The URL can be used to link to this page

84-310 WHITE � - CITV CLERK PINK - FINANCE COUIICSI CANARV - DEPARTMENT G I TY OF SA I NT PAU L /� B'LUE - MAVOR File NO• ��-� r � unc 'l s lution � Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, Philip L. Huebener applied to the Board of Zoning Appeals for a variance from the strict application of the pro- visions of Sectiors 61. 101 and 62. 102 of the Saint Paul Legislative Code pertaining to the required side and rear yard setbacks , maxi- mum lot coverage, and expansion of a nonconforming structure in an RM-2 zoning district for property located at 435 Fairview Avenue North , Saint Paul, Minnesota, being legally described as Lot 39, Union Park Addition; and WHEREAS, Following a public hearing with notice to affected property owners, the Board of Zoning Appeals by its Resolution No. 9455 adopted October 11, 1983 denied the request for variances based upon the following findings of fact : (1) The property can be put to a reasonable use under the strict provisions of the Zoning Code; a "solar unit" and garage could be constructed on the parcel and comply with the Zoning Code requirements . (2) Any hardship is self-created since the applicant con- structed the "solar unit" without required City building permits. (3) The variance for the "solar unit" and garage is incon- sistent with the intent of the code to prevent overcrowding, im- pingement on adjacent property owners ' rights , and the expansion of a nonconforming structure. (4) The proposed variance would be of substantial detriment to the neighbors ' supply of light and air, and property values since the request is to construct one foot eight inch from the adjacent neighbor' s property line. COUfVC[LMEN Requested by Department of: Yeas Fletcher Nays G",� �R�w [n Favor Masanz Nicosia schetbei __ Against BY Tedesco Wilson Form Approv d y ' y Atto ey Adopted by Council: Date Certified Yassed by Council Secretary BY gy, t�pproved by IVlavor: Date _ Approved y Mayor for Submission to Council By — BY WHITE� ,- CITV CLERK PINK - FINANCE GITY OF SAINT PAUL Council CANARV - DEPARTMENT File NO• �� /D BLUE - MAVOR . � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date (5) The variance will allow the expansion of a nonconforming structure in violation of Section 62 . 102 of the Zoning Code. WHEREAS, Pursuant to the provisions of Section 64. 205, Philip Huebener duly filed with the City Clerk his appeal from the determi- nation made by the Board of Zoning Appeals requesting that a hearing be held before the City Council for the purpose of considering the actions taken by the said Board; and WHEREAS, Acting pursuant to Sections64. 205 through 64.208, and upon notice to appellant and other affected property owners, a public hearing was duly conducted by the City Council on November 17, 1983 wherein all interested parties were given an opportunity to be heard; and WHEREAS, The Council having heard the statements made and having considered the variance application, the report of staff, the minutes and findings of the Board of Zoning Appeals, does hereby P.ESOLVE, That the Council of the City of Saint Paul does hereby affirm the decision of the Board of Zoning Appeals in this matter and does hereby concur i.n the findings made and determined by said Board, including the finding that the Saint Paul City Council by its Resolution No. C.F. 278119 adopted January 26, 1982, had also denied Philip L. Huebener' s request for a variance from the same sections of Zoning Code for the purpose of allowing Mr. Huebener to construct or expand his existing solar hearing system which at that time had been built without the benefit of the required City building permit; and, be it FURTHER RESOLVED, That the appeal of Philip L. Huebener be and is hereby denied; and , be it -2- COUIVCILMEIV Requested by Department of: Yeas Nays Fletcher "�� fl�`� In Favor Masanz Nicosia scnetbe� __ Against BY Tedesco Wilson Form Approv y rt Att ey Adopted by Council: Date Certified Passed by Council Secretary BY By t�pproved by iNavor. Date Approved Ma or for Submission to Council By _ BY WHITE , ♦ CITV CLERK PINK . - FINANCE COUIICIl ,/ B�UERV - MAVORTMENT GITY OF SAINT PAUL File N 0. �7" -3�v r � Council Resolution Presented By Referred. To Committee: Date Out of Committee By Date FURTHER RESOLVED, That the City Clerk shall mail a copy of this resolution to Philip L. Huebener, the Zoning Administrator, the Planning Commission, and the Board of Zoning Appeals . -3- COU[VCILMEN Requested by Department of: Yeas Fletcher Nays � '�°W°" �z� In Favor Masanz Nicoaia sabNbet _ Against BY Tedesco Wilson Adopted by Council: Date 1'Wi� -6 1984 Form Approved b ity torn Certified • •s Council e ar BY sy d1 by Mavor: Da � �R � 1984 Approved by y for Submission to Council �y By PUBIISHEfl M AR 17 1984 (RETURN TO JEROME � SEGAL AFTER ADOPTION) v.'rITE - ^_iT�v CLE?K /� PIhY. - Fi!:qN�E l..�un�•i� '/ . CO'"CFY - �EF'ARTNENT GITY OF S►AI �'T PAITL File NO. ��" �°��d 3�i;E - t.tp;'�F C'ouncil �esor�tion Presented By Referred To Committee: Date Out of Committee By Date jtiTHEREAS, Philip L. Huebener applied to the Board of Zoning Appeals for a variance from the strict application of the pro- visions of Sectiors 61 . 101 and 62. 102 of the Saint Paul Legislative Code pertaining to the required side and rear yard setbacks , maxi- mum l�t coverage, and expansion of a nonconforming structure in an RM-2 zoning district for property located at 435 Fairview Avenue, Saint Paul, Minnesota, being legally described as Lot 39, Union Park Addition; and WHEREAS , Following a public hearing with notice to affected property owners , the Board of Zoning Appeals by its Resolution No. 9455 adopted October 11, 1983 denied the request for variances � based upon the following findings of fact : (1) The property can be put to a reasonable use under the strict provisions of the Zoning Code; a "solar unit" and garage could be constructed on the parcel and comply with the Zoning Code requirements . � (2) Any hardship is self-created since the applicant con- structed the "solar unit" without required City building permits . (3) The variance for the "solar unit" and garage is incon- sistent with the intent of the code to prevent overcrowding, im- pingement on adjacent property owners ' rights, and the expansion� of a nonconforming structure. (4) The proposed variance would be of substa�tial detriment to the neighbors ' supply of light and air, axid property values since the request �is to construct one foot eight inch from the , adjacent neighbor' s property line. . ' COUNCILIIEN Requested by Department of: Yeas Navs Fletcher " ca�i� In Favor . r�asa�Z ! Nicosia scneibel _ Against BY Tedesco Wilson Form Approved by City Attorney Adopted b�• Council: Date . Certified Yassed b� Council Secretary BY . B� � Appro��ed by� '�laver: Date � Approved by htayor for $ubmission to Council • �� _ . _ _ � __ � - -- _ __ _ ��F_ �<d_ wHITE - C�TV CLE�K � PINK - FIN�.N�E • G I TY OF SA I '.�i T P1-LU L Council CANARV - DEPARTMENT BLI:E - !.MAVOR , File 1� . �'o�ncil �Zesol�tio� Presented Bv Referred To Committee: Date Out of Committee By Date (5) The variance will allow the expansion of a nonconforming structure in violation of Section 62 . 102 of the Zoning Code. WHEREAS, Pursuant to the provisions of Section 64. 205 , Philip Huebener duly filed with the City Clerk his appeal from the determi- nation made by the Board of Zoning Appeals requesting that a hearing be held before the City Council for the purpose of considering the actions taken by the said Board; and WHEREAS, Acting pursuant to Sections64. 205 through 64. 208 , and upon notice to appellant and other affected property owners , a public hearing was duly conducted by the City Council on November 17 , 1983 � wherein all interested parties were given an opportunity to be heard; an d WHEREAS , The Council having heard the statements made and having considered the variance application, the report of staff, the minutes and findings of the Board of Zoning Appeals , does hereby P�ESOLVE, That the Council of the City of Saint Paul does hereby affirm the decision of the Board of Zoning Appeals in this matter and does hereby concur in the findings made and determined by said Board, including the finding that the Saint Paul City Council by its Resolution No . C. F. 278119 adopted January 26, 1982 , had also denied Philip L. Huebener' s request for a variance ,from the same sections of Zoning Code for the purpose of allowing Mr. Huebener to construct or expand his existing solar hearing system which at that time had been built without the benefit of the required City building permit; � and, be it � FURTH�R RESOLVED, That the appeal of Philip L. Huebener be and is hereby denied; and , be it � � -2- � COUNCILMEN Requested by Department of: Yeas Nays Fietcher �at�� In Favor , Masanz • Niccsia Scheibet Against BY Tedesco - W ilson i . Form Approved by City A*torney Aduated b�� Council: Date — CertifiF•d Passed b5� Counci] Secretary ! BY Bv I r�:F�pro�•ed h� 11avor: Date _. _ iI Approved by Mayor for Submission to Council I I writTE — CiTV CLERK � F�.vr, — c;.�nhCE � !/�, COUT1C11 p� // �LNti��" — DEPARTMENT �JIT� OF S � =��E _ �,,AYO� A I :� T �AU L File N0._ n �`"��0 � �'��c�l �es�t�� Presented By Referred To Committee: Date Out of Committee By Date FURTHER RESOLVED, That the City Clerk shall mail a copy of this resolution to Philip L. Huebener, the Zoning Administrator, the Planning Commission, and the Board of Zoning Appeals . � -3- COUNCILMEN � Yeas Na��s Requested by Department of: Fletcher " Galles In Favor , Masanz Nicosia Scheibe� _ Ag2inSt BY Tedesco . Wilson � �� . Form Approved by City At;orney Adopted h�� Council: Date i Certified Passed by Council Secret.ary BY B�. Appro�•ed i�� 1ta�•or: Date _ i' Approved by hia}�or for Submission to Council i . . . '4 �� Y-�id �¢$`lTY °";. ' � �' � � CITY OF SAINT PAUL � �� 4 DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT , m '�� ° �o DIVISION OF PLANNING 0 ,eb. 25 West Fourth Street,Saint Paul,Minnesota,55102 612-292-1577 GEORGE LATIMER MAYOR November 7, 1983 Mr. Albert Olson, City Clerk Room 386 City Hall St. Paul , Minnesota 55102 RE: Zoning File #9455 - Philip Huebener, 435 N. Fairview City Council Hearing: November 17, 1983 PURPOSE: Appeal of a Board of Zoning Appeals decision to deny variances of setbacks and lot coverage in order to permit an illegal structure to remain and to be expanded. HISTORY: On December 17, 1981 , the City Council denied (6-0) Mr. Huebener's appeal of the Board of Zoning Appeals ' denial of variances to permit an illegally constructed solar heating unit to remain. When Mr. Huebener did not remove the structure, the Building Department issued two tickets. The case is now in criminal litigation. The latest in a series of pre-trials was October 26, 1983, with a trial date to be set by the court. BOARD OF ZONING APPEALS DECISION: Deny (6-0) STAFF RECOMMENDATION : Deny OPPOSITION: DISTRICT 13 Dea r S-�r: On September 27, 1983, the Board of Zoning Appeals conducted a public hearing on the variances requested by Mr. Philip Huebener for property located at 435 N. Fairview Avenue. These variances of setbacks and lot coverage would have permitted an illegal solar unit to remain and to be expanded. One person spoke in support; District 13 and the neighbor to the south were in opposition� ,� Following public testimony, the Board of Zoning Appeals , on a vote of 6-0, 4„-: � denied the variances based on findings as detailed in the attached resolution.�`'� _ .'=� c.�� The City Council will conduct a public hearing on Mr, Huebener's appeal of ',- � ,,, the Board's decision on November 17, 1983. Please notify me by November 16 ��" K�� if any member of the City Council wishes to have slides of the site �Y��°, '�� _.,� presented at the publ ic hearing. � �; �:,:� ;;; ��_ Sincerely, i�.�..Wl^`G��l�j Donna McNeally City Planner DMcN:mw Attachment � . .� ��-'� �� t,c�. ,�`�-� �r � ;�, ,'=`, U I 3 (�� y�3ia I . .. -�- ,3� �'�� -� ` . ��.r,�,.( �.-<e �� t ^ `�-�-�l�' �►�"'``'��' R;-� � ��-.�, ^� °� Z ! c.s��-:�ti Z�.t,�."�` �'� APPI.ICATION FOR APPEAL ZONING OfFICErUSE ONIY , CITY OF SAINT PAUL 0e-�- � � I�� File # ��5 �- �,,; 5 r o��•1, '� '':-�e °1 ; "' Appl ication Fee $ f� �'� ��`�i.t��4�Ji@-r,� t��:�`,.'.,`�E,%r�,�. _. . ,3,;..;,. ' Tentative Hearing Date Application is hereby made for an Appeal to the � '� _ � under the provisions of Chap.ter 64, Section a20 , Par graph of the Zoning Code to appeal a decision made by the � Board of Zoning Appeals Planning Commission on �se_ f�-, 0? 7 , 19�'� Zoning Administrator (date o`f decision) Planning Administrator � Other A. APPELLANT / � ^ � ��d Name P�� i �j � , �U e �J �t�t, ��- Dayt i me phone C, Address � � .� �a i �' Vf� ew tt't� /V� Zip Code f, � � �� B. DECISION BEING APPEALED Zoning file name �/ip��P�7P,r- �h i f l ,P L � Zoning Fi le # �J`�5 Gu,S, be r-. �e ron'Q� Property Address/Location ,� � ' � � ' ic Legal description �.o� �3��n r► �`"�'� C. GROUNOS FOR APPEAL (Use additional sheets if necessary. ) (Explain 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. ) � o � � ��r s �r� � r� f-e v� i h � hv os e�- � 0• c�e c� -f r e s � c� �: � _ ____ _ -- _ _ - - : ; � , - , � :_ a — --------__..-- . � If you have any questions, please contact: ,• ,7 A 'ca `s �ign ture St. Paul Zoning Office � 1100 City Hall Annex �� 25 West Fourth Street �� ! `� � Saint Paul , Minnesota 55102 Date ty agent (298-4154) 9/82 . , . . C!� ��-�io MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS IN CITY COUNCIL CHAMBERS, ST. PAUL, MINNESOTA, SEPTEMBER 27, 1983 PRESENT: Mmes. Morton and Summers; Messrs . Grais, Kirk, Osborn and ' Peterson of the Board of Zoning Appeals; Mr. Segal , Assistant City Attorney; Ms. Lane of the Division of Housing & Building Code Enforcement; Ms. Beseman, Mr. rord, Ms. McNeally and Mr. Haider af the Planning Division Staff. ; ABSENT: Messr. Woods. � � � � The meeting was chaired by Gladys Morton, Chairman. PHILIP HUEBENER (#9455) : Variances to permit existing illegal solar eat�ng system to cont�nue and to add an attached garage at 435 Fairview. The applicant was present. There was opposition present at the hearing. Ms. McNeally showed slides of the site and reviewed the staff report with a recommendation for denial . Staff received a phone call from Mrs. Rice, adjacent property owner to the south, and she explained that she was under a doctor's care and could not attend the public hearing but that her testimony at the previous hearing did stand in opposition to the variances. Philip Huebener, 435 N. Fairview, presented charts showing the sun at � - diff erent angles and explained his proposal . On December 23 when the sun is at the lowest point, the solar heating system would not interfere very much with the building rights of the adjacent property. It would be very costly to place the solar collector in a different location because of the � � installation that would be necessary to retain the heat. He stated that - the Rice Family are absentee owners and should not have very much to say about his proposal . Stanley Aitken, 1842 Feronia, testified in support stating that the applicant's lot is not large enough to place the solar heating system in a different location. Maureen Neap, 1841 Dayton, read a statement of opposition from �he Merriam Park Community Council . Hearing no further testimony, Ms. Morton closed the public hearing portion , of the meeting. Ms. Summers moved denial based on findings 1 through 5 of the staff report. Mr. Peterson seconded the motion, which passed on a roll call vote of 6 to 0. Submitted by: Approved by: � ,� _ . i/.�1�.�' 7.% �� . / _ i � �'u�` � �" ` r�� orto� Chairman D�nna F. McNeally � Gladys M , . , l:Jt' ��'�� 1TY p�, ' ,.� ; CITY OF SAINT PAUL � ' �` DEPARTMENT OF COMMUNITY SERVICES p �`�.:::::.:. -� Ce:::.�si t : �- + "J, ^° DIVISION OF HOUSING AND BUILDING CODE ENFORCEMENT Ciry Hatl,Sai��t Paul,Minnesota 55102 George Latimer 612-298-4212 Mayor . April 7, 1983 � Phil Huebener 435 North Fairview, Apt. 1 RE: CERTIFICATE OF OCCUPAIvC`i St. Paul, MN 55104 435 North Fairview 4 U�:IT5 D�ar Property Ch.mer: You were ordered to obtain a Certif.icute of Occurancy for the above pronert; by a specified date. Ti�at date. l:��s :;•,:�.sed and upon reinspection, the in�pector found Lhat the r�quired correcrioiis iiad not beert made and the Certificate cannat be issued. The St. Paul Ik�partmenC of C��mmunity Services is notifyjnf; the Minnesota Lk�part- ment of Revenue of noncom�liance. Aiinnesota Statutes Section 290.101 provides for denial of interest and depreciati.un deductic�ns for sul�standard building� during the period of nor;comr] �ance. 'I'I;is referral rnay also lead to an audit of your Minnesota State Inr_or�e Tax. You wi11 not be all.owed Lo deduct interest or de;�reciation o�l th:is buildi!,g :c�r purposes of computinf; yo�u- M:nnesota StaCe Incomc� Tax unti]. such tir.ie as tl�is Department notifies the Dc:�artment of Revenue that this building is in coml�J.i;nce. As soon as the repair.s h:�ve bE�en completed, you may contact th�.s Uepartment .for- a reinspection. If yot; have net contacted this office within ninety (90) days.: a reinspection wi7.l be conducted, and if the repairs are not completed by th<�t time, further enfnrcement action w�ill be ta};en. In order to obtain a Certifi.cate of OccupancST, the following list nf deiicie��cies on the encloseci list mus` �e corrected: See attached Violation List. Any electrical or plumbing repairs and/or. new installations must be made in accordance with the Plumbing a:ld Electrical Codes. Changes and/dr additions to an electrical system ma}� reouire upgrading af the service size to present �d��tional Electrical Cude requirements. Socr.e plu .'�inp repair.s may r:�cessitate updat�.:�g oi the fixtures and/or pipin�� :invol.ved. 11 pertnit i.s required for all electr.ic•al. and plumbin� repairs and/r�r r.c;, i�:stal).atictls. Per.Tits may be obtained froT, tl�i�, office. If you have any qu��ei.on�, �?ease c��ntact Al.ice Bijjani 1t 298-!�212. Yov� tr�1 y, i �'�; �c,f�.� � ' c. � t}:e`rn 1 ..`�._l,�1 Supervisor Cor.servaCior. �nd ?iainteranne GLK: jb � Enclosure - Vio7.ation Li::t cc : T.kpartment of Reve�lue R(,"�I-14 .._-. � . �F �`{-�i� , � � . VIOLATION LIST 435 North Fairview April 7, 1983 Page 2 Apartment 4�1 1. Bldg. Code. Fire separate dwelling Units 1 and 2 with 1-hour fire-rated materials. Apt. 4�1, Dining Room 2. 54.10 The ceiling is water damaged. Repair ceiling and make necessary repairs to prevent further water damage. Apartment �f2 � 3. Bldg. Code This unit has an exit to front of building through another apartment and is not 1-hour fire �separated. Restore original front exit for this unit and 1-hour fire separation wall. General 4. 34.09 Provide deadbolt locks on all apartment entry doors opening from a common use area, where lacking. 5. It is recommended to request written permission to install a hard-wire electric smolce detector in lieu of sheetrock or sprinkler heads to treating the ceiling of the heating plant area. 6. There is improper and illegal wiring in basement and to rear structure. Install per Code. Apartment �il 7. Finish refinishing ceiling area in bathroom. Apartment 412 8, Provide mechanical ventilation to this bathroom which is � properly installed and functioning. � � ; n n �� ( - Y i . � �'� ' _...' J'r� ,. n_ i j �.. �.,, Q �AI I f;Q �l��'��l6 G 1`� �'�' - � � ��e�� : .�, cOR��t1lP�1�' �L1��L, ��c. � � � 645-0349 • WILDER AT SAINT ANTHO �• ;,,SAIM1iT PAU,L MINNESOTA 55104 � '�0 �n� (C �_ � ti �'Y'+ 1`� �li� . '�f� 1?� .� � 1 c�lj, C(� 1 `� � -., . F� . pl.A �,__. _ .��.�.� `� �- September 22, 1983 ��►Y t'Lr':,`:. ... � �, .'`<� �_;... _ ,:� � Ms. Gladis Morton, Chair l �' Board of Zoning Appeals 1100 City Hall Annex 25 West Fourth Street St. Paul, Minnesota 55102 Re: Zoning File #9455 Dear .-1s. i•iorton: The Merriam Park Community Council's Housing Committee reviewed the request of Philip Huebener, 435 North Fairview Avenue for a variance of the minimum yard and maximum percent of lot coverage provisions of the code to allow construction of a garage and ,solar heat equipment. The Housing Committee believes the approval of this variance would make a mockery of the zoning laws of St. Paul. There are many reasons for the Housing Committee's opposition, the most obvious being: 1) Both the Board of Zoning Appeals and the St. Paul City Council have previously denied Mr. Huebener variances for the required side yard setback, maximum lot coverage, and expansion of a non-conforming structure, (Zoning File #8979) . 2) The granting of this variance would imply approval of the present illegal structure, as this variance would allow an � addition to the solar unit. 3) A variance would be of substantial detriment to the neighbors' property values inasmuch as the request is to construct the structure within 18" of the south side yard of the n�iahboring property. 4) It is our understanding the applicant does not have a current Certificate of Occupancy for his 4-plex; has many housing code violations, and operates two businesses in the building - a printing shop in the basement which is non-conforming, and a solar construction firm. 5) The present illegal structure appears poorly constructed and is visually unpleasing. Due to the current and ongoing violations of the zoning codes, and the sub- stantial detriment to the quality of the neighborhood, the Housing Committee of the Merriam Park Community Council strongly urges you to deny this variance again. Best„re�ards, � _/'/("" �/�i� MollX �'Rourke Commll�fiity Organizer CC: Mr. Philip Huebener Mr. and Mrs. Rice. 1054 Jessie Avenue Mr. Mike Driscoll, City Attorney's Office � � . �� - �-i� BOARD OF ZONING APPEALS STAFF REPORT ------------------------------------ ------------------------------------ . FILE # 9455 1 . APPLICANT: PHILIP HUEBENER DATE OF HEARING 9/27/83 2. CLASSIFICATION: Variance 3. LOCATION: 435 Fairview (West side between Feronia and St. Anthony) 4. LEGAL DESCRIPTION: Lot 29, Union Park 5. PRESENT ZONING: RM-2 ZONING CODE REFERENCE: Sections 61 .101 , 62.102 � 6. STAFF INUESTIGATION & REPORT: DATE 9/20/83 BY Donna F. McNeally ----------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- A. PURPOSE: Variances to permit existing illegal solar heating system to continue anc�o add a 28'x 25'6" attached garage. 6. PARCEL SIZE: 50' on Fairview x 160' = 8,000 square feet. C. EXISTING LAND USE: Four-plex, 2 corrmercial uses (printing and solar construction . D. SURROUNDING LAND USE: North: 6-plex (RM-.2); University Avenue one block north (B-3) South: Single f amily (RM-2) East: Telephone Company building (OS-1) West: Single f amily (RM-2) E. ZONING CODE CITATION: Section 61 .101 - Side Yard Setbacks RM-2 normally requires side yards of 15' ; however, the existing house is set back 7' , so that the required setback in this case is 7 feet. The applicant is requesting a south side yard of 1 '8". Section 61 .101 - Rear Yard Setbacks RM-2 requires a rear yard setback of 25' ; the applicant is requesting 20 feet. Section 61 .101 - Niaximum Lot Coverage � RM-2 allows 30% lot coverage for the principal structure; with the solar system and garage, the lot coverage is approximately 44%. Section 62.102 - Nonconforming Structures RM-2 requires a minimum lot size of 10,000 sq. ft.; the subject lot is 8,000 square feet. Nonconforming structures may not be enlarged. F. HISTORY: 1 . The existing "solar unit" addition to the principal structure was built without building permits and was discovered by Certificate of Occupancy inspector in 1981 . 2. On September 8, 1981 , the Board of Zoning Appeals conducted a public hearing to consider variances of setbacks, lot coverage, and minimum lot size in order for the applicant to maintain the "solar unit." The property owner adjacent to the south spoke in opposition; her primary concerns were the devaluation of her property and the unsightly nature of the construction. Plerriam Park submitted a letter in opposition; major concerns include� the lack of a building permit, effects on neighboring property, and the pnor quality of construction. ' � _ � L�f 8y�3�a Philip Huebener (#9455) Page 2 F. HISTORY CONT'D. • The Board of Zoning Appeals on a vote of 6 to 0 denied the variances by resolution on September 22, 1981, based on findings that there was no physical basis, that the hardship was self-created, that the variance would be of substantial detriment to neighboring property, and that nonconforming structures cannot be enlarged. 3. The applicant appealed the Board of Zoning Appeals decision to the City Council: Following several delays, the City Council conducted a public hearing on December 17, 1981 . The Council denied the appeal on a vote of 6 to 0, concurring with the findings of the Board of Zoning Appeals. 4. The applicant has failed to take down the structure; consequently, the Building Department has issued two tickets. � The case is now in criminal litigation with a pre-trial scheduled f or September 23, 1983. G. FINDINGS: 1 . The property can be put to a reasonable use under the strict provisions of the code. A solar unit and garage could be constructed on the parcel and meet all required setbacks. The lot width (50' ) and depth by (160' ) could easily accomnodate the 31 ' structure since the applicant must only maintain the existing 7' side yard setbacks. The applicant could expand the principal structure by 500 sq. ft. and meet the maximum lot coverage of 30%; the applicant proposes to add 1 ,674 sq. ft, or 44� lot coverage. - 2. The hardship is self-created. The applicant built the solar unit without building permits, although the applicant stated at the City Council hearing that he was aware of the requirement. 3. The variance for the solar unit and garage is inconsistent with the spirit and intent of the code. The intent of setback and maximum lot coverage requirements is to prevent overcrowding and impingement on the rights of adjacent properties. In this case, the RM-2 zone usually requires a 15' setback; the applicant has constructed the solar unit 1 '8" from the adjacent property to the south. � RM-2 permits lot coverage of 30%; the applicant is requesting �4%. The result, at least on the southern half of this lot, is overcrowding. The stated intent of the Zoning Code is that the survival of nonconforming structures not be encouraged and that they shall not be "enlarged upon, expanded or extended, nor be used as grounds for adding other structures. . ." The principal structure is nonconforming as to lot size (8,000 sq. ft. ), - setback (7' ) and perhaps density and use. Expansion would clearly be a violation of the intent of the code. 4. The proposed variance would be of substantial detriment to the neighbors ' supply of light, air, and property values. St. Paul 's proposed solar ordinance would not grandf ather in the applicant 's solar panels. He would have to apply to the Planning Commission and prove that the solar structure was built at the least restrictive location (to his neighbor) . 5. The Variance, .if granted, would allow the expansion of a nonconforming structure. 6. The applicant has alsa failed to comply with the City's Certificate of Occupancy requirements; although the building was first inspected in 1981. ki. STAFF RECOMMENDATION: Based on findings 1 through 5, staff recormends denial of `T�: :�ar� ances requested. � � � �� /-�� city of saint paul board of zoning appeals resolution , � zoning file number 9455 ' date October ,, , 1983 � WHEREAS, Philip L. Huebener has applied for a variance from tMe strict � application of the provisions of Sections 61 .101 and 62.102 of the Saint Paul Legislative Code pertaining to the required side and rear yard • setbacks, maximum lot coverage,� and expansion of a nonconforming structure� in an RM-2 zoning district for property located at 435 Fairview for the purpose of maintaining and expanding an existing solar system which was ' originally built without a City building permit; and . WHEREAS, the Saint Paul-Board of Zoning Appeals conducted a public hearing on September 27, 1983, pursuant to said appeal in accordance with the requirements of Section 64.204 of the Legislative Code; and WHEREAS, the Saint Paul Board of Zoning Appeals based upon evidence presented at the public hearing, as substantially reflected in the minutes, made the following findings of fact: 1 . The property can be put to a reasonable use under the strict provisions of the code; a "solar unit" and garage could be constructed on the -parcel and comply with Zoning Code requirements. , 2. Any hardship is self-created since app.licant constructed the "solar � unit" without City building permits. 3. The variance for the "solar unit" and garage is inconsistent with the intent of the code to prevent overcrowding, impingement on adjacent property. owner's rights, and the expansion of a nonconforming structure. 4. The proposed variance would be of substantial detriment to the neighbor's supply of light and air, and property values since the - request is to construct 1 '8" from the neighbor's property line. 5. The variance would allow the expansion of a nonconforming structure in violation of Section 62.102 of the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that the variances of the provisions of Sections 61 .101 and 62.102 to allow an existing "solar unit" built without permits to continue to exist and to � be expanded with a 28'x 25'6" garage resulting in a south side yard of 1 '8", lot coverage of 44%, a rear yard setback of 20' , and the expansion of a nonconf orming structure be denied for property at 435 N. Fairview. moved by Ms. Summers secon�ed by Mr. Ki rk in favor � again�t � SEE REVERSE SIDE FOR: TIPiE LIMIT/APPEAL/CERTIFICATIOFa ";ailed October 31 , 1983 ' • � � �I= �'�(-�/d PHILIP L. HUEBENER (y9455) TIME LIMIT: PJo order of the Board of Zoning Appeals permitting the erection or alteration of a building or off-street parkinq facility shall be valid for a period lonqer than one year, unless a building ' permit for such erection or alteration is obtained v�ithin such period and such erection or alteration is proceeding pursuant to the terms of such permit. The Board of Zoning Appeals or the City Council may grant an extension not to exceed one year. In granting such extension, the Board of Zoning Appeals ma,y decide to hold a public hearing. APPEAL: Decisions of the Board of Zoning Appeals are final subject to appeal to the City Council within 15 days by anyone affected by the decision. CERTIFICATION: I , the undersigned Secretary to the Board of Zoninc� Appeals for the City of Saint Paul , Minnesota, do hereby certify that I have compared the foregoing copy with the original record in my office; and find the same to be a true and correct copy of said original and of the whole thereof, as based on approved minutes of the Saint Paul Board of Zoninq Appeals meetinq held on Se t mb r 27 1983 , and on record in the Saint Paul Planning Division ffice, 25 W. Fourth Street, Saint Paul , Minnesota . � Mary Dieveney Beseman Secretary to the Saint ruui Board of Zoninq ,4ppeals . ; �,� ��_ �� . . � � � ' I _ x.. .. .._._---._.._..� ._______ � � --- �,, ��,.. � � '� �. �,\ � . 1� L L� }' � / _ i � ��,P s f' � 7'C /�}r f�/rr ' � � , .\ � o� �-o ► { S' r7� � 3�� e l � � � °� � � ! � �` i —, �—� � � � (�.�. ...� " �1 �C} . � � � � Z � o a � � � r �'_� q�� , �.� � � . N -- � �� ' �, � _� .. ,�� ; , - � . -� . �. �-, ( � � � � �� <� � � r.r.� . ` ' -� ' � ,r ,� , � � � � ,�; � � � � � � -� - � �� S � � � i i ' �go►� ; � j i I � ^ f , �a�' ! ; ��, �� ' � �� < �-� ; . ; � - � I � . , � I ' . � � � - . ; � 1 ; s � '{,J,c�r S � �7 !' `a,/ 7. � i{ � � L"✓, :i , �� i c'F '�/ � ( ` - _..�. ---- — N, fiAl KV � � v�1 ___�_�l �� c.l��..� ; � _ , �� f-�� ' ,<<,�`°'o�, . � ', � ' ; � ' CITY OF SAINT PAUL ' �DEPARTMENT OF-PLANNING AND ECONOMlC DEVELOPMENT , s �e � - Z� i 1ltii111�� : . , ,,• � DIVISION OF PLANNtNG 4�y� �.•� _ . . . 25 West Founh Street,Saint Paul,Minnesota,55102 GEORGE UTIMER 612-298-4151 M11YOR . October 28, 1981 Albert Olson, �ity Clerk � Room 386 City Hall St. Paul , Minnesota 55102 . RE: Zoning �File 8979 - Philip Huebener � . City Council Hearinq: November 5; �1981 Dear Sir: This letter is written in response to the appeal of P_h_i__l_i,�H.u�ebener to a decision of the Board of Zoning Appeals for variances of setbacks, lot cover.age, and minimum lot size in order to maintain a solar installation . constructed without building permits. Tfie property is described as 435 N. Fairview (West side of Fairview between Feronia and South St. Anthony). On September 8. 1981 . the Board �f. Zoning Appeals conducted a public - hearing. _ Two n�erso_n5 spoke in opposition,one of whom was the' owner of � the property adjacent to the soutfi; her primary concerns were the detrimental effects on the value and use of her property and the unsightly nature of the construction. The Board vntPri �_ tn D to deny the �rariances based on findings that (� Lack of physical basis: a more efficient solar system which would meet �he Zoning Ordinance standards could be built on the site; � liardship was self-cr2ated since the applicant did not obtain building permits; 3� The variances �would detrimentally affect the neighbors' property values; and 4� The principal structure is nonconforming and therefore the Zoning Ordinance profii6its its enlargement. This appeal is scheduled for November 5, 1981 . Please notify me by November 4, if any member of the Council wishes to have slides of the site presented at the hearing. A member of the City's Energy Office will be availabie to respond to technical questions concerning solar installations. �. T�'�� ku.c.Ft�' Sincerely, � �a �.�� SG�V �c C�`�� • Donna F. McNeally � ��,� M�� .,�� Planner - Zoning — ��'�� . DFh1/mb attachments � ,WMITE , � CITV CLERK � � f'.NK - FfNANC6 � L � ` j � COUI:CII � �� CANARV �+ �EPARTMENT ' � I T�'� Q i, �..7:1 I .,�T 1't1l.i L BL'_S - MAYOR ' Flle NO. .� J�'S � . � C e�l Resolution �F �y-��° Presented By Referred To Committee: Date Out of Commiitee By Date WHEREAS, Philip L. Huebener applied to the Board of Zoning Appeals for a variance from the strict application of the pro- visions of Sections,61.101 and 62 .102 of the Saint Paul Legislative Code pertaining to. the required side yard setback, ma�cimum lot coverage, and expansion of a nonconforming structure in an RM-2 zoning district for property located at 435 Fairview and located on the west side of Fairview between Feronia and St. Anthony for the purpose of constructing or expanding an existing solar heating system which was originally built without a City building permit; and WHEREAS, Following a public hearing with notice to affected progerty owners, the Board of Zoning Appeals by its Resolution No. 8979, adopted September 22, 1981, denied the application for variance based upon its findings as follows: I) There exists no physical bas�is for the request for a variance, in that an efficient solar system could be built on the . lot which would meet the zoning ordinance requirements . 2) Any hardship which the applicant would incur was self- created since the solar system was constructed without City building permits. 3) A variance would be of substantial detriment to the neighbors ' property values inasmuch as the request is to construct the structure within l ' 8" of the south side yard of the neighbor- ing property. 4) The principal structure is nonconforming and cannot be enlarged according to Section 62 .IO2 of the Zoning Ord�nances . courrc��tE;v Yeas Na}•s Requested by Department of: Hunt Levine In Favo[ Maddox McMahon Showa�ter _ Against ' BY Tedesco Wilson Form Approved by"'Cit� Attorney Adupted hv Cuuncil: Date ' � ��/j_ � � CerttfiE�d N�sSr�d by Council Scceetary By . � . ..� ; . , ;/ . . ;j . ��;�Fn.�ed f�� iavur. Date _ Approved Fiy Mayor for $ubmission to Council E;. - - - -- _------ ___ — -- BY --- -- - 'XHIT•� • CITV CLERK . . .. . � � r j � � . ,P+YK .- FINANCE !� ` ` I� COUi1C1I �� _, � � GANARV - DEPARTMENT \� I T 1 O'F SL�_ I -\�T 1 +�L1 L � � BLU°. • MAYOR � � , Flle NO. � � - �ouncil R�solution �� y�'° Presented By " Referred To Committee: Date Out of Committee By Date WHEREAS, Pursuant to the provisions of Section 64 .205 Philip Huebener duly filed with the City Clerk his appeal from the determination made by the Board of Zoning Appeals requesting that a hearing be held before the City Council for • the purpose of considering the action taken by the said Board; 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 conducted by the City Council wherein all interested parties were given an opportunity to be heard; and WHEREAS, The Council having heard the statements made and having considered the variance application, the report of staff, the minutes and findings of the Board of Zoning Appeals does hereby RESOLVE, That the Council of the City of Saint Paul does hereby affirm the decision of the Board of Zoning Appeals in this matter and does hereby concur in the findings made and determined by said Board, and further the City Council finds that the variance could � not be granted without substantially impairing the intent of the zoning ordinances and without impairing an adequate supply of light and air to adjacent property; and, be it � FURTHER RESOLVED, That the appeal of Philip L. Huebener be and is hereby denied; and, be it FURTHER RESOLVED, That the City Clerk shall mail a copy of this resolution to Philip L. Huebener, the Zoning Administrator, Planning Commission and Board of Zoning Appeals. . � 2 . COUNCILIIEN Requestgd by Department of: Yeas Nays � Hunt Levine Itl FBVO[ Maddox � McMafion Showaiter Against BY -- �- wilson , , JQN `, g 1982 Form Approved hy ity,�Attorney :�dupted h�• Cuuncil: Date r �. ! ,'` // � � � ' /��'" �. Cert�(��•d F' �. .�yd by� Counci . cr t��y BK ; . �� 1 �, � r� B�: _ �� . ' ' � ' :�F,�,,.�,. •,! hy ti1.��or. Da _�_ I!I Z 7 1�2 _ Approved by 'Wayoc for Submission to Council B� _ � _ BY — ----- -- --- � � G/�- �c�- �/� city of saint paui - board of zoning appeals resolution zoning . f ile number 8979 date September 22, 1981 WHEREAS, PHILIP L. HUEBENER has applied for a variance from the strict application of the provisions of Sections 61 .101 and 62.102 �of the Saint Paul Legislative 'Code pertaining to the required side yard setback, maximum lot coverage, and expansion of a nonconforming structure in an RM-2 zoning district; and WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on September 8, 1981 , pursuant to said appeal in accordance with the require- ments of Section 64.203(a� of the Legislative Code; and WHEREAS, the Saint Paul Board of Zoning Appeals based upon evidence presented at the public hearing, as substantially reflected ip the minutes attached hereto, made the following findings of fact: l . There is no physical basis for the variance; an efficient solar system could be built on the lot which would meet the Zoning Ordinance require- ments. 2. An.y hardship which the applicant would inci�r was self-created since the so i ar sys�em was cons�ru�teu w�i t,i�uu i, bu i i u��iy peri�ii Ls . � 3. A variance would be of substantial detriment to the neighbors ' property values. 4. The principal structure is nonconforming and cannot be enlarged according to Section 62.102 of the Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that the variance of the provisions of Sections 61 .101 and 62.10� to allow an existing solar system to remain which has a south side yard setback of 1 '8" and total lot coverage of 33% and which constitutes an expansion of a non- conforming structure be denied for property described as 435 N. Fairview. m ove d by Mr, Woods Decisions of the Board of Zoning Appeals are final subject to appeal se co nded. by Ms. Summers to the City Council within 30 days in favor by anyone affected by the decision. 6 against o ' ' . (�r= �y-3�� MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS IN CITY COUNCIL CHAt�lBERS, ST, PAUL, MINNESOTA, SEPTEMBER 8, a981 PRESENT: Nhnes. P1orton and Summers; Messrs. Grai s , Ki rk and 4loods of the Board of Zoning Appeals; Mr. Segal , Assistant City Attorney; Ms. Lane of the Division of Housing & Building Code Enforcement; � Ms. Beseman, Ms. Daykin, Ms. P1cNeally, and Ms. Von Mosch of the . - Planning Division Staff. ABSENT: Messrs. Osborn and Peterson. The meeting was chaired by Gladys Morton, Chairman. PHILIP L. HUEBENER (#8979) : Side yard setback variances for existing solar heating system bui t without a permit at 325 Fairview. The appellant was present. There was opposition present at the hearing. t�(s. McNeally showed slides of the site and reviewed staff findings with a recommendation for denial . No correspondence was received on the matter. Philip Huebener, explained that the reason he built the solar system where he� did was because there originally was a 16 foot high dog kennel there. Another reason is that the closer you are to the house that is going to be heated, the more advantage you can get from the heat that is absorbed. He stated that where it is currentl�y located, it will give the best heat at the least amount of cost. If it were constructed straight up and down, he would nct aet as much heat off the collect�r as he presently can at a 63� ang'le. The shade from the house wouid shade it so mucn more tnat it wouid � be prohibitive to help him in that manner and moving the structure would just cost him to much many and he could not afford it. The solar collector has not been completed but �lans to finish it some t�ime in the fall . He presented a letter from a resident who previously lived at 429 Fairview stating that there was originally a doq kennel on that site and in 1973 the appellant constructed a solar collector. Jean Rice, owner of the building directly south of the property in question, spoke in opposition. She expressed concern with the effect it �ould have on the future selling of their property and� questione� whetfier it was closer than 1 '8" to their property line. She also corrunented that it was an eyesore . to the area. Larry Giden testified that where the solar system is presently located, it is an eyesore for everyone in the neighborhood and s�ated that he did not think it was constructed properly. Mr. Huebener corrunented that the structure will be covered with siding so that it will look like the 4-plex. � Hearing no further testimony, Ms . Morton closed the public hearing portion of the meeting. Submitted by: � Approved by: , , � �' � ; + �,�� - �;.i `-{�� - ��v"Jr�-� � � J . �-�. ' Donna F. McNeally Gladys Mortcfh, Cha�rman � � j�t 1 �,Q� . � � . � ' ' � �I/- ��-3id �� _ � , � . � • �� t " � . �, CE��L��d!'Tl( C��Cl�, ��t�. . �-y � 645-0349 • WILDER AT SAINT AN7HONY • SAINT PAUL,MINNES07A 55104 � �F �° � ��' �`('� l 1 ,f ;,,1 1 � ��`' ,y4 �,,L� `� L ''y 'L i� :�ti � �� ` �I�5 November 3, 1981 .-,, �� .. `ti�:-'� ' ' �- r ..t `i� ^.Li:`��+1% ' �,}`�� DL��I�i� \3 T - Ms. Ruby Hunt, President ��'^� `- . �,_. St. Paul City Council � , � , 7th Floor City Hall St. Paul, Minnesota 55102 Dear Councilwoman Hunt: The Merriam Park Community Council's Housing Committee considered the appeal of Mr. Philip Huebener, 435 North Fairview, for variances to reduce the required side yard setback from .9' to 1'8" for an existing solar heating structure. After much discussion with Mr. Huebener and some of his neighbors, the _ Housing Committee voted to recommend denial of Mr. Huebener 's appeal. � The committee's decision was based on three considerations: ' 1) Mr. Huebener had not applied for the necessary building permit. . 2) The neiqhbors to the south were strongly opposed to the structure's ' proximity to the pLOperty line and the possible futuLe limitations on the planting of trees, or building of a garage on thei= property. 3) The solar collector was poorly constructed, and appears ! hazardous. � If you have any further questions, feel free to call me as the�Housing ? Corr�mittee is not able to se�d a reprzsen�ative to the November Sth meeting. Best regards, �� Molly d ourke Corununi y Organizer , . j CC: Donna McNeally • I �r ��-�i� � . � 3979 � ZO��ING STAFF REPGkT t � 1 , AP^i_iCA'�T: P�ILTP L. HUEBENER OP,TE OF HEAP,ItdU 9/8/F1 2, . . . . . . . . . . . . . . C L A S S I F 1 C A T I 0 N . . . . . . . . . . . . . . . CURRENT PLANNING & ZONING COMMITTEE BOARD OF ZONING APPEALS Rezoning ❑ Variance � Special Condition l�se ❑ Administrative Review ❑ Determination of Similar Use ❑ Other ❑ Change of Nonconforming Use a _ Other 3. LOCATION: 435 Fairview (West side between Feronia and St. Anthony) . 4. LEGAL DESCRIPrtION: Lot 39, Union Park 5. PRESENT ZONING: RM-2 ZONING CODE REFEREPJCE: Sections 61 .101 & 62.102 6. STAFF INVESTIGATION & REPORT: DATE 8/31/81 BY Donna F. McNeally A. PURPOSE: Side yard setback variances for existing solar heating system built without per—m t B. PARCEL SIZE: 50' on Fairview x 160' = 8,000 square feet. C. EXISTING LAND USE: Four-plex, 2 commercial uses (printing and solar construction) . D. SURROUIVDING LAND USE: North - 6-plex (RM-2) ; University Avenue one block north (B-3} South - Single family (RM-2) East - Telephone Company building (OS=1 ) West - Single family (RM-2) E. ORDINAPJCE CITATIONS: Section 61 .101 - Side Yard Setbacks RM-2 normally requires side yards of 15' ; however, the existinq structure is set back 7' , so that the required setback in this case is 7' . The applicant is requesting a south side yard of 1 '8" . Section 61 .101 - Maximum Lot Coverage RM-2 allows 30� lot coverage for the principal structure; with the solar system, the lot coverage is approximately 33%. Section 62.102 - Nonconforming Structures RM-2 requires a minimum lot size of 10,000 sq. ft. ; the subject lot'is 8,000 sq. ft. Nonconforming structures may not be enlarged if the enlargement would increase the nonconformity. F. BACKGROUND: According to Building Department, the applicant built the solar system without building permits; an inspector discovered it while in the field. G. FINDINGS: 1 . There is no physical basis for the variance. A solar system could be built on � the lot and meet the Zoning Ordinance requirements according to the City's Energy Office staff. 2. The applicant's hardship appears self-created since he did not apply for building permits . 3. The solar system would be of substantial detriment to the neighbors ' supply of light, air, and property values. St. Paul 's proposed solar ordinance would not protect Mr. Huebener's solar access ; he would have to apply to the Planning Commission for a permit. As part of that process , he <<rould have to prove that the solar structure was built at the least restrictive location (to his neighbor) . 4. Since this is a nonconforming structure, the Ordinance prohibits its enlargement. .,. :; Certificate of Occupancy has been issued for �� residential uniis . There are aiso t��ro businesses in the bui•lding -- a printing shop (nonconfoi;ming) in the �aser; ��r�t and a solar constructi on fi rm (f�oj1:e occupati on) . � - _ . �r- �� 3�a PNILIP L. HUEBENER (�8979) STAFF REPORT Page 2 H, STAFF RECOMMENDATION: Based on findings 1 through 4, staff recommends denial of the variance. , � z ' ... ,� Z'.; � � �� '� _._ a'�..:w AP .e"'Xi3�'k->+' -� a'y� ,,'''{ . . � � _ t -Y�`3F �'` {' i t� 'i` q "� ' `h t � � +'�w.�� r- -'�� (� � :..,-w�/:� ne''�`^'�e . l i 1 ��J� )# �i�$� a �-%S . ��,, .� -'as :��F41Q " `.�.,,,t��, 1 � �'-�r' �'�" F�`�'�`�. �»��"^��j �, � � . * `� s ':y'= ti�.��I�� `"` d�' �^`.� -- ,� :�. ,.� _ 4.... - •:� z sXt ` ' ` � . i a`�� -;,� f.� ,K'K-`"•,"��.� ��.�t �� . � + e�i� y c�.� f':. °y" _ -��.� ,. ��:. �r t� .�-� � :.wa ya:#..,,.h,• ,y,'3 'e-t,�, N °T.A y. �i ..� �.� _aya.T-:4•• . s�r'�. .a.. ; � � f y T L 3a`%'K�`�3��O ��` � �(( �;� ..,,�. � §,� �+ � &�:.,. l�1} Y 4��w .�-a a�.-� .•,'.�^�i.�r�i.�y, �5..:�'� '�.... .f �. (n °-'r M! E�'. .. ;`ft v��:- � >> ,`6t'"_".a�•1 T `��x�`�'ai r••r� _��,a �,. " r � C` � Y �x � ` �y yy f p'�; �� . � �•� ��.�. .�" � -� � �} t .� h�. �t.��.�„'� �1i'�,��"Y�+Z.l.'�;}tt � � �L i�r .%c � . t 3�. ��!��,1�•S� a�r+{ L�_ � � � . � ._ � �, , � s.`�a. ��` ��.4., ,�, j�� - � � � "'t'f i{ , �`��' �' � t' . � . ' ": -�,f._... . Q � � � + - � �. � �z _� �r_' , . � � p�� t � ' " , G, . . � '� . �,. �4 ' •� , . •.r.' - . 4: :4. k�-�� '�t 1�► . ;: - •; ; �{ �- I� :� . ..�� ► _. �.\� � ��•''��` .- = = _ �� , �sr : � �L ... '�,� '�� . �:.- � - � . . � �. ��I i��,��' �� ;' � � `�y�r' , � �. ,' �� ti - - . � � . / � s . � �� - .� ,� � ;�� :f�. � � ► _ `, ��.��,�,� �, � �� ,:�� _ ! �� 91� � :�. �.- _ _ �, --- , ,.. : . .. �--_ <_ _`...., � _ __ _ _ --- .. _ _ _ __ _ - - `- - : _ � . � � r— � , ��.. �. ::�. -.. _ ,�,_ -. � nE�'��- i �� " �� - `� . ,�,,...�; - � � ° �i��iQifd��$1lt�'' T. Y•` .. ,�'�"�`t�C,s �� , ; � �?r.'ti.��. . � � �� _ .... . �� ,. � _ - i � . _ � � , s ' s-c.'` �,. „�e, - - � - � •a,iJ�l�r s+cei.� ,. � : j � b R� �� i �� Q '` a Y.n,.°'k:-�'Y''�''�v�- ��' , , - � t ' ' �� ,-,� ,.�?„�r � "" . . � 1 - _ i � . - f �' � S �Jtti'�a7"s` • _ . - " r r - - � '. . � � .J: s ' . ,- � � � � 3 ,�� : � ; . � .,� .;� �, � - ` __ - - ,,�� ' �-� . _ � ! . ,.. �� .-4 e ; � . . , � �M._ ,, �_ r ,,� i :--� � , 4 � . _ ti��f� -, i `�� Y _ �� r _ , `,� � 'Q )'��. . 1 ^ . M: 4� �� 1� . -,�� .'. �. �*7s' � .��v r '1�' . y t' �� ~�y _ � � .� � ._'�_"- - � .l _�_.'___'___ � ��'3� � M: � � � ; �__��'��-�� g � � �� -:� �- -- _. . .� ,�r, �, �,.,�,�-�; ��= --- � '�� x � .. ¢. ,�." �' :.�� r.�'° f (D .' E,.-�,�y�+� � I -� , r .,....-,,- 5 a � � �` 1 - 0� :�: ..- � - ��.: - ��,�» ��-�. � y:.��a. -�•- � � .. , s�, � �/ - �='� "' ,.' t• �`'"�,'.` � t -A_: "'' ' .. � _ �W ' `, � ~ �I �� i �'� _ � � � � CS� �� ,"/:1 � Y'H �� ''�� _R;�� -�, �� ... '. ,��' . �"a� ,� �.�q � ?„''.�i► � � '4 _ - � � �. � � � � 7 ` rteg� s �c��.� � } �J f T ��.�� 7 1 \7 4 ��. T� 4 !'�A� �.Y� �Y 1 , i�/ . \/i '� � . -�,` .� --. 7�. , . �� ;T/Ww - '1 x�' �� .� ;'� y. „ y._, t��;`�� , i:"gyz � �h;,,,:.�.,r2'fIi .�� Y ! �,�� -- A, �i � � � ��:. + (�,. .� S` �. � �� A�� _ � �i •� � ,,,�� ►� � _ � ;�� , Y�,_ , ,� — �; � � � , . � » ►,s`. � �.-77!� Y� � �`L — ` __._...... � __. .r _ . . . . �� _T ' - - . � n � N :�.. ' � ' _ `+%, ��{ �;'JQ ��,! C � � �`'��'��• N��i�� 1�s{��'�ti..� ' � � V .. i i .�.� � Q� ,. Y�� '_� . �� 7 � � � , �,,��. ; � •� a � ��+ 4�.�R.r�; i i � � • � -� � � ' � �'7 { 1 ,g�oy,r a � T (�• F�/ t;s 4� ��f '{- a^ �\� v�'�' ��i _ _.. .�. V./ ` � ' � .�.� -�z �mr � �'� �`-�� , (p 7� ��l�*.�tt�,. �,r;i -.�iA�.^� �, � � � �+`r��+.��•t';�}.t� i��' .sr .�.-- ` � w � _ , hr s s^l.'g rt �''F'3 r�. �"'i�v�r'- � .' t n "'�� r ' • .�"'a:'. q €�� ,,"+„t;I"'ty.- �� L (� .... , .�� . .-�,, �"'�"-.» _,��. � � 1 1 �� '># � rr.w.-,.. � /'� � �M .,. . w �a,��`✓w�.�.4 . � k . • � . � � v : �, . --� °Q .� �; ;� �[�"�,.►� r:� � ` ,�i,e"! �; - f�' ' � ��f �� u � � k � r_ . t '#� �`r�i) -{ \d �,,, " `� R a � Rt e' �.. f,. - �`,� !'i. � ( .,,.�i �'.1 s , � R ) .".- . �, _ '3 a A :, �.� . ' € y� ,)� ' . � � '_ S . - d � :r ', ►�'_ : . . �g . � v i�-h � `-� � �-�;- ��"; ' • - -- ..��-�� _ '. `�" ' . :� 3��::..'` � _ �'v'1.��tLC�'"3,,�—'�\ c% ��^ �r_(`.� � — . r �j_"(� ( ^y J� / �� . � � � � G�� 'y=3�o ��: �. �-� r ----- . �� ,� � 7��_ ��J . j- t �� *�„`- �.i �!I�/ _; ,,J �,� �, . . � ��, _ -. _ . ` - - - - - - - _ — - - - - _ _ � o�,�� _t . - � r,�2.L.��- _ .�,� � _ . . a __ . .. :� - i � .,� � ��.� -- � � .� , . � . N �d;': �_. . . . .. � �I! . , . ' � � Oo � �- �-� / r— � � ) � j� �'..11✓l.�w�..-�'-'1r ,��a � . . . . . . . . . � .�� g ) _ � �, _ ;� , °! . S a`' ` � �� --- v � � ��e�`�� r� . .�� . . •� � , �,�. 1 -� � ,� `i�� - '� � , � . � � � . �� ' ��R,�. �- -a...�.�- 6-- �``� C.� � �' . . . , . J . � 1 � y . _ / �a;r�i�,� �� L;o �,�I � r'��,� �,.r � � . �-- - �'�' � � }� � �—^� � ' �_ � i c� � � _.�,P �,/��. , � � � �C' �� ' � � _�J-; _ _, r� � � � , � � , , , _ � , `A — �, n � �1_ i � � ' :i , -w `��—� c -aaa....� \. .�. _ - ' � , ' _..y � ' � I � � _ ! �',,,� ' , '`..,,,. ,-+a::.-.. � T�. . ' �...� �p ' '. ' � ' \ �..%'1 � � 'y �' i�/ �. � �� ' , '��-;._ �i..°i�1' I�/ 1 ' I 1 � � ...,�� ,ww..�t�1 IT .� . -- ��- ,� , ; o . � � I , � �! i L`d� � i i � � 1 I. °��`a..• ::'.�..>- � i�i � � i � 5 � . ' � , ^, I , i �i� i � � I I � � � 1 I�� t i � � � _ - � � ^ ..w � � . " �,.�.: _. _.. . — h,: . .;., ,..,.._... ,w.iwa....w.«�J,. _ -'.. . . `� F _ _ _ � q � I � �r y � � �e - �, o � o . � �� A� o �r ,0 � . o 0 0 � - -rj � � � __ o o -�- o , , �� ° d -- � Q o 0 0 � � o �`�` � '" � � o ° � �a o w � _ - -a o � � o ° w ° � - - ° � ° � � o -�- o � o � o � o �� -o- �- -¢- ' " S H I E L D S 5 � � �o a � o _.,� o 0 0 o _ _ ' v � � - -o � _ o �o i/� Jr � 5 7 � -O- Q p I¢ � �„� _ � � � .� - � p � � V 0" p Z O O _.._. O 1 �:.;::: �` p -o- � p O O � O � � �,'�::;:.:��;:.:;:�:�::��:::�::�.:.. � V � � s � ::�:::::_�:`:';;::...._:. O � a O ' i W I 3 � ¢ ¢ ° � ¢ ¢ mo � � -� o � 5� CO � - �� .�� . � �� , x, � . _ �-�� - - ,� I - 9 CO D ��:�. Q �`'�;:::.:�`' �`' �'' �� 6 � « z � - � �- O � oo � v .., _- �- o o �� : �: � I �•,�.::•,:��;�.'..:".:'..', :q�. ;�,. Q � I � � � ��` �'�. Z I I � t� I � � °%; :. ,.��.: � °I �:`'� L � i� I_ _ �ri'��:::::::::::.:.::. �...' � , � ; s-.' .�'� � i W � � , ; � � � q � � (� (� ¢ i � Q � � � � � � � �� ¢I� �� + � �� r i `i z'g � 2� � � O O Q LL , � ! ' ' � O O O� �� I O O O:IDI� d o�nlr, '_ _ � � � ,�.�• ., i f�-1b 1 � . AREA MAP ' LEGEND APP�ICANT �� I � L• �I e bene r . — — ZONING DISTRICT 60lJNDARY , . ��LLl� SUBJECT PROPERTY PURPOSE ��a� � - O ONE rAMiLY r��vha�NG � D:STRiST 9�5� TWO FArJIlLY �� FILE No. � �� q � � o -�- t�ULTIPLE Fat�I:�Y j U�T€ . S @ � n ' ��-- � �983 co��r��c��;c " ';-�'---`�� . c.�w. �;;;. 1�'J u U S�N I�,� P.'�,�� .:� � '. c.�;=:Lc: ! _ �00 NORTN � . . . - � I � � � � �� ,�-,3 i cJ We the Lnde�si�r�,ted aks thoi'tha St. Pau! City Council grant tfie requested voriences for property improven+e�t ot d35 North fairvi�w Av�nv� in St.,Pau1, Minnesow. Nobody coinploined bock in �liWA 1973 when Mr, Huebener . tonsltutMd�is solor strtictu�. M�, Huebener hos:since t�ied to improve his proprrty by +NBAiii�fiA cddin��sautifui sid��aad trlm. This is wfiot he will do to his addition when completsd. . He is the first one in our nei�hboihood 'ta.cdd scla►to his property, ond one of the first to make improvements in'recent rears on our block. �Ne a�e all , neighbors of Mr.'Huebener cnd agoin ask thot his requested va�iences be gronted. Nome of voting citizen Addeess Phone � — -- �-z---- - -I;� / - - - _ .- - -___ . _. C� `'1 � `�� -- -- _/S- � .__,_� ' z� - ..-- _.._. � -� - - - - -- - - . _ _ . _. , , . � , _ � ._ : �vn�,,,,,��...-- -----9--._7'L � __ � �- � s�s JD 41-C. �d � �lo - �'rr'�D ...� ^7 _ _ -- --- _ _ _ .'�,.� �10• �Q!�J� ` ,�U,c.e� �6� �'c� ' /�- �� 6 ff 7 s:s— . _ _ - - � - -- - - . - . --- _..,_ __ . � �,.�► _ _ 1 �� e �-�� _ - � �y �s� ��/''`'i .. , . ,, _ _.__._ _ . . __ _ __ , � I� ; __ .. .. .,�--:. �- .��---� - ;__�y� __ .x�c,��_ . . _ _ .-- __ � �s � �..� ° _ . __.__. : _ /�� _ _ _,6'y6 �G'6�� __ _ __ .. . . _ __._. __.. � ; � g�� , / � 11 _ _ . . ; � � 6�� _. _ ._ . . __ . _ _ . _ , _ _ .�� __ . .._ _ .j�-� � - :. _ 4�..__.��-h.�, ( �t s�o �t-ro�-� �-_ �-�-e. � __ �i��-ao�`3 ._ . ` 1'`0�J �Li�� c ��I� 4!� .._ . ��'�""j- 1 j'� �' � 6 yG �6 S"d' _. , _ � ��ZL�' . ��.3 � �� G � `�'°`. �C 7 g y� ; � (� � � � , �3�i2 1..�. ��n✓tC'�� 6�S 'r�(l� �M.rt-= �`-��- 11 �a . � � { , � ; � i f i � . ; � . ' ! i , ; � j I ' i ; � . ; , � � _ � �r f� ��- 3�v � � %rl�� I1 e,u-� �,� �Y o �, �-1-� .•� � � e S0 � �l f✓� ��'��' �vc�'° �O�h �n ��"�A� � �� ,� ''�' ` ��,� � n � 9' �. � -�r � l��-��y �v i T-f- l' �� s �'� f� � � ` �a � 1- ��-�c�� Qri� h � � o �' �,� �-��, �� >'� � ..� ��.N '�" ��'�' �r� � .,_y � y � � --.�� . , �' ( ( D� � �jG �.°l� � � _ � �°-� � �i ' '''� � � �� U'C�, {- 1 Q.�� .� l"' � �-ca� �h � ,��' f,�� v �' v � � � 4 � i` �- , � a�r � � , � n c-�� .� � - -�o I 1� �' � � t � � . � � �� - � a � ( , �� o� ��'e� � o , r �� a� �� , y� � �e * � �Q `� v, � � c� � � � � . � ~ . �.�-- . . -. - ------------- �� C�= ��(-.�i� _ � _ ., ,k . �� . .- , . . _ _ � ____------}_ - � � � , t�_ ;,, . ..� - �,; �.' �'.. -; . _�,....� - , � � ; _l , �_.� _: � , � �.�M , , . , _. rc .. � _ ,. i • 1 � � �� , , � , �x,�s-� f �g L�/.� � � � /t� l I �r �� /�, � � , ,�'-� �. o , � , ; �'�'Y � a �� Rts�F� � ' 4"�,,,�� N�J� �� 7,'� / � � � �x i j�'�'ng i , J�' -{�,�,.I �,�/� � _ � �' �r��V �.�; � C�� .a ' r�� ! I ��' �� a �1 � �` �1 � , ' ' I � .�--� � � --r- ' `� ' -�.. �'� -T� '� _ � .. ` � � v � �c, , � w �'*� �� :,',� a ?C ' ? f- � �` - ��i''1 �: , f� Y'� � � � - � } � � ` ,` � � � i I .. ., i , '� ... , ,. �� ,. , j W, ��j i X� �� ,t I � : l - i ,a . � s� `.�,, � } c= � � �': ,,� . -�- C . . � '' � �" I � `_ p ' � ^j i-.. �, � i r` .,:,, ' � tir--- 1 � `�� ' s ;�. -� �� ! �;_ � _.. � � ^ , w " I 's � �7 ' ( f I ;. 1_ �� ! I U i � , i ; , .� � ,.� -,. � � ; 'i ;t I � ' � ' � l! S�N�L . I `, l � r:f.. i � •� - � ' I '' T j—� � i :` . � _ i � ;� � � f `�. 3 � 1 _ ,�_�n , ._.._ (� � i � 1�'� . :, � � � .� �� ' —� '� ' � Z-� , , � �:� �. � -'' � � ~.-- w i _.a � � < � 9 ,=`� i T � � � _$ � ; "� � � � � � �� w� � ?� � � i .. .. . . ,� � ��-� i- i � . . ; i ; ; f_�`:.` � � � - 1 � z�l� ' ��/ I >f� �V`-' + 1 I � � .�..�.�--. i i � ; I � � I� ; 1 ; � � � j � i � ! � l i i � '.. , � _ .��._�_._..__..�._ ' — --- - . ��_ .,,.,,,,�,,,�„�,�:. i ' ';I .�.�r; �. s � _;�.•'+,� � ! !ti � � V�/; o�, .�i c�E w .i7 (.k ..�--,-----. . __.___.___._._--- _,.__._.._.,_._ �V, fia, �� 1 �a v �; _ j, : . - - _ ; ' . - � , , � . • i _ . . � . , �►,F- �py�,��a � . � I!' . _ ` � � , , ' , � r. . . s � � �� . � i t . . �. . . . . . . . . . . . � , . _ � . . . i� . _ . . i. . , � . . . � . ��'. � . . -;:,.�;�� . . _ ..,. :,. .� . . ' .. . / . . . . :' , � .:. : � � , �. ��. .-. .. , . . ' . : . . .. . . .. - . '. . - � . . , . . �i� . • , .. �� . � � . � . � � , � .. . � � ' � � .. -� . ` i - , ' � , . i i . j " -� , r � �., ' . , � ,. . , . , I . ; � ' a � . F. • , � � �, 1 �� . � ., i � .... . .. :' . . , . ` , � r ► _ � .. � , , - � . ' ' _ � F �. �. ' . , ' • /'�I� i , . , � ,, , �, No�►a�mbar 17,..1983 , . �� . . ,. � . ; ` r � . � . , � : , , ' ; �q �ofmiclL�a Rof�ert �►l.atcher � '� , irmsA, 'Citq D�av�s3:ops�nt & T�anaposts�ioa Qoa�i,ttee � '' ' � 722 - � � Citi� A�i12 , ' � ` . � ; � . � � � . � .; , , . , , : , ;: ; I�r CQunail,nan, Pletchar t . . . , . . _ , , ' The Citq Co+mci}. tcrd�ty held a public t►�aring on .ths,apPeal o� {� . �� .�� Phi.lip Hv�ebe�ner Co e Board at �oni�g ApP�81s decisian for� . ' - , - , , ' property a� 435 N. F�irvie�r gnd the hasr� ;raa-stoncluded artd � . , . � Che auEtter v�s referxad to tha City Davelop�lnt and,Tranapor- . � , s.�i . . , . , � . . . � .. tation Como�it�ee fo�;fuxther coAS�.derat�i aad ��oe�nd�Cion. �,`' � :, , . _ _ i, � . �tefcy, truly �y+bure, i `�. . �' � . #� � � �. . . � . . . . �� 4` . . . _ . . . . � �in . . � �- .. .. �. ... ' . . . . 1 � . . �� .tl � s . I ..� /�' . . . . ' _ ' . " . ' � ' .�{76[�� O�SOn. � . . . �� `�� .i� �' � r ' , Cj.�� ril@1"�C ` j�,, . , � : "� '" ' ,� , , ; . r � `i , , � � �i � ' -. j ' `� 'r; AHOFsds�n - , '`� ,_,, ; ,�,;, , " , ; ? .. . �' . , . . , , ; act Pl�aning Seaff. Zd�atu� Sectii� . . , � � ' �t ' , -P , ' . ',,, . . ; ,. , : , . , , ,� ... , �: ; , � � . � � ` . � , ' _ .t� . ; , _ - , , ' ' , ; r , .*'1 _ . , t ; � , j ; - ,#, ' � , . r;. ;. . - . . , , . , , ' ". , � . . `�, � . _ � . , , . � � , ; { 1 J' • . ; � , � ' ` �` . �,��;. � ` � , I. , . , . ', . . � : � ,: � '�� ', ` � } ' � '' rl ..Y ; , ; . ' ' � ;� , \ . . � . r , .. ♦ M { . . > " 1 . . ' . . . . � . � � . . . ��. 1 I . . I Y� �� . _ 1 � .,.... � � . • � r . . \ P , ;. . , I.`.. . '. , _ . . • . _ • � � �. ' _ d. l , .. . � . - -. . . . . �� . . • � � . . . ,. ... .. , , ,. . . .. . � �. . . ' ' .. ' . , .. � . . " . „ :i ;' .��-, �•, .• : ,, " . ., .:�� • " � .. , .�.:. � ' " . .' �� :.. .. �' : . ',. ,•. . . . , �, •- �� . .. � . . . ' �. .. , f . w �.:� �a.J$...�. �, ' ' � CITY OP` SAINT PAUL � �y �/� . +�......'Yn' - OIa'FIC� OF` TFI� CITY COIINCYL l9��R! �"--^"��~ D a t e ; December 29, 1983 CoMM �TT � E RE PoRT TO = . Saint Pau l City Council . F R � M � C o m m it t e e O h CITY DEVELOPMEIV'f AND TRANSPORTATION C H AIR Councilman Bob Fletcher � Appeal of Philip Huebener to a Board of Zoning Appeals decision for property at 435 N. Fairview. At its meeting of December 28, 1983, the City Development Corrunittee reconur►ended denial of the appeal of Mr. Huebener to a Board of Zoning Appeals decision for above property. CTTY HALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102 ,�„ . . � - .� � ��- ��3�� s`�°""°'^'�° CITY OF SAINT PAUL �1TT p�� , -"� =�"� OFFICE OF THE CITY CLERK �� ; . :� �uinm �: ;� u �u �= %,+. �� j'�°"'/ti�"rt , � - ALBERT B. OLSON, CITY CLERK �� • t�L.�..�:...C 'r� ;~ °"�n�m��"�o�"�� ' 386 City Hall, Saint Paul, Minnesota 55102 CEORGE LATIMER �r�t` � � �� 612-298-4231 MAYOR � V CUUNCI�J.l��v k��br:ni r�►:I�CNF� November 17, 1983 Councilman Robert Fletcher Chairman, City Development & Transportation Committee Room 722 City Hall Dear Councilman Fletcher: The City Council today held a public hearing on the appeal of Philip Huebener to a Board of Zoning Appeals decision for property at 435 N. Fairview and the hearing was concluded and the matter was referred to the City Development and Transpor- tation Committee for further consideration and recommendation. ry truly yours, � Albert B. Olson City Clerk ABO:drm cc: Planning Staff, Zoning Section � : , �► '— 8��v �� d�,�'�Y' ' c��4`'rY °'� ' � CITY OF SAI NT P��,UL �� = �a „uiuuiii ; � DEPARTMENT OF PLANNING AND ECONOMIC DEVELOP1�1Ef�T ,,;► "�� ° � DIVISION OF PLANNlh;G �� ^ ,.s• . 25 West Fourth Street, Saint Paul, Minnesota, 55102 612-292-1577 GEORGE LAT�MER MAYOR . _�t.,..�.��t--g s w t Y�:r.��..i�i.�i lv^':� ....� November 7, 1983 Ni�1i — %� 19�3 . Mr. A1 bert Ol son, Ci ty C1 erk t;;�«�•;;��.r,9�� kt;3kK7 F�tiCi�E;� Room 386 City Hall St. Paul , Minnesota 55102 RE: Zoning File �9455 - Philip Huebener, 435 N. Fairview City Council Hearing: November 17, 1983 PURPOSE: Appeal of a Board of Zoning Appeals decision to deny variances of setbacks and lot coverage in order to permit an illegal structure to remain and to be expanded, HISTORY; On December 17, 1981 , the City Council denied (6-0) Mr. Huebener's a ppeal of the Board of Zoning Appeals ' denial of variances to permit an illegally constructed solar heating unit to remain. ' When Mr. Huebener did not remove the structure, the Building Department issued two tickets . The case is now in criminal litigation. The latest in a series of pre-trials was October 26, 1983, with a trial date to be set by the court. � BOARD OF ZONING APPEALS DECISION: Deny (6-0) STAFF RECOMMENDATION ; Deny OPPOSITION: DISTRICT 13 Dear Sir: On September 27, 1983, the Board of Zoning Appeals conducted a public hearing on the variances requested by Mr. Philip Huebener for property located at 435 N. Fairview Avenue. These variances of setbacks and lot eoverage would have permitted an illegal solar unit to remain and to be expanded. One person spoke in support; District 13 and the neighbor to the south were in opposition . Following public testimony, the Board of Zoning Appeals , on a vote of 6-0, denied the variances based on findings as detailed in the attached resolution. The City Council will conduct a public hearing on Mr. Huebener's appeal of the Board's decision on November 17, 1983. Please notify me by November 16 if any member of the City Council wishes to have slides of the site presented at the public hearing. Sincerely, i�u�C�.wl^`ticr��n I�(�j Donna McNeally City Planner DMc N:mw ' Attachment '