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279780 WHITE - CITV CLERK PINK - FINANCE GITY OF SAINT PAITL Council //�. CANARV -4�EPARTMENT File NO•I ��+" BLUE - MAYOR � " f Cou c 'l Resolution Presented By �61r� � Referred To Committee: Date Out of Committee By Date WHEREAS, Gordon Hedlund applied to the Board of Zoning Appeals for a variance from the strict application of the pro- visions of Section 61. 101 and Section 62.104 of the Saint Paul Legislative Code pertaining to front yard and side yard setback for property located on the west side of Parkway Drive between Hoyt and Iowa Avenue described as Lot 5, Block 3, Ufton Grove Addition, Third Plat, for the purpose of constructing a single family dwelling on this platted lot; and WFiEREAS, Following a public hearing with notice to affected property owners the Board of Zoning Appeals by its Resolution No. 9241 denied the request for variances; and WHEREAS, The decision of the Board of Zoning Appeals was duly appealed to the City Clerk and acting pursuant to Sectians 64. 204 through 64. 208 and upon notice to appellant and other affected property owners, a public hearing was duly conducted by the City Council on December 14, 1982 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 reverse the decision of the Board of Zoning Appeals in this matter and does hereby grant the appeal of Gordon Hedlund for a front yard setback variance, thereby allowing a 15 foot front yard setback, and further a side yard setback thereby allowing a three foot side yard setback subject to the condition that the appellant grant an easement over his property for drive- way purposes to and for the benefit of the owner of the adjacent COUNC[LMEN Requested by Department oE: Yeas Nays FletCher �eV1"e [n Favor Masanz Nicosia schetbe� _ __ Against BY Tedesco Wilson Form Approved by C t At or Adopted by Council: Date Certified Yassed by Council Secretary BY gy, l�pproved by Mavor. Date _ Approved by May for Submission to Council BY - - — BY M�MITE - CITV CLERK 2�9,�� C NARV - DEPAR MENT G I TY OF SA I NT PA �l L COIIRCII BLUE - MAVOR File NO. - ` � � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date lot owned by Eleanor Moreland at 1572 Payne Avenue, based upon a finding made by the City Council that Lot 5, Block 3, Ufton Grove Addition was a platted lot existing prior to the codification of the Zoning Code; that the lot is a triangular shaped lot and therefore the strict application of the zoning regulations would result in peculiar or exceptional practical difficulties in the development of the lot for a permitted single family use; the request for variance can be granted without substantial detriment to the neighbors ' supply of light, air, health, safety and property values and that the primary purpose in requesting the variance is not to increase the income potential from the parcel; and, be it FURTHER RESOLVED, That the appeal of Gordon Hedlund be and is hereby granted; and, be it FURTHER RESOLVED, That the City Clerk shall mail a copy of this Resolution to Gordon Hedlund, the Zoning Administrator, the Planning Commission and Board of Zoning Appeals. -2- COUNCILMEN Yeas Nays Requested by Department of: Fletcher � � vin ' In Favor M z Nic sia S ibel `'� __ Against BY — ede co ilso Adopted by Councii: Date FEB � ��Q3 Form Approv d Ci y A ne Certified Y s e Counc� , cret BY Appro ed by : avor: Date F 4 1983 Approved by or for Submission to Council BY• - — BY PuR�.�SNE� FEB 12 1983 ' ' (RETURN TO JEROME_ SEGAL_AFTER ADOPTION)__ __. .___ �!=`��F�y��. _ _ __ _-- — - - - l�r( (Q wH�TE - UTV CIERK PINK - F�NANCE G I TY O F SA I NT PA LT L Council CANARV - DEP4RTMENT BLUE - MAYOR File NO. Council Resolution Presented By Referred To � Committee: Date Out of Committee By Date WHEREAS, Gordon Hedlund applied to the Board of Zoning Appeals for a variance from the strict application of the pro- visions of Section 61. 101 and Section 62. 104 of the Saint Paul • Legislative Code pertaining to front yard and side yard setback for property located on the west side of Parkway Drive between Hoyt and Iowa Avenue described as Lot 5, Block 3, Ufton Grove Addition, Third Plat, for the purpose of constructing a single family dwelling on this platted lot; and WHEREAS, Following a public hearing with notice to affected property owners the Board of Zoning Appeals by its Resolution No. 9241 denied the request for variances; and . WHEREAS, The decision of the Board of Zoning Appeals was duly appealed to the City Clerk and acting pursuant to Sections 64 . 204 through 64. 208 and upon notice to appellant and other affected property owners, a. public hearing was duly conducted by the City Council on December 14, 1982 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 reverse the decision of the Board of Zoning Appeals in this matter and does hereby grant the appeal of Gordon Hedlund for a front yard setbacic variance, thereby allowing a 15 foot front yard setback, and further a side yard setback thereby allowing a three foot side yard setback subject to the condition that the appellant grant an easement over his property for drive- way purposes to and for the benefit of the owner of the adjacent . COUNCILMEN Yeas Nays Requested by Department of: Fletch r� � "� � In Favor M anz c sia � cn be� � _ Against By Tedes o Wflson � rCp � �QQ� Form Approved by City Attorney Adopted by Council: Date !s� Certified Passed by Council Secretary BY B� Approved•by Mavor. Date _ Approved by Mayor for Submission to Council WNITE - CITV CLERK . ��^�^O PINK - FINANCE COIII�CIl „ i) CAN4RV - DEPARTMENT G I TY OF SA I NT PALT L File NO. �' �� BLUE - MAVOR Council Resolution Presented By � Referred To Committee: Date Out of Committee By Date ' . lot owned by Eleanor Moreland at 1572 Payne Avenue, based upon a finding made by the City Council that Lot 5, Block 3, Ufton Grove Addition was a platted lot existing prior to the codification of � the Zoning Code; that the lot is a triangular shaped lot and therefore the strict application of the zoning regulations would result in peculiar or exceptional practical difficulties in the develapment of the lot for a permitted single family use; the request for variance can be granted without substantial detriment to the neighbors' supply of light, air, health, safety and property values and that the primary purpos.e in requesting the variance is not to increase the income �otential from the parcel; and, be it FURTHER R�SOLVED, That the appeal of Gordon Hedlund be and is hereby granted; and, be it FURTHER RESOLVED, That the City Clerk shall mail a copy of this Resolution to Gordon Hedlund, the Zoning Administrator, the Planning Commissian and Board of Zoning Appeals. -2- COUNCILMEN Requested by Department of: Yeas Nays Fle her � �e1"e In Favor anz N osia , s tbe� �l Against BY T de o ilson �EB � ��3 Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY , B� f�ppro��ed by :Navor: Date _ Approved by Mayor for Submission to Council , � �'��"�� . ��4�=[�.s CITY OF SAINT PAUL �oR 'a DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT � wuum , r 1111 I I 11 Q �• ^ DIVISION OF PLANNING '`'��f�^ I�6• . '�- 25 West Fourth Street,Saint Paul,Minnesota,55102 GEORGE LATIMER 612-298-4151 MAYOR December 3, 1982 Albert Olson, City Clerk Room 386, City Hall St. Paul , Minnesota 55102 RE: Zoning File #9241 - Hedlund City Council Hearing: December 14, 1982 PURPOSE: To consider an appeal of a Board of Zoning Ap�eals decision to deny a variance of minimum required front and side yard setbacks for single-family dwellings in an R-3 zoning district. BOARD OF ZONING APPEALS DECISION: Deny (7-0) STAFF RECOMMENDATION: Deny SUPPORT: None OPPOSITION: One individual expressed concern that granting the variance could impair access to their garage but that the applicant promised to provide an easement across the property. Given the easement, there was no objection. Dear Sir: On September 14, 1982, the Board of Zoning Appeals held a public hearing on the application of Gordon Hedlund to consider a variance of minimum front and side yard setbacks required for single-family dwellinc�s in an R-3 zoning district. The staff recommendation was to deny. Members of the Board discussed the physical conditions of the site and whether the lot is buildable. A motion to lay the matter over to allow time for the applicant to submit revised plans passed on a 5 to 1 vote. On October 26, 1982, the Board of Zoning Appeals reviewed the revised site plan and unanimously voted to deny the application for variance by reason of the following: Granting the variance would be contrary to the intent of the code; be detrimental to the character of the neighborhood; be in conflict with the St. Paul Housing Plan; result in overcrowding of land structures; be in conflict with the Plan for Streets and Highway component of the Comprehensive Plan; and would allow a single family dwelling to be constructed on a parcel that is less than 50 percent of total area required by modern zoning code standards. O � 2'79'78� e , Albert Olson - 2 - December 3, 1982 On November 9, 1982, Mr. Gordon Hedlund filed an appeal of the Board's decision. Mr. Hedlund bases his appeal on the following three factors: 1 ) the lot size is similar to a parcel two lots east; 2) no objection was raised by neighbors; and 3) the lot has street frontage and sewer and water is readily available. This matter is scheduled to be heard by the City Council on Tuesday, December 14, 1982. Please notify me by December 13 if any member of the City Council wishes to have slides of the site presented at the City Council public hearing. Sincer y, , _- � Fred S. Haider City Planner FSH/mb attachments � "�� . � �z#� '� � j'1.�• .. ,� ��°' �c' �� P �.. 3 � � �.�. . . . , � �, APPLICATION FOR APPEAL _ `' ZONING OFFICE USE ONL� �y CITY OF SAINT PAUL �� l�� File � !� � Application Fee $ �„� -- �� Tentative Hearing Date ,�� ' ��- Z, ApF�lication is hereby made for an Appeal to the �--/� �o" N c �L uncier the provisions of Chapter 64, Section � `Z _ ', Paragraph of the Zoning Co e to appeal a decision made by the � Board of oning Appeals Planning Commission on /� �- z-rn , 191�?_ • Zoning Administrator (date of decision) Planning Administrator Other A. APPELLANT �1 Name �� R,.,DD� �7�"�J/ L�.! ,t/D Dayt ime phone 6-�.�—l 2 �� , � Address /�,. �) �� L. �i�'� �%�(_ � Zip Code�/� �— . _ '7ffu �-. �` �/ �'�'l�1- B. DECISION BEING APPEALED Zoning file name ��L� �� Zoning File # Property Address/Location ��R�Wi¢ Y �K��i�E �FTi✓FF"�✓ ��NF �✓E '�.so��" Leg a 1 de s c r i p t i on ��S, �/��x� � �-u�,� ��-r---� T '� 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 Comnission.) ..�E" Sj2 � o� T�ff i� �o T lS Tff� S�/� S��L-r �-S D iV�= %�i�o ��oo � T-d T�/�" �".4S; 7��E" /s' �/� o.f��7'�c ;; o � .�Y �� o � �f�� J��tC��.(�o�CS . z j ts ,� P[�T'l�--�' L� T t,�,iT ff .S trie��'r � �w�n � w� �z-°R . If you have any questions, please contact: Applicant's si ature St. Paul Zoning Office 1100 City Hall Annex � � �� S 25 West Fourth Street ' Saint Paul , Minnesota 55102 Date Cit a nt (298-4154) �.._._ ._..: _ _ ._.___ . ._.._ -----__.__ ___�._.____.._. .,. _.._, 9/82 , a ,� _ a _ . , . � � , u �� .. _ . � . . _ .�_ . . .� .w, .��.,, � �....�....�..� , .� , �, , ; � � . �� :;� �, . � � � , ; J � } � S ' � � . _ F �.,�, � r _ { � 'd � ; � ; '� f , ; 4� -.t E i' r ; , � ' , � � .�, �; , i F � � � , ! I ? �` .I � i s,,. . , P � i ? . _ ..... � . ..� 2"l9'780 . . � �� c�ty of saint pau � board of zoning . appeals resolution zoning file number 924, date October 26, 1982 WHEREAS, GORDON HEDLUND has applied for variances from the strict application of the provisions of Sections 61 . 101 and 62.104(11 ; of the Saint Faul Legislative Code pertaining to front and side yard setbacks and parking in a required side yard in an R-3 zoning district; and , WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on September 14, 1982, pursuant to said appeal in accordance with the require- ments 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 attached hereto, made the following findings of fact: l . Granting the variances would result in substantial detriment to the community and to the intent and purpose of the code. 2. Contrary to the intent of the code, granting the variances would encourage the continuance of the parcel as a separate nonconforming lot. 3. Granting the variances to reduce the required front yard and to permit vehicle storage in the side yard would be detrimental to the character of the neighborhood and in conflict with the St. Paul Housing Plan which calls for complimentary development. 4. Granting the variances would result in substantial detriment to the neighbors' supply of light and air, health, safety or property values. The snall size (2,863 sq. ft. ) of the parcel does not provide adequate open space; resulting overcrowding could impair established property values. 5. Granting the variances would be in conflict with the Comprehensive Plan ("Streets and Highways" ) ; the reduced front yard setback would be detrimental to the streetscape and character of the site. 6. The request for variances appears to be based on a desire to increase the income potential of the property. 7. This parcel , originally platted in 1887, no longer conforms to modern standards for a single family dwelling; the minimum standard lot in this R-3 zone is 6,000 square feet. � moved by Mr. Peterson seconded by MS. Su�,ers in favor � agaEnst � Time Limit: No order of the Board of Zoning Appeals permitting the erection � or a teration of a building or off-street parking facility shall be valid for a period longer than one year, unless a building permit for such erection ' or alteration is obtaine� within 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 gran�ing such extension, the Board of Zoning Appeals may decide to hold a public hearing. Qppeal : Decisions of the Board of Zoning Appeals are final subject to appeal to the City Council within 30 days by anyone affected by the decision. Mai led /�/�� " � � � . ; 2'"19'780 c ity of sai nt pau I board of zon�ng appeals resolution • zoning file number 924� date October 26, 1982 8. Allegations by neighbors of severe water problems on this site, should be refuted or substantiated by core samples prior to any excavation on this site. NOW, THEREFORE BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that variances for front and side yard setbacks and for parking in a required side yard for property described as Lot 5, Block 3, Ufton Grove Addition, be denied. moved by Mr. Peterson seconded by MS. Summers i n favo r � against � Time Limit: No order of the Board of Zoning Appeals permitting the erection � or a teration of a building or off-street parking facility shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within 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 gran�ing such extension, the Board of Zoning Appeals may decide to hold a public hearing. Appeal : Decisions of the Board of Zoning Appeals are final subject to appeal to the City Council within 30 days by anyone affected by the decision. Ma i 1 ed lo lT�./�,�.��.�� , � �� O �...�.w �v � � -`n � ;, ' �;;.,.� ,j+ p��,�J ' ... •; � � , ;'V ti ' ��:,.+' f1� � � � � �� - `, � �-3 �11� �r �_>> !C � . ; � � c�s bt� !� U !� �I � � : ,'� , ., � ZONING BOARD E�d.. � ' j : � � � � ;,��;, ; � APPLICATION FOR ZONIN�i OADINANCE ' I`�111�L� I � � �� CITY OF SAINT PAUL �� ! ��'� t y ' �;'�`�ii� ! S ' � � �� I �j� . !U�l': i !_ ,' ,, ,�, ,, i � ' A VARIANCE OF ZONING CODE CHAPTER_.�(,�ECTION�PARAGRA�Fi � i,� � _ ` �: � .� � '.' , IS REQUESTED IN CONFORMITY W�TH THE POWERS VESTED IN THE BOARD OF ZONING AP- � ; '•"' ! PEALS TO PERMIT THE S i r��l H f r:.rn i l Y r r�s i c1 n n c E+ ON PROPERTY ` � ' , , . , � , � r. I DESCRIBED BELOW. � , I : f ' A. Applicant; NAME: (r p,^:i n n H r=�ri 1 �,n ri � � i ; � ADDRESS 12�ir� Pi lra T.��?ra i)r•� ��r� r StpPt� ��l * h5l 1 ? ! ' � ; I DAYTIME TELEPHONE NO. 63 3-b 2 60 ZIP CODE `�J 11 2 ' 1. Property interest of applicant: (owner,co�traCt purchaser,etc.) I :': � i '..""�' ! � 2. Name of owner (if different) ' �, t I j B. Property Description: ADDRESS �p`f" sm�� ?3 t'U.Y�iW�-� ' � `' i i : � � 1. Lsg�l desc�+qtion: LOT 5 , BI.00K 3 ADD. U�t o ri � 'j , r, ' � Grave �rd Plc�t � j � ' ' 2. Lot size: T r� n��l f� r • R`� 9 K 6 f� 4 X 1 0 8 �' t~:' � ' I �' I �� • � R-3 ',i -'? ,..t. ' 3. Present Use �j�L;;y n� Present Zoning Dist. �� ,-_-�_ � � �� C. Reasons for Request: � j �` � ?;:• � �;, � ` ! 1. Proposeduse S; n�;le ft�wily residence . � � � � r � _ i '.� 2. What physical characteristics of the property prevent its being used for any of the permitted uses �� " ; in your zonet (topography,soil conditions,size and shape of lot,etc.) 1 ' r�� Sizo and shapo oi lot I t ' �� .P �� ' !p,,_� �� 3. State the specific variation requ st� i+ri'r(g��Ri�ap�o�i�t8. / i iI5 fest fz•o�� L yard—";�—,�.�'i'ac �n� tedd of 22 1'set . r''�""`. � �� Y • 3 f'bet parkin� �ai;�-..c 's i.ns�er�d of' 6 f. aet.3 1/G�-�` ,.,r, i j � I � ; 4. Explain how your case conforms to each of the following: � I i ; ' '" ; a. That the strict application ot the provisions of the Zoning Ordiance would result in peculiar � +" ' i � 3 � I or exceptional practical difficulties,or exceptional undue hardships. � 7 " , .:� r •• , ; Tii3 triatlg�ilur 5iicspa oY tY�e lut mr�kes �_ �t `• � unusable w �_ tr;out t:�e vari anco Ttie alley j ;' rt ��: t forms one s � de of 1,,:e ' f. P ; , I �'u� i�alps to not .irnp � �n -:ialar• si:t� ed I `CASHIERS IOLY ; b. That the granting of a variance will ; '' ' ! not be a substantial detriment to -�;�-- ' � �. �, r � public good or a substantial impair- � �� ` �� i r-if t ��'-}1 • _.:�'.' ; ' ment of the intent and purpose ot _ � j ;� � j(_'�:-� • ��C�Gl1' t �� " i � the Zoninp Ordinance. -- i �"'.j%�' xf N 3 I�!f JJ O N PAa''N� � :i-(��}' �'.. . � I �R1Y AY T��Q;1�� lr �4 d• w7� E:,:.;`;= ;�itjti '�,-!,; j r ;�ti ��,, F,�� 1�{{wil'� .D�?IVc � ; ' r '� � i fo�r +�✓ic� �"�'/-1 W'E� �`'!7' sr r�'�3�/; . ` ,•y � j NOTE: THIS WILL NOT BE PROCESSEp WITHAUT A COMPLETE SITE PIANI�',C�- � rt�{s1`•: �i I � 7�//� ' (, � ; � � J �fR /L,, � � �� t � i �� , � Signa4ure �_l � dKI(� 4 � ., � h''� � i S i ft�F r .�Y �v Fft �'. I Date Received � ;h � � . �._ . . _ . f'..�w �.�r�"��'� . .... . . nr� ��virl'V�'l1RS"4`��._ . . . . .�4 ( ' � � ` e i � : j � ; � ,' � + ' �' '' . �1 , , ,` ;�, ,:� � ; !,i � ' ►� ;, � ' � �� ,,k� � � � , � �' �� s � ,� _ . . � , „ ' i _ .�., - � �'7��80 . - � • � � o °` � R`�1OV` ,. � � � � � � � �e . t � a � � � � � � � � � z w._ ; R ��° '� �, � � � � � � F'�w� � � r � ' I� �1 �� ab �- � �� Q� .�0 (,� � r� � � �� \ � � a � ��":, ,1 � . � �1 . �`Q � � � �, � � o � � � z __._ �� - �o � � � ��.�.. � � � a '� � _ .\`� �',, � - . � � � � W� ��— ',� � � \ � � � , � � Ul �r �°� ��,\ � � � _, � �� -.�, � � c't � —� ° - 9� � � � ' o � . �� 6` : � � �� _-�� J : ;� _ '�' "ti{� �-. �V� .t ��• r .�.. . N✓+N.SY�/anin�*�. . I ,� ` � i �,� I ',�,' � ' , ,,r:. ,, �. li N� ti �. �. I 'iI � . �,I �� , .�� - f' �� , � �� ` � � , . . . „ � . . . ,. � . � ,: � � r . . � �� ,�, ;, 1 �► ' t ' r � ,I I, � , ;' a j � ; � � � { _ l � � � G �,r . f . .... . ... � ... ..,... � � ��9�8� � � � � � � �dL � o 0 � , �\� � � � � � � b �I \\\ �j\ �' \ � `� � � <� � , � �- � � � , `` \� 5% � � , �\ � - �� . .� ; �e � �, a �y . `', � . (� s c�' � � I o ti � � c � � � � ` O � � � � ` O � � � � x � � ____j' � � � � � a � y � � � � O� !i � � V\ � �_ ♦ �;5`� ! -�� +,A �.'.� �,C ti t .C�� „ . ._. ..._. .'' � { ` � 7�• ; . � ' � � • � yf � � •��.� :'. :` f � t I � � � ' `'� i . ..'.� � ' ,,-' � I� {� � i . , � k ! � � ' � � i � k 5 � � } t �� 7 � 1�� , � �-� '` ' �f ; '; r: :� � , ; ! I� ..... . . ... � .. ....... . . ZONING STAFF REPORT ��(��$� � . - l . APPLICANT: GORDON HEDLUND � DATE OF HEARIN�,_�/�4/82 . 2, , , , , , , , , , , , , , , CLASSIFICATION . . . . . . . . . . .. . . . . CURRENT PLANNING 8 tONING COMMITTEE BOARD OF ZONING APPEALS . Rezon�ng . ❑ Variance . � Special Condition Use ❑ Administrative Review ❑ Determination of Similar Use . ❑ Other ❑ Change of Nonconforming Use � � Other 3. LOCATION: Lot south & east of 703 Parkway Dr. (West side between Hoyt and Iowa). 4. LEGAL DESCRIPTION: Lot 5, Block 3, Ufton Grove Addition 3rd Plat. 5. PRESENT ZONING: R-3 ZONING CODE REFERENCE: Sections 61 .101 & 62.104(11 ) 6. StAFF INVESTIGATION & REPORT: DATE 9/3/82 gy Fred S. Haider A. PURPOSE: To consider a variance of required front and side yard setbacks to permit construction of a single-family dwelling. Code requires a 22' front yard and 6' side yard setback; applicant proposes a 15' front yard and 3' side yard setback. B. FRONTAGE & AREA: Irregular shape parcel with approximately 83' frontage on Parkway Drive. The total area is approximately 2,863 square feet. . C. SITE & AREA CONDITIONS: The site is a vacant irregular shaped parcel . The site has alley access. The surrounding land use is commercial at the corner of Parkway Drive and Hoyt (southwest) . Multi-family 1 block west and single-family dwellings north and eas t: D. ZONING CODE CITATION: Section 61 .101 (b) states : "the front yard required of new structures in the balance of the block shall be equal to the average of the front � yards provided for main buildings" (22' ). Section 61 .101 , Schedule of Regulations , requires a total side yard setback (both sides) of 12' . Section 62.104(11 ) states off-street parking shall not be within a required side yard and shall be a minimum of four feet from any side lot line. E. FINDINGS: 1 . The request for variance cannot be granted without substantial detriment to the community or to the intent and purpose of the code. Section 62.102 Subd. 2 Nonconforming Lots states: "a single-family dwelling may be erected on any single lot of record. . . provided that yard dimensions conform to regulations for the district in which such lot is located." Subdivision 1 , Intent, states : "It is the intent of this code to permit legal nonconforming lots, structures, or uses existing on the effective date of this code or amendment thereto, to continue until they are removed but not to encourage their survival ." Granting the variance request would encourage the continuance of the parcel as a separate nonconforming lot is contrary. to the intent of the code. The St. Paul Housing Plan states: "new development should be planned and designed to enhance and compliment existing neighborhood character. New development should � not simply add to, but should improve and strengthen what exists." It appears ' that reduction of the required front yard and permitting vehicle storage in the side yard would be a detriment to the character of the community. • . 2. The request for variance cannot be granted without substantial detriment to the neighbors' supply of light and air, health, safety or property values. One purpose of the code is to provide an adequate amount of open space for occupants of the building. The proposed site plan does not meet this purpose of the code. Overcrowding of structure and land could impair established property . values within the surrounding area. 3. The Plan for Streets and Highways component of the Comprehensive Plan of St. Paul states : "One of the criteria for evaluating a street is the streetscape. The . streetscape includes all the physical elements that affect the way the street ' looks and how it functions, and thus includes not only the right-of-way but � f�cades of homes which are near the street." Therefore building setbacks and � �'19�78� GOkDON HEDLUND (#9241 ) STAFF REPORT Page 2 E. FINDINGS CONT' D. public boulevards together make up the streetscape and influence the character of the site. The front setback variance cannot be granted without detriment to the streetscape and character of the site. 4. The request for variance appears to be based upon a desire to increase the income potential of the parcel . 5. The parcel was originally platted before the turn-of-the-century (August 11 , 1887) and the lot no longer conforms to modern standards for a single-family dwelling. 6. Neighbors in the immediate area indicate that construction of a single-family dwelling was initiated in 1957 but was halted due to severe water problems. Planning staff consulted with the Public Works Department but could neither � confirm or refute this information. Core samples should proceed any excavation of the site to protect neighboring lots from potential water management expense. F. STAFF RECOMMENOATION: -Based on findings 1 through 6, staff recorranends denial of the variance request. , . � � , . 2'79'780 MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS IN CITY COUNCIL CHAMBERS, ST. PAUL, MINNESOTA, OCTOBER 12, 1982 PRESENT: N6nes. Morton and Summers; Messrs. Kirk, Osborn, Peterson, and 4Joods 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, Mr. Ford, and Ms. McNeally of the Planning Division Staff. ABSEP�T: Messr. Grais . The meeting was chaired by Gladys Morton, Chairman. GORDON HEDLUND (#9241�: Request for variance to permit construction of a single-fami��l ing on the lot south and east of 703 Parkway Drive. This matter was laid over from September 14, 1982, to allow time for the applicant to submit a revised site plan. The public hearing portion of the meeting was closed. Ms. McNeally reviewed the staff report stating that the applicant submitted a revised site plan showing the house 20' from Parkway Drive and 3' at the lot line. Staff recommended denial . Mr. Peterson moved denial based on findings 1 through 6 of the staff report. t�r. Woods seconded the motion, which passed on a roll call vote of 6 to 0. Submitted by: Approved by: / .�Qb�.� _ / '�/� �� u�� Donna F. McNeally Gladys Mortor�, Chairman �.r}u� � �, �7 �� ;;� �a+yiwwr+q�r�r.^"��. . ... •..e. � �� .,, .. � � 1 � ti �•� { .� � ` i � :J..: � i F'0 �. I 4 � i; � �, i � } l j f � ; � . ' i ... � � I ; ;: � , ! I: , , i .... . ,�. . . .. . 2'79"7�u . MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS IN CITY COUNCIL CHAMBERS, ST. PAUL, MINNESOTA, SEPTEMBER 14, 1982 � . PRESENT: Mnes. Morton, 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. Ford, and Mr. Haider of the Planning Division Staff. ABSENT: Messr. Woods. The meeting was chaired by Gladys Morton, Chairman. GORDON HEDLUND (#9241 ) : Request for variance to permit construction of a single-family dwel ing on the lot south and east of 703 Parkway Drive. Mr. Haider showed slides of the site and reviewed the staff report with a recor�nendation for denial . �No correspondence was received on the matter. Gordon Hedlund, 1255 Pike �Lake Drive, presented his proposal to construct a single-family house. He stated that the front yard variance would not be detrimental to the neighborhood because there are some commercial structures which extend further into the required front yard than what he is proposing. The front steps would be set into the building rather than protrude out from the structure. He reported that the soil was tested and there is no problem with building on the site. He stated that the house could be moved back 7' but he would then need a variance for the back yard. "'�. "'� Eleanor Moreland, 1572 Payne, stated she had no objection to the construction of a house on the site but wanted to make sure that she would have access to her garage. She is presently using the alley easement and if the alley should ever be vacated, she would like the opportunity to buy the portion ` behind her house. She indicated that at one time someone tried to build a home on the site but the foundation sunk. Hearing no further testimony, Ms. Morton closed the public hearing portion of the meeting. There was discussion regarding core samples and whether the lot was buildable. Mr. Osborn moved to lay the matter over to allow time for the applicant to submit revised plans. Mr. Grais seconded the motion, which passed on a vote of 5 to 1 with Ms. Summers voting against the motion. , . Submitted by: Ap roved by: .�/ �� .5.`�n �-, ��' Fred S. Haider Gladys Morton, Chairman ,� .�s�, �;�. .�� ''�� . .�;try�v,r�s v. � �w�.�revr�c��:� � , , 7 .4 .,�,'", f � � � t �'• ti � ' :� ; 1 » , � ^ Y;• �t I'.` � � � � ,� � � � � � � i :i � a� � { � � ' ��?' � � i , � ?�� • � ` � , p'' ' ., . . '� : � .. , . . . � . . . ..... � 2'�9'78U , � : � .�°� GORDON HEDLUND 1255 Pike Lake Drive �• New Brighton, Minn. 55112 '•' (612)633-6260 � � , �`:, - ., ..r �, September 15 , 1982 ,`f • ��. ,.f .� ,, �� :L '" •,�- Planning and Economic Development 25 W. 4th St . St . Paul , Minn. 55102 Re : File 9241 Attn: Fred Haider Attached is a sketch of one poss9.bility of a house on my lot on Parkway Drive betwaen Psyne Avenue and Iowa Avenu�. It would have three variances : 3 foot side yard by the alley not 6 foot . 20 foot front yard instead of 22 feet . 17 ° rear yard instead of 25 " . I t�lked to your secreta�ry , Mary and she said this would be on the October 12th Agenda . I ' l1 call you next Tuesday and maybe we can have lunch and compare ideas on this . Sincerely , � Gordon Hedlund Encl . �...ri,,3 'r�^< �. t .�. . k' Ir � ,I�, . . �1�1��'� .;.� � . .x �r �, , � � r ! �. � �; ; � � �' i ,, , � �� t, ! � � � ,. ; , t E � ' I � Ni � I i 'f ! .� �� ' � � ' , � i , . � � 3 . , 2'79�'�80 � � -'� �► -1 � . I'o ��1 r I l,l� �i I, �l�ca�� I e I�oct . w � y d - __ N � y . �\� � � N � � N �� _ � � , . V�"-a-.�.-le.iai,�__._ h � M � � �^ `. •3J . ` ..C. a..t� .. � � •--M. w � � v � ` � P . � p n K � � • ( I I B /� � �� 0 WEST SIOE ' � di�a��M Thissewerwosbui11in19J0 �+ee�w�ro�Eaetaidew�sbuiIFl9Jt —E.SideP 9C�}•s�» Confrnc}N°202b from A to 8 - Coni�net 38-5.11 ConFract from Noy f�olown"C" Boek 463P.69 �.}o'D'built1953• Ord!�'100T � Dook 446 pa9e 10. 1 l, permiasion to Ludwigund Co �qS 09 .�0 '1 attheirezpenae, Contt-acF �, A c� • � y y�:ti ;�!u F T o rv j,� R o �� E ; c� � A � o \�/'� , �y � �-,, . � ,/ � � , � \ ' � 3e� 2 �� 0 J f� ? 1 � t; a I 0� �: � . � � 4 .;j � I\ .�, '� L i��. -� � , 1 , , / �1f� /"� ' �� 6 I ��Y�� 1{TY�� I �� c� /,� %^ s � 5 , I rR 1 O . � . ' ��h \. o� . �\\ v � ,. � :j a � !W ,i�, ;1i I� � E �4\��' p 4 S �� w i �( ? � � \ '� n a �Y� y�'� �� ..� ? �-� - i' �0�Z.�� 1 ' �g IOp TCS�� 10��. 140 7' � x �__�_. _��/"" �---- � N--.-__._-•- a._ . 7" REINF. CONCRETE PZ EMENT �'0�--- s 8 0---�-�p � � 12� 'S /"'�, , a,_ _ • -__��0�_ ._._.�_. 31.6� � � 115.3' � .—__ .._..�._..._.._._"_�...1, _ .._.. ..� ... _ ...._ ' ' "_ "`� . V, {I Q0� `} 4. � �Y � ��_ � �� •� O� �� V� 4 � �,� n ,, � h �.i �. I \ % , ` '�� N . ti � \k ' � � � ° � h � /� '`'., � i �� ` , ° � � � � � r �`� , �' `:� �• � � � Q � , . , � �. �. `� 6 5 4 �3 ; 2 ` g � �, �'� �Q�" A D 0 . �� '�.0 FT4N G ROV�E� PI.AT : ` �� ,,�b �w'` 690 ��,b �,�'' �,�� ,��'� 1` .. t �.� �,� � ;� tir i tl.�.�� . ��.,h�."R.�A' '�� '�� 1 �� ,. !' j' 1 ' j+ ' � ' �i' �i � � I; � _ . . . r ...� . , � � . . . i� � . � .. _..--�' . � ". �y.� ,., '�. 1075 Arcade Street St. Paul, NR�T 55105 � � September 24, 19ti2 � ••t , � - "'� . Ms . Gladys Morton Board ot Z oning Appeals City Hall Annex � ,R.�t - p��d�:j._;�D17._ ��]i n� _ - ---� -- -- � . . Dear Ms. Morton: The Land Use Zoning Committee and the District 5 Council have � reviewed several variances that have been applied for recently and have the following comments to make about them: - T:�e board supported the six variance requests of the Eastside Neighborhood D��velopment Company in the construc- tion of two four-plex units . This site plan had pre- viously been approved and has not been altered in any (� � (� way t�ecause or the variances . It seems it is more to ILI �JI conform to the existing zoning on those lots. l_J � - The board saw no problem with t'he varrance request of William Cardinal concerning his tri-plex at 851 Jessie. � In the interests of aesthetics, however, tl-,ey encouraged Mr. Cardinal to provide the necessary par;ci�g for his � units behind or to the side of the building, since a paved lot for parking in front of the housa is not exactly � visually appealinga I — � - The board also reviewed the re e o o do . � qu st f G r n Hedlund, which has been 'layed over for further study. While it was their understand�.ng that neighbors basically did not object to n (� n Mr. Hedlunds plans, the Land Use Committee thought that I U U � given the property and configu�ation of the lot, they questioned whether it would be appropriate to allow a var- iance on two sides of this lot without exploring a differ- ent design option for the house. Sincerely, a "�r�� Muriel Do� Chair erson � Y, P Land Use/2oning Committee �t� � �, �. ��.,�.. ��.;.'�r V�h� .�,.�. w.+rrrr � i !' � � �r �� ,;' I � � � `� �� ; � ., ; ' � r � I I , i � ' i , � , , , 4 � �� 7. � f i ti ; ; ' , j � ! � � s i �, .... I . . ,i ,�, _ . I C�-~ t� O i0 j . .�� 'Q v v �iv� I�I: '�j I ;. j(�! --�--= I � � � TQ.. - I I ,� � �► ,� _� -r , � � . I �c.;1. I I I I I I� 1 � _ o, < � i �� + �. � b --� E�-- � . � v -� � � so,�s � � . �, : . � � � . - � A1 . � � pAF{Q . � �� , ,. ,. .� -� -=-� p q � m m 4 , ;�o o�, �- i � � � � a�' o � -. ` � .. -�___- _ l_ 1 --- � ` ' �� Q_ ' r- -� � �� I.... I. ._.r , -�- � � -. , Q .�--i ', , � I I � � ", O �- � � � I ' �' � �Q Q - -- � � b � � a� °; � � o � , -. � lOWA � . . ; . t�u � � AV� . ._ -- -Y o� 4� Ic:� o � � �' ° t? � � 4 c� O O C �—�-I 1 � � � ' O � �J �''� t�, . i ; _ .. �. � — 1 _ 1_ � Q � ��,. .-------, - J ��". .-� i � � �;� ,�° �-� . °�, � - "� o 0 o c � � � � i � � ,, ` � � � o � � � .,- � NOY1". " � � �'�`' i � , - �i i � � � oq �000000 c� m oia � � � � 30 �! � F � � � �� . � i I p i ��_� , �I_I�I I_�L_ L ! _.__ :-1-- - ,-�- , ^�-,--�- 0 � ; �.. � �� f�? � I I � I II I 1 I I � � II � � i - � ,� ,� , b f o d b i d b �o o o� i b t� , - -�� - - � N1 N � � Ati �.; �� ..� �� - . o � �OO o oo �► o00 0 + M Q� � � ' _ ' � o° -� a � � - - ' ; ° �- �,o .�4' o , � � � ` c�.�' a � � � o-,r a o Q'�' ., , ,o 0 0 0 0 � o o Q � � . f��gRASt� NEP�R�tsK A� , � 0 00000 CD _�Ui pp o� O b Q. �J � 0 '� � � I t��fi � t ; d , � . � _ �4� � � _l � _ _ --,_.�_...i. _ �_ ; . \� .� ; � iQ i `. � �: I I I I i � � �. - - �, , C� I I I , I i a b o ,o, d b a o ►o� o o � � . NEV � _- � ..� � WN E ETb G� � -. ,. ., ^ '�._...,r_' AREA MAP APPLICANT �"ordor� Nec1�.1�,� �EGEND , ' � — -- ZONING DISTRICT BOUNDARY . , � SUBJECT PROPERTY PURPOSE � n -�� -- � ' • O ON E FAM I LY PLANNiNG � DISTRICT Q � TWO FAMILY � FILE N0. —i�..� � � f�-� � MULTIPI.E FAMILY DATE � � 7' • � n COMMERCIAL SCALE � I'�= 200� NORTH � � � �N�USTRIAL MAP N0. �SQINT PAUL PLANNING BOARD V VACANT � 1 L � � .r-.n T K-.,.T-.-r.-r- � � ��9'�8� 7. The bonds of said issue shall be dated ti'Iarch 1, 1983 and shall be numbered 1 to 1074, both inclusive. Interest on sa�d bon3s will be payable Sentember 1, 1983 and, semi-annually thereafter on March 1 and September 1 in each year. The bonds are not redeemable prior to maturity. 8. Said bonds and the cou�ons attached thereto shall be in substantially the following form, which has been approved by the City Attorney of the City of Saint Paul, and is hereby a�proved and adopted: WH17E - CITY CLERK 2'79'781 PINK - FINANCE GITY OF SAINT �AUL COUIICI� CAN tv - DEPARTMENT BLUE - !1AVOR File NO. Council Resolution �s� �� Presented By �� Referred To Committee: Date Out of Committee By Date WHEREAS: A. The Council has by Resolution No. 279684 adopted on January 13, 1983 and approved by the Mayor on January 14, 1983, authorized the issuance and sale of $5,370,000 General Obligation Capital Improvement Bonds, Series 1983, to be dated March l, 1983; B. 'I�e appropriate City Officers have, pursuant to said resolution, caused proper published notice of the sale of the 1�onds to be given as required by law, and sealed bids, as set forth in Exhibit A attached hereto, pursuant to the Official Terms of Offering were received at 11:00 o' clock A.M. , Central Time, on Tuesday, February 1, 1983, by Peter Hames, Director, Department of Finance and Management 8ervices at Room 234 City Hall, St. Paul, Minnesota; and C. The Director, Department of Finance and Management Services has advised the Council that the bid of The First National Bank of Chicago was found to be the most advantageous and has recommended that said bid be accepted. COUNCILMEN Requested by Department of: Yeas Nays Fletcher ��X In Favor Masanz Nicosia sche�be� _ _ Against BY — — Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date B �� Certified Passed by Council Secretary Y B� �#pproved by 17avor: Date Approved by Mayor for Submission to Council BY - - — BY � � � 2'79'7g� . UNITED STATES OF AMERICA STATE OF MI1�7NESOTA COUI�ITY O�' RAMSEY CITY OF SAINT PAUL G�PdERAI� OBLIGATION CAPITAL IMPROVEM�N`r BOND SERIES I983 No. $5,000 KNOW ALL MEN BY THESE PRESEL�TS, that the City of Saint Paul, in the County of Ramsey and State of iviinnesota, acknowledges itself to be indebted and for value received hereby promises to pay to bearer, without option of prepayment, the sum of Five T'nousand Dollars ($5,000) on the first day of �: i�larch, , together with interest t'nereon from the date hereof until the principal sum is paid at the rate of ! percent per annum, payable Septem'�er 1, 1983 and semiannuaZly thereafter on the first day of �Iarcn and the first day of Septem'raer in eac'n year as evidenced by and upon the . presentation and surrender o� the annexed interest coupons as they severally become due. Both nrincipal of and interest on this bond are payable in lawful inoney of the United States of America at Chemical Bank, New York, New York, or an�r successor paying agent duly appointed by the City, and for the prompt payment of this bond, both principal and interest, when due, the full faith and credit of the City of Saint Paul is irrevocably pledged. - - This bond is one of a series of bonds issued and sold by the City of Saint Paul, in the aggregate principal amount of Five Million Three Hundred Seventy �housand Dollars ($5,370,000) al]. of li',ce date and tenor except as to serial number, interest rate and redemption privelege and is issu�d pursuant to Laws of i�tinnesota 1971, Chapter 773, as amended by Laws of i�iinnesota 1974, Chapter 352, as amended by Laws of Minnesota 1976, Chapter 234, as amended by Laws of ►�Iinnesota 1978, Chapter 788 and as amended by Laws of Minnesota 1981 Chapter 369, for t'ne purpose og procur�ment of funds to be used by said City for the acquisition, construction and repair of capital improvements of thP City of Saint Paul in accordance with the provisa.ons of said laws. . - . 2'79'7�1 � It is hereby certifi.ed and recited that all things, acts and conditions required by the Constitution and Laws of the State of Minnesota and the Charter of said City to happen and be done and performed y�recedent to and in the issuance of this bond, have ha�pened and have been done and performed in regula.r and due form and tim� as required-by law and that the issuance of this bond did not cause the total indebtedness of the said City to exceed any constitutional, statutory, or C'narter limitation. IN WITiVESS ��THEItEOF, the said City of Saint Paul, Ramsey County, c�innesota, bx its Council, has caused this bond to be sealed with the facsimile of its Official Seal, to be signed by - the faesimile signature of its tdayor, attested by the facsimile i: signature of its City Clerk, and countersigned Ay the facsimile signature of its Director, Denartment of Finance and Management Services, and re-executed by the manual signature of one of such officers, and each of the interest coupons hereto attached has been execute3 by the facsimile signatures of said o£ficers as of t'ne first day of March, 1983. (facsimile) George Latimer Mayor Attest: (facsimile) Albert B. Olson _ City Clerk Countersigned: (facsimile) Peter Hames Director, Deoartment ot Finance and Management Services By: (SEAL) � . 2'�9'781 COUPON On the first day of September (March) , _ , the City of Saint Paul, Ramsey County, Minnesota, promises to pay to bearer at Chemical Bank, New York, New York, or any successor paying agent duly appointed by the Czty the sum shown hereon for interest then due on its General Obligation Canital Improvement Bond, Series 1983, dated March l, 1983, No. . (facsimile) George Latimer . Mayor �. Attest: (facsimile) Albert B. Olson City Clerk Countersigned: (facsimile) Peter Hames Director, Department of Finance and Management Services � � � � 2'�9'��. �. TY�e full fai�h and credit and ta�;ing �o��rer o�' tiie City is '�ereby ple��ed for 4?ie prom��c and full payi�ent of 'noth ttie principa2 and inter�s� of said bon3s. 1�J. Thd prQCeeds oE said bonds, exce�t for any su:!is paid �or said bonds in excess o� $5,290,000 sha11 'ue creciited to an account here'oy esta'r�liilhed and design3ted C�pital Improvements Accoant �f 1983. The rnonies in s�id account sha11 �e usec� and applie3 for tne purpose �rescri'oed 'fly L�ws 1971, �haptsr 773, . as amended, an�.� the balance in said account a`ter paynerlt of thP cost3 of_ the program, if any, together =�ith any sums paid ;_ �or said '�on3s in excess of $5,290,00� nlus accrued int�rest received upon the delivQry o� said bonds shall be crP�it�d to the 8inking r^und Account ior such obligations. 11. The City will not make any use of tne proceeds of t'ne Bonds to be issued which, ig suc?z use had bzen reasonably exp�cted on tne date of_ delivery of and payment ior t'ne bonds, woul3 have ca��se3 such obligations to be ar'�itrage bonds wzthin the :neaning of Section 103 (c) of the Int�rnal R�venue �o�.�e oF 1954, as amended and any anlolical�le regulations oromulgated ther�under; and the �ity will and will c:ause any o�'ner en�ity auz�z•�rized �o inves� said ,�ond proceeds �or the City to cos�nply with the requirements af said Section 103 (c) an3 all applica'o.le re�ulations ��rtaining 'r_�i?reto while t'ne ��on3s to i�e issue�� hereun3er remain outstan��ing.