nea�t minor zoning amendments and number 5 was taken out of consideration by the Planning Commission so that it may be considered noT as part of a minor zoning amendment package. � � 2 # o��_a1s� • MINOR ZONING AMENDMENTS FEBRUARY 1998 . DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT � SAINT PAUL, MINNESOTA MINOR ZONING AMENDMENTS February 1998 1. CORRECT AMENDMENT ALLOWING THE RECONSTRUCTION OF SECOND RESIDENTIAL BUILDINGS IN ONE AND TWO FAMILY DISTffiCTS. Sec. 62.102. Nonconforming lots, nonconforming uses of land, nonconforming structures, and nonconforming uses of structures and land. (e) Nonconforming structures with conforming uses. Nonconforming structures with conforming uses aze subject to the following provisions: (1) A nonconfomung structure may continue. � (2) A nonconforming structure may be enlazged or altered so long as such enlazgement or alteration does not increase its nonconformity. Accessory buildings may be added so long as they conform in all respects to the requirements of section 62.106, accessory buildings. (3) When a nonconforming structure is destroyed by any means to an extent of more � than sixty (60) percent of its replacement cost, exclusive of the foundation, at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this code. (4) When a nonconforming structure is moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located afier it is moved. - -F - -- - - - - - - - - - -- - - - - - • - ( fl Nonconforming uses of structures, or structures and land in combination. Nonconforming uses of sTructures, or structures and land in combination, are subject to the following regulations: ,{16� In R-LL and R-1 thru RT-I residential district, a second one-familv or two-familv dwelling on a single lot is exempt from clause (81 above and may be reconstructed orovided that the number of total dwelling units on the lot is not increased and the � ��-ate . building is not eniarged or extended unless it meets the setback and lot covera� requirements for principal structures of the district. Reconstruction of the buildi must begin within one {1) vear of the removal of the buildin� Discussion The Thomas Dale Smali Area Plan 40-Acre Study intended to amended the code to allow historic "alley houses" on singie lots in 1 and 2 family districts to be reconstructed if seriously damaged by fire. The amendment was made to the section conceming nonconforming structures with conforxning uses rather than the section conceming nonconforming uses. This amendment will rectify the error. 2. CLARIFY THAT USED CAR LOTS AND PAWN SHOP DISPLAYING VEHICLES OUT SIDE A BUILDING ARE PERMITTED USES IN I-1 DISTRICTS. Sec. 60.612. Principal uses permitted. (I-i Districts.) (14) Automobile service stations, auto repair stations, auto convenience markets, auto specialty stores, and uu ��_�� ;, ti-••... `_..:'_-_ - .-, -r.__:,___ _ t•� , outdoor s�ace for the sale or rental of new. secondhand. or �awned automobiles trucks s motorcycles. trailers. or boats. as regulated in the B-3 District; auto body shops. Sec. 60.614. Principal uses permitted subject to special conditions. (I-1 Districts.) The following additional uses shall be permitted subject to the conditions hereinafter imposed for each use and subject to the standards specified for ail special condition uses as set forth in section 64300(d). Ali principal uses permitted subject to special conditions shall be reviewed and approved by the planning commission. (1) All uses as permitted and as regulated in the B-3 Business District under principal uses permitted subject to special conditions except the uses that are principal uses oermitted in Section 60.612 (141.. Discussion This corrects two 1996 amendments concerning used caz lots and pawn shops that display pawned vehicles out side of a building. This clazifies that in I-1 Districts they are permitted uses. 3. DELETE MAXIMUM OPEN SPACE REQUIREMENT FOR TO�VNHOUSES Notes to 61.101 Residential Districts: (Schedule of Regulations) � 2 (c) If townhouses aze developed on pazcels where only the land immediately beneath � each dwelling unit constitutes an individually described lot and all other land required for yards, other open space, parking, and other necessary land as required by this code constitutes "common" properties, jointly owned by the owners of the described lots beneatlt each dwelling unit, the minimum size lot per unit shall be applied to the entire parcel. ', , > > > , Discussion Requiring a maximum of 300 square feet of open space on a townhouse lot has no regulatory purpose. It is not enforced. 4. TRANSFER APPROVAL OF SHARED PARKING PERMITS TO ZOIVING ADMINISTRATOR Sec. 62.103. Parking reqairements. (4) When at least one (1) of two (2) or more uses has a pazking deficiency and their � peak pazking hours do not overlap, the gl�tig zonine administrator may pemut the dual function of their off-street pazking spaces as long as peak pazking hours for the uses do not overlap and the uses within the buildings do not change and thereby require additional off-street pazking. Building owners with such shazed parking permits shall submiY an annual statement to LIEP which verifies the nonconcurrent peak parking hours of the buildings involved with the shared parking permit and a list of uses within each building to verify no changes in uses which would require additional pazking. Discussion It is more efficient for the zoning administrator to grant shared parking agreements since their need comes up during site plan review which is now conducted by LIEP. 5. DEFINE MURALS AND INDICATE THAT THEY ARE PERMITTED IN ALL DISTRICTS Sec. 66.115. M. Mura1 A scene or design painted directly on an exterior building wall door or window that is intended as a decorative or ornamental feature. � J q� � Sec. 66.118. P. Painted wall sign. A si�n �ainted directiv on an exterior buildin� wall. door. or window. Sec. 66.201. All signs - Permits, zoning districts. � Murals that include no text. numbers. trademarks. or logos are exempt from the regulation of this sign code. Murals that include text. numbers. trademarks. or logos shall be considered and reeulated as nainted wall signs.. Discussion These definitions distinguish between murals and painted wall signs and exempts murais from regulations conceming size, location height, or other regulations of the code. 6. INCORPORATE NEW STATE SIGN CONTRACTOR BONDING LAW. Sec. 66.403. Licensing. (d) Bond requirements. � Ll,� No license issued under the terms of this section shall become effective until the licensee shall have filed with the zoning administrator a surety bond in the sum of tea eieht thousand dollazs {$i-9�,68A-8Aj 8 000 in favor of the City of Saint Paul and conditioned that the city will be saved harmless from any loss, damage, costs or lawsuits by reason of improper or inadequate work performed by the holder of said license under the provisions of this chapter. Such bond shall be subject to approval as to form, execution and surety. Approved bonds shall remain in force for a period of time equivalent to the period of the license. �2,2 In lieu of the bond required in (i ) above the licensee mav post a co�liance bond with the State Denartment of Commerce_ as set forth in MN Statutes 325E 58 Discussion A new state law (MN Statutes 325E.58) allows sign contractors the option of posting one $8,000 bond with the state in lieu of posting bonds with each city they do work in. This change incorporates the new law into the code. Bonds posted with the city can not be worth more than those posted with the state so the city bond is reduced to $8,000 from $10,000.. � 0 c' 7. DEFINE DISTINCTION BETWEEN STORAGE AND PARKING. � Sec. 60.219. S. Storage. The placement of items such as, but not limited to, the following: merchandise for sale or rent; materials awaiting servicing, processing or manufacturing; finished products of a servicing, processing or manufacturing operation; equipment; ---=`—•-� portable storage containers but excluding trash containers or gazbage dumpsters which aze accessory to the main use; and automobiles. trucks. automobile trailers semitruck trailers or other vehicles � �ekie}es not used f�c r more than five da� erra raeek�y-}jasis. Sec. 60.216. P. Parking. The placement of automobiles. trucks trailers emitrailers or nther vehicles for five or fewer davs. Discussion The City Council has requested that the distinction between pazking and storage be clazified. (See attached resolution.) The amended definitions of storage shows that the placement of objects for any time period and the placement ofvehicles (autos, trucks, trailers, and semitrailers) is storage. The placement of vehicles for five days or less is pazking. The shorter time period for parking will be easier to enforce. � 8. POST NOTIFICATION SIGNS ON PROPERTY OF PENDING ZONING ACTION Sec. 64.300. Planning commission and planning or zoning administrators approval. (c) Review procedures; hearing and notices required. The planning commission, or the planning or zoning administrator where delegated, shall investigate the circumstances of each such case. When authority has not been delegated to the planning or zoning administrator, the planning commission shall make no decision until after a public hearing has been conducted by the planning commission or the zoning committee of the planning commission. The planning commission or zoning committee shall send notice of the time and place of any heazing to all parties who may, in its opinion, be affected by its decision, which shall in all cases include all owners of record of property within three hundred fifty (350) feet of the premises in question. Such notices shall be delivered personally or by mail addressed to the respective owners at the address given in the most curcent Ramsey County property taxation records. For cases with a public hearine. the a�plicant shall erect. or cause to be erected at least one notification sign per streeY frontage on the land described in the a�tication The sign shall be rovided y the De�artment of Planning and Economic Develo,pment � J q�-al� � The application shall not be deemed filed and the pla*tnin�commission or zoning committee shali not be rec�uired to hold an hearing on the application until the sign has been erected for at least ten days precedine the hearin„� The sign shall be keDt in ood repair and shall be maintained in place until a final decision has been made on the a�rlication b�the planning commission or citv council and shall be removed bv the a�licant within five davs of the final decision The Plannin� Commission or Citv Council mav at their discretion waive the failure of anX a�olicant to com�lv fully with this sizn provision Sec. 64.400 Changes and amendments (d) Petitioners shall erect. or cause to be erected. a sign or si�ns on land petitioned to be rezoned in accordance with and subject to the rec�uirements of Section 64 300 (cl Discussion This will give notice of pending zoning action to the people who do not receive mailed notice now (residents and business owners who are renters). � _� OCT-28 14�01 ��Dtia : t _ ... Commitue Dau 1 W��.RF_AS, on Jt:ne 17, 1997, Frank Wallner, filed w appal of th: Bou3 of Zoaing Appr.aLs decision ii 2 Zoning File Iv`o. 97-192; nnd 3 WF�REAS, the decision of the Board of Zoning Appuls cnntained iu ZoaingFilc No. 97-192 indud:a a 4 find:ng chzt thc Burli*igcon Norzhem Sanu Fc Railway parks, rather than scora� u�ilcrS oa nilwaY Ptope.^.y eu: ef 5 Snelling Avenue; and 6 W��REAS, tbe findings of the Board of Zoning Appals i.n Zoning File No. 97-192 was bued i.n part u?on �� 7 intcrpreurion of th: defiairion of thc tcrm 'scongc' as it appears S�.int Paul Legislative Code § 60.219.5; wd $ WI�REAS, che Boa: d of Zon.ing AppcaLc incerpraed T a<i,rive Code § 60.219.S co ezeau a sevea (� d� 9"bright lin�' bccwec� pir};ing wd sconge su:h �c che tnilen at issue in Zoning File No. 97-142 were pa:kev if the 1 D znilers wc e locued on raila•ay properry seven (7� dzys or less but scored if the remain�d on nilway prope .ry eight 1 I (S) or morc days; wd 12 W} i_REAS, zhc Board of Zoaing Appeals seven (� day 'brighc Lne' definiuon of pukiag is too long ud 13 thaeby creaces ritur.ioas a•hich mako enforcement of thc Ciry's zoning o:dinances virua�ly impossible and cre� 14 cor.fusion on che pi-, of propercy owners'who rsun comp?y with the Ci.y's zoning ordinznces u[hey rela:e co 1� scorage aad pa:king, -.11 co the determenc of public htalch, welfa*c aad safery; NO�X', TH 16 BE TI' RE50LViD, tha: the Council of che City of Saint Paul hereby raquesu the City's Plzwing Co�r�z:oa 17 co review the p:esent zoaing ordi.naaces governing "parking" aad 'r•orage' for rhe p.upose of isproving public 18 hca?ch, welfa: e aad sie.y by cl�.'ifying the diranetion becwecn "parkiag' wd'sconge" and shortening the p: es^-rL 19 'bright line" cine p:rio? fo: pi king wd rorage to a rime period srhich smplifia zoni.ng r�forcemenc and ::c's 20 zon.ng complii�ce, i,3 reporz back to the Gry CouacIl wiLh recommendatioa: on Lhis issue by Ottober 25, 1997. , Rcqucstx' by Ucpa.�ent of: � Adoption Certified by Cauncil Secretary By: � _ a _ � 1� � Approvtd by Maya: Dau RESOLUTiON CITY OF SAINT PAUL, MlNNESOTA Green Sheet # 3� P.H2i23 Form Apgrwed by Ciry Attomry By: Approved by Mayor for Slibmission to Coimcil � � By: Adapttd by Cauncil: Dak �'�, � �q9`� �