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WHITE - C�TV CLERK (�j�� ['��
PINK � - FINAN�E COUIICII � ���
CANARV - DEPARTMENT G I TY OF SA I NT PAU L Fd� 'C i.
BLUE - MAVOR ' FLiC NO•
Council Resolution
Presented By � � �
Referred To Committee: Date
Out of Committee By Date
WHEREAS, Steve Kensy applied to the Board of Zoning Appeals
for a variance from the strict application of the provisions of
Section 61.100 of the Zoning Ordinances pertaining to front yard
setback requirements so as to permit the construction of a new
garage to be attached to the existing dwelling at 427 Whitall
Street; and
WHEREAS, Following a public hearing held for that purpose held
on April 10, 1979, w�th notice to affected property owners, the
Board of Zoning Appeals by its Resolution 8424, adopted April 24,
denied the variance application; and
WHEREAS, Pursuant to Section 64.204 of the Zoning Ordinances,
Steve Kensy duly filed an appeal of the decision of the Board of
Zoning Appeals to the City Council; and
WHEREAS, Public hearing of the said appeal was held before the
City Council on June 7, 1979, and the Council, having heard all
interested parties, having considered the staff report and findings
and having considered the resoiution of the Board of Zoning Appeals,
does hereby
RESOLVE, That the Council of the City of 5aint Paul does hereby
re�erse the decision of the Board of Zoning Appeals and does hereby
grant the variance requested by Steve Kensy so as to allow the
construction of a 24 x 26 foot attached garage that will extend
within three feet from the defined front lot line on Whitall Street
for the property located at 427 Whitall Street, legally described
as Lot 1, Block 6, Edmund Rice 's lst Addition; and, be it
FURTHER RESOLVED, That the City Clerk shall mail a copy of
this resolution to Steve Kensy, the Zoning Administrator, Planning
Commission and Board of Zoning Appeals.
COUNCILMEN Requested by Department of:
Yeas Nays �
.� In Favor
Hunt
�w _ __ Against BY
Maddox
Showalter
Te o �UN 2 6 1979 Form Approved Ci y At rney
Adopt �y Counci . Date
1
rtified Y• ed by ouncil Secretar BY
N 2 ' Approved by�or for Submission to Council
Approv iWavor: Date
By _ By
PuBUSH�O J U L�
� ,. F � 2�?��5
cObpITYO� , �CITY OF SAINT PAUL
�;R ;� DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT
+ nu��um �
fr tut tl 11 �
�.,,° ^ DIVISION OF PLANNING
jr`"�� 25 West Fourth Street,Saint Paul,Minnesota,55102
GEORGE LATIMER 612-298-4151
MAYOR
May 30, 1979
Rose Mix, City Clerk
386 City Hall
St. Paul , Minnesota 55102
Re: Steve Kensy, Zoning File No. 8424
Dear Madam:
This is in response to the appeal of Steve Kensy of 427 Whitall Street for
a variance of the front yard setback regulations in order to construct an
attached two-car garage that would project up to 3 feet from the front
property line.
At a public hearing, held on April 19, 1979, the request for variance was
heard by the St.Paul Board of Zoning Appeals. During the hearing, it was
brought out that the house is actually oriented to front on Clark Street.
Staff pointed out that this is a reversed frontage corner lot and that the
house was built 29 feet from Whitall and 13 feet fror� Clark and thus the
greater of the two is considered the front yard. There was no opposition
present at the hearing and a neighborhood resident spoke in support of the
variance and presented 10 identical letters of support from nearby residents.
On a 4 to 0 vote, the Board of Zoning Appeals denied the request based on
findings that: there was no extenuating physical conditions of the site
that would prohibit placing the garage within the rear yard (north side of
house); placing a garage within 3 feet of the front lot line could impact
potential development to the west; the applicant would appear to incur
inconvenience rather than undue hardship; and, that granting the variance
would impair the intent of the Ordinance.
This matter is scheduled to be heard before City Council on June 7, 1979.
Sincerely,
✓` �.G����,�� ��_
Laurence J. Jung 1J
City Planner
LJJ/cc
Enc.
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city of saint paul
board of zoning app�ais resolution
zoning fiie nur�b�r 8424
�a�� Aori 1 24 1979 -
WHEREAS, Steye Kensy applied for variance from the strict application of the
provisions. of Section 61,10a of the Saint Paul Legislative Code pertaining to
developing wi:thin a requ�red front yard; and
WHEREAS, the Saint Paul Board of Zoning Appeals conducted a public hearing on
April 10, 1979 pursuant to said appeal in accordance with the requirements
of Section 64.203a 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 of that hearing
attached hereto as Exhibit A, made the following findings of fact:
1. There %s no extenuating physical condition of the lot that
would prohibit strict application of the Ordinance.
2. The applicant would appear to incur inconvenience as
distinguished from undue hardsh�p without the variance,
3. Granting the variance would have an impact on potential
development prospects on adjacent property.
4. Granting the variance would impair the intent of the
Ordinance,
NOW, TNEREFORE, gE IT RESOLVED, by the Saint Paul Board of Zoning Appeals f:hat
under authority of the Cit.y's Legislative Code, Chapter 64.206, it denies the
request to relax the front yard setback requirements for property described
in the application for variance (�Exhibit B� attached hereto.
m�V�� �y Summers Decisions of the Board of Zoning
se co n d ed by �oods — Appeals are final subject to appeal
to the City Council within 30 days
in favoa� 4 by anyor.e affected by the decision.
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ifidavif oi S�rvic�By MaiL (Reris�d 1972) " "`' •-
�tate of �f t��e�ota�, .RADr-MAR6ULi5 CO. SL Mfl�MINN.
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that on.........................P_._�.._._._._:6z__.._.__� Ig79 ---., being first duly sworn, deposes and say.
, •-__.___._he seraed the attached.__._._reSO�_Ut)_Ot1
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and correct copy thereof in an enaelo�ie addsessed as follows:
-----------�-----�--------�------------------ -----------•-------bY Placing a trtce
•----•---...--•----
Mr. Steve Kensy, 427 tiJhitall Street, St. Paul , P1N 55101
(svhich is the last known address of said atto�ne ' '
• - y) and depos:tcng the same, with postage prepaid, in the United States mails
at..--------�-Sa�.nt__Paul..--- -------
Subscribed n�id sworn to before me this.._.._...25th_�Minnesota.
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day of------------------�---._APri 1----------.. �9 79
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MINUTES OF THE MEETING OF THE BOARD OF ZONING APPEALS IN CITY COUNCIL
CHAMBERS, ST. PAUL, MINNESOTA ON APRIL 10, 1979
PRESENT: Mmes. Summers & Plorton, Messrs. Peterson, Woods, Grais and Parrish of the
Board of Zoning Appeals; Mr. Jerome Segal , Assistant City Attorney; Mmes. Brown and Fox
and Mr. Jung of the Planning Staff.
ABSENT: Ms. Zachary
The meeting was chaired by Gladys Mlorton, the Chairman.
STEVE KENSY�#8424}: An appeal for variance to construct a double garage attached to a
sing e family house on property located at the northwest corner of LJhital� and Clark.
The appellant was present. There was no opposition present at the hearing.
t�1r. Jung showed slides of the subject site and reviewed his staff report with a
recommendation of denial of the variance request.
Mr. Steve Kensy, 427 bJhitall Street, said he had requested the variance because of the
way his house faces on -Clark Street, and what is called his front yard is actuaTly
his back yard. He said that from his house he sees the north end of the lot, and this
is really the only reason he needs the variance.
Ms. P�argaret Abel , 431 4lhitall Street, said that Mr Kensy's home was the one bright spot
in the neighborhood as it is so clean and that the only thing Mr. Kensy would be blocking
� out with his double garage would be Poor Richards, and the less they can see of that the
better. She said the neighbors do not object to the proposed garage.
Mr. Jung then read into the record a letter of support received in the Planning Office
from Poor Richards, as well as 10 other identicalletters of support.
Mr. Jung said the block is not 50 percent developed, that there are three lots in
the middle zoned RM-2. He said he had verified with the owner his intentions of
development use, and said it had been indicated to him that the projection of the garage
three feet from the front lot line would be detrimental to any sort of development
that might come there in the future.
In response to a question from Mr. Parrish, Mr. Jung verified that an RM-2 zone requires
a 25 ft. setback. Mr. Grais asked what the objection was to putting the garage in the
back of the house, and Mr. Jung told him it was. the problem of the lawn and a large tree.
P1r. Parrish said he could readily understand the owner's desire to put the garage on
this side of the house rather than in the back and he had some sympathy for him; however,
in view of the possible detriment to the future development of the other lots, he moved
to deny the variance.
Mr. Parrish's motion was seconded by Mr. Peterson, and passed on a 6 to 0 roll call vote.
The variance was denied.
Submitted by: Approved by: �
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�^�l�`G�4'i % ��
Laurence J. Jung Gladys Morton, Chairman
- f APPL(„_ .TION FOR ZONING ORDINAPlC� V�� NCE
� . ' ��'���`` ' CITY OF SAINT PAUL `'�'�`,,
' ZONING BOARD ` � � � � Q �.
A VARIANCE OF ZONING CODE CHAPTER �� , SECTION L!, v PARAGRAPH
IS REQUESTED IN CONFORMITY W TH THE POW RS VESTED IN THE ZONING BOARD
TO PERMIT THE � G A/�G ON PROPERTY
DESCRIBED BELOW. J'� o �G��
— � ;
A. Appl icant; NAME: st�✓� ��N 5..� _ i:��i�����
. ;����,:
ADDRE55 '7' � 7 W1'�/�� � L- S T 3� •�T
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1. Property interest of applieant: (owner, controct purehaser, etc.) ���'f
i
2. Name of owner (if different)
B. Property Deseription; ADDRESS ��
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1 1. Legal description: LOT / BLOCK G� ADD. ����-�"
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2. Lot ai:e: /�.3 � x `1" `� '
3. Prosent Use�"�-�'" Prosent Zoning Dist.
"7�
C. Reasons for Request: �
1. Proposed use
2. What characteristics of the property prevent ifs being used for any of the permitted •
uses in your zone? ,
�
3. How do the above site conditions pravent eny.reosonable use of your property under �
the terms ofthe Zoning Ordinanee? �
�
4. State the speeifie variation requested, giving distances where appropriate. . �
�
� :
5. Explain how your cose eonforms to each of the following:
- a. That the strict application of the provisions of the Zoning Ordinance would result � � t f�
in peculiar or exceptional prectical difficulties, or exceptionol undue hardships. �12` ��
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b. That the granting of a voriance ; t' �'i#�i ;
will not be a substantial detri- CASHIERS USE ONLY � ,��g;��
t : t;i�
ment to the publie good or a
substantial impoirment of the �
intent ond purpose of the � / ''
" . Zoning Ordinonce. �
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EDNiUND RECES lst ADDITI�N
� I,OT #1 BLOC K 6
.:.°rd'�'�. �` OWNER s STEVE I�NSY
� ���� � 427 WHITAI,L ST _.
�,����� ST.PAUI,,P�'iINN
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ZONING STA�F REPORT
.. • � ► ��
l . APPLICANT: STEVE KENSY DATE OF HEARING 4-10-79
� h
2. . . . . . . . . . . . . . . CLASSIFICATION . . . . . . . . . . . . . . . r
CURRENT PLANNING & ZONING COMMITTEE BOARD OF ZONING APPEALS a
Rezoni ng ❑ Vari ance [� ['1
Special Condition Use ❑ Administrative Review ❑ �
Determination of Similar Use ❑ Other ❑
Change of Nonconforming Use ❑
Other ❑
3. LQCATION: Northwest corner Whitall and Clark (427 Whitall )
4. LEGAL DESCRIPTION: Lot 1 , Block 6, Edmund Rice's 1st Addn.
5. PRESENT ZONING: RM-2 ZONING CODE REFEREPdCE: 61 .100 °
6. STAFF INVESTIGATION & REPORT: DATE 4-2-79 gY Laurence J. Jung
A. PURPOSE: Applicant is requesting a variance of the front yard setback requirements to con-
struct a double garage that would be attached to a single family house at 427 Whitall Street.
E. FRONTAGE & AREA: This corner lot has frontage on Whitall of 44 ft. , a depth of 135 ft. ,
and a total area of 5,940 sq. ft.
C. SITE CONDITIONS: This above grade site is nearly level and is occupied by a small single
family structure which has a Whitall Street address but obviously faces Clark Street. There
is no garage or other off-street parking presently on the lot; nor is there alley access on
the block. Applicant's "rear" yard north of the house is a fenced, landscaped area and
cantains a large tree situated about 15-20 ft. from the house.
D. AREA CONDITIONS: The entire area slopes southward from York to Whitall Street. This is
one of the oldest residential neighborhoods of the city, consisting of a wide variety of
housing types, styles and ages. While mostly single and duplex structures, there are also
a few 3 and 4-plexes, as well as some smaller apartment buildings. A few new, modest cost,
single family units are being built about a block west of the site. South of Whitall and
across the street from the subject property is Poor Richards Recycling Center. This facility,
within the I-1 zone, extends two full blocks from Westminster to Clark and is quite prominent.
Its presence has tended to depress new construction activity as well as property values
throughout this immediate vicinity.
E. VARIANCE: Section 61 .100 requires no building within the 25 ft. front yard setback area or
the average setback line if a block is more than 50� developed. Applicant is requesting a
variance of this requirement in order to construct an attached 24 x 26' garage that would �,
extend up to 3 ft. from the defined front lot line with access onto Whitall . Under Section
62.106a, an accessory building tha� is structurally attached to a main building must conform
to all regulations applicable to main buildings. Since less than 50� of the block on Whital7
is developed, the 25 ft. setback is required.
The front yard for this reversed frontage corner lot has been determined to be the Whitall
Street side since a reversed frontage corner lot under Section 60.349 is "a corner lot, the
rear lot line of which abuts a side lot line of an abutting �"
/e fi
F. FINDINGS:
1 . Under definition of a reversed frontage corner lot, the house was originally constructed
to have 29' setback from Whitall and 13' from Clark. The yard that is greater is con-
sidered the front yard regardless of orientation or street address. Parking is not
permitted within front yard setbacks.
2. The rear yard of the applicant is fairly large -- extending northweard at least 50' .
�"��� +s a 3arge 'tree, however, nearly in the center af this yard which may preclude
placing a garage af this size as close to the house as is proposed for the front yard.
3. The three lots H►est of the site are vacant. The owner has indicated by telephone ±o
;t;ff t�at t�e waulu be interested in deveic,ping these lots for ei�her multiple resi-
dential , as permitted under RM-2, or other types of residential useage. He would not
wish to see a structure placed up to 3' of this front lot line since it would impact
his potential development.
4. Applicant feels that placing a garage with access onto Whitall would relievethe �roblem
�f having to face an industrial use such as Poor Richards. Placing a garage ?�� the rear
yard could impact neighbors on that side as well .
r +�
► „
'~ • � • -
STEVE KENSY STAFF REPORT PAGE TkfO
F. FINDINGS (continued) :
5. The request for variance is not based primaril_y upon a desire for economic
gain.
6. While it can be argued that a physical hardship exists due to existing site con-
ditions, the rear yard is apparently large enough to accommodate a modest sized
garage with access onto Clark without incurring undue impact on adjacent properties.
G. STAFF RECOP�1MENDATION: Based on Findings 1 , 2, 3 & 6, Staff recommends denial of the
variance request to allow a double garage within a required front yard setback area.
.
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May 7, 1979
���
St.Paul City Council
c/o Office of the City Clerk
City of St.Paul
St.Paul, Minnesota 55102
I wish to a�peal a decision of the St.Paul Board of Zoning Appeals with respect
427 Whitall Street.
Please notify me at the address listed below of the hearing date to be established
by the City Council.
,,�i;���,U,,C� 1
6
Steve Kensy
427 Whitall Street
St.Paul, Minnesota
55101
� � CITY CLERK
� � 386 CITY O� ST. PALL
DEPARTM£yT O� �iNAN�E AND NIANACfMFNi' S�RVICES �
ASSESS'�1EhT UIVISIOV
i13 CITY MAII 57.PAUL,h11N\E507A ii102
May 25, 1979
File X2279 Page
Zoning File 8424
The Council of the City of St. Paul will hold a public hearing in the
Council Chaabers of the City Hall and Court Aouse (third floor) at
10:00 a.m. on June 7, 1979 on the:
Appeal of Steve Kensy to a decision of Board of �
Zoning Appeals with respect to property at 427
Whitall St.
The property is located on the NW corner of Whitall
St. and Clark St., being legally described as;
Lot 1, Block 6, Edmund Rice's lst Addition.
If you would like further infor�ation about this hearing, contac� the Currer_t
Planning Section of the Planning Board, Rm: 1202 City Hall Annex�298-4154.
W�ile the City Charter requires that we notify you of the hearing, we wanC to
help you to learn fully about any improvement that could affect you or your
co�unity. Therefore, I sincerely hope you can attend this hearing, so that
you can taake your views about it knoc,m to the City Council, whether ror or
against. � -�"�
J. WILLIAM DONOVAi�i
VALUATIOV AND ASSESS�fE�1T E\GI�TEER
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� DEPARTM'��{� QF �i►+�A�l�� A�D Mt\c�IAG�M�yT SrP.VICES �
ASSE55.�1E��'7 UjViS10�V �
113 Ciil'HAII ST.PAUI,;11V\f50TA Si103 (,
May 25, .1979 ^.
� � � �
3
J File X2279 Page
Zoning File 8424 �
The Counca�l of the City of St_ Paul wi11 hold a public.hearing in the
CoLmcil Chaabers of the City Hall and Court House (third floor) at �
10:00 a.m. on June 7, 1979 � on the: . .
Appeal of Steve Kensy to �a decision .of Board of _ • � � _ .
Zoning Appeals with respect to praperty at .427 : •
Whitall St. . - •
The property is located on the N47 corner of Whitall �
St. and Clark St., being�legally described as; -
Lot. l, Block 6, Edc�nd Ricets lst Addition. �
If }ou would like further infor�ation about this h�aring, coatact the Curre� .
Ylannino Section of the Planning Board, Rza: Z202 City �:all A*�nex=298-415�.
While the City Charter requires that we notify you of the hearing, we want ta
help you to learn fullx about any improvement that could affect you or y:our -
co�uriity. Tlzerefore, I sincerely hopz you can attend this hearin�, so tbat � .
you can nake your views about it kno�m to the City Council, whether zar or . �
against. � .
J_ WILLIA►'4 DO�OVA,.'�i
YALUATIO�I AND ASSESS�IF.,iT EZGNi EER