05-606Council File # �5� 10�J�U
Ordinance #
Green Sheet # 3C26923
ORDINANCE
OF SAINT PAUL, MINNESOTA
aRo
Presented By
Referred To Committee: Date
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2 An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for
3 the City of Saint Paul and the zoning maps thereof:
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WHEREAS, Pursuant to Minnesota Statutes §462.357 and §61.800 of the Legislative Code,
Frias Family Partnership, in Zoning File 05-091-021, duly petitioned to rezone 407 Livingston
St. E., being legally described as WEST ST PAUL BLKS 1 THRU 99 ELY QUADRANGULAR
PART OF LOTS 2 AND 3 MEASURING 98 80/100 FT ON N L OF LOT 2 AND 94 FT ON S L
OF LOT 3 BLK 35 (PIN 08-28-22-22-0015), from RM1 Low Density Multiple Family
Residential to VP Vehicular Parking to construct a parking lot for the Boca Chica Restaurant;
and
WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on May
12, 2005, for the purpose of considering the rezoning petition, and pursuant to §107.03 of the
Administrative Code, submitted its recommendation to the Planning Commission for approval
with site plan revisions; and
WHEREAS, the Planning Commission considered the rezoning petition at its meeting held on
May 20, 2005, and recommended approval with site plan revisions to the City Council; and
WHEREAS, notice of public hearing before the City Council on said rezoning petition was duly
published in the official newspaper of the City on May 31, 2005, and notices were duly mailed
to each owner of affected property and property situated wholly or partly within 350 feet of the
property sought to be rezoned; and
WHEREAS, a public hearing before the City Council having been conducted on June 15,
2005, at which all interested parties were given an opportunity to be heard, the Council having
considered all the facts and recommendations concerning the petition; now, therefore
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
� ;:: �,.r:7
����
That the zoning map of the City of Saint Paui, Sheet Number 29, as incorporated by reference
in §60.303 of the Saint Paul Legisiative Code, as amended, is hereby further amended as
follows:
That the property at 407 Livingston St. E., being more particularly described as:
�`j' �
i
2
3
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5
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WEST ST PAUL BLKS 1 THRU 99 ELY QUADRANGULAR PART OF LOTS 2
AND 3 MEASURING 98 80/100 FT ON N L OF LOT 2 AND 94 FT ON S L OF LOT 3 BLK 35
be and is hereby rezoned from RM1 to VP Vehicular Parking.
Section 2.
This ordinance shall take effect and be in force thirty (30) days from and after its passage,
approval and publication.
Benanav
Bostrom
Harris
Thune
Adopted by Council: Date
Adoption Certified 7�y Cou
By:
Approved by
By:
J
��
Requested by Department of:
Plannin & ECOnomiC Develo me t
sy:
Approved by Financial Services
By:
Form Approved by City Attorney
B / !����+cwv� �i'�.O...oS
for
� � e �
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
PE — Plannmg&EcunomicDeveloPmem
ConqctPerson & Phone:
Patricia James
266-6639
ConfradType:
OR-0RDiNANCE
16,1UN-O5
�I � 0
hssign � 1
Number 2
For 3
Routing
Order 4
5
6
Green Sheet NO: 3026923 � ('�
{ nine&EconomicDevdoa 4DirectorlS.Kimberlv ��� �
(StvAttornev GStvAtto ev I �'
pl7avor's Otfice Msvor/Assisfant
ouncil Ci Council
' Qerk (.ti Clerk
tans' & Eco mic Develo I Patricia James
Total # of Signatore Pages �(Clip PJI Locations for Signature)
Action Requested: �
Adopt ordinance memorializing City Council action approving the rezoning from RMl Low Density Mulfiple Family Residential to VP
Vehicular Parking forproperty at 407 Livingston St. E., NW corner at Isabel. (Zoning File #OS-091-021) Public hearing held June I5,
2005.
Recommendations: Appro�e (A) or Reject (R):
Planning Commission
CIB Committee
CiNI Service Commission
1. Has lhls persoNfirtn eeer woficed under a contract for this department?
Yes No
2. Has this persorJfirm e�er been a city employee?
Yes No
3. Dces this persoNfirtn possess a skill not nortnally possessed by any
current city employee?
Yes Na
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, lssues, Opportunity (Wtio, What, When, Where, Why):
�Frias Family Partnership petitioned to rezone this properry to enlarge the pazking lot for the Boca Chica Restaurant. The Ciry Council
approved the rezoning on June 15, 2005, after a public hearing.
Advantages If Approvetl:
Rezoning ordinance will be adopted per City Council intent.
JU� � Q 2005
Disadvanta5les IfApproved:
None.
. �.
DisadvanWges If Not Approved:
City Council acrion will not be completed.
Total'Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
JUN 21 2005
�..• �} �",�c M�t..:_�
JUN 2 2 2QQ5
CosURevenue Budgeted:
Activiry Number:
June 16, 2005 9:28 AM Page 1
DEPARTMENT OF PLANNING
& ECONOMICDEVELOPMENT
Susnn Kimberly, Director
�
V„� �VW
CITY OF SA1NT PAUL
Randy C Ke1Zy, Mayor
May 23, 2005
Ms. Mary Erickson
City Councii Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Dear Ms. Erickson:
25 WutFounh Street Telephone: 65l-266-6700
Saint Paul, MN55102 Fncsimile: 65ld28-3220
I would like to confirm that a public hearing before the City Council is scheduled for
Wednesday, June 15, 2005, for the following zoning case:
Zoning File Number: 05-091-021
Applicant: Boca Chica Parking Lot (Frias Family Partnership)
Address: 407 Livingstan St. E., NW corner at Isabel
Purpose: Rezoning from RM1 Low Density Multiple Family Residential to VP
Vehicular Parking
Previous Action:
Zoning Committee Recommendation: Approvaf with site plan revisions, 5- 0 May 12, 2005
Planning Commission Recommendation: Approvai with site plan revisions, unanimous, May 20,
2005
I have confirmed this day with Councilmember Thune's office. My understanding is that this
public hearing request will appear on the agenda for the June 8, 2005, City Council meeting
and that you will publish notice of the hearing in the Saint Paul Legal Ledger at least 10 days in
advance of June 15, 2005. Please call me at 266-6639 if you have any questions.
I AI ���� ���
Patricia James
City Planner
cc: File #: 05-091-021
Applicant: Boca Chica Parking Lot (Frias Family Partnership)
Paul Dubruie{
Wendy Lane
Carol Martineau
Allan Torstenson
N014CE OF PUBLIC mr.surnrG
The Saint Paiil �ty Coimc�l w�11 conduct a
publlc hearing on Wednesday, June 15,
2005 at 5:30 p.m. "in the City Council
ct,amUers, Thira Floor, city Hall, ls west
Kellogg Bovlevard, to consider the appli-
cation of Boca Chica Parlflng Lot (F�
Family Partnershipj to rezone properry at.
407 Uvingstpn Street East, northwest cor-
ner at Isabet, from RMl (Low Density Mul-
tiple Family Residential) to VP (Vehicular
Pazking).
Dated: May 26, 2005 . � .
MARY ERICKSON
- Assistanc L1ty council Secretary .
(May 311
AA-ADA-EEO Employer
city of saint paul
planning commission resolution
file number os-6o
date �Y Zo, ZooS
� ��
WHEREAS, Frias Family Partnership, File # 05-091-021, has applied for a rezoning from RM1 Low
Density Multiple Family Residential to VP Vehicular Parking under the provisions of §66.700 of the Saint
Paul Legislative Code, on properly located at 407 Livingston St. E., Parcel Identification Number (PIN)
08-28-22-22-0015, legally described as WEST ST PAUL BLKS 1 THRU 99 ELY QUADRANGULAR
PART OF LOTS 2 AND 3 MEASURING 98 80/100 FT ON N L OF LOT 2 AND 94 FT ON S L OF LOT 3
BLK 35; and
WHEREAS, the Zoning Committee of the Planning Commission, on May 12, 2005, held a public
hearing at which all persons present were given an opportunity to be heard pursuant to said application
in accordance with the requirements of §61.303 of the Saint Paul Legislative Code; and
WHEREAS, the Saint Paul Planning Commission, based on the evidence presented to its Zoning
Committee at the public hearing as substantially reflected in the minutes, made the following findings of
fact:
1. The applicant wishes to expand the existing parking lot to the west, onto the adjacent residential lot.
This expansion is consistent with surrounding uses, which include parking lots for the Torre de San
Miguel housing complex, side yards of houses across Livingston, and the fire station to the south.
2. The property can be developed as parking in a way that will not have an adverse impact on the
surrounding area. The site plan proposed by the applicant shows no access from Livingston, so all
traffic will be directed to Cesar Chavez St.
3. The current RM1 zoning permits medium density multiple family residential uses. This lot size could
accommodate four units under RM1 zoning. However, this block is comprised of institutionaf and
commercial uses. Delos Street ends in a cul de sac and an alley, which are used for deliveries to
Boca Chica. These factors make the site less attractive for residential use.
4. Comprehensive Plan policies state that the City should foster business growth and appropriate
accommodation of businesses in neighborhoods and business districts (General Policy 28), The
Area Plan Summary for the West Side Community Plan and fhe Riverview Commercial Corridor
Revitalization Program (Adopted by the City Council on August 8, 2001), recommends a revitalized
commercial corridor and assisting small and minority businesses. It also recommends increasing the
amount of off-street parking that fits into the traditional neighborhood scale and context in the
commercial area.
5. Section 66.703 lists the dimensional standards for parking lots in the VP district:
(a) Lot size. The lot shall have a minimum area of four thousand (4, 000) square feet and a minimum
width of forfy (40) feet .... This standard is met. The lot area is 9,800 sq. ft.
moved by Morton
seconded by
in favor Unanimous
against
(�5=�0�
Zoning File # 05-091-021
Planning Commission Resolution
page 2
(b) Heighf of structures. Strucfures shall have a maximum height of one (1) story and fifteen (15)
feet No structures are proposed for these lots, so this standard does not apply.
(c) Yard setbacks. The minimum fiont yard sefback shall be four (4) feet. If the districts adjoining
the VP District require a greater front yard setback, fhe minimum fronf yard setback shall be the
minimum required front yard setback set forth in the dimensional standards for the adjoining
districts. A visual screen shall be located on the minimum setback line. Minimum side and rear
yard setbacks shall be four (4) feet. This standard is partly met. The site plan submitted by the
applicant shows 4 ft. setbacks around the entire parking lot. The setback line established by the
fire station on Livingston for this block appears to be 9 ft. The parking lot setback along
Livingston shouid be increased to meet this setback Iine as part of site plan approval.
6. Section 66.704 lists required conditions for rezoning properly to VP:
(a) The parking facility shall be accessory fo and for use in connection wifh one or more businesses,
industries, institufions, or mulfifamily residences. This standard is met. The parking facilities are
accessory to the existing restaurant.
(b) The parking faciliiy shall be used solely for parking of private passenger vehiGes and shall not be
used as an off-street loading area. This standard is met. Only private passenger vehicles will be
stored on the lot. No off-street loading will occur on the lots.
(c) No commercia! repair work or service of any kind, or sale or display thereof, shall be conducted
in such parking facility. This standard is met. No repair, service, or sale activities will occur on
the lot.
(d) No signs of any kind, other than signs designating entrances, exits and conditions of use, shall
be maintained on such parking facility. This standard is met. No signs are shown on the site
plan.
(eJ No building other than fhat for the shelter of atfendanis sl�a// be erecfed upon the premises
unless specifrcally approved by the planning administrator during site plan review. No buildings
are proposed for the lot, so this standard does not apply.
(fl Applications for VP District rezoning sha/l include a site plan which conforms to al1 standards set
forth in section 63.300. The planning commission may grant modifications of section 63.300
based on findings that such modificafion is consistent wifh the infent of the code and with the
reasonable enjoyment of adjacent property. This standard is met. A meeting with site plan
review staff raised no major concerns regarding development of the parking lot. However, staff
at the meeting did suggest that the applicant revise the layout of spaces on the plan submitted.
The landscaping ptan and visual screening requirements atso need to be shown in greater detaii.
The applicant has agreed to submit a revised site plan. No modifications of requirements have
been requested by the applicant, so all requirements will be met when the final site pian is
approved.
(g) VP Vehicular Parking Districts shall be developed and maintained in accordance with the
requirements of section 63.300. The applicant agrees to this condition.
7. The consent petition was determined to be sufficient on April 20, 2005: 10 parcels eligible; 7 parcels
required; 7 parcels signed.
NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission, recommends to
City Council, that the application of Frias Family Partnership for a rezoning from RM1 Low Density
Multiple Family Residential to VP Vehicular Parking for property at 407 Livingston St. E. be approved
with a revised site pian providing a 9 ft. setback along Livingston, visuai screening as required by §
63.313, and Iandscaping as required by § 63.314.
DEPARTMENT OF PLANNING
& ECONOMIC DEVELOPMENT
Susan Kimberly, Director
Q�
CITY OF SAINT PALTL
Randy G Kelly, Mayor
May 23, 2005
Ms. Mary Erickson
City Council Research Office
Room 310 City Hali
Saint Paul, Minnesota 55102
Re: Zoning File #:
Applicant:
Address:
Purpose:
City Council Hearing:
Staff Recommendation:
� District Council:
Zoning Committee Recommendation:
Support:
Opposition:
Pianning Commission Recommendation:
Staff Assigned:
ZS Wut Fourth St�eet Telephone � 657-266-6700
SaintPaul,MN5.i102 FacsimiZe=651-218-3220
05-091-021
Boca Chica Parking Lot (Frias Family Partnership)
407 Livingston St. E., NW corner at isabei
Rezoning from RM1 Low Density Muitipie Family
Residential to VP Vehicular Parking
June 15, 2�05, 5:30 p.m., City Councit Chambers
approval with site plan revisons
District 3 did not comment
approval with site plan revisions, vote: 5- 0
0 people spoke, 0 letters received
0 people spoke, 1 letter received
approval with site plan revisions vote: unanimous
Patricia James, 266-6639
Attachments: Planning Commission resolution,
Planning Commission minutes, May 20, 2005
Zoning Committee minutes, May 12, 2005
Correspondence received
Staff Report packet
cc: Zoning File #: 05-091-021
Applicant: Boca Chica Parking Lot (Frias Family Partnership)
City Council Members
District Council: 3
Wendy Lane
Larry Soderholm
Allan Torstenson
Peter Warner
�
AA-ADA-EEO Employer
• .� ,
city of saint paul
�planning commission resolution
file number a5-6a
date May 20 ZooS
WHEREAS, Frias Family Partnership, File # OS-091-021, has applied for a rezoning from RM1 Low
Density Multipie Family Residential to VP Vehicular Parking under the provisions of §66.700 of the Saint
Paul Legislative Code, on property located at 407 Livingston St. E., Parcel Identification Number (PIN)
08-28-22-22-0015, legally described as WEST ST PAUL BLKS 1 THRU 99 ELY QUADRANGULAR
PART OF LOTS 2 AND 3 MEASURfiVG 98 801100 Ff ON Pl L OF L�T 2 AND 94 FT ON S L OF L07 3
BLK 35; and
WHEREAS, the Zoning Committee of the Planning Commission, on May 12, 2005, held a public
hearing at which ali persons present were given an opportunity to be heard pursuant to said application
in accordance with the requirements of §61.303 of the Saint Paul Legislative Code; and
WHEREAS, the Saint Paul Pla�ning Commission, based on the evidence presented to its Zoning
Committee at the public hearing as substantially reflected in the minutes, made the foilowing findings of
fact:
1. The app{icant wishes to expand the existing parking fot to the west, onto the adjacent residential {ot.
This expansion is consistent with surrounding uses, which inciude parking lots for the Torre de San
Miguel housing complex, side yards of houses across Livingston, and the fire station to the south.
� 2. The property can be developed as parking in a way that will not have an adverse impact on the
surrounding area. The site p�an proposed by the applicant shows no access from Livingston, so a!I
traffic will be directed to Cesar Chavez St.
3. The current RM1 zoning permits medium density multiple family residential uses. This lot size could
accommodate four units under RM1 zoning. However, this block is comprised of institutionai and
commercial uses. Delos Street ends in a cul de sac and an alley, which are used for deliveries to
Boca Chica. These factors make the site less attractive for residential use.
4. Comprehensive Plan policies state that the City shouid foster business growth and appropriate
accommodation of businesses in neighborhoods and business districts (General Policy 28). The
Area Plan Summary for fhe West Side Community Plan and fhe Riverview Commercia! Corrido�
Revifalization Program (Adopted by the City Council on August 8, 2001), recommends a revitalized
commercial corridor and assisting smali and minority businesses. It also recommends increasing the
amount of off-street parking that fits into the traditional neighborhood scale and context in the
commercial area.
5. Section 66.703 lists the dimensional standards for parking tots in the VP district:
(a) Lot size. The lot shalt have a minimum area of four thousand (4,000) §quare feet and a minimum
width offorfy (40) feet.... This standard is met. The lot area is 9,800 sq. ft.
moved by Morton
seconded by
in favor Unanimous
• against
i ,.
Zoning File # 05-091-021
Planning Commissio� Resolution
page 2
(bJ Height of structures. Structures sha11 have a maximum height of one (9) story and 6fteen (15)
feet. No structures are proposed for these lots, so this standard does not apply.
(c) Yard setbacks. The minimum front yard setback sf�all be four (4) feet. If fhe disfricts adjoining
fhe VP District require a greater front yard setback, the minimum front yard setback shall 6e fhe
minimum required front yard setback set forth in fhe dimensional standards for fhe adjoining
districts. A visual screen shall be located on the minimum sefback line. Minimum side and rear
yard set6acks shall be four (4J feet. This standard is partiy met. The site plan submitted by the
applicant shows 4 ft. setbacks around fhe entire parking lot. The setback line established by the
fire station on Livingston for this block appears to be 9 ft. The parking lot setback along
Livingston should be increased to meet this setback tine as part of site plan approval.
6. Section 66.704 lists required conditions for rezoning property to VP:
(a) The parking facilify shail be accessory to and for use in connection with one or more businesses,
industries, insfitutions, or multifamily residences. This standard is met. The parking facilities are
accessory to the existing restaurant.
(b) The parking facility shall be used solely for parking of privafe passenger vehicles and shalf not be
used as an off-street loading area. This standard is met. Only private passenger vehicles will be
stored on the lot. No off-street loading will occur on the lots.
(c) No commercial repair work or service of any kind, or sale or display thereof, shall be conducted
in such parking facility. This standard is met. No repair, service, or sale activities will occur on
the lot.
�
(d) No signs of arty kind, other than signs designating entrances, exifs and conditions of use, shall �
be maintained on such parking facility. This standard is met. No signs are shown on the site
plan.
(eJ No building other than thaf for fhe shelter of aitendants shall be erected upon the premises
un/ess specifically approved by the planning adminisfrator during sife plan review. No buildings
are proposed for the lot, so this standard does not apply.
(� Applica6ons for VP Disfrict rezoning shal/ include a sife plan which conforms to alf standards set
forfh in section 63.300. The pfanning commission may grant mod�cations of section 63.300
based on findings that such mod�cation is consistent wfth the intent of fhe code and wifh the
reasonable enjoyment of adjacertt property. This standard is met. A meeting with site plan
review staff raised no major concems regarding development of the parking lot. However, s#aff
at the meefing did suggest ffiat the applicanf revise the layouf of spaces on the pfan submitted.
The landscaping plan and visual screening requirements also need to be shown in greater detail.
The applicant has agreed to submit a revised site plan. No modifications of requirements have
been requested by the applicant, so all requirements wiil be met when the final site plan is
approved.
(g) VP Vehicular Parking Disfricts shall be developed and maintained in accordance with the
requirements of section 63.300. The applicant agrees to this condition.
7. The consent petifion was determined to be sufficient on Aprii 20, 2005: 10 parcels eligible; 7 parcels
required; 7 parcels signed.
NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission, recommends to
City Councii, that the application of Frias Family Partnership for a rezoning from RM1 Low Density
Muitiple Family Residentiai to VP Vehicular Parking for property at.407 Livingston St. E. be approved
with a revised site pian providing a 9 ft. setback along Livingston, visuai screening as required by §
63.313, and landscaping as required by § 63.314. •
G1S -fo0'p
� Saint Paul PIanning Commission
City Hall Conference Center
15 KeIlogg Bouievard W'est
Minutes of May 20, 2005
�
A meeting of the Planning Commission of the City of Saint Paul was held Friday, May 20 , 2005,
at 830 a.m, in the Conference Center of City Aall.
Commissioners Mmes. Donnelly-Cohen, Faricy, Lu, McCall, Morton, Porter,
Present: and Trevino; and Messrs. Aligada, Alton, Anfang, Bellus, Dandrea, Goodlow,
Johnson, Kramer, Mejia, and Scott.
Commissioners Mmes. * Zimmer Lonerii; and Messrs. *Coletta,*Gordon, and Kong,
Absent:
*Excused
Also Present: Lany Soderholm, Planning Administrator; Patricia James, Lucy Thompson,
Donna Drummond, Allan Torstenson, Yang Zhang, Casey MacCallum (PED intern),
Cazol Peshman, and Mary Bruton, Department of Planning and Economic
Development staff:
I.
Approval of minutes of May 6, 2005
�
I1�
Ii
MOTION: Commissioner Sramer moved approval of the minutes of May 6, 2005.
Commzssioner ponnelly-Cohen seconded the motion. The motion camied unanimously on a
voice vote.
Chair's Announcements
MOTION: Commissioner Trevino moved approval of the resolufion honoring M¢ry Bruton,
who is retiring at the end of May.
Mary Bruton e�ressed appreciaflon for the oppornmiry to serve as Pianning Commission
Secretary for the last five yeazs.
The motion carried unanimously on a voice vote.
Chair Johnson asked Commissioner ponnelly-Cohen to hold a special meeting this Tuesday of
rhe Comprehensive Planning Committee to discuss the CIB process. Chair Johnson announced
the creation of a new Long Range Policy Committee and that Commissioner Bellus will serve as
the committee chair.
Planning Administrator's Announcements
Larry Soderholm welcomed the new Planning Commission Secretary, Kate Fleming.
,//
�
Nir.Soderholm regorted on City Council business for May 18`", and announced the Council
agenda for the Wednesday, May 25`�.
Mr. Soderholm reported on the Adult Enteitainment Zoning Study at the City Council, saying
the Council made minor amendments extending the spacing between adutt businesses from 1,000
to 1,500 feet and reducing the thieshold for adult businesses from 300 square feet of aduh
materials to 225 squaze feet.
IV. Zoaing Commiltee
Commissioner Morton gave the Zoning Committee report.
OLD BUSINESS
#OS-088-870 Ken Johnson - Nonconforming Use Permit Yo estabtish legat nonconforming use as a
duplex. 29 Douglas St, NW comer at Forbes. (Patricia .lames, 651/266-6639)
Commissioner Morton stated that District 9 made no recommendation. No one spoke in support.
One Ietter received in opposition. The public hearing was closed. The Zoning Committee
recommends denial on a vote of 5-0.
MOTION: Commissioner MoKon moved the Zoning Committee's recommendalion to deny the �
nonconforming nse, The rnotion carried unanimously on a voice vote.
NEW BUSINESS
#OS-093-694 Victoria Pazk (HRAI - Rezoning from B3 (General Business) and I3 (Restricted
Industrial) to TN3(1� (Traditional Neighborhood with Master plan), SE comer ofW T" & Otto.
(Lucy Thompson, 651/266-6578)
Commissioner Morton stated District 9 recomuiends approval. One person spoke in support; and
oae letter cvas received in supporf. One letter was received in opposirion. The public hearing was
closed. The Zoning Committee recommends approval on a vote of 5-0.
MOTION: Commissioner Mortnn moved tke Zoning Camminee's recommendation to approve
the rezoning. The motiox carried unanimous[y on a voice vote.
� #OS-091-021 Boca Chica Pazkine Lot fFrias Famiiy paztnerslup� _ Rezoning from RMl (Low
Densrty Mulhple Family Res.idential) to VP (vehiculaz pazldng). 407 Livingston St. E., NW
comer at Isabel. (Patricia .7ames, 651/266-6639)
Cominzssioner Morton stated I}ishict 3 did not comment. No one spoke in support, pne letter was
received in opposition. The Public hearing was ciosed. The Zoning Committee recommends
approval with revised site plan on a vote of 5-0.
�
/'
• MOTION: Commissioner Morton moved the Znnixg Comraittee's recnmmexdation to approve
the rezaning. The motion carried unarzimousZy on a voice vote.
�=05-092-406 Joshua Onch�vari - Conditional tise Permit for outdoor sales of vehicles.
1117 & 1125 Rice St., between Geranium & Jessamine. (Parricia James, 651/26(r6639)
Com•nission Morton stated Dishict 6 recommends denial. Three people spoke in support. One
person spoke in opposirion; and two letters were received in opposition. The public hearing is
closed.
The Zoning Committee laid ovez the application to 1�Iay 26, 2005, on a vote of 4-1 (Kramer).
Commissioner Morton announced the agenda for the Zoning Committee meeting for May 26`�.
OLD BUSINESS
#OS-092-406 Joshua Onchwari -Cor.ditional Use Per.mi: for ou:dao: sales of vehiales. 1117-1125
Rice Street, between Geranium & Jessamine. (PatriciaTames, 651/2b�r6639)
NEW BUSTVi ESS
#OS-097-113 Lvnda Mohs-Nonconfomung Use Permit to establish legal nonconforming use status
for an jncome tax/accounting business. 1771-1775 Ford Parkway, between Fairview and Davem.
(Patricia.7ames, 651/266-6639)
� #OS-098-650 McDonald's USA. LLGConditional Use Permit for a fast food restaurant
(reconstruct existing business). 1165 Prosperity Ave., SW corner at Maryland.
(Patricia James, 651/266-6639)
V. Neighborhood and Current P►anning Committee
Commissioner McCall gave the Neighborhood & Current Planning Committee report.
Rice Street Small Area Plan and Fortv-Acre Studv - Release for public review and set
public hearing date on June 17, 2005. (Yang Zhang, 651/266-6659)
Chair Johnson acimowledged Commissioner Alton for the work he has done in co-chairing and
leading the Rice Street Task Force.
Yang Zhang gave a brief staff report.
1VIOTTON: Commissionev McCal1 moved the Neighborhood & Current PZanning CommiKee's
recommendation to set a public hearing date for the Rice Street PZan and rezonings on June 19,
2005. The mo[ion carried unanimously on a voice vote.
Commissioner YfcCall staeed the next meeting is Wednesday, May 25`�, Neighbothood Plan The
agenda includes decertification of old neighborhood plans and an amendment to the West
•
OS��
XI. Adjournment
Meeting adjourned at 9:50 a.m.
Rzcorded and prepazed by
Kate Fleming, Planning Commission Secretary
Planning and Economic Development Department,
City of Saint PauI
Respectfully submitted,
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. ' ..... , . �
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PED�Bmton\Minutes�may 20, 2005
Approved .�1� �2?J�_
(Date)
e
Sue McCall
Secretary of the Planning Coam�ission
�
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05 -1,0�
MINUTES OF THE ZONING COMMI7TEE
Thursday, May 12, 2005 - 3:30 p.m.
City Council Chambers, 3rd Floor
� City Hall and Court House
15 West Keitogg Boulevard
PRESENT:
STAFF:
EXCUSED:
Alfon, Anfang, Johnson, Kramer, Mejia and Morton
Patricia James, Carol Martineau, Allen Torstenson and Peter Wamer
Donnefly-Cohen, Faricy, Gordon,
The meeting was chaired by Commissioner Morton.
Boca Chica Parking Lot (Frias Family Partnership)- 05-091-021 - Rezoning from RM1 Low Density
Muitiple Family Residential to VP Vehicular Parking. 407 Livingston Ave, NW corner at Isabel.
Patricia James presented the staff report with a recommendation of approvai with revisions to the site plan for
the rezoning. She also stated District 3 did not comment, and there were no letters in support, and 1 letter in
opposition.
Charles E. Kopp, Jr., representative of the applicant, stated they had revised the landscaping plan and were
planiing 170 Alpine Current and 11 2-1/2 inch Summit Ash trees.
No one spoke in support or opposition.
�a pubtic hearing was closed.
Commissioner Matthew J. Mejia moved approval of the rezoning with revisions to the site plan. Commissioner
Brian Alton seconded the motion.
The motion passed by a vote of 5-0
Adopted Yeas - 5 Nays - 0 Abstained - 0
Drafted by:
i�tQ�(�
Carol Martineau
Recording Secretary
Submitted by:
�
Patricia James
Zoning Section
Approved by:
�G���
Gladys Morton
Chair
�
! Patricia James - 407 Livingaton Ave. N W corner of Isabel � � � ' � � �� � � � ���j� � ��� Page 1
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� From:
To:
Date:
Subject:
.�
'Trisha Winter" <fjsifation@hotmail.com>
<patricia.j am es@ci.stpaul. m n. us>
5/12/05 928:45 AM
407 Livingston Ave. N. W corner of Isabel
My name is Patricia Wenger at 410 Livingston Ave. St. Paul, Mn 55107
I talked to Joe Spencer the other day and he told me to also send e mail.
Subject rezoning from RMI low density Multiple family Residential to VP
Vehicular Parking
Property Address: 407 Livingston Ave. NW corner at Isabel. plans for Boca
Chica Parking lot Frias Family Partnership, LLC
Subject rezoning from RMi Low Density Multiple Family Residential to VP
Vehicular parking at 407 �ivingstone Ave N. W corner of lsabel across from
MY home at 410 Livingston part of Westbridge townhomes that total 19 other
owner only townhomes. I am not for a commercial parking lot there because
of night noise and another reason concern of escalate, that is bottom line
increase in intensity of more commercial in our area near Westbridge homes
and also concern of Delos family rental homes of Torre De San Migual.
Thank you for allowing my home owner concern in my area. Shows every one in
our good country has a right to speak up as American citizens in our good
country.
Thank You again
Patricia We�ger
i
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From: Trisha wnter <tjsitalion@hotrnail.com>
To: info-@wsco.arg
Subject: 467 Liviru�gton Ave. N.W CORNER of Lsabei
SenC Thursday, May 12, Z005 9:05 AM
File # OS-091-021
Attn: Joe Spencer:
As of our pixoae conversation I am sending my viewpoint aZso by e mail. I won't be able to
attend the meeting May 12, 2005.
•
Subject Rezoning From RMI - Low density Multiple Family Residential to VP Vehicular parking at �
407 Livingston ave N.W. corner at Isaabel, across from my home 410 Livingston AVe. part of
Westbridge Townhomes owner only total of 20 tovm home ownets. O¢ Delos area Totre IIe San
Migual rental apartments mostly faIDily people there and heard they enjoy the area for their
children.
Now Subject of Property of 407 iin which the house there is already down for the purpose of
Vehicular parking for Boca Chica Parking 1ot ( Frias Family Partnership,LLc
My Name is Patricia Wenger of 410 Livingston Ave. St. Pau1, Mtf/55107
I am not for a commercial parking lot there because of noise at night and another reason
concern of escalate, that is increase in intensity of more co�ercial in our Area near
Westbridqe Town homes and also concer,dof De1os atea Torre De San Miquel
Thank you £or allowing my home owner input in my area. Shows every one has a riqht in our qood
country to speak up_
Thank you again,
Patricia Wenger Phone 651 227 25 66
Page i of 1
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.../getmsg?curmbozc=F000000001&a=9ac5514e4d17�a31 de28f44730e924a&ms�MSG1 1 1 595/12/2005
OS-�o�
ZONING COMMITTEE STAFF REPORT
FILE # 05-091-021
• 1. APPLICANT: Boca Chica Parking Lot (Frias Family Partnership) HEARING DATE: May 12, 2005
2. TYPE OF APPLICATION: Rezoning
3. LOCATION: 407 Livingston St. E., NW corner ai isabet
4. PIN 8� LEGAL DESCRIPTION: 08-28-22-22-0015; WEST ST PAUL BLKS 1 THRU 99 ELY
QUADRANGULAR PART OF LOTS 2 AND 3 MEASURING 98 80/100 FT ON N L OF LOT 2 AND
94 FT ON S L OF LOT 3 BLK 35
5. PLANNING DISTRICT: 3
6. ZONING CODE REFERENCE: §66.700; §61.801(b)
7. STAFF REPORT DATE: May 12, 2005
EXlSTING ZONING: RM1
BY: Patricia James
8. DATE RECEIVED: Aprii 11, 2005 DEADLINE FOR COMMISSION ACTION: June 10, 2005
A. PURPOSE: Rezoning from RM1 Low Density Multiple Family Residential to VP Vehicular Parking.
B. PARCEI SIZE: 9,800 sq. ft.
C. EXISTING LAND USE: vacant
D. SURROUNDING LAND USE:
North: multiple family residential uses (RM1)
East: mixed density residential (RM1)
South: Fire station (RM1)
West: Parking lot for Boca Chica Restaurant (VP)
� E. ZONING CODE CITATION: §66.700; §61.801(b) provides for changes to the zoning of property
initiated by the property owner.
�
F. NfSTORYIDISCUSSfON: The site ptan fos the existing parking lot was approved in 1979 (File # 289)
G. DISTRICT COUNCIL RECOMMENDATION: District 3 had not commented at the time this staff
report was written.
H. FINDINGS:
1. The appiicant wishes to expand the existing parking tot to the west, onto the adjacent residentiai
lot. This expansion is consistent with surrounding uses, which include parking lots for the Torre
de San Miguel housing complex, side yards of houses across Livingston, and the fire station to
the south.
2. The property can be developed as parking in a way that wiil not have an adverse impact on the
surrounding area. The site pian proposed by the appiicant shows no access from Livingston, so
all tra�c wiii be directed to Cesar Chavez St.
4. The current RM1 zoning permits medium density multiple family residential uses. This lot size
could accommodate four units under RM1 zoning. However, this block is comprised of
institutionat and commercial uses. Delos Street ends in a cul de sac and an aNey, which are
used for deliveries to Boca Chica. These factors make the site less attractive for residential use.
5. Comprehensive Plan policies state that the City should foster business growth and appropriate
accommodation of businesses in neighborhoods and business districts (General Policy 28). The
Area Plan Summary for the Wesf Side Community Plan and fhe Riverview Commercial Corrid�r
Revitalization Program (Adopted by the City Council on August 8, 2001), recommends a
revitalized commercial corridor and assisting smail and minority businesses. It aiso
recommends increasing the amount of off-street parking that fits into the traditional
neighborhood scale and context in the commercial area.
6. Section 66.703 tists the dimensionai standards for pasking {ots in the VF district:
Zoning File # OS-091-021
May 4, 2005
page 2
(aJ Lof size. The lot shall have a minimum area of four fhousand (4, 000) square feet and a
minimum width o{forty (40) feef ..,. This standard is met. The lot area is 9,800 sq. ft.
(b) Height of structures. Structures shat! have a maximum height of one (1) story and fifteen
(f5) feef. No structures are proposed for these lots, so this standard does noY apply.
(c) Yard setbacks. The minimum fronf yard setback shall be four (4) feet If the districts
adjoining the VP District require a greater front yard setback, the minimum front yard setback
shall be the minimum required fronf yard setback set forth in the dimensional standards for
the adjoining districts. A visual screen shal! be located on the minimum setback line.
Minimum side and rear yard setbacks shall be four (4) feet. This standard is partly met. The
site plan submitted by the applicant shows 4 ft. setbacks around the entire parking lot. The
setback line established by the fire station on Livingston for this block appears to be 9 ft.
The parking lot setback along Livingston should be increased to meet this setback line as
part of site plan approval.
Section 66.704 lists required conditions for rezoning property to VP:
(a) The parking facilify shall be accessory fo and for use in connection with one or more
businesses, industries, institutions, ormultifamilyresidences. This sfandard is met. The
parking facilities are accessory to the existing restaurant.
i
(b) The parking faciliiy shal! be used solely for parking of private passenger vehicles and shall
nof be used as an off-street loading area. This standard is met. Only private passenger
vehicles will be stored on the tot. tVo off-street loading wifl occur on the lots.
(c) No commercial repair work or service of any kind, or sale or display fhereof, shall be �
conducted in such parking facilify. This standard is met. No repair, service, or sale activities '
will occur on the lot.
(d) No signs of any kind, ofher than signs designating enfrances, exits and conditions of use,
shall be maintained on such parking facility. This standard is met. No signs are shown on
the site plan.
(e) No building other than that for the shelter of attendants shal! be erected upon the premises
unless specifically approved by the planning administrator during site plan review. No
buildings are proposed for the lot, so this standard does not appiy.
(� Applications for VP District rezoning sha!! include a sife plan which conforms fo al7 standards
set forth in section 63.300. The plannrng commission may granf modifications of secfion
63.300 based on findings that such modification is consistent with the intent of the code and
with the reasonable enjoyment of adjacent property. This standard is met. A meeting with
site plan review staff raised no major concems regarding development of the parking lot.
However, staff at the meeting did suggest that the applicant revise the layoui of spaces on
the plan submitted. The landscaping plan and visual screening requirements also need to
be shown in greater detail. The applicant has agreed to submit a revised site plan. No
modifications of requirements have been requested by the applicant, so all requirements will
be met when the final site plan is approved.
(g) VP Veliicular Parking Districts shall be developed and maintained in accordance with the
requirements of section 63.300. The applicant agrees to this condition.
8. The consent petition was determined to be sufficient on April 20, 2005: 10 parcels eligible; 7
parcels required; 7 parcels signed.
I. STAFF RECOMMENDATION: Based on the above findings, staff recommends approval of the �
rezoning from RM1 Low Density Multiple Family Residential to VP Vehicular Parking with a revised
site plan providing a 9 ft. setback along Livingston, visuai screening as required by § 63.313, and
tandscaping as required by § 63.314.
PETITION TO AMEND THE ZONING CODE
Department ofPlannzng and Economic Developmeru
Zoning Seclion
I400 Cily HaQAnnex
25 WestFourth Street
SaintPau� MN55102-I634
(651) 266-6589
APPLICANT
PROPERTY
LOCAT90N
Property Owner� �
"
Cityr S 1 �ig Lr� St �_Zp _�/�Z_Daytime Phone �o�. `� y/ 1
Contact Person (if different) Phone yJ `/� �l0
Address / Location
Legal
Current Zoning
(attach additional sheet lf necessary)
TO THE HONORABLE MAYOR AND CITY COUNCIL:
�to Section 64.400 of the Saint Paul Zoning Ordinance and to Sectio� 462.357(S) of Minnesota Statues,
�
j owner of land proposed for rezoning, hereb pptitions you to
the above described properly irom a zoning district to a
zoning district, for the purpose of:
GI � +
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(attach additional sheets if necessary)
Attachments as required: �Site Plan
Subscribed and swom to before me
this
of �
� �
� Consent Petftion
JANICE R. SiEH'�
���»
� ����'t� �c��
Notary Public
n0� •��
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05-�0�
CITY OF SAINT FAUL
A.FFIDAVIT OF PERSON CIRCUL�TING CONSEN'T PETITTON FOR A •
REZONING
STATE OF MINNESOTA)
COUNTY OF RAiAiVISEY )
:SS
f'� R tA �R ►�} S , being first duly sworn, deposes and states that he/she is the person
who circulated the consent petition consis±ing of _Z pages; that affiant is informed and believes that
Ehe parties described on the consent petition aze the owners of the pazceis of real estate described
immediately before each name, and that each of the parties described on the consent petition is an owner
of property within 100 feet of the subject property described in the petition and all property coutiguous
to the subject property that was owned, purchased or sold by the petitioner within one (1) year
preceding the date of the petition; that the consent petition was signed by each said owner; and that the
signatures are the true and correct signa[ures of each and all of the parties so described.
�
.Eo�i� s y�� ~
� a ' f r �
NAME
�/-C�-�-� � _
ADDRESS �
�S/ - aa� �F��r'�
TELEPHONE NU;�ER
Subscribed and sworn to before me this
�, day of ��� 20 66
�n.� ,����.� . .� �
OTARY PUBLIC to-0t
,uunt�RSrE�
raa�+,r ws�e-w�ow
urcar�ona�raisaoa
, �� J
CITY OF SAINT PAUL
• AFFIDAVIT OF' PETITIONER FOR A REZOIv'I�G
STATEOFM iNNESOTA)
COTJNTY OF RAiVISEY )
:SS
The pe[itioner, / d// �� �Q � �.S being first duly sworn, deposes and states that the
consent petition contains signatures of the owners of at least two-thirds (2/3) of all eligible properties
within 100 feet of the subject property described in the petition and ail property contiguous to the subject
property that was owned, purchased, or sold by the petitioner within one (1) yeaz preceding the date of
the petition; petitioner is informed that the consent petition must contain signatures from each and all
owners of jointly-owned property in order to constitute consent from that property and that failure to
obtain consent from each and all owners could invalidate the consent petition; petitioner believes that the
consent petition was signed by each of said owners and that the signature are the true and correct
signatures of each and all of the parties so described.
�
�� � ��r�J� 4 �D
ADDRESS
02��2 - ��I99
TELEPHONE NUMBER
Subscribed and sworn to before me this
�° day °�J���, 20 ��
JANICE R. STEMBRENNFA
rar���s
ARY
io-oi
Dc/ ��G
CITY O�' SAINT PAUL
CONSENT OF ADJOIlVING PROPERTY OW�IERS FOR A •
REZONING
We, the undersigned, owners of property within 100 feet of the total contiguous description of real estate
owned, purchased, or sold by TF� PETTI'IONER within one yeaz preceding the date of this petition
aclmowledge that we have been presented with the following: „ _
1. A copy of the petition of `C C.�l ��� � `� y�� �
(name o,f,pe t�er) '
to rezone the property located at 'St �
from a��_zoning district to a�ZOning district; and
2. A copy of sections �6•70 ( ��ough � inclusive of the Saint Paul Zoning Code.
We aclmowledge that we are awaze of all of the uses permitted in a �L � zoning district, and we
aze aware that any of these uses can be established upon City CounciI approval of the Rezoning. We hereby
c n nt to the re on�ng of the property in the petition of
A a ✓ � zoning district.
(name of petidoner)
We consent to the approval of this rezoning as it was explained to us by the applicant or
his/her representative.
a
�
This petition shall not be considered as officially filed until the lapse of seven (7) working days after it is
received by the Planning Division. Any signator of this petition may withdraw his/her name therefrom by
written request within that time.
ei1llAIICC no nmr ocrr.n..........-..
45-(n��
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site
Zoning File # OS-091-021
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Fire station to south
Zaning Fiie # OS-091-021
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Zoning File # OS-091-021
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Zoning File # OS-091-021
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Zoning File # OS-091-021
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Zoning File # OS-091-021
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