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277616 WNITE - CITY CLERK PINK - FINANCE COl1IIC11 ��s CANARY - D6PARTMENT - G I T Y O F I N T PA IT L BLUE - MAYOR ___� F1Ie N O. • • / �j �nce Ordinance N 0. ' b 0 SQ Presented By Referred To Committee: Date Out of Committee By Date An Ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof. WHEREAS, Pursuant to Minnesota Statutes � 462.357 and � 64.210 of the Legislative Code, Howard and Betty P�Iuenchow duly petitioned to rezone the North 62 .5 feet of Lots 16, 17 and 18, Block 1, Forestdale Addition, located on the east side of Forest Street between Magnolia and Co,pk, from RT-1 to B-1 for the purpose of allowing a retail business�. the petition having been certified by the Department of Finance and Management Services on July 23, 1981 as having been consented to by at least 67� of the owners of the area of the property to be rezaned, and further having been consented to by at least two-thirds of the owners of the property situated within 100 feet of the total contiguous descriptions of real estate held by the same owner or any party purchasing any such contiguous property within one year preceding the date of the petition; and WHEREAS, The current Zoning Committee on September 3, 1981 conducted a public hearing far the purpose of considering the rezoning petition, and pursuant to Section 107 .03 of the Admini- strative Code, submitted its recommendation to the Planning Com- mission; and WHEREAS, The Planning Commission considered the rezoning petition at its meeting held on September 11, 198I, and submitted its recommendation to the City Council; and WHEREAS, Notice of a public hearing before the City Council on the said rezoning petition was duly published in the official COUNCILMEN Requested by Department of: Yeas Nays Hunt �evine In FavOr Maddox McMahon showai�� Against By Tedesco wlson Form Approve by y tor Adopted by Council: Date Certified Passed by Council Secretary BY By - Approved by Mayor: Date Approved y a for Submission to Council By BY WHITE - CITY CLERK � �. •. �6.�� PINK - FINANCE C011I1C11 N i y CANARx - DEPARTMENT G I TY OF SA I NT PAIT L BLUE - MAYOR File N O. � O/ WZ/`�/`CG Ordinance NO. / (n 0 �d Presented By _ Referred To Committee: Date Out of Committee By Date newspaper of the City on October 3, 1981 and notices were duly mailed to each owner of affected property and property situated wholly or partly within 350 feet of the property sought to be rezoned; and WHEREAS, A public hearing before the City Council, having been conduct�d on October 15, 1981 where all interested persons were heard, and the Council having considered all the facts and recommendations concerning the petition; now, therefore, THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l. That the zoning map of the City of Saint Paul, Sheet No. 14, as incorporated by reference in Section 60.301 of the Saint Paul Legislative Code, as amended, is hereby further amended as follows: That property located on the east side of Forest Street between Magnolia and Cook, being more particularly described as the North 62 .5 feet of Lots 16, 17 and 18, Block 1, Forestdale Addition, be and is hereby rezoned from RT-1 to B-l. Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. 2. COUIVCILME[V Yeas Nays Requested by Department of: Hunt j Levine �� In Favor � McMahon Showalter �� Against By Tedesco wlson N�V 1 7 �� Form Approved y ity orne Adopted by Council: Date Certified a un ' ec y BY B � Ap� by Mayor: t z � �� Approved by Mayor for Submission to Council g By PUBLISHED NOV 2 8 1981 � � ! �..�..� , �0��== o,. CITY OF SAINT PAUL o 'a ' DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT �� w um , �� tun c .' " DIVISION OF PLANNING '`��, .... 25 West Fourth Street,Saint Paul,Minnesota,55102 GEORGE LATIMER 612-298-4151 MAYOR October 8, 1981 Al Olson, City Clerk Room 386, City Hall St. Paul , Minnesota 55102 Re: Zoning File #8972 - Howard and Betty Muenchow City Council Hearing: October 15, 1981 Dear Sir: This letter is written in response to the petition of Howard and Betty Muenchow to rezone property at 1062 Forest Street (east side between Magnolia and Cook) from RT-1 (two family residential ) to B-1 (local business) to retail stained glass articles and supplies. The Zoning Committee conducted a public hearing on the case on September 3, 1981 . 1 letter was received from a neighboring property owner stating no objections to the rezoning. The Zoning Committee discussed home occupations and determined that retail use did not meet the definition of a home occupation. On a vote of 4-2, the Zoning Committee voted to recommend denial of the rezoning. The Planning Commission considered the Zoning Committee's recommendation on September 11 , 1981 , and voted 14-4 to deny the rezoning. The requested rezoning is scheduled to be heard by the City Council on October 15, 1981 . P1ease notify me by October 14 if any member of the City Council wishes to have slides of the site presented at the City Council public hearing. Sincerely, dyV„^K � • � � Donna M. Daykin a�� City Planner, Zoning Section DMD/cc Attachments �O �°7�� °�^��e � ' CITY OF SAINT PAUL \�....c�Ti p��L =-�°` '-��`'�- OFFICE OF THE CITY CLERK >� s. so �% ;�� t/l III II ec ,,,� _ BUREAU OF RECORDS '``o n.• ' 386 City Hall,Saint Paul,Minnesota 55102 ��"imm��...�°o° . 612-298-4231 GEORGE LATIMER MAYOR July 30, 1981 Planning Staff, Zonin� Section llth Floor City Hall Annex Dear Sirs: The City Council referred to the Planni.ag Commission for recommendation the attached petition of Hc�ward and Betty L. Muenchow to rezone paxt of Lots 16, 17 and 18, Block l, Forestdale Addi�ion at 1062 Forest. Very truly yours, � � Albert B. Olson City Clerk ABO:la Attach. ! � �-� ��.�� .� �9.2�. 0 � - �• � � � r � �� . ..:.� ..�a�qryR . _=:e``LT' �'�;''�--, C ITY OF SA I NT PAU L �° ''� DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES ;, wuum �; ,• 111 1 11 11 � `'�' �=� ASSESSMENT DIVISION '�,, o .m`��c,°' 218 City Hall GEORGE LATIMER Saint Paul, Minnesota 55102 MAYOR 612-298-5125 ,Tuly 23, 1981 To the Council City of St. Paul Members of the Council: I have checked the attached petition of Howard and Betty L, Muenchow filed in the matter of rezoning, from a RT-1 district to a B-1 district, the follo�oing property. North 62.5 feet of Lots 16, 17 and 18, Block 1, Forestdale Addition. The petition, as submitted, is sufficient, Sincerely, r / �'�.��;�:c�iv �r�r/ ✓ J. W. Donovan �� Valuation & Asse sment- Engineer cc: Building Dept. Zoning Div, J. W. Donovan File Parcels Eligible -- 13 Parcels Needed ---- 9 Parcels Signed ---- 10 JWD:JS:dl r .; � �� F� L� �� ' . �,� � � � � �i �� . �� . . � °°°�^�� ' CITY OF SAINT PAUL ' =='�``T� °':; =�° %''�� OFFICE OF THE CITY CLERK ;� .,, ,o �; s� ii�tiu� ;: _.,,+� ,s=' BUREAU OF RECORDS /J, _ o�,,,l�n•�!��.°� 386 City Hall,Saint Paul,Minnesota 55102 612-298-4231 GEORGE LATIMER MAYOR July 16, 1981 Mr. Paul Desch Department of Finance Room 218, City Hall Dear Sir: The Council referred to the Finance Department for check as to sufficiency, the attached petition of Howa,rd and Betty L. Muenchow to rezone property at 1062 Forest, aka part of Lots 16, 17 and 18, Forestdale Addition. 4/�k 1 Very trtily yours, � �� `/ : ,:�_. �;� Albert B. Olson � City Clerk , � ` ��`�`' ��`�� `� � Attach. ABO:la � ( � i '��\ , A � �' `� �1 �� f�,A t' ��, ''u t, �t � � \� J � � � (I ' � � �`� „, ...._.,._ _.___ uh`\`� ,v ,'', (.. � r � � � � � ��.��vP�� `� �� L� $9 � 0 , ; ��6 ��' � � �- . � . � �—id—F/ � `. ' PETITION TO AMEND ZONING CODE � ' CITY OF ST. PAUL, MINNESOTA �50,v� 2�7G � � TO THE HONOBABLE MAYOR AND CITY COUNCIL DATE / ?�119� c/o City Clerk, R.00m 386 City Hall St. Paul, Minnesota 55102 Pursuant to Section 64.210 of the St. Paul Zoning Ordinance and Section 462.35? (5) of the Minnesota Statutes, {-/n��)n r�l /�r�Fn�{�n�� — ��-�-u L �uFn e�aou.�the owner of all of the land proposed for rezoning, hereby petitions your Honorable Body to rezone the following described property: Street Address: �/ � �,,.� / �'/�' � �j � .�,� ,��1 j1 1� �,�,�,� ,�5:-�� Legal Description: �=vres'�' aa,) �c� C��-i[�n N �n7 � ]V�O� *T Q � �17�.�. r� . I /. �I`7G1 �A i� / �G � from a �'r— � District to a �-� District for the purpose of , � j ; ,� , �-}-c�,i n _o� C I G�► :�� li r��-+C�2 `� (�1 r"1 � �c i 1J�� C'S -t-£�f' YY1CA K.r�Yl G �t-�e YYl Subscribed and sworn to By: befor is�day � � of 19 �'/ Title: � Gr�J�� ' �� Petitioner ��- f Notary Public '511�/1M/�1''•N�,�.'.�DAVID E.r��t�p�� . No��Y Public, Dakota Co..M��•.; , MY COMMlSSiON EXPIRES y �l011.14„ 1.9E�1�k��v '�MhAi'!�Y��i`'^'"'^ ,:.sa•}r�'!; -- -...__._� .� __ Page 1 of � . .. :��r � � �� F� L� $9�� , , ^ CONSBNT OF ADJOINING PROPER,TY OWNERS TO REZONING �`�" " ��"`" � � We, the undersigned, owners of property within 100 feet of the total contiguous descriptions of real e�tate owned by Petitioner or sold by Petitioner within one year preceding the date of this petition, acknowledge that we have been furnished with the following: 1. A copy of the Petition of � �.�a .�,� "Y�,�r,��a'►�.du� 2. A copy of Sections j„ 0 t �/3 0 through (o �. �,%g S , inclusive, of the St. Paul Ordinance; and acknowledge that we are aware of the uses permitted under a Pj � �'�-�-. District zoning classification; and hereby consent to the rezoning of the property described in the Petition of ��,� j , ��n c�� to a � � District. RECORD OWNER I NA U LOT BLOCK ADDITION � � -. � ,� `�_ �� 0 sy T > �fl � ; �, <G_� � -�'�Y6 • '� �° �;�, � �� -�� cF � �h�3 �� . �� , �� /dsi *`sy'�vG ��'�d�/G- * t .S G Petitions shall not be considered as officially filed with the city clerk until the lapse of 7 working days after a petition is received in the office of the city clerk. Any signator of any petition may withdraw his name therefrom by written request within that time. The Board neither supports nor...�.i.sa_�anrovPS hit �rnnncP� ra�nnin� a �e�ated to this consent. ��. �. � �Q �_ � ��,r C2 � *L�Ji l l i am Magnuson, Board Cl e�k � �� v � � � � �� Page 2 of Independent School District #625 . � �. � , ��.s� . . .- , � � . 3TATE OF MINNFSOTA) . ss. COUNTY OF ftAMSEY ) �,� � being first duly sworn, deposes and states that he is the person o circ ate e wit in petition and consent, consisting of �_pages; that affiant is informed and believes that the parties described are the owners respectively of the lots placed immediately following each name, that affiant is informed and believes that each of the parties described above is the owner of property which is within 100 feet from any property owned try petitioner or sold by petitioner within one (1) year preceding the date of this petition which is contiguous to the property described in the petition; that except for �'— none of the parties described above has purchased or is purchasing property rom peti ioner contiguous to the above described property within one (1) year of the date of the petition; that this consent was signed by each of said owners in the presence of this affiant, and that the signatures are the true and correct signatures of each and all of the parties so described. c.trt.�� re�"��f �� s�/ �� %-e � �-�o G �7��6s� e ep one umber Subscribed and sworn before me this /O day of , 19 �7 �-[�.- �� ot�:ry ub ic annM!nnnrne��w�' ::.... ��r�nnr+� DAVfB E.O17 ; p�ty PL61ic. Dakota Co.�14in�• , ►�r coMM�ssioN exr�RCS .� ��us�p�M�oy.i4 i981�,� 'TS��`!'^"��,n. �•+l�Y�a. . 1'� Approved as to form - Feb. 80 Planning Department _ � Page of _ .� _ . J y � ��----_c�� . _ ....: u � u4 �:� 6��'�� r��, . . - . � .�T. PAUL CITY COUNCIL ��-��s PUB� IC HEARING NOTICE ZONING FILE N0. xs9�2 PAGE P U R P 0 S E Rezone from RT-1 (T�ao-Family Residential District) to B-1 (Local Business District) for the purpose of selling stained glass articles and supplies. L 0 C A T I 0 N 1062 Forest (Eastside between Magnolia and Cook) and legally described as N. 62.5' of Lots 16, 17, and 18, Block 1, Fores�d�le Addition. P E T I T 10 N E R Howard and Betty L. Muenchow H E A R I N G Thursaay, October �5, �98�, �o:oo A.M. Citv Council Chambers, 3rd Floor City Hall - Court House Q U E S TI 0 N S Zoning 298-4154 Contact the Zoning Sectinn of the Planning and Economic Development Department, Room 1101, City Hall Annex, 25 W. 4th Street, St. Paul, Minnesota 55102 Notice sen[ September 25, 1981,by the Valuation and Assessment Divieion Department of Finance and Management Services Room 218 City Hall - Couzt House St. Paul , Minnesota 55102 • , r �'�"I �� Nance oF se�iau�a i ,PE'1StION?O�EZBNfir � ,•:,, \A petitioe'.Navlq�been f118d trfqyeE£�e�g that � �e y�ni�pidl�e c�tl�Cit�Y b��.;�aul. ��ded so as to remne from$-'f 1*fo B-1, y��as'H._62.5' of IAts i�.17 andY!'.S13ek 1rFo1'eddele Additiat:f4e`p� p�ty ic WcatedtR 1��:Tlre Coue�1 oi ' ��c►�gF,�14�sc r�!!_�� Chemberc�.�etatid City.awd a� ��a�,�yq�,�,yd , �tA wltl!�r all ti�r �,_ and__ mmda- s�iet�e fo�3pi�5ad sm�t. Dafed S�P�r�`�} - . - A,E,9$RTB.OLSON. Gty.CleFk , (October3:1�Ii►.r c`�:"`! � -� , �� 8972 � ZONING STAFF REPORT � . APPLICANT: HOWARD & BETTY MUENCHOW DATE OF HEARING 9/3/81 �. . . . . . . . . . . . . . . CLASSIFICATIOIV . . . . . . . . . . . . . - CURRENT PLANNING & ZONING COMMITTEE BOARD OF ZONING APPEALS Rezoning � Variance ❑ Special Condition Use ❑ Administrative Review � Oetcrmination of Similar Use ❑ Other Change of Nonconforming Use Q (�ther 3. L(1CATION: 1062 Forest (East side between Magnolia arid Cook) . 4. LEGAL DESCRIPTION• N 62 5' nf lntt �� » � �8, Block 1, Forestdale Addition. 5. PRESENT ZONING: RT-1 ZONING CODE REFEREPdCE: Section 60.520 6. STAFF INVESTIGATION & REPORT: DATE g/25/81 g1' Donna M. Daykin A. PURPOSE: Rezone from RT-1 (two family residential � to B-1 (local business� to retail stained glass articles and supplies. B. SUFFICIENCY: Declared sufficient by the Finance Department on July 23, 1981 . Thirteen parcels were eligible to sign the petition; 9 parcels were needed; and 10 parcels were obtained. C. PARCEL SIZE: 62' x 120' = 7,440 square feet. , D. SITE & AREA CONDITIONS: The site is occupied by a duplex which has a retail store on the first floor which sells stained galss articles. The surrounding area is primarily 1 and 2 family residential . There is a nonconforming commercial use across Forest from the site and 2 commercial structures which appear to be vacant one-half block r�t� of the site. Phalen Park School is located just north of the site. E. FINDINGS: � 1 . The site was zoned Commercial from 1922 until 1975, when it was desianated RT-1 , in keeping with the surrounding land u�es. . District 5 Plan: Goal 4, p.19, "To reduce conflicts between commercial and industrial uses and other types of land use, especially residential ." Land Use Plan: Objective 1 .4, p.10, "To enhance the City's character by promoting. . . compati�ility among different land uses." And "Four general locations are proposed for commercial development: 1 ) Downtown, Z� mixed use clusters, 3) mix�d use strips, and 4� neighborhood centers." This site would not fall into any of these four categories and would create an isolated commercial parcel . Rezoning this parcel to B-1 would be in conflict with the Comprehensive Plan. �3. B-1 �local business) permits a variety of commercial uses which are incompatible� with the surrounding residential uses. <4. The rezoning would create one small commercial parcel surrounded by predominantly� residential use. 5. The retail business has been in operation for only one year, which means it does not qualify for nonconforming status since it was not in existence at the time of the 1975 Zoning Ordinance. 6. Retail use of the pr.operty goes beyond the definition of a home occupation. The stained glass articles could be made on the site to meet the definition of a ,� home occupation. • F. STAFF RECOMMEPlDATION: Based on findings 2, 3, and 4, staff recommends denial �f the rezoning to B-l . . �.� �, . ��t.$��`:�_� . MINUTES OF THE ZONING COMMITTEE IP� CiTY COUNCZL CHAMBERS, ST. PAUL, MINNESOT/l, QN SEPTEMBER 3, 1981 PRESENT: N6nes. Karns and Summers; Messrs, Armstead, Bryan, Hanggi , Levy, and Pangal of the �Zoning Corr�nittee; Mr. Garvey, Assistant City Attorney; Ms. Lane of the Division of Housing and Building Code Enforcement; Ms. Beseman, Ms. Daykin, Mr. Torstenson, and � Ms. Von Mosch of the Planning Department Staff. ABSENT; Messr. Lanegran. - - - ThP meeting was chaired by James Bryan, Chairman. , . HQI�IARD & BETTY MUENCHOW �#8972�: Petition to rezone from RT-T �to B-1 ta , a ow retai usiness sta�ne glass articles and supplies� at 1062 Forest. The applicant was present. There was no opposition present at the hearing. Ms. Daykin showed slides of the site and reviewed staff findings with a � recnrrmendation for denial . A letter was received from the property owner at 980 E. Cook stating no objection to the rezoning. Betty Muenchow, 1062 Forest, stated that �he first floor of the structure, which has 6een totally remodeled, is used for the business; the second and third floors are used for their living area. They have put in a new side- walk around the front and a parking lot off the aliey which wi11 ho�d approximately 5 cars plus the 2 cars they own. There is no problem with trash collecting on the site; they have �heir own dumpster and have an agree- ment with Poor Richards to empty the dumpster when necessary. She said tfleir business does not generate a large amount of traffic. The onl�r time they have anything other than UPS deliveries is when they order a lar�e shipment of glass or lead which happens about three times a year and cansists �f 4 or 5 crates.. The semi drives up the alley and parks on their cement slab and it takes a total of one,F�alf hour to unload. She alsa stated that they have petitions from alt their neigh6ors stating their approval of the rezoning. Nearing no further testimony, Mr. Bryan closed the public hearing portion of the meeting. Mr. Armst�ad made a motion to recommend denial of the rezoning based on findings 2, 3, and 4 of the staff report. Mr. Hanggi seconded the motion. The motian passed on a roll call vote of 4 to 2 with P1s. Summers and Mr. Pangal voting against the motion. Submitted 6y; Appra d by: � . a�a�ur�ct n'I• ,l� ,,,.�.._ � a�',�,�,�..� �l -��, Dvnna M Da k'n � -�'``afnes Br an airman . Y 1 .�, Y � J ' � �..r i.��/ `� � � � —T �o.a000 � ooQ000 � � � � ao � o 0 o q I� o � , oc � , � ,, ► � 1 , � , � I ( � � ' HARRISON � � � b � o o; o 0 0 ; � ��,_�� . ,: -o 0 0 �o }�NO L � o '�� i f�: � � C � c n f'� � �� .•�' ., ��. 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