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85-567 `NMI:YE - CITV CLERK P��K -$INANCE CITY OF SAINT PAUL Council CANARV - DEPARTMENT ��� j�J BIUE - MAVOR J�f� -Z0111 ng File N . C uncil Resolution Presented By ��� Referred To Committee: Date Out of Committee By Date WHEREAS, Albin d Luci le Hoeller have submitted the attached propose lot split with v riance for City Council approval; and WHEREAS, the Dep rtment of Planning and Economic Development and Public Works have revie ed the attached lot split at 1583 Pacific Street desc ibed as: Westerly Pa cel (v cant): "That part of the west 51 .31 feet of L t 1, Block 1, Hu e Addi ion, according to the recorded plat thereof, R sey County, Min esota, which lies south of the southerly right-of-way line of Intersta e High ay Number 94;" and Easterly Pa cel (1 83 Pacific Street): "That part of Lot 1, Bloc 1 , Hume Additi n, acc rding to the recorded plat thereof, Ramsey Cou y, Minnesota, hich 1 es South of the southerly right-of-way line of Interstate ighway Number 94; except the west 51.31 feet of said L t l;" and WHEREAS, the pro osed 1 t split meets the requirements of Sections 67.3 4 and 67.406 of th Zonin Code except for minimum lot area for the weste ly parcel and minim m setb ck of an accessory structure for the easterly parcel; and WHEREAS, City Co ncil h s determined according to Section 67.703 of the Zoning Code that compli nce with the subdivision regulations would crea e an unusual hards ip; NOW, THEREFORE, E IT R SOLVED, that the City Council accepts and appro es this lot split w th a v riance of 807 sq. ft. to permit construction of a single-family ho e on t e described westerly parcel, with a lot area of 5,193 sq. ft; an COUIVCILMEIV Requested by Department of: Yeas Nays �, Fletcher Drew � IR Favor Masanz � • Nicosia Schelbel _ Against BY - Tedesco W ilson Form Approved by City Attorney Adopted by Council: Date Certified Yassed by Council Seereta y BY g}, _ t#pproved by Ylavor: Date Approved by Mayor for Submission to Coun il BY BY WH1.'fE - CITV CLERK PIM�.K � -�'INANCE GI Y OF SAINT PAUL Council �� CANARV - DEPARTMENT BLUE - MAVOR File NO. � C uncil Resolution r Presented By Referred To Committee: Date Out of Committee By Date BE IT FURTHER R SOLVED, that the applicant shall be required to file a maintenance eas ment a eement to permit the 0' setback for the garage at 1583 Pacific in accord ce with Section 62.105(2) of the Saint Paul Legislative Cod ; said agreement to be filed coincidental to recording the transfer of the westerl parcel . COUNCILMF�.N Requested by Department of: Yeas ��� Nays orew PLANNING AND ECONOMIC DEVELO MENT Masanz A [n Favor • Nicosia /�, Scheibel � _ Against BY ✓v �a�des�� MINFaorr- Adopted by Council: Date l�P 2 5 �985 > Form Approved b Ci torne Certified Y ss d Council S ta BY gy. A►pprove M r — �� � R 2 5 �9v�vproved Mayor r Sub 'ssio to Coun il � Pt1�.i '' �D i�;;i 4 198� DEPARTMENT NQ 1$HO da �Q'rckhut CONTACf 2 PHON E A ri 1 22, 1985 DATE �Q,/�� AS IGN NUI�ER FOR ROUTING 0 DER C i All Locations for Si nature : � Department Director 3 Director of Management Mayor Finance and Management ervice Director � City Clerk Budget Director 1 De ut Director Plann'na ?� City Attorney - Seqal WH T WILL BE ACHIEVED BY TA ING AC ION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : Ir�plementation of subdivis on reg lations reqardina lot splits. Safeguard agains creation of substandard/unbuildable lots. City Council hearing required. C �""` �� �V� COST/BENEFIT BUDGETARY AND PERSON L IMPACTS ANTICIPATED: . � F�e of $20.00 received to elp de ray administrative costs. FIN' NCING SOURCE AND BUDGET CTIVIT NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- 7ota1 Amount of Transacti n: $ 0.00 credit quired if under $10,00Q) Funding Source: Genera Fund Activity Number: ATTbCHMENTS List and Numbe All At achments : 1. City Council Resolutio 2. Copy of staff report 3. Copy of public hearing notice 4. Survey pf 1583 Pacific Street. . .� ���� .��. � ���, ��4�2✓it/G 1� 3- � DEPARTMENT REVIEW CITY ATTORNEY REVIEW X Xes No Council Resolu ion Re uired? Resolution Required? Y s No Yes �No Insurance Requ red? Insurance Sufficient? Y s No Yes X No Insurance Atta hed: (SE REVER E SIDE FOR INSTRUCTIONS) Revi'sed 12/84 r" . ' . ' ��- �.J�J�7O� OTICE OF PUBLIC HEARING The Saint Paul C'ty Cou cil will conduct a public hearing to consider the request of bin �.an Lucille Hoeller for a lot split _ with variances a 1583 acific on Thursday, April 25, 1985 at 10:00 A. . in the City C.oun i1 Cha bers, 3rd floor, City Hall . Albert B. Olson City Clerk {April 13, 1985) r . , �5-5707 . - � March 25, 1985 To Whcm It May Co . � We wauld 1' to be o�nsidered fo� a subdivision and variances t4 our property. To Pravide f the c3ninistration of this chapter including proce- dures and stan far ubdivision plat approval: (67.107) T� pravide f r vari es fonn the strict interpretation of this. ��pter: (67.108) The granting of the variance will not be detrimental to the public safety, health or elfar or injurious t,o other praperty or improve- , ments in the neig h in which the property is locate�d: The conditio upon hich the request for a variance is based are unique to the ro for which the variance is sought and are generally not app icabl,e tA other property: {Because of e 1 �ay out which naw exist) The litexal ' terpr tation of the pravisions of this chapter wauld deprive tY�.e ppli of rights ca�nly enj6yed by-ather pm- perties in the e zon' district; (Properties n saQne lock have even less square footage) The special nditi and circ�anstances do not result fran the actions of appli t: (Have been ed sound barrier fence) . Because of par ' ular natural surroundirx�s, shaoe or topograx�hical co 'tions f the specific property irivolved, unusual hardship to the r ld result, as di.stirygtti.sed fram a mere in- ' oonvenience, if e stri letter of these regulations were carried out. The ?ocation f the land is of no real use to us because of the distance fro:-� our e. Iease take in to consideration that my hus . . �2, �5-_�,7 is physicaly dis led w th a fixed incane. Also we ha had a finacial hardship arising fro�n ou� daughtess m�nntiz stay in th hospi 1 plus psychiatrist bills t�at are only partialy cavered by our ospitalization. Sh�uld we r ive subdivision and variance �e will have a laywer draw up a 'n aggreement. Thank you f your ' and oonsideration. Sinaerely A. R. and Lucille Hoeller �� ���� � ., ; , '�� . ,/;- u,/ ''� u ���. t'��:;�. C�;G�-�..�(� 5 . ' � N � � O � � Z 2 v�i � � � �� � � � O � a.. 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' .. �,y R � M � `J � � . . . �..�.�....< .. -_.-..___1_.,e._.. ' . .� 5l.31 _ T�i��.5�v , � PA� lFlG STR � ET f � � �� �?�J ► . LOT �SP L I T STAF�' REP ORT � ______________________ � FILE SBD #149 ; 1. APPLICANT: AL IN AND LUCILLE HOELLER DATE OF HEARI G: 4/25/85 2. LOCATION: 158 Pacific Street (North side of Pacific, east of Hazel ood) 3. LEGAL DESCRIPT ON: L t 1, Block 1 , Hume Addition 4. PRESENT ZONING: R-3 ZONING CODE REFERENCE: 67. 04; 67.406 5. STAFF INVESTIG ION & EPORT: DATE: 4/22/85 BY: Charles L. McGuire A. PURPOSE: Consi eratio of a lot split with variances, to allow the roperty owner to sell t e west 51.31 feet of their lot for single-f amily dev lopment. 6. SITE & AREA CON ITIONS The site is currently occupied by a single-f mily structure with etache garage. The property slopes down slightly to the west of the existing ga age. nterstate 94 lies immediately north of the pro erty with approximately 3 feet f highway right-of-way between the interstate ound barrier and the subjec property. The surrounding land use is single f amily resi�iential, wi h the xception of the three duplexes located directl across Pacific Street, just s uth of the site. C. MINIMUM LOT RE IREMEN S: 6,000 sq. ft. area; 50 ft. width; with acc ssory structures set ack 3 t. from interior property lines. D. CURRENT WIDTH & AREA: One parcel 14,813 sq. ft, in area and 765 ft. n width. E. PROPOSED WIDTH AREA: Two parcels Easterly Parcel (1583 acific) : 9,620 sq. f t, area; 113.69 ft. widt ; and 0` setback for the existi g garage. Westerly Parcel (vacan ): 5,193 sq. ft. area; 51.31 ft. width. F. VARIANCES RE UE TED: Easterly Parcel (1583 Pacific): the 0' setback for the existing gara e requires a 3 ft. varianc or a aintenance easement agreement in accordance wi h Section 62.105(2) of th St. P 1 Zoning Code. Westerly Parcel (vacant): the 5,193 sq. ft. lot area requires a vari nce of 807 sq. ft. Section 67.703 o the Z ning Code allows the City Council to grant va iances to the subdivision egulat'ons when compliance would create an unusual h dship, based on the fol owing indings: 1 . The intent o this hapter is met. The westerly parcel meets the intent of this chapter as to require lot area, when one con iders he additional 1 ,785 sq. ft. of highway right-o -way between the ear pr perty line and the highway sound barrier. Thi area could not be built n without purchasing it from the highway depar ment. But it is open s ace wh ch is used as rear yard and is maintained by t e property owner. 2. The granting of the variance will not be detrimental to the �ublic safety, health or we fare o injurious to other property or improvements i the neighborhood in whi h the property is located. The vacant p rcel c n be developed with a single-f amily structure ithout detriment to the ad acent properties, provided a maintenance easem nt agreement fo the e isting garage is recorded at the time of sale f the westerly par el . 3. The conditio s upon which the request for a variance is based are nique to the property for which the variance is sought and are generally no applicable t other property. .� . _ . _ . .m __.___,._ �.____� _ ___ _ --- -- ---_—__,.__.. �_ __.___;.�.,_.�.... ._--___. . ._ . __ ,T_..._ . �.•.... , . . ._ _ ,- . . �'.� �.��=s�7 � Albin and Lucille H ller SBD #149 Page 2 The requeste varia ces are due to the acquisition, by the highwa department, f the orthern portion of the lot; the placement of t e existing garage; and he exi ting slopes .which tend to define the area west of the _ garage as a eparat lot with little value as usable side yard. 4. The literal interpr tation of the provisions of this chapter would deprive the applica of ri hts commonly enjoyed by other properties in th same zoning dist ict. If one incl es the adjacent highway right-of-way, the total lot ea involved is 0,625 q. ft. which the applicant proposes to divide into two lots of 6,9 sq. f . and 13,647 sq. ft. Owners of similar sized roperties would normally be a le to split their lot without needing varianc s. 5. The special onditi ns and circumstances do not result from the ac ions of the applica . The existin circu stance is due primarily to the acquisition of he north 37 feet of he lot or Interstate 94 right-of-way. 6. Because of he particular natural surroundings, shape or topograp ical conditions the specific property involved, unusual hardship to he owner would resul , as distinguished from a mere inconvenience if the s ict letter of these re ulations were carried out. Due to exis ing s] es and placement of structures, the west portion of the lot has had insigni icant value as side yard and has created an a ded burden in maintaining the lot. Currently the total area to be maintaine is over 20,000 sq. t. G. STAFF FINDINGS: l . The divisio meets all other requirements of the Zoning Code. 2. The new par el can safely be developed in compatibility with the urrounding area withou need f variances. 3. The propert owner has agreed to file a maintenance easement agre nt for the existin garag , at the time of sale of the westerly parcel. H. STAFF RECOMMEND TION: Based on findings in F and G, staff recommends he lot split be aprove with ariances as requested in F. _ i . � �s-s�� NOTICE OF PUBLIC HEARING The Saint Paul ity Co ncil will conduct a public hearing to consider the request of lbin,�an Lucille Hoeller for a lot split with variances t 1583 acific on Thursday in the City Cou cil Cha bers , 3rd floor, City Hall . Albert B. Olson City Clerk (April 13, 1985) � � ����� ��7 NbTi�E OF�'L1EI.iC HBABIN�ir � ' '� �,.� .'$ Y, , . . _ 1`he� t �' ql. ity Council will � xin8 t�a�.coqsid�er.�tl� , � co�cluct•a �t � request ot �.ai�d `�icid3�Idoellar t�a�iit cp�w��rasiane+es��►t:138��.'�eiti�� ' on�iur�d ,.A�pril� ,19$5 at 10:00 A.MS iti tht Cit� '�;;g�}��.,� City�all ��� ;�flN CiEyY�l�er&,: ., _ . . . . , 13.-1985) � , . :� a �: .