Agenda - October 1, 2012
Tuesday, September 25, 2012 7:30 PM

District 10 Community Council

Land Use Committee

Monday October 1, 2012

Java Train



1.    Call to Order, Adoption of Agenda, Approval of Minutes              7:00-7:05

2.    Chair Report                                                                             7:05-7:10

3.    Recycling Business – John Crowson                                            7:10-7:30

4.    Non Conforming Use Public Hearing                                            7:30-7:50

5.    Removal of Trees on Energy Park Drive                                       7:50-8:10

6.    Sholom Home Ad Hoc Committee                                                        8:10-8:30

7.    New Business                                                                                      8:30-8:50

8.    Adjourn                                                                                              8:50




Non Conforming Use Information


The below public hearing notice has stirred up some conversation among other district councils and I wanted to make the committee was notified about it. Please see the forwarded notice under my email. Also below are some notes from Diane Wanner about the potential impact. Many of the councils are concerned about reducing the amount of signatures needed and the impact that will have on consent from the neighborhood. Some of the district councils are discussing appealing it or have appealed it-- attached is one appeal letter from the Summit Hill Association.


From Diane:


The highlighted areas strike me as having the most potential impact.  Amendments to simplify or modify existing regulation Sections that include these amendments are §§ 62.102, 62.104(b), (c), and (g), 62.106(c), (h), (k), and (l), 62.106(a), (c), (d), and (e), 64. 301, and 64.600. Key changes do the following:


1. The Planning Commission is given more flexibility to address nonconforming uses of land.

2. A residential building vacant for longer than one year may be reestablished at the number of units for which it was originally constructed without going through the permit process to reestablish a nonconforming use.  Amendments to change the consent petition requirements


Sections 62.109(a), (b), (d) and (e) would be amended to alter the existing consent petition requirement.  The existing consent petition requirement for nonconforming use permits, that the owners of two-thirds of the properties within 100 ft. sign a consent petition before a hearing can be held, is becoming more burdensome on applicants. Many properties are owned by financial institutions in other states or countries.  Language and cultural barriers also exist in some neighborhoods that make explaining the request more difficult. Since a sufficient petition is a prerequisite for an application to be accepted, those wishing to rehabilitate properties are prevented from making their case at a public hearing if they are not able to obtain a sufficient number of signatures. The commission is recommending reducing the number of signatures from two-thirds to a majority (51%) (to a maximum of 20 signatures) as part of the proposed amendments.


Removal of Trees Information


Energy Park Utility Company has requested a permit to install district heating piping within the south side of the Energy Park Drive right of way between Snelling Avenue and Lexington Parkway. The plan, as submitted, would result in the removal of thirty (30) trees from the public right of way: included are; 28 (28) linden, e.g. 8” – 16" diameter and two (2) Honeylocust, e.g., 9” diameter.  Typically, the Department of Parks and Recreation would recommend against issuing the requested permit because of the impending impact on trees. In meetings with representatives for the permittee and Public Works Right of Way staff, we have discussed limitations imposed on this project because of existing buried utility conveyances in the public way. Some argue the proposed running line is the only viable option available to the permittee.


I have opined that Parks would not be willing to sign off on the project, as proposed, without providing you and other stakeholders (District 10 Community Council, Wellington Group, etc.) advance notice; thereby, allowing you and others the opportunity to "weigh in" before construction begins.  The permittee has given verbal assurances that the replacement of removed trees could be built into the project. Of course, any buried utility in the green space of Energy Park Dive would have to guarantee the mere presence of the utility does not preclude tree landscaping.

District 10 Como Community Council | 1224 Lexington Pkwy N, Saint Paul, MN 55103 | 651.644.3889 | district10 [at]

Site donated by: Havens Design, Matt Schmitt Photography
and UrbanPlanet Software LLC