87-1696 WHI7E - CJ=TV CyyRK COURCll �/f p
PINK - FINANCE G I TY OF SA NT PA LT L x ( �
CANARY - �GEPARTMENT F�Ie NO. (' ��� ��"
BLGE -MAVOR
uncil olution
" �Presented By -
Referred To Committee: Date
Out of Committee By Date
WHEREAS , Mike Long applied o the Board of Zoning Appeals
for a variance from the strict application of the provisions
of Sections 63.106 , 63. 114, and Section 33.07(2) of the Saint
Paul Legislative Code pertaining o the construction of a deck,
fence and hot tub in a required front yard in the R-4 Zoning
District for property located at 875 South Howell Street, Saint
Paul , Minnesota (legally describe as Lot 16 , Block 3, Highwood
Addition) ; and
WHEREAS , following a public earing with notice to affected
property owners , the Board of Zo ing Appeals by its Resolution
No. 10196 adopted September 8 , 1987 , granted a variance to
allow the deck to extend 14 ft. into the required front yard
(20 ft. from the north side of th house) with a fence no higher
than 3. 5 ft. as measured from t e surface of the deck subject
to a hedge being planted on th west side of the deck, and
denied the variance request wh ch would have allowed a hot
tub in the front yard and the projecting nose of the deck;
and
WHEREAS , pursuant to the rovisions of Section 64.205 ,
Mike Long duly filed with the ity Clerk his appeal from the
de�ermination made by the Board of Zoning Appeals requesting
that a hearing be held before th City Council for the purpose
of considering overturning the ecision made by the Board of
Zoning Appeals so as to permit him to install and maintain
a hot tub/spa within the requir d front yard of his property
as a variance to the provisions f the Saint Paul Zoning Code;
and
WHEREAS , acting pursuant to Sections 64. 205 through 64. 208 ,
and upon notice to appellant and other affected property owners ,
a public hearing was duly cond cted by the City Council on
October 22, 1987 where all 'nterested parties were given
COUNCILMEN Requested by Department of:
Yeas Nays
[n Favor
Against BY
Form Approve� by City Att ey
Adopted by Council: Date � �
�
Certified Passed by Council Secretary BY
� i
gS, r.6 � �
A►pprov Mavor: Date _ _�_ Approve�by Mayor for Submission to Council
By BY
�
WHITE — CITY CLERK
PINK — QNJAN(v�E.c GITY OF SA NT PAUL Council �7 ����
CAWARV — DEPARTMENT �
BLUE — MAVOR . FIIe �NO.
�
Council R solution
Presented By
Referred To Committee: Date
Out of Committee By Date
an opportunity to be heard; and
WHEREAS , the Council havin heard the statements made
and having considered the vari nce application, the report
of staff, the minutes and findings of the Board of Zoning Appeals ,
does hereby
RESOLVE , that the Council o the City of Saint Paul does
hereby affirm the decision of t e Board of Zoning Appeals in
this matter and does hereby con ur in the findings made and
determined by said Board; and, be it
FURTHER RESOLVED, that the appeal of Mike Long be and
is hereby denied; and, be it
FURTHER RESOLVED, that the ity Clerk shall mail a copy
of this resolution to Mike Lo g, the Zoning Administrator,
the Planning Commission and the Bo rd of Zoning Appeals.
2. ,
COUNCILMEN
Yeas �- Nays Requested by Department of:
Ni.cosia �
Rettman [n Favor
Scheibel� By
Sonnen Against
wilson �OV � <+ �$�
Form Appro e by City Attorney
Adopted by Council: Date
Gertified P s b Council Se tar BY
gy.
A►pprove b Mavor. Date Appcove Mayor for Submission to Council
gy BY
PUi81.ISt4E� �E� �� 1987
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C.�/.`C.� ` l31��� DE PA RTMENT . ~ N� _ O g�O1.
� CONTACT (�—��r���
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PHONE : . : � _ _
- ,, - � �
DATE �. ��
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ASSIGN N,UhBER FOR ROUTING ORDER Cl i A11 Lo tions for S�. nature : � �
Q�partment Director Director of Management/fM�yor
Finance and Management SerYices Director � , � City G1erk
Budget Director . : � � ,
City At�orney
WHAT WI LL B ACHIEVED BY TAKING ACTION ON '�HE �1TTAG Ep M1�TERIAlS? (Purpose! - . �
Rationale� :
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COST BENEFI BUD�ETARY AND PERSONNEL IMPACTS ANTIC PAT D: 4
G� . . �
FINAN�ING SQURCE AND BUDGET ACTIVITY NI�BER CHARGED OR CREDITED: (Mayor's signa- �
� ture not reT s.. , .
Total Amount of 'Transaction: quir� .:if u�der ' -
� $10,000) .
Fund.ing Source: � -:,
Activity Number: : ,
I�TTACHMENTS (List and Number Atl Attachments) : �
} .
_ .
DEPARTMENT REVIEW CITY ATTQRMEY REVIE�I
Yes No aouncil Resolution Required? �� Ii�solution R�qui�? � �Yes No
� Yes �No Insurance Required? Insurance Sufficie�ht?, �Y�es No
� Yes �No Insurance Attached: °
�
(S�E �REVERSE SIDE FOR INST UCTIONS)
Revised 12/84 -
. � ��•t, o. , . � , �� �,��"7�/(��lo
~` • ' � CITY OF SAINT PAUL
, ; � : � , .
, ��iu , DEPARTMENT O PLANNING AND ECON�MIC DEVELOPMENT
+. �� �� �° DIVISION OF PLANNING
,••• 25 Wed FouAh Slreet,Saint Pwl,Minnesoh SS102
, . 612-228-3270
GEORGE LATIMER "
MAYOR -�
�
�
. ���
�
October 14, 1987 �- ,
Albert Olson, City Clerk
Room 386 City HaZl � ��>
Saint Paul, Minnesota 55102 �
RE: Zoning File # 10213 - Mike Long
' Cit Council Hearin • Thu sda Oct er 22 1987
PURPOSE: To consider an appeal of a deci ion by the Board of Zoning Appeals
to deny a variance to permit a spa/hot tu in a required front yard.
BOARD OF ZONING APPEALS DECISION: Deny ( -0) , September 8, 1987
STAFF RECOMMENDATION: Deny
SUP�RT: Two letters and a petition signe by 30 people
OPP SITION: Two letters and 1 person tes ified
�
Dear 'Sir:
�
. On September 9, 1987 the Board of Zoning peals held a public hearing on a
request by Mike Long for a variance to pe it a hot tub and a deck with an 8'
high fe ce around it in a required front rd. Mr. Long based his appeal on
the fac� that he has a corner lot and this is the only yard space he has.
At the time of the hearing the deck was 1 gely completed. Mr. Long testified
that he had been given approval for his pr ject by the Building Inspection and
Design Division who told him that a buildi g permit would not be required.
The Building Division told Planning staff that the plan they had reviewed was
different from what was now shown: the de they reviewed was lower and did
not include the hot tub, the fence and an xtension of the deck.
Staff explained that under the Zoning Code a deck with a low fence could
pro�ect 16' out from the house if it did t have a hot tub.
At the close of the hearing, the BZA vote 6 to 0 to deny the hot tub but to
allow a 20' wide deck with a low fence.
Mr. Long appealed that part of the decisi that prohibited a hot tub. The
appeal is scheduled to be heard by the Ci Council on October 22, 1987.
Please contact me by October 21 if any Co cil member would like slides
presented at the public hearing.
Sincerely,
;`;-y�y
Tom Beach
Zoning Section
__ J
If you have any questions, please contact: �
Ap ican s signature
St. Paul Zoning Office
1100 City Hall Annex
25 West Fourth Street � �`�2 '�� E'
Saint Paul, Minnesota 55102 Date City agent
(298-4154) 9/82
�
' ` . � �, , � . �,,�"�7 i� ��
September 22, 198?
Tom Beach, Zoning Office
Department of Planning and Economic velopment
25 Weet Fourth St. �
st. Paui, ��x 55io2
Mike Long
875 south xoxell st.
�t. Paul, r2r1 551.16
Re: File #10213 �
Mr. Beaeh,
Pleaae includa the attached propose� lot/deek layout and requeet
Zor minor variance for a epa in "req red front yard" to my
application for appeal to the City o St. Paul that I submitted
to your ofPi�e today.
I xould liYe to include the followin under the "C. arounds For .
Appeal" seation of the appl3cation;
Early 1n Auguat I aubmitted a detail d diagra�nt ,including a lot
layout and aite plan 2'or a deak in t e north end ot �y property
to Ed LocYe, plan examiner for the � ty�s Building Inepeation and
Design Divieion. Mr• LocYe �rote on the diagram; MLandsaaping.
No eetback required; No permit requi d of unatteched to dKelling. "
And he signed hie name.
With this , I began work on the pro�e t on Auguat lb. With the
conetruation 95 percent eomplete, th city tagged �ob on August 18.
f or violation of zoning codes. that d ctate pro�ection of a deck,
height of obscuring fenae and inclua on of a spa in "required
front yards. "
The first step in resolving the issu was a spe�ial meeting with
the Dietrict 15 Community Council on Saptember 4. The council
recommended ( to the Board of Zoning ppeale) that I remove a
12� a 32' pro�ection from the north nd o� the deak, lower the
obscuring f'enoe t'rom 6� to 3.5 ' and ade no'reaomraendation ae
t o the epa.
On September 8, the Board of Zoning peals made the following
reeolution: "1. ) The Provisiona of S ation 63. 106 and 3�.07. 2 be
hereby waived to allow a deok extend ng 14' into a required front
y ard (20 � from the north side of the house) with a fenae no higher
than 3.5 � ae measured irom the surfa e of the deck sub�ect to a
hedge being planted on the west side of the deck; and 2. ) The var-
iance to allow a hot tub in the fron yard and the pro�ecting
'noae � of the deck be denied on prop rty located at 8?5 South
Howell Street. . . "
. . C,�- ���i�y�
Page 2� , .
File # 10213
In conclue2on, I would agree to rem ve the 12 ' x 12 � pro�ectlon
from the north end of the deck an8 ower the obscuring tence to
3.5 ' from the surface of the deek. However, I reepectfully request
coneideration tor the allo�rance o� he apa within the remaining
portion ot' the dec,l�. (See attached iagrame. )
.- S incerely,
ichael C. Long
� � '
cc: John MoNulty .
.,
3
� � �. � . � � � � .� � ������
� CITY OF SAINT PAUL
' BOARD OF ZONING APPEALS ESOLUTION ,
. ZONING FILE NUMBER: 10196
_ DATE: september s, T9s7
WHEREAS, Mike Long has applied for a v riancc from the strict application of the.
provisions of Seetion 63.106, 62.114, 33.07.2 of the Saint Paul Legislative Code pertaining to
construction of a deck, fence and hot tub i a required front yard in the R•4 zoning
district; and
WHEREAS, the Saint Paul Board of Zonin Appeals conducted a public hearing on
. September 8, 1987, pursuant to said appeal n accordance with the requirements of Section
62.204 of the Legislative Code; and �
WHEREAS, the Saint Paul Board of Zonin Appeals based upon evidence presented at the
public hearing, as substantially reflectcd i the minutes, made the following findings of
. fact:
� 1. The applicant has constructed a deck to the north of his house. Thc deck is completed
� except for some final work oa the feace around it. The dcck is in the required front
� yard for the property.
7he deck was constructed without a per it. The applicant talked to Ed Locke of the
Huilding Inspection and Design Divisio in early August before starting work oa the
deck. At that timc his plan showed a 3 ' a 20' deck which did not include the hot tub br
the fence. The applicant says that he e plaincd to Mr. Locke that the deck would be
between 6" and l8" above the ground a that Mr. Locke said that would be permitted.
Mr. Locke says that he told the appliea t that thc deck would not require a building
permit and could bc built in the front y rd only if it was not higher than 6" above the
ground. �
2. Lee Williamson of the Building Inspecti n and Design Division inspected the deck after
• receiving a call about it. He ordered w rk on the deck stopped until the zoning issues
could be resolved.
3. The deck that has been built is 30' wid (measured east to west). It extends 20' narth
from the house plus a 12' projection fo a spa/hot tub so that it is 8' from the
front/Beechwood property line. The d ck sits between 6" and 2' above the ground.
There is a solid, 8' high wood fence ar nd the deck. (The fence measures 6' from the
surface of the deck plus the distance f m the ground to the deck surface.)
4. The deck is visible from the front yard of the houses to the west. It is also visible to
the homes across the street to the north and east but is partially screened from these
homes by a large shade tree in the appl cants yard.
5. The standard height for a railing for a deck is 3.5'. This is 2.5' shorter than the current
fence. A fence of this height would be approximately S' high as measured from the
. ground at its tallest point.
. 6. The applicant could build the followin under the Zoning Code:
a. A dcck could be built that extends Ib' north from the house. (The Zoning Code
': permits an unenclosed porch to be uilt 10' into a required front yard. The
applicant's house is 6' back from th rcquired front yard. Taken.together this would
permit a 16' deck.) A variance for ence height would be required if a railing highcr
� than 3.5' above the ground was used around the deck.
; b. If a deck is less than 6" high, the B ilding D�partment treats it as landscaping. As
. such it coutd be built in a rcquired ront yard and would not be subject to setback .
requirements.
. ?. There is no usable yard space on the p operty except the front yard because of the size
� of the lot and the location and size of he house.
NOW, THEREFORE, BE IT RESOLVED, by he Saint Paul Board of Zoning Appeals that:
_ : : 1.) T.he provisions of:Section 63J06 and 33.0 .2 be hereby waived to a11ow a deck extending � -
!4' into a required front yard (20' from the orth side of the house) with a fence no higher
than 3.5' as measured from the surface of th deck subject to a hedge being planted on the
west side of the deck; and 2.) The variance t altow a hot tub in the front yard and the �
projecting "nose" of the dcck be denied on pr perty located at 87S South Howeil Street and
� legally described as Lot 16, Block 3, Highwo d Addition; in accordance with the
� apptication for variance and the site pian on fiic with the Saint Paui Planning Division.
. " 1
� , � . � .� ,� . � � �-�,������
MINUTES OF THE MEETING OF THE B ARD OF ZONING APPEALS IN
CITY COUNCIL CHAMBERS, ST. PAUL, M NNESOTA� SEPTEMBER 8, 1987
R S Mme. Maddox; Messrs. Grais, Kir , Osborn, Woods� Osborn and .
Zimniewi�z of the Board of Zoni g Appeals; Mr. Segal� Assistant
City Attorney; Ms. Lane of the ivision of Building Inspection and
Design; Mr. Beach� Ms. Synstega rd and Mr. Soderholm of the
Planning Division Staff.
ABSENT: Messr. Horak.
The meeting was chaired by Sam Grais� Chai an.
MIKE LONG (#10196� : Variance to consider ariances to legalize a deck� fence
and spa located in a required front yard.
The applicant was present. There was opp sition present at the hesring.
Mr. Beach showed slides of the site and r viewed the staff report with a
recommendation that:
1. The variance for locating a spa in a quired front yard be denied.
2. The variance for projection of a deck into a required front yard be denied.
(Without the variance applicant will ave to remove the "nose" from the front
of the deck and 4' of the main portio of the deck. However� he can still have
a deck that extends 16' from the fron of the house without the variance.)
3. A variance be granted to allow a fenc around the deck no higher than 3.5' as
measured from the surface of the deck subject to the applicant planting a
screening hedge on the west side of t e deck.
T�o letters were received in support, one petition in support, and two letters in
opposition.
Mr. Osborn asked if Mr. Long had a back ard� Mr. Beach replied no. Mr. Beach
further stated that the neighbor is conc rned of the boardwalk. The Building
Department considers the boardwalk a sid walk so it can go up to the property line
and it is not high enough to require a h nd rail.
Mr. Beach stated that District 15 met an recommended that the nose of the deck be
removed, the fence height be 3.5' � no sh bs� deck be stained, and they had no
recommendation on the hot tub.
• Mr. Beach stated that he checked on the ignatures on the petition and most of them
do not live on Beachwood.
Mr. Zimniewicz asked how Mr. Long obtain d his signatures.
Mike Long� 875 S. Howell St. , presented is site plan to the Board. He stated he
acted in good faith. He obtained his si atures by going up and down the block
asking people if they would sign.
� , ' • , �A f�/���
��
File #10196
Page Two ,
John McNully� 310 Cedar� Attorney for Mr. I.ong, stated that the site plan was shown
to Mr. Locke. Mr. Locke wrote on their iginal site plan that no permit is
required. The plan shown to Mr. Locke di not show the hot tub or the fence. Three
people are opposed to the plan. The pro rty is without a back yard so the only
�" place Mr. Long could build is on his side yard. Mr. Long purchased the home after
it was built. There is no yard on Howell Street to consider it a front yard. Mr.
Long has spent $8,000 and the total cost ill be over $10,000.
Mr. Kirk asked Mr. Long how long he has 1 ved in the home� Mr. Long replied April of
1984. Mr. Kirk asked Mr. Long if he pla to stay there� Mr. Long replied yes and
that he has made other improvements to t home.
Vernon Turnquist� 1915 Beachwood� asked i the hot tub is permitted where would it
drain. Mr. Long told him he would drain t in the street. Mr. Zimniewicz stated
that would be allowed.
Mr. Osborn asked Mr. Turnquist if that w his only concern. Mr. Turnquist replied
no, the deck is a monstrosity and an eye ore to the neighborhood.
Harold Turnquist, 1915 Beachwood� stated hat the Zoning Code clearly outlaws this
deck. It is out of character with the ne ghborhood and the structure would destroy
the looks of the aeighborhood.
Mr. Osborn asked Mr. Beach ta go over wh District 15 and staff agrees on. Mr.
Beach replied they are in agreement with he type of fence around the deck and the
nose of the deck being removed. The Dist ict Council recommended that the deck be
ellowed to remain at 20' . The District uncil took no stand on the hot tub.
Mr. Osborn asked if Mr. I.ocke reviewed t site plan. Mr. Beach replied yes, but
Mr. Locke thought the deck would be 6" hi h and no fence.
Mr. Maddox asked Mr. Beach if the hot tub could be left there. Mr. Beach replied
yes� but the fence could only be 3.5" hi .
Ms. Maddox moved to approve the variance ased on findings 2 and 3� and allowing the
hot tub according to the Zoning Code re ations. There was no second.
Mr. Soderholm asked Mr. Beach if Mr. Lon had a hot tub if he would need a variance,
Mr. Beach replied yes. Mx. Soderholm st ted that according to District 15's
recommendations Mr. Long would need 3 va iances, according to staff's
recommendations Mr. Long would need 2 va iances.
Ms. I.ane stated that a variance is requi d for a hot tub.
Mr. Osborn stated that in the Zoning Code a hot tub is clearly not allowed.
_ �
' �, ' � ' ' . ����P��
File #10196 ' .
Page Three �
Mr. Osborn moved to approve a variance and resolution so the deck can extend 20'
north of the house and have a fence 3.5' h'gh as measured from the deck sub�ect to a
hedge being planted on the west side of th deck and deny the variance for the hot
tub based on staff findings and analysis. r. Zimniewicz seconded the motiono which
passed on a roll call vote of 6 to 0.
Submitted by: Approved by:
���.:�`/,� . � /
Tom Beach Sam Grais
� .
. �� � � � � . ��i���
BOARD OF ZONING APPEALS STAFF REPORT
� FILE # 10196
1: APPLICANT: Mike Long DATE OF HEARING: 9/8/87
2. CLASSIFICATION: Minor Variance
3. IACATION: 875 South Howell Street (Southwe t corner at Beechwood)
4. LEGAL DESCRIPTION: Lot 16, Block 3, Highwoo Addition
5. PLANNING DISTRICT: 15
6. PRESENT ZONING: R-4 ZONING CODE REFEREN : 63.106 62.114 33.07.2
7. STAFF INVESTIGATION AND REPORT: DATE: 9/2 87 BY: Tom Beach
A. PURPOSE: To consider variances to legalize deck, fence and spa located in a
required front yard. �
1. Deck in a required front yard. (Deck p ojects 26' into the required front
yard, 10' permitted)
2. Height of obscuring fence in a required ront yard. (8' proposed, 3.5'
permitted)
3. Spa in a required front yard.
B. ZONING CODE REFERENCES:
Section 63.106 states "An open, unenclosed, and uncovered porch or paved terrace -
on the ground may pro,ject into a front or r ar yard for a distance not exceeding ,
ten feet, but this shall not be interpreted to include or permit fixed
canopies.,"
Section 62.114 limits where a spa or hot tu can be located to rear yards and
non-required sideyards. (It also says that a hot tub be completely enclosed by
an obscuring fence not less than 4' in heig t. Gates for the fence must be
self-closing and self-latching or the hot t b must have a cover which is locked
when the hot tub is not in use.)
Section 33.07.2 limits the height of fences in a required front yard to 3.5' .
C. SITE AND AREA CONDITIONS: Lot area is 5,04 square feet ( 40' x 126') .
The property is a corner lot. For zoning p rposes the front yard is the yard
north of the house at the corner of Beechw od and Howell even though the main �
entrance to the house is on Howell. (The y rd facing Howell is only 12' deep
and therefore not deep enough to qualify as a required front yard.) All the
houses on the block to the west have their ront yards facing Beechwood and the
applicant's yard facing Beechwood correspon s to the front yard for the rest of
the houses on the block.
The applicant has constructed a deck in the front yard. The front yard also
contains a large shade tree in the northeas corner and a chain link fence built '
- around the yard along the property line.- Th front yard slopes up slightly from
Beechwood to the house� with a grade change of approximately 2' .
There is no useable yard space except this rea north of the house. �
The required front yard setback from Beechw od is 34' (based on the average
frontyard setback for the block) . The appl cant's house sits 40' from the
Beechwood property line or 6' more than th required setback.
Surrounding land use is single-family homes
D. FINDINGS•
1. The applicant has constructed a deck to he north of his house. The deck is
completed excep� for some final work on he fence around it. The deck is in
�
d • . .
� . � �-�/- /�y�
the required front yard for the proper
The deck was constructed without a pe it. The applicant talked to Ed Locke
of the Building Inspection and Design ivision in early August before
starting work on the deck. At that ti e his plan showed a 30' x 20' deck
- which did not include the hot tub or t e fence. The applicant says that he •-
explained to Mr. Locke that the deck w uld be between 6" and 18" above the
ground and that Mr. Locke said that wo ld be permitted. Mr. Locke says that
he told the applicant that the deck wo ld not require a building permit and
could be built in the front yard only f it was not higher than 6" above the
ground.
. ._ 2. Lee Willaimson of the Building Inspect on and Design Division inspected the
deck after receiving a call about it. He ordered work on the deck stopped
until the zoning issues could be resol ed.
3. The deck that has been built is 30' wi e (measured east to west) . It
extends 20' north from the house plus 12' projection for a spa/hot tub so
that it is 8' from the front/Beechwood property line. The deck sits between
6" and 2' above the ground. There is solid, 8' high wood fence around the
deck. (The fence measures 6' from the surface of the deck plus the distance
from the ground to the deck surface.)
4. The deck is visible from the front yar s of the houses to the west. It is
also visible to the homes across the s reet to the north and east but is
partially screened from these homes by a large shade tree in the applicants
yard.
5. The standard height for a railing for deck is 3.5' . This is 2.5' shorter
than the current fence. A fence of th s height would be appoximately 5'
high as measured from the ground at it tallest point.
6. The applicant could build the followin under the Zoning Code:
a. A deck could be built that extends 16' north from the house. (The Zoning
Code permits an unenclosed porch o be built 10' into a required front
� yard. The applicant's house is 6' back from the required front yard.
Taken together this would permit a 16' deck.) A variance for fence
height would be required if a raii ng higher than 3.5' above the ground
was used around the deck.
b. If a deck is less than 6" high, th Building Department treats it as
, landscaping. As such it could be uilt in a required front yard and
! would not be subject to setback re uirements.
a
� 7. There is no useable yard space on the roperty except the front yard because
of the size of the lot and the locatio and size of the house.
E. STAFF ANALYSIS: Staff recognizes that th applicant's property does not have a
backyard and that the only useable yard s ace available for a deck is in the
front yard. However, the applicant could still build a large deck (30' x 16')
, under the provisions of the Zoning Code.
Staff believes that the deck and the fenc that he has constructed are so large
and in such a visible location that they ill change the character of that block
by interupting the continuity o£ the fron yards.
F. STAFF RECOMMENDATION: Based on findings through 6 and staff'analysis, staff
recommends:
1. The variance for locating a spa in a r quired front yard be denied.
2. The variance for projection of a deck nto a required front yard be denied.
, (Without the variance applicant will h ve to remove the "nose" from the
front of the deck and 4' of the main p rtion of the deck. However� he can
� still have a deck that extends 16' fro the front of the house without the
variance.)
' 3. A variance be grantea to allow a fence around the deck no highter than 3.5'
� as measured from the surface of the de k� subject to the applicant planting
a screening hedge on the west side of he deck.
1
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. ._ ' _ . ` P,>.�.
- 1 r w � �,: .,,,: .;. A VARIANCE OF ZQNING CODE HAPTER�,SECTION �/-� `PARAGRAPH _
. �
• •'"+� iS REQUESTED IN��ORMI Wt1fH-fNE'POWERS�ST�'D 1NTHE B�A�OF ZONING AP—
, -_ .. - ..� PEALSTOPERMITTHE •�� �� � I�{
_ � ON PROPERTY
_ - ' DESCRIBED BELOW. � �� �N V)�{� � '
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- A.' Appiicant; NAME: {itJ
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�"'� "'� �"`�� p' � `'�'�'� . ' DAYTIMETELE HONEN � ZIPCODE�_�_
� � ' '� ! , ,: 1. Property interest of appli nt: owner, ontroct purchaser,etc.)
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F '� _ .{,�i.,,�,,�,t�{ .s �J T!3 t+t2 �-yi�t� .l�
4 . -_ , '�ti� . ' 2. Name of owner (if diffe nt)
.` � ,- • .-. 8. Property pescription: ADDR SS 5 S i �•-� ' .
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. :.•'� . 1. Lepai description: lOT BLOCK � ADD. �I
_ ..:: �� , , - � �p� X �
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._ ...,f , . . 3. Prcsent Uss/���� � Present Zoniny Dist. "
.-� • C. 'fle�ons for Requett:
��I + • . -. 1. Proposed use Q'�/�
- _- .1 - - �
__�_ � , _ ' -
:_ _.-� 2. What physical chsracteri ia of the property prevent its beinp used for any of the pe itted u:es
� in your zone7 (topograp y,soil eonditions,size�nd shape of lot,etc.i 7f� �rj((,�{�
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� :. .� _ � LA�1oc/T" '�►�� E''�E—� I��M ��9�yr4� c�f�r.��� �
,_ _ - State the speci ifc varisti requated,8ivinp di:tances whsre sRpropriste. ^
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- _ � � - _ _ . -:_ . - ' No �� .
__ . _ .. - .. .: . .. _
- �. CASHIERS USE ONLY
` j ' . :.. .'. b. That the ynntinp of varisnce will
_ - � . not be � substantisl detriment to [Ly;!1���'70O�i���%OQF�f aFF��; 1
- - public pood or�su ntia�impair- 4001 !.'A�IANCE �: •�Q.
� � ment of the intent � d p rpose of I� � .
� .� _� the Zoninp Ordinance� S�lFTTL �240.00
_ _ _ ,'::j �.�1L (/�Gt��O �jC r?��.�,, CHECi; THI► *14�J.Oli .
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T0: The City of 8t. Paul Zoning Bo d oP Appeals
FRO : The neighbors of Milce and Hea her Long __.
The following neighbore are in favor of Qnd support Mlke and
_ Hea her Long�s deok pro�ect located n the side yard of their
� d�►�e ling at 875 B. Howell St. , St. P ul, Minnesota. The conatruction
pro ect ia in the north end (aide y ) of the lot ad�acent to
Bee hwo0�. Ave.
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� � Eaeh o//res indepsnusnHy owned and operarsd
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PA 2 '
T0; The City or St. Paul Zoning Bo of A�peale
FRO : The neighbors of Mike and Hea her Long
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REALIY OR�� REALTY WORLD�—Jambor, Inc.
635 South Cleveland Avenue,St. Paul, MN 55116
Telephone:(612}698-0866
September 22, 1987
St. Paul City Council
Dear Sirs: �
Regarding the property located at 875 S Howell, it is
opinion that the improvements made t the exterior
(ie. deck, hot tub and fence) will not evalue surrounding
properties.
Sincerely yours, �
,.i!rr
�
Tan Fdels ein, .
Realtor,
TNE RESULTS PEOPLE:
� � E,cn omce indepsnuenHy owned and ops�areu
� � • � � � . �-�-����
eptember 2, 1987
. Thomas Beach
100 City Hall Annex
5 West 4th Street
t. Paul, Minnesota 55102
ear Mr. Beach:
elatedly because I was out of town and nable to sign the petition,
wish to add my support to Mike Long in his efforts to resolve his
roblem over the porch he is adding to h s home. I am his neighbor
n the other end of the block. I pass h s home countless times in
oming and going from my home.
am convinced that Mike did all the pla ning that should be necessary,
hecked with city officials to obtain ap rovals, and has an excellent '
lan for enlarging the living area of hi home.
urther, I do not find the construction 'tself objectionable. Our
eighborhood is one in which all of us u e our total home - inside
nd outside - for an enjoyable life styl . This porch area fits
nto that concept of use very well. Aes hetically, I believe, the
orch will blend into existing structure very well once the project
s completed.
urge you to give favorable considerati n to his plans and allow him
o complete his project.
incerely,
HOMAS R. BYRNE
974 Beechwood Avenue
t. Paul, MN. 55116
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AREA AP
� L LEGEND
APPLICAN
— -- ZONING DISTRICT BOUNDARY
C �� SUBJECT PROPERTY
PURPOSE ea �
4 ONE FAMILY PLANNING
OISTRICT
-- C� TWO FAMiLY
FILE N0. � OZ` �3 _,— ' �
Q 11 �� QQ� -¢--0 MULTIPLE FAMILY
DATE � -�v
• �► n COMMERCIAL
SCALE : i'� 200� NORTH , � �� �NDUSTRIAL MAP N0.
SAINT PAUL PLANNING BOARD V VACANT �� •/ 1
� � 7
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August 31, 1987 -
Board of Zoning Appeals
25 West 4th Street
St. Paul, Minnesota 55102
Re: Zoning File:10196 .
Zoning File Name:Long
Hearing Date:September 8, 19 7
I am a property owner residing w thin 100 feet of the property
at 875 So. Howell Street, St. Pa 1, 55116. I am against
granting any variances to establ shed zoning code requirements
on this property.
The proposed Spa—Deck are inappr priate for a front yard in '
- the city, as is the eight foot h gh obscuring fence. The
unattractive installation would ower property values of
nearby homes. I fear it could a so set a precedent which
could lead to more like structur s, not only in the block, but
in the neighborhood and perhaps he city.
� �� � �
�� Le N. Turnquist
"�� 19 5 Beechwood Avenue
St Paul, Minnesota 55116
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l/�
o: The Board 'of Zoning Appeals
om: Rose Sathanandan, 1910 Beec vrood Ave, St. Paul, Mn, 551.16
te: September 8, 1987
R :Variance request for 875 ::. '.'.ow il (Zoning F'ile No: 10196,
Zoning File Name: Lon�)
T e major concern I have about 875 S. Howell is that all constructian
h s proceeded v��ithout a licensed s rvey of the boundaries of 875
S Howell. As the actual deck con tructed has exceeded all limita-
t' ons I suspect that all construct' on (the chain-linked fence and
t e deck) is outside the VJest-side boundary limits of 875 S. Hovaell.
I order to settle this suspicion suggest Nr. Long have his
p operty legally surveyed and/or s� ow the property stake. The
o i gina_1_results of the survey sho ld then be presented to those
co cerned before continuing any fu ther construction.
r:y second concern of the constructi n of 875 S. Ho�frell is the dGnger
pr duced by the height and length o the deck on the '�:�est side of
th house. Due to its dimensions t e de��k produces a threat to
ev eyone but especially to children Children have fallen off the ,
de k onto our property already. :'de could e�.sily be accused of
ne lioence if we did not voice our pposition to the deck along the
bo nd�_ry of 1910 Beechwood 2nd 875 . �ov�Tell. Tnerefore a. fence
sh uld be placed along the si de of he entire length of the deck
fo the s�fety of everyone.
As �.11` the ground space ha.s. been co ered by the deck on the 1'Jest side
I concerned that the Long' s will continue to clean tne dirt off
th deck onto my property, as witne sed in the pGst feu� days.
As there is no other place to put t� e dirt, I am even more �,nterested
to now where the Long' s are plannin to put the winter snow. From
pas experience I have found thc.t my backyard is only sufficient
to tore the sno�=� which is obtained n my drivew�y Gnd sidetivalk.
I c rtainly will not put up with ext a snow from my neighbour.
In rder to avoid any of these unnec ssary problems it vrould be
��is to either le�ve some larad. space on the �`,'est of 375 S. Howell
or o ,:►ake sure that a solid fence i placed along the ;"lest side of
the deck.
A f' nal point of dispute lies in tne construction facing the North
si d of 875 S. Howell. The size of he structure greatly lo�Trers the
proyerty value of the surrounding ho ses, especially ours. The fron� .
dec completely hides our house fron the South-<<�est side and will
c�u e a large loss to us when ti�re try to sell our home. A1 so due to
the eight and extension of the fence around the bo�rder of the deck,
the iew of an automobile driver app aching the Beechwood-Howell�
corn r is greatly hindered, especiall during the night. This is an
extr nely dangerous situation in our eighbourhood as a number of
chil ren and pets occupy the area of eechtivood and Howell at all times
of t e day. I end this letter by exp essing my trust in the capabil-
itie of this committee to nake a dec sion for the safety and benefit
of o r neiahbourhood.
You Slncere
i�j�+�M
Rose Sathanan an e
2i
��i���
_____ __________________________ AGENDA ITEMS --------------------------------
--------------------------------
ID#: 446 1 DATE REC: (11/06/87] AGEND DATE: [00/00/00] ITEM #: [ ]
SUBJE : [DENIAL OF ZONING APPEAL - MIKE LONG � ,rt •J ]
� , . :
STAFF SSIGNED: [ �A�1 l(-y ] SIG:[ �%�^'" r ] OUT-[ ] TO CLERK [�AfABf�A}-- /�//6
ORIGIN TOR:[CITY ATTORNEY ] CO TACT:[SEGAL - 5121 ]
ACTION [ ]
[ ]
C.F.# ] ORD.# [ ] FILE COMPLETE="X" [ ]
� � � � � � � � � � � �
FILE I 0: [RESOLUTION (2PGS)/ZONING FILE ]
[ 7
[ 7
------- --------------------------------------- ------------------------------
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S �. PAUL CI � Y COUNCIL
PUBI.IC HEA ING NOTICE
ZO ING - �
� To: Property owners within 350' ; FIL E N 0. 10213
Representatives of District 15 pAGE
, PUR OSE
The City Council will consider a decision by the Board of
Zoning Appeals to den a variance to permit a spa /hot tub in
the applicant's front ard. (Under the Zoning Code, the yard
facing Beechwood is considered the front yard. )
L��. T I 0 N 875 S. Howell Street ( W corner at Beechwood)
PETI IONER �IKE LONG
H E A R N 6 Thursday� october 22, 1987 9:0o A.M,
. Cit Council Chambers, rd Floor City Hall - Court House
Q U E S 10 N S Zoning 298-4154 (Tom B ach)
� Contact the Zoning Sect on of the Planning and Economic
Development Department, Room 1101, City Hall Annex,
25 W. 4th Street, St. P ul, Minnesota 55102
Legal Description: On ile.
Notice aent 10-9-87 �;�`i;�
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