260422 WHITE - CITY CLERK COl1I1C11 ,
PINK - FINANCE GITY OF SAINT PAITL ������
CANARY`- DEPARTMENT
BLUE - MAYOR � Fll@ NO. .
� cil Resolution
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Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That upon and pursuant to the pertinent appeal,
under the Zoning Code, by James W. Hines, owner of the subject
real estate, situate in the City of Saint Paul and described
as:
Lot 13, Block 1, Sylvan Heights
Addition;
that the provisions of said Zoning Code hereby are determined
and varied as and to the extent necessary therefor to relax
the setback requirements on the southeast corner of Larpenteur
Avenue and McAfee Street so as to build a garage within 8 feet
of McAfee Street, subject to the condition that said appellant,
and his successors and assigns, othexwise, shall make due
compliance with all applicable provisions of municipal ordinances
state statutes and rules and regulations of public authorities
having cognizance.
t
COUNCILMEN
Yeas Nays Requested by Department of:
Hunt
Konopatzki � In Favor ,
Levine
Meredith � Against BY
Sprafka
Tedesco
Mme.President Butler �AN Q� �
Form Ap roved by City Attorney
Adopted by Council: Date
Certifi d a ed by Cou ' Se ry BY.
By
Appr by Ma . Date �73 Approved by Mayor for Submission to Council
By BY
�uB�i�� JAN 6197�
.SOARD OF ZONING, CITY OF ST. PAUL
1010 COMMERCE BUILDING • ST. PAUL, MINNESOTA 55101 • PHONE: 223-4151
November 16, 1972
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Mr. Harry E. Marshall
City Clerk
Roam 386 City Hall
Dear Sir:
This is written in response to the appeal of James W. Hines to relax
the setback requirements on property located on the southeast corner of
Larpenteur Avenue and McAfee Street. This property is further described as
follows: Lot 13, Block 1, Sylvan Heights Addition.
This matter was heard at the October 19, 1972, Board of Zoning public
hearing at which time the Board suspended the rules concerning notification
of Qroperty owners to hear this matter.
The staff passed out copies of the written staff report and explained
that the appellant proposes to build a garage within 8 feet of McAfee Street.
The legal setback is 24 feet from McAfee Street; therefore, the garage is
being built 16 feet, or 66,66%, closer than allowed. Referring to a picture
of the site, the staff noted that there is a curb cut on Larpenteur Avenue
which was constructed at the same time Larpenteur Avenue was built along the
frontage, apparently with the expectation that the garage was going to be
built on the east side of the house instead of the west side of the house.
It was noted that the front door of the house is oriented toward the technical
side yard along Larpenteur Avenue.
The staff argued that the setback is a type of visual open space shared
by all the people along the street and that this is one reason all the lots
were platted in the same direction, with none platted facing Larpenteur Avenue.
The staff questioned why the garage could not have been built on the east side
of the house, which would be the technical back yard. Mr. Erickson of the Building
Department explained that the a�pellant was granted a permit under the assumption
that this was a detached garage for which site plans are not required to obtain a
building permit. When the property was inspected, the setback violation was noted.
He said the appellant wasn't aware of the setback requirement because the house has a
Larpenteur Avenue address and therefore assumed that the garage was on the side
yard. He expressed the opinion that a garage would not be as suitable facing
Larpenteur Avenue which is a busier street.
The appellant said that a garage could not be placed on the east side
because of the presence of a picture window on the house. The appellant also
produced a petition signed by the neighbors within 200 feet.
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Mr. Harry E. Marshall - Page 2 - November 16, 1972
As the Board discussed this matter, it was noted that the frost footings
for the garage were already built and that there is no alley servicing this
property. They noted that other garages face McAfee along its east side.
Subsequently, a motion was heard to reco�end approval since the matter
lacked opposition and the petition of the neighbors favored the variance.
The seconding motion noted the lack of opposition and that other garages face
McAfee along its east side. The motion carried by a vote of 4 to 0. Mr.
Erickson, noting that the Council may consider an informal approval of this
matter on the following day, said he would notify the Council of the Board's
action.
Very truly yours,
�
�
PETER J. IETTA
Secretary, Board of Zoning
PJM:PLR:mb
Z. F. ��7429
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Jarnes W. �Iines
1•`?4U East Larpenteur I �•� 9
St. Paizl, `c.►inn. 55109
October 16, 1972
�he Honorable City Council
c�o City Clerk
Room 386, Court House
St. Paul, Minnesota 5510'�
Subject: Setback Variance
Ne respectfully ask your consideration in granting a relaxation
of �he setback requirement for Lot 13, Block 1, Sy?v�,n Heiohts
Addition.
The subject l�;t is locat.ed �in the southeastern corner of L•.�rpenteur
and McAfee Street in St. Faul and �+hile it has a Larpenteur Avenue
address it is platted for McAfee Street.
We were issued a ��iilding permit t,o buil:l �, ga,ra�c �7� our• lot.
�Ve had no knowledge of a setback require�nent for th�� propc•rt,}=.
Recause of t,his, t}ie property has been excavated e�,nd t:ic frost
footir.os are �,lready in. The �uilding inspector called a halt to
tYie construction c�nd notified us of the setback.
We propose to build a,n attached gar.age on the southwestern quadrant
of the above lot. Because of the regrading of Larpenteur Avenue
and the general terrain of the proPerty, there is no other practical
gla.ce to build �. garage or. this lot. (lirawings attached)
The construction of the ;roposec' o Lr�a,ge �^�ould create a setba.ek of
eight feet on +he McAfce Streei; side.
A petition signe� i�,�� all neighbors within 2U0 feet o�' the above
proper+y ha,s been obtained to show they have no objections to the
building of s�,id attached g�rage.
t+'1e feel the garage would be an improve.nent to our property a,nd the
neighborhood in geiieral.
This arpeal is rnade under authority of the Legislative Code, Chapter o4,
Ser.tion 0`3, yaragraph I.
Very truly yours,
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CITY OF SAINT PAUL
MINNESOTA
DEPARTMENT OF FINANCE
��a cwn H�,.. ss�oz
Novea►ber 10, 1972
Pile X1281, Fage
You are hereby aoti�ed that a publie hearing will be held in the Council
Chambers of the City Hall and Court House at 10:00 a.m. on November 21,
1972 on the appeal of James W. Hiaeo to relax the setback requirements
on the property described as follows: Lot 13, Block 1, SylvaA HeighCs
Addition. The propezty is locat�d on the Southeast corner of Larpeateur
Avenue and McAfee Street.
�or further infora�ation, contact the planning Board, Room 1010 Coa�erce
Building or telephone Z23-4151.
To comply wieh the City Charter, the Department of Finance is chasged
with inforn�i.ng you of this public 4a8ring.
If yau have any questions, it is recoa�eaded that you atte�d thie puhlic
hearing to afford you the opportuaity to make your viewe, both pso and
con, known to tfie C i ty Cous�c il.
ROBBRT W. TRZIIIBAU
Ac ting tiead - F'ina�rce Dept.