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
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► . 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
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. .
. .
, 13.-1985) � , . :�
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