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Payne Phalen and other St. Paul district councils play
a key role in determining how a neighborhood changes
and develops. Neighborhood residents and business
owners can influence the land use decisions made at
City Hall. New businesses and dwellings can be
improved with your input. Businesses can operate in a
way that is better for neighbors.
In
most cases land use changes just don’t happen.
Permission has to be obtained from city officials.
District councils work closely with city staff and the
St. Paul Planning Commission, |
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the
Board of Zoning Appeals and the City Council. All of these
folks have a say in what happens in your neighborhood.
They do listen to district councils and other community
input.
District councils are asked to submit recommendations to
these groups. The recommendations are usually made after a
community meeting and vote by the district council and/or
its land use committee. |
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Who
makes which decisions on land use? |
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Four
key groups make decisions in St. Paul. The district
council can make recommendations to all of these groups.
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The
Planning Commission makes recommendations on zoning
changes and community plans to the City Council. The
commission makes final decisions on a number of land
use-related issues including conditional use permits,
non-conforming use permits, determinations of similar
use, small area plans, district plans and variances. The
commission may also conduct site plan reviews as
requested. Planning Commission decisions can be appealed
to the City Council within a 10-day period.
Every district council in the city is required to have a
long-range district plan. District plans spell out an
array of objectives ranging from long-term redevelopment
plans to future capital improvement needs, such as new
or expanded recreation centers and libraries. The city
requires that district plans be updated every 10 years.
Small area plans cover a smaller area than an entire
district. For example, Payne Avenue has been the subject
of specific plans. Small area plans and district plans
are done under the purview of the Planning Commission.
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The Board of Zoning Appeals or BZA makes decisions
on building height and setback, lot coverage and lot
size variances. Variances for signs also fall under
the purview of the BZA. All BZA decisions are final
unless appealed to the City Council within 10 days.
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The City Council has the final say on zoning changes
and on various community plans. The City Council
hears all appeals of BZA and Planning Commission
decisions. While it is unusual, City Council
decisions can be appealed to District Court or to
the Minnesota Court of Appeals.
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City staff make recommendations to the Planning
Commission, BZA and City Council. In some cases,
such as site plan reviews, city staff makes the
decisions. In other cases the appointed and elected
officials receive staff recommendations, which they
can accept, amend or reject.
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Quick tip:
Call your City Council office or check the city’s web
site to find out which land use issues are pending.
Most of these agendas are regularly posted on the
city’s web site. Or you can ask to be notified about
land use issues in your planning district. Your City
Council office or the city’s Citizen Service office
can help you get on notification list. You can also
sign up for free email notifications on some issues on
the city’s
web
site.
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How
do district councils and the public weigh in on a land use
issue? |
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City
staff ask district councils for recommendations on
land use issues. District councils are asked to
recommend approval or denial of matters before the
Planning Commission, BZA or City Council. If approval
is recommended, the district council can also
recommend conditions in most cases. These
recommendations can be submitted in writing or in
public testimony.
Any citizen may also write a letter, send an e-mail or
make a phone call to weigh in on an issue. Citizens
can also testify at public hearings on these matters.
Every land use decision in St. Paul has a public
hearing. All public input is reviewed at the hearing.
Your comments can make a difference |
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Quick
Tip:
Get your input to city officials as soon as possible.
Getting a letter or an email in sooner
rather than later allows more time for your comments to be
considered and studied by city staff. |
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What if
we think a land use change is good idea? |
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Even
if something seems popular, it never hurts to write a
letter or email or make a call in support. |
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Many times when people testify in favor of a land
use change, they focus on issues not directly
related to the land use change. For example, you
may believe the neighborhood needs a new dog and
cat grooming business, and that the business owner
needs a permit to allow her business to open. But
that’s not what the Planning Commission must
consider. The commission must decide whether or
not that’s a good use of land and whether that
business is compatible with the surrounding
neighborhood.
Quick tip:
Keep your comments focused on how a land use
change fits in with other neighborhood land uses,
if you are in support. |
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What if
we think a change in land use is a bad idea? |
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It’s
not effective to make an angry or emotional argument
against a land use change and what you may believe
that will mean for your community. For example, you
may believe that a new store or apartment building
will cause more crime but that is hard to prove.
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Yelling and pounding
the table may make you feel better but it probably
will put people off – especially the
decisions-makers that you want to persuade to your
position.
Base your arguments
on what you can prove. Check the city’s guidelines
for a land use. For example, you may be able to
argue that the proposed variances for a building
would create a structure that is too large and
would tower over its neighboring businesses.
Maybe allowing a
single-family home to be converted into a triplex
would bring too many motor vehicles and too much
demand for parking on your already-crowded street.
Maybe the neighborhood already has X number of
residential in group homes and more would be a
burden.
What will a land use potentially mean for
neighborhood |
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traffic and parking, population density, the look
and feel of the community? Those are the kind of
arguments you can make if you believe a proposed
land use change is not a benefit to the community.
If you can, find out what a similar land use has
meant in other parts of the neighborhood or city.
Quick Tip:
Avoid emotional arguments. Base your arguments, as
best you can,
on facts and anecdotal evidence. |
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How can we make sure a business operates in
a way that is compatible to a neighborhood? |
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Conditions may be placed on some land use changes, such as
conditional use permits. Conditions may be placed on how a
business is operated and maintained. Hours of operation
may be set through conditions. Conditions must be directly
related to a proposed land use.
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For example, all automotive-related businesses in St.
Paul require conditional use permits. An automotive
body shop may be required to store auto parts and
tires inside a building or a fenced enclosure. A
parking lot may have to be paved, striped and fenced.
The building exterior may have to be lit in a way that
provides security yet doesn’t create lighting glare
into the surrounding
neighborhood. |
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Landscaping may have to be added to buffer the
business from residential neighbors. There may be
limits set on how many vehicles can be parked
there at any one time. Hours of operations may be
set through conditions. That’s especially
important if a business could operate in a way
that affects neighbors late at night or early in
the morning. If conditions are not met, a land use
permit can be revoked.
Conditions cannot be put on zoning changes.
Those simply have to be voted up or down. Zoning
changes are granted carefully so that a changed
land use is not incompatible with surrounding land
uses. An incompatible land use is considered “spot
zoning” and is illegal. |
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Quick tip:
If you can, see what conditions have been placed on
similar land uses in
Payne-Phalen or other St. Paul neighborhoods. While
it’s not good to have a one size fits all with every
application, many conditions can be applicable from
neighborhood to neighborhood. |
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Are there
other ways to regulate businesses? |
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What kind of businesses come into a neighborhood and
how those businesses are regulated are also issues a
district council and community can have a say in, in
terms of business licenses. The city staff can
recommend that licenses be denied, be approved with
conditions or simply approved.
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Neighbors and district councils can ask for a
license to be denied, approved or approved with
conditions placed on the business license. The
conditions can include a variety of issues such as
hours of operation, number of off-street parking
spaces, lighting, sale of certain types of
products, number of vehicles parked at a site. The
conditions can be similar to those in a zoning
permit. In fact, some neighborhoods ask that any
BZA or Planning Commission conditions placed on a
permit also be included in a business license when
applicable. |
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License requests have heard by a City Council
legislative hearing officer. It only takes one
neighborhood letter of complaint or concern to have a
license hearing at City Hall. At the legislative
hearing, the district council and the public can
testify in support of or against the license. License
conditions can also be suggested.
District councils can also hold neighborhood meetings
on license requests, prior to action by the City
Council.
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Community Planning & Economic Development (CPED)
Committee
1st
Tuesdays of each month
6:30 p.m.
Arlington Public Library, 1105 Greenbrier (Jessamine
and Greenbrier)
Call to confirm time and place at 651-774-5234.
If you want to get regular e-mail updates on land use
and development in District Five neighborhoods, join
our Neighborhood Leadership Network. E-mail us at
d5-director@paynephalen.org
Check our website for updated event calendars at
Call 651-774-5234
For help with any neighborhood issue. We are happy to
help!
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