CITY OF ST. PAUL PARK ST. PAUL PARK, MINNESOTA :00 p.m. OPEN MEETING PLEDGE OF ALLEGIANCE:

Transcription

1 CITY OF ST. PAUL PARK ST. PAUL PARK, MINNESOTA REGULAR COUNCIL MEETING August 21, 2017 AGENDA: 7:00 p.m. OPEN MEETING PLEDGE OF ALLEGIANCE: Item 1 7:00 p.m. MINUTES: A. Approval of the minutes of the August 7, 2017 Regular Council Meeting waive reading of same. B. Approve Budget Workshop Summary of August 7, 2017 waive reading of same. Item 2 7:05 p.m. ITEMS FROM THE PUBLIC: Item 3 7:10 p.m. CONSENT AGENDA: A. Acknowledge receipt of Commission Minutes Parks & Recreation Commission August 10, 2017 Planning Commission August 14, 2017 Comp Plan Work Session Summary August 14, 2017 B. Accept the resignation of Police Officer Kyle Lindquist effective August 31 and authorize staff to fill the position. C. Approve Grant Agreement with OSHA for Security System. Item 4 7:15 p.m. PUBLIC HEARING ISSUANCE OF REVENUE BOND FOR THE BENEFIT OF PRESBYTERIAN HOMES AND SERVICES: Adopt Resolution No. 1509, a resolution authorizing the issuance of revenue bonds for the benefit of Presbyterian Homes Bloomington Care Center, Inc. and authorizing the execution of the revenue bonds and related documents. Item 5 7:25 p.m. PUBLIC HEARING VARIANCE REQUEST FOR 1261 GARY DRIVE: Adopt Resolution No. 1510, a resolution approving a variance for Lee Freitag to construct an addition to the house at 1261 Gary Drive.

2 Item 6 7:35 p.m. PUBLIC HEARING--CONDITIONAL USE PERMIT & VARIANCE REQUEST FOR TH STREET: Adopt Resolution No. 1511, a resolution approving a Conditional Use Permit and Variance to allow for the expansion of a nonconforming residence and the construction of a garage in the I-1 District at th Street. Item 7 7:45 p.m. KEVIN WALSH: A. Adopt Resolution No. 1512, a resolution accepting resignation of Council Member Cheesman effective August 8, 2017 and declaring vacancy. B. Mayoral Appointment P&R Commission Liaison Item 8 7:50 p.m. REPORTS: A. Council Member Swenson Public Works Commission B. Council Member Jones Public Safety Commission C. Mayor Dingle Planning Commission D. Council Member Cheesman Parks & Recreation Commission E. Council Member Jahner III Heritage Days Committee (Alternate) F. Mayor Dingle Administration Item 9 8:00 p.m. BILLS FOR APPROVAL: $160, Item 10 8:00 p.m. COUNCIL COMMENTS AND REQUESTS: Adjourn

3 PROPOSED MINUTES CITY OF ST. PAUL PARK REGULAR COUNCIL MEETING August 7, 2017 Meeting called to order at 7:00 p.m. Present: Mayor Dingle; Council Members Jones, Swenson, Cheesman, and Jahner III. Also present: City Administrator Walsh, Finance Officer Sommerland, Police Chief Billmeyer and City Clerk Ornquist. Pledge of allegiance said by all. MINUTES: Motion by Swenson, second by Cheesman to approve the minutes of the July 17, 2017, regular meeting waive reading of same. Motion carried 4-0, with Jahner III abstaining. ITEMS FROM THE PUBLIC: Paul Lampland, rd Street, representative of Citizens to Preserve Residential Communities (CPRC) addressed the Council to solicit their services with regards to BNSF proposed transfer station. CPRC is a not for profit organization consisting of citizens of St. Paul Park and surrounding communities concerned about the environmental impact the proposed transfer station will have on the community. The organization is seeking a full environmental impact assessment, a ban or limitation on the additional truck traffic on neighborhood streets and a full assessment the proposed industrialization will have on the residential neighborhood. A petition of approximately 1,000 signatures of support was presented to Mayor Dingle. The organization has met with the law firm Larkin Hoffman which deals with land use issues. The organization has been raising funds to develop a strategic legal plan to amend, better, or eliminate the proposed development plan. The group has been advised not to proceed unless the group is prepared to invest $100,000 - $250,000 in a court battle. Mr. Lampland stated that these amounts are beyond the scope of CPRC and by approaching all three affected communities can share the power of collective resources. He stated that CPRC is a dedicated group of activists with the skills to hire and manage legal assistants and the ability to consolidate the three communities interests. And after developing the legal strategies CPRC will be seeking a contract relationship to act on the City s behalf. PLAQUE PRESENTATION ROBERT FELIX 10 YEARS OF SERVICE WITH THE CITY: Police Chief Billmeyer presented a 10-year service plaque to Robert Felix. She stated that Officer Felix has provided a decade worth of community involvement and commitment to St. Paul Park. Police Chief Billmeyer shared that Officer Felix is on SWAT, has been a great officer with the street, he is very active with traffic stops, keeps the community safe, and keeps people off the streets that shouldn t be. Most recently Officer Felix has been given the task to inventory the evidence room in which his organizational skill has been a huge asset to the department. Congratulations were extended by all. PENDANT PRESENTATION TO FIRE DEPARTMENT SELVIG JEWELERS: Christine Selvig, owner of Selvig Jewelers in Cottage Gove along with 21 local businesses presented St. Florian Pendants to the St. Paul Park Fire Department to express their appreciation for what they do and to protect them while serving the community. Ms. Selvig shared a personal story about an incident involving her father and some stories from police officers who were recipients of the St. Michael pendants. She was sad to announce the store will be closing the end of August. Thanks to: Selvig Jewelers, Rocco s Pizza, Oasis Chiropractic, Dennis Brothers Liquor, the Healing Place, Historic John P. Furber Farm- Wedding and Event Center, Subway on County Road 19 & 70 th, Historic Hope Glen Wedding & Event Venue, Park Grove Pet Hospital, Keller- Williams-Sherry & Greg Wilwert, Thrivent Financial, Merchants Bank, Anchor Bank, Carbone s of St. Paul Park, Park Café, Rumpca Services,

4 Council Minutes August 7, 2017 Page 2 of 3 Broadway Bar, Andeavor Refinery, Metro Gravel, RSI Insurance, Kiss s Auto Body and Kristy S. In Fire Chief Lee absence Mayor Dingle accepted the pendants on behalf of the Fire Department and personally thanked all the business owners and Christine for the St. Florian pendants. CONSENT AGENDA: A. Acknowledge receipt of Commission Minutes Parks & Recreation Commission July 13, 2017 Comp Plan Workshop Summary July 10, 2017 B. Approve Grant Agreement for Heritage Park C. Approve Temporary On-Sale Liquor License for St. Thomas Aquinas Church for Oktoberfest on September 23, 2017 for designated area as described in the Special Event Permit. D. Approve Lawful Gambling Application from St. Thomas Church for September 23, E. Approve Lawful Gambling Application from Park Volunteer Aid Association for their annual Ham & Turkey Raffle on November 17, Motion by Swenson, second by Jones to approve the consent agenda items listed above. Motion carried 5-0. KEVIN WALSH: A. Set Public Hearing date for Conduit Bond August 21, 2017 at 7 p.m. City Administrator Walsh informed the Council that this for another Presbyterian Homes project refinancing in Bloomington. The City will receive a flat fee of $30,000. Motion by Mayor Dingle, second by Jahner III to set public hearing date for conduit bond as listed above. Motion carried 5-0. REPORTS: A. Council Member Jeff Swenson Public Works Commission Next meeting to be held September 12, 2017 at 7 p.m. B. Council Member Jones Public Safety Commission Next meeting to be held September 7, 2017 at 7 p.m. C. Mayor Dingle Planning Commission Next meeting to be held August 14, 2017 at 7 p.m. with Comp Plan Workshop to follow. D. Council Member Cheesman Parks & Recreation Commission Ribbon Cutting ceremony was held last week to welcome in the new outdoor exercise equipment at Abdella Park. Despite the cold, wind and rain it was a decent turn out with a lot of enthusiasm from those in

5 Council Minutes August 7, 2017 Page 3 of 3 attendance. This project wouldn t have been possible without the generous donation from the St. Paul Park Refinery. Next meeting to be held on August 10, 2017 at 7 p.m. Two members needed. E. Council Member Jahner III Heritage Days Committee (Alternate) Committee is meeting today at 7 p.m. in the St. Paul Park Fire Training Room. Committee is still looking for a replacement for the carnival rides. Next meeting to be held Monday, August 14 at 7 pm. in the St. Paul Park Fire Training Room. F. Mayor Dingle Administration Candidate Filing is open until August 15, 2017 for two Council seats (4-year term) and Mayor (to fill term). Those interested should come to City Hall to file. BILLS FOR APPROVAL: $179, Motion by Jones, second by Jahner III to approve the bills in the amount of $179, Motion carried 5-0. COUNCIL COMMENTS AND REQUESTS: Mayor Dingle announced that the St. Paul Park Road Rehabilitation Project is going out for bid. This project is a partnership with the City of St. Paul Park, Washington County, and St. Paul Park Refinery. Hopefully the project will begin this fall or possibly next spring. Mayor Dingle announced that 70 th Street is partially open to Meadow Grass. She also reminded motorists that a flashing light means stop before proceeding with caution. Mayor Dingle announced that 65 th Street will be closing on August 14, Mayor Dingle announced that Stone Soup Thrift Shop will be holding their annual Fashion Show fundraising event on August 10 at 5:30 p.m. at the Historic John P. Furber Farm-Wedding and Event Center. Mayor Dingle announced that a ribbon cutting event to celebrate the opening of Hy-Vee is set for Tuesday, August 8 at 8:30 a.m. Council Member Cheesman announced that she is moving to the City of Cottage Grove making this her final Council Meeting. She thanked the City Council for the opportunity six years ago when the Council appointed her and thanked the residents who later elected her. Mayor Dingle stated that she will be missed and reminded Cheesman that she doesn t need to be a resident of St. Paul Park to serve on one of our commissions. Mayor Dingle thanked Cheesman for her huge contributions to the City. Mayor Dingle listed a few of Cheesman s contributions: Community Garden, events through Parks & Recreation Commission, developing a wonderful base of volunteers serving on the Parks & Recreation Commission, and recruiting a junior volunteer to serve on the Parks & Recreation Commission. Meeting adjourned 7:27 p.m. Sharon Ornquist City Clerk

6 CITY OF ST. PAUL PARK CITY COUNCIL WORKSHOP SUMMARY August 7, 2017 Workshop meetings are informal discussion style meetings that are open to the public. No official city business is conducted; therefore official minutes are not kept. The summary below is provided for informational purposes only. It has been generated from notes and is not a comprehensive report of workshop discussions and events. Workshop called to order at 7:32 p.m. and adjourned at 8:18 p.m. PARTICIPANTS: Mayor Dingle; Council Members Jones, Swenson Cheesman, and Jahner III, City Administrator Walsh, Finance Officer Sommerland and City Clerk Ornquist. SUBJECT(s): 2018 Preliminary Budget INTRODUCTION: City Administrator Walsh informed the Council that staff has prepared their budgets which reflects a $50,000 increase (not including wages and benefits). Majority of the increase is for matching park grants, fire equipment, police equipment and elections. SUMMARY: City Administrator Walsh solicited from Council their priorities and any special items they would like to consider for the 2018 budget. Some of the feedback items for consideration were: Holiday Train (food shelf donation) P&R Commission budget of $1,500 to purchase shed and/or landscaping at the Community Garden in the event donations are not received. Financial Software upgrades Flowers at the entrance of City Hall Assist in the purchase of Masonic Lodge through grants or other agencies Wages and Benefits Those discussed, but not for consideration at this time: Citizen for Preserving Residential Communities (CPRC) contract for services. Street Fund to eliminate the need to specially assess for street reconstruction projects. Currently residents pay 33% of costs. Mayor and Council compensation RECOMMENDATION: It was the consensus of the City Council to review a preliminary budget not to exceed 3 5% tax levy. Respectfully submitted, Sharon Ornquist, City Clerk

7 CITY OF ST. PAUL PARK ST. PAUL PARK, MINNESOTA PARKS & RECREATION COMMISSION MINUTES August 10, 2017 Meeting called to order at 7:00 p.m. Those present: Sharon Ornquist, Secretary Charlene Whitbred-Hemmingson Those excused: Andy Cison, Chairperson Denise Peterson Cindy Domeier Jeff Dionisopoulos, Public Works Supervisor APPROVAL OF THE MINUTES: Approval of the July 13, 2017 minutes was tabled due to lack of a quorum. AGENDA ITEMS: A. Adopt a Park Program a brief discussion was had to encourage a monthly cleanup and inspection of park equipment. One idea suggested was to include in the brochure a form the organization can turn in listing the date they cleaned the park and any items found that need attention. More discussion to be had at the September meeting. B. Heritage Days Business Expo Participation--It was the consensus that the commission have a booth at the Business Expo to showcase the parks and recreational opportunities as well as solicit ideas for Heritage Park improvements and Commission Members. C. Fitness in the Park August 14 & 23. No discussion. D. Story Time The Pullman Elementary Teachers will hold a story time at the Community Garden on Friday, August 18 at 1:00 p.m. In the event of rain, it will be held in the community room. E. Movie in the Park Movie in the Park has been set for Saturday, August 26. The movie title is Boss Baby. Andy and Cindy will not be there. F. Community Garden Update. No discussion G. Family Nature Hike September 23. No discussion. PARK UPDATE: None OPEN DISCUSSION: None

8 P&R Commission Minutes August 10, 2017 Page 2 of 2 Meeting adjourned 8:06 p.m. IMPORTANT DATES: August 18 (1 PM) Story Time at Community Garden August 19 (9 AM 4 PM) Business Expo at Heritage Days August 25 (dusk) Movie in the Park at Dingle Park September 23 (10:30) Family Nature Hike at Riverside Park Next meeting September 14 at 7 p.m. Respectfully submitted August 17, 2017 by Secretary Ornquist

9 CITY OF ST. PAUL PARK ST. PAUL PARK, MINNESOTA PLANNING COMMISSION MINUTES Monday, August 14, 2017 Meeting called to order at 7:00 p.m. by Chair Dingle Members present: Dan Dingle, Doug Pierro, Shelley Landgraf, Sharon Whitmore, Jeff Fischer Also present: Council Liaison Sandi Dingle Pledge of Allegiance said by all. Approval of Minutes: Motion by Fischer, second by Whitmore to approve the minutes of the Monday, July 10, 2017 Planning Commission meeting. Motion carried 5-0. Motion by Pierro, second by Fischer, to approve the Monday, July 10, 2017 Comp Plan Workshop Summary. Motion carried 5-0. Commission Actions PUBLIC HEARING A. Lee Freitag, 1261 Gary Drive, St. Paul Park MN Variance Request to build a house addition with a 17 rear yard setback. Chair Dingle closed the regular meeting and opened the public hearing. It should be noted there were two people signed in on the public hearing sign-in sheet not wishing to speak, but in favor of the project. With no comments from the public, Chair Dingle closed the public hearing and opened for Commission discussion. Motion by Landgraf, second by Whitmore, to recommend Council approve Lee Freitag s variance request to build a house addition with a 17 rear yard setback. Motion carried 5-0. B. Jeff & Roxanne Shingledecker, th Street, St. Paul Park MN Conditional Use Permit for the expansion of a legal, non-conforming home and garage. Chair Dingle closed the regular meeting and opened the public hearing. It should be noted there were two people signed in on the public hearing sign-in sheet not wishing to speak, but in favor of the project. With no comments from the public, Chair Dingle closed the public hearing and opened for Commission discussion. There was a short discussion regarding the rear yard setback for the garage and whether or not Mr. Shingledecker could move the garage in five feet to meet the current rear yard setback. Mr. Shingledecker stated he would lose too much of his yard if he were to move the garage in five feet. He added he currently has a fence in the alley and the garage would be located five feet in from the fence; moving the garage in wouldn t change anything. Chair Dingle also confirmed with Mr. Shingledecker he would be removing the parking surface on 7 th Avenue. Motion by Fischer, second by Pierro, to recommend Council approve Jeff & Roxanne Shingledecker s Conditional Use Permit for the expansion of a legal, non-conforming home and garage. Motion carried 5-0.

10 New Business: None Staff Reports: None Unfinished Business: None Meeting adjourned 7:08

11 CITY OF ST. PAUL PARK PLANNING COMMISSION COMP PLAN WORKSHOP SUMMARY August 14, 2017 Workshop meetings are informal discussion style meetings that are open to the public. No official city business is conducted; therefore, official minutes are not kept. The summary below is provided for informational purposes only. It has been generated from notes and is not a comprehensive report of workshop discussions and events. Workshop called to order at 7:11 p.m. and adjourned at 8:00 p.m. PARTICIPANTS: Planning Commission: Dingle, Pierro, Landgraf, Whitmore, Fischer, Council Liaison Dingle Others: Nate Sparks, Consulting Planner Consulting Planner Sparks provided the Commission with a City Parks and Trails map where he combined the park search area with the trail map and gave an overview of the map as well as concepts for trails, sidewalks and park connections. He stated the sidewalk map is not yet completed. Additional items discussed included: Sidewalks needed down 9 th Avenue from 3 rd Street to Abdella Park, Broadway Avenue, and possibly around Heritage Park. If new development in the railroad area, sidewalks decided on a case by case basis Mississippi River Trail more appropriate on 3 rd to the downtown area vs. on Summit Avenue Trail down Main Street, closer to Hidden Harbor and Lion s Levee and cut over to Broadway and connect to the county system Hastings Avenue extend to Cottage Grove Delete Pullman to Abdella trail Connect trail on 3 rd to St. Paul Park Road and into Newport. Nate will contact the City of Newport to see what their trail plans are also. Nate will begin to put information on the website for community feedback and would like to have an open house before drafting final chapters. Regarding the open house, stations would be in place for each topic along with a map and policies. Nate would answer questions, take comments, and bring the information back to the Planning Commission. It was the consensus of the Commission to have an open house September 11 from 5 7 p.m. The open house announcement will also be put on the website. Nate also provided the Commission with Significant Vegetation maps and explained the DNR created a new chapter with more specifics. Certain areas of significant vegetation have to be preserved. Nate will balance densities against the new maps before the open house. Recorded by Administrative Assistant Darwitz

12

13

14

15

16

17 Offices in Minneapolis Saint Paul St. Cloud 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN (612) telephone (612) fax Affirmative Action, Equal Opportunity Employer August 16, 2017 JULIE A. EDDINGTON Attorney at Law Direct Dial (612) Kevin Walsh, City Administrator Kim Sommerland, Finance Officer City of St. Paul Park 600 Portland Avenue St. Paul Park, MN Re: Resolution providing approval to the issuance of revenue obligations by the City of St. Paul Park and the execution of documents in connection therewith Dear Kevin and Kim, Presbyterian Homes Bloomington Care Center, Inc., a Minnesota nonprofit corporation (the Borrower ), has requested assistance from the City of St. Paul Park, Minnesota (the City ) in refinancing certain facilities owned by the Borrower or Presbyterian Home Care Centers, Inc., a Minnesota nonprofit corporation and an affiliate of the Borrower ( PHCC ), located in the City of Bloomington, Minnesota ( Bloomington ) and the City of Roseville, Minnesota ( Roseville ) as further described herein. To that end, the Borrower has proposed that the City issue one or more series of taxable or tax-exempt revenue obligations (the Bonds ) in the approximate maximum principal amount of $35,000,000. Proceeds of the Bonds would be loaned to the Borrower for the purposes of (i) refinancing the Borrower s facility consisting of 98 skilled care nursing home beds, 18 assisted living/memory care units, and an approximately 33,000 square foot town center, which is located at 9901 Penn Avenue South in Bloomington (the Bloomington Gables Care Center ); (ii) refinancing the 86-unit assisted living project located at Newton Avenue South in Bloomington (the Bloomington Commons ), which is owned by the Borrower; and (iii) refinancing the 143-bed skilled nursing facility located at 1910 County Road D in Roseville (the Roseville Facility ), which is owned by PHCC. The Bonds will be issued under the terms of Minnesota Statutes, Sections through , as amended (the Act ), Minnesota Statutes, Section , and an Indenture of Trust (the Indenture ) between the City and Wells Fargo Bank, National Association, as trustee (the Trustee ). The proceeds of the Bonds will be loaned to the Borrower under a Loan Agreement (the Loan Agreement ), and the Borrower will use the proceeds thereof to refinance the Bloomington Gables Care Center, the Bloomington Commons, and the Roseville Facility, to fund required reserves, and to pay costs of issuance of the Bonds. The Bonds will be offered for sale under an Official Statement, and the City, the Borrower, and the Underwriter will enter into a Bond Purchase Agreement (the Bond Purchase Agreement ) with respect to the purchase of the Bonds. Before the Bonds can be issued, however, both Bloomington and Roseville will need to provide host approval to the issuance of the Bonds, which is expected to occur on August 28, The Bond Purchase Agreement will contain a provision that the sale of the Bonds is conditioned upon the approval of Bloomington and Roseville. The repayment v1 JAE BL405-12

18 obligations of the Borrower under the Loan Agreement will be secured by a mortgage agreement, and other security may be provided by the Borrower or its affiliates. Enclosed is a resolution for consideration by the City Council following the public hearing on August 21, 2017, approving the issuance of the Bonds and authorizing the execution and delivery of the Indenture, the Loan Agreement, and the Bond Purchase Agreement. The Bonds will be conduit revenue bonds issued under the Act and Minnesota Statutes, Section , and will be secured solely by the revenues derived from the Loan Agreement, the Mortgage, or other security provided by the Borrower. The Bonds will not constitute a general or moral obligation of the City and will not be secured by or payable from any property or assets of the City (other than the interests of the City in the Loan Agreement) and will not be secured by any taxing power of the City. The Bonds will not be subject to any debt limitation imposed on the City and the issuance of the Bonds will not have any adverse impact on the credit rating of the City, even in the event that Borrower encounter financial difficulties with respect to the facilities described in the Loan Agreement. Each year the City has the ability to designate up to $10,000,000 in tax-exempt bonds as qualified tax-exempt obligations (sometimes referred to as bank-qualified bonds ) for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. In order to issue bank-qualified bonds, the issuer must not expect to issue more than $10,000,000 of bonds (other than private activity bonds that are not qualified 501(c)(3) bonds) in a calendar year. Because the Bonds are expected to be issued in an amount of up to $35,000,000, and because the City is issuing other revenue bonds for affiliates of the Borrower, the City will be unable to issue any bonds for new projects and designate such bonds as bank-qualified bonds in calendar year Under the terms of the Loan Agreement, the Borrower will agree to pay to the City an administrative fee in connection with the issuance of conduit bonds and the out-of-pocket expenses of the City with respect to these transactions. Sofia Lykke from my office will attend the City Council meeting on August 21, 2017 and can answer any questions that may arise during the meeting. Please contact me with any questions you may have prior to the City Council meeting. Sincerely, Julie A. Eddington v1 JAE BL405-12

19 CITY OF ST. PAUL PARK, MINNESOTA RESOLUTION NO RESOLUTION AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR THE BENEFIT OF PRESBYTERIAN HOMES BLOOMINGTON CARE CENTER, INC. AND AUTHORIZING THE EXECUTION OF THE REVENUE BONDS AND RELATED DOCUMENTS BE IT RESOLVED by the City Council of the City of St. Paul Park, Minnesota (the City ), as follows: Section 1. Recitals The City is authorized and empowered under Minnesota Statutes, Sections through , as amended (the Act ), to issue its revenue bonds to finance or refinance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any properties, real or personal, used or useful in connection with a revenue-producing enterprise, whether or not operated for profit, engaged in providing health care services, including, without limitation, hospitals and related medical facilities Minnesota Statutes, Section , as amended, authorizes a municipality to issue obligations to finance or refinance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the obligations are issued under a joint powers agreement between the municipality issuing the obligations and the municipality in which the property to be acquired or improved is located On September 28, 2006, the City of Inver Grove Heights, Minnesota issued its Nursing Home Revenue Refunding Bonds (Presbyterian Homes Bloomington Care Center, Inc. Project), Series 2006 (the Series 2006 Bonds ), in the original aggregate principal amount of $23,265,000, pursuant to the Act and Minnesota Statutes, Sections and , and loaned the proceeds thereof to Presbyterian Homes Bloomington Care Center, Inc., a Minnesota nonprofit corporation (the Borrower ), for the purpose of refinancing the Borrower s facility consisting of 98 skilled care nursing home beds, 18 assisted living/memory care units, and an approximately 33,000 square foot town center, which is located at 9901 Penn Avenue South, Bloomington, Minnesota (the Bloomington Gables Care Center ) On December 9, 2010, the City of Bloomington, Minnesota issued its Senior Housing Refunding Revenue Bonds (Gideon Pond Commons, LLC Project), Series 2010 (the Series 2010 Bonds ), in the original aggregate principal amount of $16,485,000, pursuant to the Act and Minnesota Statutes, Section , and loaned the proceeds thereof to Gideon Pond Commons, LLC, a Minnesota limited liability company, the sole member of which is the Borrower, for the purpose of refinancing (i) the 86-unit assisted living project located at Newton Avenue South, Bloomington, Minnesota (the Bloomington Commons ), which is owned by the Borrower; and (ii) the 143-bed skilled nursing facility located at 1910 County Road D, Roseville, Minnesota (the Roseville Facility ), which is owned by Presbyterian Home Care Centers, Inc., a Minnesota nonprofit corporation and an affiliate of the Borrower The Borrower has proposed that the City issue its revenue obligations, in one or more series, as taxable or tax-exempt obligations (the Bonds ), in an estimated aggregate principal amount not to exceed $35,000,000, for the benefit of the Borrower for the purposes of (i) refinancing the Bloomington Gables Care Center through the redemption and prepayment of the outstanding Series v1 JAE BL405-12

20 Bonds; and (ii) refinancing the Bloomington Commons and the Roseville Facility through the redemption and prepayment of the outstanding Series 2010 Bonds. The Bloomington Gables Care Center, the Bloomington Commons, and the Roseville Facility is referred to collectively herein as the Project The Borrower has represented to the City that it is exempt from federal income taxation under Section 501(a) of the Internal Revenue Code of 1986, as amended (the Code ), as a result of the application of Section 501(c)(3) of the Code Section 147(f) of the Code, and regulations promulgated thereunder, and Section , subdivision 4 of the Act require that prior to the issuance of the Bonds, the City Council approve the issuance of the Bonds after conducting a public hearing thereon preceded by publication of a notice of public hearing (in the form required by Section 147(f) of the Code and applicable regulations) in the official newspaper of the City at least fifteen (14) days prior to the public hearing date. A notice of public hearing was published at least fourteen (14) days before the regularly scheduled meeting of the City Council in the South Washington County Bulletin, the official newspaper of and a newspaper of general circulation in the City, with respect to the required public hearing under Section 147(f) of the Code and the Act On the date hereof, the City Council conducted a duly noticed public hearing on the issuance of the Bonds to refinance the Project, all in accordance with Section 147(f) of the Code and Section , subdivision 4 of the Act The Bonds will be issued in one or more series, as taxable or tax-exempt obligations, pursuant to the Act, Minnesota Statutes, Section , and an Indenture of Trust (the Indenture ) between the City and Wells Fargo Bank, National Association, a national banking association (the Trustee ). The City will loan the proceeds derived from the sale of the Bonds to the Borrower pursuant to a Loan Agreement (the Loan Agreement ) between the City and the Borrower The Loan Agreement will require the Borrower to make loan repayments to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. The City will assign its rights to the loan repayments, basic payments, and certain other rights under the Loan Agreement to the Trustee pursuant to the Indenture and the Loan Agreement The Borrower will secure its repayment obligations under the Loan Agreement by entering into an Amended and Restated Mortgage Agreement (the Mortgage ) with the Trustee. Section 2. Issuance of the Bonds The City Council hereby finds, determines, and declares that: (a) The issuance and sale of the Bonds, the execution and delivery by the City of the Indenture and the Loan Agreement and the performance of all covenants and agreements of the City contained in the Indenture and the Loan Agreement are undertaken pursuant to the Act. (b) The loan repayments to be made by the Borrower under the Loan Agreement are fixed to produce revenues sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued under this resolution when due, and the Loan Agreement also provides that the Borrower is required to pay all expenses of the operation and maintenance of the facilities described therein, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all lawfully imposed taxes and special assessments levied upon or with respect to the facilities and payable during the term of the Loan v1 JAE BL

21 Agreement. (d) As provided in the Loan Agreement, the Bonds shall not be payable from or charged upon any funds other than the revenues or funds and assets pledged to its payment, nor shall the City be subject to any liability thereon, except as otherwise provided in this paragraph. No holder of the Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement and the revenues and assets thereunder, which will be assigned to the Trustee under the Indenture. The Bonds shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City, except the interests of the City in the Loan Agreement, and the revenues and assets thereunder, which will be assigned to the Trustee under the Indenture. The Bonds shall recite that the Bonds are issued pursuant to the Act, that the Bonds, including interest and premium, if any, thereon, are payable solely from the revenues and assets pledged to the payment thereof, and the that Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitations The City hereby authorizes the issuance of the Bonds in a principal amount not to exceed $35,000,000 to (i) refinance the Project; (ii) fund required reserves; and (iii) pay costs of issuance of the Bonds. The Bonds shall bear interest, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the Indenture, in substantially the form now on file with the City All of the provisions of the Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bonds shall be substantially in the form on file with the City, which is hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the principal amount of the Bonds, the determination of the interest rates on the Bonds, and changes to the terms of redemption of the Bonds) as the Mayor and the City Administrator of the City, in their discretion, shall determine. The execution of the Bonds with the manual or facsimile signatures of the Mayor and the City Administrator and the delivery of the Bonds by the City shall be conclusive evidence of such determination The City Council of the City hereby authorizes and directs the Mayor and the City Administrator to execute and deliver the Indenture to the Trustee, hereby authorizes and directs the execution of the Bonds in accordance with the terms of the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the owners of the Bonds, the City and the Trustee as set forth therein All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the City, which is hereby approved, with such necessary and appropriate variations, omissions, and insertions as do not materially change the substance thereof, or as the Mayor and the City Administrator, in their discretion, shall determine, and the execution thereof by the Mayor and the City Administrator shall be conclusive evidence of such determination The Mayor and the City Administrator are hereby authorized and directed to execute and deliver the Loan Agreement and the Bond Purchase Agreement (the Bond Purchase Agreement ) between the City, the Borrower, and Piper Jaffray & Co. (the Underwriter ). The execution and delivery by the City of the Bond Purchase Agreement shall be contingent upon the City of Bloomington, Minnesota and the City of Roseville, Minnesota, as the municipalities in which the Project is located, v1 JAE BL

22 providing host approval to the issuance of the Bonds by the City. All of the provisions of the Loan Agreement and the Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreement and the Bond Purchase Agreement shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Administrator, in their discretion, shall determine, and the execution thereof by the Mayor and the City Administrator shall be conclusive evidence of such determination The Trustee is hereby appointed as paying agent and bond registrar for the Bonds The Mayor, the City Administrator, and the Finance Officer of the City and other officers, employees, and agents of the City are hereby authorized and directed to prepare and furnish to bond counsel and the Trustee certified copies of all proceedings and records of the City relating to the issuance of the Bonds, including a certification of this resolution. Such officers, employees, and agents are hereby authorized to execute and deliver, on behalf of the City, all other certificates, instruments, and other written documents that may be requested by bond counsel, the Trustee, or other persons or entities in conjunction with the issuance of the Bonds. Without imposing any limitation on the scope of the preceding sentence, such officers, employees, and agents are specifically authorized to execute and deliver a certificate of the City, an endorsement of the City to the tax certificate of the Borrower, an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Bonds. The City hereby authorizes Kennedy & Graven, Chartered, acting as bond counsel, to prepare, execute, and deliver one or more approving legal opinions with respect to the Bonds The City hereby authorizes the Borrower to provide such security for payment of its obligations under the Loan Agreement and for payment of the Bonds as is agreed upon by the Borrower and the Trustee, including but not limited to the Mortgage, and the City hereby approves the execution and delivery of such security The City has not participated in the preparation of the Preliminary Official Statement (the Preliminary Official Statement ) or the Official Statement (the Official Statement ) relating to the Bonds and has made no independent investigation with respect to the information contained therein, including the appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the City hereby consents to the distribution and the use by the Underwriter in connection with the sale of the Bonds of the Preliminary Official Statement and the Official Statement. The Preliminary Official Statement and the Official Statement are the sole materials consented to by the City for use in connection with the offer and sale of the Bonds. The City hereby approves the Continuing Disclosure Agreement (the Disclosure Agreement ) between the Borrower and the Trustee, as the dissemination agent, in the form now on file with the City, and hereby authorizes the Trustee, as the dissemination agent, to execute and deliver the Disclosure Agreement. Section 3. Miscellaneous All agreements, covenants, and obligations of the City contained herein and in the above-referenced documents shall be deemed to be the agreements, covenants, and obligations of the City to the full extent authorized or permitted by law, and all such agreements, covenants, and obligations shall be binding on the City and enforceable in accordance with their terms. No agreement, covenant, or obligation contained in this resolution or in the above-referenced documents shall be deemed to be an agreement, covenant, or obligation of any member of the City Council, or of any officer, employee, or agent of the City in that person s individual capacity. Neither the members of the City Council nor any v1 JAE BL

23 officer executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance of the Bonds Except as herein otherwise expressly provided, nothing herein or in the Indenture or the Loan Agreement, expressed or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the City and the registered and beneficial owners of the Bonds, any right, remedy, or claim, legal or equitable, under and by reason of this resolution or any provision hereof or of the Indenture or the Loan Agreement or any provision thereof; this resolution, the Loan Agreement, the Indenture and all of their provisions being intended to be, and being for the sole and exclusive benefit of the City and the registered and beneficial owners of the Bonds issued under the provisions of this resolution and the Indenture, and the Borrower to the extent expressly provided in the Indenture and the Loan Agreement In case any one or more of the provisions of this resolution, or of the documents mentioned herein, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. If for any reason the Mayor or the City Administrator, or any other officers, employees, or agents of the City authorized to execute certificates, instruments, or other written documents on behalf of the City, shall for any reason cease to be an officer, employee, or agent of the City after the execution by such person of any certificate, instrument, or other written document, such fact shall not affect the validity or enforceability of such certificate, instrument, or other written document. If for any reason the Mayor or the City Administrator is unable to execute and deliver the documents referred to in this resolution, such documents may be executed by any member of the City Council or any officer of the City delegated the duties of the Mayor or the City Administrator with the same force and effect as if such documents were executed and delivered by the Mayor or the City Administrator The Borrower has agreed to pay directly or through the City any and all costs paid or incurred by the City in connection with the transactions authorized by this resolution, whether or not the Bonds are issued This resolution shall be in full force and effect from and after its passage Approved by the City Council of the City of St. Paul Park, Minnesota, this 21 st day of August, Mayor Attest: City Clerk v1 JAE BL

24 NOTICE OF HEARING CITY OF ST. PAUL PARK, MINNESOTA Notice is hereby given that the St. Paul Park Planning Commission will be holding a public hearing on the following land use item on Monday, August 14, 2017, starting at 7:00 p.m. in the Council Chambers at 600 Portland Avenue, St. Paul Park, MN. Further notice is hereby given that the St. Paul Park City Council will be holding a public hearing on the same land use item on Monday, August 21, 2017, starting at 7:00 p.m. in the Council Chambers at 600 Portland Avenue, St. Paul Park, MN. VARIANCE REQUEST 1261 Gary Drive. The City will conduct a hearing to consider a variance request for property located at 1261 Gary Drive. The purpose of the variance is to allow for an addition to the house that will result in a rear yard setback of 17 feet. The required rear yard setback is 30 feet. The City of St. Paul Park considers your interest and input in this matter, as well as your neighbor s input, an extremely important part of the City s review process. If you are unable to attend the public hearing, but would like to provide input, written comments are welcome. Please contact City Staff at your earliest convenience so we may address your questions and advise you on submittal due dates. The application materials are available for review at City Hall by appointment. - PUBLIC HEARING: Planning Commission Meeting August 14, :00 p.m. - PUBLIC HEARING: City Council Meeting Monday, August 21, :00 p.m. Dated this 18 th day of July Kevin Walsh City Administrator

25 Parcel ID: Parcel Address: 1261 GARY DR, CITY OF ST PAUL PARK Created on 7/18/2017 MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT This drawing is the result of the compilation and reproduction of land records as they appear in various Washington County offices. The drawing should be used for reference purposes only. Washington County is not responsible for any inaccuracies.

26 CITY OF ST. PAUL PARK ST. PAUL PARK, MINNESOTA TO: FROM: Mayor & Council Planning Commission DATE: August 14, 2017 SUBJECT: Recommendations 1. Motion by Landgraf, second by Whitmore, to recommend Council approve Lee Freitag s variance request to build a house addition with a 17 rear yard setback. Motion carried Motion by Fischer, second by Pierro, to recommend Council approve Jeff & Roxanne Shingledecker s Conditional Use Permit for the expansion of a legal, non-conforming home and garage. Motion carried 5-0.

27 N O R T H W E S T A S S O C I A T E D C O N S U L T A N T S, I N C O l s o n M e m o r ial Highway, Ste , G o l d e n V a l l e y, MN T e l e p h o n e : W e b s i t e : w w w. n a c p l a n n i n g. c o m PLANNING MEMO TO: FROM: St. Paul Park City Council Kevin Walsh, City Administrator Nate Sparks, City Planner DATE: August 16, 2017 RE: Freitag Variance Request Public Hearing 1261 Gary Drive BACKGROUND Lee Freitag is seeking a variance to the rear yard setback to construct an addition on to the existing house at 1261 Gary Drive. The property is zoned R-1, Single-Family Residential. PROJECT DESCRIPTION The applicant has provided a survey and plans that show a 20 x 18 addition being added to the rear of the house. The addition is for a four-season porch. It would result in a rear yard setback of 17 feet. The R-1 District requires 30 feet. The house is on a corner lot (Gary Drive & Selby Ave) which requires 30 foot setbacks to both rights-of-way. This limits the buildable area on the lot to the side and rear yards. The house is angled to the lot line, which is also angled, resulting in a limited area off the back the house to build within the setback. The house is 17 feet to the interior side lot line, however, that is the side of the house where the garage is located and not the livable space. VARIANCE REVIEW The purpose of a variance is to provide for deviations from the literal provisions of this division in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this division. The board of adjustment and appeals shall not approve any variance request unless they find failure to grant the variance will result in practical difficulties and the following criteria have been met: (1) The proposed variance is consistent with the comprehensive plan. (2) The proposed variance is in harmony with the general purpose and intent of this section. (3) The purpose of the variance is not based exclusively upon economic considerations. (4) The plight of the landowner is created by circumstances unique to the property not created by the landowner. (5) The granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. (6) The property owner proposes to use the property in a reasonable manner not permitted by this section. (7) The requested variance is the minimum action required to eliminate the practical difficulty.

28 (8) The variance does not involve a use that is not allowed within the respective zoning district. (9) That the granting of the variance will not confer special privileges on the parcel in question that are not generally available to other property in the same zoning district. APPLICATON REVIEW Due to the shape of the lot and the location of the existing house, there would be no means to add on to this house in a conforming and reasonable manner. The lot is on a corner, so building off of the side of the house would place an addition into the setback to Selby Ave. The garage is on the other side and it would be odd to add living space off of a garage. This generally leaves the rear yard as the most reasonable option. Therefore, it would appear to meet the variance review criteria. REQUESTED ACTION The Planning Commission recommended approval of the request. 2

29

30

31

32

33

34

35

36

37

38

39

40 Kevin Walsh Subject: FW: Variance Request for 1261 Gary Drive From: Brent Strom Sent: Monday, August 14, :37 PM To: City Subject: Variance Request for 1261 Gary Drive Good evening, I received a letter from Kevin Walsh, City Administrator, in regards to the requested variance for 1261 Gary Drive. Having spoken with the homeowner and understanding the scope of the proposed improvement, I support the variance. The proposed improvement would greatly improve the home's utility with little to no adverse impact. Should the house be put on the market in future years, the proposed improvement would provide a significant value add that, in turn, positively affects neighboring property values. Thank you, Brent Strom 1312 Gary Drive, St. Paul Park 1

41 CITY OF ST. PAUL PARK COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO A RESOLUTION APPROVING A VARIANCE FOR LEE FREITAG TO CONSTRUCT AN ADDITION TO THE HOUSE AT 1261 GARY DRIVE WHEREAS, Lee Freitag (the Applicant ) has made a request for a variance to construct an addition to an existing house that would lie within the required rear yard setback at 1261 Gary Drive ( the Property ); and WHEREAS, the Property is legally described as: Lot 19, Block 2 of Joseph T Dixon 4 th Addition, Washington County, Minnesota; and WHEREAS, the Property is zoned R-1, Single Family Residential and utilized for a single family residential use; and WHEREAS, the R-1 District requires a 30 foot rear yard setback; and WHEREAS, the Applicant is seeking to place an addition on to the rear of the house which would result in a 17 foot rear yard setback; and WHEREAS, the Property has two frontages and the existing structure could not have a reasonably sized addition without extending into a required setback; and WHEREAS, the encroachment into the required rear yard would have the least amount of impact to the existing neighborhood; and WHEREAS, the St. Paul Park Planning Commission held a duly noticed public hearing on August 14, 2017 and recommended approval of the request; and WHEREAS, the shape of the lot, the existing structure location, and the two frontages present practical difficulties in placing a reasonable addition on to the house; and WHEREAS, the granting of the variance will not alter the essential character of the neighborhood; and WHEREAS, the Applicant proposes to use the Property in a reasonable manner; and WHEREAS, the requested is the minimum action required to eliminate the practical difficulty. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Paul Park hereby approves the variance with the following conditions: 1. The addition shall be placed in a location and constructed in a manner generally consistent with the plans reviewed by the Planning Commission. 2. The Applicant shall apply for a building permit within one year of this approval. ADOPTED by the City Council of the City of St. Paul Park, Minnesota this 21 st day of August ATTEST: Sandi Dingle, Mayor Sharon Ornquist, City Clerk Attached: Site Plan

42

43 NOTICE OF HEARING CITY OF ST. PAUL PARK, MINNESOTA Notice is hereby given that the St. Paul Park Planning Commission will be holding a public hearing on the following land use item on Monday, August 14, 2017, starting at 7:00 p.m. in the Council Chambers at 600 Portland Avenue, St. Paul Park, MN. Further notice is hereby given that the St. Paul Park City Council will be holding a public hearing on the same land use item on Monday, August 21, 2017, starting at 7:00 p.m. in the Council Chambers at 600 Portland Avenue, St. Paul Park, MN. CONDITIONAL USE PERMIT & VARIANCE REQUEST th Street. The City will conduct a hearing to consider a Conditional Use Permit and Variance request from Jeff Shingledecker at th Street in order to allow for the expansion of a nonconforming dwelling and the construction of a garage. The addition onto the house will be setback 5 feet from the right-of-way and the garage will be 8.5 feet from the right-ofway and 5 feet from the alley. The City of St. Paul Park considers your interest and input in this matter, as well as your neighbor s input, an extremely important part of the City s review process. If you are unable to attend the public hearing, but would like to provide input, written comments are welcome. Please contact City Staff at your earliest convenience so we may address your questions and advise you on submittal due dates. The application materials are available for review at City Hall by appointment. - PUBLIC HEARING: Planning Commission Meeting Monday, August 14, :00 p.m. - PUBLIC HEARING: City Council Meeting Monday, Monday, August 21, :00 p.m. Dated this 18 th day of July Kevin Walsh City Administrator

44 Parcel ID: Parcel Address: T H S T, C IT Y O F S T P A U L P A R K C re a te d o n 7 /1 8 / MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT T h is d ra w in g is th e re s u lt o f th e c o m p ila tio n a n d re p ro d u c tio n o f la n d re c o rd s a s th e y a p p e a r in v a rio u s W a s h in g to n C o u n ty o ffic e s. T h e d ra w in g s h o u ld b e u s e d fo r re fe re n c e p u rp o s e s only. W ashin gton C ounty is not respon sible for an y in a c c u ra c ie s.

45 CITY OF ST. PAUL PARK ST. PAUL PARK, MINNESOTA TO: FROM: Mayor & Council Planning Commission DATE: August 14, 2017 SUBJECT: Recommendations 1. Motion by Landgraf, second by Whitmore, to recommend Council approve Lee Freitag s variance request to build a house addition with a 17 rear yard setback. Motion carried Motion by Fischer, second by Pierro, to recommend Council approve Jeff & Roxanne Shingledecker s Conditional Use Permit for the expansion of a legal, non-conforming home and garage. Motion carried 5-0.

46 N O R T H W E S T A S S O C I A T E D C O N S U L T A N T S, I N C O l s o n M e m o r ial Highway, Ste , G o l d e n V a l l e y, MN T e l e p h o n e : W e b s i t e : w w w. n a c p l a n n i n g. c o m PLANNING MEMO TO: FROM: St. Paul Park City Council Kevin Walsh, City Administrator Nate Sparks, City Planner DATE: August 16, 2017 RE: Shingledecker CUP/Variance Public Hearing th Street BACKGROUND Jeff Shingledecker is seeking to build an addition on to the house located at th Street and replace the garage. The site is zoned I-1, Light Industrial. The portion of the house to be expanded sits within the setback to 7 th Avenue. The proposed garage is five feet from the alley. The applicant received approval for a similar request in 2014 but did not put the approval into effect and the approval expired. The applicant would like the approval renewed but is also slightly modifying the design of the addition. EXPANSION OF NON-CONFORMITIES The Zoning Ordinance allows for expansion of non-conforming uses with a Conditional Use Permit. Such expansions are permitted as follows: Section (j) of the Zoning Ordinance states: Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or size or volume of the building. Section (k) states: Nonconforming, non-income-producing residential units may be expanded to improve livability as a conditional use as regulated by section 74-93, provided the expansion is conforming to the performance standards in the zoning district. This CUP would permit the applicant to expand the house and replacement of the garage, as it is a nonconforming house within the I-1 District. The CUP would not, however, address the proposed construction within the setback. As a matter of fact, it would appear that this expansion may not exactly comply with Section (k), as written. PROJECT DESCRIPTION Mr. Shingledecker s house and garage both currently touch the right-of-way line of 7 th Avenue. There is also a large non-conforming parking area largely within the right-of-way. He is proposing to remove a portion of the house that extends to the right-of-way, which would give the house a five foot setback. He is also proposing to build a 10 foot wide addition with a deck, which would be in the required yard setback for 7 th Avenue. The previous approval was only for an eight foot addition.

47 There is currently a large paved area within the right-of-way. He is also proposing to remove this nonconforming parking area and replace it with a driveway to the proposed garage. On corner lots, the side yard setback adjacent to a street is 30 feet. This house and garage are currently built on the right-of-way line of 7 th Avenue. This proposal would create a 5 foot setback to the house and an 8.5 setback to the garage. The garage would be side loaded and not access directly off of 7 th Avenue. The applicant is proposing to lessen the non-conformities on the site. Due to the lot width being only 50 feet wide, the larger garage structure will still be within the setback. In 2016, the City revised the accessory structure setback ordinance to require a 10 foot setback to an alley. The Planning Commission may wish to condition any approval on the applicant meeting this setback. CONDITIONAL USE PERMIT REVIEW The planning commission shall consider possible adverse affects of the proposed CUP and base its judgment upon the following review criteria: (1) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official city comprehensive land use plan. (2) The proposed use is or will be compatible with present and future land uses of the area. (3) The proposed use conforms with all performance standards contained in this article. (4) The proposed use will not tend to or actually depreciate the area in which it is proposed. (5) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. VARIANCE REVIEW The purpose of a variance is to provide for deviations from the literal provisions of this division in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this division. The board of adjustment and appeals shall not approve any variance request unless they find failure to grant the variance will result in practical difficulties and the following criteria have been met: (1) The proposed variance is consistent with the comprehensive plan. (2) The proposed variance is in harmony with the general purpose and intent of this section. (3) The purpose of the variance is not based exclusively upon economic considerations. (4) The plight of the landowner is created by circumstances unique to the property not created by the landowner. (5) The granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. (6) The property owner proposes to use the property in a reasonable manner not permitted by this section. (7) The requested variance is the minimum action required to eliminate the practical difficulty. (8) The variance does not involve a use that is not allowed within the respective zoning district. (9) That the granting of the variance will not confer special privileges on the parcel in question that are not generally available to other property in the same zoning district. 2

48 APPLICATION REVIEW A similar application was approved for this site in Then applicant stated that the addition was proposed to create access to the 2nd story of the house, as there is no second story above the most easterly portion of the house. This new application also includes a deck and porch off the addition and the addition is now 2 feet wider. The other difference is now the garage is not meeting the setback to the alley. PLANNING COMMISSION RECOMMENDATION The Planning Commission held a public hearing and recommended approval of the request. 3

49 Miles MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Created on 5/8/2014 This drawing is the result of the compilation and reproduction of land records as they appear in various Washington County offices. The drawing should be used for reference purposes only. Washington County is not responsible for any inaccuracies.

50

51

52

53

54

55