By a vote of 6-1, the St. Paul City Council approved a developer’s efforts to overturn a Board of Zoning Appeals decision regarding 1963 Grand Ave., effectively greenlighting a five-story apartment building that will be constructed in place of three rental houses near the University of St. Thomas.

Benegas Properties had sought two zoning variances to construct the Grand Row Apartments — with 75 units across five stories — as well as two levels, or 64 stalls, of underground parking. The zoning code allows only four stories on that part of Grand Avenue, but developers Michelle and Ruben Benegas maintained that an extra level of residences was necessary to offset the cost of the second level of underground parking.

Building four stories would limit the development to 61 apartments, with a single level of underground parking, or 32 spaces.

“This option does not require a variance, but given the already limited parking on Grand Avenue, we prefer not to take this route,” wrote the developers, in a written presentation to the city.

They noted that most of Grand Avenue — except for the section from Fairview to Cretin avenues — allows buildings to be erected up to 50 feet or five stories, and there are already 17 apartment buildings on the same city block. The existing, more restrictive zoning from Fairview to Cretin was enacted in 2013.

“We found ourselves in a tricky situation,” said Michelle Benegas, a professor at Hamline University, addressing the council during a public hearing last week.

She said she and her husband live in the neighborhood and will take pains to make sure the new building meshes with neighborhood character. Macalester College is also proposing a five-story building about two blocks away on Grand Avenue, she noted.

After considering an analysis by city staff recommending denial, the Board of Zoning Appeals voted 4-1 on Oct. 28 against their request for a fifth story and against a request for relief from floor area ratio requirements. The developers then filed an appeal to the city council.

Terry Fisher, a Summit Avenue resident who lives directly behind the property, told the council last week that with the site’s sloping topography, the new building may exceed 50 feet in height just 10 feet off the back alley.

“Setback is a big difference for me,” he said. “It’s going to block lighting, it’s going to block air, it’s going to create noise.”

Another neighborhood resident said each unit would likely draw students, so the project could bring in more than 60 cars.

Council President Mitra Jalali, who represents the area, motioned Wednesday to grant the developer’s appeal of the Board of Zoning Appeals decision, calling a five-story building “the highest, best use as proposed.”

Jalali noted that for the purpose of counting project density, city staff had included part of the alley itself. Excluding the alley from the calculation would yield a different lot size, one that creates more of an undue burden on the developer.

“The applicant is saying if the lot were larger, it could accommodate (more) parking,” she said. “I just think these errors are procedural.”

Jalali’s motion was approved 6-1. Council Member Rebecca Noecker cast the sole dissenting vote without further comment.

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