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89-565 v WHI7E - C�TV CLERK PI.NK - FINANCE COLII1Cl1 �� /�� / CANARV --.DEPARTMENT GITY O AINT PAUL ��- � BLUE - MAVOR . . Flle NO. L��a� - , Co nc l esolution ►5�� , Presented By Referred To Committee: Date Out of Committee By Date � Whereas, The City Council a firmed the decision of the Planning Commission regarding the re-es ab ishment of a non-conforming use for � property at 719 Blair Avenue, S in Paul , Minnesota, owned by Melvin B. � Merriewether, and specifically c nditioned the approval of the re- establishment of the non-conf r ing use upon the owner/applicant's � immediately obtaining the r qu ' red building permits, commencing � remodeling work immediately, an c mpleting the remodeling work , except !� for the exterior work which may e delayed on account of weather, within W� three months of the date of the a option of the resolution; and Whereas, The resolution, C. . 88-1681 , was adopted October 20, 1988, and the owner/applicant h s now requested an extension of time to complete the interior remodeli g; and Whereas, The owner/applica t as indicated that he will comply with all of the conditions set for 'n resolution C.F. 88-1681 , but will require additional time to com 1 e the remodeling of the first floor to accommodate the office and ea ty salon; now therefore be it Resolved, That the Council d es hereby grant the request of Melvin B. Merriewether, and therefo e the required time to substantially complete the remodeling work re u red for the salon and office shall be extended to no later than June 1 , 1989 ; and be it Further Resolved, That t i resolution shall not be effective unless Melvin B. Merriewether s al l fi le with the City Clerk his written agreement to be bound by the te m of this extension of time; and be it Further Resolved, That a op of this resolution be mailed by the City Clerk to Melvin B. Merr e ther, the Planning Commission, the Zoning Administrator and the P an ing Division. COUNCIL MEMBERS Requested by Department of: Yeas Nays __ Dimond t.o� _� In Fa r Goswitz Rettroau 'r' B Scheibel Again t y Sonnen Wilson �PR _ J� ,� Form Approv d y City Attorney Adopted by Council: Date Certified Pass b ncil yic�etar BY— \� gy, )� � Ap rov by Ma or. Date AP � �9 Approv d b Mayor for Submission to Council � gq. - � BY PUBlfS1i�D �E'`� � =� � - � (RETURN TO JERO E EGAL AFTER ADOPTION) WHITE - CITV CLERK / /� PINK - FINANCE COUIICII a/r-�� CANARV - DEP4RTMENT GITY O AINT PAITL File NO. a � BLUE - MAVOR - Counci esolution Presented By Referred To Committee: Date Out of Committee By Date Whereas, The City Council af irmed the decision of the Planning Commission r.egarding the re-est blishment of a non-conforming use for property at 719 Blair Avenue, Sa 'n Paul , Minnesota, owned by Melvin B. Merriewether, and specifically c nditioned the approval of the re- establishment of the non-confo m ng use upon the owner/applicant's immediately obtaining the re uired building permits, commencing remodeling work immediately, and c mpleting the remodeling work , except for the exterior work which may e elayed on account of weather, within three months of the date of the ad ption of the resolution; and Whereas, The resolution, . F 88-1681 , was adopted October 20, 1988, and the owner/applicant ha ow requested an extension of time to complete the interior remodelin ; nd Whereas, The owner/applican h s indicated that he will comply with all of the conditions set forth i resolution C. F. 88-1681 , but will require additional time to . comp et the remodeling of the first floor to accommodate the office and b u y salon; now therefore be it Resolved, That the Council oe hereby grant the request of Melvin B. Merriewether, and therefore t e required time to substantially complete the remodeling work req ir d for the salon and office shall be extended to no later than June 1 , 989 ; and be it Further Resolved, That th s resolution shall not be effective unless Melvin B. Merriewether sh 11 fi le with the City Clerk his written agreement to be bound by the ter s f this extension of time; and be it Further Resolved, That a co y of this resolution be mailed by the City Clerk to Melvin B. Merri e her, the Planning Commission, the Zoning Administrator and the Pla ning Division. COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond ' ��g In Favor Goswitz Rettman Scheibel A gai n s t BY Sonnen Wilson Adopted by Council: Date Form Approv d y City Attorney �' Certified Passed by Council Secretary BY— � /� f By e.....,...6,1 1.., �il.,..... �... c..1,....��..,.. ►., f`.,.....-:t ' (RETURN TO JEROM EGAL AFTER ADOPTION) WHITE - CITV CLEFiK COU�ICII P�NK - FINANCE CANARV - DEPARTMEN T G I TY O A I NT PA iT L �� BIUE - MAYOR File NO• Counc esolution Pcesented By Referred To Committee: Date Out of Committee By Date Whereas, The Ci�� Council ffirmed the decision of the Planning Commission regarding the re-est 1 shment of a non-conforming use for property at 719 Blair Avenue, Saint Paul , Minnesota, owned by Melvin B. Merriewether, and specifically o ditioned the approval of the re- establishment of the non-confor i g use upon the owner/applicant's immediately obtaining the req i ed building permits, commencing remodeling work immediately, and o pleting the remodeling work, except for the exterior work which may b d layed on account of weather, within three months of the date of the do tion of the resolution; and Whereas, The resolution, C. F. 88-�1681 , was adopted October 20, 1988, and the owner/applicant has n requested an extension of time to complete the interior remodeling; a d Whereas, The owner/app 1 i cant ha i nd i cated that he wi 1 1 comp 1 y w i th all of the conditions set forth 'n resolution C. F. 88-1681 , but will require additional time to compl te the remodeling of the first floor ta accommodate the office and bea t salon; now therefore be it Resolved, That the Council d es hereby grant the request of Melvin B. Merriewether, and therefore th required time to complete the remodeling work required for the al n and office shall be extended to no later than June 1 , 1989 ; and b i Further Resolved , That this r solution shall not be effective unless Melvin B. Merriewether shal f ' le with ttie City Clerk his written agreement to be bound by the terms o this extension of time; and be it Further Resolved, That a copy o this resolution be mailed by the City Clerk to Melvin B. Merriew th r, the Planning Commission, the Zoning Administrator and the Plann � n Division . COUNCIL MEMBERS � Yeas Nays Requested by Department of: Dimond �ng In Favor Goswitz Rettman B Scheibel A gai n s t Y Sonnen , Wilson Form Ap ro ed by City A4 or ey Adopted by Council: Date / Certified Passed by Council Secretary BY� / / g�. A► roved by Ylavor: Date A �pr ved by Mayor for Submission to Council PP � - ��-.�t� � s��*�. CITY OF SAINT PAUL �;�� _ '��- OFFICE OF THE CITY ATTORNEY °� u�u�nm �= `'• 1° �0° ,:�` EDWARD P. STARR, CITY ATTORNEY ;. ',.. , �°"�:ti„�,�°,'�>>°�� 647 City Hall, Saint Paul, Minnesota 55�02 612-298-5121 GEORGE LATIMER MAYOR March 22 , 1989 RECEiVED �IAR� 3�98g ClTY CL'��E� Mr. Albert Olson City Clerk 386 City Hall Dear Mr. Olson: The City Council was reque t d by Melvin B. Merriewether to extend the time required o im to complete the interior re- modeling of the structure t 719 Blair Avenue for an office and beauty salon. The Cit ouncil did consider this matter at its meeting on Thursday, M rch 19th, and directed that our office prepare a resolution x ending the completion time until June l , 1989. I have prepared two resolut ' o s to be considered by the City Council . The only differen e between the two resolutions is that in the fourth paragra h, the first Resolved paragraph, it is stated that the wor hall be substantially completed no later than June l , 198 , and the second resolution just states that the work shall b completed no later than June 1 , 1989. The distinction between the t o is that in the event the majority of the work has been complete y June 1 , 1989 , Mr. Merriewether would be in compliance wit he resolution and the Building Code Division would be permi t d to allow him to continue with his remodeling work without an further extension made by the City Council . I suggest that when the reso u ion has been placed on the City Council Agenda that Mr. Mer ie ether be notified of that date so that if he wishes he m y appear before the City Council to present any concerns that h may have . You will note that the resolution requires tha Mr. Merriewether shall file a written agreement to be bou d by the terms of the extension of time set forth in the r so ution and you should call that to his attention if you do mai notice to him. I am providing a copy of t i letter and resolutions to Jan Gasterland, the City' s Build'n Code official so he is aware of the circumstances . WMITE - CITY CLERK F�INK - FINANCE G I TY O SA I NT PA IT L Council / CAtJARV v OEPARTMENT '-{/� BLUE - MAYOR File NO. r`G � Coun 'l Resolution Presented By Referred To Committee: Date Out of Committee B Date Whereas, The i�� Council a firmed the decision of the Planning Commission regarding the re-es ab ishment of a non-conforming use for property at 719 Blair venue, S in Paul , Minnesota, owned by Melvin B. Merriewether, and spec 'fically c nditioned the approval of the re- establishment of the n -conf rm ng use upon the awner/applicant's immediately obtaining t e r qu red building permits, commencing remodeling work immediately�,� an c mpleting the remodeling work, except for the exterior work which m�y e elayed on account of weather, within three months of the date of th� ad ption of the resolution; and Whereas, The resolution, `., . 88-1681 , was adopted October 20, 1988, and the owner/applicant h s '' ow requested an extension of time to complete the interior remodelin ; �x�d Whereas, The owner/app 1 i can as ��-nd i cated that he wi 1 1 comp 1 y w i th all af the conditions set fort i resplution C. F. 88-1681 , but will require additional time to comp e e the `'remodeling of the first floor to accommodate the office and b au y salon.; now therefore be it Resolved, That the Council o s hereby g�ant the request of Melvin B. Merriewether, and therefor he requir��i time to complete the remodeling work required for th s lon and off�i.ce shall be extended to no later than June 1 , 1989 ; and e it Further Resolved , That th s resolution shai.l not be effective unless Melvin B. Merriewether sh 11 fi le with the Ci�y Clerk his written agreement to be bound by the ter s f this extension of time; and be it Further Resolved , That a co y of this resolution be mailed by the City Clerk to Melvin B. Merrie e her , the Planning Commission, the Zoning Admir�istrator and the Pla ning Division. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �ng In Favor Gnswitz Rettman B �he1be� _ Against y Sonnen Wilson Adopted by Council: Date APR -�t 1989 Form Ap ro ed by City A or ey Certified Yass y uncil r�� By By A►pproved 14av • D _ A r ved by Mayor for Submission to Council B ^ BY ,�;� ..., _ . . , . _ , . , . �.. WHITE -�.CITY�CIEFK � - .., � . ' . � - � � , . � � - . � � . � . . PINK �'-'FINANCE . �G I TY O �� SA I lYT -�PAU�L CO1"cil � /� ` � � C#NARV.�DEP�ARTMENT `('�� j/�j`b � � .�BLUE -�MAVOR ... ' FZ�Q NO: �• �`��`�� . .. '';. .:. . / � Cou� l R esolution �� Presente�i By '-.Referred To Coatmittee: Date �.: Dut of> mmittee By Date Whe r�as, The C i ty Counc i l a 1 rmed the d�i s' an of the P��nn i n8 Ca�mmi�s i an regardi ng th� re-as b i shmant of a -conform�ng ��e for- pt-operty at 719 Blair A�enus: 1n Paul , Mi� a, own�ed by Me1v1n B. ` � �srriewether,; and spec?�icaliy c nditioned t approvei of ti�e re- ` e�tabltshment of the non-co�f n� r�9 use up the owner/applicant's ,. i�ed i ate 1 y obtai n i r�g the r u red b�t i 1 d na permi ts, ccm�►enc i ng ` re�node 1:1 ng woi`k i r�med i ate l Y. � � l�t i ng he r-emode3 i n�: work, .�xc+�t = fcsr the exterior work rrhlch may elayed accaunt. of aeather~, w�thiri _ tt►ree months of the dat;� of the ad t i on the reso'i ut i�n; and �� • p Whereas, The resr�lution, ; .F 88- SBi , w�s edoprted actob�er 20, ,��-- 1�.�, and the owner/applica�t ha r uested an extension of time �o . cot�plete the interiar remodelin ; nd � �fhereas, The awne r/app 1 i can h s nd i cated Lhat he w t 11 comp:l y w i th all of the conditions set f`orth i esolutiaM �.F. .88-168i , but will require addltional time to com�p et the remadelin� of the first ftoor to accanunada�e the of f i ce and b� u �e i�n; now the ref o re be i t Resotved, That the Council hereby grant the request of Melvin B. Merriewethsr, and therefore t e �equired time to complete th� rem�deling work required for the s lon ar�d office shall be extertded to no later than June 1 , 1989; and e t Further Resolved, Thst t i esolution sha11 not _be �ffective un1eas Melvin B.. Merriewether a 1 i le with th$ City- Clerk his �vritte�t agreement to be bound by the t f t�rie extension cf t�nse; and #�e i� Further Resolved, That co f this resaiut#on be ma� 'ted �y the City Clerk to Melvin B. M rr�e et er, th• Pl.anning Commis�ior�, the_ Zc�ing A�ninistrator and th P1n 1 g Division. ., COUNCIL MEMBERS � Requested by Department of: Yeas Nays Dimond �� [n Favor coswitz O Rettman ' ��i� Against BY , - . Somm� _ Wilson ' �� —,� (� Form Ap o ed by City o ey Adopted by Council: Date � � ,. Certified Pass b uncil cr ry BY ; i - By . (. Approved by 1Aavor: Date A ved by Mayor for SHbmission to Council By BY � _ . , WHITE - CITV Cl=$R'K . _. ... '.-�„_. ...- � � . 3 �, . .. . PINK - FINANCE �COlIRC1I ('/, CANARV - OEPARTMENT GITY OF INT PAiTL �J BLUE - MAVOR F�Ie NO. �� "� . . Cou�cil esolution Presented By Referred To Committee: Dafe Out of Committee By Date hff3ereas, Th�, C�€ty C�►unc�i 7 a �P i a�d �th� �iec i�i on c�f t�� f�1�nn i r�g �u�1��ivn regarding the re-est�#a � #�t+�nt of � n+�n-- nformic�� us� �Por pro�rer�y �t '1 f� 81�i r Av�nue� S�S t �u i , M i nrte�a L;� ra��ed b,� N!�l v i n 8. Me�-r i�wether, �nd sp�c i#`i ca�� n �i�i c�ned t,h� prav�1 c�f tt� re� ..: e�tab l i eh�e�t �f t�,e ntm-c�nfo �i n us+� u�crr� cs�erl sRP 1 �i cant'� i�nedietaly ot�t�►inir�� th� fi8+� ir d tsuilding p+�rt�ts, co�m�ancit�g remoti�ii+n� work in�c33ate1y, ant3 1��ing tt�e �o+�3e31ng wr3rk, ex�ept fc�r t� c�xt�rior� �rork �vt�ich tr�y t� de �yed on � ,�nt o€. r�e�t�►�r-, within thre� �ariths of the �a�te of tha � � i�r� of L resr�itit �nr�,- and V�h��s, Tha r�scslutrtc��►, �. . �:��-- 1681 t�� €�do�ted �t�r 2U. _ . � • i��38, �n�1 the c�na-r��-r�ilc��t ha, r �n e�t.en��on �+f tim� ��i� Gc�tna i�t� t#� i t�ter i€ar ram4ti�1 i�cg; - � , i�thsr��, The a�rner�/�3 ��$r�C � i r�d c��tt�d th�t he w i l � ccnnp�y �� al,�. �f �t� c€�ndit�ic�n� ��t fcir�h n re� uticxr �.F.. �t�-ifs�t, ta�t �i� l ,�e�qu i re a�J i t i ana 1 t i►ae � co�t e t r��i r►g r�f tl�e f#r��t f 1�ar trs a�com�acxi�tra thr� aff i c� and b�ta t s on;' ruw� tM��+a�ar� F�e i t . Re��t v�sf, That �he C€:un�� 1 d �� h r�bye gr�t �� r�c�u��t df i��-v'i n E3. �►ter��ie�re�#aer, mns� therefc�re th raquire��# ti�e t� Gr�lete �he rear�de 3 i ng wEork requi red for tt►e e a a�nc# �ff 1 ce �ha l 1 be �.xt�s��le� ta no 1 at�r- �h�n June 1 , ��; ar��f !� �ctrttker R��alv��i, 7hst Lhi ��vlutic�r� sh�►11 not t� ��f�sctiv� unles,� Melvin B. trtcarrieweth�r- st�ali il+� �riLh tt►e ��ity� �ler� h�.� writ:tet� agre�es�t tc� t►►e bo�rn� by the ter� �ca ��i� �xt�ns i un of t 1�►e; a�nd b� i L F�trth�r Re�sol�ed. '�I�t a �c� f th�t3 :r�e�lcit�an b� ��i l�d �y the City Cl�ar�; t� IYle�vin �i3. yhl�rri �r, th� f�l�nntng �t�f��1�ri, �he �oning AcMnin��tr�t�� us�d th� P1 : �i g G�v#sior�. / , � � r - COLTNCIL MEMBERS � Requested by Department of: Yeas N� ,�..-�; Dimond ,'� Long [n Favor Goswitz �� Rettmen ��i� Against By Sonnen Wilson �R _ � �� Form Approved by City A,tCorney Adopted by Council: Date Certified Passed by Council Secretary By 1 j ' B `l� �/;�`t l `� ' �.��Yw/ �� .. . . .. . . . . 5� A►pproved by Navor: Date Approved by Mayor for Submission to Council By By - . � �� 2ECEIVED APR 241989 APRIL 20, 1989 TO: THE CITY COUNCIL CITY CLE�K FROM: M. H. MERRIEWETHER -------------------------- -- ---------------------------------- WHEREAS, M. B. MERRIEW TH R (BEN) FILED FOR AN EXTENSION OF TIME IN AN EFFORT TO COMPL W TH RESOLUTION C. F. 88-1681, ADOPTED OCT 20, 1988, THE FOLLOWIN A E PRESENTED: 1 ) I WAS AT N IME, BY A N Y MODE OF COMMUNICAT- ION, IHFORMED THAT THE CIT C UNCIL WAS TO COHYENE TO DETERMINE THE OUTCOME OF BEN'S REA ES FOR AH EXTENSIOM! EVEN THOUGH IT WAS LAID OVER. BUT, AS NDERSTAND IT, THERE WERE SEVERAL PEOPLE WHO WANTED TO KNO " HY WASN'T MERRIEWETHER NERE"AT THE MEETIHG. IF I WOULD HAVE NO , WHAT SO EVER, THEN, I WOULD HAVE BEEN AT THE MEETING (FILE 8 -565) . 2) FURTHER, I F EL THAT THIS ERROR IN PROCESS tITEM #1 ABOVE) ALTERED THE OUTCOME OF THE 89-565 COUNCIL MEETING T� MY bISADVANTAGE. 3) THE COUNCIL. ES LUTION THAT I RECEIVED ON APRIL 7TH 1989, OR SO, IS FOR 7 9 BLAIR AVENUE. IT SHOULD BE FOR 856 EDMUND AVENUE. 4) WITH THE ERR R N PROCESS AHD THE ERROR IN THE CITY SAINT PAUL'S COUNCIL RE O TION, ADOPTED BY COUNCIL APRIL 4, 1989, AND APPROVED BY MAYO RIL 5, 1989, I FIND IT DIFFICULT, AT BEST, TO BE B O U N D B THE TERMS OF THE EXTENSION OF TIME. HOWEVER, LET IT BE KAi W THAT IN SPITE OF THESE THINGS, I WILL LABOR AT MY RULLEST C PACITY TO COMPLY WITH THE TERMS OF COl1NCIL RESOLUTI�N #89-565 ALSO, PLEASE BE ADVIS D THAT OUR PLANS HAVE CHANGED FOR THE FIRST FLOOR OF 856 EDM N AVENUE. MORE SPECIFICALLY, THE PROPOSED HAIR SALON HAS BE N DELETED. FURTHER, THE ENTIRE FIRST FLOOR IS TO BE UTILI2ED FO N OFFICE. THIS CHANGE BRINGS ABOUT A DECREASED CALCULATED PAR I G REOUIREMEHT BY ABOUT FIVE VEHICLE5 AHD ALLOWS FOR AN EARLIER C MPLETION TIME OF THE PROJECT AS A WHOLE. _..__,_.��-`-� ��. �`~ �'v� � M LVIN B. MERRIEWETHE:R 719 BI.AIR AVENUE SAIN7' PAUL, MINNESOTA (612) 298-0831 55104 � �.�5�� i Sci�l T_ i ' �-- �� U 'ITE - C1TV CIERK VK - FINANCE GITY OF S I � T PAUL Council �//�//J� � NARV -' DEPARTMENT FI1C NO. `J • ��' UE - MAVOR • • � , Co ncil e olution (�i� . � •esented By Referred To Committee: Date Out of Committee By Date Where�s, The City Council affi m d the decision of the Planning Commissian regarding the re-establi hm nt of a non-conforming use for property at 7t9 B1�i1� A��nu�, Saint au , Minnesota, owned by Melvin B. Merriewether, and specifically con it 'oned the approval of the re- establishment of the non-conformin se upon the owner/applicant's immediately obtaining the requir d . building permits, commencing remodeling work immediately, and com le ing the remodeling work, except for the exterior work which may be de a ed on account of weather, within three months of the date of the adop i n of the resolution; and Whereas, The resolution, C. F. 88 1681 , was adopted October 20, 1988, and the owner/applicant has no r quested an extension of time to complete the interior remodeling; an Whereas, The owner/applicant ha i dicated that he wi11 comply with all of the conditions set forth in re olution C.F. 88-1681 , but will require additional time to complete th remodeling of the first floor to accommodate the office and beauty s lon; now therefore be it Resolved, That the Council does he eby grant the request of Melvin B. Merriewether, and therefore th equired time to substantially � complete the remodeling work require f r the salon and office shall be extended to no later than June 1 , 19 9 and be it Further Resolved, That this r s lution shall not be effective unless Melvin B. Merriewether shall il with the City Clerk his written agreement to be bound by the terms o t is extension of time; and be it Further Resolved, That a copy o his resolution be mailed by the City Clerk to Melvin B. Merriewet er the Planning Commission, the Zoning Administrator and the Plannin ivision. COUNCIL MEMBERS equested by Department of: Yeas Nays __ Dimond F ��g � In Favor Goswitz Rcttman G scheib�i Against BY Sonnen Wilson A�� _ 4 �� orm Approv d y City Attorney Adopted by Council: Date Certified Pass d,�bX uncil etar BY— � ' ' By � v=% � ` Ap � j�$� pprov d b Mayor for Submission to Council Ap rove by Ma or. Date ' � - . By BY . . --- �'� ��3 . ;� ��, . ; , � ��' ,�_;. To: the CITY COUNCIL OF ST. P U �� From: M. BEN MERRIEWETHER 719 BLAIR AVE. ST. PAUL, MN. 55104 REFERENCE: COUNCIL FILE #88- 68 DEAR COUHCIL MEMBERS I AM WRITII�IG IH RESPONS T THE FEBRUARY 24, 1989 LETTER OF' JAI�I GASTERLATID, 20TIING ADMIN ST ATOk. ITI THAT LETTER, THE ATTENTI�N WAS FOCUSED UPON I EM #3: ALL BUILDING PERMI S EOUIRED BY LAW BE IMMEDIATELY OBTAINEU AHD REMO EL HG W�RK SE COMMETICED IMMEDIATELY AND COMPLETED WITH AI HREE (3? MOIITHS OF THE DATE C►F ADOPTION OF THIS R S UTION. MYPLAN <------------------- - -------------------------------«< THE PLATI OF ACTION THAT I CHOSE TO PURSUE WAS TO: 1 > COMPLETE THE R TI AL UhIITS FIRST (DOAIE> . � 2) COMPLETE THE R A ESTATE PORTION SECOTII7LY ( BY 4/15/ 89) . 3) HAVE THE CURB N GUTTER RESTORED AT VICTORIA ATID PROVIDE A PAV D PARKING AREA IN THE REAk LOT (WEATHER PERMI T NG, COMPLETED BY 5/30/89) . 4) COMPLETE THE I SALON (BY 7/31/89) . AIOW I AM AIOT A PROFESSIONAL IAt RESTORING BUILDINGS, NOR AM I THE MOST WEALTHIEST MAH. B T, I AM COMMITTED ME�ITALLY, PHYSICALLY, AND FIAIANCIALLY T THE COMPLETION OF THIS PR0.7ECT. THIS DRAWS ME TO TWO POINTS• A MY ITIITIAL PROJECTION OF THE TIME 11EEI7ED TO COMPLETE THIS PRO EC WAS AT BEST A CRUDE "GUESSTIMATE" ( I HAD NO EXPERIENCE IN THI A EA II1 WHICH TO BASE MY TIME FRAME UPON) ; B> DO TO FINANCIAL CO STRAINTS ON THE PROJECT, I CAN'T HAVE EVERYTHING DONE AT ONIC ( AM IN THE MIST OF REFINANCING THE PROJECT IN AN EFFORT TO C NS LIDATE ANU FREE UP SOME E(dUITY IN WHICH TO COMPLETE THE PRaJE T> . YES I ADMIT THAT I AM I VIOLATION OF ITEM TIUMBER 3 (EVEH THGUGH IT IS N U T AN INT N IUNAL VIuLATION) . BUT, SINC;E THERE IS A 18U UAY RESTRICTION P N PERMITS ANU I vIUN'T ANTICIPATE COMPLETIHG THE SALON UNTIL ID SUMMER OF 1989, THE11 IT WAS NOT FEASIBLE TO TAKE OUT ALL PE M TS AT THE INITIAL GRANTIHG OF THE NCU ( 10/24/88) . NOTE: "I DI AKE OUT ALL PERMITS TO COMPLETE THE BUILDING EXCEPT FOR THE H IR SALON. THAT PAkT WAS SUPPOSEU TO BE COMPLETED LATER A D WAS NOT INCLUDED IN THE 90 DAY RESTRICTIOId 1 " IF AAIYOIdE REVIEWS THE VI ED TAPE OF THE OCT 12, 1988 COUNCIL HEARING, ZT WILL BE PLAIN O EE THAT THE BEAUTY SALON PORTION OF THE PROJECT WAS N�T PART O T E 90 DAY TIME CONSIUERATION. IF I WOULD HAVE UNDERSTOOD IT T B SO , THEN I SURELY WOULD HAVE MADE OBJECTION TO THIS TIME FRA E OR THE REASONS OF: o I WORK A 40hr PE WEEK JOB. �(.,Sp �M `Lr�I�GL►ED 1� � o I AM A FAMILY MA . �� -Ti�� MA '�ti�s D�� o I RUN A SMALL BU IHESS. Q(Lp(,y��(, �� MA��M�IJ�! o I AM IHVOLVED WI H COMMUNITY AND CHURCH ACTIVITIES. WHICH ALL EOUATES TO A DEC E ED LEVEL OF UNALLOCATED SUPPLY OF T I M E. IT IS MY IHTENTIO COMPLETE THIS PkOJECT AS OUICKLY AS POSSIBLE. BUT, I RESPE T LLY PETITIOH THAT YOU GRANT THE MAXIMUM EXTENSION THAT IS PO SI LE IN AN EFFORT WHICH WILL ALLOW ME TO ESTABLISH THE TWO BUSI E USES AT 856 EDMUMD. thank you, ,-/, / _ �� .r�/ � � � _ ;% _- . � __ � �� _ ROS E L. M RIEWETHER M. BEN MERRIEWETHER --' � � OWNERS OF 856 DM HI7 AVENUE C(pIZ� ��g-��3j C�M � ST. PAUL, MN 55104 � cc: Jan Gasterlend Zoning Administrator WNITE ; CITY CLERK � � ' /k � ��1nA� GINK — FINANCE ' COIIIICII �'' " " — CANARV — DEPARTMENT GITY OF INT PAUL � � C'tUE - MAVOR � Flle NO• � � � , � Council esolution �d-,; ,� Presented By Referre To Committee: Date Out of Committee By Date WHEREAS , Melvin B. Mer ie ether, 719 Blair, Saint Paul , M1V 55104, made application the Planning Commission of the City of Saint Paul for permi s 'on to re-establish a legal non- conforming status of a struc u e to allow a beauty salon and real estate office at 856 E mu d, St. Paul , legally described as Lot 15, Block 4, Syndicate No 2 Addition to the City of Saint Paul , Ramsey County, State o innesota, pursuant to the pro- visions of Section 62. 102 of t e oning Code; and WHEREAS , following a pub ic hearing conducted by the Zoning Committee of the Planning C ission with notice to affected property owners, the Planni g Commission by its Resolution Number 88-57 , adopted Rugust 2 1988 , approved the application for change of non-conforming s subject to the conditions that the curb and gutter be rest r to Victoria Street, and that the parking area be paved, ba e on the following findings made and determined by the said Co is ion: 1 . The applicant propos s to establish a 3-chair beauty salon and real esta e office on the first floor and two apartments on the 2n floor of the existing building. . : The beauty salon is a personal service establishment and with conditions i irst permitted in an OS-1 zoning district. A real es at office is also first permitted in an OS-1 zoning dis ri t. 2. The last use to occ y the lst floor appears to have been an antique sto e, and the last occupancy permit issued was for a stor a d two apartments in 1982. COUNCIL MEMBERS Requested by Department of: � Yeas Nays Dimond ��g In Favor Goswitz Rettman B sche�bei _ Against Y Sonnen Wilson Form App ed by City Attorney Adopted by Counci(: Date — Certified Vassed by Council Secretary By ` 16-''��'� B� Approved by A+lavor: Date _ Appr ve by Mayor for Submission to Council By BY , ��'-��' •�` 3 . The previous non-confo mi � use has been discontinued in excess of 365 days, and it i n cessary to obtain approval of the Planning Commission in order o re-establish a non-conforming use. The building is designed to be a commercial structure and would require considerable structu a changes in order to accommodate typical uses permitted in th R -2 zoning district. 4 . The proposed use is equll y appropriate or more appropriate to the district than the prev' o s use. The present combination of uses would be first permitted in an OS-1 district, and the previous non-conforming use is first er itted in a B-1 district. 5. The proposed use does no a pear to impair the health, safety, morals and welfare of the c m nity, and is consistent with the reasonable use and enjoymen f the adjacent property because neither of the proposed use ill , as a general rule, generate large amounts of traffic or i e. Whereas , Pursuant to the pr vi ions of section 64.205, John F. Nieszner, 854 Edmund Ave. , St. Pau , n. 55104, duly filed with the City Council his appeal from the de is on of the Planning Commission, requesting that a hearing be held to determine whether the Commission had committed any error of fact or p ocedure; and Whereas, Acting pursuant to t e provisions of section 64 .205 through 64. 208, and upon notice to a pellant, the applicant, and other affected property owners , a publi earing was duly conducted by the City Council on Thursday, October , 988, where all interested parties were given an opportunity to be he r ; and Whereas , The Council , havin� ea d the statements made, and having considered the application, the re ort of staff, the minutes and findings of the Planning Commissi n does hereby make the following determination: Resolved, That the Council o t e City of Saint Paul does hereby find and determine that the Plannin C mmission did not commit any error of fact or procedure in this matte , nd the Council does hereby affirm the decision of the Commission a d concur in the findings made and determined by said Commission; and b it Further Resolved, That acting u suant to the provisions of section 64 . 207 of the Zoning Code, the p rmission granted to Melvin B. Merriewether to re-establish legal no -conforming uses at the property at 856 Edmund is hereby made e p essly subject to the following conditions, which shall be attache t and become a part of the permit: 1 . The curb and gutter be restored on Victoria Street. 2 . The parking area be pa ed. 3 . All building permi s required by law be immediately obtained and remodeling w rk be commenced immediately and completed within three ( 3 ) onths of the date of the adoption of this resolution, exce t or any exterior work that may be delayed on account of we th r. WMITE — C�TY CLERK � • /� �'�.1` vr`��r` PINK � — FINANCE ` TF' COIIIICII �.'e�� //� C4NARV — OEP4RTMENT GITY O AINT 1 AUL j�r�' OIUE — MAVOR • Fjle NO. ��r� • _ Counc l esolution Presented By Referred To Committee: Date Out of Committee By Date 1 . The curb and gutter e restored on Victoria Street. 2. The parking area be a ed. 3. R11 building permi s required by law be immediately obtained and remod li g work be commenced immediately and completed with n three (3) months of the date of � the adoption of this r solution. FURTHER RESOLVED, that t e appeal of John F. Nieszner be and is hereby denied; and, be i FURTHER RESOLVED, that t e City Clerk shall mail a copy of this resolution to Melvi . Merriewether, John F. Nieszner, the Planning Commission, the o ing Administrator and the Planning Division. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimund Lonv [n Favor Goswitz Rettman q Scheibel �' Against BY Sonnen Wilson f`'�;j � ^ '�� Form Appr v d by City Attorn y Adopted by Council: Date � - Certified Pas e uncil Secr y BY �� By� ✓ - , . ^� � R�� Ap ro ed by Mayor for Submission to Council A►ppro - Mavor: Date ^ � "'"" — B BY P��}�� U u� � � 19�8 � a , ClTY OF SAINT PAUL DEPARTMENT OF COMMUNITY SERVICES � SUILDING INSPECTION AND DESIGN DIVISION � City Hali,Saint Paul,Minnesota 55102 612-298-4212 RECEIVED �B 2 71989 CITY CLEKK � j �� :� . � �� `.��.� � ' �� . their actions relating to the re- �� i6 Edmund stating: r � � � � `� � law be immediately obtained ' td �^� immediately and completed � ate of the adoption of this �� .,�,� .. scontinue all work on the first floor � the Council (Council File 88-1681) ?lication at your earliest conven- , ::� ��=�� - „ „ �� RECEIVED CITY F S INT PAUL INTERDEPARTM NT L MEMORANDUM �g 2� 1989 February 24, 1989 CITY CLERK T0: James Scheibel City Council President t, FROM: Jan Gasterland � Zoning Administrator v � �� ' � RE: Council File 88-1681 approved by Mayor October 24, 1988. Summary. The action denied the appe 1 o reject the finding of the Planning Commission to allow the re-establis en of a non-conforming use at 856 Edmund, thereby allowing the use with the fo lo ing conditions imposed: 1. The curb and gutter be re to d. 2. The parking area be paved 3. All building permits requ re by law be immediately obtained and remodeling work be commen ed immediately and completed within three (3) months of the date of ad ption of this resolution. As of February 15, 1989, one second fl or apartment has been completed and the other is nearly completed. The first floor office and beauty s op have some of the sheetrocking done but are not ready for occupancy in that th electric work has not been completed and no permits have been issued for th plumbing and ventilation needed to establish the shop. The owner of 856 Edmund is clearly in on-compliance with the third stipulation of the City Council action in that th re-establishment of the non-conforming uses has not occurred to date. 11 cc: Melvin B. Merrieweather 719 Blair Ave. St. Paul, MN. 55104 A1 Olson, City Clerk ��:�- . . - � � "` RECEIVED MAR�tr 1989 CITY OF SAII�Tr P zn1 s�cE � �ITY CLEFtK i� � 98 4747 ,t** S�OpNp RE�JEST *** ID N[A��IIt: 83027724 CLE OATE: 02-21-88 03-06-89 Z�O: AL OISON CITY Q�2K �JCM 386 CIZ'Y IlJCATIQ[J OF OQ�'LAIl�1T: 856 ECMIND AVE S'��RY: OCMP'l�II�Nr WAS INVI� WI'IIi �IIS HJILDIlIG IAST FALL. 'II� �JUrTCIL D G NE�I OWNE�2 AN OPPORIUN- SUBJF7GT: VAC SIDG I'1'Y � �B SIDG Tf�2E �1S A DfEAD-� LIIJE OF SCNIE �Il� Zf� F�ID OF JANUARY AND HE I�.S �41ITID AND I�R7►r �ZEI�D. UtID�RR � RESOLITrIC�1 , C�i HE SIIVT A �PY OF TO Tf� QY Q�RK� � HAVE EiEIN FIl�IISF�D. IT IS NO�I' AND HE �2 WI�RK PUI�ED. 'Ii� I�OQSE IS BQARD� � EIC. CALIED CI'I'Y CIARK AND i�S TOID F�RDED C70PY OF IETI�2 FR�NI OC�. TO JAN OF PAJIIDIlIG 0� IIJ- FC�.'�. C1�iI.�D �IIS �+O�CYd. CAT�� aCNIP 2/27 'PO N�SSAGE �T JAN OOPY TO: BtJIIDING IlJSP�C.`rIOAJ & DESIQJ D BY: R06F+ArIlJ IIIJISC��/RL CITY �JNCIL S�RD 1 ____ Z�TING aCM�IAIl�N't: J�EIN NIFSZZNF�tt AD�S: 854 ECL�JND AVE PFKkTE: 222-1246 RFSP'OLJD WIZ�T DAYS OF ABWE REPO� RESPC�JSE BY: DATE: REII�SPEGTIaIJ L1A'PE: (If neecled) 12�:SPOi�SE: FC�t YWR IlJF�TION -- 1J0 RES R�CTII2ID , ��"��- � . . Crl'Y OF SAINT P ZIIJ SERVICE P�M 17 Ii�I�L 29 -4747 *** S�O�TD RF7QLTEST *** ID PR�2: 83027724 CLE DATE: 02-21-88 03-06-89 Z+O: AL OISO[J CITY QF�l2K I�JCM 386 CITY IOC�TIatJ OF �'IAINr: 856 EC�JND AVE S[A�iRY: GASl'E�2IilND HAS SF� Zb PROPII7I'Y CJWNER Z�T HE MJST D�'SIST BLDG UNrIL HE HAS RE- SUBTFX.T: VAC BIDG CEIVED E�I�IJSZOlJ OF FTN�! O(7UrTCIL 3/3 aCi� CALLED AND PF70PZE ARE Wl�2I�JG 0[�1 I�JUSE. CAId�D AGAIlJ /6 3 PF]OPI.E W�TG �i SAT 1�12�QI 4 AND 1 P�T OTi SUNLI�Y NARQi 5. HE UND�t S'i�00D la0 W�.2K 4�S Zb � DC7�iE ilDTl'TL OFIl�IIt HAD C�iE � CI'I'Y ZO C�T �I�Ia[J. RESII1DIlaG TF�S Zn BID F�2 �NlS RL QOPY �: BY: R(J6FANIJ IIIdI'SQi/RL QaNIPIAIIJANP: J�Ild NIFSZIJE[t AD�.S: 854 EC1�lND AVE PHONE: 222-1246 RE5P0[�1D WI� OAYS OF ABC�VE REP0�7I' RFSPONSE BY: DA'PE• RE'IlJSPEGZ'I�T L1ATE: (If r�ded) 12F5PC�iJSE: F�2 YOUR IlJF�TIOLJ -- NO RES RDQ�T.IIZ�