Title
Memorializing the City Council's August 20, 2014 decision denying the appeal by Pergola Investments, LLC, of a Planning Commission decision to approve a conditional use permit for office use at 390-394 Dayton Avenue.
Body
WHEREAS, on or about June 3, 2014, the St. Paul Domestic Abuse Intervention Project ("SPIP"), in PED Zoning File No. 14-293-465, duly applied for a conditional use permit ("CUP") to reuse a structure commonly known as 390 - 394 Dayton Ave, [PIN No's 012823210025 and 012823210026] and legally described as Kerns Addition to St Paul Ex S 22 Ft Lot 3 and 4 Blk 2 for office space pursuant to Leg. Code § 65.132 and a modification of Leg. Code § 65.132(e)'s petition requirement pursuant to Leg. Code §§ 61.501 and .502; and
WHEREAS, on July 1, 2014, the Planning Commission's Zoning Committee duly conducted a public hearing in accordance with the requirements of Leg. Code § 61.303 at which all persons present were given an opportunity to be heard and, at the close of the said hearing, the Zoning Committee recommended approval of the CUP and modification of the petition requirement; and
WHEREAS, on July 11, 2014, the Planning Commission, based upon all the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, and all the records, files, and reports, approved SPIP's CUP application and request to modify the petition requirements based upon the following findings of fact as set forth in Planning Commission Resolution No. 14-41 which is incorporated herein by reference:
"1. Leg Code § 65.132 lists five standards and conditions that must be met for reuse of a nonresidential structure in a residential zoning district.
a. The structure cannot be reasonably used for a conforming use. This condition is met. In 1995, the College of Visual Arts completely remodeled a two-story apartment building into a school building for its campus that included offices, art studio space, and a school librar...
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