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88-1150 WMITE - C�TV GLERK PINK - �INANCE COVQCII /](}� CA4�ARV - O:rPAR7MENT GITY OF SAINT PALTL File NO. �V //� � BLUFr - MAVOR � Co ncil Resolution -- Presented By �.�� ,;; Referred To Committee: Date Out of Committee By Date WHEREAS , Richard Cammack, 715 Linwood Avenue , Saint Paul , Minnesota, applied to the Planning Commission of the City of Saint Paul for a Nonconforming Use permit under the provisions of Section 62. 102, subd. 5(11 ) for the purpose of establishing a legal nonconforming status as a tri-plex on property described as the south one-half of Lots 1 , 2 and 3 , Block 1 Bryant ' s Park Addition, and described as 203-205 So. Chatsworth and 989 Linwood Avenue; and WHEREAS , the Zoning Committee of the Planning Commission held public hearings on this application on March 17th and May 5, 1988 , at which all interested persons were given an opportunity to be heard; and WHEREAS , the Saint Paul Planning Commission, based on evidence presented to the Zoning Committee at the public hearings mentioned above and by its Resolution No. 88-25 adopted May 13 , 1988 , denied the application for Nonconforming Use permit based upon the findings that the applicant and application did not meet and conform to the following requirements as set forth in Section 62. 102 of the Zoning Code : (1 ) The subject property is zoned R-4, Single Family Resi- dential District. Conversion of the former duplex into a tri-plex is inconsistent with the single family zoning status of the adjacent properties and the adjacent zoning district. (2) Permitting a higher density residential use that was illegally established may encourage the conversion of other large single family homes in the neighborhood. Therefore , the conversion to a tri-plex is inappropriate and inconsistent with the general welfare of the community. The structure was originally designed as a duplex and was converted into a tri-plex by the previous owner in an illegal manner because the existing COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond Lo� [n Favor Goswitz Rettman �be1�� _ Against BY Sonnen Wilson Form Ap ved by City ttorney Adopted by Council: Date � . Certified Passed by Counc.il Secretary By . B5, i A►pproved by 1Aavor: Date _ Appro by Mayor for Submission to Council By By . r ��-/i�� 4 zoning as of the time of conversion did not permit a three- family dwelling in this zoning district. (3) The off-street parking provided for this site is not adequate. A new three-unit building would require four parking spaces. There are two spaces in the existing garage and one additional space west of the garage for a total of three parking spaces. (4) The use as a tri-plex is no� in substantial agreement with the Comprehensive Plan. The housing element of the compre- hensive plan states that "conversion of existing housing should occur on a limited basis in most neighborhoods to avoid dis- ruption of neighborhood character." Their St. Paul Tomorrow report findings reaffirm the need to preserve the character of single family neighborhoods . Allowing a nonconforming use which has illegally expanded may encourage other property owners to pursue similar conversions. In addition, the District 16 Plan advocates preserving the character of neighborhoods ; the recent plan update urges City enforcement action to uphold zoning ordinances and to maintain population density. and; WHEREAS , pursuant to the provisions of Section 64.206 , Richard Cammack duly filed his appeal from the determination made by the Planning Commission requesting that a hearing be held before the City Council for the purpose of considering the actions taken by the Planning Commission; and WHEREAS , acting pursuant to Sections 64.206 through 64. 208 , and upon notice to Appellant and other affected property owners , a public hearing was duly conducted by the City Council on June 23 , 1988 , wherein all interested parties were given an opportunity to be heard; and WHEREAS , Section 64. 206(a) of the Lec�islative Code provides that in case of an appeal from a decision made by the Planning Commission that the City Council shall have the power to hear and determine whether the Planning Commission has committed 2. WHITE - CITV CLERK PINK - F,INANCE GITY OF SAINT PAUL Council � /J �'�, BI.UF�RV - M�VPORTMENT �lle NO. �� • / Council Resolution Presented By Referred To Committee: Date Out of Committee By Date an error in any fact, procedure or findings ; and WHEREAS , the City Council having heard the statements made and having considered the application for nonconforming use permit, the report of staff, the minutes and findings of the Zoning Committee and the resolution of the Planning Com- mission, does hereby RESOLVE , that the Council of the City of Saint Paul does hereby affirm the decision of the Planning Commission in this matter and does hereby find and determine that the Planning Commission did not commit an error on any fact, procedure or finding and further, that the City Council does hereby concur in the findings and determinations made by the Planning Com- mission, including the finding and conclusion that any hardship that has been created is self-created by the previous owner of the property; and, be it FURTHER RESOLVED, that the appeal of Richard Cammack be and is hereby denied; and, be it FURTHER RESOLVED, that the City Clerk shall mail a copy of this resolution to Richard Cammack, the Zoning Administrator , and the Planning Commission. 3. COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �ng (n Favor coswitr�"�1 Rettman B Scheibel A gai n s t Y �-6ee��elr Wilson � , 1� � Form Appr v by City Attorney Adopted by Council: Date ` .. �.. ) Certified Yasse y uncil Sec By gy, Approv Mavor: Date �8 Approv d y Mayor for Submission to Council By PIfBIlSkiED J U L 2 3 198� i I � SS'//vr`O . .�° D13421�� . , . . - - - - - - DEI TMLNT � CO ACT NAME DA� E ASSIGNf NUMBER FOR ROtJ,�I}JG ORDER� (See reverse side.) il _ Departnent Director _ Maqor (or Assistant) _ Fi#�ance and Management Serv es Director _ City Clerk _ Budget Director _ _ City Attorney ; _ TOTAL �T[T1�IBER OF SIGNATURE PAGES!: (Clip all locations for signature.) �T W�LL BE ACHIEVED BY,�,,, TAKINQI ��CTTON ON THB ATTACHED MATERIALS? (Purpose/Rationale) � =� 1F��- R�,I'al�'`,.�► ��jr �.•�1��/;,l-• wo�► G�C �l�� y�-�.� , � � � t' j V � �'`��"- �� 4 F C�c,�a� d� � Ca�w��,.IC -�'� 7�l+� d+�c r v� ��c�t,,�� »e�rJ';v«r i�'i '�1��y:v h:�. o• N14rN ''C.fA�►�a►r�7 l�.�;7"'.. ; � �'-b w C:�.�'tww►r?� . �t��✓dE E d9�� A �r �, -�'-�� lc X � .�L rI N 0 N U N I PAC :�""�� j �N.� �3� /�� . ; ; � � � i i Council Research Center � � � JUL 0 71988 FINAN G BUD E V BER C D T D: (Mayo�c's signature not requira if under $10,000.) i � Total Amount of Transgction:lj � Activity Number: Funding Source: ; i , i � ATTA Ei ENTS: (List and numbe� all attachments,) • I� I . . iI , ADMII�ISTRATIVE PROCEDURES 'Ij I � � _,�,Yes No Rules, Regu� tlons, Procedures, or Budget Amendment required? Yes _No If yes, are� hey or timetable attached? DEPA�TMENT REVIEi�I I CITY� ATTORNEY REVIEW t I • Yes �,No Council resol� ion required? Resolution required? _,,Yes _No _Yes ,_Na Insurance req red? Insurance sufficient? 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R�` �9. � � � CITY OF SAINT PAUL a � ittnu � DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT v+ ' �� „o' DIVISION OF PLANNING 25 West Fourth Street,Saiot Paul,Minnesota 55102 ,�s• 612-22&3270 GEORGE LATIMER MAYOR June 16, 1988 RECEIVEQ Albert Olson, City Clerk Room 386, City Hall 2 0�ga� Saint Paul, MN 55102 JUN RE: Zoning File #10309-Richard Cammack �� LERK City Council Hearing: June 23, 1988 PURPOSE: To consider an appeal of a Planning Commission decision which denied a Nonconforming Use Permit to establish legal nonconforming status for a third unit in a legal duplex. PLANNING CONINIISSION DECISION: Deny (15-0) . ZONING COMMITTEE DECISION: Deny (7-1) STAFF RECOMMENDATION: Deny SUPPORT: One person spoke. OPPOSITION: Four persons spoke, eight letters and a petition with 18 signatures received. Dear Sir: On March 17 and May 5, 1988, the Zoning Committee of the Planning Commission held a public hearing on this nonconforming use permit. The petitioner testified. At the close of the public hearing, the Committee voted 7 to 1 to deny the nonconforming use permit based on staff findings. On May 13, 1988, the Planning Commission upheld the Zoning Committee's recommendation on a unanimous voice vote. Mr. Cammack is appealing this decision and it is scheduled to be heard by the City Council on June 23, 1988. The appellant asserts that the city recognized the third unit by issuing an electrical permit in 1974 and an address in 1976, and that the Planning Commission erred in denying the nonconforming use permit. Please notify me by June 22, 1988 if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, G7� ��-e�_ Lisa J. Freese Planner II LJF:rm Attachments �� , APPLI�ATION FOR APPEAL ZONING OFFICE USE ONLY CITY OF SAINT PAUL Fi le # �� App l i c at i on Fee S �� Tentative Nearing Date � Z � App l i cat i on i s hereby made for an Appea l to the C�'� �v''k�� under the provisions of Chapter 64, Section ,�'aragraph of the oning Code to appeal a decision made by the Board o�ng Appeals � Planning Commission on rl� �3 , 19�. Zoning Administrator {date decision) Planning Administrator Other A. APPELLANT Name /�iG� Ha� �+i}-�u ��-c. � Daytime phone �� —4� � Address 7/ � �—�� wedc� Zip Code S.S/a S� B. DECISION BEING APPEAL� � Zoning f i le name �Wftiqc Zoning Fi le � �O.Z�60 Property Address/Location q�� L/.e�woao� � ? — 3� �'��9�-�w�ti't� Legal description � �fZ o� �� 2 3 ��ac � � $�Y�i�,�� 1�''� �'�+� C. GROUNOS FOR APPEAL (Use additional sheets if necessary.) (txplain why you feel there has been an error in any requirement, permit, decision or refusai made by an administrative official, or an error in fact, procedure or finding made by the Soard of Zoning Appeals or the Planning Comnission.) �h�. �-�� u� ►t-5 �f?-e�-�- � /9 7 S- Z o��..�.� d-w� .L �i�4�Jt .4• �a.�f.ui f �'2v�w �Crtc�� a� _� l�t �4 �''C� c ;f., �Ss � � �s,�-.��5- �.� sR-�� ,� . Q cr+c i�1�n �-- _ -- - - - If you have any questions, please contact: g /� ��•� �-. St. Paul Zoning Office ZONIN Applicant's signature /�,� 1100 City Hall Annex S/3� aa 25 West Fourth Street Saint Paui, Minnesota 55102 Date City agent (298-4154) 9/82 ��J',�`� . � F A R I C Y A N D D U N N � ATrORNE`�5 AT LpW .001 M�DWEST FEDERAI 9UILDING 50 EAST FIFTM STREET � � ST. PAUL. MINNESOTA 55101 � � TltEVr+ONE 297�64 � RAVMOND W.FM1CV.JR. . . . TIMOTNV W.J.DU�M1 � . June 1 , 1988 City of St. Paul Zoning Division 1100 City Hall Annex Building 25 W. Fourth Street St. Paul, MN 55102 RS: File No. 10309 Appellant - Richard Cammack Dear Sir or !ladam: Please be advised that the undersigned is representing Mr. Richard Cammack in his appeal to the City Counsel in this matter. I would appreciate being advised as to a hearing date once the same has been established. Please also indicate on the Appeal form that on an additional basis for the appeal is the hardship that is being experienced by Mr. Cammack by reason of the denial of his request f or a legal non-conforming status for his property. Very truly yours, �� C� Raymond Faricy, Jr.� ` RWF/smp .,....,. ._ ; _ __ _ . . _:,_ :�.,s._� �.t�i��i�� ..� _.._- �� '�,�� . , �ity of saint paul . planning commission resolution file number �R_,5 �te May 13, 1938 i��S, Richard Cammack, file #10260, has applied for a Nonconforming Use Permit under the provisions of Section 62.102 Subd. 5(11) of the Saint Paul Legislative Code� for the purpose of establishing legal nonconforming status for a triplex on properry located at 203-205 South Chatsworth, 989 Linwood legally described as South 1/2 of Lots l, 2, 3, Block 1� Bryant's Park Addition; and �.'HEREAS, the Zoning Committee of the Planning Commission on March 17 and May 5, 1988, held a public hearing at which all persons ptesent were given an opportunity to be heard pursuant to said� application in accordance with the requirements of Section 64.300 of the Saint Paul Legislative Code; and k'HEREAS. Saint Paul Planning Commission, based on the evidence pzesented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: 1. In January, 1983 Mr. Cammack purchased this property on contract for deed from Mr. Terrance McGrath as a triplex. There are two� 2-bedroom apartment units, • one each �on the first and second floors of the building and a 1-bedroom unit in the ba�ement. A detached two-cat garage is located to the west of the house and � is accessed from Linwood Street. 2. The structure was originally constructed as a duplex in 1885. Mr. McGrath states that in 1975 he added the third dwelling unit in the basement. The unit was constructed without a permit and he was unaware that it violated the zoning code. The third unit was first listed in Polk's Directory' in 1977. 3. Prior to 1984, the property was cited for several fire code violations and the . zoning violation. Mr. McGrath states that all fire code deficiencies have been corrected, but the Division of Fire and Safety Services has not been able to gain access to the unit in order to confirm it. (continued) . - . moved by r,oRTo� s�;cor�ded by ^:E�r, . in fav�or -- - ;��„S a�ains� . �_�,�--� . File �10260 Psge Two 4. To grant legal nonconforming status to uses that fail to meet Section 62.102, the P2anning Commission must make nine findings; these requirements and the applicant's ability to meet them are as follows: (a) The use occurs entirely within the existing structure. Ttie unit in question h�as over 1100 square feet and is located in the basement of the structure. City inspectors report that it is a nice unit. � (b) The use is similar to other uses permitted within the district. The property is zoned R-4, a single family residential district; a triplex is inconsistent with the single family zoning status. y� (c) The use is appropriate and is consistent with the general welfare of the com�unity and the enjoyment of the adjacent property. Permitting a higher density residential that was illegaily established may � encourage the conversion of other large single family homes in the neighborhood. Therefore, the coirversion is both inappropriate and inconsistent with the general welfare of the community. (d) The use has been in existence for a period of at least 'ten years prior to the application to the planning commission. The third unit has apparently been in existence since 1975, but staff was unable to verify that through any official records. The construction was done without a building permit. � (e) The off-street parking is adequate to serve the use. - (continued) ' • � �._ �,�� . File #10260 Page Three A new three unit building would require 4 parking spaces. There are two spaces in the garage and one space west of the garage for a total of 3 parking spaces. � (f) The use is in substantial agreement with the comprehensive plan. The housing element o� the Comprehensive Plan states that "conversion of existing housing should occur on a limited basis in most neighborhoods to avoid . . . disruption of neighborhood character." The St. Paul Tomorrow report findings reaffirm the need to preserve the character of single family neighborhoods. A2lowing a nonconforming use which has illegally expanded ' may encourage other property owners to pursue similar conversions. In addition, the District 16 Plan advocates preserving the character of neighborhoods; the recent plan update urges city enforcement action to uphold zoning ordinances and to maintain population density. � (g) Ha.rdship would result if the use were discontinued. . • Mr. Cammack has provided a statement that if he were unable to rent this basement unit, the payment on the property would be $590 per month greater than the rental income. Currently, rent is $495 per month for the basement unit and approximately $625 per month for the two upstairs units. There are tenants living in all three units. ' (h) Rezoning the property would result in a "spot zoning" or zoning • _ inappropriate to the surrounding land use. To built a new triplex requires RT-2 zoning and a lot area of 10,000 square feet. Since the neighborhood is primarily single family, zezoning this parcel is inappropriate. ' (continued) - �=��Jy j `�� . , File #10260 Page Four (i) That a notarized �etition of two-thirds of the property owners within 100 feet of the property has been obtained stating support of the use. A sufficient petition was submitted with the application. lfao persons signing the petition have provided statements withdrawing their support. 5. The tziplex cannot meet the required findings b, c, e and f; therefore it is. inappropriate to grant legal nonconforming status for the third basement unit. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that under � the suthoriiy of the City's Legislative Code, the application for a Nonconforming Use Yermit to establish a legal nonconforming use status for a triplex at 203-205 South Chatsworth� 989 Lir►wood is hereby denied. r , . �%k - f��-� MIIQOTES OF THE ZONING COI4IITTEE CITY COUNCIL C�BERS� SAINT PAUL, MINNESOTA ON MAY 5, 1988 PRESENT: Mmes. Hirte� Korton, Tracy and Zieaan; Messrs. Christenson, Levy, Neid and Repke of the Zoning Committee; Mr. Segal, Assistant City Attorney; Iis: Lane of the Building Inspection and Design Division; Ms. Freese and Iis. Murray of the Planning Division staff. ABSENT: None. The neeting was chaired by Gladys Morton, Chairman. gichard Ca�ack (#10260): A Nonconforming Use Permit for property at 203-205 South Chats�rorth/989 Lirn�rood to establish legal nonconforming use status for a triplex. The applicant was present; there was opposition present at the hearing. Ms. Freese reviewed the staff report with a recommendation for denial. Keith Hanzel� 814 Degree of Honor Building, representing the applicant, showed a video tape of the interior and exterior of the site. He distributed and explained a map showing �rhere neighbors favoring the nonconforming use triplex reside. llr. Gregg Fleischhacker� 222 South Snelling, was introduced and said that of the hundreds of hoses surveyed, only six or eight residents opposed the permit. Katt�leen Werthmann, 1593 Hillcrest, stated that she hes managed the property since 1981, described the indoor and outdoor improvements and the quality upkeep of the property, and the lack of neighbors' complaints about the triplex and its tenants. Mr. Neid asked Ms. Lane if building permits were requested for the improvements. Iis. Lane stated that she would check the files in her office regarding permits for the i�rovements; however, a permit for construction of the third unit, in the baseaent, was never requested. Mr. Hanzel referred to the staff report findings and questioned number five (d) regarding the ntmber of years the third unit has been in existence. Ms. Freese responded that the first docuaentation found for that unit was 1977. Mr. Hanzel said that work on the basement was started in 1971 and that a separate address was added in 1975. He went over items (b, c, e, f) and subaitted the applicant's disagreement with the findings. Ruth Armstrong, 745 Grand Avenue, District 16 co�unity organizer, stated that Mr. McGrath aet with the Sunnit Hill Association, that the co�ittee vote was 5-0 in opposition to the nonconforming use and that the Board unanimously supported the committee's decision. She questioned the support of some of the petition signers. Mr. Christenson asked if reasons were knovn for the co�ittee's vote in opposition. lis. Armstrong responded that the board may have been influenced by problens vith the use of the triplex located directly north of the applicant's property. �;��s_�� .Fila ,�10260 Isay 5, 1988 Paga 1Wo Mr. Christenson asked if the S�mmit Hill Association is avare of Iir. McGrath's conversion of other neighborhood homes. Ms. Arnstrong said that there are others, but that she is reluctant to testify on this point. Mr. Levy aslced for the clarification of District 16's concerns. Ms. Arsstrong stated that District 16 is concerned With the coamunity's direction and that there have been problens vith other properties. She said that l�ir. Cemmack or his attorney have not communicated With the district council; that Mr. McGrath has always represented the issue on this particular property. Mr. Christenson asked if the date of triplex comrersion was known. lis. Armstxong stated that she was not sure of the date. Nr. Repke stated that his understanding is that Mr. irlcGrath is the person who com�erted the unit illegally in 1973 to an electrical shop� who moved out in 1977. and who is the fee owner of the property. Ruth Bouttell, 1003 Lirn�ood� stated that she has resided for 46 years at that address, stated that the property in question was a duplex until recently, and also stated her opposition because of the lack of appropriate tenant parking. tir. Christenson questioned the date of com�ersion to a triplex. lls. Bouttell said that it was resodeled to a triplex, probably in 1981-82, after Mr. l�IcGrath closed his electrical co�pany which was located in the basesent. Mr. Hanzel stated that his client, Mr. Cammack, owns four or five other pieces of property and aslced the com�ittee to differentiate between Mr. IicGrath and iir. Ca�ack. llr. Christenson asked why Terry licGrath is presently ittvolved. Mr. Hanzel stated that Roger Ca�ack purchased the property from Terry HcGrath as a triplex, and although there is no written stateaent to the existence of the property as a triplex, it is his understanding that the property existed in that configuration since the niddle 70's. Mr. lleid ask,ed who eaploys the property aanager, Kathleen Werthmann. lir. Hanzel replied that 1rls. Werthnann is employed by 1�IcGrath Properties to manage both iir. Ca�ack's and Kr. McGrath's rental properties. Hearing no further testimony, Ms. l�iorton closed the public portion of the hearing. Mr. Repke made a sotion to reco�end denial of the Nonconforning Use Permit based on staff findings Sb� c, e and f� snd the staff analysis. l�is. Zieman seconded the motion xhich passed on a roll call vote of 7-1 (I.evy). Submitted by: Appro d by• � �� Lisa Freese Gladys llorto siYman ��J�i�-�� . � � MINUTES OF THE ZONING COI4iITTEE CITY COUNCIL CHAMBERS, SAINT PAUL, MINNESOTA ON MARCH 17, 1988 PitESENT: Maes. Morton and Zienan; Messrs. Levy, Neid and Repke of the Zoning Co�ittee; Kr. Segal, Assistant City Attorney; Ms. Lane of the Building Inspection and Design Division; Ms. Freese and Ms. Synstegaard of the Planning Division staff. ��: t�es. Hirte and Tracy; Messr. Christenson. 1b,e meeting was chaired by Gladys Morton, Chairman. RZCHARD CAI�lACK (#10260): A Nonconfor�ing Use permit for property located at 203-205 S. Chatsworth, 989 Linwood to establish legal nonconforming use status for a tripleg. Zhe applicant was present; there was opposition present at the hearing. Ms_ Freese showed slides of the site and summarized the staff report with a recoHUendatfon for denial. Pat McGrath, 2233 University, representing the applicant, stated that the applicant is requesting a layover to after April 14th at which time Mr. Ca■sack xill be meeting with the Land Use Committee of the District 16 Co�aicil. Mr. IicGrath requested that neighbors present today be allowed to r.estiiy. � lsr. I,evy asked Ruth Ar�strong, Community Organizer for District 16, if she agreed to layover the aatter. l�is. Arastrong stated that she has spoken to- lir. Cae�ack. She stated that District 16 sent a letter to the Zoning Co�ittee in aepposition and a copy was sent to Mr. Ca�ack. Iir_ Neid asked Mr. McGrath if the applicant is requesting the layover until after his April 14th meeting with District 16. Ms. Armstrong stated that the Iand Use Co�ittee normally does not meet this early in the month and has called a special meetiag to meet with Mr. Cammack. Iir. Levy stated that he prefers that District 16 meet with I�Ir. Cammack before April 14th as that is the next Zoning Co�ittee meeting. Hopefully the case cauld be heard by the Zoning Co�ittee on April 14. Ms. Armstrong stated that District 16 wanted to meet with Mr. Cammack on March 24th but Mr. Cammack is going to be out of town then. I�r_ Neid asked what Mr. Cammack's profession was; Mr. McGratli replied an insurance salesman. Mr. Neid asked if Mr. Cammack has a realty license; Mr. licGrath replied no. Mr. Neid asked if Mr. Cammack owns other investment property; lir. I+IcGrath replisd not at this time. Frank Berdan, 1006 Lirn�ood Avernie, stated that he and his wife have resided in the area for aany yesrs. They chose to live in the neighborhood because it vas quiet. The reason for his opposition is that the triplex would deteriorate the character of the neighborhood, He questioned the signatures oa the peLition. In the past similar requests on properties belonging to Mr. �Cao■oack have been denied. . � �JfJ�� File �t10260 n . . Page 1t+�o Mr. Berdan stated his concerns regarding the precedent which would be set if this comrersion is approved. He asked that the Zoning Committee be sensitive to the resale value of their home and that the current Zoning Code regulations be observed. Ruth Boutill, 1003 Linwood Avenue, read her letter in opposition that she sent to the Zoning Co�ittee. Iss. Armstrong stated that since Distzict 16 sent their letter to the Zoning Co�ittee they have received many phone calls in opposition. District 16 also questions the legality of the petition. Neighborhood home owners are having problems selling their hones because of Mr. Ca�ack. Ms. Armstrong stated ehat District 16 is inviting neighbors to the April 14th meeting with Mr. Ca�ack and doubts that District 16 will change its position regarding the spproval of the permit. �r. Berdan asked if the property has been sold. Ms. Freese replied that Mr. Camoack purchased the property on contract for deed in 1984. Mr. Boutill, speaking for Lilian Marrinan of 975 Linwood Avenue, stated that she is concerned about parking problems in the area. Often lir. Cammack's guests �rar]c in her drive�ayd l�s. Ar�strong asked if the Zoning Co�ittee was going to hold District 16 to their April 14th aeeting. Ms. Zieasn ask:ed l�s. Arsstrong if the neighbors were aware of this issue before District 16's monthly aeeting.. Ms, Arastrong replied that they were and that t�ere rere no neighbors present at the meeting. Mr. Repke stated that because neighborhoods are not reacting to zoning co�ittee cases in a timely fashion, the Zoning Committee's agendas are backed logged. He said that District 16 has had ample time to discuss this issue. Mr. Levy stated that he is in favor of a layover to be sure that the applicant and District 16 have had time to discuss the issue. l�Ir. Levy aade a motion to recommend layover until the May 5 meeting to allow the applicant to meet with the Land Use Committee of the District 16 Council. Iir. Neid seconded the motion, which passed on voice vote of S to 1 (Repke) . � Submitted by: Approved by: _ . t �1 ' ' � f.'x-i �%�"� ��'e ��. y G ///i//L�. //)+-+� Lisa Freese Glad s Mo�Chairman y , � �_�,�.�� F A R 1 C Y A N D D U N N . . ATTORNEYS AT LAW � 401 MIOWEST FEDERAL BUILOING � 50 EAST FIFTM STREET . - . ST. PAUL, MINNESOTA�55701 � 7e�evHa+c 297-8n8a - RAVMOND W-FMKV.1R. � TMOTMY W.J.OUNN � June l , 1988 City of St. Paul Zoning Division 1100 City Hall Annea Building 25 W. Fourth Street St. Paul, !yN 55102 RE: File No. 10309 Appellant - Richard Cammack Dear Sir or Madam: Please be advised that the undersigned is representing Mr. Richard Cammack in his appeal to the City Counsel in this matter. I would appreciate being advised as to a hearing date once the same has been established. Please also indicate on the Appeal form that on an additional basis for the appeal is the hardship that is being experienced by Mr. Cammack by reason of the denial of his request for a legal non-conf orming status for his property. Very truly yours, � �� Raymond Faricy, Jr.� � Ri�TF/smp ,,. ._ - , _ _ . .t..:� , _ ..--- -_ ____ + M.. . . - w �� j� �`� ` � � r°� � _______. � , � !fs_ � . MINUTES OF THE ZONING COlQiITTEE CITY COUNCIL CHAMBERS� SAINT PAUL, IiINNESOTA ON IiAY S, 1988 �: Mmes. Hirte� Morton, Tracy and Zienan; liessrs. Christenson, I.evy, Neid and Repke of the Zoning Committee; Mr. Segal, Assistant City Attorney; Ms: Lane of the Building Inspection and Design Division; Ms. Freese and Ms. Iiurray of the Planning Division staff. ABSENT: None. The �eeting was chaired by Gladys Morton� Chairnan. �chard Ca�ack (#10260): A Nonconforning Use Permit for property at 203-205 South Chatsworth/989 Linwood to establish legal nonconforming use status for a triplex. The spplicant was present; there was opposition present at the hearing. Ms. Freese reviewed the staff report with a reco�endation for denial. Reith Hanzel, 814 Degree of Honor Building, representing the applicant� showed a video tape of the interior and exterior of the site. He distributed and explained a map showing where neighbors favoring the nonconforming use triplex reside. Mr. Gregg Fleischhacker, 222 South Snelling, was introduced and said that of the hundreds of homes surveyed, only six or eight residents opposed the pe�:ait. , Kathleen Werthmann, 1593 Hillcrest, stated that she has managed the property since 1981, described the indoor and outdoor iaprovements and the quality upkeep of the property, and the lack of neighbors' complaints about the trip2eg and its tenants. Mr. Neid asked Ms. Lane if building permits were requested for the i�provements. Hs. Lane stated that she would check the files in her office regarding permits for the improvements; however, a permit for construction of the third unit, in the basement� was never requested. Mr. Hanzel referred to the staff report findings and questioned number five (d) regarding the number of years the third unit has been in existence. A�s. Freese responded that the first documentation found for that unit was 2977. Mr. Hanzel said that work on the basement was started in 1971 and that a separate address was added in 1975. He went over items (b, c, e, f) and submitted the applicant's disagreement with the findings. Ruth Armstrong, 745 Grand Avenue, District 16 community orgenizer, stated that ZSr. li+cGrath met with the Summit Hill Association, that the committee vote was 5-0 in opposition to the nonconforming use and that the Board unanimously supported the committee's decision. She questioned the support of some of the petition signers. Mr. Christenson asked if reasons were lrnown for the com�ittee's vote in opposition. l�is. Armstrong responded that the board may have been influenced by problens with t2ie use of the triplex located directly north of the applicant's property. � �'/�� . File �t10260 May 5. 1988 Page 1'Wo Mr. Christenson asked if the Summit Hill Association is avare of Mr. 1ricGrath's comrersion of other neighborhood hones. Ms. Arsstrong said that there are others, but that she is reluctant to tastify on this point. l�ir. Levy asked for the clarification of District 16's concerns. Ms. Armstrong stated that District 16 is concerned with the cosmunity's direction and that there have been problens vith other properties. She said that Mr. Ca�ack or his attorney have not comaunicated vith the district council; that Mr. IrlcGrath has always represented the issue on this particular property. Mr. Christenson asked if the date of triplex com�ersion vas known. Ms. Arastzong stated that she was not sure of the date. I+ir. Repke stated that his understanding is that lir. IScGrath is the person who comrerted the unit illegally in 1973 to an electrical shop, who moved out in 1977, and who is the fee owner of the property. Ruth Bouttell� 1003 Limaood, stated that she has resided for 46 years at that address, stated that the property in question was a duplex until recently, and also stated her opposition because of the lack of appropriate tenant parking. Iir. Christenson questioned the date of com�ersion to a triplex. Iis. Bouttell said that it was r�odeled to a triplex, probably in 1981-82� after l�Ir. licGrath closed his electrical coapany which was iocated in the basement. Iir. Hanzel stated that his client, Mr. Cammack, owns four or five other pieces of property and asked the connittee to differentiate between Mr. 1�cGrath and l+ir. Ca�ack. Iir. Christenson asked vhy Terry McGrath is presently imiolved. Mr. Hanzel stated that Roger Ca�ack purchased the property from Terry McGrath as a triplex, and although there is no written statement to the existence of the property as a triplex, it is his understanding that the property eaisted in that configuration since the middle 70's. Mr. Neid aslced vho eaploys the property manager, Kathleen Werthmann. t�Ir. Hanzel replied that i+Ls. �Terthmann is eaployed by McGrath Properties to manage both Mr. Ca�ack's and Iir. McGrath's rental properties. Hearing no further testimony, Ns. Morton closed the public portion of the hearing. Iir. 8epke nade a aotion to recommend denial of the Nonconforaing Use Permit based on staff findings Sb, c� e and f, and the staff analysis. lis. Zieman seconded the motion which passed on a roll call vote of 7-1 (Levy). Sub�itted by: Appro d by: � � �•t.2P.ctQ., Lisa Freese Gladys Morto siraan �� _j,��C� ` IiINUTES OF THE ZONING COI4iITTEE CiTY COUNCIL CHA�IBERS. SAINT PAUL, MINNESOTA ON MARCH 17, 1988 gEC1T: Maes. Morton and Zienan; Messrs. Levy, Neid and Repke of the Zoning Committee; Mr. Segal, Assistant City Attorney; Ms. Lane of the Building Inspection and Design Division; Ms. Freese and Ms. Synstegaard of the Planning Division staff. �: !lnes. Hirte and Tracy; Messr. Christenson. The aeeting was chaired by Gladys Morton, Chairman. RICHARD CAlIl�ACK (#10260): A Nonconfoneing Use permit for property located at 203-205 S. Chatsworth, 989 Linwood to establish legal nonconforming use status for a tripleu. The applicant was present; there was opposition present at the hearing. ZLs_ Freese showed slides of the site and s�arized Lhe staff report with a reco�endation for denial. Pat licGrath, 2233 IIniversity, representing the applicant, stated that the applicant is requesting a layover to after April 14th.at which time Mr. Ca�ack vill be �eeting �ith the Land Use Conmittee of the District 16 Co�uncil. Hr. 1rlcGrath requested that neighbors present today be allowed to testify. . � �r_ Levy asked Ruth Arnstrong, Community Organizer for District 16, if she agreed to layover the �atter. Ms. Arastrong stated that she has spoken to_ 2ir. Ca�ack. She stated that District 16 sent a letter to the Zoning Committee_ in opposition and a copy was seat to i�ir. Cammack. Isr. Neid asked Mr. McGrath if the applicant is requesting the layover until after his April 14th meeting with District 16. Ms. Armstrong stated that the Land Use Co�ittee normally does not meet this early in the month and has cal2ed a special meeting to meet with Mr. Cammack. �r_ Levy stated that he prefers that District 16 meet with Mr. Cammack before April 14th as that is the next Zoning Co�ittee meeting. Hopefully the case could be heard by the Zoning Committee on April 14. Ms. Armstrong stated that District 16 wanted to meet with Mr. Cammack on March 24th but Mr. Cammack is going to be out of town then. 2ir. Neid asked what Mr. Ca�ack's profession was; Mr. McGrath replied an insurance salesman. Mr. Neid asked if Mr. Cammack has a realty license; Mr. IicGrath replied no. Mr. Neid asked if Mr. Cammack owns other investment property; �Sr. McGrath replied not at this time. Frank Berdan, lOQ6 Linwood Aveuue, stated that he and his wife have resided in the area for mairy years. They chose to live in the neighborhood because it vas quiet. The reason for his opposition is that the triplex would deteriorate the character af the neighborhood. He questioned the signatures , on the petition. In the past similar requests on properties belonging to Mr. Caasack have been denied. �ie �io26o �_ //s�► . rag� � Iir. Berdan stated his concerns regarding the precedent which would be set if this com�ersion is approved_ He asked that the Zoning Committee be sensitive to the resale value of their hone and that the current Zoning Code regulations be observed. 8uth Boutill, 1003 Linwood Avenue, read her letter in opposition that she sent to the Zaning Co�ittee. 1ls. Armstrong stated that since District I6 sent their letter to the Zoning Comittee they have received aany phone calls in opposition. District 16 also questions the legality of the petition. Neighborhood home owiters are having problems selling their hoaes because of l�ir. Ca�ack. Ms. Armstrong stated that District 16 is inviting neighbors to the April 14th meeting with Mr. Ca�ack a�d doubts that District 16 will change its position regarding the approval of the per�it. Mr. Berdan asked if the propertq has been sold. Ms. Freese replied that lir. Ca�ack purchased the property on contract for deed in 1984, tir. Boutill, speaking for Lilian Marrinan of 975 Linwood Avernie, stated that she is concerned about parking problems in the area. Often Mr. Cs�ack's guests park in her driveway! !!s. Arastrong asked if the Zoning Co�ittee was going to hold District 16 to their April 14th �eeting. l�s. Zie�aan asked Ms. Arsstrong if the aeiahbors Mere aware of this issue before District 16's monthly aeeting. Ms. Arastrong replied that they vere and that there were no neighbors present at the aeeting. lir. Repke stated that because neighborhoods are not reacting to zoning co�ittee cases in a timely fashion, the Zoning Co�ittee's agendas are backed logged. He said that District 15 has had ample time to discuss this issue. Mr. Levy stated that he is in favor of a Zayover to be sure that the applicant and District 26 hane had time to discuss the issue. lSr, Levy �ade a motion to recommend layover until the May 5 meeting to allow the applicant to meet with the Iand Use Committee of the District 16 Council. lir. Neid seconded the motion, which passed on voice vote of 5 to 1 (Repke) . Submitted by: Approved by: G�� itP�es.� y-�� G� //;�i� �-� i��-~L� Lisa Freese Giad s Ho on, Chairnan y �,� �,L.�G' U L' ZONING COMMITTEE STAFF REPORT FILE #10260 1. APPLICANT: Richard Cammack/Terrance McGrath DATE OF HEARING: 3/17/88 2. CLASSIFICATION: Nonconforming Use Permit 3. LOCATION: 203-205 S. Chatsworth, 989 Linwood 4. PLANNING DISTRICT: 16 5. LEGAL DESCRIPTION: South 1/2 of Lots 1, 2 & 3, Block l, Bryant's Park Addition 6. PRESENT ZONING: R-4 ZONING CODE REFERENCE: 62.102 Subd. 5(11) 7. STAFF INVESTIGATION AND REPORT: DATE: 3/9/88 BY: Lisa J. Freese A. PURPOSE: To establish legal nonconforming status for a triplex. B. SUFFICIENCY: The petition was declared sufficient by the Planning Division on February 17, 1988; 15 parcels eligible, 10 parcels required, 11 parcels signed. C. PARCEL SIZE: The parcel has 74' of frontage on Chatsworth and 120' of frontage on Linwood for a total area of 8,670 square feet. D. EXISTING LAND USE: There is a two-story residential structure with three apartment units and a detached two-car garage located on this parcel. E. SURROUNDING LAND USE: North: Two family residential East: One family residential South: 7 unit condo, one family residential West: One family residential F. ZONING HISTORY: Prior to 1975, this property was zoned "A" residential. G. FINDINGS: 1. In January, 1983 Mr. Cammack purchased this property on contract for deed from Mr. Terrance McGrath as a triplex. There are two, 2-bedroom apartment units, one each on the first and second floors of the building and a 1-bedroom unit in the basement. A detached two-car garage is located to the west of the house and is accessed from Linwood Street. 2. The structure was originally constructed as a duplex in 1885. Mr. McGrath states that in 1975 he added the third dwelling unit in the basement. The unit was constructed without a permit and he was unaware that it violated the zoning code. The third unit was first listed in Polk's Directory in 1977. 3. Prior to 1984, the property was cited for several fire code violations and the zoning violation. Mr. McGrath states that all fire code deficiencies have been corrected, but the Division of Fire and Safety Services has not been able to gain access to the unit in order to confirm it. 4. In 1982, Mr. McGrath lost an appeal to the Board of Zoning Appeals after he was denied nonconforming status by the Zoning Administrator for another triplex that he owns at 195 Chatsworth, just north of the subject property. 5. To grant legal nonconforming status to uses that fail to meet Section 62.102, the Planning Commission must make nine findings; these requirements and the applicant's ability to meet them are as follows: (a) The use occurs entirely within the existing structure. The unit in question has over 1100 square feet and is located in the basement of the structure. City inspectors report that it is a nice unit. ��rs-� File #10260 , Page 1�ao (b) The use is similar to other uses permitted within the district. The property is zoned R-4, a single family residential district; a triplex is inconsistent with the single family zoning status. (c) The use is appropriate and is consistent with the general welfare of the community and the en�oyment of the ad�acent property. Permitting a higher density residential that was illegally established may encourage the conversion of other large single family homes in the neighborhood. Therefore, the conversion is both inappropriate and inconsistent with the general welfare of the community. (d) The use has been in existence for a period of at least ten years prior to the application to the planning commission. The third unit has apparently been in existence since 1975, but staff was unable to verify that through any official records. The construction was done without a building permit. (e) The off-street parking is adequate to serve the use. A new three unit building would require four parking spaces. There are two spaces in the garage and one space west of the garage for a total of three parking spaces. (f) The use is in substantial agreement with the comprehensive plan. The housing element of the Comprehensive Plan states that "conversion of existing housing should occur on a limited basis in most neighborhoods to avoid . . . disruption of neighborhood character." The St. Paul Tomorrow report findings reaffirm the need to preserve the character of single family neighborhoods. Allowing a nonconforming use which has illegally expanded may encourage other property owners to pursue similar conversions. In addition, the District 16 Plan advocates preserving the character of neighborhoods; the recent plan update urges city enforcement action to uphold zoning ordinances and to maintain population density. (g) Hardship would result if the use were discontinued. Mr. Cammack has provided a statement that if he were unable to rent this basement unit, the payment on the property would be $590 per month greater than the rental income. Currently, rent is $495 per month for the basement unit and approximately $625 per month for the two upstairs units. There are tenants living in all three units. (h) Rezoning the property would result in a "spot zoning" or zoning inappropriate to the surrounding land use. To built a new triplex requires RT-2 zoning and a lot area of 10,000 square feet. Since the neighborhood is primarily single family, rezoning this parcel is inappropriate. (i) That a notarized petition of two-thirds of the property owners within 100 feet of the property has been obtained stating support of the use. A sufficient petition was submitted with the application. H. STAFF ANALYSIS: The intent of nonconforming use provisions in the zoning code is to avoid hardship by allowing the continuance of uses made nonconforming as a result of changes in the zoning regulations. The zoning code empowers the Planning Commission to grant legal nonconforming status to uses established illegally onlv if all the required findings of Section 60.102 Subd. 5(11) are met by the applicant. In this case, the applicant has not met these requirements. I. STAFF RECOMMENDATION: Based on the staff findings Sb, c, d, e and f, and the staff analysis, staff recommends denial of the nonconforming use permit. . • � �k-�,� � > MPl.ICATIOM FOR NONt�1�t�ItMI1k � USE PEt�1IT � ' CITY OF SAINT PAtll ZONIN6 OFFICE USE �Y Za�ing file � l��b G ' R�CEtVED q lication Fee S � �— � FEB 12 j�8 Tentative Neari�g Date ��?—� ZONING Nunber of Lots or Size of Parcel: ssssaassssssssssszssssssssssssssssssss A legal nonconformi�g use of structure/land is o�e Nhich lawfully existed on October 25, 1975, the effective date of the adoptio� of the Saint Pau1 Zoning Code. Application is hereby made for a Nonconforming Use Permit under provisions of Chapter 62. Section 102, Subdivision 5, Paragraph IZ of the Zoning Code. ss:�sssssssxsaeaaaessssassassaszssssssasaasasssss:ssssssssssssssssssssasssss:ssssssaszzaas A. APPLICANT N� Richard B. Cammack Phone (Daytime) 2�'1240 AddrESS 7I5 Lin�od Ave. S't.PauZ,Mn. Zip 55105 Property interest of Applicant (Owner, contract purchaser, ett.) contract purchaser Name of owner (if different) T.P. McGFath s:sza�asxsa�x�a=a:s=sas�a=snssassazasao=ma=�-aa=oacaaasssaassass=a:sssass�::axsasasaxss=as B. PROP.ERTY DESCRIPTION Address/Location 203-205 so. cFiatsworth & 98�- Linwood Legal Description: lot 1.2.&3 Block 1 add� Bryant Park Addition Present Zoning R4 Lot Size I20' X 74'' sssassassasss=sas=�saassaazsss�zs:zas�ss:asssaaasssassaassasassxassaaasasssssasasssms;ssss C. USE INFtMMATI�I Previous Use (AttaCh supporting documentation) use as 3 uni't residential occunancy since 1975. 3rd address� (9'84 Linwood�. given by Public works in 1g75. A11 code violati'ons i7i buiZding co�rected i7i :Zg85. � Proposed Use or Change (Attach Sfte Plan) S� If you have any Questfons, please ca�#�t: * � r�� #�� Saint Paul ton1�g 0ffict, �1:fl0 Cst,� � � ` 4i4Z 25 West Fourth Strea�. ;S�tlat �au�,�# . :_, t 55t� ��►415+t) �2/85 .� ry ��r /��. � . . � ' � CONSENT OF ADJOININ6 PROPERTY 04MIERS Me, the undersigned, owners of property within lOQ feet of ��1_Li�o�ooa�_ , a n ledge th t we have been furnished with a copy of the applicati� �a+� u for a special condition use permit nonconforming use perm circ e one a ong with any relevant site plans, diagrams, or on; at we consent to the approval of this application as it was explained to us by the applicant or his/her representative. LOT BLOCK ADDITION RECORD OWNER SIGNAT D �R �� A,��v�s c t - z �iNd�'t'� 4 ��.�f�c�.S � 3 � �3�- ,,.,+ �� o +♦2 � a� ,w� t'.�c ° � !�.- co-� , i��. z a ,��►k � �f �� !��8' �1p�u d I.t z 2 bn,�w+ �n�.�c �'I c«.�.�.�,. � � -� - c}��u o ��Z eZ � PAritL ,S/aRQA • �•(1iII 1AmS G � • ��.6�� t o �l� 2 �. P.,�► . 1'Q�s � �� o �i2 2 a�.� ?,�,�� f?ec�y Lr�do �'�o ,��, 3 atit.�-�� 't, � 1� �f �'raa h ' +;z�� a�. �I f�►, T�.�., m��-�- � /h� 6 zy P6 a "�` � F��yP►�s� QA�.1� J D lr� � �iabu} �+,.b�-{r � •� � �� S' 2. A�.� �� M A rt �IJ�1'lQ 4 � _ _ ce . 3 � �/�-S G��S 1�1/1$ A1 A�RR t�ct,� t`l l En,c�o"��s ��#n.•�.c� s. T� (�s 2 � , � � � �C�NtIV / Q�- 3 �--: � �i�� 2185 ,� --___ __^_--__.. _..._ - , _ __�. , __. __ _ .. _ , _ . _ ..�...__,....,..._..... _ � . . _ � . . . . . . .. . ., p �.�._ � � . . _�. . � ��'I/� � . � . CONSENT OF ADJOININ6 PROPERTY OWNERS We, the undersigned, owners of property within 100 feet of �l g�/ L i�u�oo� , a n wledge th t we have been furnished Nith a copy of the appiicati" �� GL for a spec9al condition use p�rmit nonconfonaing use permi circ e one along with any reievant site plans, diagrams, or ion; at we consent to the approval of this application as it was explained to us by the applicant or his/her representative. � LOT BLOCK ADDI?ION RECORD OWNER SIGNATUftfi� • DkTE, P p�,,r.s c � .�V�.,C � `f(Z( �� 4 �-� '�S vwd�'I�. 4 ��E�iC�.s �i : s-c., . � '_� �c.... � /.f,. �/ 3 � �3 ti A.,t �at4� , � �ad �� c� - o � �♦2 � a�� t�a.+c G' !:�-tzc. do-�- rw�. � a � ,��k �f �� e� �� c�. l��-�' oo., o . 11 � Z 3M�� a�tc J�`1( a�.,�... �n -� - ? I�� 4 �,J�- Pan.� �u`s-R R��► . �.lJ�ll ��i,h s G ? ' �.6�7 e o �l� 2 �. � P•�.,.�. . 1'Q�s .� �o ��: o • � �. � � ��2 2 3�, �.,3 ?�,�r_ t',��y LrN�o P � �.ao (� 3o�-t.�/ �� ► 3� �+ t�t. �o.�-Y �' 6 2y P6 {p'wS � .• a n r3w"� ��V� �+�a.,�-� 1r1 c�'R�-'C�- • �i a �. '�"- ��t` 1 ��y�- ��.1� J o l� � ��b�► ��ir � � ' �7 s' � � a�.f �� nn,�� tU a�a i. `�11.. -� %' -. - lo c.� . � � 3 ! � �.�zs�.•�'s h�s �►�► a�Q►,ra� l�l 1 Em�.�sr..t�s ��#n�.ce.e S.%t ��s . , . �`"�`'a �o�c� � �Z � � , � T � � Z�►NlNG ILE . � ► , ,__ . . _ . _ __ _ _ _ ._ _ .__., _- -.-� __.�...� ._ .__ _. d� "��'� ` , ' . � _ '� . � � STATE OF MIlIMESOTA) : SS C011NTY�Of RAMSEY ) Ric�� C'� �''�� k , being first duly sworn, deposes and states that he is the person who circulated the within petition and consent, consisting of pages; .that affiant is informed and believes that the parties described are the ers respectively of the lots placed immediately before each name, that affiant is informed and believes that each of the parties described above is the owner of property which is within 100 feet fran any property owned or purchased by petitianer or sold by petitioner within one (1) year preceding the date of this petition which is contiguous to the property described in the petition; that except for none of the parties described above has purchased or is purchasin property from petitioner contiguous to the above described property within one �1) year of the date of the petition; that this consent was signed by each of said owners in the presence of this affiant, and that the signatures are the true and correct signatures of each and all of the parties so described. � � ito �'�.�x. �r� . Address z�y-6 y90 -� 29/-/�t y o — � Telephone Number Subscribed and sworn to before -- me this � day of , 19� --c�/�-' ��'.�� ti=�-�� Notary Public '� PATRICIA C. CARON � RAA M18EY�COtl�A � ''�'` �b►n�w+oa.�r..�1Mo � � Approved as to form - Feb. Page 2-- of � � � Planning Departnrent �0�� ,D�� . � � - � :.;,..�.a�w:.i°e.� r.r.+.. Farm NO. 55•M. �u.,�.�. u.u«�..�ce:.q.K;:.�`'8�,:',lirilY: ` , •, � //�� , + � ��$ �L��s.�[ade aad qatered iato tltis 3rd � � � _ Janug�v: ,Ig 83� bj �d �ti,� Terrance �dcGrat ane . cGrat 1 parti�f ih�frst ps�t, �ad. Richard Cammack � ,Pu�es of tlte aeoond part,. � �d[t�lfN�. Tbat the aeid � eSOt the 5rst part, in ocnsideration o! t6e oo�eaaata aad f a�reementa of asid parties o! the aeooad part. herein�efter cor�taiaed, herebJ sell� '*�d agree._._to � coarey uato aaid partiea of the se�ond part,ss joiat teaaa t�and aot us teaaata ia ovmmoa,tLeir aaaigaa, Warrant the survivor of ssid perties,snd the beirs and assigns of the survivor,by s � _..Decd, ; accompsaied by aa abatrsct rvideacing good trtle ia partiesof tLe firat pert at the date bereof,or b� ` � an owner'a duplicate oertificate of title, upoa the prompt aad full performaace �bp aaid perties of the 1 ' second p�att, of tbeir part of this agreemeat, tbe tract of lead, lying aad being ia the Coanty o! !I RRtnsev Dnd Stste olMinne9ota,deacn'bed as follows,to-wit: . i . i Hryants Park Addition, South � of Lots 1, 2 & � 3, Block 1 � , � + And said parties of tbe second part, in coasideratioa of tLe premises, bereby a,gree to pey aaid pen.�g,f the 8rst p$rt, at.._,�.t • Paul Minnesota nd for r of said premises, tbe sum ofTwo un re an en y ousa d ' Do'��ars ��1��,��, $20,000. for Property ; , . or ruc�,-,� � ' . .._.. .r DtfII�rs, I in msaner and at times following, to-wit: $40,000.00 To be paid at the time of closing, either in cash � . or by a note payable in less than 1 year. � j � $180,000.00 By assuming a mortgage in the amount of $??,555.00 in favor of C�mmercial State Bank payable at the � rate of $806.25 per month (PI ).. 3102,445.00 payable � ' interest only at the rate of 9z per annum to be paid on or before the 3rd day of January of each year l commencing in 1984 and continuing each January until � 1988 at which time the entire principal amount becomes� � due and payable. � � Party of the second part are aware that there is a � � mortgage with the Commercial State Bank which may I or may not be assumable on this property. i , , Baid parttes oi the�eoond part further ao�ensnt a�agcee a�tollows:w Pa7.be[ore peaalt�sttaehd thacefo�a0 tam dne and pa�able tn the�d�r 19:.$.�.and in wbseqnent tee�s,and aII�ps�ial arseeemmts�eretofore oe henaftat le�ied, ., ' � � -_.' � --._--_--; �Iw th�t any butlding�and jmpro�emeata now on said land,or wl�ich aLall heresftes be a�eeted.pLced.o:m�d�t6enoa.a�ali not De cemo�ed th�rom�bu0 sLaII be and eemaia the propest�o(tLe�,.► i e�r!he SnC part until Wi�e�tr�ei�ha8 be tntl7 Pestormed � , b�t�e p�rtias of the�eooad paet;aad st thea own�pen�e,to Irosp tta b�di�p on�aid prm�ea si all t�mwt ieil�[�d ia�oms r�bls � in.�naoe oomp.n�or oompanies�to be.ppro.ea b�tDe pat�:S_o[t2u�ese part.�ti�t lo.b��t+e tor at tr.1 tb.,atm ec n o�s ! ' -- ��&� iLi�lAiBi'� dli@ GlTI t h i�c t±nn t r e[�f. n„�... i � �d a�t,jpe b�w3IId�toem(o��L jaYt i��m et_ n nt 7 Pcc than a`mount due on this eontract ! � 11nll�w� I � � pa�able eo�aid part..'�.ol t6e 5nt past, t h Q i r �a�s ot�aos�and,ln ers ot iory a6odd fiw�e b�4 wnpins ores � Iaod�boN t�am000t th�n owjo`�aid part.�,QS�oE t�e Snt past, t h s+i r .�••_ae a■�r.�sl�we�tL�b�pa;d-o�r � � �o t�s w3a p�ta at t6�Meaad part as t6rir��haD�ppear.aod tu d�po�E�wit��TM-:.:�� "��6s,8st pas�poHoier ot�id 1uw�ao�s.8�ahoald t6�Meoad psrt ie�tait to py ae�ke�t�be paid b��sid p�tfi�s a�Lt�I11�oos�M�e1,�oe mqr bs Pdd b� Mt+�z-�,- _��ball b faethw�h ps�abM,wlth i�t�aeeon,a�an ad�a�rouirr dwiat p��oda f�it eoateaeR. Bat dwald�1ii m�d�Ie t6�pqmaat ot pefoei�J ae iat�e+e�t dw deraod�r.or ot�uq p��eo�1�be b�weoad p�rW� paid.oe a6o�tld t�t�b pyr�ta�es ar�so�aPm�aid hnd.Permbom�spom a�id iw�ase�y at to p�e(aem�q or attber ot �e�e�.�em��ri-Zer�oe�ondi�ioe�L�nis��a�Yiwd.lo be b�itld a�oa�i pi�fMs�ar�tM i�d� e s � el tie�Pn't maT�--�-v��#i�------Ai��.�sotM�d�etnr�aosi�E lili�ll�d�ri`��IiiriNd.a�d a��. - : .. , tltl�a�!iiN�wt aeq+ui��d�e�a�id�eeoad.�f�ra��wr�aad i��i��Y awb�paa Yw p��d;�q�s�d�Lnaa�r aL�9 b��o rid p�et.�,p�,�i tl�e iiME':�rii, '` ' �,s i�at Wr wotnd b7►Mid weoad Pa�f�.wfd aotia 1n b is�wh6��YiW!�wi iiiir � ��mWe� of tM�M ot �m a� 01 to!� Lt�andrr _>� �� - — - - �� =�:� �� .. . � �J�� ' ' Z`eei�ta..N d�is Mi�N■lert to�HIA�;�e��o�11�Mf b�'�'Y f1s''°f,,W i�a4��r+��t+�i/ ' r.��i�...r�r.o.a.►�.....:�re�.�.,.�.w..�:s•a�t•�.a�..�..s�.�r a.."�at� , ... � ''�� b,+�IY•�P.�1:�+....�.�1�..A�S.�.k..c a�i��1�.w��ra..�,.�f�b�.p�cioi.�o�ri if�i��+��11_ �p�iW,ridp��t t�weetl 0��►'J�-MM��d��rii p�et�.rol t�1M di Pi�`�I��4 . Is�s�■ds r- t he 3r poir�ioo e��aW/�!�wi��d�r�a7 P�t�e'�o4 it b�ia�u�iwleed�a�'�ui�� aid pelir e�tv weoad p�et ar�t��ss�po..nrie�ot wM pe�ai�a. . � � J� � � � . _. . .. . � . . . ;,� ,. r, _ ,� . t �:,. " - . . ..�ti . , . . �t i�c �ataaIlp l�QeeeD. By snd bet�reea the partie�beret�, tliat the�rae�of pa}��at aball be � an esseatial pari of tLis cbntract; sad that ell tbe coTeaanb aad agreement�herdt��n'laiaed�sb�t11 � estead, rua Rith tbe tand, and bind tbe heirs, e:ecutors, ada:iaistrators sad assigns of the reapectire p�rties bereto. �ti $tgtitftpltp �IjtttOf. The parties hereto have hereunto set tbeir baad Lhe da,�and�eu 6rst above written. . t / � � ,/ " ! 1�------------------- ----------------------- ----------------�l,c----- -------T---------- i � -- - -�------------ - ----- _ -----•---- . -- --�'� �� -- � - -- -------- : , � �tate o� f�iniu�acota, �. � ' , c�,af.R�►��..._..._..........._......_..........w......r.._ . � The�ora�oing ��wrtrum�rnt waa acknowltdged before m� . ' this_..�3........day of......�.....�......"................... .... ..........,19 .�..�,?�....� _ �,l�f�.a�-� l� !1�''.�-. / k�� ,.�`"� � �� . - . ,.,R,� � rv� ��--- .:nn,w� by........�.......................:...... .....................................'............................_ � A BtSON NOWLDDGlD ;;��. f.�aTRicK�c��TH � ,��.. ; ri�:.,�rr07nRY Ruou�-r,��:aesOTA .... . ................................. .... ..................�................._ ........_ ,.� , .......... ... .. .... � � ��,.- RAAA�Y L'(:UPITY stc rue�ar rusoN � wcfct�owttncx�trrf � �1)Comu�issroa F,�ares feb.I,i99K . � i ................................................ .. ...................................................................... THIS INSTRUMENT WAS DRAFTED BY tTLB Ot lANln , F. Patrick McGrath � ................................................................................................ ........... 2233 University Av�� i St . Paul , Minnesot��114 ' . - , .—�--.v �, .� • a a � � n � �► .� � v w ti .wi � � ` � A A O •' A V � � 'n i'� x �^ � fZ �,�i O "� P�`�� ' w A {�. b � L � .�' 4 .�w 6 :w {, � "r' :a� Ai W � " ° "' ` €� q ` � p �� A °� �� a.g `"= ��i 11� % ' �► �i : ; � v ; � � ��1: A '°�! � � � o : �. � :�. c � � � � : :�t ;t •� ir � � $ a o ~ � � � ° A h +' ° � � � ��E" '� � .� p o d � n ;� o = � ; � � � _ �' � � ~ �+ v v � �� va � i :'��.' � � � :v ? „ ' � � � o '� :� � .� : ti . . .;� � � �—! S y � s � 'V ( � ~ � � V 'g � � ' $ " � _ � � ;, "` . � `� � �� o � ' 'b ~ + i ' ='ts � :� i � ; Qo ��p . � � � � '� wi � � � � ~}� � w� � '� ; Q C � O A.� = db r� � •3 � • � v `� t � t► t �„� � s b . � ,Z v Q f� A C � � � � � v ❑ " q � .'� i� x �s ! Q o � � Q � .o � aO � ai � � � V , . G � . °� o o n �S . � . , . Q4 C.r . ai �, a4 'tt • . • , �/�� , , McGRATH PROPERTIES a77 JEFFHRSON AVE. ST. PAUL, MINN. 55102 221-0354 March 10, 1988 Lisa Freese Department of Planning and Economic Development City of St. Paul St. Paul, MN. RE: 203-205 South Chatsworth Application for ldonconforming Use Dear Lisa, I am hopeful that the staff will recommend this application for the following reasons: 1 . The use does occur entirely within the existing structure. 2 . The use is similar to other use permitted in the district. 3_ The use is appropriate and consistent with the general welfare of the community and enjoyment of the adjacent property owners as demonstrated by their signatures on our petition. 4 . The structure has been used as a 3 unit building dwelling continuously since 1974, and was given a separate address of 989 Linwood Avenue by the City of St . Paul in 1975 , for the third unit. 5 . Off street parking of 3 stalls has been adjacent to the property for the past 14 years . If another stall should be required to meet new development standards, it can be done. 6 . The use is in substantial agreement with the the comprehensive plan, thereby giving quality living space to medium income residents. The need for quality apartment rental space has been a high priority of the Mayor for the past 12 years . The conversion of under used large buildings has been encouraged. The building here in question has 1200 square feet of storage space even after the creation of the third unit, which has 1150 square feet of living space. 7 . My payment on the property would be $590 greater per month than the rents I would receive, .. This would make me unable to maintain the property in good condition. .�., :�, � , w �'�'��°t�� `�� —. 2— �_ �'/,f.� � , Paqe 2 , � 8. Rezoning the property would result in "spot zoning", not in the best interest of the neighborhood. 9, I have submitted the signed petition with the required signatures. In closing, the building is in very good condition and serves as a good example of viable inter-city housing. There is a waiting list of people who--would like to be able to move into this building. I think that speaks well of my property and my neighbors . Sincerely, � l�c•�� ichard B. Cammack ��= ,��-v . � _ �1C��l�� summit hili summit hill . . assoc�at�on 4 March 1988 Gladys Marton, Chair Zoning Committee af the Planning Commission 25 W. 4th St. Saint Paul, MN 55102 Re: Zoning File #10260 Dear Commissianer, Members of the Summit Hill Association/District 16 Planning Council have reviewed the copy of the application for a nonconforming use permit for 203-205 S. Chatsworth & 989 Linwood. � We do not support this application for the following reasons : 1 - We challenge the owner' s assertion that this building was in lawful use as a tri-plex on October 25, 1975. Our recollection is that this building was tagged more than once even after this time because the third unit was not deemed habitable by city inspectors and was, therefare, not in lawful use as a tri-plex. 2 - We do not aee any evidence of hardsriip necessitating a NCUP. 3 - There is insufficient aff-street parking. This is a densely pr�pulated area with serious parkin� problems; we must insist that the city' s parking requiremer�ts be strictly adhered to. 4 - About 6 or 7 years a�o, our organization was asked to respond to Mr. McGrath's application for tax-exempt financing for this site. At that time we stated that we had no abjection� ta this kind of financin�, but that we had concerns about the cade violations, its unlawful use as a tri-plex and that we wanted thase violations to be addressed. 5 - If he finaliy met all code requiremsnts in 1985, as the application sug�ests, that would appear to negate his claim that it summit avenue ramsey � dis#rict 16 ,� d�� . zaN��r� F�� ,o� � �� Q � � retum address: 928 lincoln avenue, saint paul, minnesota 55/05 � � . . ��s� . . _2_ was a legal tri-plex prior to that time. For these reasons we ask that this application for a Noncanforming Use Permit be denied. Sincerely yours, ack Sjoh m, Jr. resident Summit ' 1 Association/District 16 Cauncil , � � e I�lo. /v.Z 6 O � � � ��1/s�' . , 1003 Linwood Avenue St. Paul MN 55105 March 16, 1988 Zoning Committee St. Paul Planning Commission 25 West Fourth Street St. Paul MN 55105 In Re: 203-205 S. Chatsworth and 989 LinXOOd Dear Sirs: My name is Ruth Bouttell. My husband and I have lived at 1003 Linwood Avenue since August of 1942. The large two-story house at 195 So. Chatsworth was owned by Mr. and Mrs. Jessie Larson, and they occupied the first floor and their son, his wife and small daughter lived on the second floor. My oldest daughter used to play in the attic in what is now known as the third floor apartment. The building at 205 Chatsworth was a duplex also, but I do not remember the name of the people who lived on the first floor or who owned it at that time. When Terry McGrath bought 205 Chatsworth, he obtained permission from Renneth Kyle who lived on the first floor to move some of his belongings into the living room area so he could establish residency for .Homestead purposes. Mr. Ryle did not consult with his wife about giving this permission to occupy the living room with his (McGrath's) property. Needless to say Mrs . Dorothy Ryle was very upset over having her home, which she was renting, taken over in this manner. So of course they found they would have to move and they did. As I recall, the lady who lived upstairs at 205 S. Chatsworth had to move also, so McGrath could remodel, and then this lady rented the upstairs duplex at 195 S. Chatsworth and lived there until Terry McGrath purchased that duplex also and started the process of making it into a triplex. After some remodeling work at 203-205 S. Chatsvorth (the first and second floor) , McGrath opened his electrical business as the Crocus Hill Electric Company in the basement after he had opened up the foundation and operated his business from there and it is now known as 989 Linwood. None of the neighbors liked it, �C�i��i r�� ' ��/J " . , but We tolerated it. Eventually he moved the office out, moved the business to Grand Avenue, and then lived in the basement apartment for a vhile. That's When it was first used as an (illegal) triplex. He then rented it out as living space. This was in the mid-1970's. When he bought 195 S. Chatsworth and started to remodel it and made it into another illegal triplex, the neighbors got up a petition and in 1982 there was a hearing on it . I hope the records of that hearing, on a very similar matter, are on file for reference today. He vas denied any permit for a triplex at that adjoining address. This resulted despite the fact that he had some of his relatives, whom he identified as tenants, testify what a Wonderful landlord he was. In total disregard of that finding, 195 S. Chatsworth is still being rented and occupied as an illegal tripiex. But of course the issue is this: our area is zoned one-family residential, that most of the homes are one-family, and the large brick apartment (and condominium) buildings were there before the zoning rules were made. We bought our home in this area almost 46 years ago because it was a very nice residential area. We hope the Zoning Committee will not grant this Nonconforming Use Permit on this triplex, and that it can remain for all the other people in Bryant Park Addition a residential R-4 status. There is a very limited parking area in this vicinity, and many, many times the people at 203-205 S. Chatsworth or 989 Linwood pull into the driveway and onto the sidewalk, blocking it so we must walk around the backs of the cars or into the street. When Terry McGrath testified at the hearing for 195 S. Chatsworth he made a statement that he did not know it was against the rules to make a triplex out of that house, but since he was denied the right to have a triplex there, he has consistently rented it as a triplex. So we ask again, "Is there a separate set of rules for Terry McGrath, while the rest of us law-abiding citizens follow the Zoning Code?" It seems to me that when McGrath obtained his electrical contractor ' s license, he must have learned about the rules for building codes and permits and should have had that knowledge before opening his business in the basement at 989 Linwood . I was surprised at some of the dates on Mr. McGrath' s petition, going back to mid-1986. It apparently took him a long time to get the minimum number of signatures required for this action. Also Peggy Lindoo's signature appears on page 4 but not on page 3, probably because she has moved to California. I Would like ciarification of the ownership of the north half of the lots ( 195 Chatsworth)--John Austin signed the petition, but McGrath himself is the fee owner. Most of the property owners within 100 feet who signed "McGrath's petition live in a single, large condominium building. Do people. living at 1117 St. Clair have a right to sign the petition? "7�h� /�+�m� �5 J4hN � �R . Ar�"��s f+�press� ✓o.f.i/C,Jr /�j �YPr Ye,P�J �-A�✓e-1 Joh�/ C , �38 � l�sGao9 J�� OAk. ��'k �{7'SI dTC_ (� C�AKS ) /.��iG�,T,S oR 1�hos� "'W i Fcs NR�i'1� �5 J �,�I C. L3�1 os�oa� N. o� �a�K . 13 A R/3 a R A , �CO ti L D /�lo� ReA o 7�i� M�v D.c� i N�-1/t C a.� Th e �T i�J'�/o�l �f�. . � ��- ,��v . � � After violating all the other rules and regulations, McGrath made drivevay cuts in the curbs, had them biacktopped xithout permits at 195 Chatsworth and 989 Linwood (eliminating that nuch more street parking) and nov uses tvo of those spots for dumpsters, not off-street parking. Again we sincerely request that the Nonconforming IIse Permft for the triplex be denied . Thank you, Zoning Committee, for your thoughtful consideration. S ncerel , - Ruth Bouttell Leo Bouttell _•.;�._ . _. , , �-e�� . �� MARINE•SPORTINO GO��LEASII�Ki 60p WEyT 7TH ST. (FOR'1'WOAD)•ST.PAUL. MN SS102•612 227-66�53 Y�r�ch 1�. 1988 Zc�nir,c Cvmr�iittee ;_5 W. F��_irti-� St. St. Pz�_�i. MN 551+Z'r.= �er�t i er+�er� ar Lad i e=: ReQardin❑ the r,e�c,r-ir�rt of �:��-'c:i.�5 �. �:-�at�w�_�r�th. �6� L..ir��w��,r�� : ke 1 i ve i r, � beaut i =�_{i �_ir�c�_�r��est ec� ��e i ph bt�r,hv�:�d ar,c I w��F_�s r� : i�-:� z�� see t;�at cont ir�°.�. I r,�+_i5t say I a�n r��t ir� fav��r �. - 'r. -,z crar,a; i.r�e ��f a z�!r�irr uariaoi� ir, fi�`i?_s c�.,se. �+;Y C�r�C i V. � ' �� 1 i �±`-:r; i-. ��_:i�.r� � _ _." �J::C�?C w c�. rtVt�-. �t 1� (l lA,+�v�.1?e.r' �0 Z!�C ' C G�,m�C!`� ��,�,,,...�.,.'y`. �� , ��L� j��-- za�r � F �., �4�f�� t ' �� Z, �9 ��' ��'7 C9 G� . S.�.�r � , `�Yr„t.� .�s�as' Z' . - • , 5�. i w.,�.�� w � � :i� ��-,�')'t�.j s.��a Z— Z � ` �� 22e_. ; z � � � �, i� z� o - C' _ �- � � . �� `�_- � � �-.-�-z.�.� � , . - � � . �_ zo3_ Z � � � �.. � 5 � F � �, , �---�-a-� ,�-- (/�-� ��-�-,-L-� u�� . ��. ` ./.�-d--�-� _ , � - m-�- --�.�� , ..�..�--c�.z. :�,t- -c� , ..-c.�` C-c� a� �S��.i' �z�.�_, � / —�v- �/ � -t�r.---��- G.�----0�j -- ��g/��. 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Chatsworth and 989 Linwood Dear Sirs: We firmly oppose issuance of a Nonconforming Use Permit which would establish legal status for triplex apartments� in the above- referenced building. We are professional people who are employed in other municipaiities but who were attracted to live in this neighborhood of St. Paul under the belief that single-family housing was the norm. Sincz I (Frank) walk past the property in question daily, I have been aware of the conversion to multiple units, and their use as such which persisted even after the last hearing on a closely related matter in 1982 ( 195 S. Chatsworth, also owned by Mr. McGrath) . That hearing found such continuing activity to be illegal . We believe that such loss of single-family dwellings will alter the character of the neighborhood for the worse, lessen our property values, and send a signal to other potential landlords that additional conversion, illegal or not, would be further tolerated. We resent someone who has continued to disregard zoning decisions against him, moving to legitimize his behavior and lower the net worth of the law-abiding residents of the neighborhood. Thaak you for your attention in this matter. Yo s ver truly, ; �;��, ��/�. Frank and Kathleen Berdan a : _ _ . .. , �. ,M� , . . -; �,_ �_ . ��., , ,,., .�� . � �, _. ..- . - _ �r � � . . : ,.._ �, . . .: �. , ., �� : .�. ,- 3�-.- ;� . . ,, � . .. . . _. . S"i 4� . . �.� . �� i . , � 5 �. y .a� . . . . i '4 {4� � a . . e'6 s4 ��` +� !�{� . . . . . � .Y' b 'xy�? ��-K- ��.`c. . �--�j , . ,c� . �/r� , @.�, �� - �� , �� , � � .._ r�. �� ,�, ��$ �.�.t a� ,�'7:�:.,..w "� ..� �-,� .. 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L-- /O 6 3 •C�j N'�lr0 O,D �'��i � ��r'A 71� � 7� L��c�,� � � � �� ; � ' 1 � , � � ;�c�o h�l � ,�r1 t�.f�%�ft- /9cJ.s7`>>✓�c�r/7' l�e�o,p�r po�e�.✓�t is►:� -� o?7 g, t� �� n � � t��°��R t t, � ' � � �� -� �� `� �11� _ ST ��-Af � ,� U' ►�o j�Y` � l y�°�J a"t" K ; ��j--�ti v.�' � � � * 1� ��.�1��IP(°j�°��4�� d �i�� , � , ��`��,�a��.' I `� , �-- t� 3� !_ �5_� �� •_ ��'�'S �� J ,� �' _1/1,' f�_� �� _ �'�._�� _ �__/!1�G�o o Jf ��1� � 0 1�R A � � � � 5��' �"I�Q S �/� �1 e � llJ� � �7S ,�1_.v�t�`a 6_.(� ps c�eo G �- ' G ��v o ,� T�� s ��5.,�,��_ _ �' � �7-7-� ��-7- .L.�� c l� _��✓a.�P�T.,�{��'7��'sr�° �„'��88� � . � � ��i�1� �� L L o _� __ ,1$� �.__�.�-�? rs.��a7�''�j � �� '7'�1,s 1JANe. l,s�►'e.� i N TI►�s /4!e!/� 1; : �_ _ _. __. ... � _ _ �` _ . �. Q �, . ,/ �"- � � � .`-?`-�t/ ,,Q'.-. _ . ._�.__..�Q--_ ' _.� ..,�z-�--�. i �2��J i _ _ __�:��. �.� ��:__.,_�... _ . ._ % �� ..--�� . ._t � � � _ _ _ _ _ . _ _� ._ _ ._ ____ � _. _ _ _ _ . ' � _ _ __�e �2 �f_....��' ��__._��.._�nn�.�-�._.�..,-�,,�---t-1_?�,� � / __. 3_,�'�_p..._. __ . _ ___. ___ .. ._-,,�'�,,��._��_._.�-.��:,r. .�:. .. _.. I� . � d '`� . _._ ___ _ -,�._ __ _ _ ._ __�,_�_ _ ��_-�.-- , c - y-� , _� _ ..3.s�v. _._.. __..�.._.� �� m .. �.. ., �-� , , c�w ��t�.° c�r- r�'� � _ . _,f?c i�.� r�.,�e.N �� , J ,' � � 9L _. � ��-�/ t � �� _ 2��, -�7 • _ - ._ . .�__.__ _ �1 .__. _ _ !�'�-� __ __ _� ._. . . , _ _,_. __ ._ _ __ �.. _ _ ___....... __ _. . ...__.. ._...... ___.__._..�..,��._..�.�_ _. _ . _ _ �� . . . March 15, 1988 994 Linwood Avenue St. Paul, Minnesota 55105 Zoning Committee of St . Paul Planning Commission 25 West Fourth Street St. Paul, Minnesota 55102 I would like you to oppose the nonconforming use permit re- quested by Mr. Richard Cammack, for the establishment of a legal status for a triplex at 203-205 South Chatsworth and 989 Linwood. Although I did sign a petition in 1986 favoring such a conversion for Mr. Terry McGrath, current owner at that time, I now believe it is not in the best interest of the neigh- borhood nor in my best interest. My front porch faces the property and what I see is very un- sightly, to say the least. A large trash dumpster, almost at the edge of the sidewalk, open garage doors almost all of the time, a building in sad need of repainting, tenants parked across the sidewalk facing the garage doors . Mr. McGrath has been in the real-estate business for many years before the conversion took place, and should have known (and probably did know) that what he was doing was illegal . If our zoning laws are any good at all , the zoning committee should enforce them. Sincerely you�s-,, ., � ti� � ��_ �� - � Denni h�Ju�t eters , ZOiV�NG FILE az�_ :. . . � . �--tlJ� .� < < - . � . � � ; � 3 _ !I- 8��'` ' �.��+��V ��.� !o],bO� i ._. . � % � � �'✓l'� � ��'i0, a�� ' ' �'.��C' �f�: <J / � � �l .-��.�cJ �r—�---�—� � �� ,.5-,5-��o �- � .�v ��.-�—a� ��`z.�c�L� .-�.,��..,�-�- � i �� 8'� � _ _ � ' �.�.- �, t o � w � d'`�� „`�� - (��r�y�u�� ' ��' G�-!,l��',.�-� •.�''�'"' "`"' �.,� �, � � z�, 3 `5"� �� _ a o� Q�� - o? v 3 O} o� -� , � 9 �� ' � � � � �� . a�.� � . � � ,�, , � �' , � � ��'� `� , � � �,� � � � � �1 � ,�� A'�.�-QJ ^ i , ,L L�-'�.:�� , , , �,��, � y �� n� �� ' ,�-�-�� :.�=�. �� . � ��1�� . ._ . .� � ;�. . , � _ . � � _ _� � _.�� _ . �W. '� F- � _ . . l,(�L �./� ,�� -u.Q—i� �-�.c�rc.��/ ,.`��'Q�� _ ..._ � �� . �� .. � �%.� . �� ' �° �;'�.%�-�- , � � � o � _ ,� �.s_ -� � �S"9� , D-� �� a�� . ;� � ��'.�' . /o ��o�° ,��9� �.�; ��, o�_ . . �-�1�`��' �= �. �; .� �:: �;� !� ip��— � � � � � <�,....�,Q,y.t � �``� Y � r" _ �� s � A . . �� i�� y �� . i�i��`'/� �� C� V_i ` �� . , � � .� � � �� . . � � �� . � w �� -� � � .�- � � � � � . k� �fG�`�'� �'�� e ,.� ca o. � �`� /a/ � . �-�' �� `1i.�--' f�'io r zoN�N� ��E �d�. � ��Le /Ge2 � � . ` ��' �� ,, . PETITION We, the undersigned neighbors of 203-205 S. Chatsworth and 989 Linwood, oppose a Nonconforming Use Permit to establish legal status for the triplex apartments already illegally established in that building. Allowing the Nonconforming Use Permit would compromise the single-family residential character of our part of the neighborhood, would reduce our property values , and would encourage further such conversion to multiple-unit housing. We further believe we may have signed a "Consent of Adjoining Property Owners" form which would be pertinent to this matter , and we wish to withdraw or repudiate our support at this time. Name & Date Address � � . . , ; � - �- ;,��-�... .�;� ��: ; � � `?�I `-( �.� t�t�.L �` �{�: �t,L�' ,� � �� . � � , ' � --� � � � �' ,c� I� J �_ti-.,.�. . r � �'.� � ��L '�� j `'� � 1'�-f �� Ltij �'t l. �.. 1 ZONiNG FiLE ��?�_ Fic.e DVo / o a 60 • � � �� .1,�; � PETITION We, the undersigned neighbors of 203-205 S. Chatsworth and 989 Linwood, oppose a Nonconforming Use Permit to establish legal status for the triplex apartments already illegally established in that building. Allowing the Nonconforming Use Permit would compromise the single-family residential character of our part of the neighborhood, would reduce our property values, and would encourage further such conversion to multiple-unit housing. Name Address `� � /C�ti.a�Q x_.., /D Ola �!/lGGC�� v-e . `'�� 'pC�6 ��.�r.�o ov /�ve- �i�¢�,�,< ,BcR o-��'� � ��,c��g� J D 03 °�� . � �� '`� `�g /°° � � . � � /, y ��-� ��11 L�n �� c�w rz,".��rq � - J �-� 1�1��t.�. ��/��—�_ �� — __ �( � � _ �. � , - ,�. � � , � , i —'�`'" �c..c<_�`� !� �-�.;� `].�j i�7s L� �? L,�-.:��., � _l'.e_ C L�.�_� r� ;V C��/� �� 3/is��S % DU 3 p S c �a /� , 1'- �i/�-` �� s �� / � �9 �_`� �� / � � � � �� s�� /D�� O��' � 3 ,3-/8� ��.y ��- _ r � - 3 , s/�� a�� L,�.�oo � �� Q I C�r1�0�rr� ✓ � �1�-e� s� � � � � o !� � �� . ZO1�1l�G FlLE �OZ.� ; � ` v /,� � .,Y�, � r�; , � + � +a�+ r �� M r a � a r 1� • _.�. .. -- Z � � � , � .w� � � � • w � 1�, � s� .r�w w � � w��r r � �� s ` .er s N s � � • 1 � • � � � � . „. � "�\ �1 . ...�. r. �� = i � � � •� 4 � � � s s � �„ a f 1 • + � ! 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' . � � : , � h .\/ � j 1 ,_ � `' __.: �� 1J .�. , _ � �� ;�� ♦ ` APPLICANT ��rd Carr��►�� LEGEND �� ZONING DISTRICT BOUNDARY � SUBJECT PROPERTY PURPOSE . �_ O ONE FANIIIY_ pi.�wNwG QlSTR�ST � TWO fAMi�Y FILE N0. �d ',� OATE ��g$ �'¢'O MULTiPLE FAMILY • • n COMMERCtA� LAND USE SCALE� t"= 200' NORTH � � � �N�USTRIA� MAP N0. i�1MT PAUI PLANNiN6 DIYISION V YA�' Z� .,� ; -, . . . , e - . .� �._.-......,.,...��--�.--,�� - 'a.S'j• . , . � � ' !�� _- . � � /�� ' ��.., � � ,,. � J � . , ,, . � ST. PAUL CITY COUNCIL PUB�IC HEARING NOTICERECEIVED ZONING JUN081988 - CITY CLERK TO: Property owners wi thi n 350' ; FI l.E N 0. 10309 Representatives of Planning District 16 _ PAGE PURPOSE To appeal a Planning Commission decision denying a Nonconform- ing Use permit to allow the continue use of a third unit in a t�vo-family residential structure. Present Zoning: R-4 (one-family residential ) LOCATION 989 Linwood, 203-205 S. Chatsworth (Northwest corner at Linwood and Chatsworth) - PETITIONER RICHARD CAh1MACK HEARING �u=sa8,►, �une 23, 19s$ 9:oa A.M. � Cit Council Chambers, 3rd Floor City Hall - Court House QUESTIONS � Zoning 298-4154 (Lisa Freese) Contact the 2oning Sectinn of the Planning and Economic Development Department, Room 1101, City Hall Annex, 25 W. 4th Street, St. Paul, Minnesota 55102 Legal Description: On file Notic� •�nt 6/7/gg