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262979 2629'�9 � WHI7'E — CITY•CLERK �•' PINK ,'�—�9NANCE COU11C11 BL�tERY-_ DM�E��TMENT . GITY OF SAINT PATTL File NO. s � � dinccnc �'6 J r Ordinanc � � Presented By Referred To Committee: Date Out of Committee By Date .An ordinance amending Section 60.05 f. of the Saint Paul Legislative Gode , pertaining to zoning restrictions of fast food restaurants , drive-in restaurants , and other drive-in businesses. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That Section 60. 05 f. of the Saint Paul Legislative Gode be and the same is hereby amended by deleting the same in its entir�ty and substituting in lieu� and in place thereof' the following: 60.05 - Commercial Districts � "f. (1) That no permit shall be granted Yor any filling station, auto sa�es lot , retail ice store , fast fooc� restaurant , drive-in restaurant , or any other drive-in business place in a commercial or light industrial district in any case , exeept upon a public hearing before the Council at least ten days after written notice to the owners of the several descriptions of all property within three hundred fifty (350) feet of the borders of the site proposed to be used for a filling station, auto sales lot, retail ice store, fast food restaurant , drive-in restaurant, or any other drive-in business . Any filling station for which a permit has been granted by the Council must be completed within six months from the date of such permit; if not so completed, the permit shall be null and void; provided, however, that when practical difficulties prevent completion within said period and for good cause shown, the Council may extend a filling station permit, whether COUNCILMEN Requested by Department of: Yeas Nays ��Butler Konopatzki In Favor Levine Meredith Against BY � � Roecller Tedesco Mme.President B�XeX Hunt Form Appr ed by City A�rney Adopted by Council: Date � � �� Certified Passed by Council Secretary BY „ , � BY ( Approved by Mayor: Date Approved by Mayor for Submission to Council By gY WHI7E - GTY � ERK . 1 2629,�9� PINK � -.FINANCE COII11C11 CANAIF.V =bE�?A TMEflT GITY OF SAINT PALTL B'.,� -M°�� File N 0. , . , ' Ordin�nce Ordinance N 0. /'�`Z�' _ . Presented By _ Referred To Committee: Date Out of Committee By Date Page 2. expired or not, without additional notice for one or more six-month periods . Fast Food Restaurants and Drive-in Restaurants are subject �to the fo llowing conditions : (a) The site shall be limited to a lot having � Commercial , Light Industrial, or Heavy Industrial zoned property within three hundred (300) feet of the site . (b) Points of vehicular ingress and egress shall not be onto a street which is used primarily for access to abutting residential property. (c ) Points of vehic�lar ingress and egress shall be located at least sixty (60) feet from tht- �-ntsrs�c-tion of any two (2) streets and at least sixty (60) feet from any abutting residentially zoned property. (d) When the site abuts an alley which also serves residentially zoned land, no aceess from the site to the alley shall be permitted. (2) The notification requirement of this section shall not be applicable where the site proposed for any of the uses listed in sub-section (1) above is within the downtown business district. For the purposes of this section, "Downtown Business District" shall include all that portion of the COUtVCILMEIV Requested by Department of: Yeas Nays Hun t . Konopatzki In Favor Levine Meredith ` Agaitlst BY �a Roedler Tedesco Mme.President Butler Form Appr ed by 'ty At ey Adopted by Council: Date ! i ,� ,y�� Certified Passed by Council Secretary BY � By Approved by Mayor: Date Approved by Mayor for Submission to Council By By WHI7E — CIT.Y CLERK . PINK �j§'INANCE C011I1C11 CANA'RdS — Q�£P�RTMENT GITY OF SAINT PAITL File NO. 2629`�9 B�-ld'E —fv�AYQR • . � ; � Ordin�nce Ordinance N�. /�� ' Presented By Referred To Committee: Date Out of Committee By Date Page 3. City of Saint Paul lying within and bounded by the following streets : Beginning at the inter- section of Shepard Road with Ghestnut Street , Chestnut Street to Pleasant Avenue , Pleasant Avenue to Kellogg Street, Kellogg Street to Summit Avenue , Summit Avenue to Tenth Street , Tenth Street to Interstate Freeway 94, Inter- state Freeway 94 to Lafayette Bridge , Lafayette Bridge to where the bridge crosses over Warner Road, Warner Road to Shepard Road, Shepard Road to Chestnut Street. " Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage , approval and publication. COUNCILMEN Requested by Department of: Yeas Nays �tX� n.��iwi� Konopatzki In Favor �r ` Meredith 0 Against BY � $�� Tedesco Mme.President ��r HUrit C g �g74 Adopted by Council: Date �LB Form Approved by City A,t�torney \ 1?�!'.. Certif' a ed by Co cil S ary BY " - - B l Appro May Date Approved by Mayor for Submission to Council By By .P�BLISHED �FF B � 4 . , . . �;mrry �. Marsha8 `� ' � ,, J� Aibert B. Gison • ' CiB�{Cderk anct �lT Y oF C%/�' Councit Reeorder � Commisioner of Registratioat o��,=;:+1,�:;SI� ' 2629'79 ::� O �F10E OF THE CITY, Cl �RK CITY O� SA�NT PAI�L BUREAU OF RECORDS `p � � � s �� S86 City Hall 1, St.Paul Minnesota 55102 t� (1 y r� �} ' �` ' t'i U s� G � ��p.i . , C�R. .�. ?�T1�A� F�4��lS��, ` / / � . , , r � � ; ovember 21; 1973 � Mr. Scott Davies City Attorney Dear Sir: The Council today received the attached letter and file from the Planning Coordinator transmitting the action of the Planning Commission to approve three Zoning Code amendments to provide for an increase in the number of property owners who received written notice of public hearings , and the entire file was referred to you for summary and for advice • on how to proceed. Very truly yours, • / Z`�� City Cle k C ABO:ml � � , i.. � ' . "��Y",�r� - . �629"79 � CITY OF SAINT PAUL OFFICE OF THE MAYOR CITY PLANNING DEPARTMENT VINCENT M. COUGHLIN PLANNING COORDINATOR � November 13, 1973 Madam President and Members of the Council Room 719 City Hall Saint Paul , Minnesota 55102 Dear Madam President and Council Members: On October 26, 1973, the Planning Commission held a public hearing on three amendments to the Zoning Ordinance which increases the number of property owners who receive written notice of public hearings on parking lots, drive-in businesses, and variances and appeals. The Notice of Public Hearing was published in the Saint Paul Lega1 Ledger on October 5, 12 and 19, 1973. At the conclusion of the public hearing, after hearing all who wished to testify, the Commission considered a report which proposed findings on the amendments. After considering the public hearing testimony and report, a motion was made and seconded to accept the three zoning code amendments. The motion passed unanimously. A copy of the Printer's Affidavit of Publication, the Report to the Planning Comnission, and the Planning Comnission minutes of October 26, 1973, are attached. If you have any questions, contact Mr.Ryan of our office. Very truly yours, , . . � h� . Vince~n M� Coughlin Planning Coordinator VMC:smf Attach. � � � � �'��: � �� ,�, 421 Wabasha, Saint Paul, Minnesota 55 02 � (612) 298-4151 ,, �.. � . _ � . � 2629`79 ... .�... ...�_.¢�z_.. _. _ __��. :_ _ . . ...� ..__.__.._ . _ _ _: _ � __ _ , . ,�_ . .. . ^ _.___ _ ._ -___ _ _ _ ___ ._, , -_a�m M ��o w - 0 �4.m.��yy�y . v�a�� M��C� x . � ��y�.sn��mp� � �y _ o...oaA.°: 'ti�o ��otr' C �� . .. a �00.7�7'dro„"o �r�c"��Cx?�E��`,nNyl�fn'J(��D�(��D C�E�m�d�"1CO�"J"�G�f^�D�-'71n�f�'�7=p'O ON�G.Vi� �M"OyN�C .y., ! N wm�0�� m �y a''�'A.d�y.�`.. ro? c3� ":�Ea �' �' x' �� m�-�t1m mb.��-CK� F.J�o w.� �yA�� .m n , � r O M y oa ^f"'...r. 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NOTICE QF'PUBLIC SEAAING ' �� : The Plannirig Commission of Saint PRINTER'S AFFIDAVIT OF PUBLICATION �� Paul has initiated proceedings relative to the amend:ng of the first two para- STATE OF RiI:VNESOTA, graphs of Section 64.03 of the Saint COUNTY OF RAIISEY, s'' Paul i.egislative Code, pertaining to the ;meetlngs and procedures of the Board ot ZontaB as sollows: 8amuel E.Lelvis,Jr.,being duly sworn,on oath says he fs and during all the t{mes heretin stated SECTION 1 has be,en the btisi>zess manager oj tlze newspaper known as The Saant Pau1 Legal Ledger a�ad � �hat the Hrst two paragraphs of Ser itas jull knouledge oj the jacts herein stated ¢s follows: (1) Said newspaper is printed in the Lion B4.o3 ot the Saint Paul Legislative EtaglisTi lanni<age in neuspaper Jormat and in column and sheet jorm equiv¢lent in pranted s�ace Code is amended by deleting entirely to at least 900 s :�are inches; (2) Said news a er is a dail and is distrtibuted dail exce t 3unda , ,all of the first two �ragraphs of Sec- 4 P P y y P y 'tion 6a.o3 and su�stitut�ng �n iieu Dlonday and Holidays; (3) Said newspaper )cas 25% oj its news columns devoted to �aews o/ and in place thereof the following: IoCa1 interest to the comm2cnity wlaich. it purpo7•ts to serve and does �aot wholly duPlicate any ; 84.04 DdEETINGS AND PROCEDURE other pt�blication and is not �nade up entiT•e1y of Patents, Plate matter and advertdsements• OF THE BOARD—All meetings • � of We Board of Zoning shall be (4I Said newspUper is circulated in and near tlae municipality which it purports to serve, has : held at tne call of tne Chair- at Zecrst 500 copies regtdarly delivered to payin� stcbscribers, has an average oJ at Zeast 75% � • man and at such times as such of its total circ�rlration cacrre�titl aid or no �nore thara tlaree montTas in arrears and has entrT as Board ma>•determine.All meet- y p J ing� of the �oard �t-a11 be srer � ' �;r,ss �natt�� a i/s lxal I�ast-office; (5) Sai�l �tcwspaper �i�7•ports to serve th-e Cat� oJ i - public. The Soard st �11 �.eep rt, n ;� t7ir ('�r +�� pf Ra»isct� a>id 2t l,as :ts l;nm��t ofiice oj i.ss�!e iia !7�e Ctfu of �t. Yr il t;� � minutes of tn o*c - - - , = - �i>��? t'�. - �.. . ;tc ��r,i1,,, � < )t°^g 1'02r..S f t,v f —�1�„ showing the �-o*e o e. . � or tit . ir�tt,_.� z�r o ber upon every question. s:..� �; =::i�c�casE:�nc�its aiarZ sale oj subscriptio�ts and �naiutairaed bJ tlae mianaging ofjicer of said � Any person dissastisfied with +iewspaper or q�e�•so�ts in its enaploy and subject to his direction and controt durin� all sicch reg- the aecision or application of ul¢r busi�Less hours a�tid at avhicJi said newspaper is pri�ated; (6) Said newspaper �les a copy o/ the provisions of the Zoning eacli issue intinaediatelz zc•ith the Stnte 14istor-ical Societ Code by the Head of tne Divi- J y; (7) Said newspaper has complied with sion of Housing and Building aIl tlte jo-regoing co�tditiorrs for at least trco years precedi�ag the da� or dates of T:eblicatton me�c- Code Enforcement within the tioned bPlolv; (8) Said �ee2es�aper ha.s filed 2vith tlie Secretaiy of State of Min�aesota pi•ior to Department of Community �araual• 1 1 Services may appeal to the y , 966 artd eacla Ja�lt<ary 1 tkereafter an nj�idati7t in the for��i Prescribed by the Secretary Council by �filing notice of ap- of St¢te and signed by the manaq'riag oJ'ficer of sttid newspaper and suorn to before a notary Ptcblic . peai with the C�ty C1erk, and st¢ting that tlae neuspaper is a IerJai net<�spaper. ahall have deposited the sum � . . of twenty dollars (520.00) where TIOt'.3.C@ OF pLl�l�.0 `learin the appeal involves resiaential Se Jurther states o�a ont7�. that the printed ....................... ................�.. E� property, ana tne sum of thirty , )tereto attached as cc art hereo icas czit rom tice colii�n�as o said d011ars (�.30.00) where the ap- .................... P f t f # peal involves commercial prop- � erty to be paid by the appellant neu-spccper aaa� iv�s printed a�Zd published therein ti�t the En�lish Zan�zcage, once each week, for to cover the•cost of publication ^'i��,n��3� saacCessii•e u'eeks; that it 2oas first so ptiblishett on ...,F''�'��5... and the investigation, prepara- ......� thB . tioa and mailing of notices as t�' � ,., i hereinafter required. This ap- •••Jt'2•• d�y oI ••��Q`je+•••••••••, 19...7,3and 10RS therettfter printed and ptcbi�shed an f peal shall be su�mitted'to the J '-.�� - y . g , ��k1, day or ...7�.tQ i�.��......, 19..i� ! Boara of zonin who within everT .t. .4c2 to and i�icii�di�t the .L,. � . ten da5•s thereafter shall hear the appellant and shall transmit and that the folloici�ig is m printed copy oj the lo2cer ecrse alphabet jrom A to Z, botlt inclusive, in writing its recommendations and is ltereby acknoivledged as bci�ig the size arsd kind oj type zesed in the compostition and to the Council, together with tiblictttion oj said notice, to wit: � the reasons therefore. The P i Council, after fixing the time abcdef hi klmno for public hearing upon said 8 1 p4rstuvwxyz appeal, causing a notice stating � _ / (' � � /, the.time, place, and purpose of i,�.(�;�t,� {(,.{ L, 1;// ; ) _ � suEh hearing to be mailed at sAMUEL E. LEW�s JR.. least ten days prior thereto to r every known owner or agent of the premises affected and to every known owner or agent of the real estate situated within three hundred and fifty feet of � . n the same,addressefl in each 3n- . �Bubsenbed and awom to before �ne this ..1:th�yy or C}CtODeY` �,� 19� ,3 stame to the owner or agent at • his last known place of abode, � �'� and causing such notice to be published in the official news- � •�� }��`��"�_� ti� paper of said City at least one week preceeding such hearing, �.'. M. LEWIS may in a speciric case, by reso- �Notarial Seat) Notary Publio, Ramsey County, Minn. lution passed by a majority vote, after considering the reo- My Commission Expires November 25,1976. ommendation of the Board, and • after such hearing, determine and vary the application of 'the procisions of the Zoning ' •Code•in harmony with the Ben- f_;,...�.,k.�..< M:.., . F�:,,-_ _, _..,....... :. ._.,�xn�:._...�:.:....az.,,..,....�.,.:.�s��......:.:r<:a..,«�. , eral intent and purpose of the "' . same as follows: • , _ SE7CTION 2 ::r: _ � This ordinance shall take effect and � be in force thirty (30) days after pas- . • sage, approval, and publication. ' The Planning Commission has fixed � � • ' the 26th day of October, 1973, at 9:30 ' � • in t2te mormng in the Planning Com- '' missIon Office, 421 Wabasha Street, and at said time and place will hear all � � objections and recommendations rela- � . tive to said amendment. ; _ CAROLYN COCHRANE, . � ' Chairman, , Planning Commission �� i � � of Saint Paul (Oct.5-12-19) no sllps , , R ��LECAL LEDGER�� .�� . -.Y . '.. _.. . - . . __ . ' " . l • . � ... ' . . ._. � .;?:-•�- . . . _ ._ _.— r..! ' � �' ' � - - +. NOTICE OF PUBLIC HEARING The Planning Commission of Saint PRINTER'S AFFIDAVIT OF PUBLICATION �(1� Paul has initiated praceedings relative �� to the amending of Section 6U.OSf.of the STATE UF 11fINNESOTA,SS � � Saint Paul Legislative Code, pertaining to zoning restrictions of fast food res- COU�TTY OF R�1�ISEY, taurants, drive-in restaurants, and other drive-in businesses as follows: i Samuel E.Lewis,Jr.,being duly sworn,on oath says he fs and during all the times herein stated 3ECPION 1 � has been the business manager oj the newspaper known as The Saint Paui Legal Ledger a�id That Section so.o5f. of the Saint Paul has full knowled�e of t3ae facts herein stated as follows: (1) ,Said nezvs a er is r 'Legislative Code is amended by deleting p p p inted in the entireiy all ot section 60.O5f. and sub- Exgtislti lan�Tt¢ge in newspaper format and in coltemn arid sheet form equivalent in printed space stituting in lieu and in piace thereof to at lecrst 900 square inches; (2) Said ne2ospaper�s a daily and is distributed daily except Bunday, the tollowing: b2ond¢y and Holidays; (3) Suid newspaper has �5qa oj its news columns devoted to news oJ 6o.o5—Commercial Districts. Iocal interest to the commzcnity which it pzir�orts to serve and does not wholly duplicate any L(i> That no permit shaii be 8rant- other public¢tion a�id is not made up enti7•ely of Patents ed for any filling station,auto , plate matter and advertisements; sales lot, retaii tce store, iast (41 Baid newspaper is circulated in and near the munici�ality which it purports to serve, has iood restaurant, drive-in res- at least 500 copies regularly delivered to paying sicbscribers, has an average of at ieast 75% taurant, or any other drive-in of its total circacl¢tion currently paid or no snore than tTaree montlis i�t arrears and has entry as �usiness pface in a commer- cial or]ignt inaustrial district secorid-class n�after i�t its locaT. post-ojfice; (5) Said �zeivspaper p2�a•ports to serve the City oj in any case, except upon a St. P¢rt.� i�t t1�e G`r,�t��ty of Pnrr��ey cnt.d it h.cr.s its k�t�izv>a ofJice o/ iss�te in t3te Cit2� of St. Pct�tl iit public hearing bewre the� , �� ,,,,�n.�;�T,�, F �; Councii at least ten _- -- �� . � � n;t�l o,�.,a �, r i:rn iGs rer�,rlar husines.s hours ,ta>• t7ie ��t.']�r,��i�aJ of >te:rs. written notice to tt � ..�°_. �. . ., __ .. : ,,, ,. ,,, � ,- :. - `'.;. r�-:;; . ':.:` ' cG G� „�.: irirri2J�i'�J O�jiCl)' Of Sc1U of the several aescri�uons oi >zeuspc�Per or perso�is ara its.enLploy a�id subjcct to his direction aatd controi duri�i� all such reg- all property within three hun- 2tlar bttsi�t8ss hours and at whicTL said news a er is rinted; (6) Said newspaper f�les a copy oj dred fifty (350) feet of the P p p ' borders of tne site proposed eacla tissi�e inintediateTy lvith the State Histor-ical Society; (7) Said newspaper has comPlied a�ith to be used for a filling station, all the fm•egoi�ag conditio�ts jor at Zeast tavo years Preceding t)tie da� or dates of �:cblicc�tion men- suto sales iot, retail ice store, tio�tierl belolc; (8) Snid neivs a er has led ivith tlte Secretari o State o 1�1ira�tesota fast food restaurant, drive-in P P fi J f f p�'ior to restaurant, or any other Jaiauary 1, 1966 arad eac)a Jt[n2cary 1 tlaereaftcr an nJ�idavit in the jornL prescribed by the Secretary drive-in business. Any filiing oj State and si�ned by tlae manaqi�zq officer o/said newspaper and suorn to before tt notar station for which a permit has y Ptiblic beea granted by the Council stating that the newspaper is a Ieqal �teat>spaper. must be completed within six Notice O� pUJI�.0 I�e3Y'Iri�' months irom the date of such� He Jurther states o�t oath that the pri�tited ........................ ..... .. permit; if not so completed,� the permit shall be nu�l ana: ...,... ...,.....,.,., hereto attac)zed as a part hereof acas cact jrom tlae colti�nns oj said void; provided, however, that. when practical difficuities; newspnper aud ivas pri�ited and pubiislced therein titt th.e En�lish lccnpu�e, once each week, for prevent com letion within c-- /�•� a said period an for good cause I :.........l successitie weeks; that it ivas first so picblislaed on r��` ,y hree , ....... . .........., tne shown, the Council may ex-; 'tend a filling station permit,! . .,t�'.th:., day o/ ..�C��Q�Y.`,,,,,,,.., 19.7�. and �cas thereajter printed and �ublfshed on whether expired or not, with-• • ].�t�� y f . �C't�U�I' � out additional notice for one ete�,/ ..:a'�,4�$y........ t0 cLnd ittCdttdt�ig the ........., da o .......... 19.73 or more six-month periods. � Fast Food Restaurants and i and that the jollolving is a prtnted copy oj the lower case alphabet jrom A to Z, both inclusive, Drive-In Restaurants are sut-j and is hereby acknowledged as bcinq the size aszd kind oJ type iased in the composition and �o�to the following conai- pTCblica.tion of said notice, to wit: (a) The site shall be limited abcdefghijklmnopqrstuvwxyz to a lot having Commer- cial,-Light Industrial, or / [ / 'y Heavy Industrial zoned _y1��1�YtLt 1 J A C. -f--r'/+ ) !'�� property within ' three $AM7iF.T. E. LEVVIS, TR. hundred (300) feet of the aite. � (b) Points of vehicular in- �ress anct egr�ss sha� not 1C�th �CtO �I' 73 a es dentiallyt o�eaeais • Bubscr{bed and aworx io beJore sne this ........ day or � trict. ........ .......�19... (c) Points o! vehicular in- ' � �: gress and egress shall be r ,.' located at least sixty.(60) r " � 'l �_�.� � k � feet from the intersection C. 1VI. LEWIS , of any two (2) streets and • • at ieast stxty (so) feet �Notarial 8eal) Notary Pubiio, Rdmsey County, Minn. trom any abutting resi- My Commission Expires November 85,1976. ! dentially zoned property. ,(d) When the site abuts an I ' alley which also serves� � residentially zoned land, no access from the site to the alley shall be per- . >.-...,.,._::_ _ .�..::.� mitted. . - . �_,.1,.��i.:,,��,r�_ _r .._....�..,...�,_. .N_....� .�,.�,--�.,e. o,..,....w_, r,, . . :._,_ . . , � (2) The notification requirement ' • of this section shall not be applicable where the site pro- ,_:;a; _ , posed for any of the uses listed in sub-section (1) above is within the downtown busi- � � . ness district.For the purposes � • of this section, "Downtown , ' � Business DistricY' shall in-I ,. � ' clude all that portion of the; City of St. Paul lying within I � and bounded by the following' � � - streets: Beginning at the in- � tersection of Shepard Road t - with Chestnut Street, Chest- - ' _ nut Street to Pleasant Ave- � . nue, Pleasant Avenue to Kel- - - logg Street, Kellogg Street to R Summit Avenue.Summit Ave- , � nue to Tenth Street, Tenth � �� . ' Street to Interstate Freeway =.,`Y, 94, Interstate Freeway 94 to _ Lafayette Bridge, Lafayette � • � Bridge to where the bridge • � crosses over Warner Road - , W9rner Road to Shepar� __ _. _. - _ - Road, Shepazd Road to Chest- • ' nut Street. � . . - { SECTION 2 � Thls ordinance shall take effect and - be in force thirty days after its pas- sage, approval and publication. . the 26tn1 daynof Oet ber,i 19i3,aatfi9 30 � t� the morning in the Planning Com- • 'misslon Office, 421 Wabasha Street, and � at said time and place will hear all oh�ections and recommendations rela- tive to said amendment. � ___:...._.�,t..��-....'.-� �_� . CAROLYN COCHRANE,I^ . _, , ' ---... Chair:nan._ � . - - •- _ . � , , " . 2629�� CONTENTS , I. Report to Planning Commission II. Amendments ' .� � �- � . . 262 _ . 9�'9 REVIEW OF PAST ACTION ` . Ordinances 261022 and 261023 amending the Zoning Ordinance to increase the number of property owners who receive written notice of public hearings on parking lots and drive-in businesses were re- ferred to the Planning Board on April 5, 1973. Property owners within 200 feet of the above uses now receive notice; the ordinances increase the distance to 300 feet. The Planning Commission at its August meeting referred the ordinances to the zoning subcommittee. Tfie subco mittee subsequently amended the ordinances to increase the distance for public notice from 300 feet to 350 feet and to exempt the downtown area from public notice. The subcommittee at the September Planning Commission meeting requested the Commission to hold a public hearing on the amended ordinances and also on an additional amendment which will increase the distance for public notice to 350 � feet for variances and appeals. The last mentioned amendment also strikes outmoded references to the Comnissioner of Parks, Playgrounds, and Public Buildings. PUBLIC HEARING The Planning Commission will hold a public hearing on the two aunended ordinances and the additional amendment on October 26, 1973, . at 9:30 A.M. at the Commission's office. Newspaper notices haVe ee�n p—u�lished in the Legal Ledger on October 5, 12 and 19, 1973. REQUIRED ACTION BY THE COMMISSION Section 64.06 of the Zoning Code requires the Comnission to make the following findings: 1 . Consider whether the number of description of real estate affected by amendments to an existing zoning ordinance render the obtaining of written consent impractical . 2. The Planning Commission shall have made a survey of the whole area of the City or of an area of not less than 40 acres, within which the amendment would take affect when adopted. - 3. A finding must be made on one of three alternatives: a. the amendment is reasonably related to the overall needs of the City, or; b. the amendment is reasonably related to existing land use, or; c. the amendment is reasonably related to a plan for future ' land use. � �� s� 9�y PLANNING COMMISSION FINDINGS ON AMENDMENTS 1 . Since the ordinance affects all land within the City, the obtaining of written consent of two-thirds of the � . description of real estate affected by the ordinance is impractical . 2. The Planning Corr�nission iias made surveys of the whole area of the City beginning in 1957 and continuing into 1973. Such surveys consist of land use surveys, existing zoning surveys, and surveys in conjunction with comprehen- sive plans. 3 a. The three amendments are reasonably related to the over- all needs of the City. The last legislature changed the distance to which public notice is sent to 350 feet; the three amendments will make the distance uniform for all zoning matters. The review of permits and variances is as important as review of rezonings; they should be treated equally. Moreover, a uniform distance will ease admin- istration of the zoning code. It is reasonable to exempt the downtown from public notice on permits since the downtown area is properly zoned for non-residential use; conflicts betw�en varying intensities of use in the downtown is at a minimum. Although permits are to be exempt from public notice, � they will still have to be reviewed by the City Departments, Zoning Board and City Council . b. (Does.-not apply.) c. (,Does not apply. ) � T • _ a ' . • . � . � 2629 �y Nt�TICE OF PUBLIC HEARING 1"he Planning CommissieT° of Saivnt Paul has initiated proceedings - relative to the amending oi. ° ;�e first two paragraphs of Section 64.03 of the Saint Paul Legislati�:-:� Code, pertaining to the meetings and procedures of the Board of �:oning as follows: SECTION 1 1"hat the first two paragraphs of Section 64.03 of the Saint Paul Legislative Code is amended by deleting entirely all of the first two paragraphs of Section 64.03 and substituting in Lieu and in place thereof the following: 64.04 MEETINGS AND PROCEDURE OF THE BOARD - All meetings of the Board of Zoning shall be held at the call of the Chairman and at such times as such Board � may determine. All meetings of the Board shall be public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question. Any person dissatisfied with the decision or application of the provisions of the Zoning Code by the Head of the Division of Housing and Building Code Enforcement within the Department of Community Services may appeal to the Council by filing ' notice of appeal .with the City Clerk, and shall . have deposited the sum of twenty dollars ($20.00) where the appeal involves residential property, and the sum of thirty dollars ($30.00) where , the appeal involves coIIUnercial property to be paid by the appellant to cover the cost of publication and the investigation, preparation and mailing of notices as hereinafter required. This appeal shall be submitted to the Board of Zoning, who within ten days thereafter shall hear the appellant and shall transmit in writing its recommendations to the Council, together with the reasons therefore. The Council, after fixing the time for public hearing upon said appeal, causing a notice stating the time, place, and purpose of such hearing to be mailed at Least ten days prior thereto to every known owner or agent of the premises affected and to every known owner or agent of the real estate situated within three hundred and fifty feet of the same, addressed in each instance to the owner or agent at his last known place of � . - 1 - 1 •� . . 262 . 9�� abode, and causing such notice to be published in the official newspaper of said City at least one week preceeding such hearing, may in a specific case, by resolution passed by a majority vote, &fter considering the recocianendation ot the iioard, and after such hearing, determine and vary the � application of the provisions of the Zoning Code in harmony with the general intent and purpose of the same as follows: SECTION 2 This ordinance shall take effect and be in force thirty (30) days after passage, approval, and publication. � The Planning Co�nission has fixed the 26th day of October, 1973, st 9:30 in the morning in the Planning Commission Office, 421 Wabasha Street, and at said time and place will hear all objections and recouunendations .. ' relative to said amendment. .. � Carolyn Cochrane , Chairman Planning Commission of Saint Paul - 2 - , - . , . ° . . . . '�6�9 . �� NOTICE OF PUBLIC HEARING . Z'!ie Planning Commission of Saint Paul has initiated proceedings relative to the amending of Section 60.OSf. of the Saint Paul Legislative Code, pertaining to zoning restrictions of fast food restaurants, drive-in restaurants, and other drive-in businesses as , foltows: � SECTION 1 That Section 60.OSf. of the Saint Paul Legislative Code is amended by deleting entirely all of Section 60.OSf. and substituting in lieu and in place tHereof the following: 60.05 - Coc�anercial Districts. f. (1) That no permit shall be granted for any filling ' station, auto sales Lot, retail ice store, fast � food restaurant, drive-in restaurant, or any other - drive-fn business place in a co�nercial or light industrial district in any case, except upon a public hearing before the Council at least ten days after written notice to the owners of the several descrfptions of atl property within three hundred fifty (350) feet of the borders of the site proposed to be used for a filling station, auto sales lot, • retail ice store, fast food restaurant, drive-in � restaurant, or any other drive-in business. Any filling station for which a permit has been granted by the Council must be completed within six months from the date of such permit; if not so completed, � the permit shall be null and void; provided, however, that when practical difficulties prevent completion within said period and for good cause shown, the Council may extend a filling station permit, whether expired or not, without additional notice for one or more six-month periods. Fast Food Restaurants and Drive-In Restaurants are ' , - subject to the following conditions: (a) The site shall be limited to a lot having Con¢nercial, Light Industrial, or Heavy Industrial zoned property within three hundred (300) feet of the site. . - 1 - . _ _._ . � -, �� . � � � " � � � � � �6�9'79 ��, . � � - � �� . _ �� ,. �r� _ � ' � �. � �y" �I n � 0� �� ,`�� ,7r i� � � ��%� � � \ i� A,� ✓ Points o vehicular i gress and egress shall � ��:� ,�.` ` (b) � �,�, `��n,� not be ont treet�l � . �� G�-c.t¢�-o • , , , (c) oints of vehicular ing� and egress shatl be located at least sixty (60) feet from the intersection of any two (2) " streets and at least sixty (60) feet from any abutting residentially zoned property. (d) WEien the site abuts an alley which also � serves residentially zoned .land,�no access from the site to the alley shall be permitted. (2) The notification requirement of this section shall not be applicable where the site proposed for any of the uses listed in sub-section (1) above is within the downtown • business district. For the purposes of this section, "Downtown Business District" shall include all that � portion of the City of St. Paul lying within and bounded by the following streets: Beginning at the intersection of Shepard Road with Chestnut Street, Chestnut Street to Pleasant Avenue, Pleasant Avenue to Kellogg Street, Kellogg Street to Summit Avenue, Suuanit Avenue to Tenth Street, Tenth Street to Interstate Freeway 94, Interstate Freeway 94 to � Lafayette Bridge; Lafayette Bridge to where the bridge crosses over Warner Road, Warner Road to Shepard Road, Shepard Road to Chestnut Street. SECTION 2 This ordinance shall take effect and be in force thirty days after its passage, approval and publication. The Planning Commission has fixed the 26th day of October, 1973, at 9:30 in the morning in the Planning Commission Office, 421 Wabasha Street, and at said time and place will hear a11 objections and recommendations relative to said amendment. Carolyn Cochrane � Chairman Planning Commission of Saint Paul - 2 - ' � + � � � � 262 9�9 NOTICE OF PUBLIC HEARING , The Planning Commission of Saint Paul has initiated proceedings relative to the amending of Section 60.23(4) , subsection d. (1) , of the Saint Paul Legislative Code, pertaining to the procedures for the establishment of vehicular parking places as follows: SECTION 1 That Section 60.23(4) , subsection d. (1), of the Saint Paul Legislative Code is amended by deleting entirely all of Section 60.23(4), subsection d. (1) , and substituting in Lieu and in place thereof the following: (1) Upon receipt of the report of the Board of Zoning the Council shall conduct a public hearing at � least ten (LO) days after written notice to the owners of the several descriptions of a11 property ' within three hundred fifty (350) feet of the ' . borders of the site proposed to be used for a - � vehicular parking place. The Council in granting any permit may attach reasonable conditions thereto � with reference to requiring wa11s, fences , hedges or other features to facilitate traffic safety and to protect adjacent property and may limit the operation and use of said parking facility to the end that the development wi11 comport with the character of the district in which it is Located ' and that nuisances are prevented. _ • The notification requirements of this section shall not be applicable where the site proposed to be used for vehicular parking space is within the downtown business district. For the purposes of � this section, "Downtown Business District" shall � include all that portion of the City of St. Paul � lying within and bounded by the following streets: Beginning at the intersection of Shepard Road with Chestnut Street, Chestnut Street to Pleasant Avenue, � Pleasant Avenue to Kellogg Street, Kellogg Street , to Su�mnit Avenue, Summit Avenue to Tenth Street, Tenth Street to Interstate Freeway 94, Interstate Freeway 94 to Lafayette Bridge Lafayette Bridge to where the bridge crosses over Warner Road Warner Road to Shepard Road Shepard Road to Chestnut Street. - 1 - r • � Y . . . . 2629'�9 . SECT�ON 2 This ordinance shall take effect and be in force thirty (30) days after its passage, approval and publication. The Planning Commission has fixed the 26th day of October, 1973, at 9:30 in the morning in the Planning Cocianission Office, 421 Wabasha Street, and at said time and place will hear all objections and reconanendations relative to said amendment. Carolyn Cochrane Chairman Planning Co�aniss ion of Saint Paul � � � � . ,� � - - 2 - � r na �gats�aa: - � � � - �.`�fivfa4auaase . . ,<�.g,. '.9�H7)r'��s . . C�'�1' OF �AIN� �PAUL OFFICE OF 'rAE CITY COUNCIL CI�Y HALL AND COITRT HOUBF VICTOR J. T�DESCO SAINT PALTL. 1�TINNESOTA 53102 MICHAEL H. SIRIAN Ceuncilmaa Y$o x E s i� / 2 2 3-4 4 a i Legislative Aide May 29, 1973 Mr. Albert B. Olson City Council Recorder 386 City Hall St. Paul, Minnesota Dear Sir: This office requests that Mrs. May Pesina be notified of the public hearing date for Council File numbers 261022 and 261023 (both extend notification limits to 3t10 feet for public hearings; C.F. 261022 in regard to vehicular of�street parking and C.F. 261023 in regard to drive-in and fast food applications). Mrs. Pesina's address is 381 View Street, St. Paul, Minnesota 55IO2. Thank you for your cooperation. Yours truly, /� �%�� Victor . Tedesco Councilman cc-Mrs. May Pesina ' ^ .��' K,s � N i1f.a�P_Y4' . q-�� 79499a9A3BMb � .w ��'9a��$ . . . . `��= -= c � CIT�' 03E+' SAII�77T 7PA�T�, OFFICE OF THE CITY COZ'iNCIL CITY HALL AND COURT HOIT�JE VICTOR J. TEDESCO SAINT PAUL, �INNESOTA 55102 MiCHAEL H. SIRIAN Councilman Y H O N E s i 2 i ��s-4 4 s i Legislative Aide May 29, 1973 i � i Mr. Albert B. Olson � City Council Recorder 386 City Hall St. Paul, Minnesota �I Dear Mr. Olson: � � This office requests that Mr. Martin Gallagher be notified of the public hearing date for Council File Numbers 261022 and 2b1023 (both extend notification limi.ts to 300 feet for public hearings; C.F. 261022 in regard to vehicular offstreet parking and C.F. 261023 in regard to drive-in and fast food applications) . Mr. Gallagher's address is 1797 Sherwood, St. Paul, Min.nesota 55119. Thank you for your cooperation. Yours truly, y �� Victor . Tedesco Councilman cc-Martin Gallagher January 34, 19?�+ Mr�. May Pes3na 381 view st. St. Paul, Minneaote. 551Q2 .Dear Mrs. Pesina: Please be adviaed the�t Final Adoption of three ordinara,ces, C.F. 262979, C.�'. 262980 and C,F. 2b2981� wi].1 be considered on Friday� February 8� 197�+; all thx�ee ordit�aneea amending the Zoaing Code relative to notiPicatian require�nt� to property owners w3thin 350 ft. Youre very trulya City Clerk ABO:�mw ti � January 30� 197�+ Mr. Ma.rtin Gallagher , 1797 Sherwood St. Paul, Mtnnesota 55119 Dear Mr. Gallagher: Please be advised that Final Adoption of three ordinances, C.F. 262979, C.F. 2b2�80 and C.F. 2629$1� wi11 be eons3dered on Friday, February $, 1�74; a�.l three ordinances smend3ng the Zoning Code relative to notification requirementa to property owners within 35o ft. Yours very truly, City Clerk ABO:�mw ; �, ,:,� o lstr � i � � �� 2nd �(31 :�.�. �,, 3rd `� z �� Adopted ; ._��- � Yeas � � Nays ' � KONOPATZKI � 2629`79 MEREDITH � � i'ED.�SCO PRESIDENT (HUNT)