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275519 WHITE - CITY CLERK 2�5��9 PINK - FINANCE � CANARY'- DEPARTMENT -G I T Y O F S A I N T PA LT L COIl[1CII BLUE - MAYOR File N O. Resolution , , Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, Lorraine M. Okonesky applied to the Board of Zoning Appeals for a variance of the strict application of the provisions of Section 61.101 of the Saint Paul Legislative Code pertaining to side yard setbacks for single family homes in an R-4 district so as to permit the construction of an extension on the west side of the house that would be 2 ' 7" from the west property line; and WHEREAS, following a public hearing with notice to affected property owners, the Board of Zoning Appeals by its Resolution No. 8631 dated May 27, 1980 denied the variance requested; and WHEREAS, acting pursuant to provisions of Section 64.204, the applicant appealed the Board of Zoning Appeals decision to the City Council; and WHEREAS, acting pursuant to Sections64.204 through 64.207, and upon notice to appellant and other affected property owners, a public hearing was duly conducted before the City Council on July 24, 1980 where all interested parties were given an opportunity to be heard and the Council having heard the statements made and having considered the variance application, the report of staff, the minutes and findings of the Board of Zoning Appeals, does hereby RESOLVE, that the Council of the City of Saint Paul does hereby grant the side yard variance request for the property located at 1777 Jefferson Avenue (Lot 24, Block 3, Macalester Villas Second Addition) so as to permit an extension of the house to within 2 ' 7" from the west property line, the basis for the variance is due to the exceptional characteristics of the site relative to placement of the house on the site, that supply of COUNCILMEN Requestgd by Department of: Yeas Nays Hunt �evine In Favor Maddox McMahon B snoweiter __ Against Y Tedesco Wiison Adopted by Council: Date Form Approv d b it Attor y Certified Passed by Council Secretary BY By __ Approved by :Vlayor: Date _ Approved M oc for Submission to Council By _ — By WHITE - CITY CLERK 2'�5�� 9 PINK - FINANCE �pNARY" - DEPARTMENT � G I TY O F SA I NT PA LT L COQIICII ��.` iLUE - MAYOR File N O. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date light and air to adjacent property would not be unreasonably impaired, the intent of the ordinance as pertains to health, safety, morals, welfare, would not be impaired if the variance were granted and the request for variance does not appear based primarily on a desire for economic gain; and, be it FURTHER RESOLVED, that the Housing and Building Code Enforce- ment Division is hereby requested . to review the cleanliness of the yard at this property every 30 days for a 12-month period, and further that the Division make a quarterly review of the yard status for the next succeeding two-year period; and, be it FURTHER RESOLVED, that the City Clerk shall mail a copy of this resolution to Lorraine_ M. Okonesky, the Zoning Administrator, the Planning Commission, the Board of Zoning Appeals, and the Housing and Building Code Enforcement Division. -2- COUNCILMEN Yeas Nays Requestgd by Department of: Hunt �evine In Favor Maddox McMahon B snoweiter __ Against Y — Tedes�..^� w�i�o�-.. pUG 2 6 �g�� Form Appr ed y it Att ey Adopted by Council: Date — Certifie . •ed by Co .il S ret y BY � By Approv ;Navor: ate � 2 4 �qRn Approved by o for Submission to Council By BY PU�BLiSNf D S E P 6 19$� � �°'`°`�'� ��°� � CtTY OF SAINT PAUL _'a`�trr o�a,,.' `6J..:...'�. _� � ��`. '; ' �`, DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT ;� �� ;nm� ro� ';,V Ilii lil 11 ^_ � ' r = DIVISION OF PLANNING �r"`= ��'� � 25 West Fourth Street,Saint Paul, Minnesota.55102 Jr: �mn:o. GEORGE LATIMER 612-298-4151 MAYOR July 17, 1980 Rose Mix, City Clerk Room 386 City Hall St. Paul , Minnesota 55102 RE: Appeal of Board of Zoning Appeals Decision Zoning File #8631 - Lorraine Okonesky, Appellant Dear Madam: This letter is in response to the appeal filed by Lorraine Okonesky to a decision of St. Paul Board of Zoning Appeals denying a variance request to allow an addition to her home within the side yard setback area. The subject property at 1777 Jefferson is located on the south side between Fairview and Wheeler and legally described as Lot 24, Block 3, Macalester Villas 2nd Addition. On May 13, 1980, the Board of Zoning Appeals held a public hearing pursuant to granting a 1 '5" extension into the required side yard setback area of her home in order to enlarge the dining room space. The addition had already been started prior to the hearing date apparently without a building permit. The west side of the house is 5' ll" from the west lot line and the extension would have been up to 2'7" from the line. Minimum side yard setback in an R-4 zone is 4 feet. Staff recommendation was for approval due to the characteristics of the site relative to placement of the existing house and the fact that the house on property to the west was shown to be 17 feet from the common lot line, thereby not effecting an adequate supply of light and air to adjacent property. Five letters plus a petition with 30 signatures was received in oppasition, and one letter was received in support of the variance. The chief concerns were that property values wauld be lowered, fire protection could be effected and a building permit was not sought. The letter in support contended that the improvement would increase property values and would not be a detriment or hazard to the neighborhood. After considering all testimony presented, Mr. Grais moved to approve based on staff findings 5 through 8. The motion failed for lack of a second. . Mr. Parrish then moved to deny based on the fact that hardship was self- created and that the addition would be a detriment to adjacent property by reason of no apparent physical limitations associated with the size or shape of the property. Mr. Peterson seconded the motion. The motion passed on a 6 to 1 vote. The variance was denied. This matter is scheduled to be heard by City Council on July 24, 1980. Sincerely, �� . � Laurence . Jung LJJ/mb Enc. �rJ , . ��°°"�� CITY OF SAINT PAUL *, ,�::,�, �j~'� "�';�; ��.� OFFICE OF THE CITY CLERK ':: "'�--L'L �� BUREAU OF RECORDS , . _ � �••• � 386 City Hall,Saint Paul,Minnesota 55102 ��:m,,,...,�.�. GEORGE LATIMER 612-298-4231 MAYOR June 26, 1980 Mr. Paul Desch Finance Dept. _ Room 218, City Hall ` St. Paul, Mn. Dear Sir: The. City Council set a date of hearing for July 24, 1980 to consider the appeal of Mrs. Lorraine M. Okonesky, 1777 Jefferson Avenue to a decision of the Board of Zoning Appeals affectino property at 1777 Jefferson Avenue. Will you please send notices _, _ to property owners as required by law? Very tr�ly yours, Rose Mix City Clerk Attach. ABO:la cc: `° Planning Staff, Zonin� Section Building & Housing Code Enforcement Div. �O � � . _ _._�. �.. . . .. .. ......�.. _ t...�._��.,�_.- � � . _ _ . _ _ _ : .. .. , � ' � �`Aa��.� � MEIER. KENNEDY & QUINN Atrorneps at LaM� WILl1AM C. MEIER SUITE 430. MtNNE50TA BUILDING ALO15 D KENNEDY.JR TIMOTHY P OUINN SAINT PAUL.MINNESOSA SSt07� GORDON W. SNUMAKER � 226-8844 ANDREW J. EtSENZIMMER � � NOTICE OF APPEAL TO: The Honorable City Council City of Saint Paul City Hall and Courthouse Saint Paul, Minnesota 55102 ATTENTION : Rose Mix� City Clerk You are hereby notified that the undersigned, legal counsel for Mrs. Lorraine M. Okonesky, 1777 Jefferson Avenue, Saint Paul, Minnesota, for and on be- half of the said Lorraine M. Okonesky, hereby appeals, pursuant_to the laws and ordinances in such case made and provided, the decision of the Board of Zoning Appeals, made and entered on May 27, 1980, denying the Application for Zoning Ordinance Variance, dated April 22, 1980, made by the said Lorraine M. Okonesky, in order to permit a dining roorn addition to her home- stead located at 1777 Jefferson Avenue, Saint Paul, Minnesota, legally de- scribed as follows: Lot 24, Block�, Macalester Villas 2nd Addition. This appeal is based on the following: 1. That all requirements necessary and proper in order for the granting of such a variance, as requested in the application, were fully met, including the recommendation of approval by the Zoning Board Staff, as set forth in the Zoning Staff Report presented at the initial hearing of the Board of Zoning Appeals on May 13, 1980, 2. That a fair and impartial hearing was not granted the applicant at the hear- ing of the Board of Zoning Appeals, and 3. That the said decision of the Board of Zoning Appeals denying the applica- tion is arbitrary and capricious and not in accordance with law. Dated: June 20, 1980. MEIER, KENNEDY & QUINN � � . � � Timoth P. Quinn cc: (See Page 2) 1�ttorney f r the Applicant, Lorraine - M. Okonesky 43U Minnesota Building St. Paul� Minnesota 5510I 226-8844 _ _ � �� city of saint paui board of zoning appeals resolutian zoning file nur�ber_8631___ _ da�e -----Ma� 2� , ,980 WHEREAS, LORRAINE M. OKONESKY has applied for a variance from the strict application of the provisions,of Section 61 .101 of the Saint Paul Legislative Code pertaining to required side yard setback regulations for principal structures in an R-4 zoning district, and WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on May 13, 1980 pursuant to said appeal in accordance with the requirernents 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, made the following findings of fact: l . That no basis for granting variance has been demonstrated by reason of exceptional narrowness , shallowness , shape or area of the property and that no undue hardship as distinguished from mere inconvenience to the applicant has been proven. Any resulting hardship has been self-created. 2. That granting of relief for the amount of variance requested would result in a detriment to adjacent property in that an adequate supply of light and air would be impaired and established property values in the area would be affected . 3. That granting of this variance is not within the intent and purpose of the Ordinance. NOW, THEREFORE, BE IT RESOLVED, by the Saint Pau1 Board of Zoning Appeals that under authority of the City's Legislative Code, Chapter 64.206, the variance to permit expansion up to 2 ft. 7 in. from the west lot line be denied , for property at 1777 Jefferson and described in the legal description of the application for variance and the site plan attached hereto. m ov�d by Ms. Summers Oecisions of the Board of Zoning Se C OI1�ed ��/ _ Appeals are final subject to appeal Mr. Wo�ds to the Ci ty Cour�ci 1 wi thi n 30 days in favor 6 by anyone affected by the decision. against , _ ' �`��»"�+✓�..� J�4, MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS IN CITY COUNCIL CHAMBERS, ST. PAUL, MINNESOTA, MAY 27, 1980 : PRESENT: Mmes. Morton and Summers; Messrs. Grais, Kirk, Parrish , Peterson and Woods of the Board of Zon-ir�g Appeals ; Mr. Jerome Segal , Assistant City Attorney; Ms. 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. APPROUAL OF MINUTES On a motion by Ms. Summers, seconded by Mr, Peterson, the minutes of the May 13, 1980 meeting were unanimously approved. OTHER MATTERS A letter was presented to the Board from the Attorney representing . Mrs. Okonesky, Timothy Quinn, reyuesting that the Board of Zoning Appeals reconsider the application for a variance request and reset a new he�ring. It was the consensus of the Board that Mrs. Okonesky did have a fair hearing. Submitted by: Approved by: .., �UU,c�u'ti"'.e--`�•C�'.�"'�/ / ��`��,C C -� `��,--G yL � ( V'�.b- � Laurence J. Jung Gladys Morton, Chairman � � - �� MEIER, KENNEDY & QUINN Attorneys at Law WI�LIAM C. MEIER SUITE 430. MINNESOTA BUIL�ING ALOIS D. KENNEDY.JR. . TIMOTHV P. QUINN . SAINT PAUL.MINNESOTA 55101 GORDON W. SHUMAKER � � � 226-SH44 ANDREW J. EISENZIMMER . McL37 2 1� Z9HO Ms. Gladys Morton, Chairman � Board of Zoning Appeals City of Saint Paul 25 West Fourth Street St. Paul, Minnesota 55102 � Re: Lorraine M. Okonesky (#8631) 1777 Jefferson Appeal for Variance (R-4) Side Yard Setback to Enlarge Dining Room Dear Ms. Morton: The undersigned is legal counsel for Mrs. Lorraine NI. Okonesky, whose application for a variance covering construction at her home at 1777 Jefferson Avenue, St. Paul, was denied by the Board of Zoning Appeals at its meeting on May 13, 1980. � Mrs. Okonesky was not well and was unable to appear at the hearing and pre- sent her application on her own behalf, and her daughter attempted to do so. I was not contacted in regard to this matter until last Friday, May 23, 1980, just before the Memorial Day weekend. I have examined the Application for Zoning Ordinance Variance filed by Mrs. Okonesky, the Zoning Staff Report and copies of three letters from neighbors who objected to the variance, with- out stating any grounds for the objection. I am also advised that the objectors were represented very ably by lega.l counsel at the hearing and that the therr�e of the objection appeared to be a dis- like for the applicant and a desire to penalize her for having failed to obtain a building permit prior to construction. It appears to me that the applicant`s side of the matter was not adequately MEIER, KENNEDY & QUINN Ms. Gladys Morton, Chairman - Page 2 May 27, 1980 Board of Zoning Appeals presented to the Board, and that most of the very favorable facts in support of the application for variance were either not pointed out or inadequately stated, so that the Board received a very biased and incomplete presentation of all of the facts involved. , � I believe that if the $oard were to give the applicant an opportunity to have her position fully explained by competent legal counsel that the total facts involved would then be known to the Board and the Board could then make a decision based on all of the facts. Because of the unfortunate situation in which Mrs, Okonesky finds herself as a result of the inadequate hearing, from her standpoint, I respectfully request that the Board of Zoning Appeals at its meeting today, May 27, 1980, at 2:00 p.m. , move to reconsider this application of Mrs. Okonesky for a variance and reset a new hearing at which all the facts can be presented by all parties concerned. Your consideration of this request, which I acknowledge is unusual but which I believe is reasonable, will be greatly appreciated. Yours very truly, iViEIER, KENNEDY & QUINN Timo y P. Quin� . TQ:rn cc: Member of Board of Zoning Appeals: Sam Grais James Kirk Willard C. Parrish William Peterson Gayle Summers Vincent Woods MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS IN CITY COUNCIL CHAMBERS, ST. PAUL, MIPdNESOTA, MAY 13, 1980 PRESENT: Mmes. Morton and Summers; Messrs. Grais , Kirk, Parrish, Peterson and Woods of the Board of Zoning Appeals; Mr. Jerome Seqal , Assistant City Attorney; Ms. Lane of the Division of Housing and Buildin� Code Enforcement; Ms. Beseman, Mr. Bunnell , Mr. Jung and P4r. Torstenson of the Planning Division Staff. ABSENT: 0 The meeting was chaired by Glady Morton, Chairman. LORRAINE M. OKONESKY (#8631 ) : A request for variance to build an extension into required side yard set ack area in order to enlarge a dining room at 1777 Jefferson. The appellant was present. There was opposition present at the hearing. Mr. Jung showed slides of the site and reviewed his staff report with a recommen�ation for approval of the variance request. Debra Okonesky, 1777 Jefferson, stated that she was speaking for her mother who was unable to attend the hearing. The two houses are 17 feet apart and the area between the property line and their house is currently being used as a kennel . It has not been used as a walkway for about 2 years and they plan on having a concrete slab poured there to facilitate cleaning. : She said they would, if necessary, accept a smaller addition. Mr. Parrish asked the appellant who was doing the work and why they had not obtained a building permit? Debra 0' Konesky replied that they were doing the work themselves and had not obtained a building permit because of procrastination on their part. James Reding, Attorney representing Mrs. Boland who lives next to the property in question, stated that Mrs. Boland initiated the request as to whether a building permit nad been issued. He presented a petition signed by approximate- 1y 30 neighbors requesting that the variance not be granted. It was the contention of the neighbors , particularly Mrs. Boland, that the variance would bring the addition far to close to the property line. They felt it would reduce the value of the property next door and may well reduce the value of property in the neighborhood. He said the task was undertaken without a building permit and had a request been made for a building permit, it would not have been issued until a variance request was made. He did not feel there was any hardship in this case. He felt that the addition should conform to the 4 foot � requirement and that a portion of it be removed. It was installed without a building permit and it would be improper to condone this type af activity in the city. Hearing no further testimony, Ms. Morton closed the public hearing portion of the meeting. Mr. Grais made a motion to approve the variance request based on staff findings 5 through 8. The motion failed for lack of a second. .� � _ . . _:_,__ ____._ . .�.,..,� _. _ .._ ,.....�..<.._. ....,.,�.._.....,..�. - � LORRAINE M. OKONESKY (#8631 ) PAGE 2 Mr. Parrish made a motion to deny the variance based on the fact that the hardship was self-created, it would be a detriment to adjacent proeprty and� there was no apparent physical limitations associated with the size and shape of the property. Mr. Peterson seconded the motion. The motion passed on a roll call vote of 6 to l with Mr. Grais voting against the motion. Submitted by: Approved by; , • ,��'�wf.� �_ � � � � .�� .y�� Go .n.-�.� Laurence J. Jung Gladys Morton, Chairman _ _ _ ,� _ __ �., _ ...M,.. �,..,_..,_........�..,�._........a:�_,�..,w.:..�.._.,,a,� . . • � � � � ��.�� ` �::. ��"�� ZONlNG BOARD APPLICATtON FOR ZONING ORDINANC�F 0�,�.RIl�►NQE� CITY OF SAINT PAUL A VARIANCE OF ZONING CODE CHAPTER�,SECTION ��I PARAGRAPH IS REQUESTED IN CONFORMITY WITH THE POWERS VESTED IN THE BOARD OF ZONING AP— . •;?< dinning room addition � ,d�,•� �� PEALS TO PERMIT THE ' ��d� ON PROPERTY �s,.;3� i�: .�i, DESCRIBED BELOW. t�3+�:' �� 1��. Lar�a.ine M. 0'_�onesky - A. Applica�t; NAME: - _ '�� ` ADDRESS 1777 Jefferson ��f;,, ;t 699-7193 551L� DAYTIME TELEPHONE N0. � ZIP CODE 1. Property interest of applicant: lowner,contract purchaser,etc.) 2. Name of owner (if different) 8. Property Description: ADDRESS :':2Cd.I.BSt@r V�.u3S z z��a aaa. 1. Legal description: LOT 2� BLOCK � ADD. ' 1�2' x 12?' � 2. Lot size: SZ:lza',Z6 �3It1�1 jf 3. Present Use Present Zoning Dist. C. Reasons for Request: 1. Proposed use Akd.i{�on -�o d:inn3nn room ; i What physical characteristics of the property prevent its being used for any of the permitted uses � in your zone? (topography,soil conditions,size and shape of lot,etc.) �� " _ ' , =QSi�i�n of existir_g struc�ure ��ti 3. at tl�q s ecifi v iaf n reques , ving,c�yst q�s w re appropri�te. ; _,� _b ga.i�d'w a`3c��t�°on >�-��C.�i si'n � � o� proper:.� line � :' � � � i �� _ �--� �f�r'r'��C°• v^"� ! '� 7 : � _,_� 4. Explain how your case conforms to each of the tollowing: �y>.-� a. That the strict application of the provisions of the Zo�ing Ordiance would result in peculiar - .;.ry.' ��'` � or exceptional practical difficulties,or exceptional undue hardships. ��,i,z ��1�iOri 1S - � ��,�� ';.� .eed�; :o �er�it t'r:e use of heirloon fur�.ishir_�s, and to � :.,�� -�-.� - �::;� .e,�u; I�-h v and air into the center of tr�e �,.ouse. � ,.�°;y' { .t�a - .. � ,3 i z�.� .. F� 3'��:�� . � 1 . ��• CASHIERS USE ONLY '°1 tT, r 9 b. That tha granting of a variance will t = ��$#�� not be a substantial detriment to - public good or a substantial impair- �'�� ment of the intent and purposeof .:",� '� the Zoning Ordinance. �� `'� ` � , _ ��,�/ +l /�� L.x ,'" _f � :�J � l�G ��r✓ -- ; o�.�'. ` :.�, .�L ..-��,.�. __ - w . NOTE: THIS WILL NOT BE PROCESSED WITHOUT A COMPLETE SITE PLAN! . �� Signature `�'i_'2 ^� —'y' • Oate eceived ��'�� ' i . . . . .. . . . . . . .. ... .. ... . . ._ ....� . . ...... . .. . . . . . % . .. . . 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' . . � . . . . � . . . . . -� . �- . . . .� � . � - � � �b� � G �y�"� �� `�L�.�-� i �� .�- �z,--' �--t� ��% ✓`n-�z.—e— �' . � v�v�= I G-� i2 c� C�- a�ce„i ---y� -�-�(_ � ' `�� .�` �--�� c�--.��— i � � � �� ' � � �� . �� . , . � ��G� , , � ��.�1-- �e.,. ,��- �-�� - �� ti�� i�.lr �!'LQ�1�''� ,/„Z��G� ��. ' �� d �� ..�-�. .� C ��'� �- �–��-�. �;, _ ��.� ��, �— � �� L� ,/vL��i l/`'�� -�''z'� �` �`- �� `_ �� C�t.�r�c-� ...�C�c�-r..�2�'--�•� • �/ ��Z��v s � �—'. _ _ � � �%�-�..�- —�.�'-�-z- -�-�—_"`-�- �� —��%�.�, `�� . � �� . �� -� � �' /�� -��°,� �� a� �� ,,-� J ��-�� . t� �.r.�.� Zoning File No. 8631 Zoning File Name - Okonesky The following property owners object to a variance at 17?7 Jefferson. Said variance is for a dining � room expansion. already under construction, to 2'7" from the property line. - , Name Address � �,• �� , � � � 1 _ , _' . .�'' • �� „�i:- ��-T��`�' � � �`>>, �,�•.'y�'�_ o';"' :! ii_� - � . � , .� r_ �� , C - Z . , ,Y� � ��".,-�-�=-� `�''-� • //G�",��y..�.�/ �L� �Lt�. i f �7�C C��, v�; �:�C�' ��L t � '�;�'� ��~''!'�% '.1�.G� �� 3. % � �;- , �-� . . '�� .�.LG-1.-1.�� Ci.. ( � S! ��'� ,,��C,.7=�1"� GCri,� "'1'• •�,Zx:..c�--� . � fJ ` .. � r'_ L� � � ' � � �.i!c? C,.Z-t"�� `' ?`1=-'' 5 z�. _ ,� � ,�.. ,_ � � .,<_, ..� � ��„1 . �-,` ' c �� f:.v;�,v1-G�Jv � �� 6. �. ^�i.-w...�._ ,,;_�z•-�:Z-i�e�y t 7 / � - ,� . � f , � . / 7 j � �� ,�._-,,.�/ 7 `�'�.-��;�, ��e;i,;��.�_ti�: --,.:.�-.- I `� ' . � ,j `,,. �'�`. s. '��..�..--:� �. �3.�.�,,�..� � ; .�.� �� ,�� , _ . 9, �(- � 7� ,S" �J � , ��,-� C:�'�, ��. �^`_ �o. ��. 12. 13. 14. 15. 16 17. 18. 19. � 20. 21 22. . . t �..1 ;�� Zoning File No. 8631 Zoning File Name - Okonesky The f ollowing property owners object to a variance at 1777 Jefferson. Said variance is for a dining room expansion, already under corastruction, to 2•7" ; from the property line . � N� y�� Address �.,c.��/<�,c.�,�c—�.v /7 7�' ��-G� . '�, 2 3• .��.�� O 24. Cy ��J !�-�y /�/ ' m-�--��-u-�' z 5• ��-f'��- �p,, Q �. � �-� r �� y- � � �'-`�- ! � �✓ �-��'`�"�-�� ` z6. >.��.-._ �L� . �A-�"�"`- � � � �,�;,� CJ� !��., �,.� . ^-'� %�'�'- �� z 7, �g�, .,� � �� -�-, ,, ; 28. = ;� � � � � �� /7�� L1�,��1 t ._ . 2 9. ;�.�1� �Lt� . , _ _ 3 0. ��.< �� ,�; '� l `1 L��i L�.!�� .��,,�.�� 31 � Z�l° � GC%�-'z�c� c ' � ' , � , 32. ; C�ti,�.� �� i 7� �- L� � ��-�-- �. ��-;-�--�- � � � �. � .�.�� _. 33• ,� � � 3 '�' .-r.r-C !�. ,,��u,L�� ; i�� ?�'-�G� �j�. 4. � �„�. � � 3 5� / /s �—/w � / ( .I, .L�'li�� // J � `�.��C.L��C.�"�� C'�-f�� 1./�'-, ✓ l..i {, .v' 36. "�-,g�,c�``' �'r�, �/7^��;��..�'L / 7•:l� �aJ'1�'.��2J��.2-'� �`�- � � , � �,. � � � u �� , �, �. � .�� , ��7 �'��'C%�� , 37 :�' - a, � � �� - � �S-7 e�e.�/s�e� /f-��e . 38. ��,�( �1� � 39• 7��-�v � ��-.� / 7�� U.��((�� .�.�� , � � ,�� a� ��%�� 40. I��.��""� _ :� �,� 41. �� °' '� �..2.�.t:e;F;...u..�- 'l'��z �-' ` � � , ��` , . GL'��-�'�� ,�,��"-��,� i � � � � _ 42. � �-� r '� � f /'L�,��-� ��1�/" l� J � 43• ,y,�� , l7 79 �' �.` __________ __ ._ _ . _ __ __ . ._ . Y. . ... ......_ ..._ ... ......--�........-._...-...+....,.........�.�....--,.�.a. _...__...._....1....�.._..�._... . ' � � C[��,,,'�'j��'•/�y� In Re Zoning File No. 8631 , Name OKONESKY I am unable to attend the hearing on Tuesday, May 13, but would like to enter my testimony on the subject property. r I live at 1791 Jefferson, three houses west of the Okonesky home. I am familiar with the improvements to the property. There is no evidence that any hazard or detriment results from the scheduled improvements, and there is no impediment to access for legitimate purposes such as meter- reading and water line maintenance. On the contrary, the improvements to the house and grounds of 1777 Jefferson are such that will be a credit to the area, and greatly increase the attractiveness of the entire neighborhood, thereby adding to the value of surrounding dwellings. I would like to ask that the variance apptied for by Mrs. Okonesky be granted to her without further delay. �_ �{n-�w-a,� eanne Dahlman ' 1791 Jefferson Ave. St. Paul , htN 551�5 � _ . . _ ,, _ _ ._. . __v ._.._ .. ,,_ ,�.,..,.__. _.��.._.�".,. � T,.,. E�� Fd� ,�p ��.r�„�.:.�;.� E .- . , . .. . .. . j �� — — �+s « ! �� 4 Ca!'�e � E .1 ,�� . � g� < <� �� ' ') ! I ` \ .(�'� � i �� '� '.\ �`�\ I � \+ \ ` `J . � � �, � `\ � \ �;.,� � � `� . �� .. r- .� ..� � ____ , •; ._� \ i •-,i ( �•,` �� , • � �'� �� , I �;{ � M '�� ! �� I � � �- � 1 ':�' � � f � � `` ;\ � i ' 1 t'1 � \` ` `*' , \ .-� � \ e\. *I � '\� � t`�� i . ` "' . .� . � �...� � � � � \ ��` �\ II1 • - i j, � - . I � ; � . `�� + � r�,.r.�_�,___.—�--__._� ��J � � � � �t�v D��k- h. � .�, , � j< � - �--�- � -� �='--��G� � �(,� � � � � �� , � � �' I � � � � � � Pro�;s� � ��` � �� Add i fre n `� � � � . � � � _ _ �\ l � � _ —Af 3'y« r � , �=�Yj' , � __ �-- � --� �:- �� _ n � c*� � v �.___ ._. ___.._ _____ �. � ��____.... � � :�; _. J� ��t� � . � • ! � • • • • • • � • • • • • � • • • • • • • • � � • � . • � + � � • • • • � • � � � � � � � � � � � � � � � � � � � � � • � � � • • • • • • • • � � � • • � � • � � � � � � � � � � � � � � � • � , � • • • • • � • • • � • � • O • �� • • • • • • • � �� • • s i � • • • v1 • • • • • • • • • A � � • /� � • • ! • • � • • • • • • • • • • • • �i • • • • O � • • � • • • • • • • • • % � • � • • • • • • • • • � � • ,/i • • • • � • • N • • • � • • • • • /� � • � � , • • • • • • • • • • � • • � • • • • • � • • • • • • � � • • • a , ,, • • • • • • � � f► A � • • • t� N • • • • � • • � � • � • • � • • � � r • � • • �r � � �, • ► • • • • • • � �i �r� � • • • • � � . '' � - • • • • • • • � .r i • • � • • • • • • • • • • � • • � � • � s � � � • • • � � � • • • • • • • � • • • • • • • • • • • • � � � p • � • • • � � G G • • � • • • • • • � • • • • • • • • • � Y . - � � � . - . - � J , ' • � : � � . - %/%i - - . - . . . � , . , i t' � 1 . � • � � I� �� i � � • � � . . • s • • � � �i � • � � • � � - � • . , - • . - . . • � ' � . . \ , �:: , � _ \ . . � . " x . ,; ! �� , .\, � \ , . ; �„ �� . � , , . � � , � i,, � _ . ; \ : ;, . , � , _ , ; , ' . Jnly 24, 1980 � . _ S _ �:�' , 4 , , , blr. Ed 8tarr '• City A�ttoYney ' � .. , : Roc� 64�, City Hsl�l � • . 8t.AI►u1, I�. � _ Re: Ap�al o! Mrs. Z�orrsina M. 0 ss�y to• a d�ciAiai of the Board of Zoning A�peala sfYe ing prr�pe��rty at i'� J�fttrson , Ava., akt Lot 21+, Bloek 3; �st�r Vi11as Se�md Addition. ' � �_ - 'Dee� Sir: . . The !al].ow3ng m�tio� xne ado�rt�d. th� City Caanci�. �t 1E�a July ��, � . . 1980 a�tati.�ng: � i The City Attoaney be requeeted to repare a �resal,ution granting th� , above-re�erenced AND the Building ent be instruatwi to review _ . . tf�u el�anlines4 oP the yard �v�ery irty (3Q) d�ys for a t�elv�e-month , p�riod AND �the Bttilding Dapsx�ment �ake a quarterly x'e�I�► `of the , yard atattu for �he succeeding t�w ,yCai'"period. �� _ . . V�ry tr�tly y�ur�,: , .,.-A . / ,.� . � ; ' y� , � . , Rose �ti.x _ t . ' City C1trk f I�iB:ls ' , � � . - -- -_ � �_ �c: Plu�ning Staf�P , � I . Iiousing & Build3ng Codt Enfo� t , . . � � , . � _ , . ' , ' , I . . ' . l. ; , .. . . . � . . � . . � . � . . . > � � � � � ... . � � � . � � � . . . � , . . . . . 8 - - � � ' . . . . . � . �. � � � � � � �. i . ' , , - . � . . , � � . � . . , . �\' . � `� . � � . . � . � . ..} . . . . . . . . , . . : �1.:,;,' . , � . . ,. . � . . . F . . . � .. ' . . ... •. .. . � � . � .� - �� :.� �� '. . . � . . . ' .. . . . .. . . . . � .- / .. � .. . . � , _ . . . F. . . ,� . . . . . . . .,. � . . . . . . • . . . . .. . . � � �. . . � � .. � . . . . . .. _ , . . .. ' � . ... � ' . � .. - .�.. � . . � • � - � � . ' . . �. . . . . . . � . . .. ' � . . . .. . �. .. _ . � .. � . . . � . , . . � \ . � . ' � . � . . � � � ' � . . . .. _ . . ' . � . ' '` , . . . .. ' , . . . . � , � ' . �. 1 . . ... .. .. . � . - _ atiile c�l. �� ' , _ , � � 1�. Paul Desch , . , `F�rSance Dept. . Room 218, City Ii�ll � Sr. Paul, Mtl. � , � , • ' Dear Sir: " _ The City.Council set a da e of heaxin� for, July 24, 198t� to-. con�ider the appeal of I+�r . Lorraine M. Okonesl�,y, 1777 Je�Pe�soa , . ! � Avenue to a decision of t e Board of Zoning Apptels affe�t3,n� � , praperty at 1?77 Jef�'erso Avenue„ Wi21 you plesse �tM�nd c�tices ' � to praper�y owners as re i�ed oy la�`t , , • , �Very truly yours, . ' _ � . . ' � Ro�re Mix ,, �ity QIe��C , . � , . . . i Atte►ch. . . : , _ , , , . , • �ABO:le • cc t P].a;nning BtaP�, -;Seat3c�n . . , Bu�.lding da�Hous in 4'ode Zni'v�►��'iv. , , ;. . - . � . , �,�� " MEIER, KENNEDY & QUINN At(orneys at L,nw WILLIAM C.MEIER SUITE 430.MINNESOTA BUILDING ALO15 D. KENNEDY.JR. TIMOTHV P. QUINN SAINT PAUL.MINNESOTA 55101 GORDON W.SHUMAKER 226-8844 ANDREW J. EISENZIMMER NOTICE OF APPEAL TO: The Honorable City Council City of Saint Paul City Hall and Courthouse Saint Paul, Minnesota 55102 ATTENTION : Rose Mix, City Clerk You are hereby notified that the undersigned, legal counsel for Mrs. Lorraine M. Okonesky� 177? Jeffereon Avenue, Saint Paul, Minnesota, for and on be- half of the said Lorraine M. Okonesky, hereby appeals, pursuant,to the laws and ordinances in such case made and provided, the decision of the Board of Zoning Appeals, made and entered on May 27, 1980, denying the Application for Zoning Ordinance Variance, dated April 22, 1980, made by the said Lorraine M. Okonesky, in order to permit a dining room addition to her home- stead located at 1777 Jefferson Avenue, 5aint Paul, Minnesota, legally de- scribed as follows: Lot 24, Block 3, Macalester Villas 2nd Addition. This appeal is based on the following; 1. That all requirements necessary and proper in order for the granting of such a variance, as requested in the application, were fully met, including the recommendation of approval by the Zoning Board Staff, as set forth in the Zoning Staff Report presented at the initial hearing of the Board of Zoning Appeals on May 13, 1980, 2. That a fair and impartial hearing was not granted the applicant at the hear- ing of the Board of Zoning Appeals, and 3. That the said decision of the Board of Zoning Appeals denying the applica- tion is arbitrary and capricious and not in accordance with law. Dated: June 20, 1980. MEIER, KENNEDY & QUINN . � . � Timoth P. Quinn cc: (See Page 2) Attorney f r the Applicant, Lorraine M. Okonesky 43U Minnesota Building 5t. Paul, Minnesota 55101 226-8844 . . �' ' _ ' MEIER, KENNEDY & QUINN Carbon copies to Members of Saint Paul City Council: Ronald Maddox, P re sident Ruby Hunt Le�nard Levine George IvlcMahon Joanne Showalter Victor Tedesco William Wilson �. ., . I � ;�..��, � ��U e�-' �� w�' L.,r�..•�.,_a.? e � � MEIER, KENNEDY & QUINN /y, _ � �6�� (��c.� Attorneys at Law �./,�, 3/8 6 WILLIAM C. MEIER SUITE 430,MINNESOTA BUILDING ALOIS D. KENNEDY.JR. SAINT PAUL, MINNESOTA 55101 TIMOTHY P.QUINN � GORDON W. SHUMAKER 226-8844 ANDREW J. EISENZIMMER . . �,,.......................,.. � ` NOTICE OF APPEAL ��`,�I�,` r �b� � . . �`r�..a,i TO: The Honorable City Council �1��j City of Saint Paul �; City Hall and Courthouse 5aint Paul, Minnesota 55102 � ATTENTION : Rose. Mix, City Clerk You are hereby notified that the undersigned, legal counsel for Mrs. Lorraine M. Okonesky, 177? Jefferson Avenue, Saint Paul, Minnesota, for and on be- half of the said Lorraine M. Okonesky, hereby appeals, pursuant to the laws and ordinances in such case made and provided, the decision of the Board of Zoning Appeals, made and entered on May 27, 1980, denying the Application for Zoning Ordinance Variance, dated April 22, 1980, made by the said Lo rraine M. Okone sky, in o rde r to pe rmit a dining room addition to he r home- stead located at 1777 Jefferson Avenue, Saint Paul, Minnesota, legally de- scribed as follows: Lot 24, Block 3, Macalester Villas 2nd Addition. This appeal is based on the following: 1. That all requirements necessary and proper in order for the granting of such a variance, as requested in the application, were fully met, including the recommendation of approval by the Zoning Board Staff, as set forth in the Zoning Staff Report presented at the initial hearing of the Board of Zoning Appeals on May 13, 1980, 2. That a fair and impartial hearing was not granted the applicant at the hear- ing of the Board of Zoning Appeals, and 3, That the said decision of the Board of Zoning Appeals denying the applica- tion is arbitrary and capricious and not in accordance with law. Dated: June 20, 1980. MEIER, KENNEDY & QUINN Timoth . Quinn cc: (See Page 2) Attorney f r the Applicant, Lorraine M. Okonesky 430 Minnesota Building St. Paul, Minnesota 55101 226-8844 . MEIER, KENNEDY & QUINN Carbon copies to Members of Saint Paul City Council: Ronald Maddox, President Ruby Hunt Leo nard Levine George �vl�Mahon Joanne Showalter Victor Tedesco William Wilson � , ; : � _ C�� a �.�s�� . �. , : � , : .� . , . , � � _ . - _ �, . � , , ; . . . , . ; . , . � ; , � � `' Soptember 3, 1980 ` . :� . � ; . � f,' , . ; , , : � Lorraint M. Okonesky . � _ , 1777 Jeffsreoa Ave.` , ! � ` St. Psul, Mit�nesots 55101 � � Dear Ms. Okoueskys ,_ -� . �.. . , $nelased. is a-copp of a S�. P�ul City Co�neil Re�olutton, C..F. No., � 275519, adopti� by the Coun il on Au�uat 26, 19&0 grantiag qour � r�gPe� to a �ie#lioa of the $oard of Zoning A�Peals for prapextq . � , �t 1777 Jefferaor► Ave.• ' , , • Very trulq qours, � . � . . � : R�se x,. � C . . C�ty: Clerk ; y , ,,\ Attaeh. � , � .� ' _ ach �';, � ` - `; ecs Zonfag l�d�laistrator � � ' Plaaning Co�s�ssion � , � Board af �ZaninB SPPaals Soueii►� & Buildfag Coda nfores�at Div�ision � � . . i _ . , � � . , . � ; % � � _ . . '� - � ; ; , , , , • ; . , , _, ,` . - , ; , � , " ' , � . _ i � , , \ , . . : , . , , . . , � . . . "/.�r, . � .. = CITY Of ST. PAUL ` DEPAR�'MENT OF F{NANCE AND MANAGEMENT SERVICES � ASSESSMENT DIVISION � `;�f-��,p�:;� 21'8 CITY HAII ST.PAUL,MINNESOTA 55102 �y'�� July 11, 1980 .File X252� Page Zoning File 8631 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 July 24, 1980 on the: , � Appeal of Mrs. Lorraine M. Okonesky to a decision of the Board of Zoning Appeals affecting property at 1777 Jefferson Avenue, being legally described as: Lot 24, Block 3, Macalester Villas Second Addition. On May 27, 1980 the Board of Zoning Appeals denied a request by Mrs. Okonesky for a variance to permit expansion of her � present residence. Mrs. Okonesky ia appealing that denial. 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 . � • � � � d.,.._• � f .T''TI lU8C � � �v�.� � i ' Yeas \avs ,� .� �� LEVINE \ \� Mc?�AHOV `' SHOWALTER TEDESCO f � WILSON � � HUNT PRESIDENT MADDOX � , . . , � $631 ZONING STAFF REPORT 1 . APPLICANT: LORRAINE M. OKONESKY DATE OF HEARING 5/13/80 2 . . . . . . . . . . . . . . . CLASSIFICATION . . . . . . . . . . . . . . . CURRENT PLANNING & ZONING COMMITTEE BOARD OF ZOP�ING APPEALS Rezoning ❑ Variance � Special Condition Use ❑ Administrative Review ❑ Determination of Similar Use ❑ Other ❑ Change of Nonconforming Use ❑ Other ❑ . 3 - LOCATION: 1777 Jefferson (North side Jefferson between Fairview and Wheeler). 4 . LEGAL DESCRIPTION: Lot 24, Block 3, Macalester Villas 2nd Addition. 5 . PRESENT ZONING: R-4 ZONING CODE REFEREPJCE: Section 61 .101 6 . STAFF INVESTIGATION & REPORT: DATE Rpril 29, 1980 BY Laurence J. Junq --------------------------- - -- - . A. PURPQSE: Applicant requests variance to build an extension into required side yard setback area n order to enlarge dining room. B. FRONTAGE & AREA: This interior lot has 42 ft. frontage on Jefferson and is 127 feet deep for a lot area of 5,334 square feet. C. SITE/AREA CONDITIONS: A single family dwelling occupies this flat, above-grade site. A recently built deek occupies the entire rear of the .house with accessory building situated in the rear yard with access to the alley. The proposed addition on the west side of the house is currently under construction and is apparently more than 50% completed. There is a fence �long this west lot line. Abutting land uses on all sides consists of solidly built-up single family residences. Fairview Avenue, a major collector route, is about a block to the west. D. VARIANCE: Section 61 .101 requires minimum 4 ft. side yard setbacks for single family homes in an R-4 district. Applicant requests a 1 '5" variance in�order to build a 3'4"x 8' extension onto the west side of the house that would be up to 2'7" from the west property line. E. FINDINGS: 1 . Applicant contends the extension off the dining room is necessary to accommodate her heirloom furnishings and to permit light and air into the center of the house. 2. The 3'4"x 8' extension is already under construction. A check with the Housing and Building Code Enforcement Division reveals that the expansion was apparently undertaken without a building permit. 3. At present, a walkway extends from the front to the rear of the hDUSe along the west side of the property. It is the appellant's intention to relocate this walkway to the east side due to the extension. 4. The lot is regular shaped and slightly wider and larger than minimum standards for the R-4 zone. No apparent physical limitations are therefore associated with the size and shape of the property. 5. The west side of the house is 5'll" �'rom the lot line. An addition of 1 'll" could be built without variance, however. Applicant contends this small of an addition would not be practical for her needs. Since the dining room is on the west side of the house, an expansion to the dining area could not take place in any otner direction. There is thus a basis for variance due to exceptional characteristics of the site relative to hlacement of the heuse on the site. j; _ 6. The dwelling at 1783 Jefferson to the west is currently shown to be 17 feet from the lot line and would appear to not be unreasonably affected by this small extension. The supply of light and air to adjacent propertv would not be unreasonably impaired: 7. The intent and purpose of the Ordinance as pertains to health, safety, morals, welfare would not appear to be impaired if the variance were granted. 8. 4Jhile adding value to the property, the request for variance does not appear to be based primarily on a desire for economic gain. . . STAFF RECOMMENDATIONS: Based on required findings 5 through 8, staff recomnends approval . of the request far variance. . ,, , � :