HomeMy WebLinkAboutSept 26 2008 Graceview Attorney Letter9-26-2008
From: Kipp L Dubow, Spokesperson, Graceview Estates Community
St. Joseph Planning Commission
Attn: Judy Weyrens
PO Box 668
25 College Avenue North
St. Joseph, MN 56374
Re: Zoning Change and SUP for Graceview Estates.
Dear St. Joseph Planning Commission,
This letter is on behalf of the residents of Graceview Estates (Graceview Estates Community or GEC)
regarding the proposed re-zoning of Outlot A, Graceview Estates 2. The GEC requests that the St. Joseph
Planning Commission (Commission) deny the rezoning of the Outlot A from Rl, single family to R3,
multiple family and turn down any request for a new Special Use Permit (SUP) for the property. It is
within the Commission's authority to deny approval of the rezoning application. The Commission should
deny the application for re-zoning because of the dire results such a re-zoning will have on the safety,
economic wellbeing and way of life of those who live in Graceview Estates, as well as the impact that
issues of liability raised by the eventual development will have on City of St. Joseph as a whole.
In order for the proposed development to move forward the track must be rezoned from single family to
multiple family.t Further, the City attorney recently concluded that "any right [S&H may have had] to
construct multiple dwelling of more that 12 units in an R3 terminated when the special use permit expired
and became void." 2 Accordingly in the opinion of a neutral third party attorney, this commission must
authorize the re-zoning of Outlot A and a new SUP in order for the development to move forward. The
City attorney also clearly stated that this Commission could act in the best interest of St. Joseph's
residents and forgo authorizing the new zoning designation.3 It's apparent that pushing through this
development seems to create a considerable amount of legal instability.
Beyond the legal uncertainties Graceview Estate's residents share a number of urgent concerns that are
driving the community to take action. First and foremost, the zoning change is a threat to the safety of
neighborhood families. S&H Partnership's plan includes 85 new units and 32 permanent parking spaces.
This will result in an immediate increase in population and traffic. While a massive increase in population
density is unsettling, the certain increase in traffic is untenable. The roadways in Graceview Estates are
already dangerously overburdened. Fourth Avenue Southeast was designed to hold 1,100 cars per day.
The most recent traffic count indicated that 4~' Ave. was already carrying 2,500 cars per day 4 In a
t Memo. from Thomas Javanovich and Lori L. Athmann, Rajkowski Hansmeier Ltd., to Judy Weyrens, Administrator City of
St. Joseph, re S&H Development (August 20, 2008, updated September 5, 2008) (Copy on file with City of St. Joseph).
2 Memo. form Thomas Javanovich and Lori L. Athmann, Rajkowski Hansmeier Ltd., to Judy Weyrens, Administrator City of
St. Joseph, re S&H Development/Graceview Estates (September 24, 2008) (Copy on file with City of St. Joseph).
3 Memo. from Thomas Javanovich and Lori L. Athmann, Rajkowski Hansmeier Ltd., to Judy Weyrens, Administrator City of
St. Joseph, re S&H Development (August 20, 2008, updated September 5, 2008) (Copy on file with City of St. Joseph).
4 Judy Weyrens, 5t. Joseph City Administrator.
community packed with young families a massive increase in vehicle traffic creates an unreasonable
safety risk.
Second, the proposed rezoning will cost each and every Graceview Estates resident thousands of dollars
in home value. The United States is in the midst of a historic downturn in housing markets. Ahigh-
density development within Graceview Estates will decrease already depressed property values for the
preexisting homes. The proposed development coupled with current market conditions represents an
unforeseeable blow, which without further action, will be born by GEC residents alone.
Third, the residents of Graceview Estates were drawn to their homes because St. Joseph provides a vibrant
small town community. Graceview Estates represents the rare place in today's world where people feel
welcome to walkup to one and other's front door. Unfortunately, the proposed re-zoning confronts the
very foundation upon which Graceview residents' chose to build their homes and raise their families.
To top it off a vast majority of homeowners in Graceview Estates were told that Outlot A would never
have apartments buildings constructed on it. Some were told directly that there would be no apartments.
Many were told that there was a gas line running under Outlot A making multi-family development
undesirable, if not impossible. Finally, a sign put up by a developer in front of the disputed lot included a
variety of building options -but no mention of apartment buildings s Every one of these guarantees was
supported by the fact that Graceview Estates was only zoned for single-family housing. Knowledge that
Outlot A could possibly be re-zoned would have prevented most of Graceview Estate's residents from
purchasing their homes. Homebuyers made their decisions based on inaccurate information. Accordingly,
the development of Outlot A with apartment buildings will raise liability issues that would vex the Ciry of
St. Joseph for years.
The Graceview Estates Community understands the proposed re-zoning and subsequent development to
be a direct threat to their family's safety, their long-term economic wellbeing and their way of life. The
intense level of unrest is forcing residents to look at this matter as a long-term problem and search for
solutions beyond decisions rendered by local government. To put this matter to rest the GEC requests that
this counsel deny the application to re-zone Outlot A from R-1 single family to R-3 multiple family and
deny any request for a new SUP. If the Commission decides that re-zoning and the granting of a new SUP
Graceview Estates is appropriate, despite all evidence to the contrary, then the GEC requests a finding of
fact providing the reasoning behind the Commission's decision.
Sincerely,
,~%/_~
Kipp L Dubow, Juris Doctor
Spokesperson, Graceview Estates Community
4148 32nd Avenue South
Minneapolis, Minnesota 55496
cc: Sarah Pennings
s See attached picture.
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