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Memorializing a City Council decision to deny the appeal of Joe Galante from the Board of Zoning Appeals decision denying an appeal of a zoning approval for a building permit based on alleged improper application of the standards in Section 61.402(c)(4) and (5) of the Zoning Code at 2094 Goodrich Avenue.
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WHEREAS, On August 28, 2026, Joe Galante (“Appellant”), filed an appeal with the Board of Zoning Appeals (“BZA”) challenging the City’s approval of a building permit for an apartment building with three dwelling units at 2094 Goodrich Avenue; and
WHEREAS, Appellant’s appeal to the BZA claimed the City erred by not requiring the developer of the building to submit a site plan before issuing the building permit; and
WHEREAS, the appeal claimed the City’s failure to require a site plan before issuing the building permit meant the City did not properly apply Saint Paul Legislative Code sections 61.402(c)(4) and (5) to the apartment; and
WHEREAS, the appeal alleges the approved plans for the apartment do not adequately protect adjacent properties from potential impacts related to drainage, noise, views, and light under Sections 61.402(c)(4) and (5); and
WHEREAS, the appeal also alleges the site layout does not adequately prevent unreasonable adverse impacts on immediate neighboring properties on property located at 2094 Goodrich Avenue; and
WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on September 28, 2026; and
WHEREAS, the Board of Zoning Appeals heard testimony and evidence from the Appellant as well as neighborhood comments; and
WHEREAS, the Board of Zoning Appeals voted to deny the appeal; and
WHEREAS, the Board of Zoning Appeals determined that Section 61.402 of the City’s Zoning Code did not apply because Section 61.402(a) requires site plan approval by the planning commission before a permit is issued for grading or construction, except for development of three (3) or fewer dwelling units; and
WHEREAS, the Board of Zoning Appeals determined that this project was for a three-unit building, which is exempt from site-plan review under Section 61.402(a); and
WHEREAS, the Board of Zoning Appeals determined that because no site-plan review was required, the planning commission did not have to make the findings in Sections 61.402(c)(4) and (5); and
WHEREAS, the Board of Zoning Appeals also rejected Appellant’s claim that the City should analyze drainage, buffers, views, light, air, and building arrangements for this project under site-plan review in Section 61.402 because the three-unit building at issue in this case is exempted from site-plan review; and
WHEREAS, the Board of Zoning Appeals also determined the Appellant’s remaining arguments and documentation were not relevant to the appeal because they were governed by the City’s building code rather than the zoning code; and
WHEREAS, the Appellant timely appealed the Board of Zoning Appeals’ decision to the City Council; and
WHEREAS, the City Council held a public hearing on Appellant’s appeal on October 28, 2026; now therefore be it
RESOLVED, the Council of the City of Saint Paul, having considered the Appellant’s application and all the reports, records, and minutes in this matter including the Board of Zoning Appeals staff report, denies the appeal in this matter; and be it
FURTHER RESOLVED, the Council, in support of its decision, hereby adopts as its own and hereby incorporates by reference, the staff’s recommendation as set forth in the staff report dated September 24, 2026 and the Board of Zoning Appeals’ resolution dated September 28, 2026; and be it
FURTHER RESOLVED, the City Clerk shall provide a copy of this memorialization-resolution to Appellant, the Zoning Administrator, and the Board of Zoning Appeals.