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276812 WHITE - CITY CLERK A PINK - FINANCE � �/ CANARY . DEPARTMENT G I T Y O F S A I N T PA U L COUIICII � 'J ��!� BLU6 - MAYOR File N O. . ` l Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, Robert W. Moore applied to the Board of Zoning Appeals for a variance from the strict application of the provisions of Section 60.533 (c) of the Saint Paul Legislative Code prohibiting outdoor storage in the I-1 zoning district which is located closer than 300 feet to any residential district; and WHEREAS, Following a public hearing with notice to affected property owners, the Board of Zoning Appeals, by its resolution No. 8806 adopted February 24, 1981 denied the petition for variance based upon the following findings of fact: (1) That the strict application of the regulations enacted would not result in peculiar or exceptional practical difficulties to the owner of the property on the south side of Cottage Avenue between Park and Myre Streets as distinguished from mere ineon- venience by reason af the existing physical conditions of the property and that any hardship that existed was self-created. (2) That the variance could not be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the ordinance. (3) That granting the variance will unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, coznfort or welfare of the inhabitants of the City of Saint Paul. (4) That the request for variance was based primarily on a desire for economic gain. WHEREAS, Pursuant to the provisions of Section 64.204 Robert W. Moore duly filed with the City Clerk his appeal from the determi- COUNCILMEN Yeas Nays Requestgd by Department of: Hunt Levine In Favor Maddox McMahon B snowalter - __ Against Y -- Tedesco Wilson Form Approve y ity At rney Adopted by Council: Date Certified Yassed by Council Secretary BY By —_ � , Approved by Mayor: Date _ Approved by ayor for Submission to Council By _ _ BY WHITE - CITY CLERK PINK - FINANCE COl1tIC1I (�"4 CANARY i DEPARTMENT G I T Y O F S A I N T PA IT L � .I BLUE, - MAYOR File N O. �+ n ��, � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date nation made by the Board of Zoning Appeals and requesting that a hearing be held before the City Council for the purpose of con- sidering the actions taken by said Board; and WHEREAS, Acting pursuant to Sections 64 .204 through 64.207, and upon notice to appellant and other affected property owners, a public hearing was duly conducted by the City Council on April 23, 1981 where all interested parties were given an opportunity to be heard; and WHEREAS, The City Council having heard the statements made and having considered the variance application, the report of staff, the minutes and findings of the Boar.d 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� a.nd determined by said Board; and, be it FURTHER RESOLVED, That the appeal of Robert W. Moore be and is hereby denied; and, be it FURTHER RESOLVED, That the City Clerk shall mail a copy of this resolution to Robert W. Moore, the Zoning Administrator, the Planning Commission and the Board of Zoning Appeals. .�- COUNCILMEN Yeas Nays Requestgd by Department of: Hunt Levine [n Favor Maddox � McMahon snowaite� _ Against BY Tedescw wlson MAY 1 �981 Form Approved Ci Att ney Adopted by Council: Date — Certified --ed by Cou .�I S tary BY BY w„ . Approve y :Vlayor: Da ' MAY ,� �9g� Approved by Mayor for Submission to Council $y _ BY ' 1��$�_ -��«,�:�u �►�tiY 1b � , " f � N V �✓i��X"/� .. '� r ��J/;�, . I '-.% , �� S1". PAUL CITY � Ol� �1Cl �. PUBLIC HEARING N4TIC � ZONING APPEAL ZONING FILE N0. 8806 FILE N0. x ssob PAGE PU R P 0 S E To consider an appeal to a decision of the Board of IZoning Appeals a�fecti�ig [he,:application for a varianc� on the following property: Lots 1-6, Block 10, Hager's � � Subdivision of Lots 1-7 and 14-18 of Walcotts Addition. to Cottage Homes. I LOCATION South side W. Cottage between Mayre Street.and Park Avenue PETiTIONER Robert W. Moore - 1325 DeCourcy Drive H E A RIN G Thursaay, April 23, i9si, i�:o� a.u. Citv Council Chambers, 3rc� Floor Citv Hali - Court ':?ouse QUESTIONS Z.or.ing 298-4154 Contact the ZoninQ Section of the Planning and Economic Development Department, Room 1101, Citv Hall Annes, 25 �J. 4th Street, St. Paul, Minnesota 55102 Notice sent April 3, 1981 by the Yalustion and Assessment Division Department of Finance and Management Services Room 218 City Aall - Court House St. Paul� Minneaota 55102 , , , - i c �. .�?G �''`f . ; - -� , _ . t � � , � . : ., , . , , , _ , _ , \ , Msy 21, i�31 ' . _ ,� -. , , ` � - , � , ` ,. � . . Robert �+1. Moore � _ � � 13�5 D�Courcg _ ^ St: PAUi, Minnesota 551Q3 � , � , . De�r Sirt ' , ' � `: ,. � - . , , _ , , ` Eaclased is a copy of a St. Paui City Council: btewlut,ion C,.F. Po. ' . 276812� adopted by the Council on M$Y< 7s: 1981, den�►in� 9oui aPP� : to a d�ci8ion of the $oard oE Zoning Appeais- for praperty � the sonth efde of W, Cotta�e betwe�n 1Kaqre snd Park. , _ � , , . � - . Very truly ura� _ _ - • " _ �`.:._. -. . , , ' ' . _ . . '� ,+�.\ .,fj:�/�'}v� ( � � . _ � I . � OZSOII ''c'. . , , Citq G1erk ! , , � , %1 Attach. . , , '�, � , ech - , i � . - ' +' . . � cc: Za�iag �iniatrator , � r Plst�aiag Camdissiaa � . �d• .o� Zop�in8 APPaale _ ' ' � ' ' ` . - . . , ;�� - �� . - ,; , i" i f'I � , , . �, ', � � � , , . , . \ " . . i _- ` . • : _ ` • � ) , '� . . : / r 1 ` . � � � . � . . � . .. . . . � - � � � , i � . . .. . � � . . - . . . . . . . � .. . , . . . . � • � . �- , � . � � � . . . � � � " ... . . � - . . . � � � " . �. . . . 1 , - � . . . � . . . . ' .. . t . . . �. � . � . ... . � � � .. . , . � , ' " , a �� g�� ;;. . , - �, , � � ; -. � _ , . - � � - . �arc�, z4, i98�i. " . ` ' 1Kr, Panl Deech , - - . Departaeat o�' Finsace • , Roo� 218, City Aall ; , , Deer Sir= � _ . The City �uncil s�t a date of hearing. for Apr�.l 23rd� 19$1 t,o canaider the appeal of Robert ii. l�ac�re to a decision o! _ fi.he Bonrd bf Zoning Appeale sfYeeting property on Oot'6ege ` ' street bet�een Park and Meyyre (Zoning FSl�e �8806�. �121.1 , you p�.esse sanfl aoticses ta propsrLy awe�re as required by IentY � _ : Youra v!ei"Y trulY, ` - . . . , �; , � � �toae Mi�x . , i � , City q.erk � � � �� _ _ , . , _ r , � � Attsch. . - .j � iWV SM . . � .. i . . . .... �� ; . r .. . ♦ . . . , ' . ca� Plem#ag 8tsft"� Zoning 8ection , -� � � HOasiag 8� Bldg.: Oode Snforcem�ent Dir. ' , , _ . ' j i . .. � . / � . . . .� . . ' � . l . . . . ' � . . , - � . � � . . . ' . � .. � .. - � . . > - i . . / . . . . ' . . � . � � � . � .. � . . . . '. .. � . . . . � . ' . � . . . . � � � . � �� , � . .. . f 7 - - . . �� #�" .3�� . _ .�S� r�G , March 13, 1981 FrI.ED 3—/�=�� l: : , ' y ' �,::' `; '^ R '� City Cletk {` �;� r � "�� City of St. Paul �1 � � ` � � =;C= : 386 City Hall Bldg. " � ''� �"' ' ''� �� St. Paul, 55102 �'�� re: zoning file # 3806 Cottage Street - Park Ave to Mayre St. Applicant Robert Moore Dear Sir: I hereby request that the findings of the Zoning Appeals Board of the City of St PauT be reconsidered by the Council of the City of St. Paul. I am of the opinon the action of the zoning board may be contrary to law as expressed in a letter of Mr. B . Warren Harts dated March 6, 1981 to Mr Anthony Tedesco, copy of which is attached hereto. I am being fcrced from my location on DeCourcy Rd in St. Paul for the Energy Park and the locations for my business suggested by city agencies are far inferior and less convient for operation of my business. Please contact me if you wish additional information or if I may be of further assistance on this matter. SINCERELY Y RS, i bert W. Mo re 1325 Decourcy, St. Paul, 55103 c � - .�. - • ��± � t MOORE, COSTELLO & HART RICHARD A. MOORE ATTORNEYS �AT LAW FORMERLY B. WARREN HART FARICY, MOORE,COSTELLO 6 HART Wi��IAM F. ORtitE 1400 NORTHWESTERN NATIONAL BANK BUILDING MARVIN J. PERT2IK 55 EAST FIFTH STREET A.PATRICK LEIGHTON � FREDERICKJ. PUTZIER SAINT PAUL, MINNESOTA SS�OI OAVIO L.WHITE ROIAND J.FARICY HAROLD R. FOTSCH (612) 227-7663 � �g9g-�g6Z ROBERTA.ALBRECHT RONALD E. MARTELL WILLIAM M. BEADIE DENIS L.STODDARD HARRY G.COSTELLO BRUCE E. KIERNAT RETIRED . LARRY A. HANSON J. PATRICK P�UNKETT JOHN M. HARENS WAtTER V. DORLE ROBERT G. DANIELSEN � OF COUNSEL TIMOTHV A.SULLIVAN 1907-1960 DAVID A. KASTELIC • � BRIAN W. MULLINS March 6, 1981 Mr. Anthony F. Tedesco Board of Zoning Appeals 1200 City Hall Annex 25 West 4th Street Saint Paul , Minnesota 55102 Dear Mr. Tedesco: I have your staff investigation report dated February 4, 1981 , recommending denial of a request for a variance �,., with respect to Lots 1-6, Block 10, Hagers Subdivision [referred to as � Hangers in your report]. I am also advised of the denial of the request � for a variance. � As one of the owners of this property � and as attorney for all of the owners, I am writing to .inquire whether you have given consideration to Op. Atty. Gen. , 59-A-9, April 26, 1948, ruling that, when a city establishes a set-back that adversely affects the owner's rights to use of the property, the property owner is entitled to just compensation for a taking. I am also writing to invite your attention to the P4innesota Supreme Court's very recent decision in McShane, et al . v. City of Faribault, 292 N.W.2d 253 (Apr. 4, 1980) . That case holds that achieving inverse condemnation via mandamus to compel the city to initiate condemnation is not an appropriate remedy. It holds that the proper remedy is by suit to enjoin enforcement of the ordinance in order to give the city an oppportunity to either withdraw the ordinance or to institute condemnation proceedings. Although we have requested a variance, this case also holds that it is not even necessary to seek a variance as a prerequisite to challenging the ordinance in court. It occurs to me, however, that the need to challenge the ordinance or to compel comdemnation might be avoided if a proper variance were granted. I have in mind that residents adjacent to , . � ..► -- +. . ' - � �';�� , . � �� Z Mr. Anthony F. Tedesco - 2- March 6, 1981 our industrial property came in after our property was already zoned industrial and that they are now seeking an economic gain by having our property use restricted by a prohibition against outdoor storage and by a set-back for their benefit. If outdoor storage is not allowed, the residents themselves will no doubt be in violation on everthing from cars and bicycles to garbage cans and firewood. I strongly doubt that an overly broad restriction of this type is even constitutional in itself. Having spent some thirty years in construction industry litigation involving construction costs and soil conditions, I am particularly disturbed by and prepared to challenge the casual and erroneous opinion that an industrial building can probably (?) be accomplished without significant added cost. My point is that if the city wants to take from us via substantial restrictions, including a set-back or buffer, all for the unilateral benefit of adjacent residential property owners and their property value, it should do so by condemnation and assess the � adjoining residential property for the benefits. The action to date has interfered with a sale and precluded an industrial use of this property. � In view of the legal rulings and � decisions referred to above, I request that this matter be reconsidered � and that corrective action be taken. If further information or action by me is desired, please contact me. A prompt response with respect to intended action will be appreciated. Very truly yours, • MOQRE, COSTELLO R� HART B y GG B. Warren Hart BWH/sb cc-Mr. Robert l,l. Moore Mr. Douglas E. Andrews Mr. Roger C. Sorensen , ' . . � ��L3� C � city of saint paul board of zoning appeals resolution zoning file number 8806 da�� February 24, 1981 � � � , �� ,��Y d. . ' � CITY OF SAINT PAUL� =�0` ; o a� DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT � uu�tum , ;�� nu tuu d %° " DIVISION OF PLANNING '��? i e a• I�- 25 West fourth Street,Saint Paul,Minnesota,55102 GEORGE LATIMER ^'"'•��;r`{�51 MAYOR April 14, 1981 Mr. Albert Olson, City Clerk Room 386 City Hall St. Paul , Minnesota 55102 RE: Zoning File No. 8806 - Robert lnl. Moore City Council Hearing: April 23, 1981 Dear Sir: This letter is written in response to the appeal of Robert W. Ploore of a decision of the Board of Zoning Appeals. The Board of Zoning �ppeals denied a request for variance of the required condition that outdoor storage within an I-1 , light industrial , zone, be no closer than 300 ft. to any residential district. The site is located on the south side of rJ. Cottage between Mayre and Park; the legal description is Lots 1-6, Block 10, Hager's Subdivision. The Board of Zoning l�ppeals received one letter in support of the variance from the District 6 Planning Council . At the public hearing on February 10, 1981 , one person spoke in favor of the variance, three persons spoke in opposition. The Board of Zoning Appeals voted 6 to 0 to deny the request based on findings 1 through 4 of the staff report. The appeal is scheduled for City Council public hearing on April 22, 1981 . Please notify me by April 22, 1981 , if any member of the City Council wishes to have slides of the site presented at the public hearing, or requests additional information. Sincerely, � �� . G Anth y F. Tedesco City Planner AFT/mb attachments �O ` "'""°�� CITY OF SAINT PAUL ��tT p1�W -'� '��` OFFICE OF THE CITY CLERK >. ,: - :• � •: _ �.� �i�iiijii Q� , -, . _ BUREAU OF RECORDS 366 City Hall, Saint Paul, Minnesota 55102 • �WIy��n ��o��•: GEORGE LATIMER 612-298-4231 MAYOR �7 � �� 2 � ,�, ��r �, ;i;, ;i. ��, , ;�; . ; i�;� , � ,� ; ;, ,,•� March 24, 1981 Mr. Paul Desch Department of Finance • Room 218� City Hall Aear Sir: The City Council set a date of hearing for April 23rd, 1981 to consider the appeal of Robert W. Moore to a decision of the Board of Zoning Appeals affecting property on Cottage 3trset between Park and Mayre (Zoning File #8806). Will you please send notices to property owners as required by �.awY � Yours very truly, Rose Mix City Clerk Attach, ABO:la cc: fPlanning Staff, Zoning Section Rou�ing & Bldg. Code Enforcement Div. � �O � ` .f,��` _ / f . L i . . .•rch 13, ,1981 � � _ _ � ._ _�,'- ��, ; , .. � �� a .� � � �� City Clerk ��.. C�ty o� St. paul � � ; _ � �{� 386 Ci,ty Hall eldg. ' ' ' ' � � � St. Pau1, 55102 re: zoning file # 6806 � Cottage Street - Park Ave to Mayre St. Applicant Robert Moore � Dear Sir: I hereby request that the findings of the Zoning Appeals Hoard of th� City o€ S� Paul be reconsidered by the Council of the City of St. Paul. � am of the opinon the action of the zoning board max be contrary to law as expressed in a letter of Mr. B . Warren Harts d$ted March 6, 1981 to Mr Anthony Tedesco, copy of which is attached hereto. , � I am k�eing fcrced from my location on DeCourcy Rd in St. Paul for the Energy Park and the locations for my business suggested by �ity agencie� are far inferior and less convient for operation of my bus�ness. Pl�ease contact me if you wish additional information or if I may k� of further assistance on this matter. SINCERELY Y RS, � bert W. Mo are 1325 Decourcy, St. Pau7., S51(?3 . � K . ; 1 �r �, $so6 ZONING STAFF REPORT �.`�� O DATE OF NEARING 2/10/81 l . APPLICANT: ROBERT W. MOORE - � . , , , , , , . . . . C L A S S I F I C A T I 0 N . . . . . . . . . . . . . . • CURRENT PLANNING & ZONING COMMITTEE BOARD OF ZONING APPEALS � Rezoning ❑ Variance Special Condition Use ❑ Administrative Review Q Determination of Similar Use ❑ Other — Change of Nonconforming Use Q (lther __ . � � ��/:� ROBERT MOORE (fiII806) Page 2 Pat Ryan, 1390 Park, questioned whether it would be that expensive for the appellant to move to a different location , a��ay from a residential district. He stated that he v�as also speaking for some of the other neighbors �vho feel �•�INUTES OF THE MEETING OF THE 60ARD OF 7_OfdifJG APPEALS Ifd � CITY COUNCIL CHAP16ERS, ST. PAUL, MINNESOTA, FEBRUARY 10, 1981 �..�". �� PRESENT: hkties. Morton and Sumrners ; Messrs . Kirk, Osborn, Peterson and 4loods of the Board of Zoning Appeals ; P1r. Segal , Assistant City Attorney; h1s. Lane of the Division of Housing and Building Code Enforcement; t�ls. Beseman, Ms. McNeally and Mr. Tedesco of the Planning Division Staff. ABSENT: Mr. Grais. The meeting was chaired by Gladys Morton, Chairman. R�BERT P100RE (#8806) : A request for variance from the required condition that outdoor storage be no closer than 300 feet to any residential zoning ciistrict in order to store construction/snow plowing equipment outdoors on property located on the south side of Cottage between Mayre and Park. The appellant was present. There was opposition present at the hearing. Mr. Tedesco showed slides of the site and reviewed his staff report with a r.ecomnendation for denial . If the Board approves the variance request, staff recornrnends that a condition be put on the variance requiring the appellant to provide buffering along Cottage and along the northern 100' of the west prpperty lin�. A letter was received from District 6 recommending approval provided that the appellant buffer the property. Robert Mbore, appellant, stated that he furnished staff with borin,qs on the property. These borings are not true to staff's analysis of the soil ; they were taken before the fill was put in when there was a service elevation of approximately 14 feet. Mr. Tedes�o reported that the soil analysis was taken in 1967 prior to when the fill was put in so the soil conditions have changed since this boring was done. Mr. Tedesco pointed that a permit was taken out in 1977 which was two years after the adoption of the Ordinance and that dumping on the site in 1977 makes the hardship self-created. Douglas Andrews , Roseville, part owner of the property in question, stated that he received an estimate of $40,000 soil preparation to put a building on the site. Ne also mentioned that several years ago they checked with the City Public 6Jorks Deparmtent to the possibility of vacating the street. At that time there was no objection to the vacation of the street. Jerald Frisch, property owner within 350' of the site in question, stated he was also appearing at the request of another property owner in opposition to the granting of the variance. He said he bought his property with the intent to improve and change the character of the soil for an apartment building, so it should be with the industrial use. He felt the property is appropriate for the use �nd that the use can be built on it. James Flynn, 1391 Park, spoke in opposition stating that they already have a problem with industrial people and with trucks all hours of the night and morning in the area r�ow. Cottage Street is in very poor deteriorating condition and if they have heavy equipment using the road, it will make it worse. � •� . , _ .. . . I .,.,.,. ''�� . � � � . a� �� , ROBEf�T W. MOORE (#8806) STAFF REPORT Page 2 F. FINDINGS (continued) a. The City should require a buffer between industrial uses along the Northern Pacific Railroad line and adjoining residential neighborhood. b. Access through residential areas to industrially zoned sites should be prohibited. G. OTHER FINDINGS: l . Cottage Avenue is an unimproved, ungraded street. The City has considered irrq�roving, and is continuing to consider improving, Cottage from Rice Street to Park. 2. The concrete circular sewer running down the middle of Cottage Avenue has had cave in problems in the past. H. STAFF RECOMMEN DATION: Based on required Findings 1 through 4, Staff recommends denia of the variance request. FURTHER RECOMMENDATION: Intent of the 300 foot distance requirement between outdoor storage and residential districts is to provide buffering between this use and the residential district. If the Board approves the variance request, staff recommends that a condition be put on the variance requiring the applicant to provide buffer- ing along Cottage Avenue and along the northern 100' of the west property line (see attachment). The type of buffering can be worked out during the site plan review process ; however, some sort of vegetation such as Black Hill spruce or Colorado green spruce would be appropriate. If additional adjacent property is acquired, buffering will be required along Cottage Avenue and along the northern 100' of the west property line. � . � � �� . . � � ��. � i �. �� . i, , � � ...,. ,. f ,�.� , � ZONING BOARD O S S .7 6 ;� APPLICATION FOR ZONING ORDINAN�E VARIANCE � '� ' �`;�� { CITY OF SAINT PAUL �� ` � A VARIANCE OF Z.ONING CODE CHAPTER�_,SECTION 533� PARAGRAPH f= �r-;, y., � IS REQUESTED IN CONFORMITY WITH THE POWERS VESTED IN THE BOARD pF ZONING AP— '� ' `'"' ' '` PEALS TO PERMIT THE QN PflOP�RTY , ��, A+4 ;,�y� �` �� ?,��,t��r, �."�"t1 DESCRIBED BELOW. - z�� i � }G: .,. �� t 4 A. Applicant; NAME: �n}�cart W. jy(pRro ,' , �'a�f �y�y ! '� ,.'�` " ADDRESS 1 77r-. ��C`rr„��.�, G ��'��"�'�„� ' �� "� . t DAYTIME TELEPHONE NO.fjy4A 3?73 ZIPGODE�,�,T • ?� '� ' � . � ' ' 1. Property interest of applicant: (owner,contract purchaaer,.et�.) +! ++� ,� , . ; ��-�'��:p W� ,� contract purchaser ';��,pq� �� ` �`, �," "� • F 2. Name of owner (if different► �U'�ld$ E• ��rBWS� �• �11$TX'�l'1 �x �a'`��`a�,�� '�' � � ��_. , RO @L' �OY'Ells@ri �� , +:° � ��. B. Property Descriptio�: ADDRESS LOt�SC,Jf: AVB b!ltM�9I1 �lYta jc Park �� ',� � � � � i;;� p ` � 4� �" .{` �` � 1. Legal description: LOT 1 �j BLOCK 1,(L_ �'ADD � �' `� 4�`,�.. �� -- ,, Yj , ,,; Sub 1-7. & 14-18, W�lcotts Add to Cottag�e Hom�� ,•;� �„�, s ` r z. Lot size: 1 ��.S 1C 3�2 �� , �`�-� +; ' �r � .m:§�a�sJ"�f -�� .,,,. � F., �� 3. Present Use yA�,�t Present Zoning Dist. _ � r� ;5�;`M � � , �r' � . �� '. c - C. Reasons for Request: "� '� += # 1. Proposed use outside storage of ■ eonstruction � - �` ' � : { machinery, (primarily earth moving �quipment) � - . � � � 2. What physical characteristics of the property prevent its being uced for any of the permitted uses in your zone7 ltopography,soil co�ditiona,aize and shape of lot,etc.) wi th�n 300� " _ � of rESidential zoning� soil queationable for support , *� industrial buildings, requested use best us� of � � pro�erty State the specific variation requested,giving diata�cpa where appropriate. \ � k � permiseion to use entiee i�i� parcel for outeide ; � ' �� ' �quipment storage Chapter 60.533 - c �U ' 1(l� Y «� u�c e-- - 4. Explain how your case conforms to each of the followinp: .wa - � , � a. That the strict application of the provisions of the Zoning Ordianco wquld result in peculiar �` �, f or exceptionel practical dffficulties,or exceptional undue hardshipt. WO 1 I'�Q,� ` � �: s�, ,�;� ' � accomodate my r c�� er � �"�'�;� , � �� '��.�: `��.Q..Se._. ; � � �, � � �;,, •' l ;�• �,•�, ' � CASHIERS US�ONIV , � -�; b. That the granting of a variance will ,;,� �` �o� �"+� � not be s substantial detriment to �'f% 7 �� '.,�; �;� � �; �.� public good or a substantial impair- ' C''� G��L��N�C�T��i'� ��}� � = ment of the intent and ur ose of /� �+ �/}�, �''y 5� � . k�,r- �, . � � P P ' :•jr.fSS �4�riN'1 ��I�4fJr U.�. � the Zoning Ordinance. 1`"' �'�" �; request� u�e creates minim , � �;��, , �'�",, � traffic for nei hborin � � , � 9 ' �Y 'a ' � residants - ,�r � �^�,;.� � � • � + l,� � y ;m, � ,� � NOTE:,� S�WI L NOT OCE ED ITHOUT A COMPt,ETE SITF PLANI �: �` .*� " �* � � � w �� Signatu �' y:� �-. � �. : �.• � # , I ;;�;�'� Date Recaived � _ — � .. . �. � . . . J Q, DEMOLI�(ION M/\I�LI�IF�I_: M��< ;;,�I, fro�� rry l�uil�l�� r �.t�uc�ure �.�i�:.i c��n>istin� of mixed mo- �Gf.1U�5� SUCfI U5, ��U� IIOr �IfCII�CC� 10� ��II�i�� (I�C� v/UU�� fUUfln,� 1�•Iilt�Jt'CefllCllf f��5, C � f111J arrJ (aster. ^'� -'```'-"� p b. WOOU: Cratcs, (uinbcr, boxes, ��ullets. c. CI.EAI�I FILL: Sand, soil, dirt, c��rth or asl�e5 which ure frt:e of wooJ und other comLustible ma- tc�ials, brick, concrcte, paving and siniilur materials. 323.02. Owner's Pe�mission Requircd. It is unlawful For any person to dump or deposit any demoli- tion mate�ials, trees, sfumps, wood, lurnl�er anci clean fill on private properry located within the eor- porotC limits of the City of Saint Paul without first I�uving obtained the wriften consent of the owner of the privote property, and without first f�aving obtained a permit so to do from the �epartment of Public Warks, �u�eau of Sanitation. 323.03. Permit Required. (t is unlawful for any pc:rson to al low dumping or depositing of any demo- litian materials, trees, stumps, wood, lumber and cltan fill on property owned by him within the co�- pornte limits Uf the City of Saint Paul witl�out first having obtained o permit so to do from the Depart- r��ei�t oF Public Works, t3ureau of Sanitation. 3?3.Q4. Application. Any pe�sondesiring a permit as herein provided shall make writteci upplication th�i�efqr to the Bureau af Sanitation arid shall state in said application tf�e location of the dumping site, th� nQme and address of the owne� of the pri vote proper�y, the name and address of the person o� persons v�ilio sh�ll perform the depositing or dumping, a description of tl:e material to be deposited or dumped, th� m�tl�od ta be used, end tf�e route to be used in transporting such mater•ial to the disposal site� and wht;r@ opplicoble, s��oll File with said application the written cans�nt of the owner of the subject pri- vor� pro�erty. A permit mayb� issuedafter investiyation of the applicatian ond after apprownl thereof b/ the @ure�u of He:alth, Fire Prevention t3ureau ond Department of Public Works. The City Council� on �ecommendutipn of the nirector of Public Works, sliall have the power to revoke and onnul any such permit g�unted w1�e�e tl�e perrnittee neglects or fails to com��ly with the ordinances of the City of Sa'tnt Paul cand ths regulptions of the Uc;partment of Publ ic bVorks relatir�g ta the permittee's operations under this orJinance. 323.05. Rules Applicable. The perrnittee, in dumping or depositing such materiol, shall do so in oceocdance with the following rules and �egulations: a. No woocl, trees, tree branches, lirnbs or stumps which are larger than fou� (4) inches in diameter sh�all be deposited or dumped unless cut in lengths of not more than four (a� feet. �. No materia) other than demolition material, trees, stumps, wood, lumber and clean fill shall be de�osited or dumped an ihe site. �. The disposal area shvll be under constant supervision by the permittee at all times t�iat dumping p� de�oaitin� of mate�ial is being done. d. Loye�s of fill shal) not axceed sever� (7) feet in dcpth, fifty (50) feet in width, and fifty (50) feet in length, and;fioll be continuously com��acted by equipment dozing the fill mate�ia) during all periods oF fillln� on thd disposal site. The area filled sl�all be completely covered with clean fill ccmpacted on open faees of �ach laye� so us to crcate a fire break. p. Lay��i pf moret'ials sholl not bc permitted to rernain uncovered for a period of time lon8er than two (2) week:, f. Each (pyer of fill other than clean fill nwst be covered v�ith a minimum of six (6) inc��es pf tho�- o�ghly compacted clean fil) marerial. �I'h� tinal I ifr or layer mu.t l�;: covcred and thoroughly compacted ovcr its entire a�cp with at least two (2) (��:I of clean fill m��terial. g. 7h� property own�r shall be respon�il;le for any nuisance c.c;nditi��n arisin� Frum the filling of his prope�ty a�d shall mointain a ro�lcnl cuniiul prog�urn u��un his pro��crly whicli is acce�tal�le to the Da- pprtmdnt of Public Works. , h. The Departme;nt of Publi� V'J�rl:s sl,��ll I�avc tl�c ri�ht to ordrr all dumpin� and dep�sitinc� to be . itop��cd In 1Nt� cvent It is delcrmir�ed L,y r.c�ic1 l�e�:urtinc•i�t that tl�c: n�onncr of fillin�7 �uid sitc is not in ' p�cUrdanco willi thr� provisioris of tliis ui.li��uncc ond �1��: rulez ond r::�ul<ations ot tl�r. said Dc��artment. y (�Ur�f. 13261, Juna 21 , 1966) • • • 1 CITY OF ST. PAUi, pEPARTPU�:IdT Ol� PUBLIC 4)ORKS , xoort 234 - CITY I1�'�LL PERMIT �_� �� DATE //� �� APPLICATIO:J L�OR PERMIT TO USE P�IVA�F �AND$ FOR DISPOSAL OF - DEMOLITION MATEKIAY., WOOD OR CLEAN FILL AS DEFINED � IN ORDINANCE NO.�,�� APPROVED � � �C AND IN ACCORDANCE WITH SAIL1 QRDINANCE. 1, �IAME ANA ADDRESS OF APPLICANT �(./0 ��f F �h J� �" f ").,,�3 �1 Lc, t � u� � �, �/Y PHONE: ��Y.3 "S�//� �. NAM� pND �1ADRESS OF PROPERTY OWNERS I7. � : / G 1 '� �'Y-'?��`�– �, LEG�AL D�5CRIPTION OF LAND TO BC USED �-��v� �� d �� `"l� k c ,►�-.� s � ; � <<- � �� l � � �� 4, ��L• f �. a� , f,r. �., ...r TIQN Q AREA TO BE USED (DCSCRIBE AND INCLUDE SKETCH ON BAC&) ��dL�'a ,._„ S'�,��`� � �' f� T T��,,..s�,�`'� � t P� �r �c ________ �Jo4 �c � A/o � t � , �- �� t�,s-� /�'I�; ��_ sr��a �— S� 1'yp$ Q$ MATERIAL TO BE DISYOSED r/.,� � . �1 �� S T' 6. R�1TE TO BE USED FROM PICKUP AREA TO DISPOSAL SITE / � 't .�'� L ° rr� y ' 7. ME'11i0D TO BE USED AT DISPOSAL AREA �� "�'�� r 'b � �'' � /ti,� (/ b S 5 v �� /1� S P $, 1�AM� AND ADDRESS OR PERSON OR PERSONS USING DISPOSAL AREA 2___r:__�_,�,.,.._ ��,�, v / c � / � �1� GQMMENCEMENT DATE l /o � � COMPLETION DATE G ' �, WRITTEN C0�18ENT OF PROPERTY OWNER TO SO USE DISPOSAL AREA� IF OTHER THAN OWNEIt� q$Yb1G QISPQSAI. AbtEA MUST BE A1"TACHED. ApP�� Dx�pp�p�ED �t�$I'ECTW BY A�PT. OF HEALTH COUNTERSIGN�D + HEALTH OFFICER �_____J '....,..--� �NSPECTFA SY FIRE PREVENTION BUkiEAU �OU1�T�ERS�GNED C1�IEF FIRE INSPECTQR I__,�,1. �, �N$P$CTED BY,�__,,,,�,M _� DEPT.OF PUBI.IC WORKS MAINTEIIANCG ENGINEEK � ER IGNED � COUNT S " R4MARK&s —._._ � APPROVED FOR PERMI'l' BY _ ._ ___ . __ -_ �DL'1'Al?TidEN'� OF YUI3LIC 410RK.S - nUREAU OF SANITATION THIS APPLICATION WILL LL VOID TWO WEI:KS AFT��t RI:CEIE'T BY ItJVIiSTIGATION DIVISION. � -- _ . �_.._._ ...,,...s.. ....... �, .� � ,....,... � - ,. ... . .__.�._. , .�. --<�._..�`�.�a.- .......�., ...�.�..ir� , "' '� r .�,- � ,- ;�_ S,r.. . _ - - -_ • -c � ��r...� . ++S �� ....a . ._ .. �....� . � � �:�....�.,._........r��.+...., .....r��,w�:...:_:...,, ;ir'.w...,...L.......�.�..:.r.ia�e.-. ..__. .._ .....u..:..., . . � .�__.,...._. .._..._...`...�..... .. ... J� . .__.. . . . . .�.��-.�.��.r.....�..� . . ' . . — --=�__- — _s — � _ — T _" • � �� ✓r �� _ / � � �' ��y`'t' °��°'� CITY OF SAINT PAUL �:4+�. - _ �P DEPARTMENT OF PLANNING AND EC ,+ ��,,,, : ONOMIC DEVELOPMENT ay,,, ,,,, � DIVISION OF PLANNING �°`""� 25 We�t fourth Sueri, Sai�t Paul,Minnesota, 55102 GEORGE Ir1TIMER ��,�,''�i1�96-4157 MAYOR � 4 :.l:.;_.�.�,+ March 16� 1981 , Mopre, Gostellp and Hart Attorneys at Law 1400 Northwestern National Bank Bldg. 55 East Fifth Street St. Paul , Minnesota 55101 Re: Zoning v�riance for Robert W. Moore Gentlemen: I have r�vi�Wed Mr. Hart's letter, sent to Mr. Tedesco, concerning the denied ' variancQ request for Lots 1-6, Block 10, Hagers Subdivision. Outdoor storage in an I•1 zone �s subject to required conditions . These required conditions � Were no� met, and the Board of Zoning Appeals found that variance of the required �onditipns would impair the intent and purpose of the Zoning Ordinance. There is an dppeals process. You have thirty days to appeal the decision of the Board of Zoning Appeals to the City Council (see attachment) . The Board of Zonin� Appeals made their decision on February 24, 1981 . If you h�ve any planning related questions , please call me at 292-6221 . If you hdve legal questions , please contact Jerry Segal of the City Attorney's Office at 298-5121 . Sincerely, , ----- ._ lawrence Soderholm Principal Planner Zoning Section � LS/cc cc: ac�ys Morton, Chair, Board of Zoning Appeals �thony Tedesco Jerry Segal �U � �,�y,, . � , , _ �_— � � � U � � � �. - �T � _-i_ __ _� � `1.' - -- - O � - � _ ' .�- . � �� 32 -- � � � ----- - - _ . � �A► -. ? � - -�- . __ R __ _ � O_ � . _ � , ____ _ _ _ ti _ , > p < `- a . _. �� - .� - o _ _ ___�-� q► 1 �--�- ,- o <� _> . '� �.:� �, --� - o _- - -- - . � ; r- -A � -- � � �.� `^ � � . � � - =� � � � *'r �..�,.,,�..,...,. - � ... 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' T �.._� � � `� I I I � �R` �� M !+� �:� w�w.. � ....�� ' <'' * _ . f.. . ' �F " ��I �.] � � _ �... � ' I I I ( I ' � •A' � � f y � � � . � AGINT , `` o , , � �. � . -r--� � ; -�:, Qi � � n n 1--�- � . � ; ' ;�:. ;. :� -�.......,- :,- �'* I � � t , f:� z'� ,f�" ., .. �. ;X ' '`,�t , • ti�. ..1:� � ' � I 1 1 t- J I i ' � � �� (�� ' ,�, �f .a 4`� . (� � (.I 1 I 1 1 I I T 4 . �� » '� ! �., � � ta Q�� IQ V � O � .. ��;. �� ' k ., + •.� � � , �i;i � '.,� ' � � � t . � • �' ,� , "�.`.� `.,.- � ..�.� "!Q�'� j.*?' C� O (� i r Q h p � � � Ip� � �� .:�:�' . ,�'t `y A � � � ( O � � � ( � � � � ' yY �. �..L_ ._. _ � � � � � � ., ,.� 'C •.�, ;' . .: AREA MAP APPLICANT �i�, ,.R�_ . �� LEGEND — —' ZONING DISTRICT 80UNDARY PURPOSE �� TO �� SUBJECT PROPERTY O ONE FAMILY PLA�;NING � �iS7RiCT TWO FAMILY � FILE N0. OATE Q ��" O MllLTIPLE FAMILY • • n COMMERCIAL SCALE � 1��= 200� �Np�tT� � �'� �NDUSTRIAL n�aP rv0. SAINT PAUL PLANNING BOARD V VACANT .�