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260422 WHITE - CITY CLERK COl1I1C11 , PINK - FINANCE GITY OF SAINT PAITL ������ CANARY`- DEPARTMENT BLUE - MAYOR � Fll@ NO. . � cil Resolution w 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 �� r, +��;�►f'��- � ��d�� 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. % �. � �`" ��,. � �'� O � � 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 . � w � �� V V � O .i� • I � 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, ; �\ � // , ����.(�t� l�(� �% � � � t�' v � F��� � .� „� �� No � '. h �i E�� � � '�tbilc � � � �� � > �I:, � Cl :f i .. ��1�CY �•, �� A,viF:. Iatiteti . A►;-_ , (Nocvem6��SY��;184f) : � , : City Clerk � . �, 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.