Loading...
88-1445 WHITE � C�TV CLERK COUflC1I ] PINK. - FINANCE G I TY OF SA I NT PAU L / Bl^�UERV'-•!�YORTMEN7 File NO. �r • ���- • � f Council,,...Reso o ��_,�� -�� _ _� Presented By } Referred To Committee: Date Out of Committee By Date WI�EREAS , Duane Simpson, 1637 Fernwood Street , Saint Paul , Minnesota, made application to the Board of Zoning Appeals for a variance from the strict application of the provisions of Section 62. 114 of the Saint Paul Legislative Code pertaining to the side yard setback requirements for an above-ground swimming pool in the R-4 zoning district for his property located at 1637 Fernwood Street and legally described as Lot 11 , Block 2 , Chelsea Heights, Ramsey County, Minnesota; and WHEREAS , following a public hearing with notice to the applicant and other property owners , the Board of Zoning Appeals by its Resolution No. 10311 adopted June 28 , 1988 , denied the application for variance for the setback requirements based upon the following findings of fact as set forth in the Board' s resolution: (1 ) The applicant purchased an above-ground pool from United Merchandising Company and it was installed in the back yard of the applicant ' s property without obtaining the required City permits . (2) The above-ground pool measures 24 feet by 16 feet and given the size of the back yard and the location of the garage and driveway it does not appear possible to meet the setback requirements for a pool of this size , even if it were moved to another part of the back yard. (3) The neighboring house to the south is set at the rear of its lot and is approximately 12 feet away from the pool . The house has one window directly facing the pool . There is a chain link fence and shrubs which partially screen the pool along the property line between the neighboring house and the pool . COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �� In Favor Goswitz Rettman B Scheibel A gai n s t Y Sonnen Wilson Form Appr v d by City Atto ey Adopted by Council: Date i � Certified Passed by Council Secretary BY— ; sy ; , Approved by Mavor: Date _ Approve�i b� Mayor for Submission to Council v� By By � ��-1�1 y� � . . (4) The plight of the applicant is not due to circumstances unique to his property as the lot is a typical 40 foot wide lot with a garage at the back. ( 5) The pool was installed without the required City permit. If the applicant had applied for a permit, he would have been told that the pool did not meet the setback requirements . (6) The hardship is self-created in that the applicant attempted to put in a pool that is too big for the property and did not check with the City about setback requirements . (7) The proposed variance does not meet the intent of the Zoning Code to provide a reasonable distance between swimming pools and neighboring property and will therefore unreasonably diminish the value of the neighboring house. The problem of the reduced setback is made worse by the fact that the pool is next to the neighboring house. (8) The variance , if granted, would not permit any use that is not permitted in the zoning district where the property is located. (9) The request for a variance is not based primarily on a desire to increase the value or income potential of the property. WHEREAS , United Merchandising Company, 1500 Jackson Street , N.E . , Minneapolis , Minnesota, 55413 , filed with the City Clerk its appeal from the determination made by the Board of Zoning Appeals in this matter and requested that a hearing be held before the City Council for the purpose of considering the actions taken by the said Board; and WHEREAS , acting pursuant to Sections 64. 205 through 64.208 , and upon notice to the appellant and other affected property owners , a public hearing was duly conducted by the City Council on August 4, 1988 where all interested parties were given an opportunity to be heard; and WHEREAS , the City Council did conduct a public hearing on the appeal on August 4, 1988 , at which time no person appeared on behalf of the owner of the property or the appellant ; and 2 . WHITE �- CITV CLERK COUQCII C � /� / PINK � - FINANCE G I TY O F SA I NT PA L n �,,/ CA�7�.417Y - �EPARTMENT �' �j �.U,E f ,.��oR � File �O. V / / •� � � Council Res uti Presented By �� � Referred To Committee: Date Out of Committee By Date WHEREAS , the Council having considered the variance appli- cation, the report of staff and the minutes and findings of the Board of Zoning Appeals , does hereby RESOLVE , that the Council of the City of Saint Paul does hereby affirm the decision of the Board of Zoning Appeals in this matter and does hereby concur in the findings made and determined by said Board; and, be it FURTHER RESOLVED, that the appeal of United Merchandising be and is hereby denied; and, be it FURTHER RESOLVED, that the City Council does hereby give and provide to the appellant and property owner thirty ( 30) days from the date of the publication of this resolution to remove the swimming pool which is the subject matter of this appeal , and to bring their property into proper compliance with the Zoning Code ; and, be it FURTHER RESOLVED, that the City Clerk shall mail a copy of this resolution to United Merchandising, Duane Simpson, the Zoning Administrator, Planning Commission and to the Board of Zoning Appeals . 3 . COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �� in Favor Gosw;tz Rettman Sc6eibel A gai n s t BY Sonnen .� SEP — � e Form App o d by Ci Att ey Adopted by Council: Date ��v . Certified Pa: ed by Council Secretar BY— � � . � ,^ B}, _ , Approved b avor: Da e SLP— � Appco ed y Mayor or Submission to Council B � ` BY Y PlALISH� S�P 17' 1988 '- a �' � 'i � < ; .;� : i y�.s i _ `, f_, c � , ( ��F g � � ��'� � - .->, ��.; ``, � ���I��J�� ; � '' .� , . , ' >, ' ` � z n � - �� r � � `1 � �� s ' � �.r -� j� ;41 ��'dJ Y:;� .F � � �_ al � (, ` '�t .. � �� ��' . . . . ' \ i �� 4 - a�' � �.1. .+�..d^� � i � ` �?s p \� f'.� �` �, ' . _ ,r, � �''�. F: � � � . � �l \� � i n i'� � ( �'}� `f„ � �' / � *A 'l. � \� _ F `�l � y � F '� r ���, r �� � � � r � iE � � �,�. � ) �.j A .: � . . .,. �' : ` `y� � /��.�.�� ,'��'T�� , �^ ��I, r I! � x �+.t � � y ' �r.` �� ' -.I` � :�t �j � � ��+• r "f ,�. ,f` .� � �l it� e . t ( '� ,�' � i � � r— :r � �*�. '� �,+� �{�J f` t - ^v,. ; r 9,' i it 1 � 3�r;� / ti. Z ,� i � :a �,���s�r y� � ..}., ` � � � � . .i �� r's,}/ �!i!ry� ��� .t� - ;;� ��. _ �'� � . .� � / � � �.'. �� �: s,� ;�t �� � � k � � '(��r��� • - ` ,�1. ' � �*'1 '4 � �' ~ F. ��t l if^ � * � ,! � l�`., h . ����� �iil�`� f�Q �11t� .+4f l��r�� �`��' ��� �M����; � , ; � : - , ��`����-���+��r � � �� �:� � � �� - '" ` '-_ : .�� +�; ��%�►��► .s� ������ �� , ` � �"' � `� ��1���:�� !� �'=� �?!�M���'�� f � :.� � � , ��Q �ZC�NM#d�� � ' ' t ; � , .#��.�It� ��.,�"Lk4 �.'A�E?� C�" ,�«a, � �`���� `' ` �` � �r�y ,��.,.�.3�{��y{�.�j[� `�� � y � .�;•, �. }.' , ���� �'!^'�'�� »�����fili •_ '� . ..'�� .:f�i���YI .,1.�' ��'� � �� � � � � k' ��� �� "�� � �� �- � � ' a '� r-i �'r- � �•��� ' ' � � + �-. - < '$�' ,.E �:. _�.� i F" �.- �+ t� ,� , : ;w` J � � � /' �, � - .. � - " � ' -. ;.,�; ! r/r y �a ���4�r� ,F7rr•",����' l � � t � ` - •- k � r ��'. �✓ �� ' ` n ,l�: ' .' `r,r,_ "�. N ` ,r �.,� ,Z,. _- i ��� . i a f � ��.!{ ,. ; �� #�' / , s��', -� �.l � �� '� `i � � C i � - ti ,l� d . �,:tr °� - _ -� ~� � � � 1 `yi `q_ ': �'� ! _ *� � =) �_ ,�'e F:. �L y' �r� � � � � 1 � . . � � �I _ . , f,�,� � � 1 ti vj. ,��/ � '.# ' V/ 1 , , . , . M1 6�',. J � / ��_ � '` . � ' . , , � , , � i.� '`� , � . :, . � , : , , , � �s'��,� a :,� � . .-� �'� � ' . � i': > , x . .,� , _. �� > � - � � !� ,� , �. � . - v � � �� � �`' r" '' � ; �. . `-, ��' ., , ; � '�, � , ��,. �� ' , � " y � �,.� . « , . r � ' ... , : . :� . , p.� . .:_ f.. : .y �� � + � �: s �-� ,,, � � . d � � i � ~- � � �. .,� I' � � � 34� ♦. /'. � W �` ' .�' , ' .YM1./ _ / .` I' �\ ` `4 � \ �/ t `�. ' . � E .'. 1 \ � i ) fr �: .-1 , ;� ' 1 > ,� >. � �,' . � < ; � ,� `'fi . r �r � _ � F'" �s 1 s ✓ � "�,'. - '�a :s r �:�� r� �, Z .t y.� ;� + � t f y� �r t > � :;r �' \ ( ' ,.4'. r %t r' �ti�= ,:i i ( U� � - / � � I /� � / rQ� � �1 � :-� y�, ,E 'ry / j ?S P•r °�'3 � . � f � � '� f. j � F l� i � '!� . �i� ,t"� / i � t 7 . ��,. ; ��� - Y �{� �f� t .. � Y � I .I �.� � (� �� �; _ r �� e n`�� r �}7 ky� ?Y � R' �r � � F ��f� �c `a �F� y .�; - 1 ' � ' � z � �. [ •,,g ii '�* ��1 � 1f f '�e� "�,r m � - f , r - J . `k S ., � .�t ,��� �" ,p t �, �, "+ 'Y�� x � � �, : � �# ` � .�t � ;,.,�, h$ ' b, � ,e� ,� Y4. Q °a � - ," t' � 3 �� `� r.� � � � r� � °Yv� . � � � � � i a� �4 v�p t �.` t �� � r.� '� � � ��� i'�t�� ,7 } i � i� �-f#. �.��� ��.-��} r r ltmi:cL..,_;ik=�`......�^roerk.i;�'�i"`i.�;`'�,+a..�y� .�� ��.#� .. r. . _._.. L t'�-a i+�>� .' ..,........,` :,.„._4Lw':�2Sr�...4,X��'4„r?.�t,t.,i;'��c2..X�.`�:�s.._...,..w k...��o. ��_.',�_����'"""k� ....t.'S,�?s...1 s .��.. t,��a. �`�'�/���'' ,� , N° �12733 � C �T l�c�.e...I DEPARTMENT CONTACT NAML � ` PHONE DATE ASSI�N NL?�[BER FOR ROUTING ORDER: (See reverse side.� _ Department Director _ Mayor (or Assistant) _ Finance and I�ianagement Services Director _ City Clerk _ Budget Director _ � City Attorney _ TOTAL NUMBER OF SIGNATURE PAGES: (Clip all locations for signature.) Y G C N T C ? (Purpose/Rationale� ��'►"rw a.�#�►�.«*�.�� ?1��.. .�. c.�r= v« � T� •�o+�,. t >�' �,�,1 �Q'�, .�{e���►� �. ydMiM+e��. -�.. �. �t,�,».�,� �i. / .�.� 7 l��� �"�'r�►'�'� �— 6�es�► .r.� l�.s �,1 /��„1'T..' �/ �'.�` � COST/BENEFIT. BUDGETARY. AND PERSONNEL IMPACTS ANTIGIPATED: FINANCING SOUR�CE AND BUDGET ACTIVITY NUMBEtt CHARGED OR CREDITED: (Mayor's signature not required if under $10,000.) Total Amount of Trans�ction: Activity Number: Funding Source: Counci� Research Center ATTACHMENTS: (List and number all attachments.) A UG 2 2 �9� ADMINISTRATIVE PROCEDURES _Yes _No Rules, Regulations, Frocedures, or Budget Amendment required? _Yes ,_No If yes, are they or time.table attached? DEPARTI�tENT Rt3ViEW CITY ATTORNEY REVIEW Yes _No Council resolution required? Resolution required? _Yss _,No Yes _No Insurance required? Insurance suffici8nt� Yes _No ,Yes _No Insurance attached? 4. � {� HOW Tb IISE TH8 GRBEN SHEET . ' . .. .,. .� `--alr'Y '' . . .. . .. The GRELN S�lT has three POSSS: . . . _ ., l. to asaist in routing �cusents a��d itt securing raquired signatures; 2. to brief the revie�rer� af docv�ints on the i�pacts of approval; 3. to halp ensurs that nacessary 'aE�p�c�rting materials are preparad and, if required,` � attached. Providing complete information undsr th� listed head�.tt►gs enables revis�re�s to a4ake decisions on the documents and elimiaates follow-up contacts that may delay eaecution. Below is the prefarred ROOTING for the #�ve most freque�t types of�docu�ents: CONTRACTS (assumes authorized budget exists) 1. Outside Agency 4. Mapor 2. Initiating Department 5. Finance Director 3. City Attorney 5. Finance Accounting Note: If a CONTRACT amount is less than $10,Q00, the Mayor's signature is not required, if the department director signs. A contract must al�rays be signed by the outside agencg before ro�ting �hrougt� City;.offtces. , � � _ , . .. ';��' � � . --ADMINIS�RATIWR O�tD3i�_:.,�$�sidget.�ev�s�.on) � . "'� : ADMIDIISTRATiVE::,bRBER;�al1 others} 1. Activity Manager 1. Initiating Departmen� � 2. Departmeht Ac�ountant� � 2. City AttoXne3� : '; 3. Department Director 3. Mayor/Assistant 4. Budget Director 4. City Clerk 5. City Clerk 6. Chief Accountant, Pinance and I�tanagement Services COUNCIL RESOLUTION (Budget Amandment/Grant Acceptance) �ONGIL BESO UTION (all others) 1. Department Director 1. Department Director 2. Budget Diractor 2. City Attorney 3. City Attorney 3. Mayor/Assistant 4. Magor/Assistaat . 4. City Clerk 5. Chair, Finance, Mgmt. , and Pers. Cte. 5. City Council 6. City Clerk 7. City Council 8. Chief Accountant, Finance and l�anagement Services The CiOST/BENEFIT. BUDGETARY. AND PF.�S�NNEL ��CTS heading provides space to explain the � cost/benefit aspec�s �of �h�:���cision. Costs and benefits relate both to Citg budget (General•Fund' andJ'or �$pec3el Funds) and to broader financial impacts (cost to users, homeowners, Qx:oth�r,�graups affected by the action). The personnel impact is a description of change or 'shift o� `Ftill-Time Equivalent (FTE) positions. The ADMINISTRATIVE PROCEDURES section must be completed to indicate �hether additional administrative proceduras, including rules, regulations, or resource proposals are necessary for implementation of an ordinance or resolution. If yes, the procedures or a timetable for the campletion of procedures must be attached. SUPPORTING MATERIALS. In the ATTACI�tENTS section, identify all attachments. If the Gr�en Sheet is �ell done, no letter of transmittal need be included (unless signing such a letter is one of the requested actions). Note: If an agreement requires enidence of insurance/co-insurance, a Certificate of Insursnce should be one of the a�t.�chm�nts .at time of routing. _ _ o e: Actions �hich require City Council resolutions include contractual relationships �rith other gavernmental ur►its; collective bargaining contracts; pnrchase, sale, or lease of land; issuance of bonds bq City; e�inent domain; assumption of liability by City, or granting by �City of indemni�ication; agreements with state or federal government_ under �hich they are providing funding; budget amendments. �d"� r -/�/�/� °�' CITY OF SAINT PAUL s�tr o. ��~� ' � OFFICE OF 7HE CITY ATTORNEY ; ��� '%+ 101��'0° �� EDWARD P. STARR, CITY ATTORNEY ,;.. ,. `"'��„r ,.,. ,�� �,�`'� 647 City Hall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR August 17 , 1988 RECEIVED AU G 191988 CITY CLERK Albert B. Olson City Clerk 386 City Hall Dear Mr. Olson: Pursuant to your request of August 4, 1988 , I have prepared a City Council resolution denying the appeal of United Merchan- dising to the decision of the Board of Zoning Rppeals for a variance for the above-ground swimming pool for property located at 1638 Fernwood Avenue , and further providing that the swimming pool must be removed within 30 days of the publication of the resolution. You will note that the resolution requires that a copy be mailed to United Merchandising, Duane Simpson, the Zoning Administrator, Planning Commission and Board of Zoning Appeals . Yo rs very tr y, 1 ' I J Q J /� A s � stan,� �City Attorney , � JJ�:cg �, i �� Encl . �v1TY OF ��%— (�(I .�—��/ F--��j • �� �. CITY OF SAINT PAUL ' r, x a ��„���„„ ; DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT � m� �u n � ��.�....,. mm ho DIVISION OF PLANNING r '' 25 West Fourth Street,Saint Paul,Minnesota 55102 �es+ j ': �� ; 612-228-3270 GEORGE LATIMER ��� MAYOR July 26, 1988 .,°� Albert Olson, City Clerk f ,. : � �,r ;>,� - <__.d Room 386 City Hall _� ,,-�,, - Saint Paul, Minnesota 55102 " ,,�, � � �"; �, �, . �.f. RE: Zoning File #10342 - Duane Simpson City Council Hearing: Thursday. Au�ust 4, 1988 PURPOSE: To consider an appeal of a decision by the Board of Zoning Appeals to deny a setback variance for an above-ground swimming pool. The pool was installed earlier this year without a permit. It is 4' from the side property line. The Zoning Code requires a 10' setback. BOARD OF ZONING APPEALS DECISION: Deny (5-0) June 28, 1988 STAFF RECOMMENDATION: Deny SUPPORT: None OPPOSITION: 4 people spoke at the public hearing and 1 letter was received. Dear Sir: On June 28, 1988 the Board of Zoning Appeals voted to deny a variance to reduce the required setback from 10' to 4' for an above-ground swimming pool at 1638 Fernwood. The BZA found that the hardship was self-created since the pool was installed without getting a permit or checking about City requirements. The BZA also found that the variance did not meet the intent of the Zoning Code because of the proximity of the pool to the neighboring house. The appeal is scheduled to be heard by the City Council on August 4, 1988. Please contact me by August 3 if any Councilmember would like slides presented at the public hearing. Sincerely, Tom Beach Zoning Section Attachment TB:ss . . �-�,��s � T P I T I �CEIVED S . AUL C Y COUNC � PUBI. IC HEAR ING N OTICE �UL 251988 CITY CLERK ZONING - T0: Property owners within 100' ; FIL E N 0. 10342 Representatives of Planning District 10 PAGE PURPOSE , The applicant is appealing a decision by the Board of Zoning Appeals to deny them a variance for a swimming pool . The variance would reduce the required setback from the neighbor- ing property from 10' to 4' . LOCATION 1638 Fernwood PETITIONER DUANE SIP1PSON/ NITED MERCHANDISING H E A R I N G Thursday, August 4, i98s 9:0o A.M. . Cit Council Chambers, 3rd Floor City Hall - Court House Q U E S TIO N S Zoning 298-4154 (Tom Beach) Contact the Zoning Section of the Planning and Economic Development Department, Room 1101, City Hall Annex, 25 W. 4th Street, St. Paul, Minnesoia 55102 Legal Description : On file Notice •ent 7/22/88 . �����s � ST. PAUL CITY COUNCiI. PUBLIC HEARING NOTICE R��E►�� ZONING � - , JUL 2 51988 CITY CLERK T0: Property owners within 350' ; FIL E N 0. 10342 Representative of Planning Oistrict 10 PAGE P U R P O S E The contractor, on behalf of the property owner, has filed an appeal of a decision by the Board of Zoning Appeals to deny a setback variance for a swimming pool . LOCATION 1638 Fernwood PETITIONER DUANE SIMPSON H E A R I N G Thursday, August 4, 1988 9:00_ A.M. . Cit Council Chambers, 3rd Floor City Hall - Court House Q U E S TIO N S Zoning 29s-4154 (Tom Beach) Contact the Zoning 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 Notice aent 7/19/88 � . . ��/�� CITY IOFTSANNTOPAULP�EC E i V ZONING OFFICE USE ONLY ED File # � 03y 2. JUL 81988 Application Fee $ ��' ZONING Tentat i ve Hear i ng Date App 1 i cat i on i s hereby made for an Appea 1 to the G� ��''' �VkGi' under the provisions of Chapter 64, Section , Pairagraph of the oning Code to appeal a decision made by the �C Board o�ng Appeals Planning Comnission on � , 19�. _ Zoning Administrator (date of decision) Planning Administrator Other A. APPELLANT , / _ _ , �vr- /.����� s��/ls��• Name (�/V� ?�� L !ZJ �� Daytime phone ��1�"�--3o.S Address / �G D � �C�So,.� Sf- /t�, c� Zip Code �Sy�-3 �DECISION BEING APPEA ED Zoning file name —�j' Zoning File # +��� Property Address/location �� 3 e�kWOO � Legal description �-O� �� ��� Z � S C. GROUNOS FOR APPEAL (Use additional sheets if necessary. ) (txplain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Planning Comnission.) � i o/Z.� (J hJ C L' !� �o!� �L',T L% r �t �G„� U ri /1 6 T�1E�/_L� UA'1G'S I.vC%��— �'U�' v/�I/ �• (J 1" �r C�•��L.S2L.''N�ib !,/� �Vl.s�" �`' ��//11 � ��GJG�C rV� � U�'lf��. � � If you have any questions, please contact: � � icant's signature St. Paul Zoning Office 1100 City Hall Annex --7 � p� 25 West Fourth Street / 0 Saint Paul, Minnesota 55102 Dat City agent (298-4154) 9�82 � � , . ��i�� MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS 13th FIAOR CONFERENCE ROOM, CITY HALL ANNEX ST. PAUL, MINNESOTA, JUNE 28, 1988 PRE : Mme. Maddox; Messrs. Grais, Osborn, Woods, and Zimniewicz of the Board of Zoning Appeals; Mr. Sullivan, Assistant City Attorney; Ms. Lane of the Division of Building Inspection and Design; Mr. Beach, Ms. Synstegaard and Mr. Ryan of the Planning Division Staff. ABSE Messrs. Kirk and Horak. The meeting was chaired by Sam Grais, Chairman. DUANE SIMPSON [#10311) : Side yard setback variance for swimming pool. The applicant was present. There was opposition present at the hearing. Mr. Beach showed slides of the site and reviewed the staff report with a recommendation for denial. One letter was received in opposition. Mr. Grais asked whose responsibility is it to obtain a permit. Mr. Beach replied that it is generally the responsibility of the contractor to obtain a permit. Mr. Zimniewicz stated that in addition to the pool being too close to the • property line it is also too close to the apartment building. Matt Olson, 1500 Jackson Street, of United Merchandising representing the applicant stated that his company was obligated to obtain a permit. He started the job while in progress and there was a misunderstanding. He stated that it is only a matter of 6' . He spoke to the neighbor next door and she stated that she did not mind the pool being there. He stated his company is willing to put up a 6' privacy fence which should eliminate water splashing on her property and cut the noise back. �Ir. Zimniewicz asked Mr. Olson if the pool was 6' high, Mr. Olson replied yes. Mr. Zimniewicz stated that a 6' privacy fence would not do any good. Mr. Olson stated that he does not understand how being another 6' away from the property line would cut down the noise. Mr. Grais asked Mr. Olson if there was a way he could cut the size of the pool. Mr. Olson stated that that was the pool Mr. Simpson ordered. Hr. Grais asked why United Merchandising didn't put the pool in the center of Mr. Simpson's back yard closer to the house. Mr. Olson replied that he did no� know 8s he came into the job when it was already started. Mr. Grais asked if Mr. Olson if Mr. Simpson had paid for his pool yet, Mr. Olson replied that Mr. Simpson had paid in full. Mr. Olson stated that it would cost Mr. Simpson $2,000 if they had to move the pool and $1,000 to remove it. � . � . . ��_,�� File #10311 Page T�o Geraldine Larson, 1633 Fernwood, asked Mr. Olson which neighbor he spoke to that did not mind the pool being where it is. Mr. Olson asked if she was the neighbor closest to the pool. Ms. Larson replied yes and that she had never spoken to Mr. Olson. Mr. Olson asked Ms. Larson if she was the owner, Ms. Larson replied yes. Mr. Olson asked Ms. Larson if Mr. Beach spoke to her, Ms. Larson replied yes. Mr. Olson asked Ms. Larson if she stated to Mr. Beach that she didn' t mind the pool being there. Ms. Larson stated that when she spoke to Mr. Beach she told him that she didn't know what the noise factor would be from the pool. Since that time however, the Simpson's used their pool last Saturday from 1 A.M. to 2 P.M. and the noise was incredible. i�Ir. Osborn asked Ms. Larson if she ob�ected to the pool being there, Ms. Larson replied yes. She stated that they excavated to put in the pool and piled the dirt behind it which is almost as high as the pool and there are weeds growing out of it. Her main objection is that it is dangerous. The Simpson's yard is not fenced in and there are a lot of small children in the neighborhood. She stated that the property is now an eye sore and has decreased her property value. She stated that the pool is 13' from her bedroom window. Mr. Olson stated to Ms. Larson that he was under the impression that she did not mind the pool being there. Beth West� 1235 W. Idaho, stated that her home is located at the end of the alley. Their Y►ome looks right at the back of Mr. Simpson's pool. She stated that she objects to the pool being there because of the noise, visual aspect and the safety with young children. Donald Lark, 1629 Fernwood, stated that his bedroom windows faces Mr. Simpson's pool. He stated that the pool is set so high that when they are on their deck they are looking down at their home. The yard is not fenced in and looks dangerous to him with all the small children in the neighborhood. Scott Batcher, 1641 Fernwood, stated that the property is unsupervised for 12 to 15 hours a day and he is concerned for the safety of his children. The pool is an eye sore. Since the Simpson's have moved into their home they have done nothing to improve it but put in a pool. He is concerned if the pool will be kept up and maintained and of the noise level. The Simpson's come home late at night and the noise never ceases from their property. Fo�tunately for them the weather has been hot so they have had their air conditioning on so it drowns out the noise. When they do not have their air conditioning on and have their windows open the noise level from Mr. Simpsan's home is very bad. " . Mr. Woods asked if Mr. Simpson is expected at the meeting. Mr. Beach replied that Mr. Olson is representing Mr. Simpson. Hearing no further testimony, Mr. Grais closed the public portion of the meeting. � File #10311 ��/�`� ' Page Three Mr. Zimniewicz made a motion to deny the variance and resolution until it can meet the Zoning Code and until positive protection from noise, beautification and safety is provided. Ms. Maddox seconded the motion, which passed on a roll call vote of 5 to 0. Submitted by: A oved by: �;� / � , w� � � Tom Beach ' S Grais . � . � � . r ��3►► ��/�1�� � ZONING BOARD � C ^ ^ 7 . _ � APPLICATION FOR 20NING ORDINANCE VARIAMCE CITY OF SA1NT PAUL J , A VARIANCE OF ZONING CODE CF�APTER�.' a— ,SECTION�.�_PARAGRAPH �_ IS REQUESTED IN CONFORMITY WITH THE POWERS VESTED IN THE BOARO OF ZONING AP— PEALS TO PERMIT THE " `� - �� • ` ' � ON PROPERTY DESCRIBEO BELOW. �'-�-� � /� � • � A. Applicant; NAME: L /��An�/% ---��M�,Q� ADDRESS /!�'-� � F��� W�d � ��' DAYTIME TELEPHONE NO. ��7 7 ' �/o�.� 21P CODE 1. Property interest of e plicant: (owner,contract purcheser,etc.) ' p w r�C.l�. , � . Z. Neme of owner (if differont) . B. Property Dascription: ADDRESS 1 Sc 3� E"��:�u-%c+ud . . C��/x� 1, L.sp�description: LOT BLOCK v` ADD. ' _y . a� z. �;�s; yo� �c /.3 b ; R �- �i" ' . . "� S k.�r .�`� _• �' � � �� � �." - �. p�t� ��' -� � Present Zoning�ist. i ,� � , • C.• •�Mrarl['iatti�pMSt: _ � 9 '� ��*h�:; . :`}4 r ti�.• - ,a L �IO�OMd YM �. ^r+t Q., / ' �.t�v�MM�'/� �ov ( �' (�'/US���t �'��o� � �'" 2. Wh�t phy:icsl chancLeristia of the property prevent its being used fo�any of the psrmitted uses in you►tone? ttopograPhy,aoil conditions,size and shape of lot,etc.l �. .. f �^ �( ^ � S,L (c1' y ,�.:�-�� ��^� � .�j' . :.�v .a.%6 _ a l�G`"''-� .,_ � 3. SUtt the spstifk vwi�tioo�quettsd,gl4inp distances where appropriate. � � � i//�rtl�/,n/�.�� f✓(��1"1 �'�, �r��` ''� t �i n� c:,_ �c� Poo � � /p ' r�� u� . ,� � 4. Explsin how your esse eonforms to�ch of the followiny: ��f � r fy-,J'e' t t" `T - a. That the atrict application of the provisio�s of the Zoning Ordisnes wobFd result in peculiar a exceptional practical difficulties,or exceptionsl undue hardthips. ' r j�- �;;s� c�.-,v��._ ,�, r 1�� ,.:..��Y� �� fj�. t . � .. CASNIERS t18E ON�Y b. That the grontinp o(s wria�ce wiil not be a substantial detrime�t to (�/(jj f Q$pppZZ10C� ��}� 1 • � public pood or�wbttsntial impeir- 4I�1 �IANCF *14C1.i70 ; ment of ths int�nt �nd purpaseof �'� *1�.� � the Zonioy Ordimncs. � � *i�.� ; �,,�,,��c � .�st- � �.00 ' a����,,s�-��� .�f��" I�y:�, .�b�.L G r S, ' NOTE: TM'1 NOT SE PR ESSED WIT T A COMPLETE SITE�LANI �1 . ����� (,� �1`�`' y S�gnature .■� , U�v,f� � f / Svv �%9�lt i u.`' C� L�-t jl i L�?f l�An�1 `��tr��1� M Dete Recsived ,...�- , , ����� . � �� � � �w�-� � . . 1 S;�„�,p so� r , , � � � � � � � � 6 � . I � .� - r�, � .___� � � 1° � I ,� � ` , � � �� ., n � . � � � t (�����'�. ,t`��-` V` � � �� � U` � -� �., ; � � � ��' �}o°� , . �`��' r C � � I � , � o � � ,i o ,I. � � - ♦ — `Y � : � �, � � � a � �' % - � _ '� iI ' \ � �v � � .I � :� � L ., , � `s ` �' � � , � ' � � `li � t � ' ` � �;'� - `-� � � ! --� I ' � °' � i `� � ♦ ! � � � � �, /6 � � � � � � , ; c ' ` , , ; '!� _ ' . � :,, , ��; �. . ; _ �„ _ � � - � i!� • � ' �:�� � 6 �►�,�„ � � �° �_- - , v ;� �� I� �G, v3 � / ��_��, � ,/ �� % s . � �� �O � ' Yl� F,�l-� �a �� . _ _ _ �,,�.Glnc�v �l', /%�� i ✓ _ �GGe.1_ _ _ _ . _ `���.-� ��_.�.�_ _ - --- _� _ - - -- - .�-��-�� �.�.-�' � -- _ �� __ . __ - —�.��c�-��--P--e—�-- — ---- _.____�. --------��� -Gz'-'-`�'' — _ _. , /� . � . ____LU�i__ __ _ _ ____----�'2%�' _ _ __. ------� _ _ __. ---------- - ---_�'���-----_ _ __---�� --� ;�- _ / ` � � __ __ -------����_-�z� _ ____._ __. _._ _-- --. , - ___ �� a:� 1._-�_��2 cv.�c�:a�___ _ _ --- __ _. __ __ __ _ ._ _ _ _ .__ _ _ f�-�-�.--.' ' - - - _____-------- --- --- ---- --- ___ __._� ----- - - . _- --- --- --- ---__-___ G ��.__ � --�.� -- __ __ � • /•/ �,���.� ZF �p�ll �;,--� o r A �� � � _ j , • � � � �O • a►�e�s+ r ~ r � A ♦ � � � � �� � ` ` � w � R 12 . 3 , 6 } a.o , ...,.e .� t ! ' � ..,.. .. � � � � � 7 ! � � , � .e.• a � � s w w i � ' � ��� f �� � �„� f � �� � . � ..a,.. .� v wo+. � ��. • � �p i w.n � � t� ~ e � s s e uw.`•. ! � � S � • • � � � � �~ � 6 � � ..�F.. M ; .. � . . . ... .R �+ � �w.. « � /'� w� " �• �4 � t � � f�nr M i ��! r ��.� � ' �� s e• i � ! � • ��ae i � 14 •�� N % # 9 � .� .• � � ,,.�• 1 ' � « i o ` ' 1 = f s � ; ! t , _ _ ! � d i $ ' � � � r � : � � .�� .� � b _ ,. � _. . � ► � � � � � � � .... . 015 � , � , � t .war w � � � t �mo� � ` ` . • � ' � / � � ,\ a � L M �_� !f/� � ' • am �. �w.. �W CITIZEN PARTICIPATION PLANNING DISTRICTS 1.SUNRAY-SATTLECREEK-HIGHld00D w 2.6REATER EAST SIDE 3.wEST SIDE 4.WIYTON'S BLIf FF � S.PAYNE-PHALEN 6.NOR7H END . 7.THOMAS-�LE 8.SUMMI'f-UNIYERSITY 9.WEST SEVENTH 10.COMO 11.HANILINE-MIOWAY l2.ST. ANTHONY 13.MERRIAM PK.-LEXINGTON HAMLINE 14.GROYELANO-MACALESTER 15.HIGHLAND 16.SUMMIT HIII �� ./. �'!t',Tr���� '� ��7 ��►�� — ' -. R��► t.� • � �� !'�t � • � — ,� �`� +� ►�� �- �� �'� �. � .� . •� _ �, ip rr ,�n �, � • � • � • � . :�� . •r:� .� � .�,;, � _ __ _ _ �ii'r�i � . • � � �� . . �. • . . . . . . . . . . . . . :• • � . . . • 'r , • r rr � . , , I .� . � � . • �' ��� � ������� �� � � r � • • � �/ � � � . . [•� �= C� E•,j , � r' • � ��� �.�-,. �► '� � E� "'�7 i -s � E �.� � l�3 � t�3�� • • � , " ��� ' .�� ' ' • _� • . .�� . • ' � ' � � 5.�� • _ � • �i= . . � � ��: � ,. � ' Z��' s . ii I t•7 � ' � � � ' � • . • • �, � ��� ►'t � • • • s � � � • � • � � • � � • • � �� � ' e • � • � �1 • • • • � � � • • • � � � � � �j � : � � � � � • ♦ � � • • �� � � � • • • � � � � � � � ~' �� • � • • • • � • •