270233 WHITE - ERK
PINK - ' ' �T
CANqRV - ... � MENT GITY OF SAINT PA V L COUIICII
BLUE - MPVUR File NO. �'������
ouncil Resolution
Presented By �''L-J
Referred To Committee: Date
Out of Committee By Date
�TEIEREAS, Mervyn H. and Margiolina Hough applied on September
16, 1977, for building permits to construct five garages in
property owned by them in the vicinity of Portland and Arundel
Streets in the City of Saint Paul; and
WHEREAS, their application was denied by the Zoning Admini-
strator, and thereupon appealed by the Houghs to the Board of
Zoning Appeals; and
WHEREAS, the Board of Zoning Appeals reversed the decision
of the Zoning Administrator; and
4JEiEREAS, the Zoning Administrator appealed the decision of the
Board of Zoning Appeals to the City Council pursuant to law, which
appeal was heard November 22 and 29, 1977; and
WHEREAS, the City Council upon hearing.the arguments of the
parties and their attorneys, and upon a review of the evidence and
proceedings in this ma.tter, affirmed the decision of the Board of
Zoning Appeals; and
WHEREAS, the City Council also authorized the issuance of
the required building permits to the Houghs by the Zoning Admini-
strator upon condition that the Houghs immediately �ommence to
seek re-zoning of the parcel involved from RT-2 to RM-3; that the
( Hou ghs will in the event the re-zoning is denied demolish any garages
� built pursuant to those permits without appealing that decision;
that the Houghs obtain and file with the City a bond guaranteeing
! the performance of their agreement to demolish said garages; that
I the Houghs agree to indemnify the City, and further to release the
' City, as, provided in more detail in the attached contract; and that
� the Houghs enter into an agreement setting out the conditions and
' COUNCILMEN
i Requested by Department of:
! Yeas Nay�s
Butler In Favor
Hozza
Hunt
Levine _ __ Against BY
Roedler
Sylvester
Tedesco
Form Approved by City Attorney
Adopted by Council: Date —
Certified Yassed by Council Secretary BY
By
Approved by ;Vlayor: Date _ Approved by Mayor for Submission to Council
By BY
WH17E - � �LERK �[_`�j.
PINK - , i .NCE . TT COUIICII rv������',�'
CANARV - L.�. ARTMENT G I TY OF SA I NT PA V L � �
BLUE - MAYCJF File NO•
�
' Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
Page 2.
agreements in detail; and
___�:�-_.
WHEREAS, a contract has been prepared and is attached hereto,
and said contract does carry out the intention of the City Council
in regard to this matter; now, therefore, be it
RESOLVED, that the Mayor and the Director of the Department
of Finance and Management Services are hereby authorized and re-
quested to enter into and execute the attached contract on behalf
of the City of Saint Paul; and, be it
FURTHER RESOLVED, that the Zoning Administrator is hereby
authorized and requested to issue appropriate building permits
upon proper application by the Houghs for the construction of
� garages on the property as referred to in the contract attached
i hereto.
i
i
COUNCILMEN
Yeas Nays Requested by Department of:
Butler �
Hozza In Favor
Hunt
Levine _ � __ Against BY
Roedler
Sylvester
Tede (��G � � 1c37T Form Approved by City Attorney
Adopte y Council: Date —
C ified Pas� by Council S r�ary By
�
Approve j . or: Date 6 197'_7� Approved by Mayor for Submission to Council
, By /7/�, a By
' ` 4 197�
euBUSNEO oEC 2
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AGREEr1ENT
THIS AGREEMENT, Made this day of December, 1977, by
and between MERVYN H. HOUGH and MARGIOLINA HOUGH, husband and
wife, hereinatter referred to as "Houghs" , and the CITY OF 5AINT
PAUL, a municipal corporation under the laws of the State of
Minnesota, hereinafter referred to as "City" ;
WITNESSETH:
WHEREAS, Houghs are the fee owners of the following described
parcels of land located in the City of Saint Paul, County of
Ramsey, and State of Minnesota, the legal descriptions of which . .
are as follows, to-wit:
Parcel No. 1 •
Lots 1 and 2, Auditor' s Subdivision No. 38, St. Paul,
Minnesota, according to the plat thereof on file and
of record in the office of the Register of Deeds with-
in and for Ramsey County, Minnesota, (abstract property)
and
Parcel No. 2
North Seventy (N. 70) feet of Lot 3, Auditor' s Sub-
division No. 38, St. Paul, Minnesota, according to the
plat thereof on file and of record in the office of �
the Regis�er of Deeds within and for Ramsey County,
Minnesota, (registered property--Certificate of Title
No. 136526) ; and
WFiE2EAS, Parcel No. 1 is improved with a four-story brick
apartment building, containing seventeen (17) apartments, which
was constructed in the 1890 ' s and is commonly referred to as 436
.�, ,
;
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and 438 Portland Avenue; and
WHEREAS, Parcel No. 2, located south of and immediately ad-
jacent to Parcel No. 1, is currently unimproved and is being used
as a parking area by tenants of the Houghs who reside in said
apaxtment building; and
WF�REAS, Parcel No. 2 is located within the 5ummit Avenue
Restricted Residence District established by Ordinance (C. F. No.
11956) adopted by the Common Council of the City on August 3,
1916, Parcel No. 1 is not located within said District, and bath
Parcel Nos. 1 and 2 are currently located within an RT-2 Zoning
District under the City' s Zoning Ordinance (C. F. No. 264550;
Ordinance No. 15881) adopted by the City Council on August 28,
1975, and effective on October 25, 1975; and
WHEREAS, Houghs on or about September l6, 1977, applied for
Building Permits to construct five (5) garages on Parcel No. 2,
which application was denied by the Office of the City Architect/
Zoning Administrator (hereinafter referred to as "Administrator")
on that date; and �
WHEREAS, subsequent to said denial Houghs applied for admin- -�
istrative review thereof pursuant to Section 64.203 of the City' s
Zoning Ordinance, which review culminated in a public hearing be-
fore the City' s Board of Zoning Appeals on October 4, 1977; and
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WHEREAS, said Board of Zoning Appeals, in a Resolution
adopted by a 4 to 1 vote on November 1, 1977, reversed the Admin-
istrator ' s decision to deny said Permits on the grounds that (1)
� construction of the garages would not be an expansion of a non-
conforming use and (2) denial of the Permits would cause the Houghs
economic hardship; and
WHEREAS, the Administrator appealed the decision of the Board
of Zoning Appeals to the City Council on. the following three (3)
grounds set forth in his letter of November 15, 1977, to the
President of the City Council, to-wit: (1) Garages accessory to
a multiple-family residence are not a permitted use in an RT-2
District, (2) a multiple-family residence existing at the time of
the enactment of the Zoning Ordinance in an RT-2 District is a
legal non-conforming use that cannot be enlarged upon, expanded or
extended nor used as grounds for adding other structures prohi:bited
elsewhere in an RT-2 District, and� (3) the construction of public
garages, public stables, apartment houses, tenement houses, flat
buildings or any other buildings or structures for purposes similar
to the foregoing is prohibited by the aforesaid Summit Avenue Re-
� stricted Residence District Ordinance; and
WHEREAS, the appeal of the Administrator was the subject of a
public hearing conducted by the City Council on November 22, 1977,
which was continued to and concluded on November 29, 1977; and
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3. . ,
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WHEREAS, during said public hearing, the Houghs and their
attorney advised the City Council that they had possible damage
claims against the City for their detrimental reliance on certain
representations made by City officials to them and the down-zoning
of their property in the enactment of the Zoning Ordinance; and
WHEREAS, after hearing all of the evidence and arguments pre-
sented at said public hearing, the City Council on November 29,
1977, by a motion unanimously approved by all of its members, in-
terpreted the City' s Zoning Ordinance and the Summit Avenue Restricted
Residence District Ordinance to authorize the construction of the
five (5) garages on the Houghs ' Parcel No. 2, denied the Adminis-
trator ' s appeal, and authorized the Administrator to issue Building
Permits to the Houghs for the construction of said garages subject,
however, to the execution of this Agreement and the filing of the
bond provided hereby;
NOW, THEREFORE, in consideration of the mutual covenants and
promises herein expressed, the Houghs and the City agree as
follows:
l. Commencement of Rezoninq of Sub-iect Property. In the
motion adopted by it on November 29, 1977, the City Council stip-
ulated that the Houghs immediately commence a rezoning of Parcel
Nos. 1 and 2 from an RT-2 District to an RM-3 District. The Houghs
;
.
4. , .
�.
have obtained the written consents of nine (9) of the eleven (11)
owners of properties within one hundred (100) feet of Parcel Nos.
1 and 2 on a Petition to Rezone which Petition was executed and
filed in the office of the City Clerk on November 30, 1977.
2. Issuance of Buildinq Permits. The City hereby agrees that
immediately upon the City Council' s adoption of a Resolution rati-
fying the action taken by it at its November 29, 1977, Council meet-
ing, execution of this Agreement by both parties, and the filing
with the appropriate City official or department of the bond re-
quired hereby, the Administrator shall issue to the Houghs all
Permits necessary for the construction of the five (5) garages on
Parcel No. 2. In the event said Parcel Nos. l and 2 are not r ezoned
� to RM-3 by subsequent action of the Council, said Building Permits
shall automatically become void and of no further force and effect
�
on the date of the Council' s denial of the rezoning.
3. Demolition of Garaqes if Rezoninq Denied. In the event the
Council denies the rezoning to RM-3 of Parcel Nos. l and 2, the
Houghs hereby agree to abide by said denial and not seek judicial
review in any court and, further, agree to cause the five (5) ga-
rages to be demolished within thirty (30) days from the Council' s
denial of said rezoning.
4. Surety Bond. As security for the full and faithful perfor-
mance of their demolition obligation under the previous paragraph .
5
5.
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i
of this Agreement, the Houghs shall deposit with the appropriate
official or department of the City a performance bond, with con-
ditions and surety satisfactory to the City Attorney, in the sum
of Two Thousand Five Hundred and no/100 Dollars ($2, 500.00)--the
estimated cost of the demolition of the five (5) garages. In the
event the City Council approves the rezoning to RM-3 of Parcel
Nos. 1 and 2, then its Resolution approving said rezoning shall
contain a provision authorizing and directing the relinquishment,
release and termination of said bond.
5. Indemnification of City. Houghs, for themselves and their
heirs, personal representatives, and assigns, hereby agree to in-
I . demnify, hold harmless and defend the City and its officials,
I agents, employees and representatives, from any and all liability,
I
� claims, lawsuits, damages, judgments, injunctions, costs, charges,
and expenses (including reasonable attorneys ' fees) in any way
arising out of the subject matter �of this Agreement including
specifically, but not limited to, the City Council' s interpretation
of the City' s Zoning Ordinance and the Summit Avenue Restricted
Residence District as allowing the construction of said five (5)
garages and the issuance of Building Permits authorizing the con-
struction thereof.
6. Release of City. Houghs, for themselves and their heirs, ,
personal representatives, successors and assigns, hereby release
4
6.
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and forever discharge the City, and all of its officers, agents,
employees, and representatives, from any and all liability, dam-
ages, claims, causes of action, or suits that they now have as the
result of their alleged detrimental reliance upon representations
made by various City officials and alleged down-zoning of the
subject property zn the enactment of the City' s present Zoning
Ordinance, liability for which the City hereby expressly denies.
IN TESTIMONY WHEREOF, the parties have executed this Agreement
as of the day and year first above written.
HOUGHS:
Mervyn H. Hough
Margiolina Hough
;
CITY OF SAINT PAUL:
By:
Mayor
Director, Department of Finance
and Management Services
;
Director, Department of
Community Services �
7. "
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STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
On this day of , 197_, before me,
a Notary Public, within and for said County, personally appeared
MERVYN H. HOUGH and MARGIOLINA HOUGH, husband and wife, to me known
to be the persons described in and who executed the foregoing in-
strument and acknowledged that they executed the same as their
free act and deed.
Notary Public, Ramsey County, Minn.
(Notaxial Seal) My commission expires
� STATE OF MINNESOTA )
) ss.
COUNTY OF R�M.SEY )
On this day of , 197_, before me,
a Notary Public within and for said County, personally appeared
GEORGE LATIMER, BERNARD CARLSON, and THOMAS KELLEY, to me person-
� ally known, who being each duly sworn by me, did say that they are
i respectively the Mayor, Director of the Department of Finance and
Management Services, and the Director of the Department of Com-
munity Services of the CITY OF SAINT PAUL, the municipal corpora-
tion named in the foregoing instrument, and that the seal affixed
to said instrument is the corporate seal of said municipal corpora-
� tion by authority of its City Council, and said Ge�arge Latimer,
Bernard Carlson, and Thomas Kelley acknawledge said instrument to
be the free act and deed of said corporation.
Notary Public, Ramsey County, Minn.
(Notarial Seal) My commission expires