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275775 WHITE - CITY CLERK �"^% PINK - FINANCE *°y f� �� CANARY.,- DEPARTMENT COUtIC1I v B'tiUE - MAYOR � - G I T Y A I N T PA U L File N O. .�Zesolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, T. J. Hurley applied to the Baard of Zoning Appeals from the strict application of the provisions of Section 61.101 (d) of the Saint Paul Legislative Code pertaining to setback require- ments so as to permit him to construct a 6 ft. 6 in. high privacy fence on the property located at 745 Ohio Street and is located at the southwest corner of Ohio and Sidney; and WHEREAS, Following a public hearing with notice to affected property owners and the applicant, the Board of Zoning Appeals by its Resolution No. 8678 adopted July 22, 1980, denied the petition for a variance for the following reasons: 1. That the site poses no physical limitation in terms of size, shape, extreme narrowness, shallowness or topography that would cause undue hardship to the applicant as distinguished from mere inconvenience. 2. That hardship in this instance is determined to be self- created. 3. That granting of the variance would impair the supply of light and air to adjacent property. 4 . That granting the variance would impair the intent and purpose of the Zoning Ordinances in that an element of danger would be created due to impaired site distance because of the fence being located so near to the street. and; WHEREAS, Pursuant to the provisions of Section 64 .204, T. J. Hurley duly filed with the City Clerk his appeal from the determi- COUNCILMEN Requestgd by Department of: Yeas Nays Hunt Levine In Favor Maddox McMahon snowa�ter A gai n s t BY Tedesco Wilson Form Approve C' y Att ney Adopted by Council: Date Certified Passed by Council Secretary BY � By Approved by :Vlayor: Date Approved by Mayor for Submission to Council BY BY WMITE - CITY CLERK - � �r PINK - FINANCE �j��j�F� CANARY - DEPARTMENT G I T Y O F S A I N T �A U L COUIICII � � c �� g1.UE - MAYOR File N O. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date nation rnade by the Board of Zoning Appeals, requesting that a hearing be held be€ore the City Council for the purpose of con- sidering the actions taken by the said Board; and WHEREAS, The City Council, upon notice to appellant and other affected property owners and following a public hearing conducted for that purpose on September 18, 1980, and having heard the state- ments made and having considered the variance application, the report of staff, the minutes and findings of the Board of Zoning Appeals, does hereby RESOLVE, That the Council of the City of Saint Paul does hereby affirm the decision of the Board of Zoning Appeals in this matter and does hereby concur in the findings made and determined by said Board; and, be it FURTHER RESOLVED, That the appeal of T. J. Hurley be and is hereby denied; and, be it FURTHER RESOLVED, The the City Clerk shall mail a copy of this resolution to T. J. Hurley, the Zoning Administrator, the Planning Commission and the Board of Zoning Appeals. -2- COUIVCILMEIV Requestgd by Department of: Yeas Nays Hunt �wr�n�- [n Favor Maddox McMahon __�� A gainst By Showalter — Tedesco Wilson QCT 7 �980 Form Approved y ity A torn Adopted Council: Date — Cer ied Pass y Coun .il Secretar BY Y Ap ov y : ayor: a l,T $ �qRl9 Approved by yor r Submission to Council By _ BY ��H�� 0 CT 1 8 1980 PINK - FINANCE (RETUR TO JEROME �F rAL AFTF� ADOPTI r"`� �. CANARY - DEPARTMENT � �I TY OF JA I NT I'A U L �ncil �,�l;�'�� Bl�ilE • MAYOR File N 0. � Council Resolutzon Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, T. J. Hurley applied to the Board af Zoning Appeals from the strict application of the provisions of Section 61.101 (d) of the Saint Paul Legislative Code pertaining to setback require- ments so as to permit him to construct a 6 ft. 6 in. high privacy fence on the property located at 745 Ohio Street and is locat�d at the southwest corner of Ohio and Sidney; and WHEREAS, Following a public hearing with notice to affected property owners and the applicant, the Board of Zoning Appeals by its Resolution No. 8678 adogted July 22, 1980, denied the petition for' a variance for the following reasons: 1. That the site poses no physical limitation in terms of size, shape, extreme narrowness, shallowness or topography that would cause undue hardship to the applicant as distinguished from mere inconvenience. � 2. That hardship in this instance is determined to be self- created. 3. That granting of the variance would impair the supply of light and air to adjacent property. 4. That granting the variance would impair the intent and purpose of the Zoning Ordinances in that an element of danger would be created due to impaired site distance because of the fence being located so near to the street. � and; WHEREAS, Pursuant to the provisions of Section 64.204, T. J. Hurley duly filed with the City Clerk his appeal from the� determi- COUNCILMEN � Yeas Nays Requestgd by Department of: Hunt Levine [n Favor MaddOx McMahon B snowa�ter A gai n s t Y Tedesco �Iwn Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY gy, Approved by .Vlayor: Date Approved by Mayor for Submission to Council By _ BY , PI�N1K� - FINANCER� - � � B�LUE R~^ MAYOR MENT COU[ICII ` ` _ CITY OF sAINT �AUL File N0. �,�.� � � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date nation made by the Board of Zoning Appeals, requesting that a hearing be held be€ore the City Council for the. purpose of con- sidering the actions taken by the said Board; and WHEREAS, The City Council, upon notice to appellant and other affected property owners and following a public hearing conducted for that purpose on September 18, 1980, and having heard the state- ments made and having considered the variance. application, the report of staff, the minutes and findings of the Board of Zoning Appeals, does hereby RESOLVE, That the Council of the City of Saint Paul does hereby affirm the decision of the Board of Zoning Appeals in this matter and does hereby concur in the findings made and determined by said Board; and, be it . FURTHER RESOLVED, That the appeal of T. J. Hurley be and is hereby denied; and, be it FURTHER RESOLVED, The the City Clerk shall mail a copy of this resolution to T. J. Hurley, the Zoning Administrator, the Planning Commission and the Board of Zoning Appeals. -2- COUNCILMEN Requestgd by Department of: Yeas Nays Hunt �ev�ne In Favor Maddox McMahon snowaite� __ Against BY Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by :Navor: Date Approved by Mayor for Submission to Council By _ BY . . . � Z �'�� * �, CITY OF SAINT PAUL _� E`A0 a �; � DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT � �I��ii 1° ► �%,�• "� DIVISION OF PLANNING �� i�s• 25 West Fourth Street,Saint Paul,Minnesota,55102 GEORGE LATIMER 612-298-4151 MAYOR September ll , 1980 Rose Mix, City Clerk Room 386 City Hall St. Paul , Minnesota 55102 RE: Zoning File No. 8678 - Hurley City Council Hearing: September 18, 1980 Dear Madam: This is written in response to the appeal of Timothy J. Hurley of a decision of the Board of Zoning Appeals to deny his request for a variance of setback requirements (from 26 feet required to 0 feet proposed) in order to construct a 6'6" high privacy fence along the rear lot line (which is adjacent to the neighbors side yard) and along the Sidney Street sidewalk on this corner lot. The Board of Zoning Appeals received four letters (attached) against the variance request from owners of property within 350 feet of the site, 754 Ohio Street (see attached area map) ; the primary concern expressed was that the fence would impair visibility, and thus the safety of children using the sidewalk. The Board of Zoning Appeals conducted a public hearing on the variance request of Timothy Hurley on July 8, 1980, and passed a motion to deny the variance : request on a roll call vote of 7 to 0. This matter is scheduled for hearing before the City Council on September 18, 1980. Please notify me at least by September 17, 1980 if any member of the City Council wishes to have slides of the site presented at the City Council public hearing. Sincerely, Allan L. Torstenson City Planner ALT/mb attachments �O �1�� city of saint paui board of zoning appeals resolution zoning fife number 8678 date _ �u,Y 22, ,980 WHEREAS, T. J. HURLEY has applied for'a variance from the strict application of the provisions of Section 61 .101 (d) of the Saint Paul Legislative Code pertaining to setback requirements for corner lots in an R-4 zoning district; and WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on July 8, 1980, pursuant to said appeal in accordance with the requirements of Section 64.203(a) of the Legislative Code; and WHEREAS, the Saint Paul Board of Zoning Appeals based upon evidence presented at the public hearing, as substantially reflected in the minutes attached hereto, made the following findings of fact: l . That the site poses no physical limitations in terms of size, shape, extreme narrowness , shallowness or topography that would cause undue hardship to the applicant as distinguished from mere inconvenience. � Hardship in this instance is determined to be self-created. ,,,.: __ 2. That granting of variance would impair the supply of light and air to � adjacent property and would impair the intent and purpose of the Ordinance in that an element of danger would be created due to impaired sight distance. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that under authority of the City's Legislative Code, Chapter 64.206, the variance to construct a 6'6" obscuring fence along the rear and side yard for this corner property at 745 Ohio is hereby denied, for property described in the legal description of the application far variance and the site plan attached hereto. m��/ed b�/ Mr. Woods Decisions of the Board of Zoning seconded b Appeals are final subject ta appeal y Ms_ SummQrt _ t0 the City Coun�71 Wlthln 30 days i n favor _ � �Y ��Yone affected by the deci si on. against o _ _ _: _ __._ _ __ _ _ __ . .��.�._ �_ . _ .. ___ _ �. �;� w . . , r �� MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS IN CTIY COUNCIL CHAMBERS, S7. PAUL, MINNESOTA, JULY 8, 1980 ' PRESENT: Mmes. Morton and Summers; Messrs. Grais, Kirk, Parrish, Peterson and Woods of the Board of Zoning Appeals; Mr. Jerome Segal , Assistant City Attorney; Ms. Wendy Lane of the Division of Housing and Building Code Enforcement; Ms. Beseman, Mr. Bunnell , Mr. Jung and Mr. Torstensan of the Planning Division Staff. ABSENT: None The meeting was chaired by Gladys Morton, Chairman. T.J. HURLEY (#8678): A request for variance of setback requirements for a ya�r —a�oining—a de yard in order to construct a 6'6" high privacy fence on property located at 745 Ohio. The appellant was present. There was no opposition present at the hearing. Mr. Jung showed slides of the site and reviewed his staff report with a recommendation for denial of the variance request. Four letters were received in opposition. The main concern stated was the fact that the vision along the sidewalk line would be blocked and could be hazardous far pedestrians as well as cars. Ms. Lane clarified that the average setback for that block was 26 feet. ` Mr. Hurley, appellant, testified that he was surprised to hear that letters were received in opposition. He spoke with his neighbor next door, :Mr. Hughes, and to his knowledge it was fine with him. He felt the reasons the neighbors were objecting were not valid. The home was built in 1885 and the neighborhood was built around it. He said Sidney is a busy street,particularly after business hours,and he would like the fence for privacy. Mr. Parrish stated that one of the principal objectionsis the obscuring nature of the fence being out on the property line, He asked the appellant if he had considered moving the fence back to approximately the house line? Mr. Hurley commented that he replatted the adjoining property for a future home and if he moved the fence back, he would not be able to put in a proposed garage for the existing duplex. Hearing no further testimony, Ms. Morton closed the public hearing portion of _ the meeting. Ms. Summers made a motion to deny the variance request based on staff findings 1 , 2 and 5 of the staff report and the fact that no hardship can be demonstrated. Mr. Grais seconded the motion. The motion passed on a ro11 call vote of 7 to 0. Submitted by: Approved by: � �' \�-4- � V.uc �.Gtc✓ Laurence J. Jung - Gladys Mor n, Chairman . _.. ,.. ..� .._ _ , . _ . . ...... ... .....�...__. _ . _ _ ,� _ .. __ _�_.,.,..a._.- T.�. � ' � � ' . , . . ' . , � , , � . . � . . . � � , . . � . . . ' ' . . . . � � . . . . _ . . . . . � � .. .Y � � � � .. � .. . . . .. . . . . . . . , � �. � � . � . ' . � . . .. . . . . - . . . . '. . ,. . , . . . '' . � _ ' � � . . � ' . � . - � � � . . . . . . ' � .1 , . . . � . . . . � � � � ' . . ' . � � � . � . � ; . . . . . . 1'. � . , . . � . .. � . . . ! . - ' . . � . � . a . . . . . . . ,. . . � i. . ' / � . . ' . ' - . . . . - ' , . . � � .- .i . . . . . . . . . . . . ' . . . . r ' . , . �. . . � , . . 1 / , Allgti8'�'+ 1.Q� j.7w . - ,. � . . , , I�r. PaW. Deach . ' . Finaaas Dspsrtment ` .� Room 218, Cit,yr Hall •< � Dtaar 8.ir s � The Cit�y Ca�uneil set a Qate of hesring for 3�eptembaer 18th, 198a to �or�e�er the appest ot Timot2�qr �'. Hurley ta a de�i�iaa a!' the � Bc�atrd of, �oning Appeals alfacting prop�rty att T�5 Ohio 3tr�et. . ' f ' W312 �rou plessa �end noticea to property o�nera a+� requir�d by � �. , ].awY � . . �. � Very truly yourr, �,< � , � � , ' �. • � �tose Mis - � � City� C�srl� , AeOsla � - - � cc s Plaa�ting Staff, TAning Sao'Si�oet . � . � ' ��R�li�g �L• � . . .• '!� . . . ' . . . �, � . ' � . . ' . � ' . . � � , � . ` � . , . ' . . � � ' , � � � ' .i . � .. � . . � ' ' . . . , . . . � . � � � \ . . � ' . . - � . . . . . � ' � . . . . . . . . . . , . . . . � . . �.�.. - , ' � � . . . . . � � , i *, , ' . rr= , � � , � �7, , ' I , � i . • . • R )� � .�,. � � , . ��'� � �� . � ��y . � - �; � �s� .�w ST. PAUL BOARD OF APPEALS F REVIEW �'' 705A City Iiall � . �� ,, St. Paul , P�Iinnesota 55102 �`�� ,� (612) 298-4163 .Y�~�''�-.-� August 12 , 1980 � ��-' Timothy J. Hurley ��45 Ohio Street ` St. Paul , MN 55107 Dear Mr. Hurley: Enclosed is your application and filing fee of $10 which I am returning because the subject , a request for a variance on the height of a fence you wish to place on your nroperty, is not within 'the jurisdiction of our board. Such matters fall within the jurisdiction of the Zoning Board of Appeals . For information on their procedures , please contact _ . Allen Torstenson at 298-4154. In our a deadline of August 22 to file Y Particular case , you have , so it is important for you to moveUOn athis1promptlYZoning Board, Yours truly, � � � � �� Patricia Moxness Secretary, St. Paul Board of Appeals F Review j �� .;�' I , �pm��i j c .��.�. Enc '�� , / � (/' �� .: ; ,,��i"�,. / J � � � ' ' � , .� � l �� `' �.- � � , ; % � �- , � ; . C �. h �. O C � � ' o C � � � � '� R r , I �.. � (/') � C ; fy � � r� C� ^ � _ Z � a ',}L,� . h .�p � m .' :�'� ��R '� � �,, C�'� ` - ��'x:,'`.., ;t'G � � � � o `z '�p c � �. s5' ^+ ^ -s 't+ s.G � !'O o ''�..-� � � � � �^ J `c . .�ti O = ; - _ � � � � , , :N • '-- s - < S y o o v ` �:�� ; , - - z r. ° F° .A c� �7 � — -�- .. - 1+ Z �' ,_ � � � A. — - � p . _� � ti� � (:- {/� � N ` .. _ T K � O ' � � m. _ _ - ` . J. � � � G � .. _ " � �, � � � . �'� � N ^. .�. • _ �- _ ;j� ` '�, C"t �^ .. �� ' ~ � � �O�. � t� (D O � v � C' c+ ^� � ' ,, : N p � �. O .p �.. ��, � 3 ; � � � -e Z - � � � yr � � � � �i A � �, � ^ .. � � C c ty - � �i ,� . C a � � � w � ""� ; �' _ �+ i ,--� 'f' � a ;� �" J'� n � ` �� \\ � � � . ^' � � �7 :^ � N � � � . �.`� '� � �� . f� .� o �. O � N� � y � � � C„ `�kk.�.. .�� ` �� . . ��. � \ �� ;�� p �� :h �. �'� ' - w �� y a ' 0 �� [ � � w � h � � � (�. � �O �..tZ N `r ; -< n � � � o 0„ ' ' j� e^...s � Q � ��,,/�y� C . p •�•• . h � ` i R (/q Q 2 h � � a R. A � � f.' �2 � h �0 , � t�., 187',�—A1lidarN o� Surice 8� Me�l (a.�•�+rd 1972) • � °�^�`'�^��0 St MUL..IAINN. ' ��ate �f �inne�ota, �-��,�� . ss. (:�u,�tr ,�/ Ramsey . �aur�nce �. �Uflg _ , ��i►�b' ��t duly sworn, drposcs and sn��s ihut w� July 24 , I!� 80 , h�• .s�-�ur�d th�� attn�hrd Reso].ut.�_�_n. �.86.Z8 . _... ................ --�----. --- � up�,�� T. ,]. Hurl ey __.. ..__ . .... . ....-- ---�-�-�-- _ ...-- - --.. ...- otr�,.nr�� /ur _. _ ._ _ . . - �----- ------ _6Y plac:ng a truc uied cun�•ct ruf,ti th� ��,� i�� iu r�i.�rlu��r nddrr��•d a.; fullutc�s: : T. J. Hurley, 745 Ohio Street, MN 55107 (uhicli u thr laat knoun udd�ess o/ said attorney) and d�pa�iti,+�� tl�e• sa��r, u�ith postage f�rr�paid, in the United Statrs niails nt St. PdUl _ , Mirinrsota. J'ub.+rrib�d a»d su�wn to Lr/ur�• i�i�• this 24th dur u/ 8 _ _ _. ._.. __ ____ _. ' ------- July .. - --�-- --�� --------� -- �-- - . a:�f, •:tiv;n;e,., . ,��•.-__-...e.1�,, •.�.�• . kt�>�ro!A�;Yfi.��` -� �! / . . , � • .i tl�:i:.Hr �..;r �� .... . � � . � ,: r , � . . � . � , � , � .. , ,.. ,.,. ,. �� . . ,. �[_<<[.tC..��.. , �� . . - •- --- . A'utary: . :c l �' � , . . . . --------••--�---... •--� -- - - . ., , -- - � , _____..___.___.______._------_��- --___._.___________._ ___. . _.---._ ___. _ _ --- - -- - ._. _ _ � - � , ;��y,��.,�^.9� . . , � � �' ; � city of saint paul board of zoning appeals resolution zoning file number 8678 date �u,y 22, ,980 _ WHEREAS, T. J. HURLEY has applied for a variance from the strict application of the provisions of Section 61 .101 (d) of the Saint Paul Legislative Code pertaining to setback requirements for corner lots in an R-4 zoning district; and WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on July 8, 1980, pursuant to said appeal in accordance with the requirements of Section 64.203(a) of the Legislative Code; and WHEREAS, the Saint Paul Board of Zoning Appeals based upon evidence presented at the public hearing, as substantially reflected in the minutes attached hereto, made the following findings of fact: 1 . That the site poses no physical limitations in terms of size, shape, extreme narrowness , shallowness or topography that would cause undue hardship to the applicant as distinguished from mere inconvenience. Hardship in this instance is determined to be se1f-created. 2. That granting of variance would impair the supply of light and air to adjacent property and would impair the intent and purpose of the Ordinance in that an element of danger would be created due to impaired sight distance. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that under authority of the City's Legislative Code, Chapter 64.206, the variance to construct a 6'6" obscuring fence along the rear and side yard for this corner property at 745 Ohio is hereby denied, for property described in the legal description of the application for variance and the site plan attached hereto. m oved by Mr Woods Decisions of the Board of Zoning Appeals are final subject to appeal seconded by M _ � , mPrt _ t0 the City Council within 30 days i n favor ti by anyone affected by the deci s i on. against o �.:- ,� . �. �� MINUTES OF THE MEETING OF TNE BOARD OF ZONING APPEALS IN CTIY COUNCIL CHAMBERS, ST. PAUL, MINNESOTA, JULY 8, 19$0 ' PRESENT: Mmes. Morton and Summers; Messrs. Grais , Kirk, Parrish, Peterson and Woods of the Board of Zoning Appeals; Mr. Jerome Segal , Assistant City Attorney; Ms. Wendy Lane of the Division of Housing and Building Code Enforcement; Ms. Beseman, Mr. Bunnell , Mr. Jung and Mr. Torstenson of the Planning Division Staff. ABSENT: None The meeting was chaired by Gladys Morton , Chairman. T.J. HURLEY (#8678) ; A request for variance of setback requirements for a yar a�Tcj'oining a side yard in order to construct a 6'fi" high privacy fence an property located at 745 Ohio. The appellant was present. There was no opposition present at the hearing. Mr. Jung showed slides of the site and reviewed his staff r�port with � recommendation for denial of the variance request. Four letters were received in opposition. The main concern stated was the fact th�t �he vision along the sidewalk line would be blocked and could be hazardous for pedestrians as well as cars. Ms. Lane clarified that the average setback for that block was 26 feet. Mr. Hurley, appellant, testified that he was surprised to hear that letters were received in opposition. He s�oke with his neighbor next door, Mr. Hughes , and to his knowledge it was fine with him. He felt the reaSons the neighbor5 were obaecting were not valid. The home was built in 1885 and the neighborhQO� was built around it. He said Sidney is a busy street,particularly after business hours,and he would like the fence for privacy. Mr. Parrish stated that one of the principal objectior�sis the obscuring ndture of the fence being out on the property line. He asked the appellant if he had considered moving the fence back to approximately the hause line? Mr. Hurley commented that he replatted the adjoining property for a futur� home and if he moved the fence back, he wauld not be able to put in a proposed garage fpr the existing duplex. Hearing no further testimony, Ms. Morton closed the public hearing portian of the meeting. Ms. Summers made a motion to deny the variance request based on staff findings 1 , 2 and 5 of the staff report and the fact that no hardship can be demonstr�ted. Mr. Grais secanded the motion. The motion passed on a roll call vote o� 7 tp Q. Submitted by: Approved by: � �( ' �� ' �,� ��, Laurence J. Jung - Gladys Mor n. Ghairman � �• - .� �� I � • . . � �� i , ZONING BOARD JI � i APPLICATION FOR ZONING ORDINANCE '04�1�� 3 CITY OF SAINT PAUI i A VARIANCE OF ZONING CODE CHAPTER ,SECTION ' '`� PARAGRAPH� i i IS REQUESTED IN CONFORMITY W�TH THE POWERS VESTED IN THE BOARD OF ZONING AP— '. '/ If PEALS TO PERMIT THE f+ '!.��'1-1�~ ��r�� - �C"� �`i`'``}C L° ON PROPERTY ! I OESCRIBED BELOW. � j i �___�_ —• � t.,_ I A. Applicant; NAME: E.� c'_ �_f . �- i � �� ` � c:.`q1��, r ? s�. ' ADDRESS % � > ��V� j � � OAYTIME TELEPHONE NO. �� C1�j�( Z�p C�DE J'� (� � 1. Property interest of applicant: (owner,contract purchaser,etc.) � �\\� � `. , , 2. Name of owner (if different� ��- t� � '� ` � .�<y!j z' , 8. Property Description: ADDRESS � r.`�'— �',;� l' " ' �-�'""i�� 1. Legal description: LOT BLOCK ` � `�;" � ., . ��l � �,;�;. ', � s. �oc size: .�J X t� � , ��,;,�- ,�� . � 3. Present Use -1C�%V�'�'`i� '�`y c1� Pr ent Zoni g Dist. _T=� � c �� I C. Reasons for Request: p� �� 7 • , fi i y 1. Proposed use /�--fC1 r � r C!' t ��r� �� C_ � � `� y � ' r ; , � . Wha �4sical characteristics of the property prevent its being used for any Qf the permitted usea �i y r�one? (topography,soil conditions,size and shape of lot,etc.) . � ' 1 ,u��;r i �� I �� v� �e � � � nc� c� � ►� � �� r - 1� �� G�� I�-- � rar�� , �4► � ; 3. ta the specific riation requested,giving distances where appropriate. i i ��j� 1/a-Y �Q v 1 C E'� 'T'YO r'vl �� i ! � �� (� ' � � , � /} I � (' t '"t° C', �E��>,��i r c� fC� �� '�u��c� 3�c.fc . �';�E lain how your case conforms to each of the followin0: i � 'm. a. That the strict application of the provisiqns of the Zoning Ordiance would result in peculiar ` � `� or exceptional practical difficulties,or exceptional undue hards�psy / /,,/ � �.��s ' f��'Y� --� -Tdr�'r � � � c� /L` � ��r ��' ,P c�`„ l% �`' � �►Ir" "f' �k t � , .�,,. � { r �� L � °� (F' -��' U1 -E' ': �� r`�l� ,� �� r�r ;-�/ -. �-uc� �-� e , , CASHIERS E ONI.Y � . That the granting of a variance wifl not be a substantial det�iment to Npublic good or a substantial i�pair- /"- �� ment of the intent and purpose of � r � ) l-�� /] �/ ' t e Zoning Ordinance. � �� •� ) "A � V". C�{f" !c� �t�,,C, ( � � � ��, .I I �/ �� / ri �t I r,��l (�i '�c � �l-�-��FC - r'� � d��,��E-' t�'iC; C'DDtit �� I��f-�� ' ��, NOTE: THIS WILL NOT B�ROCE E WITH�qT A COMPLETE SITE PLANI I � < <--j—�( y /r�� Signature / � \ ,� V"�-�� ! � j p`at9 Rec�ived . ! .. .. ., �..., /J � � F Y � \ CITY OE ST. PAUL DEPARTMENT OF FtNANCE AND MANAGEMFNT SERVIC�S ASSESSMENT DIVISION �" r'^; }"�t''�j� 21'8 CITY HALL ST.PAUL,MINNESOTA 55102 �' � � � ' � August 29, 1980 File X 2568 Page Zoning File 8678 The Council of the City of St. Paul will hold a public hearing in the Council Chambers of the City Hall and Court House (third floor) at 10:00 A.M. on September 18, 1980 oa the: Application of T• J. Hurley for a Variance to construct a garage located at 745 Ohio Street being legally described as follows: ;, North 51.75 feet of West 30 feet of Lot 3 and except North � 51 .75 feet; the North 2/3 of Lots 1, 2 and 3, Block 97, Banning and Oliver's Addition. If you would like further information about this hearing, contact the Current Planning Section of the Planning Board, Room 1202 City Hall Annex -- 298-4154. While the City Charter requires that we notify you of the hearing, we want to help you to learn fully about any improvement that could affect you or your community. 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 . . ° ."�, �f`,��r:P°°gri`�°Y• r R°' + y*�� Q� ° _ �,r o...�.��n�u�.m. _��,��=Y �F��,,. CITY OF SAINT PAUL _�� ,� ;;_,,, �; � �-; OFFICE OF THE CITY ATTORNEY �� [�'i�� EDWARD P. STARR, CITY ATTORNEY ;� L�ntA iilu ^`= ,eS. , 647 City Hall, Saint Paul, Minnesota 55102 `�'° 612-298-5121 GEORGE LATIMER MAYOR September 25, 1980 Rose Mix City Clerk 386 City Hall BUILDING Dear Ms. Mix: Enclosed please find a resolution denying the appeal of T. J. Hurley and upholding the Board of Zoning Appeals in his request for a variance for his property at 745 Ohio Street. Yours very truly, JEROME J. SEGAL Assistant City Attorney JJS:cg encl. ,. �:.: �. _ tfb/�3 ZONING STAFF REPORT � ' �� • 1 . APPLICANT: T. J. HURLEY DATE OF HEARING 7/8/80 2. . . . . . . . . . . . . . . CLASSIFIGATION . . . . . . . . . . . . , . CURRENT PLANNING & ZONING COMMITTEE BOARD OF ZONING APPEALS Rezoning I� Vartance CX� Special Condition Use ❑ Administrative Review ❑ Determination of Similar Use ❑ ' Other ❑ Change of Nonconforming Use ❑ Other ❑ 3. LOCATION: 745 Ohio St. (SW corner Ohio and Sidney) 4. LEGAL DESCRIPTION: North 100 ft. of Lots 1 , 2, and 3, Block 97, Banning & Oliver's Addn. 5. PRESENT ZONING: R'4 ZONING CODE REFERENCE: 61 .10](d) 6. STAFF INVESTIGATION & REPORT: DATE 6/26/80 gy Laurence J. Jung -------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------- ; � A. PURPOSE: Applicant requests variance of the setback requirements for a rear yard adjoining a s—e yard in order to construc� a 6'6" high privacy fence. B. FRONTAGE & AREA: This rectangular corner site has 100 ft. frontage on Ohio Street and 150 ft. on Sidney Street for a total area of 15,000 sq. ft. C. SITE/AREA CONDITIONS: This corner lot is located in an older, built-up, single family neighbor ood. A duplex is situated in the northeast corner and a new double garage is in the southwest corner. There is no a11ey access on the block. The topography of the site is level although properties to the south are higher in elevation. The front and part of the side yard is cyclone fenced. A 6'6" privacy fence now exists along the west property line almost ta the sidewalk line. A large tree is situated adjacent to the sidewalk along Sidney midway 6etween the applicant's driveway and the rear entrance walk. D. VARIANCE: Section 61 .101(d) requires all accessory structures in rear yards that adjoin a side yard to meet front setback requirements that apply to the district. Front yard setback line on the south side of Sidney between Ohio and Seminole has been determined to be 26 ft. The Division of Housing and Buildi.ng Code Enforcement defines obscuring fences or walls if they are in excess of 20% above a height of 3'6" to be accessory structures. Accessory structures on corner lots are subject to Section 61 .101(d) , there- fore. Applicant wishes to construct the 6'6" obscuring fence up to the sidewalk line and then eastward to the rear entrance walk. A 26' variance is requested. E. FINDINGS: l . Applicant contends the basis for hardship is to provide privacy in his rear yard. The Ordinance, however, requires a hardship to be based on some physical character- istic of the property, such as exceptional narrowness , shallowness , configuration or topography, that would cause undue hardship in meeting the strict requirements of the Ordinance. 2. The subject site is overly large--even for a duplex. It is regular shaped and does not have any other physical limitation that can be considered justified as a basis for variance. Hardship in this case is considered self-created. 3. The Division of Housing and Building Code uses Ordinance #16253 {see enelosed) along with the definition of accessory to include any structure erected and having location on the ground. Since fences are erected and have location on the ground, they are considered accessory structures in terms of applying zoning restrictions. Section 61 .101 (d) restricts location of accessory structures on corner tots that adjoin a side yard to the setback required for a front yard along that street. 4. Granting of this variance could impair the supply of light and air to adjacent property and also impair the intent and purpose of the ordinance in that an obscuri�ng structure may impose an element of danger since sight distances are affected. 5. The variance request does not appear to be sought primarily for economic gain. 6. A variance would not be required if the "structure" were to be not obscuring, or if the �rnnnco�l fcnCA Wpro t0 F�e i�cta'(1@� a minimum of 3 ft. from thP west lot �?!1? 3C!� 26 ft. from the north lot line. F. STAFF RECOMMENDATION: Based on Findings 1 , 2.arad 4,and the fact that no hardship has been demonstrated, Staff recorrmends denial of the requested variance. . e ,�rrr��a �.�� i. / / 1 .♦ 7�� / . �rvu�1\.�i � ,�( ^ ` , . �wA. PAMiN[Ni � �1��' � �� 1I ..♦ ��. . L� 1 ��'.� .. ._� ,_�,.��o� � - Ftte N0. _ '� � � � • � ��/`vL�CG Ordinance NO. 1�(% ��_,. ,.�,. }�.- �� <<a oy � o�'�!��'�.�� f�:;� � • � � Re!'erccd 'Tu _ �� Committee: Uate • •'��*.; • • Out of Ccr��miltce.By_ � — D�te Ax� ordinanco atn,nding O�rciina.nca rio. 157'30 . " ' dcloptESd NOVC:i��bC�C 5� 1974r pC'xt.a3.nil�g to • " - • �� uilclinq construction ancl fencQ require,m�nts. • , , � �'�; Ca[JIJ�:IL Q? 7�iL' CITY US SAI�iT PAUL DOES ORDA�D1: .�•; : � , , , . ' : _.� � Soction 1. : , � .t That 6��a:�-�y- Para�rlph 1,_ Subsection � .09, �at�ee--�r . Sect�on 1 of �Dr.�iz:anco �70. 15730, Council Fila 2�0. 264414 adopted � � . Noveml�er 5. 1�74,,�„ pr�sently encodod as Sec�ion 25.09{lj of the � � Saint Paul, L.�Aislativa Co, de., bo and tho saruQ is hereby atncnded as follows: � � � � � . ' . ,r69-�eneeo-----Rec,��re�nea�a . , . 1. �tciy2it of P�nces. ' Zto ferico shall b3 erectad exceeding six ',�� ` feet ��.x inches (6' 6") it� height above tho sidewalk or. finished clrade of any lot in a rosidonco district or on any lot occupied for re�lcicntial�y purposes. Fence� and .311 supnortinq s.tructures shall he com�l,�toly t�ithin tho bou.ndar3.ea of such Iot:_ All fences , � er�ctad b�tt+roen t� front property lina and be��r��a�-��r�e-e�e��r � . � " �eerag,�x-�N�l:�►-��e��ea-G9,�82-��-�e-S�:�--�'ecs�:-be�#�s�e��.v�-�2ads:�he' _.. . . . ' � ��.'ranb front setback li'f,o as defined iz� �ction G�.336 of the St.= _ .: -. , � -- . . • S��int Paul Ir isJ.ativc Codo shall be no mo - -tliani thres fQet six' '� • �� inchos (3' 6p) in h�iqht. • e:�ee�a�-�+ke�e q�ek�ft��--�he 36e��ola��tva �,` E?ed�r--f,�c�fdrr6�,�3r �rev3c�ed--��ka�-€:.•�,ee9 Fences not obstructir.� vi�ian to an extent �.n e..YCess __v_f 69 20 p�rcent �.bwQ a'heiq.ht of three teet six inchas �3' ti") �shall bc� exem�t frorn th� re�txictione herein. COUNCiL,hfEN � � ` � � � Ne� Requested by Depbrtment of: t��i�r � ' Cor�n�nit 5ervlces • � . � Houa . � In Favor :�� ii►�h� - � L.cvtnc . ' Agalnst _� r� �' „ Kc�cdicr ' Sylvatcr � , � � , , � , -' . . Tedescu , , . - � Form Approved by City Attorney � .; ! by Council: Da1e � - .;ed �nssed by Councll Seccataty . � � By — ' ,� .: ed by Moyor. Date Approved by btayor foc�ubmisq�on to Council By��`.t.��n �.1 � . �'�'' .� s�.. _ . � . . . �. . _ __ _ . .,. . ._ _ � _ .. . . � �s� _ w j . .. . � ...... . ,": �.,.F ' . �.. . '� r� • , ,=�,s..-' ( . �i ��J ZONING BOARD � � ' ; . . _ ,- ``�� • ; APPLICATION FOR ZONING ORDINANCE '�►B:I��L 3 � CITY OF SAINT PAUL z t A VARIANCE OF 20NING CODE CHAPTER ,SECTION `I D PARAGRAPH�,_ IS REQUESTED IN CONFORMITY W TH THE POWERS VESTED IN THE BOARD OF ZONING AP— � � 11 PEALS TO PERMIT THE J [ O d P C ON PROPERTY ;E � �� r DESCRIBED BELOW. � A.. Applicant; NAME: (��L� � ADDRESS ; , t� ��r !U � ; S�c. ' DAYTIME TELEPHONE NO. �Z�d ZIP CaDE �� 1��;' � x t. Property interest of applicant:. (owner,contract purchaser,etc.) t c�� =: � . �`�� : . _ 2. ' Name of owrter (if different) ;�� _^ �� _. `_ - � _ �c� . ;�,�� B. Property Description: AQDRESS l' ' �,� c��',, ,:' ��- i�� ,�"�,� , L Legal description: LQT B OCK ' . ;. :�:,?. qqp: ', „ ----.^��-,:. �, � � ��, �,��. . ' t _ . 2. Lot size• � .� '��' -1J�'' . - j . � �� •_ �,� � � 3. Present Use ��- Pr ent 2oning Dist.T= � 4 C. Reasons for Request: �// 1. ProPOSed use �� Q� �� f r� V c�y C, � y _ � . � - � , _ . Wha �{�sical characteristics of the property prevent its being used for any of the permitted uses �i y r'�one? (topography,soil conditions,size and shape of lot,etc.) . �s�e F s [�b�5 �ri, �e � ra nd �.d t � � d �?e r� h ��?o� �'� r (-�- a c-ot�a�� , 3. ta the specific riation requested,giving distances where appropriate.� ,�. _ � t. �j 02.(�� V�Ir`UvIC �,J pm o�� ' � �7 ( c� C�1 �.C� e �;P � , . .°.� , , . r�"' . _. :f° .o la�c��e�aF c�`. �E lain how your case conforms to each of the following: a. That the strict application of the provisions of the Zoning Ordiance would resutt in peculiar � or exceptional practical difficulties,or exceptional undue hardships � ��. Th Pr P f S a /�� r � 't r �: � y , a� �� 4�-� , � /r �c' �. �rP �-' �t 7� ��e �-P v1 -2_ '''_� � ,. � +`G� J s a !�r��' � r u C � u " ` y CASHIERS U�.SE ONLY �-��.� O . That the granti�g of a variance wifl '+}i � not be a substantial detriment to .;�3��; �� Npublic good or a substantial ilnpair- �G � �,Z�3 ment of the intent and purpose of � �� _C�/f� � , t e Zoning Ordinance. � ' ) J � ��•� - � � - '��' ' h��s �� -� �" 6 1 � - w��i� 'n�- �-�`e � � � ` �2 d tl e. �'?0 CD l�►-t �%��i �� , � � � � NOTE: THIS WILL NOT B PROCE E WITH UT A COMPLETE SITE PLAN! � - t �._. -` � Signature . � � i � ' � te Rec�ived �� -- __..._. ___�__ --__. ________ .�.__ _ _.,_ __. .. _._. -�...�..__.__ _r__ ,,._..__�...__.-.._�.--.____...�..... �. � •� ,. ,+ ..� . . . . . - .. .. . . .. .. . . . . . .. ... . .. : . . . ' ;; ^ �WAYNB M�; ..�".' i.. ., . . . � ' -' . � ' � } S 4 ' . ��M .. � � ' . � , . . . '.'� '� 3 1. '` . ... � ' , F�tOM THE OF�r10E OF .: �� : . . �'AVt, f�. 1V�C�,A .r�'Al� 8t � , _- ;.. ..�i��a`�I��ii� 233 Uaicots Avenue WEST ST.PAUL.MINN.55118 : Y 1 Minncsota Rcgis[ered[and Sorveyors r� YL ��i��L� - J Hsreby Certify tltat this plat shows a survey made by me of the prop- �. ��_� erty described on this F'at, and that the corners are correctly placed as show�.` _ ' -'---.:it.. el�n�tln ��` 6��( � hn' a 2� P��g �sr �� /��s,� _ _ . . c��L� �� 'o _ _ _ _ _ . _ _ _ ��" _ . _ __ . ___..___.: ___.... Y.... �� 7�' �j�,� �i.9�� - �Gc��.�' . y _ ___. ._ _` . ��/��s s - 3a G w. s i�n.Ey __.__ _ _. _._ :_. _.__.._____.__ _,..�_ �.�"�G T/�.�/� /� _ � �� =/�,ucr G a�;v � �L . � _ . _. __ _ __. . . �r��' �,yc), /� ;��,�- s�,ol�- .l�.�l!{ 4�d u � � ._ __..`. : ��a �/� �iy li��s,o ,� �-tiyi�� d3.4cJ�/,vy iC!t�_. _ ./ . �/�I� � � T a /= 7`/-�l� d� r v�� ,4 y� S �',�'�vc�.. . ,/ S ,lU t� �'S T Tb /L1 l�, � . �/�`�' /�!�.�� I�-�s Sk v�zti� s��►�l z � c/��'�lja �,� _. T��r ��-�y �� r��,� ��.s 5�� ,� �1�. � _ _ _ __ . ._ _ _ __ _ . _... _ _r.__._�, .. i � , . __._�_ ___._.._,..__. � � �� . . � � 5 k�s _ .__ � . ._ u r _ : . . _ � _ � _ _ _. _ _ � _ � . . _ . _ _ Na 11 i nu 0.�te r,t�a t�n �.� . , . , ._ „ .__..._ _. .._ -.___.- -.�___ ..,__. . _. __� �_� _-�.-�- ,.,; . .: _ -- --___�._.._.�__---�----�-.�-___.•�.��.-�-.s..-��,�...:�.� - A � ��.r6.�, r . , � � � �7 �'�a� :':i• - fi P!�f;-o-; `,`o =�..�, �c:". -• �.'. x�•, r.a ! F �� .� � ' '�_'... .� _ • • • • • �� • • • • � . • � � . • � � • • . � • , �`y,` • . � • : ' ' . � .� • . � • '..-. � � • • � � • r`�; � • � • � � � � • � • ' � � • • : ,. . _. � � ��.� .�., - �' =:��-� � :;:� '" ir"�� • • • ,1 �*�°'�. � ��-�:� • • • • • �� j �� ;,�:: ��.:.� � � .:�� -,� _ �,,1��,�;, �� , - .�„ � . ->--- ..�.- �;: ' a.,�:.v�. � `* _�• � � � � ��, •�;�._... Y��,.`..� . j1 t±. ' � f; , � � � • � �,� � � � � � � � � • - � :°°-F • s i • • • • ` � . • • • i • '• : ■ � � � • • • • ; • • • • • � �� • • i . t' • • � �� • • • . � � �� • � � �j� � • • • . .� � � • � ;• � • O • • � �` � • • • � • • • ` . • � � ` . .� e' r i � � :�� • • • � . • • • • ��l� • • � • • • � = . ' . :J I � ! � � � p . /� � , � i. 1.`.:.tic.�'.�-rt,Y.,`�I.H...�hµ��L�.�.., � �.�t� y Y � t $'� 9 Si��i�}fj��`�.�! �L�i - � � � � - �' ti,. � � �� k�'�� ",�,'-: ` ;� '• � • '^'6;�: ,� S � � , � ^ '; • i� � � � N • S /� '� �a�� t�t �� •_,s ! ��r�, .� _ :�� <:��- ;�,�� ' •� • � !! t! • • • � �� • • � 11 .� r�y� � a Y� i.� � ; •.� � � � ri y��Y. � � � � �-,��.� � � � � ;=. -�; �`s; � � � ' ��Y=�. � • � • • • • • � • � � i • • �_��;J • �Y�- s��,�,. � =� ;� :ib ��,=: � � • • • � � • • �� • • . • l.P��t• � ��A�� :��r � C0� • C' ��`��:�: l " ♦ � r . . � � � / � � : • i � - . , � ' • %/%/ = - - . . � �. • • . . . . • � • � • • r � � � � � � . i � � • • ` � • � - • " ' • . . � , : • + • � . . �; �� . � ^ � �,��_ _ ---- _ � r'S'r'r--�—•— — _------ ��jr�`�}�,�,+ , ^' � '�,',� � ��j� --,'l F#tOM THE OFlr1C� {�F ��;;;, , . ,.�: �'} � �:� , . PAUI. R. 1VIaLAG.A�►1�T � �►��F �I�!iM��i�r�� 133 Uakou Avcnut WEST ST.PAU4,MINN.SS Ud R', �� Minnesow Rcgiscered tsnd Sun�eyors `,`;' � ,� p 1 H�reby Csstify tllat this plat ahows �t survey made by me o�' �he p�p- erty described on this F'�±, and that the corr►ers are correctly pla�ed as shQwt�� aud th�t all locations� encroachmenta; etc., have,beer� carre��ly sla��r�. ,,�•,f�, ° � ��, ,' ;,;� , , . . � ,� .� �"°�'�' � � " Pe� I�u�ley .L ,. WA E � ,,• � For. ......... . . ....... _ .... ..... . ......�.��....�..I� . . .. yN . c1.A AN, �a��►��1°� � G ' � A r�l 17, 1979 ` � � .�.,....�.. ............. ..... .............. . .... . ........ _. ,. ... ........ . .... ...... ... ._ -.. ' " h+ :,� �� , �.�.�� 1 ��nch a 30 feet � �,,� � . , �.. ��S � ,..:_::..:. ... ......! .., . :, ... ...... . .. ...,........ _ .........._.. .... . .... ........... _... � . �t,.. ,....,.c�'�*� � * )A. � ,, � �� < k �. � , �G�� , �: � , . , . " , DESCIt�PTIdN - .. . , . V.�.'�I " (. . . . . � . . . f .:4 �� ' . ' .. . r. .. . .. � � . .,. � Tt#e no�th 5�.75 feet of that part of Lota 1, 2, a�d 3, Iyiqg !�Ae� .Qf y&a , �� .:,;� the eas� 12Q.0 feee thereof and that part af ths nozth 2/3 oP �ai,d� �, ;,'�;��;�'�� , $ � � I.ats 1, 2, and 3, lying south ot the north 51. 75 fe�at tt�r�o�`, ��.�,' ' ` ,�it , �� , � i� $lo�k �7, Banning and Olivier's Addition, accoxding tA th� p�e�� '''� ^ , a;r a �"��%_�k ; , ,,': , � � �he�eof on �ile in the off ice of the Cc�unty Reco�d�r, �w�'�y C�Au�a�,�, ''�� ^��: �° . ,,.� Mic�nesota . 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