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88-1681 . WNITE - CITV CLERK PINK �- FINANCE COUI1C11 j{�' CANARV - DEPARTMENT G I TY OF SA I NT PAUL File NO• �u ��6g� &.:-.UE - MAVOR - , � Council Resolution ;�`1�; � • �� Presented By Referre To Committee: Date Out of Committee By Date WHEREAS , Melvin B. Merriewether, 719 Blair, Saint Paul , MN 55104, made application to the Planning Commission of the City of Saint Paul. for permission to re-establish a legal non- conforming status of a structure to allow a beauty salon and real estate office at 856 Edmund, St. Paul , legally described as Lot 15, Block 4, Syndicate No. 2 Addition to the City of Saint Paul , Ramsey County, State of Minnesota, pursuant to the pro- visions of Section 62. 102 of the Zoning Code; and WHEREAS , following a public hearing conducted by the Zoning Committee of the Planning Commission with notice to affected property owners, the Planning Commission by its Resolution Number 88-57 , adopted August 12, 1988 , approved the application for change of non-conforming use subject to the conditions that the curb and gutter be restored to Victoria Street, and that the parking area be paved, based on the following findings made and determined by the said Commission: 1 . The applicant proposes to establish a 3-chair beauty salon and real estate office on the first floor and two apartments on the 2nd floor of the existing building. The beauty salon is a personal service establishmen� and with conditions is first permitted in an OS-1 zoning district. A real estate office is also first permitted in an OS-1 zoning district. 2. The last use to occupy the lst floor appears to have been an antique store , and the last occupancy permit issued was for a store and two apartments in 1982. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �ng [n Favor Gnswitz Rettman B . sche;bel _ Against y Sonnen Wilson Form App ed by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY � �-' �� By t�pproved by iNavor: Date _ Appr ve by Mayor for Submission to Council By By � � �. � �� 3 . The previous non-conforming use has been discontinued in excess of 365 days, and it is necessary to obtain approval of the Planning Commisaion in order to re-establish a non-conforming use. The building is designed to be a commercial structure and would require considerable structural changes in order to accommodate typical uses permitted in the RT-2 zoning district. 4 . The proposed use is equally appropriate or more appropriate to the district than the previous use. The present combination of uses would be first permitted in an OS-1 district, and the previous non-conforming use is first permitted in a B-1 district. 5 . The proposed use doea not appear to impair the health, safety, morals and welfare of the community, and is consistent with the reasonable use and enjoyment of the adjacent property because neither of the proposed uses will , as a generai rule, generate large amounts of traffic or noise. Whereas , Pursuant to the provisions of section 64. 2Q5 , John F. Nieszner, 854 Edmund Ave. , St. Paul, Mn. 55104, duly filed with the City Council his appeal from the decision of the Planning Commission, requesting that a hearing be held to determine whether the Commission had committed any error of fact or procedure; and Whereas, Acting pursuant to the provisiona of section 64. 205 through 64 . 208, and upon notice to appellant, the applicant, and other affected property owners, a public hearing was duly conducted by the City Council on Thursday, October 6, 1988, where all interested parties were given an opportunity to be heard; and Whereas, The Council, having heard the statements made, and having considered the application, the report of staff, the minutes and findings of the Planning Commission, does hereby make the following determination: Resolved, That the Council of the City of Saint Paul does hereby find and determine that the Planning Commission did not commit any error of fact or procedure in this matter, and the Council does hereby affirm the decision of the Commiasion and concur in the findings made and determined by said Commission; and be it Further Resolved, That acting pursuant to the provisions of section 64. 207 of the Zoning Code, the permission granted to Melvin B. Merriewether to re-establish legal non-conforming usea at the property at 856 Edmund is hereby made expressly subject to the following conditions, which ahall be attached to and become a part of the permit: 1 . The curb and gutter be restored on Victoria Street. 2 . The parking area be paved. 3 . All building permits required by law be immediately obtained and remodeling work be commenced immediately and completed within three ( 3 ) months of the date of the adoption of this resolution, except for any exterior work that may be delayed on account of weather. WHITE — C�TV CLERK COUflCII �/ / PINK �— FINANCE /�/� CANARV — DEPARTMENT G I TY OF SA I NT PAU L /� //� fdLUE. � MAVOR File NO. v /�✓�i Council Resolution Presented By Referred To Committee: Date Out of Committee By Date 1 . The curb and gutter be restored on Victoria Street. ' 2. The parking area be paved. 3. R11 building permits required by law be immediately obtained and remodeling work be commenced immediately and completed within three (3) months of the date of � the adoption of this resolution. FURTHER RESOLVED, that the appeal of John F. Nieszner be and is hereby denied; and, be it FURTHER RESOLVED, that the City Clerk shall mail a copy of this resolution to Melvin B. Merriewether, John F. Nieszner, the Planning Commission, the Zoning Administrator and the Planning Division. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �� In Favor coswitz Rettman �he1�� 0 Against BY Sonnen Wilson �cT ^ ^ '��8 Form Appr v d by City Attorn y Adopted by Council: Date � - Certified Pas e uncil Secr y BY �� gy — � Appro - fNavor: Date ' Ap ro ed by Mayor for Submission to Council g By PUB4.I�NEB 0�� 2 4 1988 � �aV�� " � .0l° 012779 , . � - - - - - DEPARTMENT - CONTACT NAME PHONE DATE . ASSIGN NU'MBER FOR fl�UTING ORDER: (See reverse side.) _ Department Director _ Mapor (or Assistant) _ Finance and Management Services Director _ City Clerk _ Budget Director _ _ City Attorney _ TOTAL NUMBER OF SIGNATURE PA�ES: (Clip all locations for signature.) WHAT WILL BE ACHIEVED B�' TAKING AC.TION ON THE ATTACHED 1�lATERIALS? (Purpose/Rationale) ��t,�s�.c �J ' �� ol�w� 1� rt3;tss.�r�t 1�,.r. de�,a�r.��v dF ��, • . P�a,a�� cJIM MI •r r .o.t� •�w C;k�'� o� /�t�'+�'"�'�►"�lf1 c.�j'.� 4� O}.�eyT'3► a,/" �s"b L�'.t�t K M 1 �- �tti T�, �.utic!��l�r�r i•'''/►�.F' a/ �y c:r� C�,�.�; �- /�.��.� �. f�t o�: 6, �pd�. COST/BLNEFIT. BUDGETARY. AND PERSONNEL IMPACTS ANTICIPATED: FINANCING SOURCE AND BUDGET ACTIVITY NU�IBER CHARGED OR CREDITED: (Mayor's signature not required if under $10,000.) , Total Amount of Trans�ction: Activity Number: Funding Source: ATTACHMENTS: (List and number all attachments.� Council Rese�rcl� Center . U C i ;� �is88 ADMINISTRATIVE PROCEDURES _Yes _No Rules, Regulations, Proceduras, or Budget Amendm�nt required? ; _Yes _No If yes, are they or timetable attached? � �EPARTMENT REVIEW CITY ATTORNEY REVIEW ____Yes _No Council resolution required? Resolution required? _7Tes _No _Yes _No Insurance required? Insurance sufficient� _Yes _No Yes No Insurance attached? � : �. .. �v. . .E r � � r�; �. � x .: .�:r��w.�. _ ,f � �� . n' � �� r 4� � '�. e �� t,�� t i � � �� , �. '� k � y,.i�� 3� ' 1. � ��:1 ��f �i �' +�r �,� ` S`�� J � 1�-� 1� ��f�� r p k �� c�/ „ ;i .t ��. � � � � �� Y 7 r ;� �,i � y� �� t `� � �•� �.� a: M; � � t �,,.� r � �, +�� ,i t # ��';i � , . ,, "� ` r � '� r�� t .r'' :.k, .;pf � , ', r-�ry,s t li 'r � � i � • ,.i� +t n 1'. �`�r4s f � �' i �, , " , � �� ,�� , r ti(' ' ,', � � ' � ;� �f r, ��: 1i4�/ � ,� . . , * yry i�`� , k� tf / f rt_� i� � �,��i � � ,� � , , � E , - � r' � - � _ � , � Y � , , � � . , '. � 1.A 9 Y r�+ . � 4 � , ' � '� �<: �'. �,t�c. ,&�: ��r � ' . 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CITY OF SAINT PAUL 4 ¢ T ° ��;��„�� ro DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT `�m '�� a' DIVISION OF PLANNING 25 West Fourth Street,Saint Paul,Minnesota 55102 �86� 612-22&3270 GEORGE LATIMER MAYOR i' �� . i September 22, 1988 '''`�1�� RECEIVED �ECEIVED Albert Olson, City Clerk ,1988 Room 386, City Hall �Ep 2 31988 �CT 18 Saint Paul, MN 55102 RE: Zoning File #10373 - John F. Nieszner CI�Y CLERK ��Y CtERK City Council Hearing: September 29, 1988 PURPOSE: To appeal a decision of the Planning Commission which re-established legal nonconforming use status to allow a beauty salon and professional office on property located at 856 Edmund Avenue. PLANNING COI�fISSION DECISION: Approve (12-0) ZONING COMMITTEE DECISION: Approve (6-0) STAFF RECOMMENDATION: Approve SUPPORT: District 7 sent letter in support. OPPOSITION: One person spoke at the hearing, four letters and a petition with 44 signatures received. Dear Sir: On August 4, 1988, the Zoning Committee of the Planning Commission held a public hearing on the nonconforming use permit application of Melvin B. Merriwether. The applicant testified. At the close of the public hearing, the Committee voted 6 to 0 to approve the nonconforming use application based on staff findings. On August 12, 1988, the Planning Commission upheld the Zoning Committee's recommendation on a unanimous vote. The Planning Commission decision is being appealed to the City Council by an adjacent property owner, Mr. John F. Nieszner, 854 Edmund Avenue. This appeal is scheduled before the City Council on September 29, 1988. Please notify me by September 28, 1988, if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, �'�C-� �2-�sL-�. Lisa J. Freese City Planner LJF:rm Attachments ��-��i RECEIVED �B 2 21989 CIZ'Y OF SAIl�1T PAUL CI'rIZIIJ SEI�T.LCE P�Cd2AN! i�9 crr�t � CI'fY C4tRK 298-4747 ID N[A�R: 83027724 CLE I)A�TE: 02-21-88 T0: AL OISON CITX QF�2K 1�I 386 QTY HAI�, IOCATIaN OF OC�+�ZAINI': 856 E[I�71VD AVE Si�'1ARY: OaNiL�'IAINANr �S INWL�7F.D WITH TFIIS H[7IIaING LA.ST FALL. Z� OCJIAJQL DID GIVE NE�nI OG�TER AN OPPOI�ILIN- StJBJ�Cr: VAC BIDG ITY Zn R�B BIDG BUT SUPP06IDLY Tf�2E Tn��.S A D��AD- LINE OF SCi� TIl� WRIl�iGG 'Ii� END OF JA1V[JARY AND HE HAS �41I'I'ED AND W� IS I� �. LAVDF�2 Z� RF�ILTr'I�i ISSUID, WFIIQi HE SIIVT A OOPY OF TD 'I'f� C'I�t QII2K� Z'F� W�RK S'�7(JID HAVE BEE�T FTNISF�D. IT IS NO►r AND HE WAN'I'S PELd�IIT FOR WORK P[7LT�D. 'I4� IidUSE IS BOARI�D, LlIa00QJPI�� ETC. CALL,ED C�I'Y CLARK AND �.S ZI�ID HE F�AD F�O�RDID QOPY OF LE'ITER F�K aCN1P. TO JAN C�F�'TERL�AND OF B[JIIDIl�G C)ODE IIJ- �. CAI�,ID � WI'Iii TfIIS IlJF�TIOAT. tJOPY ZO: �JIIDIlaG Il�LSPEG'�I�T & D�'SIQJ D PREPARED BY: R06F�'l�T I�NTSC�i/RL QTY �OLINCIL WARD 1 ..,�_..___.___. ZONaTG OCI��IlJAl�Fr: JC1IIN NIESZNII2 AD�S: 854 ECNAIND AVE Pl�ONE: 222-1246 RFSPC)ND WI7.3�iIN DAYS OF ABOVE REFORT L1ATE. RE�SPOIJSE BY: DATE: REIlJSPDCTION DA'PE: (If needed) RESPC�TSE: FC)R YCJfJR IlJFOFB�'lATIOTi -- NO RESPONSE RDQiTIl2ED i P' `ti. : , y P I-, ., 1� _ rt'. � / •..+�sv� � .' �� t i - l { .} �� *, z *.t �#'Y'2�,$ `�a� �:; °'f k. ^ :. r` r : f , t�.; ra '. �t,�.' a�V�i i a�'� 1: �. ;, �+ 'M , .. { ) � r 4 �;u y�� o m �R I'y , `�� }�,.� �.a �� r1�, �. ��"k �� a f � f,y� .�y�,t f;�"4 E�.�(� 1 '- �� '� �� x ! a .� , �R 'L, ��'� ; • � � . . �. ,� � � z> } �; �. ��' < , � ' � ` �� k ��j � '� � ` r � ;, 'r{ '.�- y y �; ; "; ' Y .'_ .' r "�,�, x" � 'a�Y � # " _�.r k`� x k� . x a�: � e r � �';` � �� y sw � " .;: � �` f � ak4 7,. r t � v F,� ,_ �� ..� � - � ';ytt a F.Y 2 rt a 'f � �, 1 � � � 1 � \• s''' r�i . � ' �, _; x I � �r+ ��. � a i- � � -� ' _ ,,� '� � �: ��y :' 7 .i��'� ;�.:f ?. ceAl�� '� �ii` � }�n a ��'7 r - .\. � � _ ' �p � rz�.�. 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P l e a s e notif y us at once, call 298-6890 (7:30 a.m. to 4:30 p.m•) as to when premises will be open. Your cooperatio� is nece;sary so that we may provide you with _ _ }� best service possible. WATER UTILITY — CITY OF ST. PAUL � Meter Div. — 289 No. Hamline Ave. , - �� ' � � RECEIVED 1"�� '� ,�. FEB 0 61989 � CITY CLERK j� ; � �� , � _, ,`'`,J _ /�' ,�, � � ,,,r � (� � . -, �' �'�� _� , � �� l � � u /� � ' `� � �` � �� - � � =, � .� ` � ,,.� � � , � �`� � � ,� �, \ �' �ti'v �� 4� �, ��i � �� , � ` � � ,� �� , �. � �� ,� � /��'�' - _ �`` �n` � � �^�` I � ` � � I�, ,, �� . � � wHITE - C�TV CLERK GINK - FINI.NCE GITY OF SAINT PAUL Council {.� Il : ��NARV - D RTMENT File NO• � y / � BI.UE - MAY � -��-� Council Resolution ,, , + . . Presented B ��- '�`j�-°""' yt�- .--' Referre To �� Committee: Date Out of Committee By Date ti.HE�EAS� Melvin B. Merriewether, 719 Biair, Saint Paul, MAi 55I04, made application to the Planning Commission of the City of Saint Paul for permission to re-establish a legal non- conforming status of a structure to allow a beauty salon and real estate office at 85fi Edmunc3, St. Paul, legally descrined as Lot I5. Block 4. Syndicate �30. 2 Addition to the Ci.ty of Saint �aul, Ramsey County, State of idinnesota, pursuant to the pro- visions of Section 62.1t�2 of the Zoni.ng C�de; and WHEREAS, following a public hearing conducted by the Zoning Cor�mittee of the Planning Coma�aission with notice to affected property oamer�, the Planning Commission by its Resolution Nurnber 88-57. adopted August 12, 1988, approved tne ap�lication for change of non-conforming use subject to the conditions that the curb and tter be restored to Victoria Street, and that - the parking area be paved, based on the o 2owing findings made and determined by the said Commissian: 1. The app2icant proposes to estab3ish a 3-chair beauty salon and real estate office on the first floor and two apartments on the 2nd floor of the existing building. �'he beauty salon is a personal service establish:aent � and with conditions is first permitted in an OS-1 zoning district. A real estate office is also first permitted in an OS-1 zoninc� district. 2. The iast use to occupy the lst floor appears to have been �n antique store, and the last occupancy permit issued was for a store and trrro apartments in 19F32. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond r.ong In Favor Goswia Rettman gy �he1�� _ Against Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary By By. Approved by Mayor for Submission to Council Approved by 1Aavor. Date By - By , � � �,. _ �� '-/�'� � / 3. The previous non-conforming use has been discontinued in excess of 365 days, and it is necessary to obtain approval of the Planning Commission in order to re-establish a non-conforming use. The building is designed to be a commercial structure and would require consi'derable structural changes in order to accommodate typical uses permitted in the RT-2 zoning district. 4 . The proposed use is equally appropriate or more appropriate to the district than the previous use. The present combination of uses would be first permitted in an OS-1 district, and the previous non-conforming use is first permitted in a B-1 district. 5 . The proposed use does not appear to impair the health, safety, morals and welfare of the community, and is consistent with the reasona.ble use and enjoyment of the adjacent property because neither of the proposed uses will , as a general rule , generate large amounts of traffic or noise. Whereas , Pursuant to� the provisions of section 64 .205 , John F. Nieszner, 854 Edmund Ave. , St. Paul, Mn. 55104 , duly filed with the City Council his appeal from the decision of the Planning Commission, requesting that a hearing be held to determine whether the Commission had committed any error of fact or procedure; and Whereas , Acting pursuant to the provisions of section 64 . 205 through 64 . 208 , and upon notice to appellant, the applicant, and other affected property owners, a public hearing was duly conducted by the City Council on Thursday, October 6 , 1988, where all interested parties were given an opportunity to be heard; and Whereas, The Council , having heard the statements made, and having considered the application, the report of staff, the minutes and findings of the Planning Commission, does hereby make the following determination: Resolved, That the Council of the City of Saint Paul does hereby find and determine that the Planning Commission did not commit any error of fact or procedure in this matter, and the Council does hereby affirm the decision of the Commission and concur in the findings made and determined by said Commission; and be it Further Resolved, That acting pursuant to the provisions of section 64 . 207 of the Zoning Code, the permission granted to Melvin B. Merriewether to re-establish legal non-conforming uses at the property at 856 Edmund is hereby made expressly subject to the following conditions, which shall be attached to and become a part of the permit: 1 . The curb and gutter be restored on Victoria Street. 2 . The parking area be paved. 3 . Al1 building permits required by law be immediately obtained and remodeling work be commenced immediately and completed within three ( 3) months of the date of the adoption of this resolution, except for any exterior work that may be delayed on account of weather. � . GITY OF .SAINT �AUL -- FlecilNO. �t" ��;r�/ - � Council Resolution Presented By Referred To� Committee: Date Out of Committee By Date I. The curb and gutter be restored on Victoria Street. 2. The parking area be paved. 3. All building permits required by law be i�ncnediately obtained and remodeling work be cocmnenced iramediately arid completed within three (3) months of the date of the adoption of this resolution. FURTHER RESOLVED, that the appeal of John F. Nieszner be and is hereby denied; and, be it FIJRTHER RESOLVED, that the City Clerk shall mail a copy of this resolution to� Melvin B. Merri�wether, John F. Nieszner, the Planning Commission� the Zoning Admi�nistrator and the Planning Division. COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond ��g � ln Favor Goswitz Rettman Scheibel �'� Against BY Sonnen Wilson ;��;Y , � `'''��' Form Approved by City Attorney Adopted by Council: Date Certified P�ssed�by,Council Secretary BY , • Bl. �`��%� ��'t1 --'� � � , �-.� Approved by 18avor. Date �� E�ti� Approved by Mayor Eor Submission to Council By BY -� � �� ( " � � � ♦aY,w�.L;:�.�.� �`h � I� : r„., _ .� �/1 ; � �al j�t�� 4 �J � � � �� . � �� _ � � �q�� c��., i � �9��'�.r�,air` a.� \ _ � �.�`` ' �,��`, ,� '� ."`rf�� V� ► �� ` /^j t ¢� - � � �� ` �� i � t�� .•.., .�� / rti � i g t�� . t �'.� � �� (`�f � I V 1� � �.- �,�� 3 ._ �O �? - v � � � . � � � ` , ,� . � � � � � � � � a � � � � ; � � � � r � � v . o � N �� ,� � �' � �w � S � � �� ► > � s � � � � � � � � � � � � � �. � t �► �� ; � � � T�` Y �� , r� � m . � �° i � W c� � „ � Z. L o�; r I$pl�-�$ � t�- c ^ " ' �t�A I �4PP�;CAT?ON FOR APPEAL R E C E i V E D ZONING OFFICE USE ONLY CITY OF SAINT PAUL AUG 291988 F; te � _ ��'; 37 3 Application Fee S _� � � � ZONING Tentative Hearing Date =;i�-� '�� . App 1 i cat ion i s hereby made for an Appeal to the l. , f y < v u NC : � under the provisions of Chapter 64, Section , Paragraph of the oning Code to appeal a decision made by the Board o�ng Appeals ✓Planning Commission --; on � — /a , 19�: Zoning Administrator (date of decision) Planning Administrator .� �� Othef^ ZvN, r C •: .,.•�►-�. T1e. �-Y ' �� A. APPELLANT �. . !vame / � �S Z. /✓L �, �vhN � Daytime phone �a a - �a�� Address �5 `7� t ��M ui✓� ,-7L� L Zip Code _�`j �I ��`f s �� ° U�� MN s�io� B. OECISION BEING APPEA�ED Zoning file name MC /✓,,✓ s . /��J«2�+�'cf/,�� Zoning File � l0 3.33 Property Address/Location 85� t�� c.+�� A✓e `St• Auu � /'��v SS/�%� Legal description Lot � $ , S /ocX �, �Sy,��: cafe /Vu, ,��i fi�� C. GROUNDS FOR APPEAL (Use additional sheets if necessary. ) (cxplain 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 Commission.) �-� -E. p'�u c �i � c� S/�� E�S �G �.3 s :` you rave any questions, please contact: �.� - t�. � i Applican � ignature St. raul Zcnina Office __C� �ity Hall r.nnex � Q p �., �es� Fourtn �treet (, �a "O� Sa�r� ?a��' � Ml(1(?$Otd 55i02 Date City agent �'..:- _�.t+� �' ' ' „ � J,F c��.� cr-- ��cv�Qs a/82 �� ",- �,,�Q �/ e�u/� � ,.� :v'��. .ri�� ,u� ��y/.�a/�� - ��/�� .�} �; �.�1� � �, � � 5'"'��-'� � ctwi S c.�..�t� 7�" �i� c%�-� c� '�cy t,.�'� � Cj4�� ti'��5 �... i I - - �,'' �V:�f�: : t►1�S ..�tla�:.b►��c,.t� i.tr�tS SH L�..... Re.t �,� �-�j�'I h4K� [�y fL�C a P��►�.;HC. ' ; f �( o•, w�S�. +� S t'� � 't �^ ATTACHMENT c r� `1 "'„S',� ;f' I S i v� 2 c .��,.5 ��1 e.�-I C 3�7 3 I. �rrors in Frocedure A. 1. On July 29, 1988 (a.m.) Richard Amey, Supervisor of Inspection Department City of Saint Paul, made a call to Melvin B. Merriewether and contacted Mr. Merriewether. Mr. Amey questioned Merriewether about the extent of construction performed without a city permit. Mr. Amey reported that Mr. Merriewether was "lying" and (MBM) would change his story to fit the facts/reports that Mr. Amey presented to him, ranging from green tag, red tags and correspondence. 2. Mr. Amey said he would gather further information from Inspector Wally Holstrom on August 1, 1988 and have that and Merriewether's lies presented to the City Zoning Committee by Mr. John Hardwick August 4, 1988. 3. Mr. Hardwick did not show up August 4, 1988. B. On 8/5/88, Richard Amey was called to question John Hardwick's absence at the Zoning Committee meeting 8/4/88. Amey expressed surprise that Hardwick was absent. Amey said if he had known he'd have been there himself. C. Mr. Amey was later advised that a Planning Commission meeting would be held 8/12/88, and could he be there? He said he wouldn't be there but he would have a Ms. Wendy Lane present. D. On 8/12/88 Ms. Lane never appeared, despite R. Amey's written note. E. These (city paid individuals) not being at their assigned duty stations resulted in both the Zoning Committee and the Planning Commission in getting an incomplete, distorted, and misrepresentation of the facts, unfairly and un,justly tilting the outcome of ineetings. F. On 8/12/88 Mr. Amey was advised that Ms. Wendy Lane did not show up as she was directed to do. R. Amey showed surprise. He showed a note that he said directed her to be there. He seemed apologetic; he went to find out where she was and why her absence from the meeting occurred. He reported back that she was on her phone now and couldn't talk with her. Apparently she remained on the phone for the better part of an hour. An opportunity to confront her with the rationale, if any, for her absence from the Important Planning meeting was not then possible. G. Member Mr. Karl Neid solicited testimony from City Inspection. She (W.L. ) was not present to give that or updated/documented facts to K. Neid or L. Freese. H. While waiting in Mr. R. Amey's office to get the story on Wendy Lane's absence, Mr. Amey VOLUNTEERED some remarkable information. Mr. Amey said, and I quote: "Merriewether is a DUPE." To clarify, I inquired if he meant stupid or acting on behalf of _ someone else. R. Amey said Merriewether was doing this on behalf of someone else. I. R. Amey asked also if I had any idea why this MBM "guy" was getting preferential treatment. I told him I didn't. He indicated he had some clues. J. Item H. Seems like a serious charge by a high level city employee to be making. This information was relayed as part one of a two part concern to City Councilman Bill Wilson's office. The discussion took place in the adjacent office to Councilman Wilson's office and also in their Xerox room with Mr. Wilson's staff aide, Mr. Mark Voerding. A request was made to Bill Wilson -- via Mr. Voerding -- to check this and all other irresponsibilities by city paid employees. K. To date no report has given as feedback to these problems creating erroneous decisions by Zoning Committee and Planning Commission. J. Another procedural error that was allowed at the Zoning Committee, was that after Mr. MBM was granted a final rebuttal to those opposed to the permit for nonconforming use Mrs. Rosie Merriewether got up and got new issues directing her comments to Mr. Nieszner. Mr. Nieszner had to opportunity to rebut. Her appearance was OUT OF ORDER. II. Errors in Fact A. At the 8/4/88 Zoning Committee meeting, a zoning member brought to Mr. Merriewether's attention that the building appeared unsecured because of the second story open doorway to the interior of the 856 building. [Children have entered that structure at will for the nearly a year of Mr. Merriewether's ownership. ] Merriewether told the Zoning Committee another in a series of lies and distortions. This holder of a Real Estate License and Broker's License stated to the committee not to worry. He (MBM) would have that boarded up within 24 hours. The Record Shows The truth is that Mr. Merriewether did not board that building as stated within 24 hours. Children still entered this attractive nuisance buildir.g at will (See 8/6/88 Photo) Mr. Merriewether maintained a careless attitude regardir.� �hat property. Glass and rubbish still litter the place. No warning signs were �� ever posted. Mr. Merriewether never put a snow fence or the like to keep kids away from danger. 8/7/88 kids play with matches between buildings at 856 (See Photos) . On 8/4/88 Mr. Merriewether claims he himself was injured on his own property. He offered this as an EXCUSE to the Zoning Committee for neglecting to remove a huge 8' x 10' x 4' or more trash and weed heap. Mr. Merriewether's building has been according to Steve Roy, Tom Friel, and Jim Priel of the City Public Health Department (Vacant Buildings Division) : 1. A building in top ten to be RAZED. 2. A building still under some sort of investigation. 3. A building that has been neglected not secured and in violation numerous times. 4. Fines (fees) in excess of $2000 not paid timely. Attempts were made 7/24/88 to get that record but Vacant Buildings denied it stating the ongoing "investigation." Subpoenaed File and Mr. Rov It is paramount that file be subpoenaed, along with Steve Roy's testimony. It will show: 1. Mr. Merriewether's neglect of 856 Edmund property making it a danger to the Health and Safety of the Nearby Community and Children. 2. A history of "summary abatements" and complaints on the MBM property. *Mr. Merriewether has posed threats to the safety and well being of the neighborhood. He has claimed "ignorance" in his Rip Off of Fees due the City of St. Paul for electrical work, sheet rocking an entire floor for two , apartments and general construction work of an unencased doorway, door, and many windows. All this was done without City Building Permits. He lied to R. Amey and pleads ignorance to Zoning Committee. Mr. Merriewether wants privileges of Nonconforming Use status of 856 Edmund. He cheated to get this and it should be reversed. These are strong words. However being true they are nothing but the truth and absolute defense and can be documented. � III. Errors in Findin�s �� A. Because information was denied by city officials misconduct for not appearing as directed to the: Zoning Committee Meeting of 8/4/88 and Planning Commission Meeting of 8/12/88 The boards were incompletely and erroneously informed. This resulted in an unfair and unjust finding (decision) by these bodies. In addition to that it appears that Ms. Lisa Freese of the City Planning Department deliberately thwarted the request of Planning Commission Member Karl Neid. Mr. Neid asked that I present the facts, documents, and photographs newly available to Ms. Freese. Confirming further the lies and misrepresentations by Mr. Merriewether to her before the hearing 8/12/88. This was done but (sic. ) Ms. Freese never brout�ht the matter to the attention of that Plannin�Commission Body. B. "Parking" findings were ill-evaluated. If 16 total parking spaces are required and only three are designated as off street, this leaves 13 additional cars parked in a very crowded totally residential neighborhood. There is not enough space at 20' per car plus the empty space one must allow for - parking distance to a corner or an alley - entry into the lot. - (small diagram included) this leaves a need for the MBM business (proposed) to park up to 8 or 9 cars in front of neighbors property. There will be added problems by all these cars - Ndse - Traffic There are two day care centers nearby a) - 30' b) - 220' - Congestion It needs to be understood by the decision makers that a petition of neighbors want this neighborhood area to remain Residential Mr. Merriewether should NOT Be Accorded Extra Privileges for his misconduct in opposition to a 44 person petition opposed. (On side of paper: ) �Tot a good use of property if other than residential. MBM offends the Health and Safety of Community. i � �} ! F i - city of saint paul planning commission resolution file number _.g�� ite ��.ku�c lz. 1�; .. � n��EAS , ":el��in B.*ierrit•.:�ti;er, file �10333, has applied for a Change of Nonconforming Use under the provisions of Sections 62.�02(c)(5) and 62.103(d) of the Saint Paul Legislative Code, for the purpose of re-establishing legal nonconforming status of a structure to allow a beauty salon and real estate office on property located at 856 Edmund, legally described as Lot 15, Block 4, Syndicate No. 2 Addition; and k'1-?EREAS , the Zoning Committee of the Planning Commission on August 4, 1988 , held a public hearing at which all persons present 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 1�'HEREAS, Saint Paul Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantially reflected in the minutes, made the following findings of fact: 1. The applicant proposes to establish a three chair beauty salon and real estate office on the first floor and two apartments on the second floor of the existin€ building. The proposed hours of operation for the besuty salon are from 10:30 a.m. to 7:00 p.m. Monday through Friday and from 9:00 a.m. to 5:30 p.m. on Saturday. The real estate business owned by the applicant has two employees and will operate during normal business hours. 2 . The beauty salon is a personal service establishment and with conditions first permitted in a OS-1 zoning district. A real estate office is also first permitted in a OS-1 district. 3 . The last use to occupy the first floor of this structure appears to have been an antique store. The last occupancy permit issued was for a store and two apartments in 1982. �+. Since the last legal nonconforming use was discontinued for more than 3b5 days, the property no longer has legal nonconforming status. To re-establish nonconforming status, the Planning Commission must make the following findings: (continued) . moved by �oRTo. seconded by ��I� in favor_ = - against__-___ File #10333 Page Two (a) The structure cannot reasonably or economically be used for a conforming purpose. / �YLdn�-hP�i yrrr� The building is designed to be a commercial structure and would require considerable structural changes in order to accommodate typical uses permitted in the RT-2 zoning district. (b) The proposed use is equaZl_y appropriate or more appropriate Co the district than the previous use. The present combination of uses would be first permitted in the OS-1 district. The last legal nonconforming use, the antique store, is a retail use and would be first permitted in the B-1 district. Either proposed use, since they are first permitted in a more restrictive district, appears to be more appropriate than the antique store. (c) The proposed use is consistent with the health, saiety, morals and general welfare of the community. - The proposed use at this location does not appear to impair the health, safety, morals and welfare of the community. (d) The proposed use is consistent with the reasonable use and enjoyznent of the adjacent property. ° A beauty shop and office with a combined total of four employees would not appear to be inconsistent with the reasonable enjoyment of adjacent property. Neither proposed use, as a rule, generates large amounts of traffic and noise. (continued) File #10333 Page Three 5. The parking requirement for the proposed combination of uses (beauty salon, office and apartments) would be 16 spaces. The parking requirement for the previous uses would have been approximately 13 spaces, but no parking was provided. According to Zoning Code Section 62.102(d) , since the difference between the requirement for the old and new use is less than five spaces, no additional parking is required. The applicant, however, plans to put a three- space parking area in the rear yard. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Planning Commission, that under the authority of the City's Legislative Code, the application for a Change of Nonconforming Use to re-establish legal nonconforming status of a structure to alloz a beauty salon and real estate office at 856 Edmund is hereby approved subject to the conditions that the curb and gutter be restored on Victoria Street and the parking area be paved. KINUTES OF THE ZONING COl�IIlITTEE CITY COUNCIL CHAMBERS� SAINT PAUL, MINNESOTA ON AUGUST 4, 1988 PRESENT: Mmes. Hirte, Morton, Tracy; Messrs. Christenson, Levy, Neid and Repke of the Zoning Committee; Mr. Garvey� Assistant City Attorney; Ms. Freese, Ms. Murray and Mr. Soderholm of the Planning Division staff. �,BSENT Ms. Zieman. The meeting was chaired by Gladys I�iorton, Chairman. Melvin B. Merriewethet (st10333) : A Change of Nonconforming Use for property located at 856 Edmund to re-establish legal nonconforming status of a structure to allow a besuty salon and real estate office. The applicant was present; there was opposition present st the hearing. Ms. Freese showed slides of the site and reviewed the staff report with a recommendation for approval. She mentioned that in 1983 the Planning Commission approved a change of nonconforming use for this building to allow a five-chair beauty shop and store on the first floor and two apartments on the second floor but insofar as is known, the use was never established. Ms. Freese stated that an added condition to the current staff report would be that the parking area be paved with asphalt. She referred to a letter dated August 1, 1988 from Doug Strand, President of District 7 Planning Council, addressing the history of problems with this property, stating their interest in having the building become a viable property and their decision to recommend approval of the change in nonconforming use. Ms. Tracy asked if the roof of the applicant's building which protrudes� toward the neighbor's home to the east is legal and whether or not it would have to be removed. Ms. Freese said that with regard to setback it is considered nonconforming, that she checked with both the Building Division and Public Health Division regarding its status and found that although there are some minor deficiencies that need to be addressed and brought up to code, the building is considered structurally sound. Mr. Christenson asked about parking, curb and gutter requirements. Ms. Hirte inquired about the status of the property if the change of nonconforming use would be denied. Ms. Freese responded that it would have to become a conforming RT-1 use. Melvin B. Merriewether, 719 Blair Avenue, said that he is the owner of the property, has lived in the area for three or four years, has been active in the community and that he intends to care for the property in a responsible manner. File #10333 �' Page Two Hr. Repke asked when the building was purchased and the conditions of ownership. Mr. Merriewether replied that he purchased the building on August 17, 1987, on a contract for deed. He said that a� the completion of the project, he wants to refinance. Mr. Neid inquired about any internal rehabilitation which Mr. Merriewether may have already accomplished. The applicant responded that he initiated some work which was halted when he received a red-tag. Ms. Hirte asked if the applicant is aware of the city's vacant building ordinances, i.e. being boarded and secured. Mr. Merriewether replied yes. Ms. Hirte stated that she observed the building on the afternoon of August 4 and there was a second floor doorway access that was not secured. Mr. Merriewether said that he was aware of that and that officials who have inspected the site did not consider that to be a problem. He offered to correct that situation. John Nieszner, 854 Edmund Avenue, spoke in opposition and presented a petition signed by 44 neighbors. He gave a brief history of the site and asked that several documents be read into the record (these are on file in the Zoning office) and distributed pictures of the outside of the building. Mr. Nieszner said that he went to the Building Inspection Division and the Vacant Buildings Division trying to procure records on the property and was advised that the records were not available because of litigation which prevents disclosure of the records. He cited instances of occurrences in the vacant building, stated that there has been construction in the building without benefit of a permit and also described the overgrowth of the grounds. Mr. Nieszner said that the applicant's building overhangs his house; he proposed that the building be razed (he said it was number 10 on the list of vacant buildings) , and also asked that no nonconforming use be allowed. He read a letter from Martin Rygg, president of Secure Properties, Inc. � requesting that the property revert to a conforming use. Mr. Neid asked how long Mr. Nieszner has resided in his home. Mr. Nieszner replied that he rented it in 1976 and purchased the building in 1977. Mr. Levy questioned the use of the building in 1977. Mr. Nieszner answered that it housed one family, and the part-time antique store which was open a few hours each day. Mr. Levy asked if the building was an eyesore at that time. Mr. Nieszner stated that he helped the neighbors at that time, but through the years the property deteriorated. Rosie Merriewether, 719 Blair, stated that she met with District Council 7 on several occasions and said that her husband has spent much time on the upkeep of the grounds and the securing of the building. !�r. Repke asked if it was known at the time of purchase that the building was on the list of properties to be razed. Ms. ;�erriewether responded that it was '_n May that they were so advised. � 1 File *10333 - Page Three Hr. Neid questioned if the Merriewethers renovated the the property during the eight to nine months after purchase. Ms. Merriewether replied the previous owner used the building for storage of old refrigerators and miscellaneous rubbish, that her husband tried to remove as much debris as possible during the winter and that during the spring he planned to start clean-up of the yard. Hearing no further testimony, Ms. Morton closed the public portion of the meeting. Melvin Merriewether said that he is employed by Northwest Airlines as an engineer during daytime hours, and addressed Mr. Nieszner's concerns regarding "overhang" of the building, permits, exterior/interior renovation and maintenance of the property. He said that when a title search was done on this property, nothing vas found regarding the building being razed or that there was a vacant building fee for the boarding-up of the building. Mr. Levy stated that there seems to be concern regarding the safety issue relating to the overhang of the building and asked if that could be remedied structurally. Mr. Merriewether said that he has not done any research in that regard. Mr. Neid asked if financing was in place to pay off the contract for deed. Mr. Merriewether replied that he has contacted three lending institutions which have shown interest in the financing and will complete arrangements as soon as the pro3ect is finished. Mr. Merriewether also stated that regarding District 7 meetings, his understanding is that Dawn Goldschmitz, Community Organizer, had contacted Mr. Nieszner and explained relevant information regarding the property, but that he opted not to attend the council meetings. Mr. Repke made a motion to recommend approval of the Change of Nonconforming Use Permit based on staff report findings subject to the condition listed in the staff report and the additional condition that the parking area be paved with asphalt. Ms. Hirte seconded the motion which passed on a roll call vote of 6-0. Submitted by: Approved by: � ' � I � " ;� �L_ ��"✓ �� Lisa Freese � i Gladys orton, Chairman ZONING COMMITTEE STAFF REPORT FILE #10333 1. APPLIGANT: Melvin B. Merriewether DATE OF HEARING: 8/4/88 2. CLASSIFICATION: Change of Nonconforming Use 3. LOCATION: 856 Edmund (Southeast corner at Victoria) 4. PLANNING DISTRICT: 7 5. LEGAL DESCRIPTION: Lot 15, Block 4, Syndicate No. 2 Addition 6. PRESENT ZONING: RT-1 ZONING CODE REFERENCE: 62. 102(c) (S) ; 62.103(d) 7. STAFF INVESTIGATION AND REPORT: DATE: 7/29/88 BY: Lisa J. Freese A. PURPOSE: To re-establish legal nonconforming status of a structure to allow a beauty salon and real estate office. B. PARCEL SIZE: The parcel has 32.74' of frontage on Edmund and 124.5' of frontage on Victoria for a total lot area of 4,076 square feet. C. EXISTING LAND USE: A vacant mixed commercial-residential structure. D. SURROUNDING LAND USE: North, East, South and West: One and two family residential E. ZONING CODE CITATION: When a nonconforming use of a structure, or structure and land in combination is discontinued or ceases to exist for 365 days, the structure, or structure and land in combination, shall thereafter be used in conformance with the regulations of the district in which it is located, unless the Planning Commission, pursuant to a public hearing, finds that the structure, or structure and land in combination, cannot reasonably or economically be used for a conforming purpose, that the proposed use is equally appropriate or more appropriate to the district than the previous nonconforming use, and that the proposed use is consistent with the health, safety, morals, and general welfare of the community and is consistent with the reasonable use and enjoyment of adjacent property. Where a nonconforming use of a structure, land or structure and land in combination is hereafter changed to a more restrictive classification, it shall not thereafter be changed by the Planning Commission to a less restrictive classification under this clause. i. ZONING HISTORY: In 1983, a change of nonconforning use was approved for a beauty salon on the first floor and two apartments on the second floor. This use, however, was never established. :. �"ItiDINGS: _ . :�:e applicant proposes to establish a three cnair beauty salon and real es�a�e o�fice on the first floor and two apartments on the second floor of the eaistir.g �uilding. The proposed hours of operation for the beauty salon are from 10:30 �.m. to 7:00 p.m. Monday through Friday and fro� Q:00 a.m. to 5: 30 p.m. on Saturday. The real estate business owned by tne applicant has two emplo�*ees ar.d «ill operate during normal business hours. 2 . ihe beauty salon is a personal service estabiisn.-nent and with conditions �__�� permitted in a OS-1 zoning district. A rea? estate office is also first �ermitted in a OS-1 district. � . '�he last use to occupy the first floor of this structure appears to have bee�: �� ar.tique store. The last occupancy permit issued was for a store and two a�artments in 1982. 4. Since the last legal nonconforming use was discontinued for more than 365 da,:s, the property no longer has legal nonconforming sta�us. To re-establish nonconforming status , the Planning Commission 5ust make the following findir�s : File �10333 Page Two (a) The structure cannot reasonably or economically be used for a conforming purpose. The building is designed to be a commercial structure and would require considerable structural changes in order to accommodate typical uses permitted in the RT-2 zoning district. (b) The proposed use is equally appropriate or more appropriate to the district than the previous use. The present combination of uses would be first permitted in the OS-1 district. The last legal nonconforming use, the antique store, is a retail use and would be first permitted in the B-1 district. Either proposed use, since they are first permitted in a more restrictive district, appears to be more appropriate than the antique store. (c) The proposed use is consistent with the health, safety, morals and general welfare of the community. The proposed use at this location does not appear to impair the health, safety, morals and welfare of the community. (d) The proposed use is consistent with the reasonable use and enjoyment of the adjacent property. A beauty shop and office with a combined total of four employees would not appear to be inconsistent with the reasonable enjoyment of ad�acent property. Neither proposed use, as a rule, generates large amounts of traffic and noise. 5. The parking requirement for the proposed combination of uses (beauty salon, office and apartments) would be 16 spaces. The parking requirement for the previous uses would have been approximately 13 spaces, but no parking was provided. According to Zoning Code Section 62.102(d) , since the difference between the requirement for the old and new use is less than five spaces, no additional parking is required. The applicant, however, plans to put a three-space parking area in the rear yard. H. STAFF RECOMMENDATION: Based on staff findings 1 through 5, staff recommends approval of the Change of Nonconforming Use subject to the following condition: 1. The curb and sidewalk be restored on Victoria Street. CONTRAC['F'OR DEED �0�1D NO. �S M�nn�«+u l'mferm Con...�n�n[BI�nMs U97R� wMw►�oW�G. fnd�v�du�N��b�ant Tm�eu No delin entl��Edtel0�it91�idEf en red; t Certi caf�l0ft&�tdF�pit�R�lu � ( filed ( )not required ; , 19 . ; I u � t � � • r��► - ° ��+b: �.�r � � � , � ' � Bv - -- � Deputy � I � � (reserved tor recording data) - MORTGAGE REGISTRY TAX DUE HEREON: $ (reserved for mortgage registry tax payment datal /� , , � ,� Date: �r.�•L� , 19� THIS CONTRACT FOR DEED is made on the above date by 1 �� 'N SUNl�,4�_ ��nl�L� � (marital status) ' Seller (whether one or more), and �`-!-!f%� �� T�� ,�� .JS�'� L, N1��/f w�T��Q • /��^�v , Purchasers, as joint tenants. Seller and Purchasers agree to the following terms: 1. PROP�R ,TY DESCRIPZ'ION. Seller hereby sells, and Purchasers hereby buy, real property in lUt�[5� U County, Minnesota, described as follows: �...oT �s, 8c.o�� 4 , 5 y�J o,c�-� �a Z . C£RT. OF RfAI ES TE YALUE 8Y together with al] hereditaments and appunenances belonging thereto (the Property;. 2. TITLE. Seller wanants that title to the Property is, on the date of this contract, subject or.l�• to the following exceptions: (a) Covenants, conditions, restrictions, declarations and easements of record, if any; (b) Reservations of minerals or mineral rights by the State of Minnesota, if any; (c) Building, zoning and subdivision laws and regulations; (d) The lien of real estate taxes and installments of special assessments which are pati•able by Purchasers pursuant to paragraph 6 of this contract; and �e► The following liens or encumbrances: 3. DELIVERY OF DEED AND EVIDE:v'CE OF TITLE. L pon Purchasers'prompt and full performance of this contract, Seller shall: (a) .Execute, acknowledge and deliver to Purchasers a M�� w��Deed, in recordable form, conveying marketable title to the Property to Purchasers, subje onl.• to the following exceptiona: (i) Those ezceptions referred to in paragraph 2la), (b), Ic) and (d) of this contract; (ii) I.ieaa, encumbrances, adverse claima or other matters which Purchasere have created, suffend or permitted to accreie after the date of thie contract; and ...., .. ••� .._. _ _...,. � ; and (b) Deliver to Purchaser the abstract of title to the Property or,if the title is registei•ed, the owner's duplicate certificate of title. 4. PURCHASE PRICE. Purchaser shall pay to Seller, at ST. �,4u.(.� M �1 the sum of � QO e 29.�a,ce ) , as and for the urchase price for the Property, payable as follows: #(c� DOO•oo �A�S�{ 7`�{E �QF�,� iPT T/`fE�OF �,tJ•�'P� iS �E�i✓v'*�'�,�DG�Ei � � SE;�%''�c,j �!7 �3�SD o.,o o �,c�rT�F .=r/Tl2 E s T" '�E F�� D� f�T °70 �i2 f��t/u-/st �,,4�1 A�G� .zn/s7-�-GG M�nfTS o,� -¢/Z• v 3 0�2 �� G.inl n1.' - l`� �� B Z8� �9 8 8 •4�(v T� LAsT-D o�- /uf c�fr,y/ Tf�€,P� A-�7'�� un�Ti L �/L/ 30 /9 94- �� %/`�� ,E�dTiie,E J � ��Gf� 7�/i�� F /�•�id�a'PA�L ,9n D �,�fTj2,es r s�'u ,BE �uE ,�/6 p��G,� ,,v ��r GG , A!� o�e P o� �f�� P,e,`,�lc;PAL BA-LA.rt/�E � ,8E P e�rio�tr T/`�t� (�V��T/� o u..T ��. � � ��/� T �/V l/ � . ,� �t�.,��s s ,B€ �,e�d r�� ,s � ra �-�/�r�D � '� h� P�A�G,�� r �u �.�1T�s� �Jp Tff� �i�1�4s�clOF� 7'0 y�s �� P�,e��s;•�� T,�s !�� ,e� ;x� /t}/(� ��S'-/,S r� �0�t1�i`TlQN� �IT/�E�St S/�LL N�a�iN� - ,, lc�B �� /9�8� f+ccu�2.,y� ul5(TiG 5. PREPAYMENT.Unless otherwise provided in this contract,Purchasers shall have the right to fully or partially prepay this contract at any time without penalty. Any partial prepayment shail be applied first to payment of amounta then due under this contract,including unpaid accrued interest,and the balance shall be applied to the principal installments to be paid in the inverse order of their maturity. Partial prepayment shall not postpone the due date of the installments to be paid pursuant to this contract or change the amount of such installments. 6. RL�`AL ESTATE TAXES AND ASSESSMENTS.Purchasers shall pay,before penalty acerues,all real estate taxes and installments of special assesaments assessed against the Property which are due and payable in the year 19—and in all subsequent years. Real estate taxes and installments of special assessments which are due and payable in the year in which this contract is dated shall be paid as follows: Seller vw arrants that the real estate taxes and installments of special assessments which were dueanc payable in the years preceding the year in which this contract is dated are paid in full. �. PROPERTY INSURANCE. �a) INSURED RISKS AND AMOUNT. Purchasers shall keep all buildings, improvements and fixtures now or later located on or a part of the Property insured against loas by fire,extended coverage perils, vanda�m, malicioua mischief nd, if a plicable, eteam boiler explosion for at least the amount of �/.w s ..-�,YF � ,.e e�-----� If any of the buildings,improve�ents or fixtures are located in a federally designated flood prone area,and if flood inaurance is available for that area,Purchasers shall procure and maintain flood insurance in amounta reasonably satisfactory to Seller. �b i OTHER TERMS.The insurance policy ahall contain a loss payable clause in favor of Seller which provides that Seller's right to recover under the insurance shall not be impaired by any acts or omiasions of Purchasera or Seller, and that Seller shall otherwise be afforded all rights and privileges customarily provided a mortgagee under the so-called standard mortgage clause. �c� NOTICE OF DAMAGE. In the event of damage to the Property by fire or other casualtr. Purchasers shall promptly give notice of such damage to Seller and the insurance company. �. DAMAGE TO THE PROPERTY. ia) APPL.ICATION OF INSURANCE PROCEEDS. If the Property is damaged by fire or other casualty, the inaurance pmceeds paid oa account of auch damage ehall be applied to payme�nt of the amounts payable by Pnrchasere nnder thia contract,even if euch amounts are not then due to be paid, unlesa Purchaaers make a permitted election desczibed in the next paragtaph. Such amounte shall be firet applied to aapaid aocrned interest and nezt to the inatallmeats to be paid as provided in this contrad ia tt�in�se otdar v�their mahuitp.Snch PaYinent shall nat podpone the due date of the in�tallmaa�s t�b�p�id�snant to this contract or change tLe amotin!�sach inatallmenb. The balancs at ia��eao�os�a+oeNds, if any. �hall be the P�P�Y of PtuCha�ers. �� . (b) PURCHASERS'ELECTION TO REBUILD. If Purchasera are not in default under this contract. " or aRer curing any auch default, and if the mortgagees in any prior mortgages and sellers in an�� prior contracta for deed do not reqnire otherwise,Purchasers may elect to have that portion of such _ insurance proceeds necessary to repair.replace or restore the damaged Property(the repair work� ' depoaited in escrow with a bank or title insurance company qualified to do business in the State o� Minneaota, or auch other party ae may be mutually agreeable to Seller and Purchasers. The election may only be made by written notice to Seller within sixty days after the damage occurs. Also,the election will only be permitted if the plans and specifications and contracts for the repair work are approved by Seller, which approval Seller shall not unreasonably withhold or delay. If such a permitted election is made by Purchasers,Seller and Purchasers shall jointly deposit,w•hen paid,such insurance proceeds into such escrow. If such insurance proceeds are insufficient for the repair work, Purchasers shall, before the commencement of the repair work, deposit into such escrow sufficient additional money to insure the full payment for the repair work. Even if the insurance proceeda are unavailable or are insuffficient to pay the cost of the repair worl:. Purchasera shall at all times be responsible to pay the full cost of the repair work. All escrowed fund.s shall be disbursed by the escrowee in accordance with generally accepted sound construction disbursement procedures. The costs incurred or to be incuned on account of suc�. eacrow shall be deposited by Purchasers into such escrow before the commencement of the repair work.Purchasers ehall complete the repair work as soon as reasonably possible and in a good and workmanlike manner,and in any event the repair work shall be completed by Purchasers within one year after the damage occurs.If,following the completion of and payment for the repair wori:. there remain any undisbursed escrow funds, such funds shall be applied to payment of the ainounts payable by Purchasers under this contract in accordance with paragraph 8 (a) abo�•e. 9. INJURY OR DAMAGE OCCURRING ON THE PROPERTY. (a) LIABILITY. Seller shall be free from liability and claims for damages by reason of injuries occurring on or after the date of this contract to any person or persons or property while on or about the Property. Purchasers shall defend and indemnify Seller from all liability, Ioss, costs and obligations,including reasonable attorneys'fees,on account of or arising out of any such injuries. However, Purchasers shall have no liability or obligation to Seller for such injuries which are caused by the negligence or intentional wrongful acts or omissions of Seller. (b) LIABILITY INSURANCE. Purchasers shall, at their own expense, procure and maintain liability insurance against claims for bodily injury, death and property damage occurring on or about the Pmperty in amounts reasonably satisfactory to Seller and naming Seller as an additional insured. � 10. INSUR,ANCE,GENERALLY.The insurance which Purchasers are required to procure and maintain pursuant to paragraphs 7 and 9 of this contract shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and acceptable to Seller. The insurance shall be maintained by Purchasers at all times while any amount remains unpaid under this contract. The insurance policies shall provide for not less than ten days written notice to Seller before cancellation. non-renewal, termination or change in coverage, and Purchasers shall deliver to Seller a duplicate original or certificate of such insurance policy or policies.. 11.CONDEMNATION.If all or any part of the Property is taken in condemnation proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat of condemnation,the mone�- paid pursuant to such condemnation or conveyance in lieu thereof shall be applied to payment of the amounts payable by Purchasers under this contract,even if such amounts are not then due to be paid. Such amounts shall be applied fust to unpaid accrued interest and next Lo the installments to be paic as provided in this contract in the inverse order of their maturity.Such payment shall not postpone the due date of the installments to be paid pursuant to this contract or change the amount of such installments. The balance, if any, shall be the property of Purchasers. 12. WASTE, REPAIR AND LIENS. Purchasers shall not remove or demolish any buildings, im- provements or fixtures now or later located on or a part of the Property,nor shall Purchasers commit or allow waste of the Property. Purchasers shall maintain the Property in good condition and repair. Purchasers shall not create or permit to accrue liens or adverse claims against the Property w�hicn constitute a lien or claim against Seller's interest in the Property. Purchasers shall pay to Seller aI; amounts, costs and expenses, including reasonable attorneys' fees,incurred by Seller to remove an�- such liens or adverse claims. 13. DEED AND MORTGAGE REGISTRY TAXES.Seller shall,upon Purchasers'full performance of this contract, pay the deed tax due upon the recording or filing of the deed to be delivered by Seller to Purchasera.The mortgage regietry tax due upon the recording or filing of this contract shall be paid b�• the party who recorde or files this contract;however,this provision shall not impair the right of Selle* to collect from Purchasers the amount of such tax actually paid by Seller as provided in the applicable Iaw governing default and service of notice of termination of this contract. i-�. :�OTICE OF ASSIGNME:v'f.If either Seller or Purchasers assign their interest in the Propert�•.a cop_. of such assignment ahall promptly be furnished to the non-assigning party. 1�. PROTECTION UF INTERESTS. If Purchasers fail to pay any sum of money required under the terr:-:� of this contract or fail to perform any of their obligations as set forth in this contract, Seller ma�•, a: Seller's option,pay the same or cause the same to be performed,or both, and the amounts so paid b�� Seller and the cost of such performance shall be payable at once, with interest at the rate stated i:: paragraph 4 of this contract, as an additional amount due Seller under this contract. If there now exist8,or if Seller hereafter creates,suffers or permits to accrue,any mortgage,contract fc- deed,lien or encumbrance against the Property which is not herein expressly assumed by Purchasers. and provided Purchasers are not in default under this contract,Seller shall timely pay all amounts di:r thereon,and if Seller faila to do so,Purchasers may,at their option,pay any such delinquent amount� and deduct the amounts paid from the installment(s) next coming due under this contract. 16. DEFAULT.The time of performance by Purchasers of the terms of this contract is an essential part c: this contract.Should Purchasers fail to timely perform any di the terms of this contract,Sellerma��,a� Seller's option, elect to declare this contract cancelled and terminated by notice to Purchasers in accordance with applicable Iaw.All right,title and intereat acquired under this contract by Purchaser� shall then cease and terminate,and all improvements made upon the Property and all payments made by Purchasere pursusnt to thie contract shall belong to Seller as liquidated damages for breach of thi� contract. Neither the ezteneion of the time for payment of any sum of money to be paid hereunder noz any waiver bq Seller o�$elkr'a rights W declare this contract forfeited by reason of any breach shall in any manner affeci 8ellat�'s right tA cancel this contract because of defaults subseq uen tly occurrin g,a nd no extension of time shsII be valid unless agreed to in writing. After aervice of notice of default and failnn to cure anc•h definit within the period allowed by 1aw, Purchasers shall, upon demand, aurrende�r po�on o�f the Property to Seller, but Purchasers ahall be entitled to posaesaion of thr Ptoperty mstil the� of�nch period. 17.$II�ING SFFBCT.'ilte�ms otthia contract shall run with the land and bind the parties hereto and their snaceaors ia iate�� 19. .aSSESSMENT:� BY OWNERS' ASSOCIATION. If the Property ia subjc�ct to a recorded declarati��r� - . providinR for assessments tn be levied aRainst the Propert,y by any �w�nera' asr:ociati�►n. ��•hich assessments may become a tien aaainst the Property if not paid, then: �a) Purchasers shall promptl�•pay, when due, all assessments imposed by the owners' associatiun �►r - other governinR body as required by the provisions of the declaration or other related document�: and Ib) So lonq as the oK•ners'association maintains a master or blanket policy of insurance a�ainst fire, extended coverage perils and such other hazards and in such amounts as are required by this contract, then: (i) Purchasers' obli�ation in this rontract to r.�aintain hazard insurance coveraKe� nn th�� Propertv is c;�tisfied: and (ii) The pro�isions in paragraph r? of this �nntract re�arding applicatiun uf insurancc prc�ce-•ci= shall be superceded b�• the provisi��ns �+f the declaration ur other rclated document�; �nd (iii) In the event of a distribution of insur;ince proceeds in lieu of res;nration or rep�ir follo�rinK..�; insured casualty los� to the Yroperty. an� s�ch pr�ceeds payable to Purchaspr5 are hereb�- assigned and shall be paid to Seller for appli�•ation to the si:m secured hv thi4 contr:�ct, w�it1: the excess, if any, paid to Purchasers. 2[�. AnDITIONAL TERMS: SELLER(S) PURCHASERS GGr,c^ fl r�iJ .uv vi�J 6./y �svE7.�1�FaQ . , RoS�E L, N1 State of Minnesota � �J County of /9/�'1 S L°}� ` The foregoing instrument was acknowledged before me this��day of S 19� by �r,�.t.a�,l �cUdDsf€ , �:�/ _ , , \OTARIAL STAMP OR SEAL iOR OTHER 7TTLE OR RANK� w�..-...._��__�_,,,�,�.�..� ` - ... -'- - �.� .�_�--_--«.�..�; `��._�_ ,-._r__�.,` .� iis7 y � SiGIrATURE OF N ARY PUBUC OR OTHER OFFICIAL State of Minnesota I tr. County of f�An� se� ti The foregoing instrument was acknowledged befor me this �day of � , 19� ��• B ,• �OTARIAL STAMP OR SEAL;OR OTHE-.;TLE OR RAtiX I C��`! . 1 < "�'�� - I SIGNATURE OF NOTARY PL'BLTC OR E OFFfC1AL � `; ' -- � _ __ .- i 1 � ` �-.,�,s_ , : _ ,� ::{ ; Tax Statements ta the real property descnbed in tlHS Yestrumerrt sAoWd be sem to � . `' _ . _. , � •----- � - --- - � - �—-----_.._,' � i 'H:�!tiSTRI:ME\'['WAS DRAF.*ED BY�\ANE A\I)ADDRES�; � i I 1 . � � 1 FAILURE TO RECORD OR FILE THI3 CONTRACT FOR DEED MAY (3IVE OZHF.It PABTIES PRIORITY OVEB PURCHASERS' INTERE3I' IN THE PROP�. - -----�-------� - - - - --- - __..._ __ _ . . 1 � � � � � � � ZQ � �� t� � � � � � � t�.�- o u�. i � � G�. o � � � a�` �D . . �� SO NE THOUGHT Y(l�' � � ! D LIKE TO KN�MI O.jn^ PLA!�S FQR 856 EDMU(�, ; ��a� �� Rehzb To Incl�de: ; i. Repair Stucco �� 2. Paint Er,kerior c i � G S'�C 3. Repair �ront Steps ; C � ' � 4. Picture kindaws on '{st floor � i � i V {'�� 5. New F�t2�t93 far and repair of � �� rear patio an� porch � � 6. Landscaping ' 7. Interior Rehab �o Cna� �r�.c�n -�-b s�,c�.t.e., � 1) Office space do�rnstairs ' 2) TNO rental units upstairs � � . t . W N 0 A R E W E ? � We're Ben and Rosie Merriwether. We live in Frogtown and have t+ro sons, � � Ben Jr. (2 years) and Christopher (6 months). � � Mte're hard working people, we have a good business, snd would 1 ' � ike to do a � little better. We own rental property in the Trvin Cities and have an excellent history of maintaining those properties and having good tenants. The real estate office will be run by us so we Nill be in the neighborhood, � and at the property, on a regular basis. � Therefore, if you have questio�s or concerns, please call Ben at 298-0831. Also, if you see a�ything suspicious going on at the property, please call I � ; ; APPLICATION FOR NONCONFORMIN6 USE PERMIT CITY OF SAINT PAUL ZONING OFFICE USE ONLY Zoning File � �� 3 Application Fee $ Z �s �-l- Tentative Hearin9 Date Number of Lots or Si2e of Parcel: A legal nonconforming use of structure/land is one which lawfully existed on October 25, 1915, the effective date of the adoption of the Saint Paul Zoning Code. Application is hereby made for a Nonconforming Use Permit under provisions of Chapter 62, Section 102, Subdivision 5, Paragraph of the Zoning Code. __________________________________________________________________________________________ A. APPLICANT � � f�� — ''��G�,� l Name �c �� -r t � ��.�� r-�� Phone (Daytime) fi, i, Address / r'� Dr�t'.'/'� Zip �S�OQ R � � Property interest of Applicant (Owner, contract purchaser, etc.) �?�iwt_.� Name of owner (if different) __________________________________________________________________________________________ 6. PROPERTY DESCRIPTION '\ Address/Location � �� U/Y� _�-c�.!� Legal Description: Lot �� Block �_ Add. SVNp��-T�C a��Z �z____ Present Zoning � ( -- �_ Lot Size � __________________________________________________________________________________________ C. USE INFORMATION Previous Use (Attach supporting documentation) ��-'C.�"� C `�-'��_ � f' ��j ' ;/ '' � C. 2 � � �� r � C r Pro osed Use or Change (Attach Site Plan) _�; r �' ,. ; -> > /I " 2 t�- "(,�:,..=-�'� (_ .�. ��''� ; ,� t�,-r..c.�t,�� t�l c,�'S �L� ,�k,� �-Lev� � �'�".e ��5 i A�% � � L�''�•1'sr"� � �.�.� n � .` yo,. ha.e any q�esti�ns, please conLact: J UN !�'1988�,} Saint Paul Zoning Office, 1100 City Hall Annex [�) 4102 25 West Fourth Street, Saint Paul , Minnesota 55102 (298-4154) ZO NING v 2/85 - , r N A a ..,...,, . � e• r t � � ( � � r � � � , i � 10 � . _� . ~ 2 , � _, . , 12 • � ,' ' 6 - * 5 � � � - ' , � ' . �...s ., i r s .r,.. .. ■ • � � _ ' �e M e M� M � , � +� , �f�I� �-.. ;' 11 ' ; ° , � , „ , . � �„a. ' s � ...._.. « .• � ...�,.. i .. . 3 �J i E •• T • ' � � ► � � � �..,.. � � . s a , � . : r . , � � e ;� � -- -« � E : ..�. .. 8 : �e ..' \ s • s � ■,♦ � _ w M M � �Y�' M � s /-� �'� �� • � , � � i � ` � � � w f � i � r cr r ��s v �.•f ♦ " I! i i e � i ♦ V • � ■4 ��Ae� M � �.. . YOO f' � � • �� p 1 � � •• � s � � .� � � � � � � � � R � � � � � E � � � j ..�,� �..t � �i� � ..i � i F � � � �PL '.w 1 i a 0 � , � j , 1� � + � _ ' , � � .o--.. w l . � � � � � ` ` � . < � '' � ��•�� 1.� M �' � \. � ' • 1s ! �y� �y CITIZEN PAR7ICJPA7ION PLANNIN6 DISTRICTS 1.SUiVRAY-BATTLECREEK-HIGHi�00D • 2.GREA7ER EAST SIDE � 3.WEST �IDE . 4.DAY70N'S BLUFF S.PAYNE-PHALEN __ 7.T - tE ��ii��g�ii3 �"��,� I0333 � . RSI7Y � 9.�iEST SEYENtH 1 D.C0�'j0 11.HAMLJNE-MIDWAY i2.ST. 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F .� .�� C- I;`� �\ :\ ,v � �� j '' . � � `�` '�'; � `� N � � � c � J � —� *�. ^v `J J � I� � � � � � � \ � 0 . v \ � I ' ' � � ,� 1 �v � � �c � � �� ' v � � . a � � � � � � � � � � c � � G: � �� .�� `�`� � � � V` � � � � ��e \ . `v� ^� � � y '$ -i � �',' � � �` � � � N � � �l � � � � � � � � � � � � � o� . ,. � � � � ,� � � � � � � � � � �� ;� � r � � � , � � �� , � ` `;��, � � , Y p� .� ; ,� ' � � � , � � � �- t � .�,, � � � , � , � .� � �' � � � �,, � � , � .� � , � f � � � � a ° �� :� ��' �3-� � � � � _ � �� o � i�- �. ` � � T`� a :� � � � a `� 1 � �� o, 1 � � .� °� ;�' �� . �� .J � �°� � c� �� - � . �� -� �--� � � ._ . , � w � , , . � � � - � J � � . . � � � � _ 3 . �y�, 1 ? -� ' � !� c. � ` ` ' �! � � � � � � 3 � � � ` � '� � �� 1 : , � ,\ , � ; --�, � � �a � � � � � � Zoning Committee RE: Zoning file �i10333 25 W Fourth St. Merriwether St. Paul, Mn 55102 7-26-88 To Whom it May Concern: We have lived at 855 Edmund since 1979, and for the last 7 years the building at 856 Edmund has been in the same shape it is today, an eye sore. It has been just recently since the absentee landlord appeared on the scene. If the owner is such an upstanding citizen, why did he do most of the inside work on the building without a building permit. Also why was most of the work done on weekends and • nights, when the building inspector could not get inside the building to inspect the work? We also don't feel the area should be rezoned for commercial/residential. There is no ample parking for a business and a rental units at that site, there is no off street parking, we want to be able to park in .front of our home when we ge[ off of work. There is so much rundown rental property in the neighborhood already. How much of an increase in taxes would there be if it was rezoned, since in 1990 the homestead credit will be phased out? We feel, since he has done nothing for the last 7 years, the building should stay on the list for vacant buildings to be demolished. ' �l�v� • (�/ /L��lp ��''3'_`'�_ //�,�� _ � ZOt��tG FI�E • - fo:/ �, '�. . . " - � Uf•F1C� UN 'I'lIL' hfAYOk •�uu�uni �, " ��i1j1111�; .. � C i ..° ��,��... Js7 CITY HALL • "`''' tiAINT PAUL, MINNEiSUTA SSIO: c;k-.UH�;r lA7'1Mtk 1612) :9H-47'.l MAYUR ' March 30, 1988 Mr. Duuglas 5trand PreSi�ient, Uist.rict 7, F�lanning Counci 1 Incnc-Fx,r�txcj 379 Universily Avenue S.►int Paul, �1i�J►c:�,t:,,, ;;103 Lk>,ir Mr. Strdnc3: '1'tarilc you for your lettcr of cuncern regarding 856 Ec�und Avenue. I �,�nt�cte.d the Vae:ant Builciiny Section of the Divi�iun uf F'ut,lic Hc:alt}► to find out if there dre ;�ny �,]aris for dedling with this� building. I wds irit��rnied ttL3t fs5b I�;c�nu��3 Avenue is on t},e Division of Public Health's list • of ten top pri�rity t,uildings. You may be aware there are currently twc, proyyrart� being developed to address vacant buildinys in Saint Paul. The one described in the article you included with yuur lettxr to me is administerc�d by t}�e pep�rtm�nt of Planning and Economic DeveloFment. Tttiat program is designed to address 5ir,yle family residences and allows the City to ac.yuire th�n for re�ir and/or dgnolition. When the City uses thi5 proyram to acquire the E�ro�rty we can Sell the huu�� and/or land to ar�yun� wta h�s an interest in buying it. The second progr�ur, to addres5 vacent twildinqs i5 ��ninistc:reci t�y �li� D1VL;ilUf1 of Public Health. Thl� pruyr�un .�llc�w5 tlte �'�LY �� ctu.,lly te.dr dcx,rn all tyF,es of t,uildings (re�ident�i�l, �c�R,�rcial �nc.3 lrx3ustria! 1 , t�ut iL �3c�s ►x�t al law t he City tu uwn the propE;rty; t lu.r�for�, the prc.��i-ty cc�ntinues to be c,wned !�y the pro�:rty awn�i-. The ��sts fc,r d�ml iti�n uf the structures ar� dssesse�i again5l the redl ��state taxes and ,�r� to be p,,id t,y the proEr_rty own��r. ��}ie City Couricil l►,,s nc�t, yet fund�� th�� Di� isic�n �f Put�l t� He:�]th j�r��ra^�, but ex�ects to �.lv su 1 n A�,1-11 . AS so�n as furu3s tx�cume avail�lc, the Division of Public H�ealth will lx..��in the prc�c_ess t� y�t ��,rov�l to dc��olish their to� ten priority E>uildiny5. 'i'he �rc��5s reyuires folluwiny an ext�nsive lc,�c�l �r�x:c.<iure ta <�nsur� tt�t the E�rc,�x-rty c�wru�r i� aclvi5t�3 of all 1�1 riyht5 Cu which th�y ,�re r_nti�l�. 7'he UlL'ision of t�ut,lic tiealt}i ar�ticl��tes they will be dt,le to tear dc,wn scn� of t}-►�ir toE� L�n priority buildinys in Sept�r�r and (�ctr�l�er lyg8. Z�NING FI�.E � � .�.... f ' . 1� . LA/U��.lJ .II 1.�1�•1 ` You should be aware that if the Division of Public Health does tear dawn 85�i F.c3rnund avenue, th� City will not own the property. The owner will still own the land but there will be an assess�nent against the property taxes fur the cost of the d�nolition. Because the City will not own the lar�d we cannot sell it to the adjacent property owr�er. I hope this letter answers your concerns. If you have dddition,,l qutstions please call Steven Roy, Divisicm of Public Health, 29�-7717, Very truly yours, � � r : Ia�imer [rliyo GL:jm C: Steve Roy Zo�vinr� Fr�E � , Uutrict 7 pianning Cuunc�t.. Inc. - � 3'y l;nivrrsit� A.rnue W St. P�ul,M�:;10� .y��J68 t•tarch 4, 19a£3 Tl�e Il�,nor�t,l�: C�.or�3e L:it imer 3rc1 f�l�or City li,,ll 15 Vr�:,t Kellogy Blv�i. . �u�r�t f':�ul , Minnc�utd 5'� IU1 D��r t�f;��r L�t.�mer: 11�u f hrnn<��-D��le;Uisi c i�•L 7 ('lar�ning ('uunci 1 would 1 ike l� draw yuur uttr•ntiun to :, ��r�,t�l��n� ��ru��rrty wh�ch h.,�, �l�c�uecJ our nei�I�L��nc�� fur ne.arly � �IF�c�d�. �he ��rnr�crty i� a v;�cant c�mmercial str„cture at t3`�G Ec]mund �y.vt•nu�. �-ur officc h�s receivecf a continual stream of cc,mE�laints on the {�r�perty over the y��rs, Complaints r�nr�e from tall weeds �nd tr�sh to u�� of tt�� :,tructur�� t�y E�ro- �titute�. Itlthough the propert.y I�as b��:,, on th�• V�,car�t Juild�r��a:, 1i�t :,in�c� 7_�?_E;�� n��ir�ht�oriioo� rc��;idr�nt� h�vc kr;own uf� its vacanc}:'c�t,�nciunn��nt f�or �+t lc�;,;;t sev�n yc�rs. Jim ('rill , c�f tti�� ',�cc3r�f 13uilclinc�t; [ii� isir�n, r��E�urt ; tl�;,t hi:; �1,��;,rm�•i�t h��:; securea t t�,r ��ru��rr� y s��verr�l t ;n�e:; r�,ic�ti ��r ��ne�� 19fi4. A�dlt ic,r��l ly , i�� :,ttit��c1 that this i��ul�iinc� i:. �.�n ilir�ir li:.t of "3� a�ur:�t" vacr�nt h�� ',dinc��, �r: th��c rit } . ih�� proN�:rtr ,��vi��r :,��t��n:> lu be ,� "sl �(��r.ry cf�cirt�ctr�i•�� tfcct �v��ly �t311ir�y all {�;,st acquisitior� ��i,�+ d�•rr��1 ision at.leniE�l� �y thc city. �nrlu�Jeif witii thi� rccjue:;t is a lc�tter w�r r��uv��i (ron� Mr•, John '�iezn�•► . An adjdcLnt I>r�:��rt y nwner. 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'� �- l � � � � � � / j �'/ /, - � . ✓ �-_�/%%'�°_,'i � '/� � %�� f/C� `—` '"��"�" - - � _�1�^� �'� � ' �� ! ,�, / 7 .. _ ZONING F1LE �� 3 ,��;,,. V ,�;,��. ,;�f. _,1-� ��" yi C�.�__ —�i,. ��t.�=- .'"-'ti,_ - _ - � - . . I - Thomas • Dale ' " District 7 Planning Council, inc. ` 379 University A��:-.::� St.Paul.MN�_:::: �98_;,,;t �ugust 1 , 1988 h�MORANDUM Lisa Freese St. Paul Zoning Office 110� Cit� yall Annex 25 West rourth Street St. Paul, hiN 55102 'E: Zoni„g r ile 10333 ( t°lerriewether) 856 Edmund at its July 28 meeting, the Board of the Thomas-Dale District 7 Planning Council discussed the application for a change in NCU for 856 Edmund. In March of this year, the Council addressed the history of problems wiLh this property in a letter to Mayor Latimer, At that time the Ccuncil requestec� the demolition c` the 5uilding. �t the en� of June we received a copy of Mr. Merrietivether's appli- ca;.ion f�r a change in NCU, which was followed by a call fron Pdr. hterriewether. This matter was discussed at length at the Physical Committee meeting on July 19; Mr. and Mrs. Merrie�rether were pre- sent and answered questions which arose. The following facts were brought up as a part of our discussions: 1 ) idr. Merriewether is a new owner. 2) He and his family live in District 7. 3) He has initiated cleanup of the property. 4) He has presented a plan for the rehabilitation o` the property. , 5) He initiated contact with the Physical Committee, the Board, and the neighbors. 6) He intends to occupy, at very least, the Real Estate office himself. 7i City Staff has advised District 7 Staff that the ��ilding is structurally sound. Under these circumstances, we are interested in seeing this building become a via�le property. The decision of the Board is to reccmmend approval of the change in the legal Non Conforming use of a portion ef the str�cture from a grocery store to a beau�y salon and office. Do�e Strand, President ��j _.. . 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