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File #: ABZA 25-4    Version: 1
Type: Appeal-BZA Status: Agenda Ready
In control: City Council
Final action:
Title: Considering the appeal of Mark Schwartz to a decision of the Board of Zoning Appeals denying two variance requests to establish a 22-resident supportive housing facility on the property at 438 Daly Street.
Sponsors: Rebecca Noecker
Code sections: Sec. 65.162. - Supportive housing facility.
Attachments: 1. Appeal Application and Supporting Documents, 2. Zoning Variance Application, 3. Staff Report, 4. Resolution, 5. Comments - Combined Public Comment, 6. Board of Zoning Appeals Public Hearing Notice Mailing Map & List, 7. Board of Zoning Appeals Public Hearing Notice, 8. ยง 15.99 Extension Letter for 438 Daly Street 5.9.2025, 9. BZA Meeting Minutes April 14, 2025, 10. BZA Meeting Minutes April 28, 2025, 11. BZA Meeting Minutes May 27, 2025, 12. City Council Public Hearing Notice Mailing Map & List, 13. City Council Public Hearing Notice, 14. Revised City Council Public Hearing Notice - New Hearing Date
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Title

Considering the appeal of Mark Schwartz to a decision of the Board of Zoning Appeals denying two variance requests to establish a 22-resident supportive housing facility on the property at 438 Daly Street.

Body

 

Zoning File: #25-038208 (Appeal of Zoning File #25-020339)

 

File Name: 438 Daly Street - Mark Schwartz

 

Appellant: Mark Schwartz

 

Applicant: Mark Schwartz

 

Address: 438 Daly Street

 

Purpose: An appeal of a decision by the Board of Zoning Appeals denying two variance requests to establish a 22-resident supportive housing facility. 1.) The zoning code states that supportive housing facilities shall be a minimum distance of 1,320 feet from specified congregate living facilities with more than six (6) adult residents; this facility is 1,044 feet from another congregate living facility with more than six (6) adult residents, for a zoning variance of 276 feet. 2.) In the B2 zoning district, the facility must serve sixteen (16) or fewer facility residents; 22 are proposed, for a variance of 6 residents. A public hearing was held on April 14, 2025.

 

Staff Recommendation: Denial, based upon findings 3, 4, and 6.

 

District Council Recommendation: No recommendation was received from District 9 - West 7th Street / Fort Road Federation.

 

Board of Zoning Appeals Decision: The Board of Zoning Appeals denied the request via a 5-0 vote based upon findings 3, 4, and 6.

 

Support: 0 people spoke, 0 letters received

 

Opposition: 0 people spoke, 1 letters received

 

Required Background Information

 

Does this issue fall within the 60 day rule?  Yes

 

If yes, when does the 60 days expire?   May 16, 2025

 

Has an extension been granted?  Yes

 

If so, to what date? July 15, 2025

 

Key Staff Contact

 

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

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