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269870 WHITE - CITV CLERK .p����,�� PINK - FINANCE COUIICII f CANARV�- DEPARTMENT . GI�TY � OF SAINT PAUL BLUd - MAVOR � � File N 0. r � cil Resolution , Presented By � Referred To Committee: Date Out of Committee By Date WHEREAS, S'Dona Development, Inc. of 395 White Bear Avenue applied for a variance from the strict application of the pro- visions of Section 61.101 of the Saint Paul Legislative Code pertaining to side yard setbacks for property legally described as Lot 30, Block l, Bisanz Swiss Meadows; and WHEREAS, the Saint Paul Board of Zoning Appeals, after holding a public hearing on said variance application on July 26, 1977, pursuant to Section 64. 203a of the Saint Paul Legislative Code, denied the request for a variance of the side yard setbacks; and WHEREAS, S 'Dona Development, Inc. , pursuant to Section 64. 204 of the Saint Paul Legislative Code, has appealed the decision of the Board of Zoning Appeals to the Council of the City of Saint Paul; and WHEREAS, the City Council held a public hearing on September 8 , 1977, at which all interested parties were heard; now, therefore, be �it RESOLVED, That the Council of the City of �aint Paul hereby finds, determines and declares, based on the record, that the physical conditions of the property. are not such as to create a peculiar or exceptional practical difficulty to, or exceptional undue hardship upon, the owner if the strict letter of the regu- lation were carried out; and, be it FURTHER RESOLVED, That the Council of the City of Saint Paul, under the authority of Section 64.206 of the Saint Paul Legislative Code, denies the request to relax the side yard setback requirements for property legally described as Lot 30, Block 1, Bisanz Swiss COU[VCILMEN Requested by Department of: Yeas Nays � Butler Hozza In Favor Hunt Levine _ Against BY Roedler S ylvester Tedesco Adopted by Council: Date Form Approved by City Attorney Certified Passed by Council Secretary BY � sy Approved by :Vlayor. Date T— Approved by Mayor for Submission to Council By By WHITE - CITV CLERK ����et!':/� � PINK - FINANCE COUIICI� `� �✓ L CANARV - DEPARTMENT GITY OF �SAINT PAUL File NO. BLU,'� - MAVOR � - � ��. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date Page 2. � Meadows; and, be it FINALLY RESOLVED, That this decision be communicated to the Zoning Administrator for any necessary enforcement proceedings. . COUNCILMEN Requested by Department of: Yeas Nay�s Butler . ��� In Favor Hunt Levine � __ Against BY Roedler Sylvester Tedesco �CT 4 �9� Form Approved by City Attorney Adopted by Council: Date — Certified as e Council , etar BY �' By Approved y , vor: Date � Approved by Mayor for Submission to Council By � � O BY pUB�IS�E� 0�T 151977 . . �,; t CITY OF SAINT PAUL ° �`� ` 'SQ�CtTYO��9. RE � E � � � � •t• Rose Mix o :;�a.::::e;;: '' S EP Albert B.Olsoo City Clerk and �,� °"��•=�°• _ � � 19]7 Council Recorder Council Secretar�/ v��, ,�� .�.. c�nr arTOr���� OFFICE OF THE CITY CLERK BUREAU OF RECORDS�,�����,��� s 388 City Hall St.Paul,Minneaota 5610� Phone�98-.¢�.t1 September 8, 1977 H�arriet Lansing City Attorney Roo�n 61F7, City Ha.11 Dear Ms. Lansing: The City Co�ncil today denied the appeal of S'Dona Develop�ment, Inc. to � deQision of the Board oY Zoning Agpea7.s regaxding the application for a permit to bu3.ld a single family home on I,ot 30, Block 1, Bisanz Swiss Meadows, located on the south side of Killiam Tell Road near McKnight. Will you please prepare the praper reaolution confirming this act 3,on. V truly �rours, �� y�%� City Clerk � cc: Plaanning Staff, Zon3ng Seetion ABO/�r � � � ' . . \�' . /. . S+ 'f ���� .. . , 80ARD OF ZONING CITY OF SAINT PAUL OFFICE OF THE MAYOR CITY �PLANNING DONALD L. SPAID AIP PLANNING COORDINATQR September 7, 1977 , Rose Mix, City Clerk 386 City Hall St. Paul , Minn. 55102 � Dear Madam: This is an appeal to the City Council by S'Dona Development, Inc. from a decision made by the St. Paul Board of Zoning Appeals. The appellant requests a variance from the sideyard setbacks required in an R-1 residential district. This matter was heard by the Board of Zoning Appeals on July 12, 1977. Because a home with a slightly different floor plan could easily fit on this lot, Staff found the requested variance to be based more on convenience than on hardship. A motion to recommend denial was made by Hurr�ner, seconded by Grais, and passed on a 3 to 2 roll call vote, with Benshoof and Horak dissenting. This matter is scheduled to be heard before the St. Paul City Council on September 8, 1977. Sincerely, i��.r„ <:� u��vrr�cc�. ,, ' Jean S. Berman City Planner JSB/gf Zoning File No. 8170 421 Wabasha Street, Saint Paul, Minnesota 55102 (612)-298-4151 v i ... � • �� ' • �!�,,. ��. . �ity of saint paul �� � board of zoning appeais resolution . zoning file number 8170 '� date August 2, ,9» �, WHEREAS, S'Dona Development, Inc. has applied for a v riance fram the strict application of the provjsions of Section 61 .100 of th� Saint Paul Legislative Code pertaining to sideyard setbacks in an R-1 zoning�district� and t WHEREAS, the Saint Paul Board of Zoning Appeals condu ted a public hearing on July 26, 1977 pursuant to said appeal in accordance wfith the requirements of Section 64.203a of the Legislative Gode, and ; WHEREAS, the St. Paul Board of Zoning Appeals, based lupon evidenGe presented at the public hearing, as ref1ected 9n the minutes at,�tached hereto as Exhibit A, made the following findings of fact: 1 . The request for variance is based on the d9mensions of the pre- designed Wausau home selected for the site. Qther style5 would fit on the lot without requiring a variance. 2. Reducing the sideyard would impose on the neighboring property. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Bo�rd of Zoning Appeals that under the authority of the City's Legislative C4de, Chapter 64.206, it denies the request to relax the sideyard setback reqwirements on the property described in the legal description on the applicatio�n for variance (Exhibit B) attached hereto. , moved by Humner seconded by Grai s i n favor 3 against 2 � ���v,-Affidavtf?er��s`on�al Ser i�'e'�'""""'- �tate uf ,�i�rtne�ota, _�... �RADV.MARCUUS CO. 5T.MUL.MINN. �'<-u,�c, �f Ramsey � Wo�.,.. ;, � ss. , ,�. , . . .. ... . . . . .. . . . '. . �� �., ...,�..e'. .1-. ! �, �. ' � ; ,..�. �. ;', ' . . . . , . . , �i � �. . �.. .. . �r .�� ,. �,�.. µyt:h yr, . . . , , . . . .. . . . . .., � ' . . ' { . . . � . . , . . . . . .. � � . , �R .�. ���: . . • . . . . . ' _ . i� ��. • ����� k; . • ` t �. ,, 'i MINUTES OF MEETING OF THE BOARD OF ZONING APPEAL� TUESDAY� JU�y 26� �gl� � IN CQUNCIG CNAMBERS, SAINT PAUL. MIl�NESOTA �. , � PRESENT: Messrs. Grais, Benshoof. Horak, ,Humner and F1$hman pf the Board of � on�ng ppeals; Mr. Thomas Sipkins, Assistant City Atto�rney; Mr. Richnrd Anqy of the Division of Housing & Building Cade Enforcement;IMMes. Fearnside and Fux � of the Planning Staff. _ i ' The meeting was chaired by Stanley Fishman, Y'ice-Chair�n� 1n the absenCe qf� ' ; : Chairman Gladys Morton. , ; S'DONA DEVELOPMENT, INC. (�8170): M application for v�riance t0 construct d ngTe #a�i' y�e on property�ocated on the south.sid�e of William `Tell Rc�d. i The appellant was present. There was no oppositon. � � � Ms. Fearnside read the staff report and showed s}ides qf the sub�ect site. ; Mr. Robert Heck, 1771 Edward Street. said he r�present d the owner of the property (Thomas Grovack) and stated 1 ) The lot does narrow at he �Front which makes it ' hard to put in a home the same as others in the area. 2) Hardship would be that the purchaser used his life savings and applied for a �oan. �f variance is. � denied, he would lose the 6�% morteage and possibly lo$e the lot. 3) Variances have been granted in this same area within the past ye�r 4) No detriment to neighbors because most of them have built in the same �attern 5) No economic gain for the owner but a large loss if variance is not; granted. Mr. Hummer asked if this were a pre-designed home for �ny lot. Mr. Heck answered yes, that it was a Wausau home. Mr. Hummer asked if there were any reason for any other style home to be put on the lot, and Mr. Hec �said homes hav�e gone up and another style would not qualify for the present mo�tgage. Mr. Keith Isaac, 20 William Tell Road, said he lives st of the lot, and many homes that would fit onto that lot are available. He said he purchaser is figuring a garage in the home and if the garage were put in the r±ear, the hous� would fit onto the lot nicely. He said he had to conform to the code and redesign his entire house and lo5t much money himself, so he felt that a smaller size home could go on the lot. He had a petition signed by 3 people who oppose anything other than a 10 ft. wide setback. He said his house is a $55,000 to $75,000 hqme, so he wants nothing closer than 10 ft. He said the people signing the petition have 20 ft. between their homes. and would be against anyone who wanted l ss than a 10 ft. wide sett�ack. Mr. Humner then moved for denial of the variance requ st, so that one neighbor would , not intrude on another. The motion for seconded by M . Grais and passed on a 3 to 2 , roll call vote, with Messrs. Benshoof and Horak disse�ting. Submitted by: App1^oved by: �� � , Wendy A. Fearnside • Staln�ey Fishman ! , I i � _. , . ,: : �,<��.:,, ,,,, � . � � PLANNING BQA.RD STAFF REPORT �Uly 12� �977 P18� Mmp 44 . ._..�. . . � � � ��4 �' ���� ��. �.� Q�'�Q, . i. APPLICANT'S NAME : S'Dona Development, Inc. � � � � , � �; 2. CLASSIFICATION . � Amendtnent � Appeal � Permit � Othlr 3. PURPOSE . Single Family Home - 4. LOCATION . South side of Wi1liam Tell Road 5. LEGAL DESCRIPTION : Lot 30, Block l , Bisanz 'Swiss Meadows 6. PRESENT ZOIVING: R-1 7. PURSUANT T0� Zoning Code Chapter; �1 Section: 100 paragraph: 8. STAFF INVESTIGATION & REPORT: Date: 7-6-77 gy; �$g A. PROPOSAL: The appellant wishes to build a single family home 70' x 24' . It wou e set back six feet on the east and seven feet on the west. B. FRONTAGE AND AREA: This pie-shaped lot has a 68 ft, frontage on the circular turn-aroun of i liam Tell Road. The lot widens to 90 ft. in the rear. It is about 9300 sq. ft. in area. It is a legal non-conforming lot in an R-1 zone. Lots in this zoning district are required to be 80 ft. wide and 9600 sq. ft. in area. C. UARIANCE: Section 61 .100 requires 10 ft. sideyar�d setbacks in an R-1 zone. Variances of 4 ft. on the east and 3 ft. on the west are required for the proposed development. D. SITE CONDITIONS: This flat, vacant, pie-shaped site is bounded by single ami y homes on either side. There is undeveloped land immediately to the south. The proposed house would be set back 32 ft. in the front and 47 ft. in the rear. E. AREA CONDITIONS: Because the area is not yet fully urbanized<r it,..has a , suburban quality. It is being developed with large sing]e family homes. The home to the west has a swimming pool and is separated from the subject site by a six ft. redwood fence. South of the subject site is a field about 10 acres in area which has not been platted. William Tell Road and the two streets to the north are cul-de-sacs. Several homes on William Tell Road have sideyards less than 10 ft. wide. F. FINDINGS: 1 . There is some physical basis for the variance, as the lot is somewhat pie-shaped. 2. In spite of its non-rectangular shape, this is easily a buildable lot. Many house plans would fit on this lot without requiring a variance. 3. The proposed development would not be incompatible with neighboring homes as several of these have narrower side lots than are now required. � G. STAFF RECOMMENDATIONS: Based on Finding #2, the requested variance appears to be based more on convenience than on hardship or practical difficulty. Staff reco�ner.ds the request be denied. r� . . . . ... ± ' • APPL �TION FOR ZONING ORDINANCE VA� .NCE � ' ,.���,.,. . CITY OF SAINT PAUL :� : � ,�. � I ZONING BOARD Q 1� ,� O � � $ A VARIANCE OF ZONING CODE CNAPTER , SECTION PARAGRAPH � y IS REQUESTED IN CONFORMITY WITH THE POWERS VESTED IN THE ZONING BOARD TO PERMiT THE ON PROPERTY „ , IDESCRIBED BELOW. �• A. A licant• PP , NAME: �i0�...a. �t �e/ 1,�.� , _ y ADDRESS �9S G✓�/�G �c�ilY �V Q.- 1. Property intsrest of applicant: (ownsr, cont�oct purchassr, etc,) �VA,�Irj�G��r 2. Name of ownsr (if differont) / L 7A r MA.� �YY GiQi�, ' B. Property Description; ADDI��55 *. �/f�1�.� 1. Leyal deseription: LOT �0 BLOCK Z ADD.Sw�!'f��R/A►�f G ` `, D /�r i Z. LO� iliQ:Lt��/ J r /�7i/9, �• 1� ' �: /VJ r9i � . f'.: .�T- 3�' .s'• T" _�k �d. n 3. Prossnt Use I�st t �w�� Pressnt Zonin� Dist. K"� I r1 �(;' �: _ C. Reasons for Requ�st: 1. Proposed use ' : '' n 1,�/ s��q/G. � r.► � �� �!J M�► Q�. ` - .,f! � ' ' �i!� ! ��.f;r• ' , �r �',� �:i.; _':'�����t:•�:,.i E�;f:i� 2. What chcracteristics of the �o ert ` �" ' ' P P Y Prevent ifs bei�rg�su�ssd fol,orry of thd permitted. uses in your zone? .���/�.t r rvwS a�Fr•r��"" vN �b1��t�Yit j3. How do the cbove site conditions prevent any reasonoble use of your proparty under t ' ance? � � ����NG �ILE S� o ; 4. $tate the speci ic var�a i , re appropriate. I S�'d� �..�c ✓G r r a �.c t,, -�a�,n�t�� � T. ,��n w� 4 �t���. , �.�� I�� Tu �!� �� U 'r�t Y S/ t � 5. Explain how your cose conforms to each of fhe following: � a. That the strict opplication of the provisions of the Zoning Ordinanc• would result + in peculiar or exceptional practical difficulties, or exeeptional undue hardships. � � � i 7�z /�/r.K � C��/� n v� Fw� s. "T,C�t- �o�.� � c► f T.(e ,L..y"`" b. That the granting of a variance will not be a substantial detri• CASHIERS USE ONLY iment to the public good or a I substantiol impairment of the , intsnt and purpose of the � j Zoning Ordinance. l����' �j / / Q ' /�J osT N�.,+�s , .► ,�, � , � � � i T�e a�ea... .�r� f/.r t_� ! �} • L o � �� �/v� �/ILCf / �lwA ,� . , . !:i�� �rC��� $ignoture �/ ( Case Number ' Date Received T/?'O/ �� . ,;. \ � � .."'� � :� \ � Q \ � \ � ' \�4 Q , � � y V . ,����,�,;, \ � � � '�� O Q � N ' \ -_ __ _-- -----------� �R \ , ' 0 \� . Q � O , Q � C __ _""�I'_' - -:_O � i,I;,� � �m� v y y O O O � O O J � � � � MATTERHORN LANE � � o � � - o , o o , a o 0 0 0 0 o ----- � _ ,, __�_ � o � o � � o 0 o v D ' � � --------- O � - WILLIAM TELL ROAD � 0 0� .{.::;;x � o \ �..v,,.,�...: � 1!:. . 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' �' a � Cou�cil �Zesolution f Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, S'Dona Development, Inc. of 395 White Bear Avenue . applied for a variance from the strict application of the pro- visions of Section 61.101 of the Saint Paul Legislative Code pertaining to side yard setbacks for property legally described as Lot 30, Blocic l, Bisanz Swiss D�eadows; and WHEREAS, the Saint Paul Board of Zoning Appeals, after holding a public hearing on said variance application on July 26, 1977 , pursuant to Section 64. 203a of the Saint Paul Legislative Code, denied the request for a variance of the side yard setbacks; and WHEREAS, S 'Dona Development, Inc. , pursuant to 5ection 64. 204 of the Saint Paul Legislative Code, has appealed the decision of the Board of Zoning Appeals to the Council of the City of Saint Paul; and WHEREAS, the City Council held a public hearing on September 8 , 1977, at which all interested parties were heard; now, therefore, be it RESOLVED, That the Council of the City of Saint Paul hereby finds, determines and declares., based on the record, that the physical conditions of the property. are not such as to create a peculiar or exceptional practical difficulty to, or exceptional undue hardship upon, the owner if the strict letter of the regu- lation were carried out; and, be it FURTHER RESOLVED, That the Council of the City of Saint Paul, under the authority of Section 64.206 of the Saint Paul Legislative Code, denies the request to relax the side yard setback requirements for property legally described as Lot 3Q, Block 1, Bisanz Swiss COUfVC[LMEN Yeas NaS�s Requested by Department of: Biitler � � � Hozza In Favor Fiiint Levine __ Against BY — Roedler S ylvester Tedesco Form Approved by City Attorney Aduptect t,�� Council: Date — __-- Certified Yassed by Counci( Secretary BY — �'� — -- — Appro.ed b5 '�1a�ror. Uate __-- _ __ _ Approved by Mayor for Submission to Council ��, ---------- ------ --------- --- i By - ----- __ _ _ _ _ _ y� ►�t�� �riN1T_ — CITY CLERK �j ��.N� � F'!N FINANCF I TY �1�` SA I NT ��A l.} L� COUIICII �€I Y CANAR'r ��E�ARTMENT - Al_:1E — MAYOR � File � NO. Council Resolutio� Presented By __ Referred To Committee: Date Out of Committee By Date Page 2. � P�ieadows; and, be it FIN�LLY RESOLVED, That this decision be communicated to the Zoning Administrator. for any necessary enforcement proceedings. a COUNCILIIEN 1'eas Na}�s Requested by Department of: Butler • � Hozza [n Favor Hunt Levine _ Against BY -- — — Roedler Svlvester Tedesco Form Approved by City Attorney Adupied b�� Council: Date � — — � � Certitied Pa5sec3 by Council Secretary �Y - B�: — Approved b} .11a��or: Date _ __ Approved by Mayor for Submission to Council �`� ----------- -- ---- BY — — — _ , , . . . . ; . ,� � • ,. . , .. :t_.. �_ u.; • , ...p ..., . . 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' . . . . . ;. . . . . :- . . . . . . . ... .'. . , ' :'. ,` 'u . , j , �; . , . , �`� � `� _, . : , � . : - . � _ ; , , �; � �` !� � . +. , . , i - : . . , r . . , . , ;>C e % : , . . � :. � • ` . � � s , , ,... : .. , ; • , , . 4-, : , ,. ,. � . . , ,� s _. . .,. . . . . . . , .. . ... . , �� . .. ��,� , .} . . . . . . � � . . . . . . . . � . . ... . . .. . . .. _ .. �'_ . � . ... . . . � � � .. � .. .. t � ' . `..�.. - � . . . '. � . i �� ' ` � � ' . . . �. .. . �f . -• " � . � . . .. � � . . � - ��7 ... . � . � � . � � _ _ � M �� .. . . . .. . . . . �� .. � � ' , . . � � ��Pr�� . , a BOARD OF ZONING CITY OF SAINT PAUL OFFICE OF THE MAYOR ' CITY PLANNING DONALD L. SPAID AIP PLANNING COORDINATOR September 7, 1977 Rose Mix, City Clerk 386 City Hall St. Paul , Minn. 55102 Dear Madam: This is an appeal to the City Council by S'Dona Development, Inc. from a decision made by the St. Paul Board of Zoning Appeals. The appellant requests a variance from the sideyard setbacks required in an R-1 residential district. This matter was heard by the Board of Zoning Appeals on July 12, 1977. Because a home with a slightly different floor plan could easily fit on this lot, Staff found the requested variance to be based more on convenience than on hardship, A motion to recommend denial was made by Hummer, seconded by Grais, and passed on a 3 to 2 roll call vote, with Benshoof and Horak dissenting. This matter is scheduled to be heard before the St. Paul City Council on September 8, 1977. Sincerely, t ,�.r, .� i��irirr�c�... � Jean S. Berman City Planner JSB/gf Zoning File No. 8170 421 Wabasha Street, Saint Paul, Minnesota 55102 (612)-298-4151 0 ' ��.,; � , r„ . �, �,i . city of saint paui ; p�: r board of zoning appeals r�solution . _ zoning file number 817Q : date August 2, 1971 � ��, � WHEREAS, S'Dona Development, Inc. has applied fOr a variAnce from the strict application of the provisions of Section 61 .100 of the Saint Pau1 Legislative Code pertaining to sideyard setbacks in an R-1 zontng district, and r WHEREAS, the Saint Paul Board of Zaning Appeals conducted a public hearing on July 26, 1977 pursuant to said appeal in accordance with the requirements Of �. Section 64.203a of the Legislative Gode, and WHEREAS, the St. Paul Board of Zoning Appea�s, based upon evidence presented at the public hearing, as reflected in the minutes attached hereto es Exhibit A, made the following findings of fact: l . The request for variance is based on the dimensions of the pre- designed Wausau home selected for the site. Other styles would fit on the lot without requiring a variance. 2. Reducing the sideyard would impose on the neighboring property. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that under th� authority of the City's Legislative Code, Chapter 64.206, it denies the request to relax the sideyard setback requireraents on the property described in the legal description on the application for variance (Exhibit B) attached hereto. moved by Humner seconded by Grai s in favor 3 against 2 - �ni,—A�davJf PE1"$� o��s • r ice � �t�e of ,��nrre�t�, . L Ut[R�,l p � �RADV-yA�CUUS CO. SL►AUL,MINN. . f _ _. - -- � .RamSe -- .r_. - -. S. ., . . ._ _-- Pn v n ,- ---- - --- � , . .• � . � . , .... �.�y:j: a .. .. ..,Tx t1 . � �. . , . , . r�l.' �. �_���.�.�y..,y, . . . ..1RlRM.'�^��dn . . . . . . . . . , . . � . �. . . �. '� . � � . . . � . .. . . . . ' � .�. �, ..`# g. • . � . .t; . , . MINUTES OF MEETING OF THE BOARD DF ZONING APPEALS TUESDAY. JULY 26, 1977 IN COUNCIL CHAMBERS, SAINT PAUL. MINNESOTA •� ► PRESENT: Messrs. Grais, Be�shoof, Horak, .Hunmer �nd Flshman of ths Board of oning Appeals; Mr. Thomas Sipkins, Assistant C1ty Attqrney; Mr. R1ch�rd Waey of the Oivision of Housing & Building Code Enforcement; Mmes. Fearnsld�e �ru� Fpx of the Planning Staff. � � The meeting was chaired by Stanley Fishman, ViGe-Chairman� in the �bsence of i Chairman Gladys Morton. S'DONA DEVELOPMENT, INC. (�8,�170 •_ M application for varlance to con&truct � � singT��'T—y Fi—ome on property�ocated on the south.side of William Te11 Road. The appellant was present. There was no oppositon. Ms. Fearnside read the staff report and showed slides of the sub�ect site. Mr. Robert Heck, 1771 Edward Street. said he reqresented the owner of the property (Thomas Grovack) and stated 1 ) The lot does narrow at the front which makes 1t hard to put in a home the same as others in the area. 2) Nardship would be that the purchaser used his life savings and applied for a loan. If variance is. � denied, he would lose the 6�% mort�age and possibly lase the lot. 3) Variances have been granted in this same area within the past year 4) No detriment to neighbors because most of them have built in the same pattern 5) No economic gain for the owner but a large loss if variance is not granted. Mr. Hummer asked if this were a pre-designed hame for any lot. Mr. Heck answered yes, that it was a Wausau home. Mr. Hummer asked if there were any reason for any other style home to be put on the lot, and Mr. Neck�said homeS have gone up and another 'style would not qualify for the present mortgage. Mr. Keith Isaac, 20 William Tell Road, said he lives west of the lot, and many homes that would fit onto that lot are available. He said the purchaser is figuring a garage in the home and if the garage were put in the rear, the house would fit onto the lot nicely. He said he had to conform to the code and redesign his entire house and loSt much money himself, so he felt that a smaller size home could go on the lot. He had a petition signed by 3 people who oppose anything other than a 10 ft. wide setback. He said his house is a $55,000 to $75,000 home, sa he wants nothing closer than 10 ft. He said the people signing the petition have 20 ft. between their homes, and would be against anyone who wanted less than a 10 ft. wide setaack. Mr. Humner then moved for denial of the variance request, so that one neighbor would : not intrude on another. The motion for seconded by Mr. Grais and passed on a 3 to 2 ; roll call vote, with Messrs. Benshoof and Horak d9ssenting. Submitted by: Approved by; �� , Wend A. Fearnside ` Y Stan�ey Fishman � . ` , , � . . . . .. . . . .. . .. . .. � 1 . .. . . . , .. �.�` � ' ' . . . . � . • • PLANI�iING BOARD STAFF REPORT �Uly 12, 1977 P1st Map 44 ' ' 8170 1. APPLICANT'S NAME : S'Dona Development, Inc. Z. CLASSIFICATION . � Amendment � Appeal � Permit � Othls 3. PURPOSE . Single Family Home 4. LOCATION . South side of William Te11 Road 5. LEGAL DESCRIPTION : Lot 30, Block l , Bisanz 'Swiss Meadows 6. PRESENT ZONING: R-1 7. PURSUANT TO Zoning Code Chapter: 61 Section: 100 Paragraph: 8. STAFF INVESTIGATION & REPORT: Dste: 7-6-77 gy; �Sg A. PROPOSAL: The appellant wishes to build a single family home 70' x 24' . I� wou e set back six feet on the east and seven feet on the west. B. FRONTAGE AND AREA: This pie-shaped lot has a 68 ft. frontage on the circular turn-aroun o i liam Tell Road. The lot widens to 90 ft. in the rear. It is about 9300 sq. ft. in area. It is a legal non-conforming lot in an R-1 zone. Lots in this zoning district are required to be 80 ft. wide and 9600 sq, ft. in area. C. VARIANCE: Section 61 .100 requires 10 ft. sideyard setbacks in an R-1 zone. Vari— a es of 4 ft. on the east and 3 ft. on the west are required for the proposed development. D. SITE CONDITIONS: This flat, vacant, pie-shaped site is bounded by single ami y omes on either side. There is undeveloped land imnediately to the south. The proposed house would be set back 32 ft. in the front and 47 ft. in the rear. E. AREA CONDITIONS: Because the area is not yet fully urbanized,. it:.has a . suburban quality. It is being developed with large single family homes. The home to the west has a swimming pool and is separated fram the subject site by a six ft. redwood fence. South of the subject site is a field about 1.0 acres in area which has not been platted. William Tell Road and the two streets to the north are cul-de-sacs. Several homes on William Tell Road have sideyards less than 10 ft. wide. F. FINDINGS: 1. There is some physical basis for the variance, as the lot is somewhat pie-shaped. 2. In spite of its non-rectangular shape, this is easily a buildable lot. Many house plans would fit on this lot without requiring a variance. 3. The proposed development would not be incompatible with neighboring homes as several of these have narrower side lots than are now required. G. STAFF RECOMMENDATIpNS: Based on Finding #2, the requested variance appears to be based more on convenience than on hardship or practical difficulty. Staff reconrnends the request be denied. , - .1 � • ' APPL �TION FOR ZONING ORDINANCE VA NCE I xw , . ��'�� CITY OF SAINT PAUL � . ' ZON I IVG BOARD ���,� Q 8 $ A �ARIANCE OF ZONING CODE CHAPTER , SECTION PARAGRAPH 4 IS REQUESTED IN CONFORMITY WITH THE POWERS VESTED IN THE ZONING BOARD � • ., i TO PERMIT THE ON PROPERTY , .. � DESCRIBED BELOW, � I � A. Appliwnt; NAME: `� � f+�A �t ✓Q � 1�� • I i ADDRE55_ 39� Vr�t/�� �C£Ity /gy�. I 1. Property interest of appliccnf: (owner, controct purchassr, efc.) �(��a,�y�tG��r 2. Name of owner (if diffsrent) ��Y�� i •�y� / . I! Oa►;�„ B. Property Description; ADDR�55 jt ,�i;cw�s l. Lsgal description: LOT �� BLOCK � ADD.Sw/�t�tt/i�f ,� ♦ 2. Lot size: F_" �'i� S� �3y�9� /,�,�9�! � .s: �or.p� r_ .�r 3 v- s• t- 4.,/c '�a. R J 3. Pressnt Use t�st c �i►�� Prea�nt Zoning Dist. " i�jl r (u - � _ C. Reaso�s For Rsquest: � _. 1. Proposed use ,i , ,� C1)-' jS,,. y/c F:� w., l� �/� w• � _. ., ; �, 1..� � � � Cl�Y P� ; ,�`�� ;,,, ,. E; � 2. What characteristics of the ro e�t `` ' p p y provent its beiri��'6'iad fol o'Ay o# !ha permitted uses in your zone? � � ��/L •t r r uws a4�Fi•o.��" �/" Ca/�ieee.�c � i3. How do the ubove site conditions provent any rsasonable use of your property under It ' ance? � ������ ��L` v I O 4. State the speci ie var�o i , re appropriate. I SdEt' �i�G ✓4ry� r�� � -�>�M.�O � 7'a ��r/► 4 f/�e I i �.�d �� ?'u � ' V^ U��t Y .?/ L � S. Explain how your case conforms to sach of the following: i a. That the strict applicotion of the provisions of theZoningOrdinance would result � in peculiar or exceptional practicol difficulties, or excsptional undue hardahips. I i ��L /�'✓/If L C c.(�►�� A o��w b s.-. T�L f—JrG/�.� I U � Ti(e �,��~ ( b. That the granting of a varianee i will not b6 a substantial detri- CASHIERS USE ONLY I ment to the publie good or a substantial impairment of ths ` I' intent and purpose of the Zoning Ordinance. �i � /Jl os'T N� e , � ���r�� I� � � �� � � `�►e a�e o�.. .�r�- C/.S � �. i . I �• S.�e /i..,cs i A..� f1 , I $ignature � • /�/�� � ( Case Number ' Dats Received T/�� 'O/�� � � . v -�-----�------ , . � _\ � Q \ � \ � ' \�� � ' v y � \ . � � '`� � Q Q � \ �- .._ ._ . .___. `' �� __.______._ . ., � � Q � O . 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F�an2., Mt�qaalota . , � � I�ar S�: � , ' , _ � � t , 5 , �� � S�+ '�it-7►.C+�anail sat d <1a�i�o!� I��e�r3et� �r S�t��is,, 6 ���`I,..�a eq�s:�di�cX . � ?C� spp�a�.: o!���'�feto+t; 13�we�ap�aa�. �nc.� to a �l.��, o��.�`�d�� ' , ." . %J Loni�g ��"'±a���ia� psAOp�s�� od (i�i�3�oi '�'ati �''�"!�&n4�h�',►�°��'` " �t.11 '� p�.�s�se s�aA ;rot�e�s to p�tarp�,'�7►►'�� '� '�+��6+��>�y ].arf;� ', � �;r- r � . . . . ; .,. _ _ � . v�rr �,y �;�, ; . , . ' ; ' � . , ; ' , , . - ' - Ci�T Clqrk_ , � . ; ;\. , . . / . �?:i{�'� , • . • � . ! , _ t. % t�as ;P�sy� 8�a!l,,;::Zaaiag ��atioo . � . _ �i].d�aa�g �t�.. y. ` � . ,, . , ' � , , . • . t i , ' • . . - � , _ ,., I - . ' ; ; • 'R . _ � \ M f ' S . , . . . + . , . , � . . . , ` • l �; . , . ,. ; � . . . — � ,� r � ..�. �. .� ' . .. . � � .,� ' � ," � . � � � � '� . ��. .���. � . �.` � � � � a � /� �--- . . . . .. . . . . � _ . . . . � � .. . - . . � . . . . ,��� : : - ' . , . . � � . _ . . . ..`, � . . . . . - � � � .. . . � ,.,- . �. . � .. . � � . . � , . . , .. .. - . , .. � . . � � . � � .:� - � . � � � �. , � �. . . . . / . . . . , , . 1: ._. � . . . , .. .. .. ., � . , . - . _ . . . .. . � . .. . _ ..�. -�..-i. ° �v ^ Y , � 1 � � �j / \,t 3�s (-v�',T���r �v�. �� � eston �,��� , ST. PAUL, MN 55106 omes inoorporated S'DONA DEVELOPMENT, INC. Phone: 612/772-2148 (Office) . �,,:------�. ! � August 3, 1977 __ St. Paul City Council RE: ZONING FILE �k 8170 �' �A� � �/ /'t�� "'� ���� �es/ 6�'�"'f�N��A/ C �/�� We were recently denied zoning variance on the above mentioned property. We would like to appeal this denial. Thank you, Thomas Drobac By � - /���!/•� � S'DONA DEVELOPMENT, INC. !!� �j V ���"'� CITY O� ST. PAUL D�PARTMENT OF EINANCE AND MANAGFMENT S�RVlCES �����'�,� ASSESSMENT DIVISION � 113 CITY HALL ST.PAUL,MINNESOTA 55102 August 19, 1977 � � � File XI940 Page . : Dear Citizen: - As a courtesy to you, and as required by law, we want to notify you abou� a public hearing which may affect you. . � The Council of the City of St. Paul wi�l hold a public hearing in the Council Chambers of the City Hall and Court House (third floor) at 10:00 a.m. on September 8, 1977 on the; • APPEAL on S'Dona Development, Inc. to a decision of the Board Zoning Appeals regarding the appZication for a permit to build a singZe family home on Lot 30, Block 1, Bisanz Swiss Meadows. The property is located on the south side of William Tell Road between McKnight and unimproved right-of-way. If you would like further information about this hearing, contact the Current pZanning Section of the planning Board, 421 Wabasha Street or telephone 298-4154. While the City Charter requires that we notify you of the hearing, we want ta � help you to learn fnlly about any improvement that could affect you or your community. Therefore, I sincerely hope you can att�nc: this hearing, so that you can make your views about it known to the City Council, whether for or against. J. WTLLIAM DONOVAN . ' VALUATION AND ASSESSMENT ENGINEER