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Considering the application of the Housing and Redevelopment Authority (HRA) to rezone property at 1059 Maryland Avenue (NW Corner of Earl St) from B2 Community Business to T2 Traditional Neighborhood and amending Chapter 60 of the Legislative Code pertaining to the Zoning Map.
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WHEREAS, Housing and Redevelopment Authority (HRA), File # 25-055-586, has applied to rezone from B2 Community Business to T2 traditional neighborhood under the provisions of § 61.801(b) of the Saint Paul Legislative Code, property located at 1059 Maryland Avenue, Parcel Identification Number (PIN) 21.29.22.34.0199, legally described as East 30 feet of Lot 29 and all of Lot 30 with vacated streets accruing, Block 7, J.A. and W.M. Stees Addition; and
WHEREAS, the Zoning Committee of the Planning Commission, on September 5, 2025, 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:
The zoning application requests a rezoning of the parcel from B2 Community Business to T2 Traditional Neighborhood. §61.801(b) provides for changes to the zoning of property initiated by the property owner.
The proposed T2 zoning is consistent with the Comprehensive Plan. The 2040 Comprehensive Plan designates the future land use of this parcel as Urban Neighborhood, which allows for multi-family housing scattered throughout Urban Neighborhoods, and neighborhood-serving commercial uses at the intersection of arterial and collector streets. Maryland Avenue is an arterial street.
The intent of the T2 district is “... to foster and support compact, pedestrian-oriented commercial and residential development that, in turn, can support and increase transit usage.” The permitted uses in T2 reflect the purpose of the Urban Neighborhood designation. The following policies apply:
2040 Comprehensive Plan:
Policy LU-35. Provide for multi-family housing along arterial and collector streets, and in employment centers to facilitate walking and leverage the use of public transportation.
Policy LU-36. Promote neighborhood-serving commercial businesses within Urban Neighborhoods that are compatible with the character and scale of the existing residential development.
The proposed zoning is compatible with the surrounding uses. The proposed T2 zoning permits commercial uses similar or complimentary to the existing businesses and residences on Maryland Ave and the surrounding residential uses. “The T2 traditional neighborhood district... encourages but does not require, a variety of uses and housing types...”. The T2 zoning designation at this parcel allows for a variety of uses and housing types that are compatible with the surrounding uses.
The proposed zoning is consistent with the way this area has developed. The commercial uses allowed in T2 Traditional Neighborhood are similar to the existing commercial, residential, and institutional uses along Maryland Ave. The surrounding blocks of Maryland Ave are zoned B2 and H2, and T2 allows similar or complimentary uses to those allowed in B2 and H2. Furthermore, areas of Maryland Ave are zoned T2 two blocks west of the proposed rezoning.
Court rulings have determined that “spot zoning” is illegal in Minnesota. Minnesota courts have stated that this term “applies to zoning changes, typically limited to small plots of land, which establish a use classification inconsistent with the surrounding uses and create an island of nonconforming use within a larger zoned property.” The proposed T2 zoning would not constitute spot zoning because the permitted uses in T2 are consistent with the existing commercial, residential, and institutional uses along Maryland Ave, and consistent with the broader land use patterns along Maryland Ave.
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, under the authority of the City's Legislative Code, that the application of the Housing and Redevelopment Authority (HRA) to rezone from B2 community business to T2 traditional neighborhood at 1059 Maryland Avenue is hereby approved.