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Resolution No. 134A-06
ems .. a ..,R, • RESOLUTION WHEREAS, Diane Maas applied for a variance from the requirements of R.C.O. Section 63.252 (1) as to the Site Location "A" standards of the R-2 Low Density Residential District for property located at 715 East Center Street; and, WHEREAS, this particular Site Location standard states as follows: In an Established Zoning District, uses may locate at the intersection of a collector street and a higher order street (street classifications are based on the Thoroughfare Plan) or at the intersection of two higher order streets. In the Developing District, uses may locate at the intersection of a major local street and a higher order street or at the intersection of two higher order streets; and, WHEREAS, the appellant seeks to modify the use of a two-unit duplex with an upstairs and downstairs apartment into a first floor office use with an apartment on the second floor. Both uses are an allowable use in the R-2 (Low Density Residential) Zoning District. The proposed use complies with all requirements for an office use in the R-2 Zoning District except for the requirement that an office use must be located at the intersection of a collector street and higher order street or at the intersection of two higher order streets. East Center Street is an Arterial and Seventh Avenue S.E., is a Residential Local according to the Thoroughfare Plan; •and, WHEREAS, the Planning Department staff recommended findings of fact indicating the requested variance to this location requirement does not constitute an exceptional circumstance, is not necessary to ensure adequate or reasonable use of the property and would cause a material detriment to the public welfare and the adjacent property owners; and WHEREAS, Section 60.417 of the Rochester Code of Ordinances provides the criteria by which a variance request is analyzed; and, WHEREAS, this matter came before the Rochester Zoning Board of Appeals at its February 1, 2006, meeting; and, WHEREAS, the Zoning Board of Appeals made the following findings of fact: 1. EXCEPTIONAL CIRCUMSTANCES: There would not appear to be any exceptional circumstances or conditions that apply to the applicant's property that may not apply generally to other properties in the same zoning district. The office and apartment use meet all of the requirements outlined in the City of Rochester Zoning Ordinance and Land Development Manual for the R-2 (Low Density Residential) Zoning District, however, the location restrictions are in place on certain types of permitted uses to insure their compatibility with surrounding land • uses. 2. REASONABLE USE: The granting of this variance does not appear to be necessary to allow for reasonable use of the applicant's property. The property could still be used as a duplex. 3. ABSENCE OF DETRIMENT: The granting of this variance request does appear to be materially detrimental to the public welfare and adjacent property owners, and would be detrimental to the intent and purpose of the City of Rochester Zoning Ordinance. 4. MINIMUM VARIANCE: The minimum variance that would be necessary to alleviate the alleged hardship would be a variance to the Site Location "A" Standards of the R-2 (Low Density Residential) Zoning District for an office use; and, WHEREAS, based on the above findings of fact, the Zoning Board of Appeals denied the variance request; and, WHEREAS, this matter was appealed to the Common Council and came before the Council at its March 6, 2006, meeting; and, WHEREAS, at the March 6th public hearing, the Council considered the information presented to it in its council agenda packet (attached hereto as Exhibit A), adopted the suggested findings of fact made the following findings of fact and, in addition, noted ,Appellant's that the lot in question was a very deep, large lot that abutted an existing commercial use; and, WHEREAS, the Council concluded that there were conditions that, if implemented, would cause the Appellant's request for a variance to satisfy the criteria of Section 60.417 and would entitle the Appellant to the variance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the City grant to Diane Maas a variance from the requirements of R.C.O. Section 63.252 (1) as to the Site Location "A" Standards of the R-2 (Low Density Residential) Zoning District for an office use. BE IT FURTHER RESOLVED that the Council's decision to grant the variance is subject to the following conditions: 1. There must not be any public foot traffic in and out of the office use; 2. There must not be any outward signage; 3. This variance will expire and terminate upon the sale or transfer of the building in question; and, 4. This variance will expire on March 6, 2007, unless the Council agrees to extend it • beyond that date. 2 BE IT FURTHER RESOLVED that the February 1, 2006, decision of the Zoning Board of Appeals is reversed and that a variance is granted to the Appellant consistent with the conditions of approval stated herein. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS /,97H DAY OF `YLW-b,( , 2006. PRESIDENT OF SAID COMMON COUNCIL ATTEST• ITY CLERK APPROVED THIS 77;y DAY OF l;406H , 2006. 4::�aag 4 g Ae MAYOR OF SAID CITY •(Seal of the City of Rochester, Minnesota) Zone0SVadanceRes.0602 3 ' REQUEST FOR COUNCIL ACTION MEETING DATE: 3/06/06 AGENDA SECTION: ORIGINATING DEPT: ITEM NO. PUBLIC HEARINGS PLANNING DEPARTMENT ITEM DESCRIPTION: PREPARED BY: Type III, Phase I(#06-02) Appeal of the Type III,Phase I (#06-02) Variance Denial Logan Tjossem February 22, 2006 Zoning Board ofAppeals Action: On February 1, 2006 the Zoning Board of Appeals denied a variance request of the applicant; Diane Moss, to allow a variance to the Site Location "A" Standards of the R-2 (Low Density Residential)Zoning District for an office use. The applicant requested a variance to Section 63.252 (1) of the Rochester Zoning Ordinance and Land Development Manual to the Site Location "A" Standards of the R-2 Low Density Residential District. All other requirements for an office use in the R-2 zoning district could be met except the site location criteria. The staff report was presented in support of a denial to the request with public testimony for and against the variance request. Council Action Requested.- Approve or deny the variance appeal by the applicant based on the original staff report and attachments submitted to the Zoning Board of Appeals at their February 1, 2006, meeting along with any and all new material submitted including pictures and letters dated received as February 151 h, 2006. Attachments: 1. Copy of Minutes of the February 1, 2006 Zoning Board of Appeals meeting. 2. Copy of Staff Report submitted to the Zoning Board of Appeals, dated January 251h, 2006. 3. Copy of new submittal materials including pictures and letters. Distribution: 1. City Administrator 2. City Attorney 3. Planning Department File 4. Applicant: This item will be considered by the Council sometime after 7:00 p.m. on Monday, March 6`', 2006, in the Council/Board Chambers at the Government Center, 151 SE 41h Street. OUNCIL ACTION: Motion by: second by: to: it t • RocilESTER-OLMSTED PLANNING DEPAiRTMENT .011.ROCHESTER.�y�NN 2122 Campus Drive SE,Suite 100•Rochester, MN 55904-4744 1C, Aso i nt.olmstedcouy.com/plannng � COUNTY OF www �'•. •,tpy - �.p �. NGR . 9 9TED•AUGUS�•5•P• TO: Rochester Zoning Board of Appeals FROM: Logan Tjossem, Planner DATE: January 25, 2006 RE: Variance (Type III, Phase I),#06-02 February 1, 2006,Board of Appeals Meeting Planning Department Review: APPLICANT: Diane Maas 715 E. Center Street Rochester,MN 55902 LOCATION OF PROPERTY: City Lands 107-14-36 STATE PLT, Rochester, Olmsted County, Minnesota. 1 •ZONING: R-2 (Low Density Residential) Zoning District. REFERRAL AGENCY COMMENTS: No Comments ANALYSIS: The applicant is proposing to modify a two unit duplex with an upstairs and downstairs apartment into a first floor office use with an apartment on the second floor. Both uses are an allowable use in.the R-2 (Low Density Residential) Zoning District. The lot itself is 12,000 square feet in size. The first floor of the existing dwelling has a square footage of 960 square feet and the second floor has a square footage of 760 square feet. The floor area of the proposed office is .o6 (six percent) which is approximately half of the maximum allowable floor area of an office use in the R-2 (Low Density Residential) Zoning District. Section 63.252 (1) — Site Location "A" Standards, of the City of Rochester Zoning Ordinance and Land Development Manual states that, "In an Established Zoning District, uses may locate at the intersection of a collector street and a higher order street (street classifications are based on the Thoroughfare Plan) or at the intersection of tivo higher BUILDING CODE 507/285-8345 • GIS/ADDRESSING/MAPPING 507/285-8232 • HOUSING/HRA 507/285-8224 ��..o•w, PLANNING/ZONING 507/285-8232 • WELL/SEPTIC 507/285-8345 FAX 507/287-2275 (� AN EQUAL OPPOR T UNITWAFFIRMATIVE ACTION EMPLOYER • order streets. In the Developing District, awes may locate at the intersection of a major local street and a higher order street or at the intersection of two higher order streets." The existing dwelling currently meets all of the requirements of the R-2 Zoning District Standards except the Site Location "A" Standards. As stated above an office use should be located at the intersection of a collector street and higher order street or at the intersection of two higher order streets. East Center Street is an Arterial and 71h Ave SE is a Residential Local according to the Thoroughfare Plan. The applicant requests the following: • A variance to the Site Location "A" Standards of the R-2 (Low Density Residential) Zoning District for an office use. The Planning staff suggested findings are: EXCEPTIONAL CIRCUMSTANCES: There does not appear to be exceptional circumstances or conditions that apply to the applicant's property that may not apply generally to other properties in the same zoning district. The office and apartment use meet all of the requirements outlined in the City of Rochester Zoning Ordinance and Land Development Manual for the R-2 (Low Density Residential) Zoning District, however, the location restrictions are in place on certain types of permitted uses to insure their compatibility with surrounding land uses. • REASONABLE USE: The granting of this variance request does not appear to be necessary to allow for the reasonable use of the applicant's property. The property could still be used as a duplex. ABSENCE OF DETRIMENT: The granting of this variance request does appear to be materially detrimental to the public welfare and adjacent property owners, and would be detrimental to the intent and purpose of the City of Rochester Zoning Ordinance. MINIMUM VARIANCE: The minimum variance that would be necessary to alleviate the alleged hardship would be a variance to the Site Location "A" Standards of the R-2 (Low Density Residential)Zoning District for an office use. Attachments: 1. Copy of Application 2. Copy of Applicant's Letter 3. Copy of Applicant's Proposed Site Plan 4. Copy of Site Location Map 5. Copy of Findings for a Variance Reviewed by: TYPL_ JI, PHASE I DEVELOPMENT APPt_..:ATION CITY OF ROCHESTER The undersigned hereby makes application for a Type III Development as regulated by Section 6.0.530 of the • City of Rochester Land Development M nual. NAME OF APPLICANT: ADDRESS OF APPLICANT: TELEPHONE NUMBER: (home) S,'!= /1477,!5- (work) FAX NUMBER e 03'tj E-MAIL (IF APPLICABLE) ADDRESS OF PROPERTY IF DIFFERENT THAN APPLICANT'S ADDRESS: SIGNATURE OF PROPERTY OWNER: . LEGAL DESCRIPTION:Z. , �/����/� D �4 � �' � TYPE OF APPLICATION.. s �� yy r - r r ' r Y y ,�r r ;(Please check approp��afe ❑ Type 111 phase I Conditional Useb j ` ,a z 3r E , � 4 T III Phase ❑ Type 11l Phase I Appeat f ` u ❑ Type711 Phase t Final Plat P ase � ❑ Other � � '� � REASON FOR APPLICATION: Please describe in detail if applicable) A, 444 7— 1ILJ — 6 DATE: Respectfully;Submitted, (Owner or Corporation) (Address) (Phone) Return Application to: Rochester—Olmsted Planning Department 2122 Campus Dr. SE,Suite 100 Rochester, MN 55904 DISTRIBUTION: FOR OFFICE USEONLY,r Planning Department: (white copy) ."Et�- Date Received l City Clerk: (canary copy) RECEIN. Received b Applicant: (pink copy) y :Application 176!t� cv , Form#:1920-30 Rev.2/6104 January 12, 2006 Olmsted Planning Department 2122 Campus Drive S.E. Suite 100 Rochester, Minnesota 55904 Attn: Logan Tjossem Re: 715 East Center Street Type III Phase I Variance I live at 707 East Center Street. I have recently purchased the adjacent.rental property at 715 East Center Street and am now in the final stages of the renovation project at the property. The property has two units-the main floor unit and an upstairs unit. The variance I am requesting pertains to the use of the main floor unit being leased as an office. The potenti 1 tenant is REM Health Inc., for use as an administrative branch office, (the corporate office is located in the Twin Cities). There would be 2-3 employees working out of the location on a daily basis Monday through Friday 8am-5pm. There would be no normal weekend use. Once a month,there could be a meeting of 4-6 employees. There would be no public foot traffic in and out of the office. All criteria for this usage are met,with the exception of the site location criteria. While East Center Street is a major street,the property does not sit on a corner. However, the lot is 200 feet deep and meets Neitz Electric on the north boundary. The REM Health Inc. administrative office would be an asset to the neighborhood profile and I ask for the requested variance. Thank you for your consideration. Sincerely, RECEIVED Diane Maas, Owner LAIN s J ROCHES T En-c- T ��' Nietz Electric PropertyT Dietz Electric Property . Parking Area 200' Driveway 12' 25' �. Privacy Fence 6' Cedar SU' i 25' j 715 East Center Street RECEIVED Driveway ANI 1 % 2006 ROCrE TER 'v S i CD / 60' North ^ East Center Street UNIT 1 Square Footage 797 17' 127s .ft ' � q 5' �p Bsmnt Access 0 149sq.ft `V • 1 40sq.ft 00 13' 120sq.ft. 205sq.ft 10, Foyer/Stairs to 156sq.ft. Second Floor RECEIVED RRHESTE 715 East Center Street North n East Center Street NOT TO SCALE tu variance 2006-02 Site Location Map 3 ST NE 2STNE 715 East Center Street III , N y N N �I a tu a a a 1 ST SE W fA W Q o - • N Oimsted County.s not responsible 1o1-1-ons or errors contained here,n,If discrepant es are found within this map,please notify 5 ��. the GIS Owswn,Rochester Olmsted County Planning Department,2122 Campus Cnw SE.Rochester,MN 55904,(507)285.8232. , 66 Page 1 of 2 . 60.417 Findings for Variances: In taking action on a variance request,the approval authority shall make findings supporting the decision based on the following guidelines Subdivision 1. The approval authority may grant a variance to the provisions of this ordinance if it finds that: A. there are extraordinary conditions or circumstances,such as irregularity, narrowness,or shallowness of the lot or exceptional topographical or physical conditions which are peculiar to the property and do not apply to other lands within the neighborhood or the same class of zoning district; B. the variance is necessary to permit the reasonable use of the property involved; C. the variance will not be materially detrimental to the public welfare or materially injurious to other property in the area, is in harmony with the general purpose and intent of this ordinance;and; D. the variance as granted is the minimum necessary to provide reasonable economic use of the property. • The extraordinary conditions or circumstances shall be found not to be the result of an action by the applicant or property owners who have control of the property. In addition,the approval authority shall find that development of the parcel in question cannot be integrated with development of adjacent parcels under the same ownership in such a manner so as to provide for the reasonable economic use of the total site in a manner consistent with the provisions of this ordinance. Subd.2. The Board may grant a variance to the literal provisions of this ordinance if it finds that: A. There has been substantial and detrimental reliance in good faith by an applicant who has received a permit or certificate issued in error by the administrative official charged with enforcement of this ordinance,and B. the mistaken issuance of the certificate or permit is not the result of an action on the part of the applicant,the property owner,or any other person or party who has had control of the property,to provide misleading or incorrect information,or to knowingly withhold information necessary for the administrative official to accurately review the permit or certificate request. Subd. 3. The Board shall under no circumstances grant a • variance that will allow a use otherwise not permitted within the zonine district or any variance of the elevation or levels for flood protection Subd.4. In granting a variance, the zoning administrator t-Ittn•/Aimmi /)n le)nn: j February 7, 2006 Olmsted Planning Department 2122 Campus Drive S.E. Suite 100 Rochester, Minnesota 55904 Attn: Logan Tjossem Re: 715 East Center Street Type III Phase I Appeal I am writing this letter as a follow-up to my letter of January 12, 2006 (attached). With these letters, I am asking the Council to grant the site location variance with the stipulations that usage include a low-profile, unobtrusive business with no public foot traffic in and out and no outward signage. REM Health Inc. administrative office usage referred to in my original January 12t' letter would be in compliance with these stipulations. In further support of this variance being so-granted, it is to be noted that the Future Land • Use Plan for this property shows it to be zoned Medium Density Residential (R-3); I believe it was also previously zoned R-3 prior to 1999. R-3 zoning allows for this type of office use. This stipulated variance would be in accordance with neighborhood concerns; I have included letters of support from adjacent neighbors and from the Eastside Pioneer Neighborhood Association, along with some"before" and "after"pictures. I invite all parties concerned to take a tour of this property, so as to see how beneficial the home and usage would be to the neighborhood. It is easier to make a sound decision when you have actually seen the property. If you would like to view the property at a particular time,please call me at 285-1975, or I will contact you to arrange a site visit. i I look forward to working with you and with our neighborhood. Sincerely, Diane Maas, Owner • January 12, 2006 Olmsted Planning Department 2122 Campus Drive S.E. Suite 100 Rochester, Minnesota 55904 Attn: Logan Tjossem Re: 715 East Center Street Type III Phase I Variance I live at 707 East Center Street. I have recently purchased the adjacent rental property at 715 East Center Street and am now in the final stages of the renovation project at the property. The property has two units-the main floor unit and an upstairs unit. The variance I am requesting pertains to the use of the main floor unit being leased as an office. • The potenti4l tenant is REM Health Inc., for use as an administrative branch office, (the corporate office is located in the Twin Cities). There would be 2-3 employees working out of the location on a daily basis Monday through Friday 8am-5pm. There would be no normal weekend use. Once a month, there could be a meeting of 4-6 employees. There would be no public foot traffic in and out of the office. All criteria for this usage are met, with the exception of the site location criteria. While East Center Street is a major street,the property does not sit on a corner. However,the lot is 200 feet deep and meets Neitz Electric on the north boundary. The REM Health Inc. administrative office would be an asset to the neighborhood profile and I ask for the requested variance. Thank you for your consideration. Sincerely, Diane Maas, Owner I � F.'✓,--. E_i C'_" 7cam e III Phase I Varia ce Request#06 02 b Diane Maas YPY EXCEPTIONAL CIRCUMSTANCES: • ...the location restrictions are in place on certain types of permitted uses to insure their compatibility with surrounding land uses. Property Location—715 East Center Street: South Side of Center Street: 1. Large apartment complex at the corner of 71h Avenue and Center Street. 2. Buffingham Square (multiple ownership units) 704 East Center Street. 3. City of Life Outreach Center, at the corner of 8th Avenue and Center Street. 4. Boy's & Girl's Club at 10th Avenue and Center Street North Side of Center Street: 5. Honker's Field,403 East Center Street. 6. Town Hall Estates, in the 600 block of East Center Street. 7. Condemned Property, 621 East Center Street. 8. The Rochester Cemetery Association Office, 41 7th Avenue N.E. Northern Boundary of Property: Nietz Electric Railroad • Cemetery Western Boundary of Property: 3-Plex, 707, 709, 711 East Center Street,Diane Maas Owner, occupied as single family. Nietz Electric Railroad Cemetery Eastern Boundary of Property: Duplex, Gene Gorman, owner occupied. Nietz Electric Railroad Cemetery See Site Location Map RECEIVED r EB 1 2r UU00 R0CrEET=R-C_"STED II • I Varian-ce 2006-02 Site Location Ma W RECEIVED 3STNEC _ r FEB 15 2006 i I 1 l El V ROCHESTER-WASTE i r' ^_NNING DEPART%IEN i ! i 1 j i i 2STNE 4 715 East Center Street - Z' . 1 hour •{ I w co�� ��x �, .tea ; W W N r (s N u , y > llJ W w 1 d a a a cn LLLb f ... .- ._- - 1 ST SE .. i j 1 f --7 y W Q I 1 i I I L i • N i�n51lp COY t i5 001 lesp se.101pmmm—0/N.Or1 Cpnl3iMp herein,;(piSplepa00lS dR tO�IG wit,m Ina .3e `•'�^'no Gis Jirs.pn,P.xrgier-Olmsup c—Ty Plenpmq 6el ..'tmen[5122 Camous 0—SE.Ro esjw MN:SSG:,(507,RE S Type III, Phase I, Variu.,ce Request#06 02 by Diane Maas 17. E� REASONABLE USE: FEg 1 5 2-006 • ...for reasonable use of the applicants property. The property coul r OLMSYED duplex. Yes, the property can still be used as a duplex. However, rental conditions in our area have deteriorated. "FOR RENT" signs on the lawns have become common every month. This makes for high turn-over and problem rental units with"drug houses" becoming more prevalent. A "drug-house"was recently vacated at 710 East Center Street across the street. Two rental properties, 816 and 826 East Center Street are for sale at this time; they find it is difficult to find quality renters. Therefore, an office in one unit of the duplex would only improve the profile of the immediate neighborhood. ABSENCE OF DETRIMENT: ...does appear to be materially detrimental to the public welfare and adjacent property owners. 1. "Iiaterially" This property has been completely renovated inside and outside and has great"curb appeal"-an asset to the neighborhood. *See Photos Before &After. 2. "detrimental to the public welfare-traffic" The entire duplex requires 5 parking places; 3 of these 5 are designated for the first floor office. All 5 parking places are located to the rear of the building. Town Hall Estates has recently been approved for 66 units with car traffic entering & exiting via 7th Avenue and Center Street. Their traffic far exceeds our"3-car"requirement. Town Hall Estates is also not located on a corner but sits in the middle of a long block. 3. "detrimental to adjacent property owners" Adjacent property owners have given enthusiastic support of the variance with the following endorsements: 1. Roy Sutherland 403 East Center Street, Letter to Approve. 2. Nietz Electric- 30 7ch Avenue N.E., Letter to Approve. 3. The Rochester Cemetery Association, 417 Ave N.E., Letter to Approve 4. Dale Maass, 7`h Avenue N.E., Signature to Approve Type III, Phase I, Variance Request#06-02 by Diane Maas 5. Larry&Debbie Paulson- 12 71h Avenue N.E., Support Approval (out of town.) 6. Allison Maas- 16 71h Avenue N.E., Support Approval (out of town.) 7. Chris Adamson- 24 7`h Avenue N.E., Support Approval (out of town.) 8. Variance Request- Petition to Approve 10 Properties-Signatures, as Listed. RECEIVED MINIMUM VARIANCE FEB 15 2006 a variance to the Site Location"A" Standards. ROCHESTER-OL;'STED r • I met all the requirements for an office use except the last, site location. East Center is a major artery for police vehicles and ambulances and provides major traffic &parking needs for the Civic Center and Honker's Stadium public events. However, my property is not on a corner, but does sit on a large lot of 12,000sq./ft. (Lot is 60' x 200') allowing for ample rear parking. Town Hall Estates, likewise does not sit on a corner,but was recently approved. (I further understand that the Zoning Administrator or Board may impose reasonable& • appropriatelconditions & safeguards.) Detrimental to the Neighborhood is, for example: -a drug house across the street or next door. -police with guns drawn on the house next door. -a condemned property sitting vacant for years in the 600 block of East Center Street. -illegal long-term"on-street"parking. -the potential for violence next door so worry some you cannot sleep comfortably. -the run-down condition of the property (715 E. Center) "before". -drug traffic in the area on foot and in vehicles. To renovate and take back a neighborhood, it is done "one house at a time". We cannot control who the next owner will be whether it be for an office space, a rental property, or a single family, owner occupied residence. We need to look at what "will" work and not what "won't"work. Also, there have been no modifications to the structure to accommodate an office-it is finished as a 2-bedroom unit. If people see property being improved, being well cared for and properly managed, the neighborhood will only benefit and prosper. The enthusiastic supportfrom the surrounding& adjacent property owners, indicates • they strongly believe granting this variance would be beneficial and not detrimental to us all. We all believe in the integrity of our area. 3 RECEIVED FEB 15 2006 ROCHESTER-CLYSTED f' 1NNNG"—cce�T�ic•�- January 30, 2006 Rochester Zoning Board of Appeals RE: Type III, Phase I, Variance Request#06-02 To Whom It May Concern: Over the years, I have been amazed at what Diane Maas has accomplished with the renovation of the homes on the corner of Center Street & 7t' Avenue. The rehab of these homes is truly amazing. They have become such an asset to the neighborhood. • The renovation of the home located at 715 East Center Street SE will also benefit the neighborhood and the community. With the adage one house at a time, restoring this house to its former condition can only help the revitalization of that area. The Park & Recreation Department with our extensive complex at 403 East Center Street is just as concerned about what occurs throughout that neighborhood as anybody. The Maas's are to be applauded for what they are doing to revitalize a small section of Center Street. Sinc?,rely, Roy Sutherland • ,;s E-an ::nrliur�t 1-31-06 Rochester Zoning Board of Appeals Re: Type III, Phase I, Variance Request#06-02 To Whom It May Concern: Please do whatever is necessary to allow the Maas's to renovate the house in question into an Office Space. The work they have done to help clean up our neighborhood has been absolutely terrific. I am sure you are aware that the previous tenants were somewhat less than model citizens and a low density, low traffic office would certainly be an asset to the area. We would like to see this project move forward in a timely manner and wholeheartedly endorse it. . Sincerely, 1 Timothy J. Fisc er President RECEIVED FEB i 5 2006 ROCHESTER-OLMSTED • Nietz Electric, Inc. Mailing Address: PO Box 1148 Rochester,MN 55903-1148 Shipping Address:,30 NE T"Avenue Rochester MN 55906 P:507.289.4522 1 F:507.280.0599 An Equal Opportunity Employer t J `�: °`+ •s, Operating Oakwood Cemeteries !, �✓ `� 4 � OFFICE 41 -7th Ave.N.E. Rochester,Minnesota 55906 JANUARY 30 . 2006. Phone 507-282-1608 Fax 507-282-6381 ROCHESTER ZONING BOARD OF APPEALS RE: TYPE III, PHASE I, VARIANCE REQUEST ##06-02 TO WHOM IT MAY CONCERN: PLEASE RECONSIDER THE MAAS ' S REQUEST TO RENOVATE THE HOUSE INTO AN OFFICE. . .ANYTHING THAT CAN BE USED FOR AS A DETERRENT FOR THE DRUG DEALERS ON THE EAST SIDE, SHOULD BE CONSIDERED! OAKWOOD CEMETERY IS CONCERNED ABOUT THE NEIGHBORHOOD, AND WHO WE HAVE FOR NEIGHBORS ! WE APPLAUD THEIR EFFORTS ! SINCERELY DONNA MC PHERRAN EXECUTIVE ASSISTANT OAKWOOD CEMETERIES 41 7TH AVE N.E. ROCHESTER, MN 55906 RECEIVED FEB 1 5 0006 ROCHESTER-OLMSTED t %N tiG:�_C-ARTVEl,-r The Rochester Cemetery Association is a nonprofit cemetery association governed by a board of trustees. ROCHESTER ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING • Notice is hereby given that the Rochester Zoning Board of Appeals will hold a public hearing at 7:00 p.m. on Wednesday, February 1, 2006, in the Council/Board Cham RECEIVED of the Government Center, located at 151 4th Street SE, Rochester, MN to consider he following: FEB 15 2006 TjTe III, Phase I, Variance Request#06-02 by Diana Moss for the Site Locati n ROCHESTER-our.+_ ED Standards of an office use in rrrz R-2 (Low Density Residential) 7.oning Distric '�"'"---- �Tf The existing use is a two level duplex, which is located at 715 E Center St SIV All interested persons are invited to attend or submit written continent on this matter. As they become available, agendas, staff reports, and minutes pertaining to this item will be- posted on the Planning Commission's website at: http://www.co.olnisted.i-nn.Lis/index.php?loc=l 002 Logan Tj_ossem, Planner Rochester-Olmsted Planning Department Phone: (507) 285-8232 r , f 1 ©I- ay- v � 14 � � ssta� 1 r 7 � �1/1�� ��� �� :�,�fl��s� ��' y r UvL�S �- Mr. Logan Tjossem January 31,2006 . Planner Rochester Zoning Board of Appeals 2212 Campus Drive SE, Suite 100 Rochester,MN 55904-4744 Dear Mr. Tjossem: The Eastside Pioneers Neighborhood Association(ESPNA)applauds the efforts of Ms.Diane Maas and her family to renovate and preserve homes within our association. One such house, owned by Ms.Maas, located at 715 East Center Street,has undergone a major renovation. She transformed this once dilapidated house into an attractive, appealing, neighborhood structure. The aforementioned home is the subject of a site variance hearing now before the Rochester Zoning Board of Appeals. The ESPNA is hopeful that one day more people like the Maas family will step forward to renovate many of the unique, older, affordable, single family residential homes in our neighborhood. The ESPNA envisions that someday, in the very near future, we will see the establishment of a Center City Neighborhood Redevelopment Corporation. Older city neighborhoods, such as the ESPNA,would then be eligible for large scale financial incentives, such as Federal and State grants and loans to aid those who would be willing to undertake the renovation of the neighborhood's older affordable homes.This would promote the revitalization of our neighborhood through the preservation and renovation of many of our single family residential homes. Our neighborhood association was established to preserve and protect the integrity of our small working class, single family residential neighborhood. This is our foremost concern. We appreciate the efforts of both the Maas family and the city of Rochester Zoning Board of Appeals in their efforts to help us preserve our neighborhood. While a variance request puts our residential neighborhood goal at risk,perhaps something less permanent,non-transferrable, might be a more acceptable solution.The proposed use of the house for a small business is not a problem from our perspective,provided that it remain small and does not infringe on the residential nature of the neighborhood. We have some concern about setting precedents that would result in loss of control of the quiet residential nature of our neighborhood,and would look to Planning and Zoning for their advise on how this request might be accomodated within that vision of the neighborhood.To ensure that the ESPNA remains an affordable, single family, residential neighborhood, it is our desire to see that any improvements that are proposed now or in the future, for the renovation of homes and/or properties are carried out within the parameters of the city of Rochester's planning and zoning ordinances and have the approval of the Zoning Board of Appeals. Sincerely, I Michael J. LaPlante President RECEIVED Eastside Pioneers Neighborhood Association 1143 3 iz St SE FEB 15 2006 Rochester,MN 55904 ROCHESTER OLMSTEO ROCHESTER ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING • Notice is hereby given that the Rochester Zoning Board of Appeals will hold a public hearing at 7:00 p.m. on Wednesday, February 1, 2006, in the Council/Board Chambers of the Government Center, located at 151 4th Street SE, Rochester, MN to consider the following: Type III, Phase I, Variance Request#06-02 by Diana Moss for the Site Location Standards of an office use in an R-2 (Low Density Residential) 7.oning District. The existing use is a tfpo level duplex, which is located at 715 E Center St SIV All interested persons are invited to attend or submit written continent on this matter. As they become available, agendas, staff reports, and minutes pertaining to this item will be posted on the Planning Commission's website at: http://www.co.omsted.mn.us/index.php?loc=1002 RECEIVED Logan Tjossem, Planner Rochester-Olmsted Planning Departmei it FEB 15 20-05 Phone: (507) 285-8232 ROCHESTER-OLMSTED f' 'NNING.OEFARTVENT T c Ci, r I ©I- ay- o 6 T OTC"V-- � X 56- 7 14 ; 7Z4 - �� /�a1� �� 1-�11;s c�� ��� y ►= Cet�� � fi • January 30, 2006 Rochester ZoningAppeals Board of App s RE: Type III,Phase I, Variance Request#06-02 To Whom It May Concern: Over the years, I have been amazed at what Diane Maas has accomplished with the renovation of the homes on the corner of Center Street & 71h Avenue. The rehab of these homes is tr4ly amazing. They have become such an asset to the neighborhood. The renovation of the home located at 715 East Center Street SE will also benefit the neighborhood and the community. With the adage one house at a time, restoring this house to its former condition can only help the revitalization of that area. The Park &Recreation Department with our extensive complex at 403 East Center Street is just as concerned about what occurs throughout that neighborhood as anybody. The Maas's are to be applauded for what they are doing to revitalize a small section of Center Street. Sinc rely, Roy Sutherland FcRECEI`'ED FFB 15 2006 _ - �D An E;r.n C(In pan% • 1-31-06 Rochester Zoning Board of Appeals Re: Type III, Phase I, Variance Request#06-02 To Whom It May Concern: Please do whatever is necessary to allow the Maas's to renovate the house in question into an Office Space. The work they have done to help clean up our neighborhood has been absolutely terrific. I am sure you are aware that the previous tenants were somewhat less than model citizens and a low density, low traffic office would certainly be an asset to the area. We would like to see this project move forward in a timely manner and wholeheartedly endorse it. • Sincerely, 2�.�� Timothy J. Fisc er President RECEIt'EB FEB 1 52000 ROC-ESTER .__O • Nietz Electric, Inc. Mailing Address: PO Box 1148 Rochester,MN 55903-1148 Shipping Address:130 NE T°Avenue Rochester MN 55906 P:507.289.4522 I F:507.280.0599 An Equal Opportunity Employer _•y� +•�, 57P/ ti enwmwy Operating Oakwood Cemeteries 40 OFFICE 41 -7th Ave.N.E. Rochester,Minnesota 55906 JANUARY 3 0 . 2 O O 6 Phone 507-282-1608 Fax 507-282-6381 ROCHESTER ZONING BOARD OF APPEALS RE: TYPE III, PHASE I, VARIANCE REQUEST #06-02 TO WHOM IT MAY CONCERN: PLEASE RECONSIDER THE MAAS ' S REQUEST TO RENOVATE THE HOUSE INTO AN OFFICE. . .ANYTHING THAT CAN BE USED FOR AS A DETERRENT FOR THE DRUG DEALERS ON THE EAST SIDE, SHOULD BE CONSIDERED! OAKWOOD CEMETERY IS CONCERNED ABOUT THE NEIGHBORHOOD, AND WHO WE HAVE FOR NEIGHBORS ! WE APPLAUD THEIR EFFORTS ! SINCERELY' • DONNA MC PHERRAN EXECUTIVE ASSISTANT OAKWOOD CEMETERIES 41 7TH AVE N.E. ROCHESTER, MN 55906 RECEI' ED FEB 15 2� 5 r, •NNti • The Rochester Cemetery Association is a nonprofit cemetery association governed by a board of trustees. • Mr. Logan Tjossem January 31,2006 Planner Rochester Zoning Board of Appeals 2212 Campus Drive SE, Suite 100 Rochester, MN 55904-4744 Dear Mr.Tjossem: The Eastside Pioneers Neighborhood Association(ESPNA)applauds the efforts of Ms. Diane Maas and her family to renovate and preserve homes within our association. One such house, owned by Ms. Maas, located at 715 East Center Street, has undergone a major renovation. She transformed this once dilapidated house into an attractive, appealing, neighborhood structure. The aforementioned home is the subject of a site variance hearing now before the Rochester Zoning Board of Appeals. The ESPNA is hopeful that one day more people like the Maas family will step forward to renovate many of the unique, older, affordable, single family residential homes in our neighborhood. The ESPNA envisions that someday, in the very near future, we will see the establishment of a Center City Neighborhood Redevelopment Corporation. Older city neighborhoods, such as the ESPNA, would then be eligible for large scale financial incentives, such as Federal and State grants and loans to aid those who would be willing to undertake the renovation of the neighborhood's older affordable homes.This would promote the revitalization of our neighborhood through the preservation and renovation of many of our single family residential homes. • Our neighbo;hood association was established to preserve and protect the integrity of our small working class, single family residential neighborhood. This is our foremost concern. We appreciate the efforts of both the Maas family and the city of Rochester Zoning Board of Appeals in their efforts to help us preserve our neighborhood. While a variance request puts our residential neighborhood goal at risk,perhaps something less permanent,non-transferrable, might be a more acceptable solution.The proposed use of the house for a small business is not a. problem from our perspective, provided that it remain small and does not infringe on the residential nature of the neighborhood. We have some concern about setting precedents that would result in loss of control of the quiet residential nature of our neighborhood, and would look to Planning and Zoning for their advise on how this request might be accomodated within that vision of the neighborhood. 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'a T9E,CZ C I .(yFj�- .a, t✓ i a t � _ ;,jn �.. r �� :.e.� �,ar�ty P f. P 3l ( }• Y • � C Y s A �J w � .ref•' .9.'Yk .»f _ 'P� �rfo t.✓ •t t x ��. �.� � .✓*r" :� {9 n�..� �s'".i'Ns � �t.3K ri„�`;�' ..� w A V .1}^".r .�N'1 ..l fY•.^..( ✓a.- At �+. ;. h 4O; r l z l S-tz"r MS••f -74 x4go•� :' ' SM . r r -+w•"",� f t y z o�.,Q.,,}�t3�,� �r�-=;�,�a<�'++�x, � +�. �5' �.. �.*;;r t .� ~��..—.� 't� �"iSL'�—•s �_ '_ y'�MJ "3e�%e? Y r i r�.7�,}+.wool, A..�•� r ..r vi�3^-_ � ,},c S.rY `t,at �' � l'�.�" � �� �i..�'L� �r3b.r.ray ""a.c,.•� 3 �4y � � _ -Y�� _ 5-: y. Page 3 City,of Rochester Zoning Board of Appeals Hearing Date: February 1, 2006 Mr. Ohly stat d that the Board needs to focus on subdivision 2 of the Ordinance and determine whe er Staff made a mistake. Mr. Mundt stated th the information provided to Staff was no re or no less than what is typically provi on site plans. He believed that th pplicant was not malicious in withholding i ormation. Mr. Ohly moved to approve dance request# -01 by Gary Olson based on Findings of a Variance', Section 0.417,the ning`Certificate'was'issued in error by the Planning Staff. Mr. Ryan and the motion: The motion carried 4-2. Mr. McGuine mad/en n . ublic hearing. Mr. Ohly seconded the motion. Mr. Atkinson asked his father in rmed the applicant of the problem. Mr. Nigbur replied t05, Building Saf was informed about the issue. Mr. Atkinson notedty knew about the pro,lem for four months and allowed the appli nt to continue. • Mr. Mundt , sed the public hearing. Type III, Phase I, Variance Request#06-02 by Diane Maas for the Site Location ` Standards of an office use in an R-2 (Low Density Residential) Zoninq District. V^ The existing use is a two level duplex, which is located at 715 E Center St SW. Mr. Tjossem presented the staff report, dated January 13, 2006, to the Board. The staff report is on file at the Rochester-Olmsted Planning Department. Mr. Ohly stated that he will abstain from voting on this variance. Mr. Tjossem informed the Board that a zone change was made in 1999, from R-3 to R- 2, because the neighborhood association asked for the change. Mr. Mundt open the public hearing. Mr. Tyler Maas, son of Diane Maas, addressed the Board. He handed out pictures to the Board depicting the improvements Ms. Maas had done to the property in question. Ms. Diane Maas, applicant, (residing at 707 E Center Street, Rochester MN 55904) addressed the Board. She made note of the immediate neighbors such as drug • dealers, condemned property for years, other multi-housing units and businesses. The business, for which she is asking a variance, would be strictly administrative work by three women. Page 4 City,of Rochester Zoning Board of Appeals Hearing Date: February 1, 2006 Mr. Joe Guyse (residing at 7340 County Road 19 SE, Rochester, MN 55904) addressed the Board. He stated that he owned two pieces of property: One located at 807 E Center Street and the other at 15 8th Ave SE. He is against the requested variance. Ms. Jeanette Stiftar (residing at 803 East Center Street, Rochester, MN 55904) addressed the Board. She concurred with Mr. Guyse. Mr. Brian Feight (residing at 29 8th Avenue SE, Rochester, MN 55904) addressed the Board. He concurred with Mr. Guyse. Mr. Tim Ellinghuysen,(residing at 25 8th Avenue SE, Rochester, MN 55904) concurred with Mr. Guyse. Mr. Mundt closed the public hearing. Mr. Mundt reminded the Board of the findings and to address the findings. Mr. McGume moved to deny variance request.#06-1 by Diane Maas based on Staff findings: Mr .Haslet' seconded the Ohl motion The motion carried 3 2 with Mr y abstaining y • f, EXCEPTIONAL CIRCUMSTANCES There does not appear to be exceptional circumstances or.condit�ons that applyto the applicant's property that may, not apply generally to `other properties°An the same zoning tlis tnct The office `and apartment use meet all, of the requirements outlined ,'.in the City of Roc ester. Zonmg.,Ordm'ance;;° and -Land Development :Manual for the R 2 (Low Density Residential) Zoning District, however, rthe location restrictions 'are in ',place b:n certain types of permitted uses to insure`their compatibility with surrounding land use REASONABLE USE The granting of this variance request does not appear,to be; .necessary to',allow for: the, reasonable use of;the applicant's property y .The property,"could still`be used as a'°duplex. ABSENCE OF DETRIMENT: The granting of this variance request does appear to be materially"detrimental to the public welfare and adjacent property owners';`and, would be detrimental tothe intent and p' urpose of the'City',of Rochester Zoning Ordinance. Type III Phase I Variance Request #0 bv Peter Crowley for the encroachment of a dwelling into the allowable minimuiksum of side yard setbacks associated • �1 • Mayor Ardell F. Brede March 6,2006 2014"St SE Q Rochester, MN 55904 ` U Dear Mayor Brede, The Eastside Pioneers Neighborhood Association(ESPNA)supports the decision of the Rochester Zoning Board of Appeals to deny the requested variance,number#06-02,to site location criteria for an office use located in the R-2 (low density residential)zoning district. The property in question is owned by Ms.Diane Maas and is located at 715 East Center Street, within the Eastside Pioneers Neighborhood Association. The ESPNA was established to preserve and protect the integrity of our small working class neighborhood. This is our foremost concern. The majority of our neighborhood association is zoned R-1,R-2, low density residential. We have worked hard to make it that way and our goal is to keep it that way.The whole appeal of our neighborhood is the small town flavor of our unique cluster of early 20d century homes.This is where families have come in the past,and will continue to come in the future,to live and to recreate together, in a location close-by, but distinctly separate from,the downtown business district. We appreciate the efforts of the Maas family to renovate homes within our neighborhood. But we are concerned about setting a precedent which conflicts with zoning standards and may make. such standards unenforceable with future developments.For that reason we agree with the decision of the city of Rochester Zoning Board of Appeals. • In order to ensure that the Eastside Pioneers Neighborhood Association remains an affordable, single family,residential neighborhood, it is our desire to see that proposed improvements for the renovation of homes and/or properties are carried out within the parameters of the city of Rochester's planning and zoning ordinances and have the approval of the Zoning Board of Appeals. Sincerely, ` Michae J. LaPlante President Eastside Pioneers Neighborhood Association . 1143 3 1/2 St SE Rochester,MN 55904 mjl cc: Mayor,Rochester City Council,City Administrator,City Planner • • Type III, Phase I, Appeal 406-02 March 6, 2006 ANALYSIS: (Staff Report—January 25. 2006) The applicant is proposing to modify a two unit duplex... I need to emphasize that there are absolutely no modifications being made to this property to accommodate an office. There will be no changes made before or after; REM is proposing to rent a 2-bedroom apartment. To return from this office lease back to a residential lease will be as automatic a transition as if two residential tenants were changing occupancies. Also, it should be noted that the building has a front exterior porch entrance which will have a keypad lock on the interior door, as well as 2 intercoms-one for each unit. This will provide a"secured" entrance. Past this secured entrance door is a foyer with an inside stairway to the locked second floor unit and a locked door to the first floor unit. This foyer will display plants and paintings. The first floor unit will additionally have its own rear side door entrance,which will be next to the parking spaces. This entry • arrangement has not been, nor will need to be,modified for an office use. The ANALYSIS also states that I am utilizing approximately half of the allowable floor space for this R-2 office use; I am using 6% of lot and I could still qualify at 12%. FINDINGS FOR VARIANCE: To allow office use in an R2 zoning district, there are several provisions to be met; I meet all the provisions listed with the exception of"site location,"(a corner location). However, I want to emphasize the provisions that are in compliance with this because they are not easily met by an ordinary lot. Under Subdivision 1,there are four conditions that are to be considered in granting a variance. .60 Pit&e 1 of 2 6 0.417 , Findings for Variances: In taking action on a variance n e request, the approval authority shall make findings supporting the decision based on the following guidelines Subdivision 1: The approval authority may grant a variance to the provisions of this ordinance if it finds that: A. there are extraordinary conditions or circumstances,such as irregularity, narrowness,.or shallowness of the lot or exceptional topographical o hysical condit;ons which are culiar ro the oroperty and do noppJ to oth r lands within the neighborhood or the same class of zoning district; B. the variance is necessary to nerrnit the rengnnghle„q..of the property involved; ' C. the variance will n_ of be`m�te de al to the nublic �vf�rP�or mi (]vurio�t to oth orooerty in the area, is in harmony•with the general purpose and intent of this ordinance;and; D. •the variance as granted'is the minimum necessary to wide reasonable P�r,n.,.,,.,. of the property. The extraordi ary conditions or circumstances shall be found not • to.be the result of an action'by the applicant or property.owners who have control.of the property. In addition,the approval authority shall find that development of the parcel in question cannot be integrated with development of adjacent parcels under the same ownership in such a manner so as to provide for the*reasonable economic use of the total site in a manner consistent with the provisions of.this ordinance. Subd.2. The Board may grant a variance to the literal ' provisions of this ordinance if it finds that: 'A. There has been substantial and detrimental reliance in good faith by an applicant who has received a permit or . certificate,issued in error by the administrative official charged with enforcement of this ordinance,and B: the mistaken issuance of the certificate or permit is not the result of an action on the part of the applicant,the property owner,or any other person or party who has had control of the property, to provide misleading or incorrect information,or to knowingly withhold information necessary for the administrative official to accurately review the permit or certificate request. Subd. 3. The Board shall under no circumstances grant a variance that will allow'a use otherwise nor permitted within the zoning district or any variance of the elevation or levels for flood protection Subd.4. - In granting a variance,the zoning administrator .f • Type III, Phase I, Appeal #06-02 March 6, 2006 ANALYSIS: (Staff Report—January 25. 2006) The applicant is proposing to modify a two unit duplex... I need to emphasize that there are absolutely no modifications being made to this property to accommodate an office. There will be no changes made before or after; REM is proposing to rent a 2-bedroom apartment. To return from this office lease back to a residential lease will be as automatic a transition as if two residential tenants were changing occupancies. Also, it should be noted that the building has a front exterior porch entrance which will have a keypad lock on the interior door, as well as 2 intercoms-one for each unit. This will provide a"secured"entrance. Past this secured entrance door is a foyer with an inside stairway to the locked second floor unit and a locked door to the first floor unit. This foyer will display plants and paintings. The first floor unit will additionally have its own rear side door entrance,which will be next to the parking spaces. This entry • arrangement has not been, nor will need to be,modified for an office use. The ANALYSIS also states that I am utilizing approximately half of the allowable floor space for this R-2 office use; I am using 6% of lot and I could still qualify at 12%. FINDINGS FOR VARIANCE: To allow office use in an R2 zoning district, there are several provisions to be met; I meet all the provisions listed with the exception of"site location,"(a corner location). However, I want to emphasize the provisions that are in compliance with this because they are not easily met by an ordinary lot. Under Subdivision 1,there are four conditions that are to be considered in granting a variance. • .60 Pale 1 of 2 60 .417 1 Findings for Variances: In taking action on a �varia c n .,request,the approval authority shall make findings supporting the decision based on the following guidelines r: Subdivision 1: The approval authority may grant a"variance to the provisions of this ordinance if it finds that: A. there are extraordinary conditions or circumstances,such as irregularity,narrowness,.or shallowness of the lot or exceptional topographical o hysical cond high grP peculiar to the property and do noL9pply to other lands s within the neighborhood or the same class of zoning district; B, the variance is necessary to permit the revs nabli,us of the property involved; C. the variance willnot be materially deSrimenlal to the_, public S3LGIf�►[tv.WC.W1tP�R�11Y r no�s to otfier orooertv'in the area, is in harmony-with the general purpose and intent of this " ordinance;and; D. -the variance as granted'is the minimum necessary to �twide reasonable rr�nnn,.r of the property. The extraordinary conditions or circumstances shall be found not ® to.be the result of an action-by the applicant or property.owners who have control.of the property. In addition,the approval authority shall find that development of the parcel in question cannot be integrated with development of ' adjacent parcels under the same ownership in such a manner so as'. to provide for the'reasonable economic use of the total site in a manner consistent with the provisions of.this ordinance. Subd.2. The Board may grant a variance to the Iiferal provisions of this ordinance if it finds that: 'A. There has been substantial and detrimental reliance in good faith by an applicant who has received a permit or. . certificate,issued in error by the administrative official charged with enforcement of this•ordinance,and B: the mistaken issuance of the certificate or permit is not the ' result of an action on the part of the applicant,the property owner,or any other person or parry who has had control of the property, to provide misleading or incorrect information,or to knowingly with information necessary for the administrative official to accurately review the permit or certificate request. Subd.3. The Board shall under no circumstances grant a variance that will allow a use otherwise not permitted within the zoning district or any variance of the elevation or levels for flood protection Subd.4. In granting a variance,the zoning administrator B j .• < 8 AVE SE `V fD o M T RR go - 74vESE •. � OIV ... - � Cb l CD N� E AVE SE Co --5 0 AVE SE 9 AVE NE lJ' m y y� ll-Cll m Z 10AVESE . 10 AVE NE ` F . I • A: ...physical conditions ivhich are peculiar to the property and do not apply to other lands. I. I have an exceptionally large lot measuring 60 x 200 feet or 12,000 square feet. As stated previously, I am using only 6%of my lot. The large size of this lot makes it an exceptional physical condition. While the building sits back 54 feet from the sidewalk, we still have enough square footage and space to allow all cars to be parked off-street and to the rear of the building, out of sight, and parked next to the commercial property of Nietz Electric. Few lots could accomplish this. The fact that this property abuts the commercial property of Nietz Electric on the north boundary makes it the most exceptional and unique physical condition of all. You have a picture of this lot line boundary and what we see looking north to the commercial property. B: ...permit the reasonable use... Another exceptional physical condition is the property restoration. I have taken a very "sub-standard"property for the city to a"top-quality"asset to surrounding property • values. Reasonable use of this renovated property"now" is surely different from the reasonable use of the property "then". For example, the boiler system was inoperable and leaking carbon monoxide. Professional asbestos removal was necessary to even replace the boiler. Restoration throughout the project has been of superior quality. Therefore, a renter profile and rental usage are much improved from before. Surrounding neighbors will have less concern and more peace of mind to enjoy their own properties. C: ...will not be materially detrimental to the public welfare or materially injurious to other property in the area... This restoration takes me to the next exceptional condition and that is the strong support from the property owners on the North, South, East and West sides of this property. My personal residence is directly to the West; the 715 property has been purchased and restored by me because it is next door. In that proximity, I would only support an office usage if it kept within the integrity standards of the neighborhood revitalization process. This is also the reason for the strong support of the Eastside Pioneers Neighborhood Association. Their letter of support to Planning &Zoning is included in your packet. You have in your packet a multi-signed petition along with three letters of support. 1. Roy Sutherland, Park&Recreation 2.Nietz Electric 3. Rochester Cemetery Association • D: ...minimum necessary to provide reasonable economic use... Since the initial Board of Appeals meeting on February I", I have met with Planning& Zoning personnel and have found that I can put stipulations on the variance requested and applied for. Therefore, you will notice in paragraph two of my February 7`h letter, I have added stipulations that the variance be granted with usage to include: 1: low-profile business 2: unobtrusive business 3: no public foot traffic in and out 4: no outward signage. This will regulate future ownerships to comply and thereby protect the residential profile long-term. The variance asked for is as minimal as it can be and is as compatible, if not more compatible, with our residential area than even a Daycare. In closing and in further support of this variance being so-granted, it is to be noted that the Future Land Use Plan for this property shows it to be zoned Medium Density Residential (R-3); I believe it was also previously zoned R-3 prior to 1999. R-3 zoning allows for this type of office use. To Be Noted.- Town Hall Estates has recently been approved for 66 units with car traffic entering and exiting via 7"ft Avenue and Center Street. Their traffic far exceeds our "3-car" requirement. Town Hall Estates is also not located on a corner but sits in the middle of a long block.