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274563 wHITE - CITV CLERK CO11�1C11 �� PINK - FINANCE GITY OF SAINT PAUL CANARV - OEPARTMENT BLUE - MAVOR File NO. �� cil Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, John Hermes and Michael Kurtz applied to the Board of Zoning Appeals for an administrative review of the Zoning Administrator' s decision to deny their application for legal non-conforming etatus so as to be permitted to continue the operation of a four-plex at 1927-1929 Carroll Avenue; and WHEREAS, following a public hearing fo� that pu�pose, with notice to affected property owners, the Boa�d of Zoning Appeals, by its Resolution 8520, adopted December 11� 1979,, upheld the decision of the Zoning Administrator in fin ing at the building was not a four-plex but did modify the Admi ist ator' s decision by determining that the structure was a lega on-conforming use as a three-plex; and 4�HEREAS, Linda ZaGhow and Nina Kopach duly filed with the City Clerk an appeal from the determination made by the Board of Zoning Appeals requesting that a hearing be held before the City Council for the purpose of considering the actions by the said Board; and WHEREAS, acting pursuant to Sections 64.204 through 64.207 of the Zoning Ordinance, and upon notice to appellant and other affected property owners, a public hearing was duly conducted by the City Council on February 7, 1980, where all interested parties were given an opportunity to be heard; and WHEREAS, the Council, having heard the statements made and having considered the said appeal, the report of staff, the minutes and findings of the Board of Zoning Appeals, doee hereby COUNCILMEN Yeas Nays Requested by Department of: Butler In Favor Hozza Hunt L�vine _ _ Against BY Maddox Showalter Tedesco Form A pproved y i tor Adopted by Council: Date Certified Passed by Council Secretary BY By t�pproved by ;Vlavor: Date _ Approved by Ma o for Submission to Council BY - — BY wHiTe - ciTr CLERK COI1fIC1I �� PINK � — FINANCE G I TY OF SA I NT PA U L CANARV — DEPARTMENT File NO. BLUE — MAVOR - �r Council Resolution Presented By Referred To Committee: Date Out of Committee By Date Page 2. RESOLVE, that the Council of the City of Saint Paul does hereby find and determine that the Zoning Administrator was correct in determining that the structure at 1927-1929 Carroll Avenue does not have non-conforming status as a four-plex, nor has the said structure been used continuously for a period of twenty years prior to October 25, 1975 (the effective date of the Zoning Ordinance) as a three-plex; and, be it FURTHER RESOLVED, that the Council does hereby determine that the structure at 1927-1929 Carroll Avenue is a two family dwelling and is a permitted use as such in the RT-1 zoning district in which it is located; and, be it FURTHER RESOLVED, that the appeal of Linda Zachow and Nina Kopach be and is hereby granted; and, be it FINALLY RESOLVED, that the City Clerk shall ma.il a copy of this resolution to John Hermes, Michael Kurtz, Linda Zachow, Nina Kopach, the Zoning Administrator, Planning Cocrnn.ission, and Board of Zoning Appeals. 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',. _ ... > �2-�`-=(03 ��°�°'^�� CITY OF SAINT PAUL _;`�t*� o,�,� -R -= OFFICE OF THE CITY CLERK ?a n�nrn ,� %+ ' �°" „�� BUREAU OF RECORDS ''�• _ 1``a��,,,mR!�o�,�'��_ 386 City Hall,Saint Paul,Minnesota 55102 612-298-4231 GEORGE LATIMER MAYOR February 26th, 1980 Mr. Ed Starr City Attorney 6th Floor, Czty Hall Dear Sir: The City Council today adopted a motion granting the appeal of Linda Zachow and Nina Kopach to a decision of the Board of Zoning Appeals regarding property at 1927-29 Carroll. Will you please prepare the proper resolution implementing this action. Very truly yours, � � , �� Rose Mix � City Clerk cc: Planning Staff,Zoning Section �' Building & Housing Code Division ABO/sch O f �, � ��°= o, CITY OF SAINT PAUL ��0` ; �; � DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT � iiii�ii��ii �� "o ^°. DIVISION OF PLANNING °,, f"'"�+sn�� 25 West Fourth Street,Saint Paul,Minnesota,55102 GEORGE LATIMER 612-298-4151 MAYOR January 31 , 1980 Rose Mix, City Clerk Room 386 City Hall St. Paul , Minnesota 55102 RE: Appeal by Linda Zachow and Nina Kopach Dear Madam: This is in response to the appeal filed by Linda Zachow and Nina Kopach of the appeal for Administrative Review granted on November 27, 1979 by the Board of Zoning Appeals to John Hermes and Michael Kurtz modifying the Zoning Administrator's decision to deny the application for legal nonconforming use status for a 4-plex at 1927-29 Carroll . The matter was heard by the Board of Zoning Appeals to consider whether the Zoning Administrator erred in his decision to deny the application for legal nonconforming use status for the 4-plex based on testimony received from a previous owner. The date of this denial was August 14, 1979. During the public hearing, considerable opposition was present and gave testimony, as substantially reflected in the attached minutes. After considering the facts as presented in the staff report and the testimony presented at the public hearing, the Board found that the Zoning Administrator did not err in his determination but that 3 units had been in continuous existence for a period of at least 20 years prior to the enactment of the 1975 Zoning Ordinance. The Board under its authority in Section 64.206 of the St. Paul Legislative Code, modified the Zoning Administrator's decision by determining, on a 7-0 vote, that the structure is a legal nonconforming use as a 3-plex. This action has been appealed by Linda Zachow and Nina Kopach, property owners within 350 ft. of 1927-29 Carroll , based on their contention that clear and convincing evidence was not presented and that the decision of the Board was arbitrary and capricious. This matter is scheduled to be heard by the City Council on February 7, 1980. Sincerely, �'�.��-_. Laurence J. Jung City Planner LJJ/mb Enc. O i �.�� ` . ` _` .� . � � �� F„ �, � � . . I 2Ltii �� ..� �Ci7" r:.=��'� GFr"10E �� „ ,_,, . � � �;�. . ST FAUL. �'1'� J ;� �� a , . , .. � .l _ .;�„ �/� . ? January 8 , 1980 � � - ti , iy •� .; Ms . Rose r7ix - Sa? 'aul City Clerk � 386 City Hall � Saint Paul �� Minnesota 55102 ' � RE : Notice of Appeal of Board of Zoning Appe�ls Decision of November 27 , 1979 regarding 1927-29 Carroll Avenue, Saint Paul , Minnesota Dear Ms . Mix: Please be advised that the decision of the Saint Paul Board of Zoning Appeals , -�rved December 11 , 1979 on the ewners , of the above proper Messrs . Kurtz and He�mes , is appealed on the grc > that the decision was not based upon clear and con�. _n7 evidence of non-conforming use or of that type o� �ncial hardship contemplated by the Saint Paul Zonir:,: �::: , and that �he decision �aas therefore arbitrarv and ca� _��ious. A hearing was held- regarding the owners ' application for non-con�orming use status on November 27 , 1979 . The undersigr:ed ar� intereste3 neighbors , liviny witY.in - � 350 feet of the above property, and hereby request refund of the appeal fee which accompanies thi� notice of appeal . Sincerely, �?� ° ,71 �„� �'L�, �--c- Linda M. Zachow Board Member, Merriam Park Neighborhood Housing Services, Inc. 1944 Carroll Avenue Saint Paul , Minnesota N�:rt� k�.� Nina Kopach Resident/Owner 1943 Carroll Avenue }j; Saint Paul, Minnesota '� � \ Enclosure S�� r � ' city of sai nt pau I board of zoning appeais resolution zonii�� fiie number_8520 ___ • �a�� _December_1 l�_ 1979 .---_--- -- WHEREAS, on August 14 � 1979 the Zoning Administrator denied a Certificate of Occupancy to John Hermes and Michael Kurtz for legal non- conforming use status for a 4-plex at 1927-29 Carroll (letter attached hereto as Exhibit A) ; and WHEREAS, John Hermes and Michael Kurtz have applied for an Administrative Review of said denial in accordance with provisions of Section 64.203 of the Saint Paul Legislative Code (application for Administrative Review is attached hereto as Exhibit 6) ; and WHEREAS, the Saint Paul Board of Zoning Appeals , based on evidence presented at the public hearing on November 27, 1979, as substantially reflected in the minutes attached as Exhibit C, made the following findings of fact: 1 . The use of the building as a 4-unit residence was proven to have not been in continuous existence for a period of 20 years prior to the enactment of the Ordinance; 2. It was determined, based on testimony presented that 3 units had been in continuous existence with the 3rd unit being used the majority of the time; and 3. The applicant would incur substantial hardship if the strict inter- pretation of the Ordinance pertaining to continuous existence and use of the property as a 3-plex were applied. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that the Zoning Administrator did not err in his decision to deny the application for nonconforming use status for a 4-plex. The Board, under its authority in Section 64.206, does modify the Zoning Administrator's decision by determining that the structure is a legal nonconforming use as a 3-plex. m oved by Mr. Parrish Decisions of the Board of Zoning Se C OI1 d e d b�/ _ Appeals are fTnal subject to appeal Mr. Grais to the City Council tivithin 30 days in favor 6 by anyone affected by tl�e deci5ion. against � _ __.__--' . . • . MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS IN CITY COUNCIL CHAMBERS, ST. PAUL, MINNESOTA NOVEMBER 27, 1979 PRESENT: Mmes. Summers and Morton, Messrs. Grais, Kirk, Parrish, Peterson and Woods of the Board of Zoning Appeals; Mr. Jerome Segal , Assistant - . City Attorney; Ms. Bijjani and Ms. Lane of the Division of Housing and Building Code Enforcement; h1s . McNeally, Ms. Beseman and Mr. Jung of the Planning Division Staff. The meeting was chaired b,y Ms. Gladys Morton, Chairman. � JOHN HERMES & MICHAEL KURTZ (#8520) : Administrative Review appealing Zoning Administrator's decision to deny the application for legal nonconforming use status to continue operation of a four-plex at 1927-29 Carroll . The appellant was present. There was opposition present at the hearing. Mr. Jung showed slides of the subject site and reviewed his staff report. He amended the staff report to say that at least 3 units were in continuous use for a period of 20 years prior to the effective date of the Or�dinance. Staff finds that the Zoning Administrator did not err in his decision to deny legal nonconforming status on the property and the appeal should be denied. A further recommendation by staff would be to convert to a 3-unit structure since the effective date of the Ordinance would show that that was the number of units in operation. Michael Kurtz stated that he was half owner of the property in question and said that they have 4 units there. Since the inspection was made, they have been in contact with Alice Bijjani and have started remodelling. They have painted and put in carpeting to make it into a nicer unit; the walls were there and the plumbing was already in. He said they feel they are beinq treated unfairly because througho��t the neighborhood multi-units exist. <u Mr. Peterson asked if Mr. Kurtz or Mr. Hermes resides at the Carroll address and told by Mr. Kurtz they did not live there. Dennis Grogan, 1946 Dayton, President of the Merriam Park Community Council , said he wished to express the Council 's strong disapproval of the variance request. The Council feels that the use of the structure as anything other than a duplex would constitute a public nuisance, inadequate parking, further over-burdensomeness of community facilities and over-crowded living conditions are not wanted in Merriam Park. He asked that the structure be reconverted to a duplex and nothing more. Mr. Grais asked Mr. Grogan what the Council 's policy was regarding 4 and 5 unit . structures. Mr. Grogan commented that they will oppose multi-unit structures that don't fit in with the character of the neighborhood from this time on. They have opposed units in the past, but have been unsuccessful . The fact that there is already a problem in the area should not be used to justify the continued blighting of the neighborhood but rather should be taken as evidence of what damage can occur from granting variances. . h ••} ��OHPJ HERMES & MICHAEL KURTZ (#8520) PAGE 2 Mr. Kirk asked if the Merriam Park Neighborhood Housing Services and Merriam Park Council were encouraging rehabilitation .in the area since they have received federal funds for rehabilitation.- Mr. Grogan responded that both the Neiqhborhood Housing Services and the . Council are in favor of rehabilitation. Mr. Parrish asked Mr. Grogan what the :principal difference was in opposing this structure and not necessarily others. Mr. Grogan replied that the principal difference is that this building is up for review right now; the others are existing homes and if the opportunity came where they were up for review the Council would take a stand on them also. It is very hard to oppose an existing building that is not up for any variances or any review. They are looking strongly and closely at any appeals for variances on multiple family dwellings in a residential , single family and duplex zone. Paul Smith, 1900 Roblyn, said -that he was speaking for concerned neighbors in the area. He said Mr. Hermes and Mr. Kurtz should have been well appraised of the requirements for building permits for construction of this nature. It is also felt by the neighbors that the application for legal nonconforming use which had been applied for is improper. The property has not been continuously used as a 4-plex and there is no clear and convincing evidence that it has been. When there is an opportunity to look at a property because a change is proposed, it seems like a good chance to consider whether this is in character with the neighborhood. The transient nature of the occupants of a multi-dwelling unit is generally not compatible with the more stable character of a single family and duplex area. Linda Socko, owner of the duplex at 1944 Carroll , stated that she was a resident board member of the Merriam Park Neighborhood Housing Services and submitted a petition to the Board from residents in the area opposing the status of the structure as a 4-plex. She said the representation of multi- dwelling units in the neighborhood was overly stated. She presented to the Board pictures showing that the neighborhood was largely single family and owner-occupied duplex homes. The multi-dwelling units in the neighbor- hood are the exception, not the rule. She said this is not in keeping with the community feelings of the neiqhborhood. John Bartels reported that he lived across the street at 1918-1920 Carroll for 27 years. He helped them remodel the first floor and with the wiring in the house. He said he has been in the living area many times and the 3rd floor was not livable. The place has been poorly maintained; there are trees growing up around the foundation of the house and there is a garden area in the back that has not been cleaned out for 2 years. There is inadequate garbage cans in the back. Wayne Copas , 1921 Carroll , explained that his house is situated right next door to the house in question and that as a duplex he would go along with it but anything other than a duplex he would oppose. . � ` ,� JOHN HERMES & MICHAEL KURTZ (.#8520) PAGE 3 Paul Hess , 1943 Carroll , stated he purchased his home a little over a year ago and as a neighbor living 2 houses down, he is concerned about the parking. The area provided in the back for, parking is unuseable during the winter :nonths . He also stated that on a number of occasions the neighbors nave complained about noise in the 4-plex. The landlord is an absentee landlord and he exercises little, if any, restraint on the ' occupants in the 4-plex. Mr. Grais asked how Mr. Hess would feel about a 3-family unit instead of a duplex. Mr. Hess stated that as a owner of a single family home he would obviously prefer a duplex. Michael Hermes , part owner of the 4-plex, stated that he would like to respond or at least try to clear up some of the things that have been said that are not completely true. They have not received any correspondence or talked to anyone from the Tenants Union, and they have never had a tenant complain to them about problems in �hat particular building. If anything was ever said, they went over to the building right away and took care of it. He said they own the building at 1875 Carroll which is about a block away. About one year ago there was a meeting held by the Merriam Park Community Housing Services for realtors showing what they are doing to their area and that they were willing to give low interest rate loans to people interested in upgrading the Merriam Park area. The property at 1875 Carroll was shown in the slides as a home that had been rehabilitated and one that really enhanced the area. They also received a loan from the Merriam Park Community Center to do work on a building at 2006 Selby. He said they have never had anyone call them about a trash problem. If there is a spirt of community there, the least they could do is communicate .with them. He also mentioned that the 3rd floor has a fire escape which was installed about two weeks ago. � Ms. Morton�askeu Alice Bijjani if there was a bui1dinq permit issued fo►• the 3rd floor. Alice Bijjani reported that there was not a building permit recently issued on it; there was an electrical permit and a permit for residing. They looked back in their records and it seemed to indicate to them that they would not have a problem in granting a legal nonconforming status. They did indicate this to the owners at that time. They had not yet been presented with the evidence that it was not continuously used as a multi-unit during that period of time. They did receive assurances from their department that they could go ahead with the multi-unit use of the building. They were doing primarily redecorating work and whether or not they needed a permit would depend on the value of it, but from what they understood there was no structural alterations going on recently. Mr. Segal asked Ms. Bijjani if she or her department told the owners that they could use the 3rd floor for occupancy as a nonconforming use. • Y JOHN HERMES & MICHAEL KURTZ (#8520) PAGE 4 Ms. Bijjani replied that they had indicated that there seemed ta be evidence that supported that it had been used as a multi-dwelling unit since before� 1956 and that if they were to apply for a .legal nonconforming status, they probably would be able to obtain it. This was prior to inspection. The Assessor's records and the City Directory had indicated that there was , already a dwelling unit there. At this time Mr. Amey was called in and asked whether he had given any indication to the appellants that they could remodel and make the 3rd floor apartment into a liveab1e unit without a building permit. Mr. Amey said he had no recollection of the situation. There was a Building Inspect4r at the building in question. He said th�t he, h1r. Amey, had no authority to tell anyone that �hey can do anything other than $100 maintenance without a building permit. If he had said that, he would have been wrong. Mr. Segal said the question is whether the 3rd floor was occupied and used as a dwelling unit prior to the new Zoning Ordinance going into effect, and whether or not it is a legal nonconforming use. He stated that Mr. Hermes said that he first remodelled the 3rd floor into a living unit after he purchased the property in 1978. Ms. Morton asked Mr. Amey what makes a unit a living unit and was told that the kitchen establishes the family unit, Ms. Summers asked if there was a kitchen at the time of purchase on the 3rd floor and was told by Mr. Kurtz there was not. Mr. Segal reported that a dwelling unit, as defined in the Zoning Ordinance, is a building or portion of a buildinq designed for occupancy by a family for residential purposes and having cooking facilities. To constitute a legal nonconforming use it would have tu be a use that was in existence at the time the Zoning Ordinance was enacted and it would have to have been a lawful use at that time. There was discussion among the Board members regarding the Housing Code at the time the Zoning Ordinance went into effect. P1r. Peterson stated that by the testimony given by Merriam Park and the owners, it is evident that the basement was occupied the majority of the time, and through Mr. Kurtz's testimony, there was no bathroom or kitchen on the 3rd floor made a motion to approve the second recommendation of staff to allow the conversion of the structure to a 3-plex. Ms . Summers seconded the motion. The motion passed with a roll call vote of 7 to 0. The Board, under its authority, modified the Zoning Administrator's decision to allow a 3-plex. Submitted by: Approved by: , ,.- ,j _ - , � - ; � � - � � � 2 ��-,- �- /V Gy - ,� c/"`�-' C /�' / � . �r i��t � . �- -� � 9C LL'-r� r < Laurence J. Jung Gladys Morton, Chairman �ONING STAFF REPORT •,, l . APPLICANT: �OHN HERMES & MICHAEL KURTZ DATE OF HEARING Nov. 27, 1979 2. . . . . . . . . . . . . . . CLASSIFICATION . . . . . . . . . . . . . . . CURRENT PLANNING & ZONING COMMITTEE BOARD OF ZONING APPEALS Rezoning ❑ Variance � Special Condition Use ❑ Administrative Review Determination of Similar Use ❑ Other ❑ Change of Nonconforming Use ❑ Other ❑ 3. LOCATION: 1927_2g Carroll (Ns Carroll between Howell and Prior) 4. LEGAL DESCRIPTION: WZ Lot 11 , all of Lot 10, Block 15, Merriam Park West 5. PRESENT ZONING: RT_� ZONING CODE REFEREPdCE: 62.102 6. 5TAFF INVESTIGATION & REPORT: DATE Nov. 20, 1979 BY Laurence J. Jung , -------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- A. PURPOSE: Administrative Review appealing Zoning Administrator's decision to deny the application for legal nonconforming use status° to continue operation of a four-plex at 1927-29 Carroll . , B. FRONTAGE & AREA: Frontage on Carroll is 75 ft; with a depth of 150 ft. , the total area of the property is 11 ,250 sq. ft. C. SITE/AREA CONDITIONS: The site is occupied by a large, older residential structure with four complete housekeeping units in use. One uni� is on each of the 3 above ground floors and one is in the basement. No garage is present but there appears to be ample area in the rear off the alley for six vehicles to park. The site is approximately three feet above street grade and nearly le�rel on top°witi� a s1;igMt westward and rrorthward slope. � - Surrounding land uses include a wide variety of housing units and styles-=from single-family to units containing up to 6 apartments. A 5-plex abuts the site on the west and a 3-plex is on the east. Longfellow Elementary School and Merriam Park are located 2 block west across Prior Avenue. I-94 is 12 blocks north and Marshall Avenue i.s 2 blocks to the south. D. � APPEAL FOR ADMINISTRATIVE REVIEW: Section 64.205 authorizes the Board of Zoning Appeals to: "hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, or refusal made by . the Zoning Administrator and any other administrative official in carrying out or enforcing any provisions of this Ordinance or that there is an error in any fact or procedure in any order, requirement, permit, decision or refusal made by the Planning Commission in carrying out or inforcing any provisions of this Ordinance." This Administrative Review is to appeal the Zoning Administrator's decision to deny the appellant's application for legal nonconforming use s�atus and Certificate of Occupancy for a four-plex at 1927-29 Carroll (Exhibits A, B, C & D) . The denial was based on a letter received from a former owner of the property that the structure was deconverted to a duplex in 1964 (Exhibit E) . Mr. Hermes and Mr. Kurtz (partners) contend they bought the property in 1977 as a 4-unit structure although one unit was not in use at the time but had been previously. The appellant's are not sure which of the two alternative provisions under Section 62.102(a) may apply in this case. The two provisions pertaining to determination of legal nonconforming use are: "A use will be presumed legally nonconforming if it can be demonstrated by clear and convincing evidence that prior to the effective date of this ordinance, the use was established, converted, or enlarged pursuant to building permits issued by the City of Saint Paul; or, it can be demonstrated by clear and convincing evidence that the particular use had been in existence continuously for twenty years prior to the effective date of this ordinance; and, if it can be demonstrated by clear . and convincing evidence that the reconversion of the property to a conforming use wouid work an undue hardship on the property owner. The burden of proof shall be on the applicant for a permit or certificate of occupancy as the case may be." F. FTivDINGS OF FACT: 1 . The house was constructed prior to 1885. No building permit records were kept or permits issued that would show the number of units prior to this date. . . __ ._ ,. , ..�_ . _ . . ,,.�, � � ��. HERMES/KURTZ STAFF REPORT PAGE TWO 2. All four units are presently occupied. All appear to have complete bath and kitchen facilites ; positive dates for these improvements cannot be ascertained pursuant to building permit records . � 3. Earliest mention of the property from official city records comes from the County Assessor's office (Exhibits I & J) . This was in 1951 when the property was listed as being a 6 unit structure. 4. The Application for Legal Nonconforming Status (Exhibit A) shows that according to the city directory there were 5 units listed--one being vacant. This is part of the evidence submitted to support the claim of the appellants. (1956 city directory) . 5. A chronology of use of the property since 1956 is as follows: a) 1/1/57 property purchased by Ella Denucci as a 4-unit residence (1 in basement, - 1 on ground floor and 2 on 2nd floor) (Exhibit G) . This letter appears to contradict the earlier letter which was the basis for denial wherein Mrs. Denucci states the property was purchased with 3 total units (Exhibit E) . b) 1959 city directory lists 5 units at 1927-29 Carroll . c) 1963 changed to 3 units by owner (2nd floor converted to one) (Exhibit G) . d) 1974 basement unit became vacant; owner did not bother to rent it (Exhibit G) . e) 9/1/75 purchased by Kenneth Wells. He testified only to the fact that he lived in the basement apartment until he put it up for sale (Exhibit H) . f) 10/1/77 property up for sale by Dan Dolan Realtors , John Hermes, agent. Property listed as a duplex (Exhibit M) . g) 2/14/78 property withdrawn from MLS listing; purchased by Hermes (Exhibit N) . h) subsequent to purchase, owners remodeled and converted st�ucture to 4 unit again. This is the way it has remained since (Exhibit F). 6. It is obvious the structure. has been used for any number of housekeeping units over the years--from single family to up to 6 units. Applicant claims it is still being assessed as a 6-unit structure. 7. According to inspection survey notes of 6/27/79, the building is very weli maintained. All apartments are in good condition. Some minor housing code violations were notea dealing with the cellar and the basement unit. 8. Recentl,y submitted counter claims by the Merriam Park Neighborhood Housing Service, the Merriam Park Community Council and sevemi neighboring property owners indicate a strong desire to see that the property revert to a two-family residence in keeping with the RT-1 zoning district regulations. These assertions are shown in Exhibits K, L, M, N, 0 and P. 9. Applicants claim that to deconvert the property to a duplex would work a substantial economic hardship. If it can be ascertained that improvements were made after purchase such as adding kitchen and/or bathroom facilities, this may be viewed as having been done with knowledge that the property was not in compliance with the Zoning Ordinance. No permits for these improvements can be found. G. CONCLUSIONS AND STAFF RECOMMENDATIONS: There appears to be contradictory testimony from Mrs. Denucci s two letters as to the number of units that were in existence in 1957. However, based on the above evidence submitted, the lack of clear and convincing evidence that the various conversions were done without permit, that there is uncertainty what the property was used for on the effective date of the Ordinance and the fact that 4 units werE in continuous use for a period of twenty years prior to the effective date of the OrdinancE staff finds that the Zoning Administrator did not err in his decision to deny legal non- conforming status on the property. The appeal should be denied. A further staff recomr�endatior,, however, is that there appears reasonable doubt the use of the structure ever was converted to a duplex; hence, staff's opinion is that the premises may be converted to a 3-unit structure s:nce the effective date of the Ordinance would show that that was the number of units in operation. � . C1TY OF SAINT P L •� �1 f `� . �� ZONING BOARD�� ,�TiUP_ ��►e� � � "r '� ,, �.., . A-YARIANCE OF ZONIMG CODE CHAPTER , SECTION PARAGRAQH � IS REQUESTED IN CONFORMITY WITH THE POWERS VESTED IN THE ZONING BOARD � TO PERMIT THE ON PROPERTY � � DESCRIBED BELOW. i A. Applicant; NAME: �� '� � n �^ '' 'r '� � —f� ;�"� r r n � { _ � '.' . ' ��. �'� Y� ; � ,; � � - � ! � ir:.• . a . �� , ADDRESS ' `" � i . :�p —�l zZS ��'s�� r� _ �#�� , � Y� � x � 1. Property interest of appiieant: (owner, eontroct purchaser, etc.) ;=,�t t �'� �.,.- r � r' � �+''; � s . I � 1� 4° z� � �ft x { ! 2. Nam• of owner (if diFferent) .'? ,��.:�4_.. i� !J B. Properry Description; ADDRESS j -� ':� f�` ' " '? ` �` � � " � � i • � . �. ! 1. Legal dsscription: LOT"� � � t��!±�BLOCK � .� ADD.�� '".�� '',,�� : � � I� --�r-- _ � --��, � I 2. Lot si:e• I � � �� : . I �-_ � 3. Present Use �� - Prosent Zoning Dist• I � �• C. Reasons for Request: 1. Proposed use - � y �-� ;,'. �- ,� � t � 2. What characteristics of the property prevent its being used for any of the permitted �i uses in your zone? I t { i � 3. How do the above site conditions prevent any reesonable use of your property under i the terms ofthe Zoning Ordinonce? l � � ` 4. $tate the specific variation requested, giving distonces where appropriate. � i ' S 5. Explain how your case conforms to eaeh of the followi�g: 1 a. That the strict application of the provisions of the Zoning Ordinance would result ( �� Pe --"-nal oractical diffic�lties �� eYC �*i ..al undue hardships. ,' Z�� e� �y� � � �.�� _ t�x�'� �� ,.�� k' ' �� a� ��4� ;;�� i b. That the gra ting of avori nce 'CASHIERS USE ONLY F� �+; will not be a substontial detri- M1�� ment to the public good or a „(1f } �r� i� substa�tial impoirment oF the • �f �- ; �k.f� ,� intent and purpose of the r.J"" �} � ,,; ; Zoning Ordinance. �6 r .� V � . �.� �' � � � � � ; ; � / � .��. F �f �^ ►a. : ., .� 1 „ � ` Signature .�'j �/ �j �'''j�r—'� 1 � �. fC� CJ `-J .�!�w.w v v �/ f �' � Cose Number Date Received + , �C� � + APPLICATI��:J ::!}. LECAL TvONCUIv��'(;Rt�',::;!� S'_�ATtJS . •„ :';+::y"i'tii7L i�ISLATIV�.�ODE, �:�� .� 02�: For pur�:<.ses i f thls section, a use �w�i11',�e presumed �;a.11y nonconforir.ir.�; _�.f it ;.arl �e demonstraLEd by c:� =ar and convincing evidencF that prior r�� the �.f'fective c:ate of this �:r:iinarice (12-1?-i i), ;he �se was established, corlverted, or el�larger.i purseiant t� building ;:f:rmits issucd b,y t,he (;ity of Saint Paul; or if it can be c�r::onst7��ted by cla��r �nd cor;vi��cing evidence th3 , the �ar�icular use had been in exister.ce ��:�ntinuc�u�ly for �l.enty years �:�ior to the effE,�;:,ve date �f this Ordinance; and if it can bt dern�tis';rated bL clear a-�d �:�ivincir,� evider.r:: that the reconversion of the property to a �u;�formi.r� use y ould work an . �due har�hip c:� ��he pz�operty owner. The burden of proof sl�`,J,11 b�� on t'_a�� a.pplicant for �3_permit or certif: c ate of occupar��y as the ca�e m�}r be. FILL OU^ CCk�;=1l:TELY . ADDI�.'�S OF f:i��Pht�PY t�. °��'_�°I C.. 0. r tP +_ ` \ :�°�.SF�i� ?;.. ., JF PROPERTY '��.�,� ,�--o.. � ^- PdQ. UNITS�_Ll Na►� or � .r�r"' �-�_� ��_�_..:.� �..v r'� Z- pxor� nro.�; 5-�i t� 1 � NlAILT'.;, a.�:�I)RFSS__�'�__�' '.�► ��.,,!,� � � i! S � A .r � '� �1 � ._ ._ -- . I,L Ot)T A�� :'t, H. ''�:IRM THAT THE. P�SEIVrI� UCr Jl� 7,'HZS PROPEr'�I'Y ,1;' :��TATID A&7VE WAS FSTABI�ISHLD PURS'JAAfP i� i..JIIDING PEF�ITS I.SSUED E 1 `1'HE CITY OF S"I'. .'1 L:� . • � �t��iZ�i . ' _ _ � . __ ._. I NA J�O�OWNER ' � r )�:Airll G EV7D�VCE IS PRE51 T_".'ID •'I� SUPPOR7.' '!`i:"` ,;,AIhI: ' . . � -+ ��7 .�t�1S t"...h.R��"�`� ��{.t��. ��`�. 1��C-, � ��-Q s.-)('1�G d�►.l�,. �t�_ L�..�.0 Ltn �l��!�,! � -L � "" 1 t � �� a� s , I s � n �h„� ,��,�;^ .�C) c�j S'�!,,L, ,�,, � �!/.�� ,��J�/' �---�` : �� , . i AF'i IRPd 1 t-iAT 't� PRrSEN`I' US�: t:'F' THIS PFtO�'F�t['' :;+S S^1 A ABOVE HAS Bk�'1 �::N IS'PF�10E / ::��l�fl'�NUOJSLY SINCE PRIOR TO : �]':'crT'�.'R 13. 1�5 ; • '� �� . . . . . . . 'ln��Y�i�►r1�ia�tiT��'3...�.w . � S GNA 0>r!��R ';' ::; F()11[AWIi'JG EVIDENCE ZS PRE^::tl ED � �'UPPORT '�^f :S CLAI:M: � -- ^ 1 i r'___`/✓� ,1,I �� ( `••�� O ��'/� / .�C.J %� �.��- �- , , .�- ,��', -fi � Pl�,_; _ ` ' .;'_ l ` , � . � . , � - -- I �� .� �' z� � - - ---- - - , -- - FILI, ' ____----_�._.__._...__._______.,.� C'�Il'I C _�1 i:;":�Y_�._. : A:'"r'IR.'� TEiAT RECGNVf��SION 0: T`;IS PROPF�.R`i^i 'I'C) ! ' ;VFOR�'IING USE WOULD WORK AN iP.JDUE i i�.RDSI I:I P ON MYSEL�r. � � / `:�� / `'�- t� ��.�,t S GNAZURE OF 0 r. i ,- �.�,.,- . �...�:;`.', ��;,4IM• . ".� FOLLOialII`G EVIllENCE �S Fr2�_ �,: I'ED TO SUPPOR^ . ( � � ,t -� V, �'� 1 ' � �. 1 � .\�!�. �ti-� �, a ea� _ :', 5� O � e �' �^'� ::�.__vt r �. � a a.� . � �_7S2_1'z'L a� �. � �1 r' �'Y1 '� ►-_., i i. ��l"--��"`'?�1_r..1:_(. A � �� a.- e< ( V�� n '�S�tt. � r-�--�-'�—� � L�.f.LL�_:s ..� S .�..�.��_�'. �,.Y.Ai��'M+dl �� r `-� Y 7. � A � !� � =—�'_ �':'1'�,C�1�l�CUP• S OR A�'F'IDAVI��`.; T� SUPPORT CL�IMS. ` -�- ' ' � ,,� .F.�C�i/�b.�i� j 4�� ! �� JUKYt.i ' � , ZONING CHECK C OF 0 ' • H� _..._�. �} �j � �,[ –.__� . Ail.�RESS_ I /� �� / C�-(/vi� SN CT ---� 1'ARCEL CODE_ /� –'" -S D 7� ^ / L7� —1 S" NO,. OP UiiITS ��a� BUILDING CARD INFORMATION: �OrdSTRUCTION DATE PERMIT TYPE OF STRUCTURE NUMBER �F STORIES WIDTH LENGTH��HEIGHT - PERMITS: BUI_ LDING PLUMBING • ELECTRICAL y ��1� C� �� . � � �� s2� Z�� CROSS STREETS ' 9'L�(�� C-c-v C � LOT SIZE � /�b ' �. D�/ r5 ZON� USE UNITS UNITS DENBITY C/NC PERMITTED IN USE � ��) 1922 X � X �. �C �,�� i ;� ,..,, i96o X 59s� '� ��Y� . 1� �'-:�. �� G � - � 1964 � . , ' • . : . . - 39�t� �� _ � � � . Roo,,,s: UNITS : ROOMS : SETBACK: . PLANNING: ��'C� /�'`� '_�,: �`� �,. ,,C:,��i�� ,�l_� � ZON2NG STATUS � ' " C' ��, • " `�'�-��Z' �: .,,��G./'!-(` �, l �.y��1 . -�G LZ-' C,�lr��+-KI ' / � � "f''1 �0�./D �?-�Qf _ LEGAL - CONFORN� NG �� • LEGAL – CONFORMING USE WITH NON–CONFORMING STRUCTURE LEGAL – NON–CONFORMING USE AND STR �/�/� B UCTURE �X L� _ ILLEGAL`• MUST BE REDUCED TO � ' �` July I8 , 1979 John Hemes and Mike Kurtz � 12E33 Wellesley St. P�ul, Mn 55105 Dear Sirs: ' Tn our July 10, 1979 letter to you re�ard�ang a Certificate of Occupancy for 1927-9 Carroll, we inadvertanfily failed ta address the issue of zoning. 1'his building appears to have been converted to a four-plex illegally. It is in an area that has been zoned for sa.ngle �a:aily dwellings and duplexes only singe August 22 , 1922. You will be able �o continue usin� the structure as a four unit building if you can accomplish one �bf the following: a. ) prove that the building has been used as a four� plex on August 22 , 1922. b. b. ) Apply for ar�obtain a re-zoning of ti�e prra��±y by fihe 8ity Council as well as apply for an;ob��in needed variance from the Zoning Board of Ap�ea3s for 1ot si�e side�ard, and parking requirements . c. ) App1y for am�obtain a legal non-conforrning status pursuant to St. Paul L�gisl�.tive Cods Secti:}n 62. 102 (a) (Application er.closed) . To be elr�ible for this type of relief ycu must prove hardship as well as prove that the use of structure as a four-plex has been con�inuous since December 13 , 1956 or was established pursuant to a building permit. If you are unable to exercise any of this above options, the �uilding must be redueed to a duplex by January 10 , 1980 . I If you have any further questions, contact Alice r3ijjani at 298-4215 . Yours truly, . �X�� Frank A. Staffenson S�s�ervisor of Housing Inspection FAS/�$/trn � � �1iY �� ,.� ��; CITY OF SAiNT PAUL n'��,� �` DEPARTMENT OF COMMUNITY SERVICES :�.:.�...: � r,::_�:5 b . � `3� " ^c DIVISlON OF HOUSING AND BUILDING CODE ENFORCEMENT �� City Hail,Saint Paui,Minnesota 55102 George Latimer 6L'-298-4212 Mayor � r'�U�;Utit IQ � 1 J�� .John Ilcrmes htichlel Kurtz l:E : 19?7-�� (:;ir�•oll 1283 �vellesley St . Paul , Mir�nesot.i 551O5 [)ear Si r� : Your• application for lc��.� l non-cc>liiormiri�; �tat�_iti h�� been den i ed ha tied on te�t i ii��ny �tic� re�c�i vecl f rum ;i former owner , that th i s �t ru�ti�i�c w�is cl�:��)►ivci•tccl tc� a c]u�� lex in 19b4 . Y'ou l�c�vr :� ri�ht tc� al��c�.� l thi � dcr i , i��i� to thc 13c�;� rc] �� f �c�n i n�; :1,�j;r;i 1 ti . �ti�•I� :iE�E�r;� 1 � must hc lilc�l within tl� i �•t�� ( .;(►) cla�•s �> f� t�hc cl:itc� �� f� � this lcttcr ancl must hc 1- ilc�i �� it}i th�� nin� :1ci�uiri- istratc�i' , Glenn l:i- i �k��n , Ituom 4t� 5 , Cou►•t Itoti<c� , c�t- �. it}� thc� Zonin� llivisiun , llth (�lc�c�r, (: it�� Ii;il t .�t�ncx . 1'c�urj�truly , _. �/ , I ` � . �, I� <�k A. S �iff s�n . S visor uf lou� in� In�j�c��tion . � Sam Rluc Superv i sor o t tlouti i n�; f; f;u i 1 �l i nt; Cocic � • � 1�;15 : 513 :ds � �Hrb+ t cc : Donna McNealy , Zonin�; Ilivi � ion l. lth l�loor , Cit}' llall r�1lilC'x �( �,,,o � U �..r"�� t`-' . � ,,�,ri � 9��.� r�� . � ,�g�� . 4V`1yy� l- .��..�'��~ . ,� k`,:�'��.a ry � �. 'i �� - - " � . , -�� i _._ � �• � " - ��v�'--� C�-��(� :� . �- , - .,.. ,.- . „s�. ,�. _ , , ' �, � , .. ... . . �.��..C'�' ' -� :,.''-' �� f�� ., ' � i "`� �a�o�� o�, � o JAN !- a �.'_�____� . �.�4 " �-,C""`' 5 �� a 3 . , , � PM� ''� „�� _ t~I`:c . . � V •�...,.« ..� � . C_ � i . � . � lyr .�a..� � � , , � 5 . ' ;,f '. ' _ . ' � � �. , . i�./� � d'��' ��"'�-�-� n . � �_" - , � � � �9�� z��--� � -- �: . � � ; � ;� ,� . � : � . �'-�� . ��c�.,�—�'`��... �ti,�,�.� �r � , , � .,- v �_� � `` _ _ : � . ' ,. � �4'.. ♦ .. .-• . ,., � � .. . . i.- ..2. -� . ; _..-.. ,\ . � , , , _ �` � � ` � � �� ' � �� ., � � �. � �� a � , s ,. . � ; `� � �� . � . � . � � � � � � < < _ � � � � � � � � � . ��- ` � _ � , � v ,; c. � : � � - � :�: � c � c.,�� • ` . C , �j �-' n \ � .•e J � c � , � �� ; -�_ � � �� c., � , � . � � 1� C�. C' � ; - � . � .� -� � � ; , � � � . � � � � , � �, `�� ; � � � � . � � � � � � ; '� �� -� �� . �. . � , , 'c� h � ��\°�: � ; � � � � k �=. � � , � �S � 0 - \, ; � . _ --- .----_.� ._____.__. ___.._.V.�____. ._� �. . - _._._. .�....___.__ _ _._._____ ----- --___ _---- _ .._ � � / , � � � ' � ' `?%j��i""� � , . , � ' , .,� � �:�'' ��',i�,�G^,�;' ,.-C,��/1'f"-�,'� �' /'�,��"� �� , ��.clz._ �•� �' ..��% ..�-y' /'I"✓`� • , (/� ,;� ��/,,,Y,�,.-�e�� ;�� . /�_.�c/�,,� � , �''�L ti �j ,�� ' ' _ �>v �, F��.� �r�=��-�' r`�/ �v� ' ,,-� � , _ .. .., _ .<-�_ 1_.- l,' ,. ,�? ()ctober 4, 1979 ..� . ;.arr� ��.n;� "l.oni.i� Section City Hall ::�nna:c 2.5 t�. 4th St. 551;)2 . Dear `(r. Jung, Please find encZosed informatioa and facts ttiat eae teel truly substantiate our claim tilat we st�ould be all.o�ed to continue to use our property as a f.our unit ouildi:zb. We have submitted d�i.a�rans c�L no�a our buildzno is situated on rh? property and also the dimEnsions ut aac� unit so you can visualiz� l�o�a cae nave tiiis buildin;; set up. You will. also Eind letters fro;�: two previous o�,rners c:�verin�z a ;eri.od of 22 ;ears explain:ing to ��ou ho;� tile bt�iLclin� wus �..�c;�;l. �rrs. i?�nucci 1^L1CF?tP.S lt F1;3S four L1i11tS IJI12ri :�ili? �011j�lt lt dri1 1,1 1�63� ."iriCi �J?C<iUSc? Oi �12; UW?"1 desire, �jl1St wantea t0 LeP.� �!:TE:° 1iI11CS. T[ SC��!�-CCI t1115 �•7F1�J i4;'�t1�. �,'E.-' ��1rC.1<3�;eC� rj12 �iO�ELCV r']i1C� �v1Ct1 SUi^c? T�tT10(�i?2�;1�� W2 rE'.RCE_?:1 .rO112" �lill.l:3� �vi11Cl: 1S t:l� '.'�:2`/ 1C W35 U7'1S•1Ci:.�i}' iE't^.tE'�. 'il��rl �.i_tri.T� S:101ti' 70S1L i.`•�E'.l�" ti13t 1C C33S L'OALlil'1�'.�_\' U3'L-';i �1S ~i1CZE.'. Ci.^.itS �"?P';j COU�.0 lt:i':'2 J22.^. 11Sr_C; 3S !'OL1C L'il?tS. sY�.' ilr`_LV2 3i:i0 ::IJT.�lLi.�.Ci :)1C�llLt?5i Oi ;�OIQ lIllle: JllL.L:ii;1,� cliltl Ci!!;:iI.N'{2�. :�� ':17i1 C:�iit SC'.t?� ti?n "'.l;_ =t�7-'R��. 1t1. J<?�UC �.. ,:?'�i)ll� $.35y�(l�, '1!� o;._ 3 _.'_��. VpL•,- St C;7 l.�.i I tfl�i!' J_I ':'d IIP.?"' TU CCOC' t0 i:Oi1V:'.Yf� � ��3 �7*!'11C�1CL�, ��O "? c111:)i_'3:C i.,-r' �C<!;^.C: C'"� Ll1SP_ ;3l�'�i) ) ��i.l� 3t 1C'::?Sr "tJi:2: Sic'_ :i�! .i=E'11 L�i:_' .`li'_�:. 1P� ,._ 3.l:il) �1:. �..1 i . Cl:,it' "23r'� CU��E°.C�.i;l� SJ_);_ .i1,) ,1 i:t0.1� i: _ .'.itt _ CO;ii C�IE: tWC? ' llill�� "t11 �:1c:Si=_.O'.�. :vlt:1011!' tiliS ].::L'G�:::t' CJ2 �311�. @n):':"ld,.^,CL. 3 �Z(3?"d`'Si.l:_�) :1�: ht�aD��ll. ' ti�i`i �) l� :.iiLTl:` V�i)A,�:: ��- �l' � " r n n r . , . o o tl:.�� JY�.f)+_Y'!�'� t::if�.C:1:1L1�' tllt III� t:i li>�14� ;. 'ilj-�T' .o*:1C�is. �.t7.S JU11;] :l;:j it3°�... ].S 'i� o•-C°� �L.^.�. =U.^,:�7..~.i<)I: Z3:.:1 tJ2 tlA'J:' 9��n: .. il:...° �. iI� Oi �1iQ:1?_�% 1:�,-^_�L':7�1.'1":�! i.[iF? Jll11C11:1� c1Il'�. Oi.IL" Li'Tt;l..1�S �l?'� V2C'�' c;01^C:..'i:1?(a t�1;1t tCl2'y' 4./OU��? i?? iQC(:LC: itO l.i'_dVt�. ivf_'. 51.,^.Ci:L'C'l� :1piJi? ;'l�lt L.ii� ;1Ve °_Vt��;' COn;ilii��Y�1[lc:Cl C.O ?f.,-'i:'.:?.trLil�; IIS t0 C�I1 C l.l 11� i.:7 �15:'_ r 11 13 ��, ' ` Y, ` blli.�.ti.....�., SS _Uil_ UTl1i.S. , .._ � �� . . . 5inc�>:eI.;� yo;lrs, .� _—,�_.__ _ ��_ ��.�..� "„ � �� n,�� John �e_,.�� _ii.cr:.;t�t .�:i_irt� . � �X�t��f' �; . . , . � , / w� � � `�� o � �-r�Y �� q �l ^ , , ; , • --� � � � �-�-"�--��--�-� � �-i.o tr, ��. � `�. � — �9 ��..E..a�-�-� � . F�� /�'� 7 /� �3�,; �� j �.. � �, ` r�� '�r� , .� / � 7� � �c�', .� , l T 7 7 z �`�`�'� � �, r �� `� . � `J :'�.��F �j � , ( , � �`� �,�%�� 'k�.,-�-�-•� `.�-� w . ,� �-�P �-�- � � � � . -� �� G--�=-P nw � � � /I _. (Y'� �/� ` � jI � � '��4, / / c 1 /1 (,�r-.D.�..R� � 'f`�1 // �..�. l�-v-�f /� � * _�r� e �6'� --¢--s"-.t�..-�.�..� 1• `-�'�*� L9--�-c.�,+-Sl� � _ . �� ,� � � (} � �� P � ��/� ; /� �.�-�' �`—t—�- � � //( / � ` � 4 C` r''I:�Y"F c �� " " . / � � � ylJ't'�-C`-2�r-�� ' r �t-Z- "`" _\ � .= . � ��'`._4..� , t� "�-!�� c-._0 . � c-� t r 2`-C'-� �-/J �*�t--t��'/ � � � f.1.4 �-Y v9 � � � ��"�i4 /�� f � � ��--4 �u�— l •C� cti�� ,.� � � k' � ` y�,��'—''-- � Q�,��,,.Q. `'�-- ,. °-----'" �-�-° � � - n �� .�� - �- 1 �.� � � , ,� ' �� --_... �� -cJ� t� , .� , � � � , . .� . , �sao �� . . , �.-.�� '-z.� , ....,__... ... . . .... . . ......._.. . . .. . ...... ... . . .._ . Y�:,� D/T n� � < !"�----�'� � -�...-�.. , � �/� �- ,},� �h� � � _ _ � _.: . � �� j� {s t� ,. ��`ta:� ^(q i�� . ` ��r� - ; � � ' , . - -�� DEPARTMENT OF PROPERTY TAXATION COUNTY OF RAMSEY 126-138 Court House St. Paul, Minnesota 55102 LOU McKENNA DIVISlON MANAGERS: Oirector Robert J. Ellis ROGER VIK Property Valuotion Assistant Director William M. Killeen — . Revenue C. Thomas Osthoff Land Records „'C:'�":7'�@ i i7 z`�7? � —i a'�3_". _ = ��n'.��- f��i�; . ,L. ^..;',. .* �i llu_I � ��..i'� `,.� � ��.c.-.._ �?11"1PY � . ��. �r'_iy� �'ti r;c�r.CL$ ��lv? _�:±@'_':�iC::: L2I^I`;v 1i1�1� �,�=r ��r: Re: I��rria;� Par� aIl of Io� 10, by:, 13 �°Y Tr? �i2 cf lot lI 11-5�7�%n_�00-i5 1�:i-29 ;:�:�rol� �..� r.o...�.J�VP tQ V/1'�,,_ ^O 11.?c�t I � :r� �� i i �� >>� r�i` �,-�� f �#-' � r �y} . ��! - . - :; ha c, r v__e.rz a o . - - . . o_• 1:, � «�„ y Ieo�l�t ^^�C."-�:,C.. `t},:;•-,� _ �_ .,..� a`-'ti.^: . .. . .. �?�'? Qi :7': .i� .��,� .._.. �y_��' 1T:CilC��u!? �:.rl;:� .�:@ pr:��@i+i,y� .;i" _" "Ci'°� . ��:1 ^ g�, �.l?.-�?:T?��' ?'J .�:.;',''.C.- . - _ . �O� �.V. �� . . . . . . � - r,� i.....hnt. ;�. l.:�r� 1<'- ,�� r�i o� `�- �-e .n, 1 r' _, ��,� ..�� ..jJ,.. � :^C QC';U• O' �i. �:..�i.�..:1� �..::1:..�.. .. .i.. _--'�i . 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'`?'^l�J'� ...�_� ��O t• �a �.. � , ..__ -' j �„� � �, ' r W ,�.,... _ ,.;, ; p( � }� ".� -_-, < _ , s �' ... ' � � ,.F ��,,,.�...�--- �' . . _ — " .m,..�— ,.-., r._• _._.. � -'�l... �..�.�.. .` i,.�::�s�� r,� :, r,�.,�a %'.,� ;,�' �� r, _.1._. . . �.LL rv� M+ � � •�.�...L.L.�i-. • � � � � �,lbtt � � �:�;, ' ,, ---- ---. ---- -—--• ---- --- "'V � � s�No.��%- , �'•�Q Exam'�by � � � n � 19 ' BU1 NG CONST ION OOF HEPAI�i inytle Dwlg. came � Shi le � ' i ihi�ivx " Brick : sbestos .� r � s• TouMe " Tile AsD�ialt Awr - > Flat E31d� ` Concrete Blks. • � Bad � An1• Re.{�,Con� Slate �� { Rank MTSCELLANEOUS � Ram Steel Frame Tite Church Stone Iron Beam Ceilin� C1ub Gravel gook Cases � F.levatoc Fiat . Sideboard � Factory EXTERIOR �e�s Kifchen Cabinet ' • ` Garaae Retrigerator yN�tei�Uon id �N nble Elev�torHand Office ��b Power 5chool 8 k Com. M ��.,� Skyli�ht Presaed St re �ao � HEATING Spdnkler Thestre plrCondiNoner p�A, Warehouse /ybestos As�ywjt Cen ta. �'!� FOUtiDAT10N eDlaees . fj/� � Stone Fumace Brick Conuete Blks. al� ��0 Concrete 1� Pape�t ;' ater �� '1 Bumu /�/ p �• �� .: _ .. Steam : . - one ove � � � ^/�._, BASEM' 'T PLUDlBING SF CE �� 5 . 1C an lechic �� ull Water Hatf ewer . - �O�°� r � • ' / ment CessD�� • �kioII ' i ��it� � i.aundry ' Outside Cla _ T2ecreationRm. � l�T�p�Nf. Plastered � STORIES B 1 2 3 4 5 6 7 8 9 � Q Livin�itm. / b�,�emodeled_� Bed •• Construct � Sun " ' Bath Moved on Lot ReD� : 7'oilet , OccuDied bY Owner�� Halis /�� Office Rents• �:�'� r � � T Store '7/' OC-✓G/7.k.V• LJQ p—+� Birch Fin. � /-��. !� p0 1 Fir " � Oak .. �07_ �� . �0 �� I Oil Pint•• ' Paiat ✓ I IVJ� �'o2Q�M J�,�j Q O Enamel /—//�/�� '� Hdw.Floor �- ��/!� .�v �v Pine ' _ _ � ` Con�.�� OW[i S�/J�f-"r,;✓ � ,.��0 p '� lr"S �� ..,_ Floor in Gar. Canc. Jirt Ptank ��/f ��,s r`'. oN � 1� / C.� !f �C. 0 �� b /'� a.�'..a��.� � �._.�'' `'` � � � � ,. �� A� ,:� / . D�' x / D f ,%'��'^ �r, , • Pur.Price �,c �. �' N6 /� NG �7 - <g %� 3� C�ass % �r os ,,yi ,. ,C,. 4//�'/�l �P �• ,��.,�. O � � , � //' " //,e/�G �3 G./N Unit Prlce -;> �E, f1 .0 O �( n i � DeDr. �� "� n9 j � _ , - z �, , �Y CO T iNti �• Net U.P. f' � . O � S � JL�•f Value °j � . t � z fJp ��O �� ' �, �"��. a ; �. ► — ; , _ ►� � �. ,- - � - , . , % , � � Pa� g c , � � . �. - - �X t�/f' � . � �,�� -- �t ,,.�.: ^� �. � F',�"/-�-�a-�-=� ,��`.,-h�-,*� ��-ti�!- �-� �.'� � �� '',.�'�� \ ' �� . - � 'F`:(� I r' �i �� G�il .��F'„+ � -� J � ;�,�`C•�j \��✓V'��'O � \� ;��,.,.. _ � '�� `' ��,, . ��:��u �J� �� 6iz-64s-916a ��J�� 9�. November 20, 1979 1589 Selby Ave., St. Paul, �1n. �5104 Larry Jung, City Planner • 421 Wabasha St. St. Paul, MN 55102 Dear Larry Jung: The Merriam Park Neighborhood Housing Services is a private, non- profit corporation which assists Merriam Park residents in home im- provements and maintenance in an effort to make their neighborhood a _ better place to live. We get involved in various housing problems in the area, and work to support the sentiments of the residents concerned about their neighborhood. We have been working with neighbors near 1927-29 Carroll Avenue regard- ing the public hearing set for November 27 to review a denial of a legal non-conforming use status for the property. The sentiments of the neighbors, the Merriam Park Community Council, and the Merriam Park Neighborhood Housing Services are that the denial should be upheld. Enclosed are documents that should be considered by the planning staff before it makes its recommendation_ They includea letter from a couple who were potential buyers of the property in 1977, an M.L.S. listing showing it advertised as a duplex in 1977-78, a letter from the Merriam Park Neighborhood Housing Services Board of Directors,and a resolution - ' from the Merriam Park Community Council. Also enclosed is a -rough draft outlining the arguments of the concerned neighbors. Residents around 1927-29 Carroll are now circulating a petition to show support of their position. A group of residents plan to be at the public hearing to present the petition and to give their arguments against giving that structure a legal non-conforming use status. If you have any questions regarding any of the enclosed documents please call me at 645-9164, or Linda Zachow, Merriam Park Neighborhood Housing Services resident board member - 647-1994. . Sincerely, �� _:_._.._.. _.�� , .�y. _....... - �/ . / �._._._._..�,� __..�_.__�. �('�/1 �L'/�->>L�CI � - _: p �'�� .,� . , , Beth Schmidt _ ._.:_.,_ ._._. __; _ .. . . Community Outreach Worker Encl. ��'i�i I f � cc: Ken Ford, Chief City Planner Thomas FitzGibbon , Jr. , Planning Commission Chairman t ].'�';L '.�.?-,..c_,�� r,1�:�:�u° c � , c .� �t. ;1,� .__!1_� i��.i`. _ .�-'., . ?:ove�,�:,�� Z - 1 o?c -+ - - . .��..v'7,', J i_1n� r;�+�; Plar?�.eY• �t. Fat�.l� P`: I;ear r':r. �Turl�; iSP. ?+�',i?,1��: a17 OL�2Y: �OU:° ?� _L?<�% — l�� ;8?"'"Ol� t�.VPTll:c3 ip i�nvem�,er, 1�.^7• :�± �'.�'?r3,� f i^�°� Wc W�rn j-,0�.^. "�!"!?L 7:!":P �lZ'G:D�I"t V W,=I E rFi r v p=*f?Y`@C''. ��c� :=a1^ a:-. a r'.i;yalex� but t.;,�,.�` - :°r� �,;�.s -..� �ll��a7_ (��t. i�;, =.o code� 2` _� �_�.�'.^." �-p -:r?C' .. ..��T?!c;l't� �,r.G -'��>O^ �`nr' __ �',i`l"'.rr; �'IOp.Y.' P.`�1 _._Cr^,`,' 1n �r,. '.t.1 - r�;? .::1,._ :�V+, :�1:'.il.:ti � �� ,__?';:�' _+ :� .`C'', `1 C?l:r pep,_S� _ . _ �• _ , ._r1,� ... '� r / .7 ,-t_- f c._�� , -�,� .. -;-r . _�. -�" � - ; �� , � �, i;��.i� �� C�J� i..;'i��i✓'. J � __ . 5�� . g ��ii�,�`' �- �'` #1555 $52,000 DUPLEX TERMS:SUBMiT D748 �� `�� i . ��.�y�. �� . . � � �� 6,: � PT � . III _ � aW . �� G' �. I +f4 y � � I ��+�ay�_+Hi.., Addr i929 UeNOU CIt Si PAUI Ma 35'2A L 77 12213 � ;�` Dist Extena Yr.Blt HeaUType Styk IL Duplez .—� � 71A YINYL 'I885 GIS HM WWLE7f Rent ' Lot Size PourWation Size I Base Tax 7ax incl.ASt[; HS 75 ll 150 C1ll OFFICE 513.62 ❑ NH . . C D t�t Floor 2nd Floor X: B�' Gl;�� M�g.Bal. M k u.9X�2.9 LR �5X14.9 P.ec.�� 20.600 z x i3.3zit.6 DR r 2?0_!'0 aoOAm MoPay P81 M,12.11X10.W .KT.t4Xtt.3 ... ChSh.r._ D!so x x'i3.ixa.5 �t�F _r8o-.HCOd_Fan Int TYPe . . JI'%'12.SX11.8 �8.°. 17.5%�0.9 � Au;CCnd. 8X C!D , � '6R� �(.C.'�Y!;. 1L C.Swr._j EIem.Schl ppT�.W?li _.SBOfiC 'L�NGFEILOM ��Flll �6!`�Ftr�� ._Frc^cs Lcck 6ca: Jr.H. � � I F;,:NOhE :a'Sz.NONE !R1wSEY - �OEN�8.3A8.3 I�e'.SC"� ST. M1PK5 Sr.H, Len31'RmkS MERR2IM PK M V2 OF lT�1 IND ILL OP lT 1D!CENTRAL . � . 8lK 75. NE11LY PEAIODELEO LOMER UN[T.NEM XI�I1iG 6 NEMER ROOF.MIIN- - � . . . � � � TENINCE FPEE E%T.EMCELLENT PENTA�IPE1.3 STOVES d REFHIG-INCL. NQ�_ � - � SHOMjNGS IN UFPER UNIT APiEH 5 PN MEEKDlYS. � Ccr•m 7 °;SB 35 `��ILister�Ow�HER+iES �Pn.690-i7�7 . . Brkr.D1N OOIIN GOH �$78 ��P't.690-'V71'PO55.Dd!e iBA � � � - From January, 1978 issue of Multiple Listing Service book. Listing & selling realtor was Dan Dolan, for whom Hermes worked at the time. _ _ ..m_� � .. ...�G'�� f � " " '' ��. :�" � 1--�--""�."".,..�.-,..� ....� � �' ; A `� � � ��,_....z __..s� . � ,EXkib tf t , � ' ..._.4 BEOROOMS..... � .....COOPER�TIVE ANO LISTING BROKER S�LES..... ' �. • LIST SA�E �EAR CLTY F AMUSE l[ST !;ALE MRKT LAST OT ADDRESS, VRItE PRICE BUIIT l0T 5I2E BATH GAR M 5 P FAM OESCRIPTICN BRKR tlRKR OATE TLME ISS. PICt Pt j 1663 CGRROIL AVEHUE• 3L�900 31r900 �LO 53.7X76X75 1 x X lB.....fHA 9S 95 O1/19/7B 11 4 8205 9 i 1601 HA6UE ti6�500 44,200 1912 39 X 119.16 1 1.5 X X x X GO-OP..INSM 9 5 Ol/05/7B 66 3 1671 9 . t9l0 ASHLANO 48�500 47�000 1907 t50 X 40 2 2 X X x co-ov..CONY 9 86 03/13/70 2G3 13 lT53 9 1869 IAUREI AVE 55�000 53.500 OLOR 50 X 150 1 3 X X X LB.....COhV LB6 186 Ol/27/Ta 17 7 1754 9 , 1132 DAYTON 22�900 PENDiNG l895 i0 x 119.16 2 X X % X CO-OP.. 137 03/30/78 137 15 2062 1514 LAUREL 31�900 PENOfNG 1912 42 X 100 1 1 X % X CO-OP.. 67ti 03/21/78 30 L3 1979 ? 1139 OAYTON 38�500 VENDIhG 1906 40 % L5T�75 1 X X X X GO-OD.. 197 02/23/T8 91 9 1852 _ I810 HUBBARD 45�000 PENDIN6 1916 4b.5 X 180 1 X X GO-OV.. 47 03/22/78 6 13 1980 ' 1808 DAYTON AVE 45r500 PENOING OIOR 40 X 119.L6 2 1.0 X X X CO-OP.. 3♦ 03/22/7-j 13 13 1981 f 1736 ASMLAND �9�000 PENJINS 1910 40 % 150 L�'S 1 X X GO-OP.. 721 02/14/78 18 7 1769 ' 2159 CARROII AVE 71�900 PENDING 1911 50 % ly0 1 X X X Ga-OP.. 25 02/15/T8 13 j� 1771 l i .....EXP1REDrM1THOkAMNrANO FALI TNPOU6M....� � LIST SALE YEA� C[TY F AMUSE LIST SALE MRKT LAST OT _ � AOURESS VRIGE PRICE BUILT l0T StZE BATH GAR M 5 P FAM DESGRIPTIGN BRKR BRKN DATE 7IMf ISS. PIC/ VI 792 CURfEM 25�000 CLC 151.03 X 50 1 1.O X X EXViAEO - 37 O�f21/79 ' 6Q 11 2153 � 938 NAGUE 25�900 OLDR 50 X LOT 1 X X EXYIREO 93 07/15/77 - 79 27 2025 � 1i33 SELBY AVE 29�500 1908 40 X 109.16 1 2 X X EXPIRfO 78 `06/41l77 -`130- 21 2191 1133 SfLBV 29�500 1908 ti0 X 109.16 t 1 X X EXVIREO 30 11/l�/7� 93 45 1Bti8 � 1648 ASMIAND 33�900 1909 40 x 150 1 % X EXPIRFD 30 06/28/77 93 2S 2132 � 1648 �SMLANO AVE j3�900 1909 40 X 150 1 X X EXPIRcO 25 03/O1/7T 141 9 20BC 1260 MARSHAII 33�900 1909 50 X 124.37 1.25 X X X X EXPIRED T00 06/25/77 93 2S 2131 � 1305 SELBY 34r900 1912 ti0 X 109�16 1 3 X X EXYIRED 121 05/30/77 82 21 2197 2094 TEHPIE CT 35�000 OLOR 50 X 135 1.0 X X EXPiR�O 160 Ol/10/77 153 1 1553 1748 I6LEHART 38�900 L915 40 X 139 1 1.0 X % EXY[REO 111 Ol/O1/TT 103 1 �iSS � 2008 lGIENANT 39r500 1888 SO X 1�1.5 1.5 1 Exvta�o 17 08/OB/77 14b 31 L923 1753 IGIEHART 57�900 1914 45 % M 140.8 x X EXVIR€0 13T LO/08/77 64 39 1989 � L650 OAYTON 3ti�900 1914 53 X 120 APP 1.75 1.0 X X GANCELLEO 66 01/13lT7 . 32 3 1609 � 1913 CARRaLI 42�000 1898 75 % 97.A ♦ I % X 1 CANCEZlEO 5 07/11/7i 82 27 2029 � 1983 LAUREI AVE 43�500 1919 50 X 150 1.75 2 X X X X GANCE�lEO 651 02/09/77 I1 6 8222 2208 D�YTON 51�000 1913 i0 X 148.9 1 1 X X 1 x GANCEtLEp 78 08/30/77 41 35 21�5 � t874 CARROLL 3ti�900 1880 31 X 150 1 X X MITHO�AMH 674 03/02/78 lOr�9- 1851 � 1650 DAYTON AVE 34�900 1915 53 X 120 1 1 X X MITHO�AMM 1T0 03/16/Zj�=-bt �2159 r 1760 PORTLANO 37�900 1913 53.5X150 1.5 1.0 X % X MITNO�AMN 200 Ol/1Q/7 9� 1610 � 1886 L�UREt Sti�900 1908 40 X 167,21 1 • X X X MiTMORAMN 13Z ""08/11/ 19�3 Q276 _ �, �_-- _: � , , = r,.. , _,.�- ,,. ..- ! .....5 BEOROOMS OR MORE...��-` -" "" ; , � .�. � .....CUOVERATIYE ANO LISTING BItOXER S�LES '..:+ , - 4 LIST S�LE YEAR CITY F �MUSE � lIST SALE MRK7 LAST GTI AODRESS PRICE PRICf BUIIT t0T SiZE BATN GAR M 5 P FAM' OfSCtIIPTION BRKR BRKN OATE TIME I55. PIG/ pli i 312 MISSISSIPPI BLVD 135�000 191.500 1911 185 X 150 3 3 X X X X LB�....CONY 624 62S 03/03/TB 3 IL 19I'J 10� � '� .....EXPIRED�MITHORAYNrANO FAII TMR�U6H..... i LTST SA�E YEAR CiTY P iMUSE LIST SALE MRKT lAST aTl y ADDAESs PRICE PRICE BUIIT l0T 512E BATN 6AR 11 5 P FAM OESCRiV7IQN BRKR BRKR OATE iINE I55. PIC/ PI� � 1657 SELBr 37r900 1911 40 X 109 2 X X X EXVIREO 133 _ 06130/T7 56 2S 2139 { 1657 SElBY 37�900 1911 40 X 109 3 X X X , E7IPIREO 133 09/29/77 S1 39 1992 i ti20 MISS iIIV lLVD N 179�000 1922 1.i9 �LS 3.5 3.0 X X 2 X E7(PIRED Ts 07/Ol/77 28S 25 2142 '� _ ___ . , _ _ . ; �, _..�.....fUPlEXES..... g . j .....COOPERATIVE AND lIST1N6 BROKER SALES.+.�. � � l[ST SALE YEAR CITY F AMUSE LIST SALE NRKi �AST QT1 � AOOitESS PRICE PR10E BUIIT �OT SI2E BATM GAR M 5 P FAM DESCRCPTtGN BAKR BRMR OATE T[ME ISS. PIti PI� � L286 SEIBY 32s900 32r500 1913 62 X 109 2 2 I( X CO-OP..FHA 17 NNEM O1/0�l7A 166 3 16�5 !0� 1619 LAUREI-�21 52r900 51�000 1907 ti8 X 101 2 X X CO-OP..CCAV 137 MMEM O1/23/T8 88 5 1T59 IC� � l50 FAIRYIEM N 57�900 PENDIN6 1909 55.4 X 49.69 X X X CO-OP.. 25 03/29/78 8 13 19s7 1759 iNGLEHART 60�000 PEN01116 1906 ♦5 X lti3 2 2.0 X X X CO-OP.. 73 03/10/7S 3 12 8245 Q ' i .....Ex�iAED�i�ITMDRAMNrANO FALL TNqOUGN...... � IiST SALE YEAR CITY f AMUSE LIST SALE MRKT lAST QTI ? AODRESS PR1GE PRICE BUILT �OT SI2E BATM GAR M S V PAM DESLRFPTI�N eRKR BFtKR DATE IIKE 155. VIC/�V[� � 1058 HA6UE-Z060 27,000 1909 40X112.29 2 X X EXPIRgD 30 03/1S/T7 187. il 216e ! 1286 SELBT AVE. 32•900 1913 62 X 109.6 2.25 2 X X X ExVIRED 9 07/22/77 9Z 29 1911 j 1329 SELBY 33.900 38 % 109.16 3 X X EXVIRED 22 O1/31/7! 128 5 1TSS y 1928 FERONIA 3ti�900 S6 X 11♦ X X EXPIREO 92 06/Ol/77 8T 21 2209 � 12�2 DAYTON-1244 35,900 1925 tiB X L19 2 X X EIIVIREO 57 07/20/77 , 92 29 1912 1 1577 IGLEHART 37,500 1915 40 X 12�.25 2 1 X X E1(PIAED ♦9 02lO1/78 93 S 1757 ; 1229 LAUREL AVE 41�500 1908 50 % 113.99 2 1 X X 7( X EXPIREO 137 06/23/77 1Z0 2'3 21� 150 FAiRVlEM N 58�500 1908 49 X 55 1 X X X EXPIRED 710 _ 11/04/77 62 4S 1861 1248 LAUREI 19,900 L910 ti0 X 150 1.5 1.0 X X GANCELIED 3� 02/22/�T 324 1 1930 � 190 SARATOGA N 38�000 1916 30 X 239 . 2 2 X X GANCEILED 30 12/21/77 16 3 1679 ? �! 1929 GARROt6 52•OOQ 1985 75 X 1S0 2 X X MITHDRAMN TB 02/l4/TR 106 7 1T74 � � t50 fA[RV[EM�-�--� 57��00 1908 ti9 X SS 2 � X GITHDRAMN ZH77'�ff-�� y 190i ASHLANO 64�500 1912 50 X 140 2 2 X X % MITHDRAMN 101 03/18/T7 33 19 2215 172�J SElB� AVE 27�500 OLOR 32 X !09 2 2.0 X X DEAL FELL 139 06/16/T7 93 1T 2274 , t , � - f.G 4 t! t-1Cq , � � � /�C L� �C- r �'i' �S' 1�:.:; �%!r-Lf/� � � �-�r 4 / ..;�: � 7/�'ti� _ ��.�, :� �J -il�� 17.. ':x�L�j'_� � i �t /�'C,: "�yi �t �' / f�%�� iC.�4:�LC�� G�i Gh- , � � _ �►x'IIVI/ � J, i ��„ /) ,cL�K �CG,' ( .\CLC '{�L! �L`�' I� (�. �L�it ! � I�`L �CLt: f� �T/ Y . , � � ' ` �-C!< . Z/' ,� .,<. t ; ,.: /" ;�-�.> � �F- x�. �l�cG l � �1 /iut ,: f` c .`��.�...��. :._.:..�c.. __ � ��, ^ 3 o �2`�,��, ° �,��C�-�r(s,� ° �° ' � o o ° �i�� o ``� �'�`� - �� . ��'ii�� ,�� f�� 612-645-9164 A�� x�Ia��i�� +1�r. 1589 Selby Ave., St. Paul, Mn. 55104 October 19, 1979 TO TI� MEMBERS OF THE CURRENT PLANNING AND ZONING COMMITTEE OF THE PLANNING C�iIISSION, C ITY OF SAINT PAUL, M`IN��TESOTA The Merriam Park Neighborhood Housing Services, a non-profit, privately financed partnership of residents, lenders and g�vernment representatives, is an �rganization whose purpose is to aid in the:-revitalization of the Merriam Park area of St. Paul. One of the main impediments to these efforts are actions by absentee landlords who increase the number of living units in a structure that is intended to be a duplex. Such a situation .has__,occurred .at 1927-29 Carro_ll.,. and_lzas been_done without obtaining � -._ - the proper zoning variances or the necessary building permits. The Merriam Park Neighborhood Housing Services strongly disapproves of the actions of the awner of this property. " At the October 16th board of directors meeting the Merriam Park Neighborhood Housing Services voted unanimously to join the Merriam Park Community Council in requesting that this variance be denied. Respectfully submitted, C�� . . Carl E. Petersan President, Board of Directors Merriam Park Neighborhood Housing Services, Inc. CEP/cd __. �`�'�a � .� ��.� ::-_-.--- . . ��►�� : �. _ , .,...-.:- x . . 5 _ . _ : � - ,��,��rt _ � _ . iP�� '.� - R�� - E � � �ERRIAM PAR� ; ;� CO�AM�NN�1'1'lf C�IU�t�IL, Ir�c. � � 645-0349 • WILDER AT SAlNT ANTHONY . SAINT PAUL,MINNESOTA 55104 �F� �� F,� p�A� . November 19, 1979 RE: Zoning File No. 8520 John Hermes/Michael Kurtz 1927-1929 CarrollAvenue At the September 26, 1979 Merriam Park Community Council meeting, a moti�n was passed: "That the f�erriam Park Community Co�ncil send a speaker to the public hearing of the Current � Planning and Zoning Committee regarding 1927-29 Carroll to express the strong desapproval of the h1erriam Park Community Council regarding the requested variance for legal non-conforming use of said property." �;�� S�,/�_,�;'.' Liz Schmitt Community Organizer ��=..:. .__.. _ �� i�'�+'. '�' . �, , _ ,� ":- a,,, .�^r.—....�- - n � � � +'`�°�` .. ,`� � , ,.,,,,.- _�4� -�.� ,. . .... 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' _ , � � ' � , ' . „ � ... � .. t ` . . , A�: .. .�. , - , . i _ _ .:� _._ _ _ city of saint paul _ board of zoning appeals resolution . zoning file number_8520 __ � dal(; _December 111__1979 _________ � WH�REAS, on August 14 � 1979 the Zoning Admin�istrator denied a • -- Certificate of Occupancy to John Hermes and Michael Kurtz fo'r legal non- conforming use status for a 4-plex at 1927-29 Carroll (letter atta�Med hereto as Exhibit A) ; and � WHEREAS, John Hermes and Michael Kurtz have applied for an Administrative Review of said denial in accordance with provisions of Section 64.203 of - the Saint Paul Legislative Code (applicati.on for Administrative Review is . attached hereto as Exhibit B); and WHEREAS, the Saint Paul Board of Zpning Appeals, based on evidence � presented at the public hearing on November 27, 1979, as substantially � reflected in the minutes attached as Exhibit C, made the following findings of fact: 1 . The use of the building as a 4-unit residence was proven to have not been in continuous existence for a period of 20 years prior to the enactment of the Ordinance; � 2. It was determined, based on testimony presented that 3 units had been in continuous existence with the 3rd unit being used the majority of the time; and 3. The applicant would incur substantial hardship if the strict inter- pretation of the Ordinance pertaining to continuous existence and use of the property as a 3-plex were applied. NOW, THEREFORE, .BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that the Zoning Administrator did not err in his decision to deny the -� � � . application for nonconforming use status for a 4-plex. The Board, under its authority ir� Section 64.206, does modify the Zoning Administrator's decision by determining that the structure is a legal nonconforming use as a 3-plex. . • moved by Mr. Parrish Decisions of the Board of Zoning seconded by _ , Appeals are final subject to appeal Mr. Grais to the City Council within 30 days in favor 6 by anyone affected by the decision. . . aga�nst _ ..�_ __ � � � , . - - �1 . Fi��a �s � �' J�� 8 Z Zu PM 'BU �`�.� `� J/� CiTY ��.E�K'S 0�'flCE �, (J�� sY �A��.��i��. , G� (i.�, � °,,>�. '��''p�, •`�/� January 8 , 1980 �L� � ,� �� _ ��.r' Ms. Rose Mix - Saint Paul City Clerk �'�.4 ; 386 City Hall ' �i; Saint Paul `"�, Minnesota 55102 RE : Notice of Appeal of Board of Zoning Appe�ls Decision of November 27 , 1979 regarding 1927-29 Carroll Avenue, Saint Paul, Minnesota Dear Ms. Mixz Please be advised that the decision of the Saint Paul Board of Zoning Appeals, served December 11 , 1979 on the owners of the above property, Messrs. Kurtz and Hermes , is appealed on the grounds that the decision was not based upon clear and convincinc� evidence of non-conforming use or of that type of financial hardship contemplated by the Saint Paul Zoning Code, and that the decision was therefore arbitrary and capricious. A hearing was held regarding the owners ' application for non-conforming use status on November 27 , 1979. The undersigned are interested neighbors , living within �-- 350 feet of the above property, and hereby request refund of the appeal fee which accompanies this notice of appeal. Sincerely, �- /��-�-� CJ Linda M. Zachow Board Member, Merriam Park Neighborhood Housing Services , Inc. 1944 Carroll Avenue Saint Paul, Minnesota y� k�;� Nina Kopach � Resident/Owner 1943 Carroll Avenue y)� Saint �'aul, Minnesota � ti � t Enclosure s�r�. �. i �' M1 CITY OF ST. PAUL ' DEPARTMENT O� FINANCE AND MANAGEMEN7 SERVICES ASSESSMENT DIVISIOiV 113 CITY HAIL ST.PAUI,MINNfSOTA 55102 J�nuary 18, 1980 City Clerk 3� City He�11. File 7�L397 Page 1 Zoning File 8520 , The Council of the City of St. Paul will hold a public hearing in the Council Chambers of the Citq Hall and Court House (third floor) at 10:00 A.M. on Thursda.y, February 7, 1980 on the: Agpeal of Linda. Zachaw and Nina �ch to a decision of the Board of Zoning � • Appeals. The appeal concerns the application of John Hermes and Michael Kurtz ="'�r an administ�ative review of Building Department denial of application for lega.l nonco�iforming use status for the property at 1927-1g29 Carroll Avenue. The property is :located on the north side of Carroll Avenue between Prior and Hawell Streets and is legally deseribed as: the west 1�2 of I,ot 11, and a11 of Lot 10, Block 15, Merriam Park Addition. /� If ycu would like further information about this hearing, contact the Current Planning Section of the Planning Board, Room 1202 City Ha�.l Annex -- 298-4154. While the City Charter requires that we notify you of the hearing, we want to help you to learn fully $bout any improvement that could affect you or your co�nunity. Therefore, I sincerely hope you can attend this hearing, so that . . you can make your views about it known to the City Council, whether for or � against. J. WILLIAM DONOVAN VALUATION AND ASSESSMENT ENGINEER � \ � o �� o 0 0 ° o 0 0 0 0 �� o�� 612-645-9164 �� $�� . 1589 Selby Ave., St. Paul, Mn. 55104 February 1, 1980 Ms. Rose Mix City Clerk Room 386 City Hall - Saint Paul � St. Paul, MN 55102 Dear Ms. Mix: The enclosed information is respectfully submitted in regards to the appeal filed by Merriam Park residents Linda Zachow and Nina Kopach, regarding 1927-29 Carroll Avenue, and scheduled to be heard by the Saint Paul City Council on February 7th. Encl�sed is a resolution from the Merriam Park Neia�borho�d �iousan� �ervirPG �nard �f directors expressing unanimous support fox the residents ' appeal . — —' Also included is a copy of the Board of Appeals & Review minutes showing discussion of the property in question. At the Board of Appeals & Review hearing on December 11, 1979, Mr. Hermes commented that "with the exception of one vear, the unit had been occupied for the last 20 to 22 years. " His acknowledgement of this exception may be pqrtinent to the appeal on February 7th when the neighborhood residents will argue for proper interpretation and enforcement of the City' s Zoning Ordinance. The enclosures are submitted on behalf of the Merriam Park residents appealing the Zoning Board of Appeals decision on the non- conforming use of 1927-29 Carroll Avenue. Sincerely, ' ' , ,�� SC��r�.�G/ Beth Schmidt Community Outreach Worker Enclosures � ��;�r� �\ o o � o o � o 0 0 0 �� ,��,�'�� 612-645-9164 �o��l�� L&�y ��. �. 1589 Selby Ave., St. Paul, Mn. 55104 February l, 1980. TO THE MEMBERS OF THE SAINT PAUL CITY COUNCIL CITY OF SAINT PAUL, MINNESOTA The Merriam Park Neighborhood IIousing Services, a non-profit, privately financed partnership of residents, lenders and government representatives, - is an organization whose purpose is to aid in the revitalization of the Merriam Park area of st. Paul. One of the main impediments to these efforts are actions by absentee landlords who increase the number of living units in a structure without compliance with zoning and building codes. Such a situation has occurred at 1927-29 Carroll Avenue, and was done without obtaining the necessary buzlding permits or the proper zoning variances. After conversion to a 4-plex, the owners then applied to the _ Ci.ty for a legal non-conforming use status on the illegal conversion, claiming that de-conversion would bring on financial hardship. The Zoning Administrator denied the application, and the owners appealed to the Zoning Board of Appeals for an administrative review. The Zoning Baord loosely interpreted the Zoning Ordinance and granted a legal non- conforming status to the structure as a tri-plex. Neighbors are appealing to the City Council the Zoning Board' s decision, arguing that proper interpretation and enforcement of the Zoning Ordin- ance would limit the building to use as a duplex. : The Merriam Park Neighborhood Housing Services expects the various boards and councils of the City to encourage consistent and even-handed compliance with the letter and the spirit of the City' s housing and zoning codes. Based on the actions of the owners and interpretation of zoning codes, the board of directors of the Merriam Park Neighborhood Housing Services at their January 29th meeting voted unanimously to join the Merriam Park Community Council in supporting the residents appeal to limit the 1927-29 Carroll structure ta a duplex. Respectfully submitted, � - � "'� � Carl E. Peterson � President, Board of Directors Merriam Park Neighborhood Housing -Servic�s, Inc. CEP/'bs � � November 16, 1979 We, the undersigned residents, as neighbors to 1927-29 Carroll Avenue, City of St. Paul, Minnesota, object to the conversion of 1927-29 Carroll from a duplex dwelling to a 4-unit multiple dwelling. Such a change would adversely affect our neighborhood, increasing our parking problems and erroding the owner-occupied, single-family or duplex nature of our area which we wish to maintain and encourage. We request the Current Planning and Zoning Committee of the Planning Commission, in its administrative review of the building department' s denial of an application by the owners of 1927-29 Carroll Avenue for a legal non-conforming status of the property, uphold that denial. (Thereby not allowing a legal non-conforming use for a 4-plex.) Name Address Phone ,� _ � QO�D � �_..�-�. (�? Y �-�-.r 2J1 j��.�.a �/.�� ,��j.R�,�... c wt��r v � ;�} � ' �; � ��-� �� -c � � `��1 �� i �.�.11J� f � ' C7'�C=-� �' 3 } `�;�.�C�c4/'.�.� l _9 i•z/ L� �S-'- .s�/d''� .� � �'� '�s � �"' �..t-�" - �`_.7 �C / l� �-., � °l d � ��v�v ( � 4(� �Z7�'j �� .cz_ ��.��- ��o� �°Ar��'o ��- �¢�-�z�9 C- ^.�-�''�C-�2 �J�Gr��-' ��'�°"`� �Cl��-L.�C!-�%' L�� -//�.�- ., � _- • ,- -; : ,.. . • , _ C`�-�-�� .� . �.�-�-��- ,� ��-� ��J ��, 1i�::;�.. � .;.%"r � � � � /�2 � � ��lr�� • , ,. � � �` � °- �� ` �`, �� C.�v?,��? � K� _ � 1,�!�-, � � � � � � � _ Q-�-�q- � ha-co-,�+.�rcd.µ..0_ -�Ce..�. ed a,y��.�..� t,�. e,,....�,<,,, o� �9��-�j -- __ _ Ca•�..t.o<eL �0✓ cc �.q�a�i - /KSH.t- �o,�ll4.,.i.r�:.�, ,� � 2�a... /rf?c.e.�°•7'� .— a.r..0 ,�w_--- �� 0 � � �� JtL.�.v _ a�r�" T� ,�a..c�.�.e,�.,� .im.�.P�rr(,�_ _ �.o-ue....��. Q-.�,� -�•�-�.�T. _ -- — . • �iF R^' '/�M Aw 9' qW0 ..��p��. !I v ` . .� . .. . . . ._. _ _� � ... _ _ ... . . . .. .. .. . .... .. _ .... . . .. . � . . . . .__ _ . _ _ ._. /1-�T�!-.�./ .../� .� � Ar.O /�.+ ' . � . _.. . ... �� . . . � . . ... . . � .. .. O , I/'�,� .._. ... ... � . . .. '�!� �_ . , � �,^:2/=� . . .. . � ... . ' ...�� ' .� _�.� � _ 1�..� � �`�.� �� -�� =�� , ,��. � .../�i�.,. � - _ - � _ � _ _ - -. -- � __ _ _ - - _ _ _ _ _ _ _ ____� . _ _ _ . - - __ _ � _ _ _ _ _ ___ _ _ � _ --- _ _ _ _ ___ _ -- _ _- ----- ___ _ _ _ _ � � � _ _ _ _ ► _ " . , , . October 18, 1979 We, the undersigned residents, as neighbors to 1927-29 Carroll Avenue, City of St. Paul, Minnesota, object to the conversion of 1927-29 Carroll from a duplex dwelling to a 4-unit multiple dwelling. Such a change would adversely affect our neighborhood, increasing our parking problems and erroding the owner-occupied, single-family or duplex nature of our area which we wish to maintain and encourage. We request the Current Planning and Zoning Committee of the Planning Commission deny any change in zoning on the 1927-29 Carroll Avenue property. � Nam Address Phone �-C�� (�' L� 3 5 �i?�u t�/lM . ID �5- �rl`��-2., ��C�.t.7� �it� /�'✓�.� � ,�-C. �c�� ` �/v��- ; , � , ;� � , �`" ?, �r c,�,� l� , ' _ � 'f � `_`' `� ' �, y � �v �.C� _�`�t,t,c.i.l .� �^ �+ � �� — 3 �� sz7�� a �h,�..,� �- c�r�� r � � J � ��.�- � L �t�- � �� .. , �' GL �,5� --- _.e � � ��. / �l � � ��-� ��7�'�S`. ✓ l , t �' �.� � ! �-� 1`i'3�� ->v��`'., ��3�`�7 a - � , _ , . � , October 18, 1979 We, the undersigned residents, as neighbors to 1927-29 Carroll Avenue, City of St. Paul, Minnesota, object to the conversion of 1927-29 Carroll from a duplex dwelling to a 4-unit multiple dwelling. Such a change would adversely affect our neighborhood, increasing our parking problems and erroding the owner-occupied, single-family or duplex nature of our area which we wish to maintain and encourage. We request the Current Planning and Zoning Committee of the Planning Commission deny any change in zoning on the 1927-29 Carroll Avenue property. � Name Address .� Phone .J ' '� ` ' i � ��;' i��...�,.�_�� Z�• �1�._ �...vGC-��. � j r cI� � i � ��,�.'Ll'.C� �'1 �-1..��\��C��LYl �,�..� 1 :�l��ll.cl.� �,�,1?{ ++ � � � � � a _ . �� v� b� C,� . ! � �'E �' , , L , � � , ��-�, ; ��'� G�� , �"� � ,�� i � s�� , _ , �� ,- �� F l � .� ,. I � � ,, ) � � - I �iN 2_�1/`!L � � 'Z�� Yil.:� �.t-�-2---'Z� �G L"'tC� � ��/ , � ✓ . �' i i. '��'�'L�tJr-: L �- G'z�(./v iC.�- �.�-�'�hJ►-J L�_..�lt...2t-' [.`-�`LQ.i �_,?`�-7it_.C._-�.�k.i�K%'...�- �� .(�--2.��-- �.=� b��--c.� � _-r�c,'�.-�--P/, �C�--vz�,;�.., ��i.�--- � ,.e -- � ��..z �—` � n . J � ��`� .� ,�2_.{,._,_;(_,t� �. .1.. �r.�vc�---c--�N--��i.r-- (� ��//� � I (�� .'`�_,:.� f j � � �� C/�I V��[�/` .. �' `�_ �(..//��../' I' I � 1. �/� ' � )' �'�� ', �. �-D ytit.,�, titiu 1� - � � ��,(� - _ . i . � � .,� �- _ �'� ., �� 1 � �� I� , i. �m— c� �.-� o�Jt�e,ea� � c�it�—�-- �� .��c. - L�;� G�.-�c,�-�- G-�� e�-- l l� - ► i � � �l, '��— t� �13 �.��"�✓ �- ,. � � � `� , � 1. � � '' , . . ;; '�..� `��- R�-- � I '' , �� " �z�d ;� � 'j Gz�Ll�R� � ,� � �i-�cJ � �R G��-Z G�'la'L' ,� i�' ;,�%�� —=�i� C�c��y �=�--�e� -�i� ;; I , � —Z� �� O U . ,I �. ;• �, ,� _::�%�-e-� — j� � �� Ge%L��c.�- �'`�.��-?-� G�d ��. �e �,��?,�-�� „/�d v�� -�� '' � . :,; � ,�� . , � �/-� �n�=� f�' . ; �� '; � �� -- ;,� . ,�� i� i1 � � ��:a � � �. �� The MERRIAM PARK � iLi� � ' � o SPECIAL EDITION �� ` �-�,��% � ' � '•� � JANUARY 25, 1980 �l:. � ,'r � ; ;g,�� `.� ;�� ;t' ' <- l '':�� ,;. � � � RESIDENTS APPEAL RECENT DECISION ON 1927-29 CARROLL Residents in the neighborhood around 1927-29 Carroll Avenue are appealing to Saint Paul City Council a recent decision of the Zoning Board of Appeals to grant a "legal non-conforming" use of 1927-29 Car- roll as a tri-plex. The purpose of this flyer is to explain the back- ground history, legal arguments, and concerns of the residents making the appeal. We want you to join with us in the appeal, which will be heard by the City Council on Thursday, February 7th at 10 A.M. Historv: 1927-29 Carroll was used variously from 1957 to 1974 as a four-plex, three-plex, and then in 1974 as a duplex. Sold in 1975, � the building was used as a tri-plex by the new owner. At that time the owner lived in an improper basement apartment. In 1977 the owner listed the property with Dan Dolan Realty as a duplex. Several interested persons, some who now live in the area, looked at the home and were told that while it was a duplex, the building had "potential" as a four-plex. After remaining unsold for some time, the listing agent finally bought the property. John Hermes (the agent) and Michael Kurtz, the buyers, converted the building to a four-plex, without bene- fit of a building permit. On July 18, 1979 the City of St. Paul noti- fied the owners that their four-plex did not comply with Zoning regula- tions, which designates the area for single-family and duplex homes. The City offered three options to the owners. The first was to prove that the building had been used as a four-plex on August 22, 1922; second, to obtain re-zoning of the property along with necessary vari- ances for lot size, parking, etc. ; finally, the City suggested they apply for a "legal non-conforming status. " The City indicated that the owners had to prove "hardship as well as prove that the use of the structure as a four-plex has been continuous since December 13, 1956, or was established pursuant to a building permit. " Hermes and Kurtz applied for a legal non-conforming use, claiming continuous use and financial hardship. The Department of Housing and Code Enforcement denied the application based on the testimony of a former owner. The owners then appealed to the Zoning Board of Appeals for an administrative review. At this hearing, residents from the neighbor- hood presented their arguments in support of the original denial. They pointed out that: the building had been de-converted by a previous owner and had been advertised as a duplex, the present owners converted it to a four-plex without required building permits, and the only "financial hardship" they may incur is merely not collecting the anti- cipated increased profit from the illegal conversion. Plus the building caused parking problems and detracted from the improving climate of the neighborhood. But the RESIDENT'S REASONED ARGUMENTS WERE IGNORED BY THE ZONING BOARD OF APPEALS, WHO RULED THAT THE BUILDING COULD BE USED AS A TRI-PLEX THIS DECISION IS BEING APPEALED BY YOUR FRIENDS AND NEIGHBORS PLEASE JOIN US FEBRUARY 7th, AT CITY COUNCIL CHAMBERS (3rd FLOOR, CITY HALL) AT 10:00 A.M. OUR ARCUMENTS ARE: , 1. The Merriam Park Community Council has taken a position against . granting this non-conforming use a legal status. We think that the City should enforce Zoning regulations in an even-handed, consis- tent manner to protect the residential character of our neighborhood. 2. The City has required building permits from those of us who have made improvements. The City should not allow investor-owners to escape this requirement, especially when the "improvements" are in violation of the Zoning Code. 3. The claim of "financial hardship" should be used only for those resident owners who are, in fact, ,poor and can not afford required improvements. "Financial hardship" should not apply to investor- owners who invest money in illegal improvements anc1 then argue they will "lose money" if they are not allowed to continue illegal uses. 4. The stated Intent of the City Zoning Code is to "permit legal non- conforming lots, structures . . . to continue until they are removed, but not to encourage their survival. " The Zoning Board of Appeals' decision undermines this City policy by encouraging improper uses in our neighborhood. 5. According to the Zoning Board of Appeals' resolution to allow a tri-plex, dated December 11, 1979: "The use of the building as a four-unit residence was proven to have not been in continuous existence for a period of twenty years prior to the enactment of the orclinance. . . " As to its use as a three unit building, the Board's opinion said that it was used "the majority of the time. " We argue that "majority of the time" should not be construed as "continuous", in the Zoning Code. 6. According to the Zoning Code, legal non-conforming uses are to be granted only when there is "clear and convincing evicience" of both "continuous use" and "financial hardsh;ip" and "the burden of proof shall be on the applicant. ° 7. Finally, the Zoning Code (64.216) states: "Any building . . . altered or converted . . . subsequent to the time of passage of this ordinance and in violation of any of the provisions thereof, is hereby declared to be a public nuisance per se, and may be abated by orcler of any court of competent jurisdiction. " � THURSDAY, FEBRUARY 7th at 10 A.M. CITY COUNCIL CHAMBERS - 3rd FLOOR, CITY HALL COME TO CITY HALL TO SUPPORT OUR CASE � "NUMBERS" OF NEIG�RS WILL HELP, EVEN IF Y4U PREFER NOT TO SPEAK Y�OUR PRESENCE IS IMPORTANT III ... FOR FURTHER INFORMATION CONTACT LINDA Zr1�CHOW, 1944 CARROLL - 647-1994 (CAR POOLS CAN BE ARIZANGED) The Merriam Park N.H.S. Neighbornews is published by the Merriam Park Neighborhood Hou�ing 3ervices - 1589 Selby Avenue, St. Paul, MN 55104 645-9164 •'' . _ . ____ --- -...... _ ._ _ _ , _ RECEIVED •� � � Si ( �a ��1.� �� ()�� MAY 1 � ..,81 STATE OF MINNESOTA CITY AT�G��E�� DISTRICT COURT r COUNTY OF RAMSEY SECOND JiJDICIAL DISTRICT John Hermes and Michael Kurtz , � Plaintiffs , FINDIiJGS OF FACT, .2 � � �'63 _ ��,T, o, CITY OF SAINT PAUL 4' � OFFICE OF THE CITY ATTORNEY : � iiu I ii ii �� ^ EDWARD P. STARR, CITY ATTORNEY �� 647 City Hall,Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR May 18, 1981 r j Mayor George Latimer � City Council Members Enclosed please find a copy of the District Court Order in the matter of John Hermes and Michael Kurtz vs. City of St. Paul involving the building at 1927-1929 Carroll Avenue. The Court ' s decision over-turned the City Council and upheld the Board of Zoning Appeals by ruling that the structure has non- conforming status as a 3-unit building, with one unit each on the lst and 2nd floor, and the basement. Very�truly yours, , , f � �' .i � , � e y`,;, Z�� -}c' � � J � ME /J. S �. L . ssi�stant �ty Attorney � � i JJS:cg � �enc 1. � ' cc: Glenn Erickson Peggy Reichert �ty Clerk : 1 � °�-�'O � . � :� .• '�. , ��, � , _ . . � '' _.w._. _ Paul notified Plaintiffs on an alleged zoning violation as to the subject property. III. That Plaintiffs duly made application on or about July 31, 1979 , for a legal nonconforming status , pursuant to St . Paul Legislative Code Section 62 . 102a. IV. That by letter dated August 14, 1979 , the St . Paul Zoning Administrator denied said application for legal non- conforming status . V. That Plaintiffs duly appealed said decision to the Board of Zoning Appeals for review. Follo�aing a public hearing on the matter, the Zoning Adr.iinistrator' s decision was modified so as to permit the legal nonconforming use of the structure as a three-family dwelling. VI. That certain gersons , to-wit : Linda Zachow and Nina Kopach, thereupon filed an appeal from the decision of the Board of Zoning Appeals . VII. That a public hearing was conducted by the St . Paul City Coun cil on February 7 , 1980. That by resolution adopted March 11, 1980 , the St . Paul City Council reversed the decision of the Board of Zoning Appeals permitting the legal nonconforming use of the structure as a three-family dwelling and determined that the structure was a two-family dwelling. VIII. That Plaintiffs demonstrated by clear and convincing evider�ce that the subject premises had been in existence continuously as a three ' family dwelling for 20 years prior to the effective date of the zoning ordinance , one dwelling unit being occupied on each of the basement, first floor an d secon d floor levels . -2- •'• _ .. . _ _ . . - �`�,,� ^ 1 ' ,-,�- IX. That the history of the subject premises is as follows : 1. The building was constructed in 1889. 2 . Listed by County Assessor as a six unit building in 1951. 3. In 1957 it was occupied as a four unit building, with one unit in the basement , one unit on the main floor and two units on the second floor. 4. 1959 occupied as a five unit building. 5. 1963 owner changed second floor into one unit , and building occupied as a three unit building with one unit each in the basement, first and second floors. 6 . 1974 basement unit becomes vacant. 7. 1975 basement occupied, and building occupied as a three unit building. 8. 1977� building listed for sale by Dolan P.ealtor as a duplex; later withdrawn from market. 9. 1978 Plaintiffs purchase property, and convert third floor into a dwelling unit . Building becomes four un it building. 10. building presently occupied as a three unit building pen ding determin ation of this lawsuit. From the foregoing facts the Court makes the following as : CONCLUSI01`IS OF LAW l. That the Plaintiffs demonstrated by clear an d convincing evidence that the subject premises had been in existence continuously as a three-family dwelling for twenty years prior to the effective date of the zoning ordinance. One dwelling unit being occupied in each of the basement , first floor, and second floor levels . 2 , That the City of St . Paul shall be ordered to � approve and permit the legal nonconforming use of the structure as a three-family dwelling. ORDER FOR JUDGMENT Judgment shall be entered in accordance �aith the foregoing Findings of Fact and Conclusions of Law. The attached Memorandum is deemed a part of this Order. Dated this day of T�ay, 1981. ��, �'� � ��"rl �` i' � ! t •l�. .1� c �''�:�; ,:t,�ti-L-�� ; � �. , � Archie L. Gingold � �, `� ` � � ,� ` �� :.�.:: . MEMORANDUM The subject premises had been in existence continuously as a three family dwelling for twenty years prior to the effective date of the zoning ordinance. Continuous use does not mean that all three units must have been rented out at all times . Continuous use means that "the use of the property prior to the ordinance was so active an d actual that it can be said the property owner acquired a vested interest in its continuance. " City of Lake Geneva v. Smuda 249 r1.�T. 2d 783 , 785 , 75 Wisc. 2d 532 (1977) . Although the basement unit was empty for a limited time during 1974, the structure remained suitable for triplex rental as evidenced by the basement ' s rental in 1975 . The landlords actively continued the use of the structure as a triplex by keeping any vacant units available for rental . The buildings use as a triplex was never abandoned by any of the owners in the twenty years prior to the date of the zoning ordinance . Let this Memoran dum be made part of the foregoin g Order. �- � �- * . ; i� � �'-�='' " �' • .. : "L..-��t�- � ; _ �------�-�;t ; ; Archie L. Gingold Judge of District Court