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278129 WMITE +�- CITY CLERK P�NK - FINANCE [[[''''''��}�y[[[111 (� CANARY - DEPARTMENT . G I T Y O F S A I N T ��U L COU[ICII �" /�(,�'J� BLUE - MAYOR File N O. P �� lutio Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, Midway National Bank applied to the Board of Zoning Appearl.s for a variance fro�n the strict application of the provisions of S�ctions 60 . 535 and 61. 103 (e) of the Saint Pau� Zoning Code per- taining to the height of a commercial building in a B-3 zoning district to allow for the vertical expansion of the current bank structure from two to six stories, the property being located at 1578 University on the southeast corner of University and Snelling; and WHEREAS, Following a public hearing with notice to affected property owners, the Board of Zoning Appeals by its Resolution No. 9031 adopted November 24, 1981, varied the provisions of Sections 60. 535 and 61.103 (e) to allow the construction of a 63 foot high vertical addition to the existing structure at 1578 University for a maxi.mum height of 89 feet, the decision of the Baard of Zoning Appeals being based upon its findings that the strict application of the zoning regulations ��ould. result in exceptional undue hardship upon the owner of the property as distinguished from �nere inconvenience by reason of the size af the lot and the position of the existing develop�nent on the lot; that the variance could be granted without substantial detriment to the public good and with- out substantially i�npairing the intent and purpose of the zoning ordinances; that the variance could be granted without substantial detriment to the neighbors ' supply of light, air, health, safety, or property values and that the variance request was not based primarily upon a desire to increase the value or income potential of the parcel of land; and WHEREAS, Pursuant to the provisions of Section 64 .205, Midway Center Associates duly filed with the City Clerk an appeal from the determination made by the Board of Zoning Appeals requestina that a hearing be held before the City Council for the purpose of considering the actions taken by said Board; and COUIVCILMEN Requestgd by Department of: Yeas Nays Hunt Levine In Favor Maddox McMahon snowaite� __ Against BY — Tedesco Wilson Form Approv by City At rney Adopted by Council: Date — Certified Passed by Council Secretary BY By -_ Approved by 1�lavor. Date _ Approved by May for Submission to Council By _ _ _ By _ WHITE � - CITY CLERK *iNK - FINANCE [[��("� [[[�� CANARY - DEPARTMENT G I T Y O F S A I N T ��u L COUtIC1I � J x�� BLUE - MAYOR � V File N 0. Council Resolution Presented By Referred To Committee: Date Out of Committee By � Date WHEREAS, Acting pursuant to Sections 64 .205 through 64.208 and upon notiee to appellant and other affected property owners, a public hearing was duly conducted by the City Council on Janu- ary 14, 1982 where all interested parties were given an opportun- ity to be heard; and WHEREAS, The Council having heard the statements made, and having considered the variance application, the report of staff, the minutes and findings of the Board of Zoning Appeals, does hereby RESOLVE, That the Council of the City of Saint Paul does hereby affirm the decision of the Board of Zoning Appeals in this matter and does hereby concur in the findings made and deter�nined by said Board; and, be it FURTHER RESOLVED, That the appeal of Midway Center Associates be and is hereby denied; and, be it FURTHER RESOLVED, That the City Clerk shall �nail a copy af this resolution to Midway National Bank, Midway Center Associates, the Zoning Ad�ninistrator, the Planning Commission, and the Board of Zoning Appeals . 2. COUNCILMEIV Requestgd by Department of: Yeas Nays Hunt Levir,.�•�, [n Favor Maddox McMahon B �_ Showalter - __ A gai n s t Y Tedesco �iAliiww� JAN 2 p �982 Form Approve by ity Attorney Adopted by Council: Date _ Certified Ya _ b Council re BY By � �, Approved :Vlayor: Da FEB �982 Approved by Mayor for Submission to Council By `�� BY PUBIISHED FEB 6 1982 __. _ , ; , . , ; � �7 g��9 ; . . - . . . � ' � � � . . . . . . . . r � . , .. . . .. . , r , . ; , , _ . . � ; � : ; . . . - ` Fobruas+�r 2�, I982: , , , . , , , , : ,, , , , ; , , i . _ , , � • . i , - i Midaa�r, C�aat��r AluwCiata� � � . .c/o Jot� -L: Tirob�sek - :�ti . Z7b'I�. 3�elling Ave. • , , , - St. Paul, �iinn�sote �5iO4 _ r , . � D�ar S�rs, � , On ,Jt�arary Z8; 1982 '.the St. Paul Ci�y Covacil adat�r�ad i r�rsolutiai ; ; `` , ` dariqing peur �PPea� tc a d�cision o�. `tb�e Bo�d of �iag Appe�l.s for;pro- . � ; � _ perty at 1578 ttnivers�tg 1�ve. Encloe�d fbz your�.3nlasm�tfofl is a �co�yi oi' . � C.P. No. 2��i29., . , : � . , ` ' V�rq t�c�ly'��+n�'�, ,;. � , � , 1 , , �--� � ; _ � , .. ` ` � ji��f.:�'-�°=�.:- ei�e►re s. o�so� �.��/. . .,� Cit� C1exk ;� � `�ncioeure . , � . , cc�. �tl.+�va� Natim�a�. B�uk, . lS78 Un3.versi�� 1ve., St. �anl� .l�n., 55I04� � , 'A'i"TN. Gerald Bilskt . . i Zcmimg Administrator � , .' P1sti�ng,Ca►awiirsioa , , ' � ' � � 8o�a�rd oi` 7aning Appstils . , 'i , - _ , , \ . . • , � / _ . ' .. � � � ,, . . , . . ,�' _ i .r � . , , F . , j; f � . . - :�r . � � " � , , , ;'i , t _ - . • � ' _ , , , _ , \ , _ , . . . � -�� l ��yb�9 ��0��= o, ,. � � ' " CITY OF SAI NT PAUL �; a DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT � u�u�nm , ��` �� "' DIVISION OF PLANNING . ��' l 0 6• 25 West fourth Street,Saint Paul,Minnesota,55102 GEORGE LATIMER 612-298-4151 MAYOR January 7, 1982 Albert Olson 386 City Hall St. Paul , P�innesota 55102 Re: Zoning File #9031 - Midway National Bank City Council Hearing: January 14, 1982 Dear Sir: This letter is written in response to the appeal of Midway Center Associates of a decision of the Board of Zoning Appeals grantinq a height variance to Midway National Bank to construct a four-story addition to the bank's existing two-story buildina at 1578 University (southeast corner University and Snelling. ) On November 10, 1981 , the Board of Zoning Appeals conducted a public hearing on the request for variance. Five letters, including one each from the University Avenue Task Force and Merriam Park Community Council , were received in support. Testimony was heard from John Trojack, representing Mercury Real Estate, agent for Midway Center Associates owners of Midway Shopping Center, in opposition. The Board voted 7-0 to qrant the variance based on findings that (1 ) strict application of the Ordinance would result in hardship given the size of the lot and the position of existing development on the lot; (2) the variance would not impair the intent of the Ordinance; (3) the variance would not substantially impair the neighbors ' supply of light and air, health, safety and property values; (4) the request for variance is not based primarily upon a desire to increase the value or income potential of the parcel . This appeal is scheduled for a public hearing before the City Council on January 14, 1982. Please notify me by January 13 if any member of the Council wishes to have slides of the site presented at the hearing. Sincerely, ��?(.GQ-Cdilt. U On �G��E:=��- Susan Von Mosch City Planner - Zoning SVM/cc Attachments a�0 �' .� , � �� -i . - . � , .. �� i� �,� i� ��so. �� n,,c�� l ��'r�� 1 WAGiVER, RUTCHICK & TROJACK, P.A. MICHAE�P.WAGNER A7TOANE VS AT LAW H:,ROLD L. RUTCHiC�C T='_�P.., •._ :� _ _.:: JOHN E.TROJACK 27i5 NORTN SNELLING aVENUE . .-- ;aR�:. C,:�c o�� C4SS S. WEIL $T PAUL, MINNFSOTA 55104 December 10 , 1981 City Clerk of St. Paul 386 City Hall-3rd Floor St. Paul, Minnesota 55102 RE: Application �or Variance of Midway National Bank Passed by Board of Zoning Appeals on November 10 , 1981 Resolution mailed to Applicant on November 25 , 1981 Zoning File No. 9�31 Gentlemen/Ladies : Pursuant to Section 64 . 2Q4 of the �t . Paul Zoning Ordinance , Midway Center Associates , by its agent, Mercury Real Estate Co. , Inc. , nereDy appeals the decision of the Board of Zoning Appeals relative to the above application to The City Council. This appeal is based on the following considerations : 1. That the Board of Zoning Appeals disregarded the necessity of a parking variance in that the Midway Center shopping parkir.g area is already heavily and overly committed. This is reflected in the amended staff report. Midway Center Associates , the owners of the Midway Shopping Center, strongly deny that the Midway National Bank has any agreement with it for unlimited parking. This is not relevant however since the facts show that there simply is not physically enough parking spaces on the shopping center premises even for the present traffic. 2. The addition of four stories to the Midway National Bank will sub- stantially increase the congestion and pollution in the area which will not be beneficial to mercFiants and patrons in the area. The appellant believes that the Pollution Control Agency figures are now showing that pollution is again high at the intersection of University and Snelling Avenues. The appellant believes that the additional four stories will increase traffic and thus increase the probability of additional pollution and congestion in the area. Enclosed please find our check in the amount of $50 . 00 which I believe is your fee for fil ' g of this Appeal Notice. Very truly rs, ohn E. Tro ' a k JE :mj n closure cc: Mercury Rea1 Estate Co. , Inc. city of saint paui board of zoning appeais resolution. zoning file number 9031 _ dale November 24, 1981 __ WHEREAS, MIDWAY NATIONAL BANK has applied for a variance from the strict application of the provisions of Sections 60.535 and 61 .103(e) of the Saint Paul Legislative Code pertaining to the height of a commercial building in a B-3 zoning district; and WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on November 10, 1981 , pursuant to said appeal in accordance with the requirements of Section 64.203(a) of the Legislative Code; and '�1NEREAS, the Saint Paul Board of Zoning Appeals based uoon evidence presented at the public hearing, as substantially reflected in the minutes attached hereto, made the following findings of fact: l . That the strict application of the regulations would result in exceptional urdue hardship upon the owner of property at 1573 University, as d�s��nguished from mere inconvenience , by reason of the size of the 'ot an� ��e position of existing development on the lot. Z. ihat the variance can be granted without substan�ial detriment to the p.;�' ic gcod and ��yithout substantially iTpairing the intent and purpose of *he Ordinance. - 3. Tnat the variance can be granted without substantial detriment to the ' neighbors ' supply of light and air, health , safety, or property values . 4. That the variance requests are not based primarily upon a desire to increase the value or income potential of the parcel of land. NOW, THEREFORE, BE IT RESOLVED by the Saint Paul Board of Zoning Appeals that the provisions of Sections 60.535 and 61 .103(e) be hereby waived to allow the construction of a 63' high vertical addition to the existing structure at 1578 University for a maximum height of 89' , in accordance with the application for variance and the site plan attached hereto. moved by Ms. Summers Decisions of the Board of Zoning Appeals are final subject to appeal seco n d ed by Mr Peterson _ to the City Council within 30 days in favor by anyone affected by the decision. � � against � . : , c�.�� `•1i^aUT�� OF i!-!E P�IEETING OF TNE L�OARO Or ZO�JIMG APPEALS IiJ CITY COU"�CIL CHAh16ERS, ST. Pr'1UL , "�1I^l�lESOTA, '�OVEi1BER 10, 19�1 PRES�"�T: �imes . '•'orton and Sur.�n�ers ; Messr•s . Grais , Kirk , Osbor�n , Peterson , and '�loeds of the 6oard of Zoning Appeals; �•tr. Segal , Assistant City Attorney; P1s. Lane of the Division of Housinq and Building Code Enforcement; F1s . Peseman and Ms . Von ilosch of the Plannine Division Staff. ABSE�lT: None Tne meeting was chaired by Gladys htorton , Chairman. P�IDWAY NATIONAL BAPJK (�9031 ) : Height variance to allow the vertical expansion of the current structure from two to six stories at 1578 University. The appellant t��as qresent. There was opposition present at the hearin�. ��1s . 'Jon �4osch shct•�ed s 1 i des of the s i te and i ncl uded an amendment to tne staff report dated "Joverr�ber 10, 1981 , recommending denial of the reques* for a heiqht variance until the parking issue has been adequately addressed by the applicant. She stated that the University Avenue Task Force, "�1erri am Park Co�r^uni ty Counci 1 , i�ari e Sl awi k, "�1i d�•lav Ci vi c and Commerce Association , Cistrict 11 , and J.P. 0'Conner oT the �nellina Avenue Cor^rerc'ai Cluh s��ror: �--,e ,,arid^C2 reque�y. Gera'd ,7. Bii �ki , Senior 'lice-President of Mid�f�ay "Jational 6ank , explained ihai i� 195� :•i^en ine bank purchased the property , �ne deed tney received for tne property stated tnat after 5 years the bank could expand to six stories . When they built the present building they did provide the `oo*ir�s - for a 6-story structure. The deed also stated a reciorocal parkinq arrange- ment �.�i th the '�ti dv�ay Center �•�hereb,y the bank coul d use the P�i dway Center's parking for their customers and the Midway Center could use the bank's parking. He reported that they are not aware of a problem with parking other then ��hat was mentioned by staff. They have a desperate need for additional space but don't feel there is need for additional parking. John Trojack, representing Mercury Real Estate, agent for the owners of the Midway Shoppina Center, stated that they would be in opposition on the basis of the parking situation, They do not know at this time exactly what they could work out in terms of a parking arrangement that would be mutually acceptable. John Brandt, 1400 �Jorthern Federal Buildin�, attorney for Midway National B3nk testified in support. Mr. Segal asked Mr. Trojack if he a�reed with the statement made by P1r. Bilski that the deed allows the bank to use the whole parking lot? �1r. Trojack stated that their interpretation is that the aoreement contemplated the situation at the time that they were goinq to build a 2-story structure and as a courtesy to the bank and consideration of that fact, the Center wouldallow customers to the extent of 2 stories to use the lot. There is an agreerrent in there that states after a 5-year �eriod, the bank could add onto the structure. It would be their position that if the bank were aoing to add ' on, the additional parking would have to be negotiated 6ecause there could • be no limit to the number of. parking. �1i�:�ray "�ational Bank (=9031 ) °a�e ? Tnere was discussion re�7ardin� the parking issue. Hearina no further testimony, Ms. Morton closed the public hearinn �ortion of the meeting. Ms . Sumr�ers made a motion to approve the variance request based on findings 2 through 7 of the staff report. P1r. Peterson seconded the motion . ihe motion passed on a roll call vote of 7 to 0. Submitted by: Approved by: ��` / � �� ti(.Q.(�i1t- V 071.`�iT13�iL. .-:��i�� L C c_ . ? L , > �_ i / �U�d(1 VO(1 i'!OSCh , ��d�;/� �'G1"�Ofl , �f131 'f�?ldll � � �f'V,��J f�1I�lUTES OF 7HE i�?EETING OF THE BOARD OF ZONIi1G APPEA.LS I�l Ci�Y C�U'�+CIL i,H��B�RS , ST. PAU�, �1I`ii�IESOTA, O�TOBER 2i , 1931 PRESENT: Mme. Morton; i�fessrs. Grais , Kirk, Peterson and ��Joods of the 6oard of Zoning Appeals ; Mr. Segal , Assistant City Attorney; his. Lane of the Division of Housing and Building Code Enforcement; f1s. Beseman and Ms . Von Mosch of the Planning Division Staff. ABSENT: f�6ne. Summers and Messr. Osborn. The meeting was chaired by Gladys P1orton , Chairman. MIDWAY NATIONAL BANK (=`9031 ) : Variance request to allow the vertical expansion of the current structure from two to six stories at 1578 University. Ms. Von Mosch reported that the Merriam Park Community Council , the University Avenue Task Force, and the District 11 Coalition requested the matter be laid over. The applicant indicated his agreer�ent to a two week layover. ��r. Peterson made a motion to lay the matter over to November 10, 1981 . ?�r. !�loods seconded the motion. The motion passed on a unanimous voice vote. �ubmit±ed by : Approved by: "� U �- J%'(_!t�-lL �j�� "�/ ! �� ' -" ��<.!�-ci,t�. '__ .:/ � Susan Von Mosch Gladys Plorton, Chairman � __��T��:�:. � � � CITY OF SAINT PAUL �� '�" ��` DEPARTMENT OF PLANNING AND ECONOMIC DEVELOP�ti1ENT f��'i'� L_L �` DIVISION OF PL:-�\til,\G ,�� ?5 l��est f�;u�th �r,eet, �aint ?_;.;� �t r �,ui:� , ,_ GEORGE LAT1,�.1ER til�-?93-41�1 titA'r OR MEMORANDUM DATE: November 10, 1981 T0: Board of Zoning Appeals FROM: Susan Von P1osch RE: Amendment to the Staff Report on Zoning File #9031 - Midway National Bank The initial staff recommendation concerning the "1idu�ay National Bank's request for a height variance :�as for approval continqent upon receipt of a leqal agreement �,�ith "�ii dway Shoppi ng Center confi rmi ng the reservati on of 469 parki ng spaces for f•1i dti��a_y �;aticnal Bar�k customers . The Bank submitted a t,�arranty deed containing a provision for collective parking between the Bank and Midway Center. Since that time, ho�vever, new information has been received regarding the parkin� situation. It appears that the two parties to the privately neqotiated warranty dee�' . � ...'ic� �'id�1 C(id� ud(1K dt1C� ''2'fCUY'y R2d i �Stdt2 , L11e 0'rlClei' Or "'`�1 G�l^!dy �eCltet', i flt�t"',t't �: tn2 intent of the par°king provision differently. In addition , information supplied by '�'ercury Real Estate on the number of parking spaces leased to other parties indica�es *nat theoretically the Mid��ay parking lot has reached capacity use. Consequently, it appears the applicant will not be able to provide the additional oarking spaces as is required by the Ordinance. Based on the above analysis , staff recorrmiends denial of the request for a hei�ht variance until the parking issue has been adequately addressed by the applicant. �,n ZONING ;�1AFi I�EI�'ORT � l . APPLICANT: MIDWAY NATIONAL BANI< DATE OF HEARING 10/27/$L_ 2. . . . . . . . . . . . . . . C L A S S _i_ F 1 i: A_ T I 0 _N . . . . . . . . . . . . . . . CURRENT PLANNING & ZONING COMMITTEE_ BOl1RD_OF ZONING APPEALS Rezoning ❑ Uari�nce � Special Condition Use ❑ Adinini��trative Review ❑ Determination of Similar Use ❑ Other� __ __C� Change of Nonconforming Use � Other _—_ _ 3. LOCATION: 1578 University (Southeast cornei° Ur�iversity ancf Snelling) , 4. LEGAL DESCRIPTION: Lot 34, Block 29, R::nge �_3, Unplatied Lands subj . to Aves. and ESM�S the 270' of N, _260', uf �t� ' 5. PRESENT ZONING: B_2 I.ONIP�G CODE �EFEREP�CE: : J;��tions 60.535 & 61 .103(e} 6. STAFF INVESTIGATION & REPORT: DA�E 1� �y��__ __ QY SusatlJLon Mosch A. PURPOSE: Height variance to allo�� the vertical expansio�� of the current structure from two to six stories. 6. PARCEL SIZE: The parcel is a corner lot ��ii:i� a 220 foot frontage on University and a 200 foot frontage on Snelling for a total Ur�ea of 44,G00 square feet, C. SITE & AREA CONDITIONS: The site is locate' at the nori:l�v�est corner of a large B-2 district wh�c �nc udes the �1idway Shu4�{�inc; Cei�ter an�l the neu� Applebaurns Store. To the west and north is a B-3 district; to th,: sauth an�l East is the parking area for the B-2 district; various types of busir��ss�.s are locatcd along both Snelling and University Avenues. Most of the comn�crcial buildings ir� this area are t�ao-story structures. D. ORDINANCE CITATION: Secti on 60,535 0�' the :ii,d i nance st��tc:s that bui l di r��s i n a B-2 district conform to the Schedule of Rc��u�lat �.ons, Section 61,103, Schedule of Regulations fcr� business �1i�,tricts, requires structures in a B-2 district be a maximum of 30 1=eet �ir� height. Subdivision (e) states, "the height of the structure may exceed 30 feet irovided the �tructure is set back from all property lines a distance equal tc, tr�e ��eic�ht which s<<id structure exceeds the maximum height of a building allowed in tr�c: di�trict" . The Midway National Bank has a minimur, sett;��ck. of 16' ; th�� maximum height permitted by the Ordinance is 46 feet. The ap�licani: ��i�oposes a hcight of 89 feet; a variance request of 43 feet. E. FINDINGS: 1 . The existing Midway National Qank l��i�il�lir�� is �wu � t�nries (2u' ) hiqh. The Qank � is proposing a four story vertic��l a�l�ti tion (f3' ) t�� the current structure. The new structure woul d be s i x s tori��5 h i�� (f;9' ) . 2. The request for variance is basecl on the size of tl�c lot and the position of existing development on the lot. The existing drive through tellei� stal i�� , parkin�� s�>��ces and landscaping will b2 retained. The physical characte�,istic�; oi� the lot �li� not allow for any expansior� of the building except vertical . 3. Without the variance the applicar�t would incur exceF,tional practical difficultie�> and hardship. Without the variance the applica��t couid construct �� 20' addition to the bank building, however, the resultin�.� �iesi�;n �-�ould not �.r��ate enough additional floor space to make the expansion econuniicaliy f�easible. Tl�e proposed 63' addition cannot be constructed without thF,� vari:,nce. � � 4. The variance can be granted withoi_it s;,��st<�r�t�ial :ie!:r,ii�nent to the communit.y or to the intent of the Ordinance. The vari ance wi 11 not p��oduce ov rc�� i��,, i��;,:i of 1��r�cl tir i th bui 1 di ngs . The permi ttE:�d floor area ratio for a B-2 disti i�_:t. i<; ?_.U:; e�riti, t.i�c: ��t�oposed addition the Midway National Bank will have a flcor �:�:rea ��,:t�ia ��i� ai��r'�_:;�ima�i:ely 1 .6. � . ' � � `� �C'`��'/ MIDWAY NATIONAL BANK (#9031 ) SI-Af�F__FIPOI�I_ Page 2 E. FINDINGS CONT'D. 5. The Ordinance requires one parkinca spacc for� every 100 square feet of usable floor� area for a bank. -�-�. -�---�.�a� ��/1 narltina SDdCE'S . � .. ,. _ . � - w _ � , � � t; � - i9.' ..�r'S: 61` '� � °;y�- � s�k, t _�La�`.�, , � r��,:t�a M�„ - '_'`� f' '-'�` 4._ . � ��,' �:°, a'f i�•.� 3 � �, � � '��.""i �r ,� �� y* ��' �x� �� es- . t - ; a'.�s.,. I � i i�� 'I ,i� r > .. �„: � � y� ��+'r ''i,' I '��'�"• Y �_.� ,k�l� '•�ut�p..,� "� �� -' '.,, % • �'��ya a cei �� - d�i , xA .r .�!. �+.l�+ �� w✓�°� . . � '�� i w` �,�,. � °�a�� r`4'�� . . � ��A �` �� ,r � � ��'"*�r � ��`S �� m �. 'x�:' �«xr , �� r,_ ��,.�� 4'. '- 'Y'��dl"tt�r:- . r � ��$�h� ' � i x • `� � ,: �` .� Yeas J - x ::� , ��Y' j 98? : , � � d '��9 �. �� , �* , D�X Y�1 N8Y8 { �""� �MA]ION �. � �I�,�_ r �� T�ES� ;� � ' � � _ � � , LSON �»�r,a`=�:,,��'�,, � � LEVINE �c�� A � , P � �SrDENT . �� r; - �NT �: :. � �::�°� :::� r ��. >-��'� . x• �,'s 1 - .Xa. , a.,, ;t : a� $$ � �^*`��#`Y... •r� � ��':.;; .�" .�s'.. � � re_.�. � �,:.. ��. .,:•�.ti. ,. . v,� M� y - � _ A � . . ��;"�� =�. :�� . � . . . . . . . ._. : .._ -..,,,, . � . . '. � . ,. �. ,. : . . . . .� .. . ' , . � �� . . . . . . �w;,� -� �.4�` , ZON�NG BOA:D APPLiCATION FOR ZONING ORDINAiVCE VARIANCE r� � . oF �a, . �� .�`.:,F�Ir;NCc vr �v`.IivG i,JD� Cr.:,i' �r=t ,jcCTiO.V PriRr�v�i:�rri IS REQUESTED IN CONFORMITY WITH THE PGWERS VESTED IN THE BOARD OF ZONWG AP— PEALS TO PERMIT THE - - ' �' •' ON PROPERTY DESCRIBED BELOW. � A. Applicant; NAME: ADDRESS DAYTIME TELEPHONE NOr''�-,==? ZIP COOF� :' t 1. Property interest of applicant: (owner,contract purchaser,etc.) �..;r 2. Name of owner (if different) B. P�eperty De;scription: AD'uRESS 1. !�;al �escriotion: LOT 3LOCK ADD. : 2. Cot size: 3. Present Use �rasen*, Zon;cg D�st. _. e;sons �� eq�esc: 1. Proocsed use 2, Wha:physical charac*.eristics of t�e proFerty erevent its being used`or any of the perm�tted�ses in your zone? (topography,soil conditfons,size and shape of lot,etc.l _. . : .' -. ...., :; 3 ; •. s • �,,- � � , :.;, �-r�i��r� a:C2tJt�Y-�3^L1�'3i>•. ,.. ._ , . _.. ; . .. . . _ . . � State the specific variatio�requested,grving distances where appropriate. �; H?1Q�1� V3t"1df1Ce of 43'-0" � . . , � ? Expiain how your case conforms to each of the tollowing: i i , a. That the strict application of the provisions of the Zoning.Ordia�ce would result in peculiar � or exceptional practical difficulties,or exceptio�al undue hardships. Additional banking f1�or space is needed to cantinue ` �roviding ad��uaLe s�rvices �o bank custcryers. _.._.___.___._--- �. i :�. . � CASHIERS USE ONLY " � � � b. That the granting of a variance will ' : . � not be a substantial detrime�t to , - _ $� ; public good or a substantial impair- { � ment of the intent and purpose of - '. � . ' the Zoning Ordinance. � 1�-__ -� _, �:?-:1i"?5 evfl ','li �� li?_ . 'J?!"t'.C3� �iUS Y'�i.a7!1111� tP;� gr2en spaces @ the - _- _ _._.._ _ _ � _ �'1C.�3,.:t t'%`1.3� ^1!A . . � � , / ,. . . � ' - NOTE:VTHfS WICL NO��$EV�bCESSED WITHOUT A CC)1WPLETE SITE PLAN� ' a ; � � ��.1.i«`ay .�ational fSan:c �y��IC.v��'• ', � , � � , . - _ . -.Signaturs . .li�i.d,l��r, n. 2� . .. . �/p�� p 'C �/ ' �-;r �.t��t +.4.0 �•.. . . . . � ' � �G�u-L D '1.�(G.+�(`� ( � Date Received • . � • :.��`� i '��% �.. I 1 '�! I f �`�1�1•��.--�� . , . , , . . . ,:.r , �f Y y � wWl� �+µ . �� ... . .. .... .. g i t.; � t �0�� - ��; w � il ``v��,..;� �� , � ' � K . . _ _ ` , . _ . . � 2�%G�� .: - ._ . ..._....�._.,_..,.7,,,� ...�,._.�.. . .�...._ _._�_ _ _.._._.----------_..-- - --,-�-.....-.._ , . { • , - ___ . ., . � ,"; � . � y .� . . t�. . • � � ' • Q � � � � . �. �� . � . . . - . � . , �. r , .. . , i . 'V� �� . � � ti� �^,�I�� ' . � � ii�;. . . ' .. .w :��:. ... � . � . . . �.` � �:� . . r` / � � . . . . ' � ` �'' � � ,t �._._.i,...__......_�.__..._ .,. .,.._.......�..._._� � ��--/+ — � 1 � N I ' �3" ,� ` _ ;�. �� . � ,.. . ! � ! � _,� ._ . � �. . i . :•, � �.. .- . , . ,� . ;��, � ': ,�� . .�� , � ,.�.. .., . . � , . ; � . ,<,� - -s;�,r ,� (� � .�,, , . 'y �� '�'. . . � ,�, ,, ,,� ,�,,�,: .�' ' • N' - . 1 � . � \� . � ^.`,M:�.- . ♦ t t , . .. ;.. 'r �J.. .�, .. l� � 1 �. � �r�;.� ��k�'', � -' � � �� , . .��,�.,��,_ .:� , •,.-? , ' . ,, K ,� .. . , , � � �r • :. .: �, �i .e� :` .. V�, � . ..�. , '��1i I��Y��.i�. , �r � ....�t��. .�..�-.:h J � � � � � , . i' �� + � — . . .r �, - � � -. �. ,. . t ._ ,. ►.�� .� � � � ._�,. —._.._�__.1c..�.�....1 � . � . �. * , • � - .,.-_......._. � �-._..-�-....�.�� 1 I . , J� � , �=, .-.�- �:= _ ��;f` � _ �� .,. �: . • . _ � . � _ ... �,. • ,�.. . � -' � . y , 1 _ . . . . . . . . � ' . • ;' • ' ' ' . . . . � � � . � . . � ' i� �.• � � , ,. .. . � • �j . . AGREEMENT �'��-�`' TFiIS �"-.�.i:'.EEi�1EiV^l , made this 25 day of rlarch � 1977, bet;aeen TF�L 2�1IDLdAY i1ATIOti'AL BAiVK OF ST. PAUL, a national bankiny association, nerein referred to as "Midway" , and t�iIDWAY CENTER ASSOCIATES, a partnership, herein called "The Center" . RECITALS: 1 . That on the 2Oth day of May, 1958, Midway Center, Inc. , a Minnesota corporation, conveyed by Warranty Deed to Midway the following described real estate in Ramsey County, Minnesota: The F•7est Two Hundred Seventy (270) feet of the North T:ao Hundred Sixty (260) feet of the ��est one-half of tne South�r�est one-quarter (W 1/2 S�9 1/4 ) of Section Thirty-Four (34) , Township Twent��-Nine (29) North, Range Twenty-Three (23 ) «est of the fourth princi- pal rleridian, according to the United States Govern- ment - survey thereof, excepting Snelling Avenue and L'niversity Avenue. Said L9arranty Deed being recorded ir. Bco:c 1573 of Deeds, �age 5'04 , ir, the office of tr� Register ot Deeds in and for the County of Ram- sey, :iinnesota. 2 . That on the Sth day of November, 1959, P�Sidway Center, Inc. , a i�sinnesota corporation, entered into an Agreement regard- ing the property described herein, which Agreement was recorded in Book 1661, page 690, as Document No. 2500363 in the office of the Register of Deeds in and for the County of Ramsey, Minnesota. 3. That The Center represents and warrants that it is the successor and assigns of riidway Center, Inc. 4. That 2�Iidway and The Center deem it to be to their mutual bzneift that certain restrictions and rights, as set forth in the Warranty Deed of i,iay 20, 1958, and the Agreement of Ivovember 5, 1959, be amended to include, among other things, the construction . -1- 1� � and use of detached drive-up� teYler facil(�cies upon the real estate b��med by Midway. :30y�7, T�EREFORE, in consideration Ct the mutual covenants :: ��n cor.t�ined, i� is :;i;;t�sally agreed as follows: 1. That paragraphs 3, 5 and 6 of the Deed dated .?ay 20 , 1958 , shall be deleted in their entirety and shall no longer be covenants . running with the land and binding upon Midway, The Center and all persons who may thereafter acquire interest therein, or in the approximately 25 acres adjacent thereto, now owned by the Center, and such covenants shall not be specifically enforceable. 2. That paragraph 4 of the Deed dated May 20, 1958, is deleted in its entirety and the follo��ing substituted in its place: 4. That part of the land hereby conveyed c•�hich is _ not .occupi�d by the building thereon or used for lanascaping purposes, as shown in that certain drawir.g of 3Ry�, dated 6-8-76, marked Exhibit "A" anci :eret� attac':`d ar.d .�ade a part hereof, shall be surfaced and prepared for use as a parking area at the expense o* t:Ze bank, subject to the right and privil°ege of the �ank �to construct and maintain on the parking area five (5) remote drive-in teller . stations and adjoinir.g landscaped areas as shown ou Exhibit "A" hereto attached at the expense of the bank. The bank may reserve on such parking area a lane to provide access by autor;tobile to its drive-in teller windows or to the five (5) re�note drive-in teller stations (said driving lane is shown in Exhibit "A" nereto attached. ) The bank may further reserve , . . � . . -2- . . . - }'•. ( . , . . � � ' � an,. such parking area a space suf f icient €or � �f'�j � the parking of seven (71 automobiles, which space shall be used exclusively by the bank, its officers ar.d its customers. The remain- der of such parking area shall be available for the parking by customers of the bank and � of the lessees of The Center, and the bank shall forbid its employees to park their automobiles upon said parking area or upon the parking area to be maintained by The Center upon its adjoin- ing• land. The customers of the bank, ho�aever, sha11 have the right to par',� t'.:eir automobiles in said parking area of The Center. The Cen- ter shall maintain, at its own expense, all o� the par�ing area included in the shopoing center development which is cor.structed on the approximately 25 acres of its land adjoin- ing the land hereby conveyed, including reason- able lighting, removal of snow and ice, and pavement, and shall carry liability insurance in connection therewith. The bank shall main- tain, at its own expense, all of the parking area on the land hereby conveyed, including like lighting, snow and ice removal, pavement and insurance. The Center shall not construct or permit construction of any buildings on its approxir.,ate 25 acres •r�hich would have the result of reducing the ratio of the area available for -3- I . • ' );. { � . ,•parking and circulation of vehicles, inclu�ing � any areas above or below ground, and inc�uding the parking and driveway areas on land cozzveyed hereby, to �he to'�al ground floor area of all buildings on such remaining area, plus the ground floor area of the bank building on the land here- by conveyed, below 2. 4 to l. 3. The Center hereby covenants that it has full authority, power and right to amend the covenants created by the Deed of �iay 20, 1958 . � 4 . That paragraph 1 or the Agreement of November 5 , 19�9 , is arte:,ded by deleting tnere`rom the rollo.�ir.g portion of said par�- graph: "which easement is subject to the bank' s right of revoca- tion upor. 12 months ' written notice" . � . That paragraph 2 oi the Agree:�ent of November 5, 19�9 , is amended by deleting the following language from said paragrap:�: "and shall reserve to the bank an option to revoke said easeme�:t upon 12 months' written notice" . 6. That paragraph 3 of the Agreement of November 5, 1959, is deleted and the following substituted in its place: 3. The Center will provide direct access from the north end of the parking area on the east side of the bank property to the access road maintained by the Center along the east line of the bank pro- perty. Said access areas are sho��rn on Exhibit "A" hereto attached. 7. That paragraph 6 of the Agreement of November 5, 1959, is deleted in its entirety and the following substituted in its place: . . - . -4- � - - - A�`'� P . :. - ��`��q �g� � �'�'�- �yE � ��:.�' �. �, � - .� �.� r�� - � � ,� � �� .,. � �.. � � : �.. ,: ,�:� � .� ��_�� '� �' ��r��.�� sa5-o3as • , �� T � � � WI�DER ,AT SAINT .4NTHONY . SAINT PAUL, �,.1l�,,�ESO �A 551C4 �F� �� F,� p�A� November 5 , 1981 �Is . Gladis �Sorton , Chair Board of Zoning Appeals �� .�:st �o�.:r �h Street 5t . _ �.: i , .ii.^nesota � � i02 Re : Zoning File � 9031 Dear :,is . i•Iorton : ._ �, . ,; ; _ - - �� - -, _ _ _ _ _ _ _, , .- � , r , ,, � , . - , _ , .. . .. , , , � � 1 � � : �t Co:~....._., _ - :o.:r.ci:. ' s �.ou � ing Committee , :.,� . Gerald ., - - - . - , '��ice ? r�� i�,ent oF �Ii��.aay National Eank of St . Paul , y:3Vc .� _�L"�:.cCt�� rl0:'i OIl Li.� :i3C1K � S Z:1dTl �O c:��and a:'.,�. thus their need for a height variance . After some discussion the Housing Committee unanimo�.:s��_� passed a motion to support �Sidway National Bank ' s request for a height variance to allow construction of a • • four story addition to the ex•isting structure . Sincerely , ��:��y�'.��.� Maureen G . Heap , Co Chair Housing Committee Merriam Park Community Council CC : Mr . Gerald Bilski : . . . . ��29 . . I� �. � �, UNiVERSITY AVENUE STUDY November 5, 1981 Gladys Ntorton, Chair - Board of Zoning Appeals 25 West Fourth Street St. Paul , Minnesota 55102 Cear Ms. Morton: On ^�ovember 2, 1981 , representatives of the h1idway National Bank presented *_neir �lans for the Sank' s expansion to the Universi±y Av�nue Task �orce . ,tii �^ac :�:e�rina, the Task Force deci .:ad to =u11y support }he appeai r;,r �he requested height variance and feel tnis i��,provement aaill support our er"rorts `o revita' ize University A:enue . Sincerely, � � i� '��u :� Q�1�, �x—G� 1 i � . Calvin deRuyter, Chairman �% . University Avenue Task Force . � ,� ,, �, n - ` �:�l+�' � R,a'- .j ��"` u l , . � ��,�� ; � .._:.,:::''�' .� ; ; � � � ' , ; , e . �� ....�9 a ., �< .i _ ., .., �.t ... .a .� �.�..� ,. ..r _ w� i . ,� ., . . ... . . y e . „ , _ �� . . �'..:.:� � f ^ : ,� � � �� „y � `• _x � � 1 4: . �� i . . � � , . . � � . . , r i _ ' ' .. . . : ��, .. .� _i'1 . . �.. ..! .t .�. .. �. �. . ;. ivovember 6 , 1981 �`_s . G1ad��; .`or�on , �:�u�rperson Board of , Zoning Appeals Twenty-Five :�est Fourtn Street Saint Paul , ilinnesota 55102 :°iadame �nair�.�an, � :iit�:vay .±aL�ol7ai �a:r� �� ..:::lues�i:ig a "�'arianc2 Lro:ii �i,.e c ._L .'C� � Zoning Ordinance to permi� construction of a six stor_y �u�idi-:� � OP_ �t S pi2S2ilt S'�2 . The �lidway Civic & Commerce Association endorses this request . For tne Board of Directors , ✓ ' ' . A. E. McCormick Executive Director AEM/j dl � ; J . . � SERV/NG THE MIDWAY AREA SINCE 1319 -_ i —� ._,,,�.� .;.-•:cv! - _ ......._ ... 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X9031 PAGE PU R P O S E Appeal of Midway Center Associates to� a decision of the Board of Zoning Appeals granting Midway National Bank Property a height variance of 43 feet to allow a 6-sto.ry structure. L�C A T I 0 N � 1578 University (S.E. corner of University and Snelling). It is legall_y described a.s Lot 34, Block 29, Range 23. Unplatted lands subj to Aves. and ESMTS the 270' of N 260' of SW�. PG�I �'O�GR Midway Center Associates H E A R I N G Thursday, January 14, 1982, 10:00 A.M. City Council Chambers, 3rd Floor City Hall - Court House Q U E S T10 N S Zoning 298-4154 Contact the Zoning Section of the Planning and Economic Development Department, Room 1101, City Hall Annex, 25 W. 4th Street, St. Paul, Minnesota 55102 hotice sent December 24, 1981, by the Valuation and Assessment Division Department of Finance and Management Servicea Room 218 City Hall - Court House .. St. Paul, Minnesota 55102 � � ��`-t�� `� ' � �� `�Z�. C�a , r-. �.� WAGNER, RUTCHICK & TROJACK, P.A. �` ��?9 MICHAEL P.WAGNER ATTORNEYS AT LAW HAROLD L. RUTCHICK z76 NORTH SNELLING AVENUE TELEPHONE 646-0681 JOHN E.TROJACK AREA CODE 612 CASS S.WEIL ST.PAUL,MINNESOTA 55704 December 10, 1981 City Clerk of St. Paul 386 City Hall-3rd Floor . St. Paul, Minnesota 55102 . RE: Application for Variance o� Midwa� National Bank Passed by Board o� Zoning Appeals on November 10 , 1981 Resolution mailed to Applicant on November 25 , 1981 Zoning File No. 9031 Gentlemen/Ladies : Pursuant to Section 64. 2Q4 of the 5t. Paul Zoning Ordinance, Midway Center Associates, by its agent, Mercury Real Estate Co. , Inc. , hereby appeals the decision of the Board o� Zoning Appeals relative to the above application to The City Counca�l. This appeal is based on the following consideration� : l. That the Board of Zoning Appeals disregarded the necessity of a parking variance in th.at the Midway Center shopping parking area is already heavily and overly committed. This is reflected in the amended staff report. Midway Center Associates, the owners of the Midway Shopping Center, strongly deny that the Midway National Bank has any agreement with it for unlimited parking. This is not relevant however since the facts show that there simply is not physically enough parking spaces on the shopping center premises even for the present traffic. 2. The addition of four stories to the Midway National Bank will sub- stantially increase the congestion and pollution in the area which will not be beneficial to merchants and patrons in the area. The appellant believes that the Pollution Control Agency figures are now showing that polluti�n is again high at the intersection of University and Snelling Avenues. The appellant believes that the additional four stories will increase traffic and thus increase the probability of additional pollution and congestion in the area. Enclosed please find our check in the amount of $50. 00 which I believe is your fee for fil ' g of tfiis Appeal Notice. Very truly rs, ohn E. Tro 'a k JE :mj n closure cc: Mercury Real Estate Co. , Inc. . , • � . � " . . , . : . .�81� , � � � , . . , , . , , � �� , � ` - � H�ea�bar 15, 1981 ` , _ ,> ,. � � „ , , ' " I�. Paul Dasch . Finance � l�anag�tnt Servicas � 218� City Ball ' , . \ \ Rst ApPtal pf Mid�ray �Caater Aa�ociatss �o s da�ision ot� tbs Boa=d�o� Eoniitg , APP�ls r4garding Mid�sy Natiasl gsnk ProperCq locatsd �►t Sn�elling atrd Uuiv- , ezsity. : , , Dea� Sirs � : . , , A public; hearing datm'for Januarp 14, 1982�to c,�tstder th� abo�e r�!`erencecl� ` � est�bliahed by tha City �Council at its Detemba� 1�. 1981 meetit�. , , ; Pleaas aead the custamarq noticea � requiiad tiy la�. - . �� . Very truly qvuz�.' � � �� , . � , ' � - � Albert B, �ison . . , City Clerk ' � _ ` , � , . AT?ACB. , ` ° �c; P].aanins Staff.L'a►ing S�cCtcra . _ Hbuaing 6 Building Cods Bnforc�eat D�pt. : ' °' . . , I��B/sch ' . , � ,' `� . , . � � � � . _ . �� . , - _ , , �;� , . - • �; , . ; - � . , � i ' , , � � � . , 1 , Z ,� . ��_��9 � ��, � � ��,� SNELLING '�' � AVENUE .. .. �° C�i%!,� ��Ur� SOO NORTN SNELLING AVENUE SA1 NT PA U L,M I N N ESOTA S 8104 eQr T6LEPHONE646-6�71 �r JanuFry 5, 1�82 Mr. Al Olson, City Clerk City of St. Paul 2d Floor, City Hall St. Paul, Minnesota 55102 Dear Mr. Olson: The undersigned desires to take this oppor- tunity to express our strong support for the Board of Zoning� Appeals decision granting the height variance for Midway National Bank. We firmly believe this improve- ment in our neighborhood will enhance the over-all attractive- ness of our business community. Starting from Minneap�lis, �oing eastward on r University Avenue, through the city boundry area, the new and pxo�ected Midway Hospital expansion and parkin� ramp, �on�gomeiy Ward and other ommmercial intersections, there are numerous multi-storied structures. The beautiful Midway National Bank improvement will be a valuable, new asset for the entire City of St. Paul, and it is hoped that the City Council will der�y this unwarranted, self-serving appeal. Sincerely, . � � ;; . Joseph I. Crea President