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278125 WHITE - CITY CLERK }+y [� PINK - FINANCE / -J CANAF;Y + DEPARTMENT G I OF SA I NT PAU L COUtIC1I � ;� ��.� I BL�1E - MAYOR ^ F1Ie N O. / , ouncil Resolution . Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, The decision of the Zoning Administrator deter�nining that the carriage house located at 387 Pelham Blvd. was a legal nonconforming single family dwelling in addition to the main single familp home at the sa�ne address, said determination set forth in a letter dated August 31, 1981, was duly appealed for administra- • tive review to the Board of Zoning Appeals by Byron N. Swansan pursuant to the provisions of Sections 64 .206 (1) and 62 .102, subd. 1 of the Zoning Code; and WHEREAS, The Board of Zoning Appeals, following a public hear- ing conducted for the purpose of review, with notice to all affected property owners, found and determined that the Zoning Administrator did commit error in the matter, reversed the Zoning Administrator and determined that the carriage house at 387 Pelham Blvd. was not a legal nonconforming single family dwelling, for the following reasons; and based upon the following facts: 1) Prior to October 25, 1975 (the date when the current zaning classification was enacted) the property at 387 Pelham Blvd. was zoned for one or two family dwellings. 2) The site in question is an irregularly shaped interiar lot, located off the corner of Pelham Blvd. and Beverly Road, has a maximum width of 80 feet with a frontage of approximately 70 feet on Beverly Road, and a total area of approximately 15,000 square feet. 3) The site presently is occupied by a two story single family house, and a carriage house. The adjacent properties are zoned and developed as single family dwellings, and the Town and Country Club Golf Course is located to the west. COUIVCILMEN Requestgd by Department of: Yeas Nays Hunt Levine [n Favor Maddox McMahon Showalter __ Agelilst BY — Tedesco �Ison Form Approv d y ity A orney Adopted by Council: Date CertifiE:d Passed by Council Secretary BY By -- Approved by :Navor.. Date _ Approved a r for Submission to Council By _ — — BY — , � . �'�� 4) From and after October 25, 1975, the subject property was zoned for single fa�nily use, and two family uses are no longer permitted b_y the provisions of the Saint Paul Zoning Code, with the exception that any two family use that was legally established prior to the change in zoning classification would constitute a legal nonconforming use and is perznitted by said Code to continue subject to the limitations and restrictions set forth in said Code. 5) The owner of the property asserts that the carriage house canstitutes a legal nonconforming use as a dwelling unit because it was legally established as such prior to the adoption of the new zoning classi- fication. 6) Section 62 . 102 of the code, provides in part, as follows: Subd. l. Intent. It is the intent of this code to permit legal nonconforming lots, structures or uses existing on the effective date of this code or a�nend- ment thereto, to continue until they are removed but not to encourage their survival. For the purposes of this section, a use will be pre- sumed legally nonconforzning if it can be demonstrated by clear and convincing evidence that prior to the effective date of this code the use was established, converted, or enlarged pursuant to building permits issued by the city of Saint Paul; or if it can be demonstrated by clear and convincing evidence that the particular use had been in existence continuously for tvaenty years prior ta the effective date of this code. The burden of proof shall be on the applicant for a permit or certificate of occupancy as the case may be. 2 . �� 7) Based on the written application for legal nonconforming status made by David Brewer which alleqed that the carriage house was used as a studio apartment and guest house serving family employees and tenants during the past 35 years, the Zoning Administrator determined that the use had been in existence continuously for twenty years and therefore was a legal nonconforming use. 8) A neighbor, Byron Swanson, appealed this determination of legal nonconfor.ming status to the Board of Zoning Appeals within the time limit fixed by the Zaning Code, and the staff report indicated that the carriage house was assessed by the County as a one car garage and artist's studio with sanitary faciliti�s from 1934 to 1980, that Polk's Directory listed the property at 387 Pelham Blvd. as a single family owner occupied home during the period 1955 through 1977, and as a two family dwelling, and awner occupied in 1980, and that the records of the Building Department show issuance of a building permit on October 25, 1975 for alteration of the existing servants ' �uarters and " � - construction of a 6-1/2 foot fence with a total value of the work at $3,500.00. Staff recommendation based on said report was that the owner of the property had failed to establish by clear and convincing evidence that the nonconforming use had been in existence for a continuous 20 year period, or that it was estab- lished pursuant to building permits issued by the City. 9) Uncontroverted testimony presented at the hearing by neighbors establish that the carriage house was used as an artist's studio until 1971, when the artist- owner died, that the carriage house was never used as a dwelling prior to 1971, either for tenants or servants, that the son of the previous owner had rented out the carriage house from a period starting in 1971, and therefore the carriage house was not � � r` � t. 3. �. � � � � ' �� ;��.�� occupied as a dwelling for a continuous 20 year period, nor was it established as a dwelling pursuant to building permits issued by the City. 10) The owner, David Brewer, stated that he does not want to use the carriage house as a home, he intends to sell the property, that he wants to withdraw his request for nonconforming status, that he lived in the studio while he was attending college, he knows its facilities, what it is capable of and how it has been used in the past. 11) Based on the foregoing findings the Board of Zoning Appeals determined that the Zoning Administrator did co�nmit error in granting legal nonconforming status to the carriage as a dwelling unit. WHEREAS, Pursuant to the provisions of Section 64 .205, David Brewer 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 actions taken by said Board; and WHEREAS, A public hearing was duly conducted by the City Council upon notice to alI affected property owners on Decer�ber 29, 1981, where all interested parties were given an opportunity to be heard, including Mr. Kenneth Tilsen, attorney for. Mr. Brewer and a Mr. Hooper, and a neighbor, Mr. Frank Claybourne; and WHEREAS, The City Council, having considered the testimony presented to the Board, the minutes and resolution of the Board, the staff report, and the additianal statements presented to it, does hereby RESOLVE, That the Council of the City of Saint Paul does here- by affirm the decision of the Board of Zoning Appeals in this znatter and does hereby find and determine that the decision of the said Board is supported by the record, findings and determi- nations made by said Board that the appellant has not established 4 . WHITE - CITY CLERK ��...yyyr� PiNK - FINANCE �' /V q CANAFi�'1( = DEPARTMENT G I T Y O F S A I N T ��U L COl1I1C1I F v1 BL4:$ � - MAYOR � File N 0. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date by clear and convincing evidence that the use of the carriage as a second dwelling unit at 387 Pelham Blvd. is a legal nonconforming use as defined by the Zoning Code; and, be it FURTHER RESOLVED, That the appeal of David Brewer be and is hereby denied; and, be it FURTHER RESOLVED, That the City Clerk shall mail a copy of this resolution to David Brewer, Byron Swanson, the Zoning Admini- strator, Planning Commission and Board of Zoning Appeals. 5 . COUNCILMEN Requestgd by Department of: Yeas Nays Hunt Levine In Favor Maddox � McMahon B snowaite� __ A gai n s t Y — Tedesco �"�°�` 2 a i9aZ ,AN Form App ed y City ttorney Adopted by Council: Date — Certified P s- by Co ncil ret BY By Approve y :Vl or: Date � B 1 181 APP e ayor for Sub i si to CounL�!! ) BY B PUBUSHED FE B 6 1982 .��`� � r�. � �; � 7- �a r � � + 2 � ��12� LAW OFFIGES K E N N ET H E. T I LS E N ATTORNEY AT LAW � 400 MINNESOTA BUILDING SAINT PAUL, MINNESOTA 55101 TELEPHONE 224-7687 January �O � �70� AREA CODE 612 TO THE MEMBERS OF THE CITY COUNCIL RE: 387 Pelham Dear Council Members: A resolution relative to the legal non-conforming status of 387 Pelham is coming before you this morning. I urge you not to pass this resolution. , As you know, I represent Dr. Alan Hooper, a professor at the University of Minnesota, who has purchased the property. Mr. Brewer, who seems to be the focus of the controversy now, has only a limited interest in the outcome. Our position is very clear : 1) Under all of the facts, including the somewhat argu- mentative (and on occasion inaccurate statements in the reso- lution) , the property is clearly entitled to the status of a legal non-conforming use as a matter of law. A contrary determination is illegal under both the ordinance and the Constitution of the State of Minnesota. 2) The Zoning Administrator for the City and senior planners of the City have found the property to be entitled to the status of a legal non-conforming use. Suggestions to the contrary are inaccurate. 3) The City is currently in the process of planning to expand the right to use structures such as the carriage house for dwellings. It is particularly unreasonable to attempt to deny this use to property clearly entitled to such use at a time when policy considerations dictate expanding the use . 4) The lawsuit which will be forced upon the City by this action is a wasteful expenditure of public funds a� a time when the City so gravely needs to preserve its resources . Furthermore, the result will surely not bring credit upon the City and its administrative and legislative bodies . Short- term pressures may seem to dictate a vote for the resolution. r �1 Letter to the Members of the City Council RE: 387 Pelham January 28, 1982 , • Page Two In the long run, all persons associated with the decision to deny will lose, not gain, by a decision which is certain to be overturned (if not severely criticized) by the courts. 5) Lastly, a very few comments concerning the proposed resolution seem necessary. The resolution states that "uncontroverted testimony" indicates that the property was "never used as a dwelling prior to 1971" . In fact, the record is full of controversy on the subject. More importantly, the resolution indicates that, in fact, the property was rented out continuously since 1971. In view of that fact and the building permits issued before the effective date o� the ordinance, those findings standing alone compel and determine that the property is entitled to the requested status . Finally, let me assure the Council that Mr. Hooper has begun to take every reasonable step to solve the situation. He has begun to meet with neighbors and respond to their personal concerns. I know of no solution to this problem other than suit if the resolution is passed. It is my hope that you will not pass the resolution and that a solution will be found in the future. Yours very truly, /�� Kenneth E. Tilsen /gwe . . , . 1 . . � . . - . . . . . . . .. . • . �-., . . • . • . . .. . . . . � � i��: , � � . ' . �. . . � . . . .. � ' � � ' : " - , ; � �� s,� �.5-- _ . � . , �{ : , , - . . , � � ; . � . = � , . , , , �. � � , , : �� , . � . . , , ; : . . _ . . , ,. _ , � , � I � , , � , . , Febriiary Z, 1982. . , � . ' , � , � � . . � , - , . , :. . , � � � ; ' .. Da�rid 1lreper , , - , � �87 Feliam �Slvd. . ; - , , , 3t. Faul, Mi�.esota, SSTAk ; - lSaar Ms. Bra�ar s ° �, � ; . ' , - ; _ , ` , (�n Ja�tary 28, 1982 the 3t-. Paul City �Ccn�rcil ad?�p�ad ±a reso3�rtien d�ayi��7roux ,appes2. to a�di�cision v� ,ths,�t. P�itt1: Boa:rd of 8�3ng , ,, ; �� Ap��als for pYOperty dt 387 �Ps�2ham Hlvd'. ffi�loaed for q�ntr�tnfat'd4tion ;. . � 3s,a cOpq of Cw F. NO. 27$12�� . , . ' : ., Very ��cu:k,g yourr� . • �� . : , " �,:�..... . . , � �", t � .� . , . ; , . . , � �-- �—.��'.,�;r-..,.�!/.s � � Albert,By Ol,ron , . , � , _- C�fi�r Clerk ' , _ , � . , � , . . Baclosu"re . � � � � ccs_Byron SWetnson;� 383 P�1�t B1vd., St. �in1, Mis1n�, 5��4 � Zo�issg ,Administrator � � ' � Pleanirig Co�sisaioa � , ' `� , , !� �, �srd' df ZoninB APPssls " . ,� - � : , �;; ' ,. ; , , . . � ' � ' ' , f _ . � . � , , � i _ , . , , , . , ; . � , � ; � , ` _ ' ' . , , � � � � � � �; � r , : i _ ' , 1 • � . , �' . , , . , .� - ;. , . � , , 1. . . . . , , . ' , , , . _ i J ` ��i��.2� . tRO��t=*�.,, CITY OF SAINT PAUI. �e �� DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT �.�� ii'i i10 a -,,' " DIVISION OF PLANNING �� .... 25 West Fourth Street,Saint Paul,Minnesota,55102 GEORGE LATIMER 612-298-4151 MAYOR December 17, 1981 Albert Olson, City Clerk Room 386 City Hall St. Paul , Minnesota 55102 RE: Zoning File #9009 - Byron Swanson City Council Hearing: December 29, 1981 Dear Sir: This letter is written in response to the appeal of David Brewer to a decision of the Board of Zoning Appeals that the Zoning Administrator erred in granting Legal Nonconforming Use Status for a carriage house to be used as a single-family dwelling unit. The property is located at 387 Pelham Blvd. and is zoned R-3, single family. On October 13, 1981 , the Board of Zoning Appeals conducted a public hearing on the appeal of the Zoning Administrator's decision. Eight letters from residents in the immediate area of the property were submitted in support of the appeal ; the Merriam Park Community Council supported the appeal of the neighbors. Testimony was heard from two persons in support of the appeal ; one person, Frank Claybourne, represented six of the property owners closest to the site. Testimony was also heard from David Brewer. The Board voted 6 to 0 to approve the appeal based on the two required findings : 1 ) it can not be demonstrated by clear and convincing evidence that the use of the carriage house as a single-family dwelling was in existence continuously for twenty years prior to the effective date of the Ordinance; and, 2) it cannot be demonstrated that prior to the effective date of the Ordinance the carriage house was converted to a single-family dwelling pursuant to building permits issued by the City of St. Paul . This appeal is scheduled for a public hearing before the City Council on December 29, 1981 . Please notify me by December 28 if any member of the Council wishes to have slides of the site presented at the hearing. Sincerely, i�GCQQiK �1� ��C,��f:�, Susan Von Mosch City Planner SVM/mb attachments a�0 , , 01.1� `�� city of saint paul board of zoning appeais resolufEOn zoning file number 9009 date October 27, 1981 WHEREAS, B�RON N. SWANSON has applied for an Administrative Review under the provisions of Sections 64.206(_1 � and 62,102, SubdiVision 1 of the Saint Paul Cegislative Code, of the decision of the Zoning Administrator to grant an application for Legal Nonconforming Use Status far a carriage house to be used as a single-family dwelling located at 387 Pelham Blvd. in an R-3 zoning district; and WHEREAS, the Saint Pau'1 Board of Zoning Appeals conducted a public hearing on October 13, 1981 , 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 Loning Appeals based upon evidence presented at the public hearing, as substantially reflected in the minutes attached hereto, made the following findings of fact: l . That the applicant cannot demonstrate by clear and convincing evidence that the use of the carriage house as a single-family dwelling was in existence continuously for 20 years prior to the effective date of the Ordinance, December 15, 1976; � 2. That the applicant cannot demonstrate by clear and convincing evidence that prior to the effective date of the �Ordinance the carriage house was converted to a single-family dwelling pursuant to building permits issued by the City of St. Paul . NOW, THEREFORE, BE IT RESOLVED, by the St. Paul Board of Zoning Appeals , that the Zoning Administrator erred in his decision to grant Legal Nonconforming Status for the carriage house to be used as a single-family house at 387 Pelham Blvd, and that the appeal be granted, in accordance with the application attached hereto. �"n��/e(� by Mr. Peterson Decisions of the Board of Zoning Appeals are final subject to appeal se co n d ed by Mr_ Kirk _ t0 the City Council within 30 days in favo r 5 by anyone affected by the decision. against � �---�- MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS IN � CITY COUNCIL CHAP4BERS, ST. PAUL, MINNESOTA, OCTOBER 13, 19a1 PRESENT: Mmes. Morton and Summers; Messrs. 6rais, Kirk, Osborn, and Peterson of the Board of Zoning Appeals; Mr. Segal , Assistant City Attorney; Ms. Lane of the Division of Housing and Building Code Enforcement; Ms. Beseman, Ms. McNeally, and Ms. Von Mosch of the Planning Division Staff. ABSENT: Messr. t�loods. ; The meeting was chaired by Gladys Morton, Chairman. BYRON N. SWAPaSON (#9009) : Administrative Review of the decision of the Zoning dministrator to grant an application for Legal Nonconforming Use Status for a carriage house to be used as a single-family dwelling on a single zoning lot at 387 Pelham Blvd. The appellant was present. There was no opposition present at the hearing. Ms. Von Mosch showed slides of the site and reviewed the staff report with a recommendation that the Zoning Administrator committed an error in granting Legal Nonconforming Status for the carriage house. Eight letters were received in support of the appeal . �� Frank Clayborne, 2436 Beverly, representing the appellant, testified that he has 6 letters from the neighborsclosest to the subject property and who have� lived there for many years stating that as long as Edward Brewer resided at the property until his death in 1971 , Edward Brewer was the owner and occupant of the premises. They state that having been in the carriage house and on the Brewer property, it was never used as a sinale family residence or a residence o�' any kind whatsoever ur�til Edward Brewer died. He commented that Edward Brewer was an artist and used the carriacte house as a studio continuously throughout those years and it was never used as an apartment c�r living SuaNters for anyone. Subsequent to when he died in 1971 , David Brewer inherited the property and in 1975 applied for a permit to do some work there. The basis upon which the nonconforming use status was granted was on the basis that it had been continuously used for the purpose of a single family dwellinct for 20 years prior to 1976. He stated that this is not true and that 7 of closest neighbors are present and will testify to the same if the Board wishes to hear theme Maureen Heap, 1841 Dayton, representing Merriam Park Community Council Housing Committee, testified that the Cor.ronittee supports the appeal of the neiahbors in opposing the granting of a legal nonconforming use of the carriage house as a single family dwelling unit since it has never been used as a residence since the effective date of the Ordinance. _ David Brewer, owner of the property in question, reported that he does not want to use the carriage house as a home, he intends to sell the property, and will not be going ahead with his plans. He also commented that he lived in the studio while he was going to college; he knows its facilities and what it is capable of and knows how it has been used in the past. Nearing no further testimony, Ms. Morton closed the public hearing portion of the meeting. BYRON N. SWAhSON (#9009) Page 2 Mr. Grais made a motion to grant the appeal based on findings 1 through 6 of the staff report. Mr. Peterson seconded the motion. The motion passed on a roll call vote of 6 to 0. � Submitted by: , Approved by: ,, �i � �� .��CL+d. �/Gk��l.� , '� �i� � � Susan Van ��losch Gladys Morton, Chairman _ , MINUTES OF THE BOARQ OF ZONING APPEALS "'� SAINT PAUL, MINNESOTA � OCTOBER 27, 1981 MEMBERS PRESENT STAFF PRESENT Sam Grais Jerome Segal Attorney James Kirk Wendy Lane Building Depar�. Gladys Morton � Mary Beseman PED William Peterson Susan Von Mosch Vincent Woods MEMBERS ABSENT Dennis Osborn � Gayle Summers Meeting chaired by Gladys Morton, Chairman APPROVAL OF MINUTES On a motion by Mr. Grais , seconded by Mr. Peterson, the minutes of the October 13, 1981 meeting were unaninously approved. APPROVAL OF RESOLUTIONS Z.F.n Plame � Moved Seconded Vote Action 9002(a) Panama Flats Corporation Peterson !•Joods 5-0 Approved 9002(b) Panama Flats Corporation Kirk !Joods 5-0 Denied 9008 Marvin Anderson 4loods Grais 5-0 Appraved 9009 Byron N. Swanson Peterson Kirk 5-0 Approved 9010 Rolland Robertson Grais �Joods 5-0 Approved 9016 Alberto & Helen Quintela Peterson Kirk 5-0 Approved 9012 Perry Giles tJoods Kirk 5-0 Approved 9017 David Ames t•Joods Kirk 5-0 Approved 9018 David Ames 4Joods Kirk 5-0 Approved 9019 David Ames 4loods Kirk 5-0 Approved 9020 Walter A. Bowser Kirk !�oods 5-0 Approved 9021 Hennen Development Peterson L•loods 5-0 Approved Discussion on Resolution #9009 - Byron N. Swanson Ms. Lane stated at the hearing it was assumed that the carriage was illegally created as a second unit. There is a possibility �that it might have been legally created because the lot size was large enough so that they might have been able to add a second unit be�fore 1975. It is not really certain when the additional unit was added. `� Ms. Von Mosch reported that the buildin g permit was issued on October 16, 1975 and the Ordinance went into effect on October 25, 1975. The permit was for alterino the carriage house and constructing a 6' high fence in the front of the property for the amount of $2,500. Staff felt that this was not clear and convincinq evidence that it was a legal conversion, i 1` i � ��r'� �� R�� '��P � E� � t� . �111lERF�1�1N� PAF�� , �, C�11�l�L.�NI"�'V ClDIJ�CIL, i�c. -y � 645-0349 • WILDER AT SAINT ANTHONY . SAINT PAUL,MiNNESOTA 55104 O �� F,� p�A� October 6, 1981 ' '' i�. " '';,l I�� i� �; ; _._ ` L L!'� '�; . � i t!_' ,1 , . . � .i r. ... �. i'..t:,`•�: .'•;s. Gladis Mortor., Chair � - Board of Zoning Appeals t � y r'j� ' 'i -;, .., 1100 City Hall Annex "'. ' , ' '"� 25 West Fourth Street St. Paul, tdinnesota 55102 Dear Ms. Morton: The Housing Committee of the Merriam Park Community Council discussed the appeal of the Zoning Admini.strator's decision to grant legal non-conforming status for a garage located in an R-3 Zone. Legal non-conforming status will permit the garage to be used as a single- family dwelling. ' After investigation and discussion with concerned neighbors, the Housing Committee made the following motion: "The Merriam Park Community Council's Housing Committee supports the appeal of neighbors in opposing the � granting of legal non-conforming use of the garage at 3�37 Pelham as a single-family dwelling unit, since it has never been used as a residence since the effective date of the zoning ordinance." If you should have any questions you may call me at 645-9815. Sincerely, %��G�,�l�11-ein.�.� O`��'� Mau en G. Heap, Co Chair Housing Committee Merriam Park Community Council CC: Byron Swanson David C. Brewer . ..,� � ,__... , � :�: �. � t�_ �.w-�• � �'��C/.X)'„C�C�r..i i u — . _ �� /�.�� ,.� .��: .��--� , � , � r � ,� �' � . . �� J` , � .. �` �, I�'�"��-� ��.- �-xµ��: ,..i�� v� � . �"`'' ""'�'�` ��—i%,'c✓1 ��e� � �'�'r� .l � ,��t� y � � �� i �Q/`C/' /J // G�'�� Q- .��--i� .T ��2sL�.e�c.� � y� ,( ��1�.{�1�/%%� { � 'I�3-}^�t ��`' � C ��-� •2�'��.�,� �=�..� � �.GLG��, 2 -�� liC�' �1/.2��.�� '--��..��./" � G��'�� .��r.�'L� . ��Q.G��J''�'' =-�'�!'�� r/ _ e r '� i . r/� ,,�9 � > . � .,,(/Yt� ,.C.�` �i�` (��,y,C.,� �,`�� .�� [� ��,� ��'�- -�-�' f , t _� �G� Cic.v`r�r��' L��'�-��- :�� ?� ��.�� ,�, � , /� ,,��:p ..� �� /UU/y�fl'�r.-� �,��iQ�� , �///// C l 1�// / / /A/ l/ .�d�_ ✓ .� • . 1%�Zli'^' ✓✓�r � �� / V— �/4/ �-°Wrj•�� ' . .. �� c� � i!�' I. �� , _ � ' ,�� '�� /�� .-� �.� i � �� .��..� ..� ,z� �-� � v--�-�. I , � � � � . �,� a�� -��.:.-,-�-�� /-e �=��.-�� .�� ' � � ,i�,��a� .�� :,e� �.� ��..�'�� ,.-�. tiz.� � � _ _ , �� u � � ; � j�'�i ��/� �G �' Xr'2".,t'�-e�' � � P j� k � �-'Z�.kr .� '_ ��` � � .. f ��i, �,r. .��.('/ /t /J �j •• ��,�rj '�"�''' ,r�f t+fr3�� .. e.s/.� �� G ,�G.�'�•c%� �j�� . �% � � ,�/9 . . . i-�„ti . `r/c G�� i. �� i�G(�'v �:.T�i E'�0 � � ,�� i;v':i�':,��: `� a.'�k..{Jr-�v ��°;CC'2�C_.�"'� _ _ S�i�f � �� ! j � S� � r . `�� + i F - t � y�()9 � ZONING STAFF REPORT 1 . APPLICANT: BYRON N. SWANSON DATE OF HEARING 10�1�81 2, , , , , , , . . . . . . . CLASSIFICATION . . . . . . . . . . . . . . . CURRENT PLANNING & ZONING COMMITTEE BOARD OF ZONING APPEALS Rezoning ❑ Variance ❑ Special Condition Use ❑ Administrative Review � Determination of Similar Use ❑ Other [� Change of Nonconforming Use ❑ Other � ❑ 3. LOCATION: 387 Pelham Blvd. (FJest side between Beverly and Desnoyer� 4. LEGAL DESCRIPTION: See file. 5. PRESENT ZONING: R-3 ZONING CODE REFEREP�CE: Sections 62,102 subd. 1 & 64.206 6. STAFF INVESTIGATION & REPORT: DATE Oct. 2, 1981 gY Susan Von Mosch -------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- A. PURPOSE: Adminlstrative Review of the decision of the Zoning Administrator to grant an application for Legal Nonconforming Use status for a carriage house to be used as a single-family dwelling on a single zoning lot in an R-3 zoning district. B. FRONTAGE & AREA: This irregularly shaped interior lat, located off the corner of Pelham Blvd. and Qeverly Road, has a maximum width of 80` with a frontage of approximately 70' on Beverly Road and a depth of approximately 195' for a total area of approximately 15,000 square feet. C. SITE & AREA CONDITIONS: The site contains a two story single-family house and a carriage house, The carriage house is located on the north side of the prirra;�y, residential structure. The alley between Beverly Road and St. Frontenac/Desnoyer is not developed; there is no alley access. Currently, parking space is provided at 387 Pelham in a fenced area located in tt�e front yard. Through a long standing easement agreement, t'ie property owners at 383 and 387 pelham Blvd. sfiare a common driveway. Surrounding land uses include single family houses to the north, south and west, and the Town and Country Club Golf Course to the east. D. ADMINISTRATIVE REUIE6�J: Section 64.206(1 ) of the St. Paul Zoning Ordinance gives the Board of Zoning Appeals the power of administrative review: "To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, or refusal made by the zoning administrator and any a�her administrative — official in carrying out or enforcing any provisions of this code." Sectiun 62.102(ij states that "a use w�ill be presumed legally n�nconForming if i�c can be demonstrated by clear and convincing evidence that prior to the effective date of this code the use was established, converted, or enlarged pursuant to building permits issued by the city of Saint Paul ; or if it can be demonstrated by clear and convincina evidence that the particular use had been in existence continuously for twenty years pri�r to the effective date of this code. The burden of proof shall be on the applicant for a permit or certificate of occupancy as the case may be." The applicant alleges that the Zoning Administrator made an error in his approval of a Legal Nonconforming Use permit for the carriage house at 387 Pelham to be used as a single-family dwelling. E. FINDINGS: 1 . According to the accessor's records the primary residential structure was moved to its present location in 1918; the structure is currently accessed as homesteaded property. The first reference to the carriage house appears in 1934. From 1934 to 1980, the carriage house was accessed as a one-car garage and an ar�tist's studio with sanitary facilities. In 1980, the primary reside.ptial structure and the carriage house ��ere given separate accessed, values ; the carriage house is current?y evaluated as a nonhomesteaded studio apartment. 2. According to the neighbors, the carriage house was in continuous use by Mr. Edward F;rewer, an artist, as a studio-workshop from approximately the early 1930's until his death in 1971 . Prior to 1971 , the carriage house was not used, nor equiped to be :ased, as a living quarters. 3. Polk Directory information or. tFe s;tc is as follows : Date # of Units 1955 1 - owner occupied 1965 1 - owner occupjed • 1969-70 1 - owner occupied BYRON N. SWANSON (_#9009) STAFF REPORT Page 2 Date # of Units 1971 1 - owner occupied 1972 1 - owner occupied 1973-74 1 - owner occupied 1975 1 - owner occupied 1976 1 - owner occupied 1977 1 - owner occupied 1980 2, 1 - owner occupied 4. It can not be dem�ns� � onvincing evidence that the use of the carri a e ou s a i n 1 e-fami 1_v dwel l i n has ee—n-in-�ex�istgnce- c��r��ou�'iy for years prior to the effective date of the r inance, e�cem er 13, 1976. 5. According to Building Department records a building permit was issued on �ctober 25, 1975 for alteration of the "existing servant's quarters" and construction of a 62' fence. The total estimated value of the project was �2,500. There is no record of the carriage house being converted to a separate dwelling uni . 6. It can not be demonstrated by clear and convincing evidence that prior to the effective date of the Ordinance the use of the carriage house as a single-family dwelling was established pursuant to building permits issued by the City of St. Paul . G. STAFF RECOMMENDATION: Based on findings 1 through 6, staff finds that the Zoning Administrator committed an error in granting Legal Nonconforming Status for the carriage house at 387 Pelham Blvd. . �. : _ . .. .... . ... .. .. . .. . . _ . , ._ _.___. , : , _.: _ r' . ��;) . ` . , � � ;02 %�'�'��v~ �r' ' 5 ,o, � . � CfTY.�F SAIN�" PAUL ,,_ '�'z¢ � �� DEPARTM �F COMMUNlTY SERVlCES � ili11J6 � � .. . . . _ . � . �� 1 L1 w� . �•;• DIVIS{ON OF HOUSi AND BUILDlNG CODE ENFORCEMEI�T 4Y°,�m,.;,;" i` � MS City H�11,St. Paul,Minnssota 55102 GEORGE UITIMER ' • . 612-298-4212 MAYOR.. �2 . / . � . � ' � . � . � : August 31 , 1981 ; � �� ' �� . � � , , ��- � . ;�: : •� David Brewer� . ' :� 387 Pelharn Boulevard � . .� . Saint Paul , Minnesota 55104 � � � Re::, 387 Pelham Boul . - - _ ,. � Dear Mr. Brewer: � � Youx application for legal nonconfaxming status oi� the caxrzage - � house at the referenced property has beeli approvecl. Xau ma.y use the carriage house as a single family dwell.ing . � � - . To summarize ; the i'ollowing determinations have been `made regard- ing your property; The main building at 387 Pelham is a single family dwelling . The .carria�e house at 387 P.elham �is . a si.n�le � family dwelling. The building at 2432 Bevexly Road .is a single:�.. � � £amily dweliing . . . ' . . Enclosed is the definition of a family according to t}ie Zoni�2g:.;,. ,. . Code . Any questions regardin:g thi.s matter contact Jahn."Hardwzck: � at 298-4215 . ; , .. , - , . ; . ; SiricerelY, ; � . � � � . � i . . . Glenn A. Eri kson i , . . . • : Zaning Administrator �� ` � . � . � � . ;� . � � GAE/WL/eh � _' . • � : � Enclosure: � : � . . .,,�� tEf ��; �� . . ; - � �;� t.,;�� l' .`_'. �-� c : 'Frank Clayhourne , Attorney �,', ,�� - � . . . � . . � . . ' S��' r�^;�,� �, �.�•�J�-�. , � ' ' � � � ' �✓i.� . . � � . ' . . . I �. ' . •�,..x'\ [�, 1�h�j,� . { LJ �: yj'1�' :. --.__.,.._. � , � � .__.. � . _ .. � .. �� . r�e+is Y •4 T` � M'� i - � '� "` "�� i .'" �n O"f 1 < -ry r t � � .f � a��:aN �� t'r.t��•a � -%-'—�� , �� . -�. . � i �- ; "st ! ..._._.._..�. �.�_.._.�..r ._._.... . 't '.. ' . . . . ,{ ,� � 3. f-: ; . '.,� . . . "� � ,::. S +� . ., _ �,f� ; y ?Y' � . � . �'� '� , � . . � � � . , � �i - � : . ��!r it�i �i-..r w�� - . - 7: ' � _�^ "`:.jw� -.✓r}?.. � . . . . . . � - � ` : t ;�;� �,ti Fr? ��! � . . -. � . . . . . . , . .. �� j ;�.t � . . � �z�;�Y,� t 'i l 't b � 'fl�s4�.i'L�x�� .. .' . . . , � � � . . . , . •�-`�a,J.'"'�O�- . t .•l�� • � __.._.�..,,ss.:+:.�:,�'''�"*°!'fY�''^�'�+-,,,�,��.aT�',ix#��1��,��,�tE-*k•�. .��. • . . , APPLICATION �,' `,� �� ;�� . , FOR LEGAL NONCONFOP,MiNG STATUS . -�_� � � .� . SAINT PAUL LEGISLATIVE CODE, 62. 102a: For purposes of this section, a use will be presumed legally nonconforming if it can be demonstrated by clear and convincing evidence that prior to the effective date of this Ordinance (12-13-76) the use was esta6lished, converted, or enlarged pursuant to building permits issued by the City of Saint Paul ; or if it can be demonstrated by clear and convincing evidence that th.e particular use had been in existence continuously for twenty years prior to the effective date of this Ordinance. The burden of proof shall be on the applicant for a permit or certificate of occupancy as the case may be. FILL OUT COMPLETELY ADDRESS OF PROPERTY ��', l ��(-��-�;),.L� / _\) ,) +/ I , � �- /� .�_ �L �, I� �'l� . 1�/L.�L /��1,�, . r�� • `'' / PRESENT USE OF PROPERTY N0. UPIITS NAME OF OWNER �A�,�� -� �' i�jf?L_1.��'�:�1� . PHONE N0. ,rc,�E�`f - �cCi'-`�G MA I L I NG ADDRESS >�; _-L i..j,- .,� '. � � ��- �-}�;� �, ;�^_ c —�� _ �1 � � I �/ i� r�1 �, �� '1 LL OUT A. 0 t B. ? � `��P 1 � ��j ``� �..� (�l�'�i > A: �f�AFFIRM THAT THE PRESENT USE OF TH1S PROPERTY AS S7ATED A601J,�. 4�RS�'�:STa.��S}1E�p�PURSUANT v� ?� ,, TO BUILDING PERMITS ISSUED BY 7HE CITY OF ST. PAUL. � '-�� :-.-,; � _. . " S I GhJATURE OF OWNER THE FOLLOWING. EVfOENCE fS PRESENTED TO SUPPORT THIS CL�11M: - / �i � / ;- � � - � B. I AFFtRM THAT THE PRESENT USE OF TNtS PROPERTY AS STAT D ASOVE/HAS�BEEN�( EX[STENCE CONTINUOUSLY PRIOR TO DECEMBER 13, 1956. � ; �! �/ � � ,��r-� z � _�'�-�.v-' C . -- SiGNATURE OF OWNER THE FOLLOWING EVtDENCE IS PRESEtJTED TO SUPPORT THtS CLA(M: _ � �' ��i% "�,'i /I/��%-r (�n �-��. � �/ t,':� -�� ":J:l��/{ � i .•�� '� � �� / / ` `l �, �l;% ��7i //-- � - f • ! ,� r �� , J� / , ,� . : . / (/� . ,J/. _ - ^> i ` ��tt,�c� r 1 �l i ..�� !�� \��, .� ' �: .I).l i��(, 1 �: �' �'t l� {+�r � ��' j �T.�.� ;i !'L . 71.� � `, l.1 —r 1i, �! , 1 �� - ° 1 � �' ''' _ 1 i/,,i, � :.� ,. �J , i � , ,r.,� %i ;f �`*;� ',�� /�.�� _ ,f < ,ii %, , t.i '1'�/ 7 ;J�,v i� i i.�%-'r ' �r /' . / . ,. . �, !:T_'_ � !�� _ /,/ 1 1.'}J� �i �tiw�� .'� \ � i' t_i- /�,I f 1..I n` f��,��! !-. 1 � � � /' , i . , �. .. . :� r , . �� ;�. .��(� �J �: fi"1'1 � � �� . � --,"r� .'/.:� } .. � - �. . � �/ . - - . J � i ` !,� � it '-�i.. � ._j! �• . C�..f _ �.G_f.._,_...---.__._�._..___._.. ZS _�:,��L.t, /� w i/i, ,:�' � �� , r( i /�'' .. . . i'.. �. ry�� J � �_'.Y" /' J�,v , ! / �� , „� - �O� N � � . , t 1 f// ` , ,' � ` � �� ,^ , � i '14' ;� .� � , � N �� a ��. ; :` /l:, ._L ,.�,_ti . .� 1 �; ,: ; � - . �''" - : � � i f . � �� '� . �� ZONING BOARD APP�:�. FR.��4 �, 1 �' 7 � ORDINA�IC� VR�i1�NCE APPLICATION FOR; ZONING , CITY OF SAINT PAUL A VARIANCE OF ZONING CODE CHAPTER ,SECTION PARAGRAPH IS REQUESTED IN CONFOFiT ITY WITH THE POWERS VESTED IN THE BOARD OF ZONtNG AP— � � T Yt I nl ��--t1l� n—.-� �/F ��U t E.(�/ ON PROPER7Y �, �- PEALS TO PERMIT THE t �� F: i�� DESCRIBED BELOW. .rc't�'" :�N°�.�: :,��,p.�:�. A. APPlicant; NAME: �3 rOII N W3 ��''9�'>'' w��'�� AODRESS 383 Pelham }3�vd � Sr P�u� �tinn. �� ziP coQe 55�nt� � ,:� � DAYTIME TELEPHONE NO. 6��+-03 1 1. Property interest of applicant: (owner,contract purchaser,etc.) 2. Name of owner (if different? B. Property Description: ADDRESS Sag attachment'.. 1, Legal description: LOT BLOCK ADD._ _ ,.•..-J �` . 2. Lot size: � � yj !�3. Present Use Present Zoning Dist. ,. � C. Reasons for Request: ly�t applicable_. � �� \f� 1�� . 1. Proposed use ,. S{e �� . ��R� , � ��d qr�Cytbf the permitted u$es y, What physical characteristics of the property pre,vCept't� y��n�� ,.. in your zone? (topography,soil conditions,s��+�d ia�S, o�C'etc.) ��r . . .-,..__ ... • __._., State the specific vanat�on reque3ted;givmg-distanceswher�approl�l:.dte�.,,_,_,_,�_ 1 { I 4. Explain how Your case conforms to each of the following: � a. That the strict application of the provisions o�the Zoning Ordiance would result in peculiar � � or exceptional practical difficulties,or exceptional undue hardships. 1 • .� ° � 1{�� . �'� . . � ,�•1��A�{�� 1 . � . . 7# i�+A}i�:� L CASHIERS USE ONLY `��'�� ` �<��;�,:2�vi ��k'`'� � b. That the gra�ting of a variance w+ll �-�,.� �.� �,�r � not be a substantial detriment to _ — -;, � � t7'�f�y,-�•�'� 7� , . ` ": � �5 3xi�2•lf��f"4 �=��" public good or a substantial impair- r r�-. . . . F �-� ment of the intent and purpose of _� '� -� '`''-- � . the Zoning Ordinance. _ ,, - ' �� _ ,� _-- � - - - t .1 ; E r NOTE: THIS WILL NOT BE PROCESSED WITHOUT A COMPLETE SITE PLAIV! t ._ � r ��.,.., �'/ �: r;�-.:, i'r'� ��' i Signature , - . � i - �' Oate Received , MICHAELJ.DONERTYI1882-1973I DOHERTY, RUMBLE � BUTLER � ALANI.S�LVER WILFRID E.RUMBLE 11891-19711 ROBERT H•WENNER PIERCE BUTLER,JR.II893-1957) PROFESSIONAI ASSOCIATION ELIEN HIGGINS J.C.FOOTE . JAMES R.CRASSWELLER �RVING CLARN � JOHN A•YILEK TNEOPHIL RUSTERHOL2 AT'rORN EYS AT LAW BRUCE C.FAULKEN FRANKCLAYBOURNE � JEFFREY B.OBERMAN PIERCE BUTLER - GYNTHIA S.ROSENBlA7T JOHN L.HANNAFORD ISOO FIRST NATIONAL BANK BUILDING GREGORY.A.KVAM PERRY M.WIISON,JR. . ROBERT S..BRtLL JEROME HALLORAN SAI NT PAU L, M I N N ESOTA 55I OI PENELOPE H.CA�RNS JOSEPH M.FINLEY . MARC WLARSON MENRY D.FLASCH � DAVID P.DYSON EUGENE M.WARLICH TELEPHONE (612) 291-9333 CARTER G.BISHOP � JAMES K.WIT7ENBERG THOMAS A.CONNOP ROBERT�.DAVIDSON qMY B.SAOOPF � JOHN J.MSGIRL�JR. WRITER�S DIRECT b1AL NUMBER RICHARD H.ZEHRING THOMAS E.ROHRICNT JAN�CE L.022E110 BOYD H.RATCMVE ELIZABETH HOENE BURTON G.ROSS 291-9260 MARY E.PRQBST RALPH K•MORRIS BRUCE E.MANSON L�SA M.MURWITZ J.LAWRENCE MSINTYRE MINNjEAPOLIS OFFICE ANN'HART WEi7NZ RICHARD A.WILHOIT ' JOHN G.NOESCHLER 3750 IDS TOWER KAREENYR.CK UNDON WILLIAM J.COSGRIFF pICHARD B.PETERSON MINNEAPOLIS�MINNESOTA 55402 NEVIN R.HARWOOD RONALD A.ZAMANSKV DEAN R.EDSTROM � . WItLIAM L SIPPEI C.ROBERT BEATTIE TELEPHONE (612) 340-5555 DAVID G.MARTIN � STEPNEN T.REFSELL TELEX 290-635 � GEORGE L.MAY - OF COUNSEL WiILIAM J.HARGIS FRANCIS O.BUTLER JONATMAN P.SCOLL � � HAROLD JORDAN TIMOTNY R.QUINN DANIEL W.O'BRIEN September 1V� �Jp1 W�LLIAM B.RANDALI City of Saint Paul Division of Housing and �;;i �� tt; !� �I �;�� }�; �� Building Code Enforcement {±� '=�' � �`- `� '� �` � � 445 City Hall � „ ,�;�,i ,_r r ! v i;.:; St. Paul, Minnesota 55102 ��-� ;� z:��• Re: 387 Pelham Boulevard -- �S''i ��:�`�'i`�� ;"f�E�y ;��.-r,f ;='��,;, '::�;;;.:��v::i_; Nonconforming Use of Carriage House as a Single-Family Dwellirig Gentlemen: By a letter dated August 31, 1981, the Division of Housing and Building Code Enforcement approved an application of David C. Brewer for a nonconfor.ming use of a car.riage house located on the premises at 387 Pelham Boulevard as a single-family dwelling. That approval by the Division of Housing and Building Code Enforcement was purportedly granted upon the basis of " . . clear and convincing evidence that the par- t�cular use had been in existence continuously for twenty years prior to the effective date of [the] Ordinance. " (I.e. , since December 13, 1956. ) Mr. Byron N. Swanson who lives next door to 387 Pelham Boulevard is appealing that decision on the basis that the statements contained in Mr. Brewer's application, which indicate a long continued use of the carriage house as living quarters, are simply untrue. This letter is written in support of Mr. Swanson' s appeal, which is also being supported by each of the other four neighbors who live closest to 387 Pelham Boulevard, each of whom is located within 350 feet thereof. _.._.. ._____----•---_..-.�..-a.'�""._._---- �� _ .... ....�-.�...•..-� w.:L � .m:y a w { . � .. � �,a � - . .o _ __ . . . _.. _a .. v � � �s.�. . ;.� DOHERTY, RUMBLE & BUTLER PROFESSIONAL ASSOCIAT�ON City of Saint Paul September 16, 1981 Page Two I have owned and continuously resided at 2436 Beverly Road, from November, 1954 to the present date. My home is located four doors north of 387 Pelham Boulevard and is well within 350 feet of that property. Until his death in September of 197I, DZr. Edward Brewer owned and occupied the residence at 387 Pelham Boule- vard as his homestead. After the death of his wife, Mr. Brewer lived there alone. Ed Brewer was a portrait painter of considerable talent and reputation. On his property he had a small carriage house which he used exclusively as a studio for his portrait paint.ing. As a friend �f Ed' s, I visited k�is carriage house studio numerous times prior to and up to about the time of his death in September, 1971. On the basis of such firsthand observation, I know that the carriage house studio was not used as living quarters and that it was not equipped to be used as living quarters prior to Mr. Edward Brewer' s death in September of 1971. Yours very truly, � =�_ Z� � � _--�'��i'`/" L �r.:��1`�'�i" JFrank C�aybo ne FC:jj , �U �� I� �� `' i�`: �' t� � . i ,4 C;.:f..l '► • ^� ..i:_1 L � IL.y:1� �4.�'t �" t � k.�� .. .. � � ,si;�' �l..�?�!1`��'iS3 t:J�#f�+ ;a'f'.` rr'-ci.'f, �'.'E: .. ._.,_7 _ ._._ �___._._._.......__.._....__,.��.__�.�__.___._.......,__..._._.___._� � _y � . , 'a ., � u ::� -�d��.. 1 . _ , ��____ __.___ _..�__.._____.__ __..__.____.____.._.._.�_..� !�` �s �� , � �; 1 � �� Dep�rt*;ent. of Co;�±*�unit,y Services <;;-:�•� ,;� ,. u (?�;t �1giG�Ori of Ho�asina ?ri^. BL17_�.'�i"lr CO�iB 'r_nforcemen+. �� t ,_ c;11�Y f't��Y�;i��:;' s: •�. Gentle�en: c-�;,,; o _+ -�:1:;;�t� ... . ... .. . . .�s On �auj-u-t 11, 1981 � letter t•.*as sen+- t.o Da�rid. Bre*.•��r at 387 Benh_�.m p1�? statin� th�.t ?S3^. Erewer m�� use the s+ud_io a� a sinPle fatni?y dwellin�!. I-;r. Pre=.�er sinne�'. �. forr:_ cub-�itted �o hit� by yo�.z?^ �.ns�ector, John Harc�**ick, sta.t�r_g that "the p„e�en'�, u5e of �hi� propert�T as sta-`e�? has been in existance CO��'Il�r'1`�OT?SLY �rior to Dec, l�i 19�6. Undex the provisions of this housin� code �2.102a the stateMent signed bTf ?=ir. F?re�•rer `lated �hat'� IF I`I' CAN BE D��OI�TP,ATID BY CL�.�D _�P� cr�,n�Srrczr� F�.�m��dCE '�fi A^ `"N�' S^P�UCTtTi�:E H nS �.EIvT Itd ��I��.':1I•1�E CJN�"'.'II�IO?i�LX FO?'2�) YF'�AP.�� etc--- the BTJ�?�FN 0? PRO�F �H��LL BE ON ^1 H i; A?PL?C��'r FOr A P��I^ OR C�.T�FICATE OF OCCP�I�ICY" . I'-tr. Ed Bre��er, fat.her of David died Q-21-71 & ??avid did no� occupy the �ain resic�enee until af+er th�.t date. ??at.rid remoc?elec? the studio to m:zke it h�.bi-Eable. The s'�u�'io had baen ��*ithout tir�ter� plum�in�, �oilet facili+.ies & adequate he�tir_�. Pecau.°s of ±.he lack of -,`,he�e facili ies the �+rue�*me wasur_habitable, but most p�.rtiufiarly `'or 1?ck o�' adeau�te in ±he buil�inc. B� no stretch of ±he facts 1��a� the t��il^;ng h�t�±z'.le, esnecially ^�zrinc- ±.he winter. `�!'he buil'in� w�� ar?eauate as a ;.,or'��hop fo?' Ld B'_^6W�r� a gifted artist, but it was usu�lly in �'i^ar�.,y rrom the a�Ijoitl^• *.,o2'�;Ghop ��•here ?�_'r �re�•er �ac?e �icture frasnes. L�ri�r i•iinter month� lhe s=u!?io vras li+.tle uGed for months on end, even as a stu�io �'or '�x, �re��,„ ��1cec' to tranel out of the state, Califorr�Ia. Cuba.,, e+c. . I A�'ter the de:th of his wife �Ida, he er.jo�ed risi1ors & �risited hi*� in 'ni� ho�e �?�r�. ^-tur.iooften.Groups ��i+.e� hi� studio .�n`� h�s colorful �arden. I hote�3. ?�Ir. Ed 3re?.rsr on �t�ra occasion� �.t his favoxi1.e res+.�uran1, T��on�s a� I.exington and Larnenteur. Wit'� the ren':�n� of. the s+tudio �.n recent vearG the type of ten�r_ts was the sour ce of r��ny annoya.nces, un?ter�bt prer.?ises, �i��urb�.nces, too nu^�erous to t^ent�ion. L�a_fi3.d �-oes to �an�'ia�o in the Fal1 and this year returned. t?�e last day in June. No �uperz*ision. The Cor�plaint dep�rtr^ nt� Ci}y of S�`., P�ul �.�as notifiec? because of 6 foot hi�-h i.reeds, accura.�e1� r•!easured, an� *.��eed.s GTere cut 3 weeks later. �ridence to support ;`r, Bret•rers claim i� �ade by a si�-ned staterjent by Gaprice Glaser� stati��* "+he e�ntire +ime for 35 veaxs, or before� it served as ? �uest houser' . Accor:'inr? 10 one inforr�ant, �¢apricn � Glaser, a�e not.! �n her r�id--�hirties i� a reZative of Dat-�.c Brewe,:. My _residence adjoin� +�e �rewer proner�y to the South. In �rie�r of all fac�s, he s+udio sho-ala noy �e �'?'at7+ed � sin�-le f�?r,ily s-tatus. l � � � � � � . ._. __ .__.__-------___. _�.___________, ; ,_ , .: � w � :� �:�?a �,�ti�,: -l-�a/ � � , . ��ii� L�, i� � Ul� ��; September 3, 1981 _}:� ��,�,: _._ 1 �; 1�.�,� LiTY �'�1�6f�i�:G ��.'-1�D ��n} �-_::.:. .-. ,-.,. ; -t TO WHOM IT MAY CONCERN: - � We are owners and occupants of 3?5 Pelham Blvd. which is seperated from 387 Pelham by one 60 ft. lot and residence (383 Pelham) . We have resided at 375 continuously since Sept. l, 1963. We wer.e well aquainted with Mr. Ed. Brewer who lived at 387 Pelham until his death in 1971. We visited several times each year with Mr. Brewer in his yard, house and studio b�ilding between Sept. 1963 and his death in 1971. We were in his studio-workshop-garage building many timesduring this per- iod and observed it to be in use as a painters studio, work shop and garage for his automobile. We never saw it inhabited as a res- idence during Mr. Brewer's life. During summers of these years, Mr. Brewer had many groups that toured his studio, house and yard and we noted that he enjoyed showing his studio buildinq as his studio and workshop. Due to the openess of the yards at that time, we would have noticed ' additonal regularl� parked-cars on his�property and other evidence of a tenant living in the studio building. We saw none. Because we feel it will depreciate the value of our property, we ob- ject to an exception to the zoning law for 387 Pelham. We believe it is �at� improper to justify an exception based on continuous use of the studio buiding as a residence for the past 20 years when clearly this is not so. . � f/ ` � / � � ` _ -�1.-- - , �,/� ./'�%?iy' ~-- ,�-�..�1� �� - � � � ; ,._ __ _ _�_i , I -' : ^, � <-� f.+?3 n t� q�o 9__ ... ..�..r_..�.�� •: � �`y � � � ».- H .i a ii hu �r� sl'i� �'v4.L+� X � 2424 Beverly Rd. St. Paul � Mn. C ity of St. Paul , � Dep't of Community Services, i Gentlemen; We are Donald and I+'�arie Tibbetts, owners of our home at 2�2� Beverly Rd. , St. ` , � ( ` �� i' Paul, since P�!ay, 1930. Our next door neighbov��s,�� jkP � � L� � ,'�� Edward V. Brewer and his wife Tda occupied a� � ��' their home at 387 Pelham Blvd. until thezr �,.-,-, � :,:� r��„�� deaths some ten years ago , about 2970 or '71. ''-' �,'!i�Y �'�.,',�`;tv�'�:� ` , ;:;) Apart irom the house in which they ,,,,,,+ �- : ,,, :��_ , . lived is a studio where P�?r. Brewer, an artist, worked at his portrai�t painting, during tlie forty some years we knew him, until 1971. He also added a connecting garage and workshop to the studio during those years. Since his father' s death, in ig71 t�h son, David B�r� ewer has remodeled the studio and garage into apartments and kept �ti�em rent-- � ' ed contirn�ously since i971 , : approximately ten years. Zn addition , the main house has been rented to four or five students at a time , sinee 1971. � We believe that David Bre�er shomld not be permitted to continue to operate tne • proper_ty at 387 Pelham Blvdo as a commercial operation in a stric�ly residential neighbor-- hood, thereby depreciating the value of our adjacent property. �t is thereforeour urgent request that you deny David Brewer any applica�ion for a ch�nge from a single dwelling property a�t ' 387 Pelham Blvd. Respectfully yours, o�x�-�'.�/� ,1.�.=�� SePt• �. 1981• ° ` � r �y?' �l CziLc-C.� � ��-'��`"'�=' -.. ... ._. .._._.. .._ . , _ _ ._ . ..____ ._.. , _ «:_ �._:. ° ` . r. � 1d0�__ ' . r . . ._ � ' ,�_.�_�___ ._ _��.._____- ___._..��.._.� �LLOYD HOFDAHL, Agent � . 485 Pelham Bivd. ' St. Paul 4, Minnesoto Phone: MI 4-7130 SEPT. 3 19gt Division of Rousing and �uilding Code� Sirs : Our family moved to 485 Pelham Il1vd.and Heverly. �oad in Ma�ch 1954• �'.• a.nd I+�s. Ed, B�ewer Kere the first neighbors South of us. They lived et 387 Pelham BZvd. and �everly Road.where they lived until Ida ,1�.Brewer's �ife died and Fd.BreKer died Sept. 21,'f9�1. Ed., B�ewer hsd an Artistts studio on the � North aide near the residence. There was a workshop attache@ to the �tudio �here he kept 6is suppl.ies. Cne night there was a fire in the studio. and We �rere there . There was no one living in it. It w�asn'�t big ena�ugh. We vi�itec� �he Brwers a numb.�r of times a:1d they never had anyone 1;iving with them. After David Brewer moved in after his fatber had died ,wo�k was being done on the studio. ,� Q-- � � � �!� f� LrJ i� il �iil � i��f ;:r;� 1 t3 r �,,�� .��. f�• � • J '., i+ � �a v.n= �' k i:,,�., —a—`—J O�° 1 l�.��, i t�'i l�i�i�,'!V �K') 8�.�i;}Ed� �P '� '_�,_ � �.,•..� r� _ . . _� ...� _ _ __ ... _ _ .�. .� _�..,.,,,,,,�� _ '�, � , ` � ► F - � � `'i =�." '� < , f � , ��lZed ��, i�a� 2515 FRANKLIN AVE. - ST. PAUL, MN. 55114• (612) 644-4294 Sept. 14, 1981 City of Saint Paul: . Re: 387 Pelham Blvd, % Since FeU. 1961 I have homesteaded at 2434 B2verly Road, S:. Paul, and during his remaining Iifetime kneco the portrait artist Edward Brewer who o�aned and resided at 387 Pelham Blvd.. Ed had a small studio building with his one car garage attached on the east side. Ed was inordinately proud of this studio because he had erected it, and on each of his travels he cvould bring back some piece of history to attach to the exterior. I spent a number of late evenings in the studio with Ed as he painted and reminisced. At no time during the years to his death �vas the studio used as a residence, or could have been so used. �\ �� (�' � I� r ?�r Is 1�. ::��,� � f� 1�>�J ��, �,�i}� i"':.�(i�,,� ,. � ,� r•�i� ,,;;� �;ni � , � �,r�.i ij.�e'•sj; . .._ . �„ - ,:.`� _ - i � r.. f . , ,, �.c�o_� � � �: �:. . �.r . . � : _ _ _ _ ,. 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' . . � _ d � .. . . . . . . . � � �• . 1 . .. . . _ , � . . . . ;F �. � � � . . -. i . . ..� . � � .. , � . � . . . , . . . . � _ . .. . _ . � � . . . � , . - . . i: � . . .. � .. . �. . .. � � _ . � I � . . . . � �. . . � � . , � . . y.- . � . / DeQesbl2' l.� 198i � . ' . � , ' �'. PaW. D�sch I � ��►nc� nep�►rtment � . i Rbo�e 21$, City �lI � • Rds Appsal ot David Bre�er to a dt�i�ioa of �e Botrd oP Zonitig\ , ADD�aIs regnrding property at 3�'T� P�l,hu� Houlevard. . , D�tar Sir 3 � A'bearing date tor DeQemb,er. 29� 1981 to aonaidar t� abov�s- � cif�ed �a� established by the C�ty Couno�l st its Dec�be� 1, 1q81 meetin$: , - . , ; . Plea�se send notices to property owners a� ret�uired by: lsx. , � ' , Very truly youra, 1 , . , , 1 . Albert B. Olson Clty Clerk . , , , Att�sch. . . �8 s laat � ' ,, aat Pla�nnin� �taiY, Zoning S�ctioo , . • , ; ; $o�sin� & Bldg. Co�e Eafdree�� Division . ;, ' � , � �' , � . ' r;i , ' , , , � . _ , ,. , � . , _ , '� � . i ' _ • � � � , ; � � � . ; � ��y�y - � �o.c� HANLEY, HERGOTT � HIINZIHER ATTORNEYS AT LAW ` j;'"` 1750 FIRST BANK PLACE EAST :-`.^`'=' � PILLSBURY CENTER ��2� , 200 SOUTH SIXTH STREET ��V J.._, MINNEAPOLIS, MINNESOTA 55402 BRUCE H. HANLEY TE�[�MON[ DANIEL W. HERGOTT - THOMAS J. HUNZIKER (812) 338-69D0 November 20, 1981 City Clerk City of St. Paul 386 City Hall St. Paul , Minnesota 55102 RE: Appeal of Board of Zoning Appeals Resolution Dated October 27, 1981 Zoning File No. 9009 Property Address: 387 Pelham Boulevard, St. Paul , Minnesota Our File No. 7054-D Dear Sir or Madam: This office has been retained by David C. Brewer, owner of the above- referenced property, to appeal the decision of the Board of Zoning Appeals dated October 27, 1981 , in which the Board of Zoning Appeals overturned the Zoning Administrator' s decision to grant Legal Nonconforming Status for the carriage house at 387 Pelham Boulevard. Enclosed is our Trust Account check in the amount of $50.00 to cover the filing fee for this appeal . David Brewer submitted an Application for Legal Nonconforming status so that the carriage house located on the property would be designated a single-family dwelling. The property is located in an R-3 zoning district. The R-3 Zoning Ordinance became effective on December 13, 1976. Prior to December 13, 1976, this lot was classified "A" Residential . The relevant text of the "A" Residential Zoning Ordinance prior to December 13, 1976 states as follows: "No house shall be erected or altered to be used by two families on any lot whose width at the front building line is less than 60 feet and whose area is less than 7,500 square feet." City Clerk November 20, 1981 Page -2- Paragraph B of the Zoning Department' s Staff Investigation and Report dated October 2, 1981 indicates that the lot has a frontage of approximately 70 feet on Beverly Road and a total area of approximately 15,000 square feet. Therefore, this lot met the requirements of the zoning ordinance in existence prior to December 13, 1976 to be used as two separate single-family dwellings. Section 62.102, subd. 1 of the St. Paul Zoning Ordinances currently in ex- istence, states: "A use will be presumed legally nonconforming if it can be demonstrated by clear and convincing evidence that prior to the effective date of this Code the use was established, converted, or enlarged pursuant to building permits issued by the City of Saint Paul ; or if it can be demonstrated by clear and convincing evidence that the particular use had been in existence continuously for twenty years prior to the effective date of this Code." On August 27, 1981 Mr. Brewer's Application was approved by John Hardwick, the Building Inspector for the City of St. Paul , after a thorough investi- gation. On August 31 , 1981 a letter was sent to Mr. Brewer by Glenn A. Erickson, Zoning Administrator, informing Mr. Brewer that his Application for Legal Nonconforming Status on the carriage house at the referenced property had been approved. It indicated that Mr. Brewer could use the carriage house as a single-family dwelling. Following the decision of the Zoning Administrator and because of a long- standing feud between Mr. Brewer and his neighbor, Byron N. Swanson, Mr. Swanson filed an Appeal of the Zoning Administrator's Decision to the Board of Zoning Appeals. On October 13, 1981 the St. Paul Board of Zoning Appeals conducted a public hearing on Mr. Swanson' s Appeal . On October 27, 1981 the Board of Zoning Appeals issued its resolution granting Mr. Swanson's Appeal and denying Mr. Brewer' s Application for Legal Nonconforming Use Status. Apparently, the Board issued its ruling on the basis that several neighbors were in opposition to the Application, and that Mr. Brewer had failed to demonstrate by clear and convincing evidence that the carriage house had either been used as a single-family dwelling for a 20-year continuous period prior to December 13, 1976, or that the carriage house was converted to a single- family dwelling pursuant to building permits issued by the City of St. Paul prior to December 13, 1976. The minutes of the meeting of the Board • � a � �, i�:��" City Clerk November 20, 1981 Page -3- of Zoning Appeals indicate that there was no opposition to Mr. Swanson's Appeal present at the hearing, and that David Brewer reported that he did not want to use the carriage house as a home and would not go ahead with his plans. Mr. Brewer wishes to advise the council that at the time of the hearing he was very ill with the flu, running a high fever, had chills and was emotionally distraught. He was unable to adequately articulate his intentions regarding this property and so stated at the meeting. He had a feeling of hopelessness and resignation. Mr. Brewer feels that he meets both qualifications for Nonconforming Legal Status. The carriage house was built with the main house in 1918, and it can be assumed that it was built pursuant to building permits issued by the City of St. Paul . Mr. Brewer lived there while attending college. It was where one of his children was conceived and spent her first days in the 1940s. It was inspected by the Building Department on occasion over the years and was recognized as a habitable dwelling. It received various modifications in the over 60 years of its existence, but it has always had sleeping and sanitary facilities. The Findings contained in the Zoning Department' s Staff Investigation and Report dated October 2, 1981 indicates that the assessor' s records show that the carriage house had sanitary facilities as far back as 1934. It was equipped with sleeping facilities as far back as Mr. Brewer can remember. Mr. Brewer recalls that the kitchen was rather rudimentary back in 1949, but that it was periodically improved upon throughout the years so that by 1971 it was an attractive facility. On October 16, 1975, approximately 14 months prior to the enactment of the current zoning ordinance, Mr. Brewer obtained a General Building Permit from the City of St. Paul which specifically states that it was given to alter existing servants' quarters. At this time the carriage house was cosmetically decorated with new carpeting and enlarged windows. Mr. Brewer considered this the final touch to the alteration and improvement of the carriage house. Mr. Brewer submits that the Building Permit dated October 16, 1975 demon- strates by clear and convincing evidence that the carriage house was converted to its current use pursuant to Building Permits issued by the City of St. Paul prior to the effective date of the current Zoning Ordinance, December 13, 1976. Mr. Brewer also feels that he can demonstrate by clear and convincing evidence that the current use has been in existence contin- uously for 20 years prior to December 13, 1976. � � � y S�� J��} � r Q �N Ar/ City Clerk November 20, 1981 Page -4- Please follow the necessary procedures to place this Appeal before the City Council . Very truly yours, HANLEY, HE OTT & HUNZIKER �iC� Daniel W. Hergott DWH/j p � �•' � ST. PAUL CITY CDUNCIL � �� ''��^ PUBLIC HEARING N4TICE Z ONIN� APPEAL FILE N0. x9oo9 PAGE PURPOSE Appeal to a decision of the Board of Zo.ning Appeals to Grant Legal Nonconforming Status for the carriage house at 387 Pelham Blvd. LOCATION 387 Pelham (�dest side between Beverly Road and Desnoyer Avenue). See below for legal description. P E T I T 10 N E R David Brewer, 387 Pelham Blvd. H E A R I N� Tuesday � December 29, 1981, 10:00 A.M. Citv Council Chambers, 3rd Floor City Hall - Court House QUESTIONS Zoning 298-4154 Contact the Zoning Section of the Planning and Economi� Development Department, Room 1101, City Hall Annex, 25 W. 4th Street, St. Paul, MinnesoLa 55102 387 Pelham Blvd. Subject to Pelham Blvd. and easement vacated Calumbus tavenue and part of Block 23 southeasterly of Northerly line extended off Lots 38, Block 22 and northwesterly of southerly line of Lot 37, running to center line of said Avenue thence northerly of center line 3' thence by 5 courses northeasterly as in document 1191506 to point on west line of said blvd. 54.6' south from center line of Beverly road also Lots 37 and 38, Block 22, Desnoyer Park. 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' ` , � -i � '�-.y. 1 � . f f-�. ,�• �; i ��._t, � : � �� --- -.! 3 ! `�� "' `' ' � �• •�!� r_ ^ � .. �- ��E'>• _ .� ,' , _' �� " -�+�.s.~'z�_ . _�� =- " s � /� �-.�--�� l�y'��_��.,-+t ,�� ' � _- . . _____:�c _�-_.�._,, '. - t,_,_. , � � J!; ---�.-=--�= �--- _ .� " �-�_: ._ .� . � ��/ , s � � — . .. •� wpa„�J �•�.+ �.. .__ • , f ` _ ' � .+. �� . � " Y. s. g,a .i. � � _ � - -- __ . .� . y r,' v � e � � • i � :t�� . � .� � �` _ �� [ l� � � �,: :� � �� .. � t � . � it � . : t � l � �� 1 . . :_ � � � ,� . i ., � �.� 1��: � • ��'J�� . . � � _ � �.: 4. ^�.'.�� .* . � Z � � � rT �♦ � i � � �Y� ♦ t •��a� ' � �r � � r.+.3 � . � � _-3 "� �` f � � � � _ . . . . . . � � � <�� - � � � `J` %'k �s-� �c. ,.-� December 8, 1981 �� ' o f�= s�+' a� Ms. Ruby Hunt, President �� St. Paul City Council ��s � 7th Floor City Hall � St. Paul, Minnesota 55102 Re: Zoning File #9009 Dear Ms. Hunt: We, the neighbors of 387 Pelham Boulevard, are opposed to the appeal of David Brewer for a Legal Non-conforming Use Status for a carriage house to be used as a single family dwelling located at 387 Pelham Boulevard in an R-3 zoning district, for the following reasons: 1) The carriage house has not been used as a single family dwelling continuously for twenty years prior to the effective date of the - Ordinance, December 15, 1976. Many of the neighbors were in the carriage house during the years 1956-1971 when Ed Brewer used the structure as an art studio. The building did not have the faci�ities necessary for daily habitation. 2) At the Board of Zoning Appeals October 13th meeting, David Brewer stated "that he does not want to use the carriage house as a home." Therefore, the Board voted to oppose the Legal Non-conforming use due to the lack of clear and convincing evidence; Mr. Brewer's request for a withdrawal of the Legal Non-conforming Use Status; and the neighbors' opposition. � Due to these reasons we request your support in opposing David Brewer's appeal. - ��.K�'l.!'ry� _ ��G%` �.�UJ/Q-�!S G�(/ � � aI .� � _�� 'Q �.,� d�� . ��.1'1(/�1��.�� '�� ,-c_. ��-E� , _ 'u-�--�'--- -�- -- - � '.�� ih �a - -- - � -.�� _` _��i. , _ �`f 3 , � j�,��--�,3 0 �'a.ls� �T —_�.�s" G�1��.�, L l e YD,A��X� ��'<-z y� 5� r'�-�%�.-� �'c�� H�y �C�� -�-�_�,��.� �.,/�7 S �� GY�v�/ �� CC: St. Paul City Council Members A1 Olson, City Clerk l� . M P ��2� R�A '��P E� � t� � ��RiA� �ARK , W COMMUl��Y ^t�1� ' ��, , inc. -y,. � 645-0349 • WILDER AT SAINT ANTHO '4'' L.� 1��L, INNESOTA 55104 cQ_ _� _�(O ClTY C��P,K'� 4FFICE --- - '�1NN. � �,-.. , �:'�'.�_..' �ed e�sov�s DECEMBER 12, 1981 f x�c��r�tlr o�[��c��r� Bernard E.Nash /i� �� . � �3/ TO WHOM IT MAY CQNCERtV: � � `�0�� 9 ,.., � �- This is to inform you that I lived ��/ �°�� "SS `��J at 375 Pelham �3oulevard, St. Paul, Minnesota, �� from 1952 through 1959. I was acquainted ,� ' with my neighbor Edward Brewer at this time. � I was familiar with his residence at 387 Pelham Boulevard. The structure located immediately , �� J` ��`� '� east of his residence was, to the best of my l� �( ,� `-_, knowledge, used �s an art studio for his paint- � �' � � �� %l �� ' ing and associated business; it was not used � for dwelling purposes. ' � ,�,�� 2 I am now divorced, and my ex-wife 's 2 i�- ` `'�� signature is not available. �� _ J) � Q��i'�;�� M ... �e. / ..�tl ,' I /� � '`. �. 4 ��' V{i" \�i�. i��`/�t n y�J/A � �.--/E� �"/C'�~v Robert (�. Sigfo� � %l�/! �^,�y�2ii0�2� � � � � � � ,,,�- �� du �� ,�'�, �('�-��;�,,� ��u , v ��2��t / 7 � " � � � ��-��- c��e �� ; � _ � � �2�.�-t �2 ��%��c � ��-a� `�'-�� . �,�� ✓� , ' � �,�� -�.��..�� t� -�� -�-- � �� .�,� ��2�{ -'� ./�u%✓ .�Z�GC-G�� f l4 � �--C-Gu-j - � .�� .�ti��-�' �e- .��.� ' �-�� / �3-�- �� N-��.�� /�