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File #: ABZA 24-4    Version: 1
Type: Appeal-BZA Status: Archived
In control: City Council
Final action: 12/18/2024
Title: Considering the appeal of Benegas Properties, LLC to a decision of the Board of Zoning Appeals denying two variance requests to construct a new multiple family dwelling on the property at 1963 Grand Avenue. (Public hearing closed and laid over from December 11, 2024)
Sponsors: Mitra Jalali
Code sections: Sec. 66.231. - Density and dimensional standards table.
Attachments: 1. Appellant Council Presentation, 2. BZA General and Hearing Minutes_10282024, 3. Appeal Application and Supporting Documents, 4. Zoning Variance Application, 5. Staff Report, 6. Board of Zoning Appeals Resolution, 7. Comment Macalester-Groveland Community Council - District 14, 8. Comments - Combined BZA Public Comment, 9. Applicant Presentation to BZA, 10. Board of Zoning Appeals Public Hearing Notice Mailing Map & List, 11. Board of Zoning Appeals Public Hearing Notice, 12. § 15.99 Extension Letter for 1963 Grand Avenue 12.2.2024, 13. City Council Public Hearing Notice Mailing Map & List, 14. City Council Public Hearing Notice, 15. Nanette Echols public comment, 16. Ann Mabbott public comment, 17. Kami Blackwell Kinney public comment, 18. Tricia Netland Wencel public comment, 19. Emily Campbell public comment, 20. Kimberly Witt public comment, 21. Chelda Kondo public comment, 22. Bob Wiswell public comment, 23. Terry Fisher public comment, 24. Cathy Plessner public comment, 25. Anne Marie Campbell public comment, 26. Mary Beth Starns public comment

Title

Considering the appeal of Benegas Properties, LLC to a decision of the Board of Zoning Appeals denying two variance requests to construct a new multiple family dwelling on the property at 1963 Grand Avenue. (Public hearing closed and laid over from December 11, 2024)

Body

 

Zoning File: #24-086457 (Appeal of Zoning File #24-092718)

 

File Name: 1963 Grand Avenue - Benegas Properties, LLC

 

Appellant: Benegas Properties, LLC

 

Applicant: Benegas Properties, LLC

 

Address: 1963 Grand Avenue

 

Purpose: An appeal of a decision by the Board of Zoning Appeals denying two variance requests to construct a new multiple family dwelling on the property. A height of 50’ and a floor area ratio of 2.27 were requested; the zoning code permits a maximum height and floor area ratio of 40’ and 2.25 respectively. A public hearing was held on October 28, 2024.

 

Staff Recommendation: Denial, based upon findings 3 and 4.

 

District Council Recommendation: The Macalester-Groveland - District 14 Housing and Land Use Committee submitted a letter supporting the variance request.

 

Board of Zoning Appeals Decision: The Board of Zoning Appeals denied the request via a 4-1 vote based upon findings 3 and 4.

 

Support: 1 people spoke, 0 letters received

 

Opposition: 2 people spoke, 10 letters received

 

Required Background Information

 

Does this issue fall within the 60 day rule?  Yes

 

If yes, when does the 60 days expire? December 2, 2024

 

Has an extension been granted?  Yes

 

If so, to what date?  January 31, 2025

 

Key Staff Contact

David Eide (651-266-9088, david.eide@stpaul.gov)

 

 

 

Date NameDistrictOpinionCommentAction
12/11/2024 4:56 PMCraig Aamlie Against Variances are not for bailing out landlords and developers who feel they paid too much for the land, and must now—at the expense of neighbors—build taller than the code allows. If height rezoning is the desire, it should be put forward as a new rule that applies to all, not implemented landlord-by-landlord as lucrative favors; and it should be before the public for ample time, as was the process with the eastern section of Grand Avenue. The height variance requested will place the homes to the north in shade from mid-November to early February every year; much longer that if the rules are followed. Also, the fifth floor would provide a vantage point into the adjacent homes that is not just a difference in degree, but a difference in kind. Allowing developers to break the rules in order help them meet their investment goals over the objections of the harmed adjacent families would be a value statement that is out of step with the value of the people of St. Paul.