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
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�`�'�/���''
,� , 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 >�'
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�
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.
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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:
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Tom Beach ' S Grais
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� ZONING BOARD �
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APPLICATION FOR 20NING ORDINANCE VARIAMCE
CITY OF SA1NT PAUL
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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. �'-�-� �
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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.)
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� . Z. Neme of owner (if differont)
. B. Property Dascription: ADDRESS 1 Sc 3� E"��:�u-%c+ud
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1, L.sp�description: LOT BLOCK v` ADD. '
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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
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3. SUtt the spstifk vwi�tioo�quettsd,gl4inp distances where appropriate. �
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4. Explsin how your esse eonforms to�ch of the followiny: ��f � r fy-,J'e' t t"
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a. That the atrict application of the provisio�s of the Zoning Ordisnes wobFd result in peculiar
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b. That the grontinp o(s wria�ce wiil
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CITIZEN PARTICIPATION PLANNING DISTRICTS
1.SUNRAY-SATTLECREEK-HIGHld00D
w 2.6REATER EAST SIDE
3.wEST SIDE
4.WIYTON'S BLIf FF
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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 ��
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