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89-1474 WHITE� - C�TV CLERK PINK r FINANCE COURCll ` ' tQNARV -'DEPARTMENT GITY OF AINT PAUL � BLUE - MAVOR File NO. � /� Council esolution �-��/,., , A G �,-"-' Presented By �-��' �. Referred To Committee: Date Out of Committee By Date WHEREAS , Nguyen Tuan, 135 Blair Avenue , Saint Paul , Minne- sota 55104, applied to the Boa d of Zoning Appeals for a variance from the strict application of the provisions of Section 61 . 101 (a) of the Saint Paul Legislative ode pertaining to building setback requirements for a single f mily home located at 1359 Blair Avenue, legal description Lo 26 , Block 6, Syndicate Addition No. 5 , for the purpose of pe mitting an existing house addition to extend two feet in.to the r quired front yard setback require- ment as set forth in section 61 . 101 (a) of the Saint Paul Legis- lative Code; and WHEREAS, following a pub ic hearing with notice to affected property owners , the Boardl o Zoning Appeals by its Resolution No. 10476 adopted May 23 , 1989 , denied the application for a variance based upon the following findings and conclusions made by the said Board: ( 1 ) The house was ille ally expanded in 1982 to provide more living space for the occupants of the structure. The applicant has apparently re ted out this property to tenants since the second floor expa sion was completed. There is some question whether the appl ' cant had followed building codes in the expansion of the se ond story space over the front of the structure. The front of the structure was built so as to extend two feet into e mandatorily required front yard without permission or a v riance having been granted by the City of Saint Paul . (2) The house can be m dified at some expense to the owner so that it complies with he front yard setback requirements of the Zoning Code. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond I.o,� In Fa r coswitz Rettman B s�ne;bel A gai n t Y Sonnen Wilson Form Ap r ved by City At orney Adopted by Council: Date Certified Passed by Council Secretary BY ' r BS' v i A i� by Mayor for Submission to Council Approved by Mavor: Date — PP By By � (.:��y-/�� DEPARTMENT/OFFlCE/COUNqL DATE INI TE City Clerk's off��e GREEN SHEET No. 18 4 INITIAU DATE INITIAUDATE CONTACT PERSON 6 PMONE �DEPARTMENT DIRECTOR �CITY C�1NqL Al Olson 4231 � � �GTY ATTORNEY �CITY CLERK MUST BE ON COUNCIC AOENDA BY(DAT� �BUDOET DIRECTOR �FIN.d MOT.SERWCEB DIFl. �MAYOR(OR ASSISTANn ❑ TOTAL#�OF SI<3NATURE PAGES (CLIP A L L ATIONS FOR SIGNATURE) ACTION REQUEBTED: Resolution denying the appeal of Nguye� T an to a decision of the Bd. of Zoning Appeals. RECOMMENDATIONS:Approve(A)or Reject(F� COUNC C MITTEE/RESEARCN REPORT �+TIONAL MIALV PFIONE NO. -PLANNINO COMMISSION _qVIL SERVICE COMMIS810N _qB COMMITTEE - COMME . _3TAFF - -DISTRICT COURT _ SUPPORTB WHldi COUNqL OBJECTIVE7 INITIATIN(i PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why): Resolution requested by Council con�i ing action taken at Public Hearing held July 27, 1989. ADVANTACiES IF APPROVED: OISADVANTApE3 IF APPROVED: I i DISADVANTAOES IF NOT APPROVED: i j I i ��"��! Rese�rch Center i �� i�u� TOTAL AMOUNT OF TRANSACTION a ' C08T/REVENUE BUDOETED(qACLE ON� YES NO FUNDIN�i SOURCE ACTIVITY NUM�R FlNANGAL INFORMATION:(EXPLAIN) i NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE OREEN 3HEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298�4225). ROUTING ORDER: Below are preferred routings for the flve most frequent types of dxumeMs: CONTRACTS (assumes authorized COUNCIL RESOLUTION (Amend, Bdgts./ budget exists) Accept.Cirents) 1. Outside Agency 1. Department Director 2. Initiating DepartmeM 2. Budget Director 3. City AttomeY , 9 CItY AttomeY 4. Mayor 4. MayoNAssistant 5. Flnance&Mgmt Svcs. Director 5. Gty Councii 6. Flnance Axounting 6. Chief AccouMant, Fn 8�Mgmt Svcs. ADMINISTRATIVE ORDER (Budpet OOUNCIL RESOLUTION (all others) Hevision) and ORDINANCE 1. Actfvity Manager 1. Initiating Dspartmsrn Director 2. Department�untant 2• �Y��Y 3. Department Director 3. MeyoNAasistaM 4. Budget Director a• �Y�� 5. City Clerk 6. Chief Axountant, Fln 8 Mgmt Svcs. ADMINISTRATIVE ORDERS (all othe►s) . 1. INtiating Department 2. Ciry Attorney 3. Mayor/Assistant 4. City Clerk TOTAL NUMBER OF SIt�NATURE PAQES Indicate the l�of pages on which eignatures ere required and paperclip each of theae�� ACTION REQUESTED Deacribe what the projecUrequest seeka to eccomplfsh in either chronologi- cal order or order of importance,whichevx is most appropriate for the issue. Do not write complete aeMences. Bsgin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question haa been preseMed before any body, pub8c or private. SUPPORTS WHICH COUNqL OBJECTIVE? Indicate which Council objecctivve(s)your projecUrequest supports by IisGng the key word(s)(HOUSIN(3, RECREATION,NEI(iHBORHOODS, ECONOMIC DEVELOPMENT, BUDC3ET, SEWER SEPARATION).(SEE OOMPLETE LI3T IN IN3TRUCTIONAL MANUAL.) COUNCIL COMMITTEE/RESEARCH REPORT-OPTIONAL AS REGIUESTED BY COUNCIL INITIATINO PROBLEM, ISSUE,OPPORTUNITY Explain the situation or condRions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are apeciflc ways in which the City of Saint Paul and its citizens will benefit from this pro��ctlaction. DISADVANTA(iES IF APPROVED What negative effects or maJor changes to exisUng or past proc�sses migM this projecUrequ�t produce if it is pasaed(e.g.,tralNc delaqs, noise, tax increaees or asseasments)?To Whom7 When? For how bng? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved? Inabiliy to deliver service?Continued high tratflc, noise, accident rate?Loss of revenue? FINANCIAL IMPACT Although you must teilor the information you provide here to the issue you are addressing, in general you must answer two queations: How much is it going to cost?Who is going to payt _ � , C��-i��y ( 3) The appearance of t e building indicates that the remodeling work completed on t e exterior of the building has not been done professionally. he building has several different types of shingles on the roof nd has different types of siding on the exterior walls . Porti ns of the exterior walls do not fit squarely together and the are some holes in upper parts of the building. As a result, this property is likely to have a negative impact on the pr perty values of the surrounding homes . WHEREAS , pursuant to t e provisions of Section 64.205 Nguyen Tuan duly filed his a peal from this determination made by the Board of Zoning Appe ls and requested that a hearing be held before the Saint P ul City Council for the purpose of considering the actions tak n by the said Board; and WHEREAS , acting pursuant to Sections 64. 205 through 64. 208 and upon notice to appellant and other affected property owners , a public hearing was duly conducted by the City Council on July 27 , 1989 where all inte ested parties were given an oppor- tunity to be heard; and WHEREAS , the Council aving heard the statements made and having considered the variance application, the report of staff, the minutes and fin ings of the Board of Zoning Appeals , does hereby RESOLVE , that the Coun il of the City of Saint Paul does hereby affirm the decision of the Board of Zoning Appeals in this matter and does here y concur in the findings made and determined by said Board; an , be it FURTHER RE50LVED , tha the appeal of Nguyen Tuan be and is hereby denied; and, be i F'JRTHER RiSOLVED , th t the Appellant, Nguyen Tuan, be and is hereby directed an required to remove the illegal two foot encroachment into t e required front yard setback for the property located at 1359 Blair Avenue and to bring the structure into compliance with the Building Code and Zoning Code within 60 days from he date of the adoption of this reso- lution; and, be it 2. WHITE � - CITV CLERK � -- PI�IK r FINANCE � COUACII (//y/�/� �//� '.�.�1; �Z�!4NARY 'DEPARTMENT GITY OF SAINT PAUL File NO.��,( _/• � � Y� BLUE - MAVOR ,.3 ,, Counci Resolution � �-� � Presented By ,�-�� %'�'� Referred To Committee: Date Out of Committee By Date FURTHER RESOLVED, that he City Clerk shall mail a copy of this resolution to Nguy Tuan, the Zoning Administrator, the Planning Commission and to the Board of Zoning Appeals. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �ng [n Favor ' Goswitz Rettman � ' B scne;�� _ Against y Sonnen Wilson Alil7 1 I � Form A pr ved by City Attor ey Adopted by Council: Date Certified Pas e b uncil S t BY i By� ( ' - i AtiG � �g App�ed by Mayor for Submission to Council 61pp Mavor: Date — — B BY �� AU G 2 6 1989 :� �'/`� • . � .. t V• V I �/ �! � ��: C�tT 01 s � '..,✓' '� �=�P` '•. � -w CITY OF SAINT PAUL �"° - � DEPARTME T OF PLANNING AND ECONOMIC DEVELOPMENT � __�� ' DIVISION OF PLANNING � �v � 25 West Fourth Street,Saint Paul,Minnesota 55102 ,�s• 612-22&3270 GEORGE IATiMER MAYOR June 6, 1989 Albert Olson, City Clerk Room 386, City Hall Saint Paul, Minnesota 55102 RE: Zoning File #10489 - Nguyen Tua City Council Hearing: June 29, 1989 PURPOSE: Appeal of the Board of Zon ng Appeals decision to deny a requested two foot front yard setbac variance to legalize an existing house addition on the front o� a single family home at 1359 Blair Avenue. STAFF RECOMMENDATION: Deny SUPPORT: None OPPOSITION: Four neighbors. Dear Sir: On May 23, 1989 the Board of Zoning Appeals held a public hearing on this requested variance. The applicant estified. At the close of the public hearing, the BZA voted 5 to 0 to d y the requested variance. This appeal is scheduled to be hea d by the City Council on June 29, 1989. Please notify me by June 26, 1989, if any member of the City Council wishes to have slides of the site presented t the public hearing. Sinc rely, ! iG�%�j�� ' Peggy A. Reichert Deputy Director for Planning PAR:ss Attachments cc: Mayor Latimer . . , ��"�'i- i�� . APPI.ICATION FOR APPEAL ' ZONING OFFICE USE ONLY CITY OF SAINT PAUL RECEIVED File # �1'I MAY 231989 Appl ication fee S �b � �� ZONING Tentative Hearing Date �- Z-9-$q App 1 i cat i on i s hereby made for an Appea 1 to he C� �.�.vL , under the provisions of Chapter 64, Section , arag aph of the oning ode to appeal a decision made by the � 8oard oning Appeals Planni g Cortmission on 1'►'1 , 1959 _ Zoning Administrator (date of d cision) _ Planni g Administrator _ Other A. APPELLANT � CiV�7� / � Name �� Daytime phone � Address 3 e � Zi p COde ��/ 0 7" B. DECISION BEING APPEALED ' �j�� Zoning file name Zoning File # � Property Address/Location " Leg description ' '� � � Z Z� � '�� $� � C. GROU S FOR APPEAL (Use additional sh ets if necessary. ) � (Explain why you feel there has been n error in any requirement, permit, decision or refusal made by an administrative fficial, or an error in fact, procedure or finding made by the Board o�Zoning Appeals o th Pian ' g Comnission.) �' ` ` � r � � /f'1 � � r you have any questions, please cont ct: Appl ' nt' signature St. Paul Zoning Office 1100 City Hall Annex �! � 25 West Fourth Street Saint Paul, Minnesota 55102 Date City agent (298-4154) 9/82 ' � BOARD OF ZONING A EALS STAFF REPORT C��'I� 77`" l. APPLICANT: Nguyen Tuan FILE #10476 2. CLASSIFICATION: Minor Variance DATE OF HEARING: May 23,1989 3. LOCATION: 1359 Blair Avenue (north s de between Albert and Hamline) 4. LEGAL DESCRIPTION: Lot 26; Block 6; yndicate Addition #5 5. PLANNING DISTRICT: 11 6. PRESENT ZONING: R-4 ZONING CODE REFERENCE: Section 61.101(a) 7. STAFF INVESTIGATION AND REPORT: D TE: May 15, 1989 BY: Marv Bunnell A. PURPO E: To legalize an existing h se addition on the front of a single family home. B. �CTION REOUESTED: A front yard set ack variance of 2 feet; proposed setback of 19 feet; average front yard setback of 21 feet. C. SITE AND AREA CONDITIONS: Lot are is 4,960 square feet (40 x 124) . The lot is level and about two and one half f t above the sidewalk. Neatly maintained residential properties surround th s property. Surrounding Land Use: North: Single family residential East: Two family residential; s ngle family residential South: Single family residential West: Single family residential D. BACKGROUND: On March 23, 1982, a contractor, Scott Construction, obtained a building permit to rebuild a fire damaged garage; this permit was canceled by the applicant. Less than a week ater, on March 29, 1982, the applicant obtained a building permit to bui d this garage. BIDD staff have reported that the applicant also constructed a ireplace in the garage without a permit. On August 31, 1982 the applicant obtained a building permit for a three season porch to remodel part of the fro t porch and to install windows. Instead, the applicant tore out the existing orch, and then put an addition onto the upper front of the building. The appl cant indicated that the building inspector visited the site four times to c eck out various aspects of this construction. The building inspector, currentl retired, never approved the work for this permit. In addition, the inspe or copy of this permit has disappeared from . BIDD files. On June 17, 1985 a neighbor com lained to the city that the applicant was illegally operating a three uni building at this address. Certificate of occupancy records indicate that an inspection made on August 14, 1986 of this property shows that a duplex wa illegally operating in this building. BIDD staff has indicated to staff th t since then it is no longer operating as a duplex. File #10476 � � 1�71� Page Two � ��y In August 1986 the property had a fir in the upper front of the house. The applicant was issued orders by the ci y Environmental Health staff to remove fire debris from the yard on August 2 , 1986. The debris was removed by the date of the next exterior inspection, September 15, 1986. Environmental Health staff have indicated that there has en five other complaints regarding debris in the yard, �unk cars, overcrowding, and holes in the eaves and soffit at this property since the 1986 fire. On April 27, 1988 the applicant was icketed for having a second floor addition encroachment onto the required front yard. At the May 11, 1988 court appearance, this citation was dismis ed. On June 8, 1988 the applicant received another citation for the same violat on. This citation was removed from the court calendar and then apparently m splaced by the prosecuting attorney; it was subsequently never rescheduled. Subsequent to this, John Hardwick o BIDD issued a third citation to the applicant based on the same violati . Hardwick asked the prosecuting attorney to hear the case ar at least contin it and not to dismiss it or strike it from the court calendar. On April 26, 1 89, the court held a hearing on this matter. Based on this hearing and on the ad ice of his attorney, the applicant applied for a variance on the same day. E._ FINDINGS: l. The circumstances surrounding t e requested variance were created by the owner of the property. The house was illegally expa�de in 1982 to provide more living space for the occupants of the structure. The applicant has apparently rented out this property to tenants since he second floor expansion was completed. There is some question whether he applicant has followed building codes in the expansion of the second sto space over the front of the structure. 2. The property in question can� be put to a reasonable use under the strict provisions of the zoning code. The house can be modified, at ome expense to the owner, so that it complies with the front yard setback re uirements of the Zoning Code. 3. The proposed variance may alte the essential character of the surrounding area or unreasonably diminish stablished property values within the surrounding area. The appearance of the building indicates that the remodeling work completed on the exterior of the proper has not been done professionally. The building has several differen types of shingles on the roof and has different types of siding an e exterior walls. Portions of the exterior walls do not fit squarely �og ther and there are some holes in upper parts of the building. As a result this property is likely to have a negative impact on the property values of the surrounding homes. 4. The variance, if granted, wou d not permit any use that is not permitted in the zoning district where the property is located, _ , , � � � ay7 �'��y � ZONING BOARO �� I 1(/ APPLICAT ON FOR ZONING OROINANCO T 6 8 � gE CITY OF SAINT PAUL A VARIANCE OF ZONIN CODE CHAPTER�..SECTION�1 'i.�PARAGRAPH� ( 1 IS REQUESTED IN CON RMITY WITH THE POWERS VESTEO IN THE BOARD OF 20NING AP- � PEA�S TO PERMIT THE � ON PROPERTY ! , � DESCRIBED BELOW. �_ A. Applicant; NAME � ADDR SS �� ' � S � ; OA ME TELEPHO �t0. 7- Z � �� 7�Z�P C DE S�I lf./ � 1. PropertY inter t of applica t: (owner, ontract purchsfer,etc.) . G � ' 2. Name of own lif different) /��- � : i � ;Q � j � B. Property Oescripti : ADDRESS /3S9 � ^, � � �� ` � 1, Lsgal descrip on: LOT o`� BLOCK � ADD. � z. �t:�Ze� Z � 9�° ; • ' ' IP-� , 3. Preseni Use �/" � � Present 2oning Dist.__T , C. Reasons for Req • t. ProPosed� �e� c�-Q- ��l�C'YJ . ; i 2. Whac physi 1 characteristia of the property prevent its being used for any of the permitted uses � in your zo ? (topography,soil conditions,size and shape of lot,etc.) � W� �� .,Qx�A�� .,P.aC s��^�- � � S� , i - � 3. State the ific riation requested,giving distancea whe►e appropriate. � � �j�/,E '�/10�J� t�4/tD �-71�-C� i�5 cZ� �e t ! �-f',rcn► sAT"�f� r2�wts r�9- >s /9�' �-�1� ; V/FK�A N�R.. c� 02 ��eT : 4. Explain h w your esse conforms to�ch of the foltowinp: � a. That e strict application of the provisio�s of the 2o�ing O►disnce would rault in pewliar � o►ex ptionel practial difficulties,or ucqpdonal undue hard�hip�. i w� (,. i.� ,�o cJ %c� 5� 1�e�2 �l '�'t � y� -Q.fTirA^� '�' i ' CASHIERS USE ONLY � � i ' b. That qrantirp of a+�ri�nes will � � � �a � wbet�ntial dstriment to 04/2b/890000204:43Alf CLERK i Pub�• �ood or a�ubaur►t�s�imvair- 4i?SQ VAitIAidCE ' *1�O.U0 ( � men of the iMent snd purposeof �rn *1�.� the oning Ordinance. � W, l� �, ��" C�.e A-7� CH�CY. Ti+iD *140.flLi + C�fANC,E *.00 � r^-�f+�:z �2. �J �� i ��l—`--. �VNO� T S WILL NOT BE PROCESSEO WITHO A COMPLETE SITE P�ANI _ Signature ��J�/ '" . Date Received �"`" � . ��-�`�'� � � ZO�I NG Fi L �°-=-- � , ; � � � � , � , , ; � � � � - I � � . i , 4 I � � , � � t , � C-�G(}�� :� �- �` � � , � � ' 8 S t� �/lt-( (��S/ � � ' ' � ; : � ' ST /��c� p� s3^/o� ' ,� ' 2 22 � / � � ; � 35`� i? �-� � .___ _ _ _ _ __ _ _ __ _ _ __ ____ ___.___ _ __ _____ ________�_____ _ __ _ _ _ .. � � . (�,c��-i�� . 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Q �� .� � �.��c �.. -�� .;., ,�?w .,�.,�; G� , �� .r.,�.. — , � �-��s��-�.• o� � .w � a� ,e:�� , _Q �.fL� � ^ � _ -, n . � ,� .��G.,c,e� �i k-'�.r/�f.� ,,G.r.��v � . � .�� ,�c.� �( , _ ` L �,.��'� � ,� ,� , ...�`,�,��., . �� . ��, � � ,�; �,� � � ��..�- Q � . �, .�,��:� ,o�-- �.�� ._ �� ,� � ..� -��..- . �� ,,�v/' ' ,��-��- ,� '�� ',G��i � � � / �'�' .•n• �,� a.,r�? O.�=uc� ' w ,Q�i ' _ �` .��, 7 L/ � �7� � �'/�' �o�o� �� %�'s'� � �� , ��= �� , � � �. � � �� t►�.J�°��Y �� ZONING FILE� ��- . ��'-��'� � 7 � `'�'°'s��d:��'� ��,� ��7�o May 22, 1989 St. Paul MN City of St. Paul 15 W Kellogg Blvd St. Paul MN 55101 To Whom It May Concern, My name is John Blackstone. I re ide at 1354 Van Buren Ave in the City of St. Paul. I am vehemently opposed to th requested granting of a variance by the City of St. Paul to the property a 1359 Blair (Zoning File 10476) which is located to the south across the alley o e lot to the west of the home in which my family and I have lived for the st five years. I have been a resident of the City of St. Paul since 1970. It is my understanding that the p esent modifications to 1359 Blair have been performed in an illegitimate ma ner. No permits have been acquired before construction of the modifications or i spections by authorized representatives of the City of St. Paul at the comp etion of construction. Several structures have been constructed on properties on the same block as 1359 Blair. It is my understanding that residents have app ied for permits and followed the St. Paul Building Code. The modifications appear to be u afe and are haphazard in construction. I am a Registered Civil Engineer in he State of Minnesota. My observations of the exterior cause me to question the structural integrity of the building. Furthermore it is my understandin that the building has been converted to a multiple dwelling. I have observed wh t appeared to be more than one family living at 1359 Blair. Although t is does not appear to be the case at this time. The modifications to the structur s do not appear to be within the spirit and intent of the St. Paul Buildin Codes. Both the house and the garage have been altered in such a way that they re displeasing to the eye and do not meet with the "Pride of Ownership" of ho s either adjacent to or in the vicinity of 1359 Blair. Granting the requested ariance probably will cause a general devaluation of the homes in the rea because folks will not want to purchase homes next to such an aberration or sellers will lower the sale price to attract buyers. This would resul in the loss of tax revenue for the City of St. Paul. I request that the City de y the Request for Variance and send Representatives to inspect the pro erty at 1359 Blair to determine if it is in compliance with St. Paul Building Co es. I have inclosed several pictures of the structure to demonstrate the po" ts in my letter. Since ely, �_ l% John . Blackstone PE /=nC`oSv iQ5 3 Sl�.'S e�� `'$ ��.fi�/o,� /^ / • �0�11 1t-. � ! 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OiST 11 MAP# I 0 0 one famiiy • � ^ comme�ial � ¢ two famiy ♦ �� 'a�dustriat SCALE 1�-400' � ��Q multiple family Y vacaM � � � �� -��7� CITY OF SAINT PAUL BOARD OF ZONING APPEALS R SOLUTION ZONING FILE NUMBER: ioa�6 DATE: tvtay 23, 1989 WHEREAS, Nguyen Tuan has applied for a ariancc from the strict application of the provisions of Section 61.101(a) of the Saint aul Legislative Code pertaining to the legalization of an ezisting house addition o the front of a single family home in the R-4 zoning district; and WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on May 23, 1989, pursuant to said appeal in accordance with the requirements of Section 62.204 of the Legislative Code; and WHEREAS, the Saint Paul Board of Zo�ing Appeals based upon evidence presented at the public hearing, as substantially reflected in the minutes, made the following findings of fact: I. The circumstances surrounding the requ sted variance were created by the owner of the property. The house was illegally eapanded in 19 2 to provide more living space for the occupants of the structure. The applicant has app rently rented out this property to tenants sincc the second floor expansion was complet d. There is some question whether the applicant has followed building codos in the expa sion of the second story space over the front of the structure. 2. The property in question can be put to reasonable use under the strict provisions of the zoning code. The house can be modified, at some ex ense to the owner, so that it complies with the front yard setback requirements of th Zoning Code. 3. The proposed variance may alter the e sential character of the surrounding area or unreasonably diminish established pro erty values within the surrounding area. The appearance of the building indic tes that the remodeling work completed on the exterior of the property has not been one professionally. The building has several different types of shingles on tho roo and has different types of siding on the exterior walls. Portions of the eaterior walls o not fit squarely together and there are some holes in upper parts of the building. s a result, this property is likely to have a negative impact on the property valu s of the surrounding homes. 4. The variance, if granted, would not ermit any use that is not permitted in the zoning district where the property is located - 5. The request for variance is based pri arily on a desire to fully utilize the site rather than economic gain. (continued) � ' File *104'6 . '� Page Two ��`/� � NOW. THEREFORE, BE IT RESOLVED, b the Saint Paul Board oC Zoning Appeals that thc application to waive provisions of Secti a 61.101(a) be hereby dcnied on property located at 1359 Blair Avenue and legatly d cribed as Lot 26; Biock 6; Syndicate Addition �t5; in accordance with the apptication for ariance snd the site plan on file with the Saint Paul Planning Division. MOVEO BY: Maddox SECONDED BY: Kirk IN FAVOR: s AGAINST: o MAILED: May 25, 1989 'TIME LIh4IT: No order of the Bo rd of Zonln� Appeals permittin� tbe erectlon or �Iteration of a bui in� or ofi-street parkia� facillty sh�ll be valid for a period lon�er thsn one year, a�le:a a bulldin� permit for such erection or alterat n is obtained withta sach period •nd such erection or alttrat n i` proceedle� parsna�t to the terms oi such permit. The Boar oi Zon[a� Appeals or the City Councll may grant an extension not t exceed one year. In �rantln� cuch extension, the Board of Zontng ppe�ls may declde to hold a publlc hearing. APPEAL: Decisions of the ard of Zoning Appeals are flnal subject to appeal to the City Counc 1 wIthin 15 days by anyone affected by the decisiou. CERTIFICATION: I, the underal�ne Secretary to the Board of Zoning Appeals for the City of Ssiat Pau , Minnesota, do hereby certlfy that I 6are , compared the ior going copy with t6e ori�iaal record In my office; aad find the sam to be s trae and correct sopy of said original and of the whole the of, as based on approved �lautes oi the Satnt Paul Board of ZoninQ ppeals meetto� held on May 23, 1989 and oa record In the Sai t Psel Plannla� Divisio, Oifice, 25 West Fourth Street, Saint Pau , Mt.ne:ota. SAINT PAUL BOARD OF ZONING APPEALS � ---+�'� ------ Secretary to the Board . (��'1'-��f 7� � � .�'I,�Q�9 _ ��. � RECEIVED C`� 2 9�9�9 _ ��.P� 'o�� . �UN CITY CLERK . • �� i ' �� -�,4,, . �t`+�° � u�p„�� `''`''`'`dL' `'`�CS`�' • �� 1 . 0- ' • � � a,�„� p,,�Cl.�1C�9 y saj��b�c v o►'�`� 1� J t�� • � �t z.�.S r `i / , � �t.Q •,� V _ , �b �� i �`�� :��c�.�4. a'�� . . , � , , w :v� . �*� * I ��a�►�� " °��,'`��`�� /��J1� ��1 W � . �_ �.-n� ' �as� �� j��a,�. \' � `rali�•� C7L +`NJ��`�''�'� .. ,�:. r a , _ ` `��- `.''� �'S ��„Q� f � �e �1�- ` '�� . v.,a.s �. ��`�` �'° _,,�,�.s�a� a�k .�.aS� �° �� a �° ' s'" S "'�'`�. �,�.s�� a� a��ss 1�x . � �v�,a�. , . . � ��a,v,, �c�.�� • �,�„ ��. s�� a ' '� -� � a�s� 1�as� � a o •�°.S ��►� a- � � , ,.a� � a� � �. �, � �� ' . . �, . �S � , ��;,.g V aSL�a�•C.a� , a�'`� . � �,�. ��.a- � �- �. � �� `,,�,,� �•°�" ��, .� a,,,�.. � - � '��,�.� °'�°�`,' -�"' �,�'� � �`�° ' s c�u.SQ . � �vQ ss�vx-� � ..;C, . �a- a�- �- � ' N�:-� � S� . g ��. �9►,.�- , , . ' � � �..�►. .:�`�-�. ��- �. �'� . �, � � -�~� '� �`'��'d�- °��. �"�- _ � . - � �, ,r;R,,,. ��. ��z�.. � a�� . _ „ � � ,� ` . �.`� ' .,'.�`.. �;'.� � \ w ' 1 ' A �Su� '�° � d ��Yw�. � �S � � � , � ��- �-O�S �� • t . ��1 � /R-�_� � '�A,�1 i��Q 1WV�V" M�" 1k1�� V1VK.r�• Vr\/\Ibi�NN�iL�� vi v�v�� . - . .�.5 .;� ,.�.�.�� a � . � . . .�,� �,�,�. -�-�'�� .�, � � � �� . . h �� . • ��►�, � O ��s �► ?a �'' /�''° ��t �� /. — /�' `��`��a�v��-� �� 5�.�� ss�� 3 • Z � .� _ � - � � � � � r /��W�-' v �� -� _ �----�r � ! , � �'`�� 0 r �� . , ,� �� , � � � a � � . �( � -� .�, � ' ' . � �'��= /y�� MINUTES OF THE MEETING OF E BOAR.D OF ZONING APPEALS 13th FIAOR CONFERENCE OOM, CITY HALL ANNEX ST. PAUL� MINNESO A, MAY 24� 1989 RE� SENT: Mme. Maddox; Messrs. Grais, irk, Osborn, and Horak of the Board of 2oning Appeals; Mr. Segal, A sistant City Attorney; Ms. Lane of the Division of Building Inspect on and Design; Mr. Bunnell and Ms. Synstegaard of the Planning ivision Staff. ABSENT: Messrs. Davis and Zimniewicz The meeting was chaired by Sam Grais, airman. NGUYEN TUAN (#10476) : Front yard setb ck variance to legalize an existing house addition on the front of a singl family home. Mr. Bunnell showed slides of the site nd reviewed the staff report with a recommendation for denial. Four lette s were received in opposition. Mr. Osborn asked how far the house ext nds beyond the neighboring homes. Mr. Bunnell replied two feet. Mr. Bunnell passed out pictures of the home to the BZA. Nguyen Tuan, 1389 Blair� stated that applied for a building permit #142966 • on August 23, 1982, to add the additi on to his home. He stated that the inspector came to the home after he h d the framing completed and told him to proceed as the home was structured sa isfactorily. He stated that he has had � no problems until 1988 when he receiv d a citation. He stated that he went to court three times and each time was t ld it was dismissed. He stated that he likes the neighbors and has lived the e for 15 years. He stated that the City did not� inform him at the time of com letion of the addition that it was not done properly. � . Florence M. Winkel, 1353 Blair, passe out a picture showing what the original � house looked like before remodeling. She stated that she feels the City hasn't done their �ob in communicatin with Mr. Tuan and that the building inspector should have advised him thr ughout the remodeling work. She stated that a home in the neighborhood was cently sold and the owner took a great � loss because of the appearance of Mr. Tuan's home. That same neighbor told her that she could see into the crac of the Tuan home where the addition was • put on at night when the Tuan's had eir lights on because the home was not finished correctly. Ms. Winkel stat d that she spoke to her realtor and was told that she will also have to endu e a loss if she sells her home. There . has been three fires in the home and the original garage burned down too. The � . � new garage was built on her property line and she is not pleased with that and _ would like the variance denied. John Blackstone, 1354 Van Buren� sta ed that he is opposed to the variance. . He .stated that the home is unsightly and unsafe. He stated that there has been several modifications to the ho e including the chimney. He stated that . the home is now a multiple-family d lling: He stated that Mr. Tuan's home has reduced his property value and 11 also reduce the amount of money that : the City receives in property taxes ue to diminished property values in this . area. r r � ��- /�� File #10476 Page 1�io Rosamond Gilbert� 1351 Blair, stated that she spent $30,000 to improve her home and is very sorry she did so no because of the appearance of Mr. Tuan's home. She is very angry that her pr perty value has decreased after all of ' the work she has put into it and she is opposed to the variance. She stated that at one time it was a good neigh orhood and that Mr. Tuan had a lot of junk in his yard. She stated that t ere is also an addition on the back of the home that was never approved an the building desperately needs a building inspection. Mr. Tuan stated that his yard is fr of debris now and the addition must be sound as the home is still standing seven years after the addition was added. He stated that the building inspect r and his supervisor were at the home . while he was doing the work. He st ted that the neighbors are invading his � privacy by taking pictures of his h me. He stated that people build the way they wish to and in regards to the revious fires� there is no problem now. He stated that there is racism i�► t e neighborhood. � Mr. Osborn asked Mr. Segal if there is a statute of limitations that applies in this case because of the structu e being modified in 1982. Mr. Segal. replied that if the remodeling was n violation of the Zoning Code at the time it was done it is an illegal use. Mr. Grais asked Ms. Lane if the bui ding inspector did check on the house. Ms. Lane replied that the original 'nspector has since retired. His supervisor followed up on his cases and Mr. Tuan's case has been going on since that time. ' Hearing no further testimony, Mr. rais closed the public portion of the , meeting. Ms. Maddox moved to deny the va�ia ce and resolutior► based on findings 1 . through.5. Mr. Kirk seconded the otion� which passed on a roll call vote of , 5 to 0. . Submitted by: - Approved by: : . �� .�.. ...�...� Marv Bunnell Sam Grais r � , � ' ��i--/�� /ot� �6� . ��,. , 6, 1Z - �y �/��" ' � o:� �I ,�tL �-�` , � �r�a�'�'�s,�.,e.A 2 �n.t� . 3 ��,c2 l�p c�7 . G'�' �`�`�- . , I s� ��A-� �,4,�>�3-� �n� � � P�u� .�v .s�s'�o 5� �— 2 2 a. -3�77 �aV ��sPc�V �o yp� %T�,� p�,t�-y�3,�r - . % �'"r� �� jo� �<, A-��iU ;��1� , ��t� - �� • � �as . �GV,�d' � � q � �,�- ,¢,��/� �y ,� � T� .�'��- � 1 8� . ,�- Po r� � � crry�iv� A�-��- 11�' . �/-�-s� •� y , �I�-o ��'�� a'1�,A�l�to,e� , � cc1�� Ca� Q� t��i+t 1f su�e �i1� as�J � � , k!� �� - Q�u,t��lA� • �j(I / P�4 ��/� �'/r��✓S� I Q�/� �lJ�- W . S% �v�-�.53'/O f� �� _�ti�� `�f�� , � S� _ �- �,�� . � - � �� . � . � � � ��1--/�7� MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS 13th FLAOR CONFERENC ROOM, CITY HALL ANNEX ST. PAUL, MINN OTA, MAY 24� 1989 RE� SENT: Mme. Maddox; Messrs. Grais Kirk� Osborn, and Horak of the Board of Zoning Appeals; Mr. Segal� Assistant City Attorney; Ms. Lane of the � Division of Building Inspe tion and Design; Mr. Bunnell and Ms. Synstegaard of the Planni Division Staff. ABSENT: Messrs. Davis and Zimni�ew z. The meeting was chaired by Sam Grais Chairman. NGUYEN TtTAN (#10476) : Front yard se back variance to legalize an existing house addition on the front of a sin le family home. - Mr. Bunnell showed slides of the sit and reviewed the staff report with a recommendation for denial. Four �et ers were received in opposition. Mr. Osborn asked how far the hous,e tends beyond the neighboring homes. Mr. Bunnell replied two feet. ; Mr. Bunnell passed out pictures qf e home to the BZA. Nguyen Tuan, 1389 Blair, stated tha he applied for a building permit #142966 • on August 23� 1982, to add the addi ion on to his home. He stated that the inspector came to the home after he had the framing completed and told him to proceed as the home was structured atisfactorily. He stated that he has had � - no problems until 1988 when he rece ved a citation. He stated that he went to court three times and each time was told it was dismissed. He stated that he likes the neighbors and has lived t ere for 15 years. He stated that the City did not inform him at the time of c mpletion of the addition that it was not done properly. � " , Florence M. Winkel, 1353 Blair, pa sed out a picture showing what the original � house looked like before remodelin . She stated that she feels the City hasn't done their �ob in communica ing with Mr. Tuan and that the building inspector should have advised him hroughout the remodeling work. She stated that a home in the neighborhood wa recently sold and the owner took a great loss because of the appearance of . Tuan's home. That same neighbor told her that she could see into the cr cks of the Tuan home where the addition was put on at night when the Tuan's ha their lights on because the home was not finished correctly. Ms. Winkel st ted that she spoke to her realtor and was told that she will also have to e ure a loss if she sells her home. There . has been three fires in the hom�e d the original garage burned down too. The ' . � new garage was built on her prope ty line and she is not pleased with that and . would like the variance denied. � John Blackstone, 1354 Van Buren, tated that he is opposed to the variance. He .stated that the home is unsigh ly and unsafe. He stated that there has been several modifications to the home including the chimney. He stated that the home is now a multiple-family dwelling. He stated that Mr. Tuan's home has reduced his property value an will also reduce the amount of money that the City receives in property tax s due to diminished property values in this area. �. . ��-'�7 y File #10476 Page 1�ao Rosamond Gilbert� 1351 Blair, stated that he spent $30,000 to improve her home and is very sorry she did so now beca se of the appearance of Mr. Tuan's home. She is very angry that her property value has decreased after all of � the work she has put into it and she is o osed to the variance. She stated that at one time it was a good neighborho d and that Mr. Tuan had a lot of junk in his yard. She stated that there s also an addition on the back of the home that was never approved and the uilding desperately needs a building inspection. Mr. Tuan stated that his yard is free of debris now and the addition must be sound as the home is still standing seve years after the addition was added. He stated that the building inspector an his supervisor were at the home . while he was doing the work. He stated hat the neighbors are invading his privacy by taking pictures of his home. He stated that people build the way they wish to and in regards to the pzev ous fires, there is no problem now, He stated that there is racism in the n ighborhood. � Mr. Osborn asked Mr. Segal if there is statute of limitations that applies in this case because of the structure ing modified in 1982. Mr. Segal. replied that if the remodeling was in iolation of the Zoning Code at the time it was done it is an illegal use. Mr. Grais asked Ms. Lane if the buildi g inspector did check on the house. Ms. Lane replied that the original i ector has since retired. His supervisor followed up on his cases a d Mr. Tuan's case has been going on since that time. � � Hearing no further testimony, Mr. Gra s closed the public portion of the meeting. Ms. Maddox moved to deny the varianc and resolution based on findings 1 through.5. Mr. Kirk seconded the mo ion, which passed on a roll call vote of StoO. Submitted by: Approved by: . �� Marv Bunnell Sam Grais a . , . ' . ��-�-c `/�� /o� �6 � : ��. , , 6. IZ - 89 �e,..�- � � �� r��5�,�,e.A 2 �n,r� . 3 ��C� �-� . G T� � . ' � � .�/Q � ��A-� �,�-�� N� � � PfhrL .A'�V r 2 2 z. -3/?7 �av R�s P�v ;o y� iT�,� o�,r�,t.y�3. . , . �f' �'v�'�'.� �� 1��j �<, A-yrro�it� ��1� . ��c'f� . �'/L � • � �r�s . �l�i�' , � 9 � �� y � � � �� 1 g� . �- PPr� � � cr�/N�� T�- /��' , �G�-s� .� � ��-� �3��r�z� �'1��J�to�e� , � cv�11 Co� � ra�i+t �fsu�a �U� a�� . /�-�-`�� - �e. �cr�iv� �- a�'�r;,r� . o,v'�Y P�a (�-��-y �-ir �3s'� �/dr/� �--v� r,�, . S! ��`%j� C/� L��-�.�,2 J ( � � � ` l � S � - �� . �� .� . � ��-�- �� MINUTES OF THE MEETING 0 THE BOARD OF ZONING APPEALS 13th FIAOR CONFEREN E ROOM, CITY HALL ANNEX ST. PAUL� MI SOTA, MAY 24, 1989 REP SENT: Mme. Maddox; Messrs. G�ai , Kirk, Osborn, and Horak of the Board of Zoning Appeals; Mr. Segal Assistant City Attorney; Ms. Lane of the � Division of Building It�sp ction and Design; Mr. Bunnell and Ms. Synstegaard of the Planni g Division Staff. � ABSENT: Messrs. Davis and Zimniew cz. The meeting was chaired by Sam Grais, Chairman. NGUYEN TUAN (#10476) : Front yard se back variance to legalize an existing house addition on the front of a isi le family home. Mr. Bunnell showed slides of the Isi and reviewed the staff report with a recommendation for denial. Four le ers were received in opposition. Mr. Osborn asked how far the house tends beyond the neighboring homes. Mr. Bunnell replied two feet. ! Mr. Bunnell passed out pictures df e home to the BZA. Nguyen Tuan, 1389 Blair, stated L�ha he applied for a building permit #142966 • on August 23, 1982, to add the addi ion on to his home. He stated that the inspector came to the home after �'he had the framing completed and told him to praceed as the home was structured atisfactorily. He stated that he has had ' - no problems until 1988 when he r�ce ved a citation. He stated that he went to court three times and each time was told it was dismissed. He stated that he likes the neighbors and has lived t ere for 15 years. He stated that the City did not� inform him at the time of c mpletion of the addition that it was not done properly. , Florence M. Winkel, 1353 Blair, pas ed out a picture showing what the original � house looked like before remodeling She stated that she feels the City hasn't done their �ob in communicat ng with Mr. Tuan and that the building inspector should Y►ave advised him t roughout the remodeling work. She stated that a home in the neighborhood was recently sold and the owner took a great loss because of the appearance of M . Tuan's home. That same neighbor told ' her that she could see into the cra ks of the Tuan home where the addition was � put on at night when the Tuan's had their lights on because the home was not finished correctly. Ms. Winkel sta ed that she spoke to her realtor and was told that she will also have to end re a loss if she sells her home. There . has been three fires in the home' an the original garage burned down too. The ' � new garage was built on her propert line and she is not pleased with that and . � would like the variance denied. ' John Blackstone, 1354 Van Buren,� s ted that he is opposed to the variance. He stated that the home is unsight and unsafe. He stated that there has been several modifications to th'e me including the chimney. He stated that the home is now a multiple-family elling. He stated that Mr. Tuan's home has reduced his property value and ill also reduce the amount of money that the City receives in property ta�ce due to diminished property values in this • area. ' a . � ' ' G��1_��/�`'l File #10476 Page T�ao Rosamond Gilbert� 1351 Blair, stated th t she spent $30�000 to improve her home and is very sorry she did so now b cause of the appearance of Mr. Tuan's home. She is very angry that her prope ty value has decreased after all of ' the work she has put into it and she i opposed to the variance. She stated that at one time it was a good neighbo ood and that Mr. Tuan had a lot of junk in his yard. She stated that the e is also an addition on the back of the home that was never approved and t e building desperately needs a building inspection. Mr. Tuan stated that his yard is free f debris now and the addition must be sound as the home is still standing se en years after the addition was added. He stated that the building inspect'or nd his supervisor were at the home . while he was doing the work. He s�at d that the neighbors are invading his privacy by taking pictures of his hom . He stated that people build the way they wish to and in regards to the pr vious fires� there is no problem now. He stated that there is racism in �he neighborhood. Mr. Osborn asked Mr. Segal if ther� i a statute of limitations that applies in this case because of the structure being modified in 1982. Mr. Segal. replied thst if the remodeling wasi i violation of the Zoning Code at the time it was done it is an illegal use. Mr. Grais asked Ms. Lane if the buil ing inspector did check on the house. Ms. Lane replied that the original i pector has since retired. His supervisor followed up on his cases nd Mr. Tuan's case has been going on _ since that time. � � Hearing no further testimony, Mr. G is closed the public portion of the meeting. Ms. Maddox moved to deny the varian e and resolution based on findings 1 through.5. Mr. Kirk seconded the m tion, which passed on a roll call vote of � 5to0. Submitted by: - Approved by: �Iµ.�. �� .� .,.�..,� Marv Bunnell Sam Grais � . . . � ��_ ��7� � � �o� �6 ' , L��. ,�. , 6. �z . 89 �/�`� • � l �I �L �- � ��t�.f(`'�.A 2 N�iv� . 3 ��,c%R /f�!€�� • G'�' � . � � s� ��-,� �,9,�>�3.� �� - �f}uL .A�IV ,�/o � � 2 2 z. -3�77 �aV ��sPcbV �o � 7T�,C �� 3. , . � �'`,�-y �y � �� fo��, A-��iU ;4��1� . ��c'f� . '�'/L �- � � �trs r�v�J' ` �r 9 � �'� �r�� y � � 7� �i�- � 1 �� . �-- Por� � � crry�iV�� A-TT�- /��' , �G�-s� .� y ��- �3��i� ��J�to�e� , � w�Cl Cor�Q y ��i+t �f�u�a �.t� �� . . �—�`�� criiirG .� a�`�„�r� . �v'�1 P�o �=�-y �i—r3s� l�/afi� �-rl� t� . s� �,��r�o� ��,�� ) Y, ��. � � 1 � s e�� . , . v� �- /�7`� MINUTES OF THE MEETING OF BOARD OF ZONING APPEALS 13th FIAOR CONFERENCE M, CITY HALL ANNEX ST. PAUL, MINNESO A, MAY 24, 1989 PRESENT: Mme. Maddox; Messrs. Grais, K rk� Osborn, and Horak of the Board of Zoning Appeals; Mr. Segal� As istant City Attorney; Ms. Lane of the � Division of Building Inspect n and Design; Mr. Bunnell and Ms. Synstegaard of the Planning ivision Staff. ABSENT: Messrs. Davis and Zimniewicz. The meeting was chaired by Sam Grais, airman. NGUYEN TIJAN (#10476) : Front yard setba k variance to legalize an existing house addition on the front of a single family home. Mr. Bunnell showed slides of the site d reviewed the staff report with a recommendation for denial. Four lette were received in opposition. Mr. Osborn asked how far the house ext ds beyond the neighboring homes. Mr. Bunnell replied two feet. Mr. Bunnell passed out pictures of the home to the BZA. Nguyen Tuan, 1389 Blair, stated that h applied for a building permit #142966 • _ on August 23� 1982, to add the additio on to his home. He stated that the inspector came to the home after he ha the framing completed and told him to proceed as the home was structured sat sfactorily. He stated that he has had ' - no problems until 1988 when he receive a citation. He stated that he went to court three times and each time was to d it was dismissed. He stated that he likes the neighbors and has lived ther for 15 years. He stated that the City did not inform him at the time of com etion of the addition that it was not done properly. � , Florence M. Winkel, 1353 Blair, passe out a picture showing what the original � house looked like before remodeling. She stated that she feels the City hasn't done their job in communicatin with Mr. Tuan and that the building inspector should have advised him thr ughout the remodeling work. She stated that a home in the neighborhood was r cently sold and the owner took a great loss because of the appearance of Mr. Tuan's home. That same neighbor told ; her that she could see into the crac of the Tuan home where the addition was put on at night when the Tuan's had t eir lights on because the home was not finished correctly. Ms. Winkel state that she spoke to her realtor and was told that she will also have to endur a loss if she sells her home. There . has been three fires in the home and he original garage burned down too. The � , � new garage was built on her property ine and she is not pleased with that and . � would like the variance denied. John Blackstone, 1354 Van Buren� sta ed that he is opposed to the variance. He stated that the home is unsightly and unsafe. He stated that there has been several modifications to the ho e including the chimney. He stated that the home is now a multiple-family dw lling. He stated that Mr. Tuan's home has reduced his property value and w 11 also reduce the amount of money that the City receives in property taxes ue to diminished property values in this area. • File #10476 �� ` /�� Page �ao Rosamond Gilbert� 1351 Blair, stated that she spent $30,000 to improve her � home and is very sorry she did so now bec use of the appearance of Mr. Tuan's home. She is very angry that her propert value has decreased after all of � the work she has put into it and she is o posed to the variance. She stated that at one time it was a good neighborho d and that Mr. Tuan had a lot of junk in his yard. She stated that there s also an addition on the back of the home that was never approved and the uilding desperately needs a building inspection. Mr. Tuan stated that his yard is free of debris now and the addition must be sound as the home is still standing seve years after the addition was added. He stated that the building inspector an his supervisor were at the home . while he was doing the work. He stated hat the neighbors are invading his privacy by taking pictures of his home. He stated that people build the way they wish to and in regards to the prev us fires, there is no problem now. He stated that there is racism in the n ighborhood. Mr. Osborn asked Mr. Segal if there is statute of limitations that applies in this case because of the structure b ing modified in 1982. Mr. Segal. replied that if the remodeling was in v olation of the Zoning Code at the time it was done it is an illegal use. Mr. Grais asked Ms. Lane if the bui7:di g inspector did check on the house. Ms. Lane replied that the original ins ector has since retired. His supervisor followed up on his cases an Mr. Tuan's case has been going on since that time. � � Hearing no further testimony, Mr. Grai closed the public portion of the meeting. Ms. Maddox moved to deny the variance and resolution based on findings 1 � through.5. Mr. Kirk seconded the mot on, which passed on a roll call vote of StoO. Submitted by: - Approved by: . �i?� �� .�.. .,..�.� Marv Bunnell Sam Grais , . - . . . , � �� ,�� /�� 6 ' ��y , 6' �Z " g �'e�" ' / �� '�S� o,�r,,� . 3 �1�,c2 ,��-� . G'Ty � . � l s� �� 1,�.��-� �n � � � ��u� .�v .s-s'io� �-- 2 Z y, -3�77 �� R��P� ;o y �-��,� o.�,�,��3. , . �' �� `�� j�� A-y7�iU ;��1� , . L � � ,�-�� /t,� . �,� ��.� • �� ,�y ,��s� .�76va-.�.�%- � l9$� . � Por � ' s T� � �- 0 � y� C��l/i//°`=� A� /��' . �G�s� •�� T �3�� 1r��N`yy�o�e� , � w i c� �O�'1 L y �;;� �SGI/��9 �2..� d�� - . k�' �—`�� iV� � a�'�rl� • o�v'Gr'Y P�-o �=��-y �-i— � �/a�� --rr� w . s� ��,��,o�r ��c.� � 1 � �� . s� _ � �� .�. \ L , ) � /��--�7 7� �Ct,.Y O�8 . \ E � ��; �. F� ; ��-----' CITY OF SAINT PAUL ° ��°,,, b DEPARTMENT O PLANNING AND ECONOMIC DEVELOPMENT `�� hc' DIVISION OF PLANNING 25 West Fourth Street,Saint Paul,Minnesota 55102 786� 612-228-3270 GEORGE LATIMER MAYOR R°ECEIVED May 25, 1989 MAY 251�89 CITY CLERK Mr. Albert B. Olson, City Clerk Room 386, City Hall Saint Paul, Minnesota 55102 Dear Mr. C11son: This letter is written to confirm the earing date for: �� Applicant: Nguyen Tuan File Number: #10489 Purpose: Appeal the Board of ning Appeal Decision Legal Description of Property: 1359 Blair Avenue Lot 26; Blk 6; Syndicate Addition #5 Previous Action: Planning Division Dec sion: Zoning Committee Reco endation: Board of Zoning Appea : ( deny, vote ?, April 23, 1989) In order to allow time for the mai ing of appropriate notices, please schedule e heari date as soon as possib e after 6-23-89. Our preference would be � 6-29-89. I will phone you within the next f w days for schedule conf�rmatic:.. Please disregard the previous let r sent to you on 6-23-89 Sincerely, � �� Daniel K. Bayers Zoning Section cc: file # 10489 cc: Mary Jean Notice sent 6/13/89 . , , _� ' � , �Gl7Y OF@� � �� : CITY OF SAINT PAUL � � ° ��„��,,, ; DEPARTMENT rJF LANNING AND ECONOMIC DEVELOPMENT �m '�� ho' DIVISION OF PLANNING 25 West Fourth Street,Saint Paul,Minnesota 55102 1 8 6'� 612-228-3270 GEORGE LATIMER MAYOR /�/�[� RECEIVED ��y� �� MAY 2 41989 May 23, 1989 CITY CLERK Mr. Albert B. Olson, City Clerk Room 386, City Hall Saint Paul, Minnesota 55102 Dear Mr. Olson: This letter is written to confirm the he ring date for: Applicant: Nguyen Tuan File Number: #10489 Purpose: Appeal the Board of Zoni g Appeal Decision Legal Description of Property: 135 Blair Avenue Lo 26; Blk 6; Syndicate Addition #5 Previous Action: Planning Division Decisio : Zoning Committee Recommen ation: Board of Zoning Appeal: ( deny, vote ?, April 23, 1989) In order to allow time for the mailing f appropriate notices, please schedule the hearing date as soon as possible a er 6-20-89. Our preference would be 6-22-89. I will phone you within the next few d ys for schedule confirmation. Sincerely, ��i��/`� /�. i�Ih"��1 Daniel K. Bayers Zoning Section cc: file # 10489 cc: Mary Jean �,B��S�„A zZ �`'1a , ` -�� , �� _ -� � �3S�t �� o�.:��r� � io y�G k ' �� 7� I. �� o � �3 f'9 % �� . ��s�..��-, ��n i q a 4S O T Ge.'�..� � /! o! / / / d,9i'...ca-�. �Cc� itm� f�/fQal/ � /�'�lO+� C�� / / - - -__ - ---__,-------r- .�,P �. . . ,,,..'�y�r t ��. •t •,;!� • . � _ ?�, ,t r,. � �+ �y iCA.! /'Q.Sl�'e^' '�CG/'o5S S �✓'ea � l.Sod�1 4"t/° /��%�� rs��S T. 4-h.s�o !a lc��e To 9�2 /�t c,P�j�� l o �� ,,`�s �.� .' /' �'�-�3.� �"3 ��ac.Ks'I�a-.� 2 2/�a /98 9 _ � i3�'g Bl4��- zo,�,,,��"r� , �oyac � �r � �f 1� /�?� F' I . + � 7 \\ ��. \ yP�•� k ,r I � ' � � � � r+.:�. ;-�� . _ � �-�, . � i I •-�'�.' 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': �'fi rJ'�s �4 � w � .' t ,� ~ �� 's r r t ' w�.;� � :�' � r, �t` t� -r*'�h ,� 3 X x, ` . ;� � � �. fi ,� : ;� � Y� `� .�'i�'� i #s ` ♦- � - � "�'� s ,�,��"� , - �- i« i� m� �� 4� � '3�t�i ��'��k{w'�' �� ;5z, „�SC + F i t�± t: o�� : Y3��'� hy x • fi. �~ � ; ��' t f 5.4i �/ 4 h , +� �' ��°�Y.h."� .., r"�-`."�`.,�., � .�� :!•L', t . _ �...,.��_ f e' .. _u�_ ,fi L�:��Yat. �3'� d?� .� ...,�Ka,.9,�u.�.ik�ti�.�,. .�s,-.�?�» �,7��,+�� ..._ .,.am.-fr ...a� ��:.. :� ----- � � �� p� � ' � ONING FILE �°` , �CEfVED �UN 3 01989 CITY CLERK I -�Q � -e,� �`�� 0 �� 3 � r . � �� ` �I�o )Y i l _ , �O �y �J � � 13� �31� �r . - ��y ZONING FiLE �°`��`� MARV BURNELL: WE RECEIVED A LETTER ABOUT 1359 BL IR — TRAN NGUYEN. WE ARE UNABLE TO ATTEND THE MEETI ON JUNE 29 9: 00 AM WE ARE COMPOSING THIS PETITION AG INST THE VARIANCE BECAUSE THE WORK— MANSHIP DOES NOT MEET HOUSING ST DARDS. ALSO BECAUSE OF THE CONDITION OF THE REST OF THE HOUSE AND YARD THERE HAVE BEEN MULTIPLE ADDITI,ON DONE TO THE HOUSE AND GARAGE THAT NOT ONLY MAKE THE PROPERTY AN EYE ORE� BUT DETRACTS FROM THE VALUE OF OUR PROPERTIES. THE HOUSE HAS BEEN USED AS RENTAL PROPERTY WITH MANY FAMILIES LIVING IN. WE HOPE THAT THIS PETITION LET� Y U KNOW THE GRAVE CONCERN THAT WE HAVE FOR THIS MATTER. WE DO NOT WANT OUR NEIGHBORHOOp O �ECOME A SLUM AREA. . . . . . . . . . . . . . NAME ADDRESS ' / � �� ✓'� �-R---` �-e -��.�--� � �3 �,� u� ��,PE�� 9 �,�t�¢i- / /O��it/�Gi'P t Jl (S7�� .��/a,��--�— 39� VQ�,�,��i�.� ��,/s--��3I 9 � �� u�.._ � �- � — ' �� Cl,�(.,�. �'`1 � ��._ ii� . � �% �-�-� � . , �� - �.��.�-� j.� �� ,�� G �'� — ir�� r p� c� �� l / / — �c�v.��.�.c�_ I_:�� f`� ,�'�`(...(; �\�,�►1 �..��.c��-� (i;`–�!�_-' �`.�? 0 _ �= , 3�7 l�i� �t/✓'e h � y�-/�� '�' – 8 6 ��-►�. /.� �� 7J�- � �� -- � 9 � , �s3 �'�.-�. � y� ��.� �3c�� .n: ,` �°��= �-�� ` ►�� ✓,�.� /�w� ��s ► � � �� 3��-[ �e�� v re.� (o'��'��1 ---------_ � ��'�l��i F�t� ��--`��9 , PETITION I am opposed to the proposed Set back variance being requested for 1359 Blair. I believe that granting tk�is variance will have an adverse impact on my neighborhood. I request that th� C ty of St. Paul Council deny the �� y 7y petitioners request. NaqC,� d Address Phone C'tj�=yt �-+^- Gz ��- �l-� � .� � �5�� - o%�o ' � � �- /4�'� << ,u� ��5`�- n� 1-� _ , ,� �'' - l"r-c�t, �o - / � 1�yi -� i o � ae� l N�-D�� " �"Q?s-� �-C7� - 9 "� ,,,,, t-�, /3 s-`� `i-�-� ��f� /9�J v Z ` '" � � � �� e��L /�v � t 1 . ZONING ��.E ��`+� , PETITION I am opposed to the proposed set b k variance being requested for 1359 Blair. I believe that granting this v iance will have an adverse impact on my neighborhood. I request that the Cit of St. Paul Council deny the petitioners request. � �C_� ��y Na e � Address � Phone � . 3 � - s �r �.��- �� ... � �✓ �!J ✓•`�� GENERAL BUILDING PERM1 - �� , � CITY OF SAINT PAUL "�`°"";� '' , JS}�k ' DEPARTMEN � ��'a— I�� i�` ' '- � DIVISION OF'HO SING AND BUILDING � �. CODE ENFORCE ENT � f; 445�ITY HALL � �i � � � � � ST. PAUL, MN 5570 � � Permit Na � PLAN NO. �� `"' O DESC IPTI OFPROJECT DATE * � � V� OWNER OWNERS ADDR S � ' � ❑ OLD � , ( TYPE OF � 3 ❑ NEW TYP CONST. �V OCCUPAi�CY GRADING STUCCO OR ❑ BUILD AND EXC. ❑ PLASTER DRYWALL FENCE ❑ ADDITION ❑ALTER ❑ REPAI ❑ MOVE ❑ WRECK .�� NUMBER STREET SIDE CRO STREETS 13� I�l� 2 WARD �O BLOCK ADDITION TRACT � � •/� IDTH DEPTH SIDE LOT CLEAR CE BUILDING LINE ' FRONT REAR J' LOT �� W WIDTH LENGTH HEIGHT STORIES J STRUC- � TURE .��y q,� �� l�� V ESTIh1ATE VAWE BASEMEN TOTAL FLOOR ARE � � YES NO SQ. FT. INCLUDEBASEME T ZDETAILS 8i REM \ — Z `� �►•��s O • �, vN N _ d + � TEL. NO. � I� � r L�fi G�� /"y • r f�L/V ARCHITECTi � � CONTRACTpR � ADDRESS& ZIP MASON RY l,1 � STATE ,y� �„� PERMIT FEE �O� � � VALUATION �/ V 52 PLAN CHECK �CE�� 1 V` ��C��y7 r-' sTATE �j �p 8LDG2S�1 �O.�t� SURCHARC _ ./� ! � ��pDG78� �.�� tSQ J7 TOTAL FEE L�+ � �� TOTAL f�.:�L i�HECf.: ;'�.i, � APPLICANI` CE 71FIES THAT ALL IN- ��.r�c��c� �j��'«� FORMATIO�N I CORRECT AND THAT ALL PERTINEN STATE REGULATIONS CASHIER USE ONLY AND CITY �ORD NANCES WILL BE COM- WHEN VALIDATEO THIS IS YOUR PERMIT PLIEDWITM IN RFORMING THE WORK FOR WHICH TH S PERMIT IS ISSUED. Q ��r,�r'� St. Code � �«�� X ADDRESS �� I��, OF JOB l, AUTHORI2ED IGNATURE �« , �- 7 J Z-� � � . .>�� . . � . . � . . . . 2 � . � . ,I � ;. �-�y-f�7� CITY O'F S INT PAUL INTERDEPARTM�NT L MEMORANDUM July 20, 1989 T0: Council President Schiebel Members of the Council FROM: John Hardwick, Building Insp ction & Design Division RE: 1359 Blair Avenue �';�, In response to the Councils ` reques for this Division to attempt once again to resolve this matter prior o the July 27, 1989, hearing, we have inspected the exterior of t e referenced property and attempted to inspect the interior of the bui ing. On three separate occasions we have been denied access to the uilding. On July 6, 1989, Mr. Nguyen Tuan refused entry to John Conway Building Inspector) in a phone conver- sation, on July 10, 1989, Mr. Tuan ' son refused us entry, and in another phone conversation on July 17, 198 , Mr. Tuan again refused entry to the building. Enclosed is a report of the extier' r inspection conducted on July 10, 1989. Judging from the poor work anship and code violations visible from the exterior, we must assume tY�at the interior, non-visible, work is of the same quality and therefore ma be structurally unsound. I would like to reinterate that w have no record of any inspection or approval of these additions, and hat the permit was issued for a three season porch, not a year round t -story addition to the front of the house. /krz � , cc. Lee Ann Tu.r'chin Kathy Stack Larry Soderholm Jan Gasterland - enc. r. � - >, f ti .,,,Yr .s. . �. `� . � . y �� ,f . . . - . ._ . . . i� . . . � h. �r*� :..�� :7, � �. . : . . . �r.�� . � ' - _:: � .� �E� 3 CITY OF'SA1 T PAUL ` . .r.��.,, . INTERDEPARTMEWTA MEMORANDUM , Ju 13 1 �� 0 �`" � � �`7 ly , 989 T0: File FROM: John Hardwic RE: Results of inspection conducted on July� 10, 1989 - - I �,�,� On July 10, 1989, an exterior inspectiQn as conducted by John Conway and me. We made the following observation� a d conclusions. 1) On September 1, 1982, a permit (�11429 6) �aas issued to Mr. Nguyen for remodeling an unheated 3 season po�ch This addition is not an unheated 3 season porch. A building permit� wa not issued for this type of addi- tion. We have no record that the �aor done under permit 11142966 was ever inspected or approved by this Divi�io . a) The front second story additio� p ojects into the required front yard in violation of Section 61. 101�(A) of the Zoning Code. b) The roof ridge line is uneven,� sa s, and has bumps and dips. It was not constructed in a professio�nal manner and appears to be structurally unsafe. c) The shingle application on thi,s ddition was improperly done and may be subject to leaks and subsequent ater damage. d) The siding application was also one improperly and may be subject to water damage. 3) The trimboards on the rake and f cia are ill-fitting, creating openings for rodents and birds to enter. At the time of our inspec�tion, we witnessed b�rds entering these o enings. 2) A chimney was erected on the east' si e of the house without the required permit and in noncompliance with the building code. 3) The original chimney is in disrepair with missing mortar and an improper flue. 4) On March 3, 1978, a permit (��48132) � as issued for a rear addition. We have no record that the work done under this permit was ever inspected or approved by this Division. a) The roof ridge line is uneven a d sags. It was not constructed in a pro- fessional manner and appears to e structurally unsound. b) The shingle and siding applicat on was done improperly and may be subject to leaks and water damage. � � .. r�� ,�;:,a� � � . . ;-�� .. . . .. . ..�_.� �... ''. . ., ��.. � � .�. �: . . Y t.: L�7 if,�l t� °h��r�f � �.. - -- �� - -'<...�.. . .__:. ._: .,. . ;. ._- � . 1. _ �;1�c 1'� a .. �, �,.. i s ' - b;� :~,,�,,��;_ `�; . - .. � . . X s }-. . Page 2 '�} ;� .�.�+ 4 f�'-�°�� , �T F�a RE: 1359 Blair �r rt - ��`.�`�� :: .;� 5) The electrical entrance cables aze rapped in what appears to be plastic garbage bags. We were unable to de ermine why or what was under the plastic. This could be an extremely dangerou condition as the power lines are very close to a second story window. 6) While John and I were at this build'ng, we spoke to Mr. Nguyen's son and requested to inspect the interiar f the house. He denied us entry saying that we must get permission from h's father. Mr. Nguyen in a phone _conver- sation with John Conway on July 6, 1989 refused entry. 7) According to Mr. Nguyen, he no 1on er lives at this address although he is �,;' still listed as homesteading it. /krz r` ¢ f• � �Z� ' t 7� CITY OF 5 INT PAUL L�'° %`" /� INTERDEPARTMENT L MEMORANDUM Juiy 25, 1989 T0: Address File FROM: Rich Thompson RE: 1359 Blair -- Inspection wi,�th ohn Hardwick on 7/24/89 '' The cantilevered second-story a�di ion on the front of the house has a considerable droop at its overh�ng. As the framing has all been covered up, it is not possible to determin whether it has sagged or whether it was simply built out of level. �Th work which can be seen is of eYtremely poor quality, both as to workmamsh p and materials. The roof is of an unusual configuration, to say the east, and one can only guess at the framing system. The joining point between the old and new portions of the house are crude and poorly fit ed, as are the exterior soffits and fascia, and there is a very real estion of weather-tight integrity. Portions of the interior, nearlth southeast corner, show signs of water infiltration. The framing, as no ed, could not be inspected, but several portions of the second floor h�ve distinct "soft spots". The soffits are not vented. The older addition on the rear of the house is of equally poor quality, although the owner claims that th noticeable slope of the second floor is the result of utilizing an ol porch floor which was sloped for drainage. The stairs are much s eeper than allowed by present code, as well as being extremely irreg lar and having several triangular "winder" treads. The owner claims the st irs were original, but couldn't tell us what they used to go to befor the addition was built. The configuration of the building is definitely su h that it could be used as a duplex, although we have no evidence tha it is now being so used. Both additions appear to have m e extensive use of salvaged materials, sometimes of questionable quali . Wiring is basically by extension cord, and plumbing is a mixture of all imaginable materials. No part of the building has a finished, mu h less a professional appearance to it. RT/cg cc: John Hardwick ��'� CITY OF SAINT PAUL s ti`,T' o� ��0 �i i �; ��, OFFICE OF THE CITY ATTORNEY '-' u�itl!1111� ,= `-;;� 111111 11 11 ^,� -;. EDWARD P. STARR, CITY ATTORNEY �°'<<�_°',fi��`� 647 City Hall, Saint Paul. Minnesota 55102 612-298-5121 GEORGE LATIMER RECEIVE(, MAYOR August 4, 1989 AuG 071989 ��/�� e��: Albert Olson City Clerk 386 City Hall Dear Mr. Olson: I have prepared at your request, on behalf of the City Council , resolution denying the appeal' f Nguyen Tuan to the decision of the Board of Zoning Appeals for his property at 1359 Blair Avenue. The resolution provid s that the structure must be brought into compliance with he Zoning and Building Codes within 60 days from the adoptio of the resolution. It further provides that a copy of the r�so ution shall be mailed to Nguyen Tuan. Would you please prepare the� quired Green Sheet and submit this resolution to the City Counc 1 for its consideration. Yours very truly, JERO J . A Ass st nt ty Attorney V JJS :G�� WHITE - CITV CLERK � PINK - FINANCE GITY OF SA NT PAUL Council IIIJJJ BL�ERY - MAVORTMENT File NO. �/�'� - Council R solution �� . �,�� ..�Y�, Presented By � Referred To Committee: Date Out of Committee By Date jV;-iEREAS , Bernard Waltzing, 2214 St. Anthony Avenue, Saint Paul , Minnesota 55104, applied o the Board of Zoning Appeals for a variance under the prov' sions of Sections 61 . 101 and 62. 106 ( 1 ) , the variance being a side yard setback variance of one fooi, and a lot coverage ariance of 8.4% for the purpose of constructing a carport addi ' on onto the rear of a single family house with an existing att ched two-car garage ; and WHEREAS , followin� a public hearing with notice to affected property owners , tne Board of Z ning Appeals by its Resolution No . 10491 adopted June 13, 1 89 denied the application for a variance based upon the followi g findings of fact : ( 1 ) The applicant wanted carport addition on his house in order to park his vehicles and boat out of the weather. The proposed carport would sto e a vehicle while the existing garage would store another vehicl and a boat. (2) The proper�cy currently has two enclosed parking spaces in the existing attached garage. Outdoor storage of a vehicle is considered to be a mere inco venience and not an exceptional practical difficulty or hardship. ( 3) The proposed carport ncreases the existing lot area coverage of 33% which already exceeds the maximum allowed of 30%. The type of structure p oposed is not prevalent in this neighborhood and may negativel impact the cnaracter of the neighborhood and could potent ally diminish property values in the area. (4) The variance , if gra ted, would not permit any use that is not permitted in the z ning district where the property is located. � COUNCIL MEMBERS ' Requested by Department of: Yeas Nays � Dimond ' Lo�g [n Favo� Goswitz Rettman i B scheibe� Against � Y Sonnen ' Wilson � Form Approved City Attor y� Adopted by Council: Date � Certified Yassed by Council Secretary � BY By � �, A►pproved by Mavor: Date _ Approved by �Vl��yor for Submission to Council �f $y BY