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Memorializing a City Council decision to deny the appeal of Stronger Sober House from the Board of Zoning Appeals decision denying a zoning variance to establish a 11-resident supportive housing facility on the property at 519 Farrington Street.
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WHEREAS, On May 9, 2025, Chad Unger (“Applicant”), on behalf of Stronger Sober House, applied to the Board of Zoning Appeals (“BZA”) in BZA File No. 25-033875 for a variance from the strict application of the provisions of Section 65.162 of the Saint Paul Legislative Code for the purpose of establishing an 11-resident supportive housing facility on property commonly known as 519 Farrington Street, legally described as WARREN & RICE’S ADDITION, TO SA N 50 FT OF FOL LOTS 1 AND LOTS 2 BLK 23; and
WHEREAS, The property could house up to six residents for supportive housing without triggering the need for a variance of the separation requirement of Section 65.162 of the Saint Paul Legislative Code of the City of Saint Paul (“City”) at 519 Farrington Street subject to certain standards and conditions; and
WHEREAS, The property is located in a H2 traditional neighborhood zoning district; and
WHEREAS, Supportive housing facilities must be a minimum distance of one thousand three hundred twenty (1,320) feet from any other of the congregate living facilities listed in Section 65.162 with more than six (6) adult residents, except in B4-B5 business districts where it must be at least six hundred (600) feet from any other such facility; and
WHEREAS, Applicant proposed to establish an 11-resident supportive housing facility at the property and requested a major variance of 584 feet from the 1,320 feet minimum distance requirement for specified congregate living facilities; and
WHEREAS, Minnesota Statute § 462.357, subd. 6 authorizes the city to grant variances when the applicant for said variance establishes that there are practical difficulties in complying with the zoning ordinance; and
WHEREAS, Minnesota Statute § 462.357, subd. 6 defines "Practical difficulties" as the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties; and
WHEREAS, Section 61.601, of the City of Saint Paul’s Legislative Code also requires variance applicants to demonstrate practical difficulties; and
WHEREAS, On May 30, 2025, the application was duly notified for a public hearing before the BZA; and
WHEREAS, On June 9, 2025, the BZA, in accordance with Saint Paul Legislative Code § 61.601, duly conducted a public hearing on the Applicant’s variance request where all persons interested in said application were afforded the opportunity to present testimony either in-person at the hearing or by the prior submission of written testimony for the record; and
WHEREAS, At the said public hearing the BZA considered the application, a staff report dated June 6, 2025, which contained a recommendation to deny Applicant’s variance request and is incorporated into this resolution by reference, and testimony from the Applicant and others who spoke for or against the variance, as set forth in the BZA’s adopted minutes which are incorporated herein by reference; and
WHEREAS, The BZA, upon closing the public hearing, and based upon all the records and testimony received, including the report and recommendation of the BZA staff dated June 6, 2025, as substantially reflected in the minutes, made the following findings supporting its denial of said application:
Finding one: The variance is in harmony with the general purposes and intent of the zoning code.
The building on the property is a single-family dwelling that has been operating as an 11-resident sober house. The applicant is proposing to convert the use to an 11-resident supportive housing facility. The zoning code states that supportive housing facilities shall be a minimum distance of 1,320 feet from specific congregate living facilities with more than six (6) adult residents; this facility is within 1,320 feet from three supportive housing facilities with more than six (6) adult residents, the closest of which is 736 feet away, for a zoning variance of 584 feet.
The intent of the zoning code requirement to space supportive housing facilities with more than six (6) adult residents at least a quarter mile from supportive housing facilities, licensed correctional community residential facilities, emergency housing facilities shelters for battered persons, or overnight shelters with more than six adult facility residents is to ensure that residents of these facilities are able to live in a non-institutional environment. Permitting the establishment of a supportive housing facility with more than six facility residents at this location within a quarter mile of three other supportive housing facilities would create a cluster of facilities, which would create an institutional type environment for the residents within, which is contrary to the purpose and intent of the zoning code in Section 60.103 to promote and to protect the public health, safety, morals, aesthetics, economic viability and general welfare of the community, to prevent the overcrowding of land and undue congestion of population, and to fix reasonable standards to which buildings, structures and uses shall conform. This finding is not met.
Finding two: The variance is consistent with the comprehensive plan.
The proposed facility supports Policy H-15 of the Saint Paul Comprehensive Plan, which encourages the development of a diverse range of culturally appropriate housing type across the city to serve residents at all life stages and levels of ability. This finding is met.
Finding three: The applicant has established that there are practical difficulties in complying with the provision, that the property owner proposes to use the property in a reasonable manner not permitted by the provision. Economic considerations alone do not constitute practical difficulties.
The zoning code requires 1,320-foot separation between supportive housing facilities to ensure their integration into the broader community and to avoid the creation of institutional clusters. The proposed facility would be located 736 feet from a seven-resident supportive housing facility at 470 Western Avenue North, 873 feet from a 24-residents supportive housing facility at 550 Galtier Street, and 1,161 feet from a supportive housing facility at 342 Fuller Avenue.
Finding three is not met for the following reasons:
i. The applicant could house up to six individuals at this property by right without [a variance to] the required separation;
ii. The fact that this property is within 1,320 feet of two other supportive housing facilities is not a practical difficulty, but rather due to the owner's choice to pursue this use at this location;
iii. It is owner's decision to pursue supportive housing rather than other available housing options;
iv. The difficulty is the result of the owner's decision to pursue supportive housing at the proposed resident number;
v. The owner has not demonstrated that there are practical difficulties to open a supportive housing facility at the number allowed by-right by the ordinance;
vi. There are other locations that the applicant could pursue within the City of Saint Paul [to open a supportive housing facility];
vii. There are other available uses for the property that would not require a variance; and
viii. The difficulty is of the applicant's making.
Finding four: The plight of the landowner is due to circumstances unique to the property not created by the landowner.
Finding four is not met:
The property could house up to six residents for supportive housing without triggering the need for a variance of the separation requirement. The requested variance arises not from unique circumstances of the land but from the applicant's desire to exceed the permitted number of residents within the required separation distance. Other properties within 1,320 feet of the same supportive housing facility are in compliance with this standard. Given that the separation requirement affects other properties within the 1,320 feet proximity to the supportive housing facility, the plight is not unique to the landowner, but general to the surrounding area.
Finding Five: The variance will not permit any use that is not allowed in the zoning district •where the affected land is located.
This finding is met: A supportive housing facility is a permitted use in the H2 zoning district. Granting the variance would not allow a use otherwise prohibited in this zoning district. This finding is met.
Finding six is as follows: The variance will not alter the essential character of the surrounding area.
This finding is not met.
Granting the variance request would result in the establishment of a supportive housing facilities within a quarter mile of three other supportive housing facilities, creating a cluster of congregate living environments. This could undermine the goal of community integration and contribute to an institutional character that is inconsistent with the surrounding residential area.
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WHEREAS, On June 9, 2025, the Applicant, pursuant to Saint Paul Legislative Code § 61.702(a), filed with the City Clerk an appeal from the BZA’s determination under BZA File No. 25-033875 and Appeal File 25-043745, and requested a hearing before the City Council for the purpose of considering the actions taken by the BZA; and
WHEREAS, On July 2, 2025, a public hearing on the said appeal was noticed; and
WHEREAS, On July 23, 2025, the Council conducted a public hearing on the Applicant’s appeal where all persons interested were afforded the opportunity to be heard; and
WHEREAS, During the hearing the Council voted to lay the matter over until August 6, 2025; and
WHEREAS, On August 6, 2025, the Council passed Bridge Resolution 25-1242, putting into effect a moratorium on applications for zoning controls for Sober Houses and Supportive Housing Facilities; and
WHEREAS, Said resolution stayed all existing and pending applications for zoning controls for Sober Houses and Supportive Housing Facilities, while City Staff and the Planning Commission study how to best regulate and classify these types of housing; and
WHEREAS, All existing and pending applications for zoning controls for Sober Houses and Supportive Housing Facilities were stayed from the effective date (August 6, 2025) of said Bridge Resolution until end of the effective dates of the related Interim Ordinance (Ordinance 25-47); and,
WHEREAS, On August 20, 2026, the Council also passed Ordinance 25-47, initiating a moratorium on applications for zoning controls for Sober Houses and Supportive Housing Facilities; and
WHEREAS, Said moratorium on zoning controls for Sober Houses and Supportive Housing Facilities ran from August 6, 2025, to August 5, 2026; and
WHEREAS, On July 22, 2026, the City Council considered, ABZA 25-5, laid over and stayed from August 6, by Resolution 25-1242 and Ordinance 25-47; and
WHEREAS, The Council of the City of Saint Paul, upon hearing presentation from staff and public hearing being closed and having considered the Applicant’s variance application, the report of staff, and all the records, minutes, and the resolution of the BZA presented, denied the Applicant’s appeal, not finding error; and
NOW, THEREFORE, BE IT RESOLVED, That based upon the all files, reports, and testimony in the matter, the Council hereby denies applicant’s appeal and hereby adopts the findings and recommendations of the Board of Zoning Appeals and the staff report dated June 6, 2025, as its own; and
BE IT FINALLY RESOLVED, That the City Clerk provide a copy of this memorialization resolution to Appellant, Tram (“Chum”) Struve, on behalf of Chad Unger and Stronger Sober House, the Board of Zoning Appeals, and to zoning administrator Diatta.