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Granting the application of James Jarman and Sarah Jarman to rezone the property at 541 Selby Avenue from RM2 Multi-Family Residential to BC Community Business (Converted), and amending Chapter 60 of the Legislative Code pertaining to the zoning map.
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WHEREAS, James Jarman and Sarah Jarman, File # 18-124-254, has applied for rezoning from RM2 multi-family residential to BC business (converted) under the provisions of § 61.801(b) of the Saint Paul Legislative Code, on property located at 541 Selby Avenue, Parcel Identification Number (PIN) 01.28.23.22.0119, legally described as Woodland Park Addition, Lot 13, Block 4.
WHEREAS, the Zoning Committee of the Planning Commission, on December 6, 2018, 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 application is to rezone the subject parcel to BC community business (converted) in order to convert the property to retail use on the first floor and an office use on the second floor. The applicants indicate that they intend to retain the residential character of the structure and are not proposing any exterior changes at this time.
2. The proposed BC zoning is consistent with the way this area has developed. Selby Avenue has developed with a mix of commercial and residential uses of varying densities. From 1922 to 1975 Selby Avenue was zoned commercial, which permitted all residential and commercial uses. In 1975 when the modern zoning code was enacted, parcels on Selby Avenue were rezoned to a mix of zoning districts that generally corresponded to the underlying land uses of the parcels. Zoning Code § 66.413, Intent, BC community business (converted) district ,states the following:The BC community business (converted) district is a business district expressly for existing residential structures in commercial areas, which will permit the operation of businesses which do not generate large amounts of traffic and at the same time will retain the visual character of the building forms and open space associated with residential uses. This includes a limited height on buildings and front and side yards. It is further the intent of this district to provide parking for employees who work in buildings which are converted from residential to business use.
The proposed BC zoning is consistent with the current and historic development pattern along Selby Avenue regarding the mix of uses and dimensional standards. If the subject property is converted back to a residential use, the minimum lot area per unit requirements for the RM2 zoning district would apply.
3. The proposed BC zoning is consistent with the Comprehensive Plan. Selby Avenue is identified in the comprehensive plan as a mixed use corridor and therefore is suitable for a mix of commercial and residential uses. Land Use Plan Policy LU-1.24 calls for supporting a mix of uses along mixed use corridors. Policy LU-1.46 calls for encouraging the expansion of compact commercial areas in neighborhood centers and Mixed Use corridors to further the objectives of both categories and neighborhoods. Policy 10 in the District 8 neighborhood plan states that priority will be given to commercial development on the
vacant lots and buildings at Selby and Victoria as well as vacant commercial buildings on Selby Avenue west of Dale Street, and that conversion of residential properties on Selby to commercial use is generally discouraged. Although the proposed rezoning will allow a conversion of a residential use to commercial use, the BC zoning district will ensure that the residential character of the structure is maintained and will also allow the property to be used for residential uses.
4. The proposed BC zoning is compatible with the mix of residential and commercial uses in the immediate area and along Selby Avenue. The surrounding land uses are generally permitted in the BC community business district. The BC zoning district has the same lot coverage and front setback requirements as the RM2 zoning district adjacent to the subject parcel, and in the event that commercial uses are discontinued, the BC zoning district has the same lot area per unit requirements as the RM2 district, ensuring continued compatibility with the adjacent residential uses. The BC zoning district is more restrictive than the adjacent B2 zoning district and is compatible with the existing commercial uses in the B2 district adjacent to the subject parcel.
5. 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 rezoning to BC would not constitute spot zoning. The uses that are permitted in a BC community business (converted) district are consistent the uses permitted in the RM2 multi-family residential and B2 community business districts in the immediate area.
6. The petition for rezoning was found to be sufficient on November, 9, 2018; 31 parcels eligible; 21 parcels required; 26 parcels signed.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
SECTION 1
That the zoning map of the City of Saint Paul as incorporated by reference in § 60.303 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows:
That the property at 541 Selby Avenue, being more particularly described as: Woodland Park Addition, Lot 13, Block 4, be and is hereby rezoned from BC to RM2.
SECTION 2
This Ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication.