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02-35Council File # �.�.+ Z C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 38 39 40 42 43 44 ���������� Presented By Resolution # Green Sheet # �� O 1'1 C RESOLUTION CITY OF SAINT PAUL, MINNESOTA �a, Referred To Committee: Date WHEREAS, pursuant to Minn. Stat. §§ 462357 and Saint Paul Legislative Code § 64.400, Thomas Dvorak duly petitioned to rezone property legally described as That part of Lot 13 Block 6 Rogers and Hendrick's Acre Lots No. 2, lying Sly of the Nly 52.5 ft. and lying Nly of the Sly 5 ft. and lying Wly of the Ely 130.5 ft. thereof, PIN 222922310151, and commonly known as 1348 Bumingham St. from R-4 Residential to RT-1 Residential for the purpose of constructing a duplex; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on September 25, 2001, for the purpose of considering the rezoning petition where all persons interested were given an opportunity to be heazd. At the close of the heazing and based upon all the records and testunony, the Zoning Committee recommended that the petition be denied; and WIiEREAS, the Planning Commission considered the rezoning perition and the Committee's recommendation at its meeting on October 5, 2001 and also recommended that the City Council deny the petition; and WHEREAS, notice of public heazing before the City Council on said rezoning petition was duly published in the official newspaper of the City on October 18, 2001, and notices were duly mailed to each owner of affected property and property situated wholly or partly wiThin 350 feet or the property sought to be rezoned; and WIIEREAS, a public hearing was thereafrer conducted before the City Council on November 7, 2001, where all interested parties were given an opportunity to be heard, and the Council, having considered all the facts and recommendations concerning the petition; NOW, THEREFORE RESOLVES, that the petition of Thomas Dvorak to rezone 1348 Bumingham St., being legally described as That part of Lot 13 Block 6 Rogers and Hendrick's Acre Lots No, 2, lying Sly of the Nly 52.5 ft. and lying Nly of the Sly 5 8. and lying Wly of the Ely 130.5 ft. thereof, PIN 222922310151, from R-4 Residential to RT-1 Residential for the purpose of constructing a duplex is hereby denied as set forth in the files, recommendaUOns and resolution of the planning commission which aze incorporated herein by reference and adopted hereby the Council of the City of Saint Paul. Adoption ag Approved �. a� Requested by Department of: P1aAninc & Economic Dev lo ment By: � � Approved by Financial Services By: Fosm Approved by City Attorney ty: 'J���W`t"y`" lZ" � ( by Mayor for Submission to Council 3y: �_ � Adopted by Council: Date � 00 � � DEPARTMENT/OFFiCE/COUNCIL: DATE IlVITIATED GREEN SHEET No.: 110235 ��' �� S PED -East Team 12-10-01 CONTACI' PERSON & PHONE: ` INI'17AiJDA1'E Ilvt'ITAL/DATE Pahicia James 266-6639 '�r.i 2 DEPARTMENT DIR. 4 MAYOR (OR ASST.) MUST BE ON COUNCII. AGENDA BY (DATE) �IGN 3 CITY ATTORNE 5 CITY COUNCIL CITY CLERK IL-LE)-OI �NiJMBER —FINANCIALSERVDIR. ROi11'ING ��<-IAI- SERV/ACCTG - ORDER I Amy Filice TOTAL # OF SIGNA'1'URE PAGES I_(CLIP ALL LOCATIONS FOR SIGNA'CURE) ncnox xEQVES�n: Adoption of resolution to deny rezoning RECOMMENDAI'iONS: Approve (A) or Reject (R) PERSONAI, SERVICE CON'CRACTS MUST ANSWER'11IE FOLLOWING QUESITONS: A_ PLANNING COMMISSION 1 Has this person/fum ever worked under a contract for this departrnent� CIB COMMITI'EE Yes No CI VIL SERVICE COMMISSION 2 Has this persoNfirni ever been a city employee? Yes No 3. Does this person/fi�m possess a skill not nolmally possessed by any curzert ciTy employee� Yes No Explain ail yes aoswers on separate sheet and attach to green sheet IIVITIATING PROBLEM, ISSUE, OPPORTilA7TY (Who, What, Wheo, Where, Why): Adopt a resolution to finalize council denial of the petition of Thomas Dvorak to rezone property at 1348 Birmingham St. from R-4 One-Family Residential to RT-1 Two-Family Residential District (public heazing held 11/07/O1). ADVANTAGESIFAPPROVED: City Council intent to deny the rezoning wiil be made final Q E C 13 2001 .-� �"� CITY /�TTOFiNE� DISADVANTAGESTFAPPROVED: � � RECEIVED None � DEC 2 E� ���`� DEC 1 7 2001 �'��� �������� MAYOR'S OFFICE DISADVANTAGES IF NOT APPROVED: �� ;, �� rc � A ��� i Sc. o I< Denial will not take effect f p't . U i�,� .9�v.r: tzf #� _.w_..�..__. . � .. ... f /j.3i�s'�7��" _� . ;� TOTAL AMOUNT OF TRANSACTION: $ 0 COST/AEVENUE BUDGETED: FUNDINGSOURCE: - ACT P � ( � {�. WWi+�� :�Y`' aie`Yiw.{.4Y {qg �� T � M1..+.t FiNANCIAL INFORMATION: (F.XPLAIIV) b€isxv �� "' ' Ci�t; 5s � ��iY3 .. t �'61,i;�`� � ia� K VSM1ared�PeAV.YMES�ZOTlMG��emplares and foems4ezoning ordi�unce geen sheetwpd DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Brian Sweeney, Director OZ �� 89 CITY OF SAINT PAUL Narm Coleman, Mayor October 9, 2001 Ms. Nancy Anderson City Council Research O�ce Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: 25 West Fourth Streei Saint Paul, MN SSIO2 N -� � �-r . � �eS �t�� P `'o ,��, Q� \ Zelephone: 651-266-6626 Facsimile: 65I-2283341 I would like to confirm that a public heazing before the City Council is scheduled for Wednesday November 7, 2001, for the following zoning case: Applicant: File Number: Purpose: Address: Legal Description of Properry: Previous Action: THOMASDVORAK #01-219-530 Rezoning from R-3 to RT-1 construct a duplex 1348 Birxningham St. That part of Lot 13 Block 6 Rogers and Hendrick's Acre Lots No. 2, lying Sly of the Nly 62.5 ft. and lying Nly of the Sly 5 ft. and lying Wly of the Ely 130.5 ft. thereo£ (PIN22-29-22-31-0151) Planning Commission Recommendation: Deny, October 5, 2001 Zoning Committee Recommendation: Deny, September 25, 2001 I have confirmed this date with Councilmember Bostrom's office. My understanding is that you will publish any required notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6639 if you have any questions. � � i� , . Ij' Patricia 3ames City Planner cc: File#01-219-530 Carol Martineau Paul Dubruiel Councilmember Bostrom • �xsrn� • NOTICE OF PUBLIC �`AitnaG The Saint Paul City Council will con- duct a public hearing on Wednesday, November 7, 2001, at 5:30 p.m. in #he CYty- CovncIl Chambers, Third Floor CYty Coiutliouse, 15 West Kellogg Boulevard; Saint Paul, MN, to consida the application of 1}lomas Dvorak to rezone property at 1348 Birmin�ham Street from R-3 to RT-1 to constrvcfa duplex. _ . � Dated: October 12, 2001 NANCYANDERSON � - Assistant City Council Secretary - � (October 18) ,. �a= 3T. PhDL LEGAL LEDGER' ' 02028498 & ECONOMI T DEVELOPMENT G Y � ��✓ Brian Sweeney, Director CTTY OF SAIIVT PAUL Norm Coleman, Mayor \ I • October 26, 2001 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, MN 55102 25 West Fovrth Street TeTephone: 65l-266-6626 Saint P¢ul, .4LV 55102 Facsimile: 65/-128-3317 RE: Zoning File # O1-219-530 THOMAS DVORAK City Council Heazing: November 7, 2001, at 530 p.m. in City Council Chambers PURPOSE: Rezone property from R-3 to RT-1 to construct a duplex PLANNING COMMISSION RECOMMENDATION deny vote: unanimous ZONRQG COMMITTEE RECOMMENDATION: deny vote: 6- 0 STAFF RECOMMENDATION: deny SUPPORT: no one spoke OPPOSITION: District 2 Community Council representative spoke in opposi�ion to the rezoning Dear Ms. Anderson: THOMAS DVORAK submitted a petition to rezone property from R-3, 1-Family Residential to RT-1, 2-Family Residential to construct a duplex. The Zoning Committee oFthe Pianning Commission conducted a public hearing on the petition on September 25, 2001. Staff presented a report recommending denial of the petition. The applicant was not present to answer questions. No persons spoke in support. One person spoke in opposition. At the close of the public heuing the committee voted 6-0 to recommend denial of the rezoning petition. The Planning Commission upheld the Zoning Committee's recommendation on a unanimous vote on October 5, 2001. This petition is scheduled to be heard by the City Council on November 7, 2001. Please call me at 266- 6639 if there are any questions. �,/ . ,�� ,��� i!/ Patricia James City P(anner Attachments cc: File #01-219-530 City Councilmembers oa .3 �' • city of saint paul planning commission resolution file number 01-79 date October 5, zoo� UVHEREAS, Thomas Dvorak, File # 01-219-530, has applied for a rezoning under the provisions of §64,400 and 60.420 of the Saint Paul Legislative Code, for the purpose of rezoning property from R-4 Residentiai to RT-1 Residential to construct a duplex on property located at 1348 Birmingham, legally described as That part of Lot 13 Block 6 Rogers and Hendrick's Acre Lots No. 2, lying Siy of the Nly 52.5 ft. and lying Nly of the Sly 5 ft. and lying Wly of the Ely 130.5 ft. therof, PIN 222922310151; and WHEREAS, the Zoning Committee of the Planning Commission, on September 25, 2001, heid a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of §64.300 of the Saint Paul Legisiative Code; and WHEREAS, the Saint Paui Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantiaily reflected in the minutes, made the • following findings of fact: 1. The appiicant proposes rezoning the parcel to RT-1to construct a duplex. It is currently zoned R-3 and RT-1, with the westerly 135 feet zoned R-3 and the easterly 35.09 feet zoned RT-1. 2. No consent petition was submitted with this rezoning petition in accordance with recent state legislation that does not require consent of adjacent property owners for rezonings from one type of residential use to another. 3. There is a lengthy history on this parcel and the lots surrounding it. The City Council has consistentiy held that property fronting on Winchell Street is appropriate for 2-family residential uses while the property fronting on Birmingham should remain single family. 4. The comprehensive pian supports providing a variety of housing types throughout the city's neighborhoods, including single-family houses, townhouses, condominiums, apartments, and seniors housing. 5. The size and location of this parcel and the consistent policy established by the City Council make it most suitabie for single family construction. moved by Field seconded by • in favor Unanimous against Zoning File 01-219-530 Planning Commission Resolution Page 2 6. The proposed rezoning from R-3 to RT-1would grant privileges for this single lot which are not granted or extended to other land in the vicinity along Birmingham Street, and would be done for the benefit of the property owner who requests the rezoning rather than for the public interest. NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission recommends to the City Council that the petition of Thomas Dvorak for rezoning property at 1348 Birmingham, legally described as That part of Lot 13 Block 6 Rogers and Hendrick's Acre Lots No. 2, lying Sly of the Nly 52.5 ft. and lying Nly of the Sly 5 ft. and lying Wly of the Ely 130.5 ft. therof (PIN 222922310151) from R-4 Residential to RT-1 Residential, to construct a duplex be denied. • �� • oa-�s • MINUTES OF THE ZONING COMMI7TEE Thursday, September 25, 2001 - 3:30 p.m. City Council Chambers, 3` Fioor City Hall and Court House 15 West Keliogg Boulevard C� PRESENT: EXCUSED: OTHERS PRESENT: Anfang, Aiton, Faricy, Field, Kramer, and Morton Gordon and Mejia Peter Warner Carol Martineau, Allan Torstenson, Patricia James of PED The meeting was chaired by Commissioner Field. Thomas Dvorak - 01-219-530 - Rezone from R-3 - one-family residential district to RT-1 - two- family residential district. 1348 Birmingham, between Arlington & Ivy. Ms. Patricia James stated she left several messages for the applicant and he is not present today. After some discussion it was decided to hear the case. Ms. James showed slides and presented the staff report. She alsb stated the zoning staff recommends denial of the rezoning and the zoning district boundary line be changed to follow the rear lot line so there is no confusion about the zoning district for ali of the lots. At the question of Commissioner Kramer, Ms. James stated the City Council can make a determination of the findings and can make the zoning changes. No one spoke in support. Mr. Chuck Repke, representative of District 2 Community Council, appeared and stated District 2 recommends deniai of the rezoning. There is history of the owners attempting to spot zone the parcel to facitity a dupiex or tripiex. The neighborhood is singie family and they would like to maintain it as a single family zoning district The appiicant was not present to rebut the testimony and the pubiic hearing was closed. Commissioner Kramer moved denial of the rezoning. Commissioner Morton seconded it. The motion passed by a vote 6-0. • Adopted Yeas - 6 drafted by: i Carol Martineau Recording Secretary Nays - 0 Submitted by: ;� � �� � ri�z Patricia James Zoning Section Litton Chair oa-35 • 1. 2. 3. ZONING COMMITTEE STAFF REPORT FILE # 01-219-530 APPLICANT: Thomas Dvorak HEARING DATE: 09-13-01 TYPE OF APPLICATION: Rezoning LOCATION: 1348 Birmingham; east side between Arlington and Ivy 4. PIN & LEGAL DESCRIPTION: PIN: 22-29-22-31-0151, Legal Description: That part of Lot 13 Blk 6 Rogers and Hendrick's Acre Lots No. 2, lying Sly of the Nly 62.5 ft. and lying Nly of the Sly 5 ft. and lying Wly of the Ely 130.5 ft. thereof 5. PLANNlNG DISTRICT: 2 PRESENT ZONING: R� 6. ZONING CODE REFERENCE: §60.401; §60.420; §64.400; §67.304 7. 8. STAFF REPORT DATE: 09-06-01 DATE RECEIVED: 08-10-01 BY: Patricia James DEADLINE FOR ACTION: 10-09-01 A. , B. C. PURPOSE: Rezone from R-3 1- Family to RT-1 Two-Family to construct a duplex PARCEL SIZE: 58.03 ft. (Birmingham) x 170.09 ft. = 9,870.32 sq. ft. EXISTING LAND USE: vacant parcel (split zoning: R-3, RT-1) D. SURROUNDING LAND USE: North - 1- family residential (R-3); East - 1- and 2-family residential (RT-1); South - 1- and 2-family residential (R-3); West - 1- and 2-Family residential (R-3; RT-1) E. ZONING CODE CITATION: §60.401 regulates uses permitted in the R-3 District; §60.420 regulates uses in the RT-1 District; §64.400 provides for amendments to the Zoning Code; §67.304 regulates lot divisions that create no more than four lots. F. HISTORY/DISCUSSION: In 1976 the City adopted a revised zoning ordinance. At that time the property was split into two zoning districts; the boundary did not follow existing property lines but was located 135 ft east of the Birmingham lot line. The lot currently being proposed for rezoning was part of a larger lot with frontage on both 8irmingham and Winchell streets. In 1995 (Zoning File # 95-232) the property addressed as 1354 Birmingham, • which included the current lot, was the subject of a petition by Mary Lou Trumble to rezone from R-3 to RT-2 to establish a tripiex. The petition was denied. At that time the appiicant claimed that the existing house was a duplex; however LIEP records indicated the house was single family. File #1-219-530 Date: 09-06-01 Page: 2 fn 1996 the property was cited as an illegal duplex (Zoning File # 97-244). Mary Lou Trumbie (aka Mary Lou Law) applied for a nonconforming use permit to establish the duplex as legally nonconforming. This application was denied, and the denial was appealed to the City Council. The City Council considered the appeal (Zoning File # 97-304) and did not grant it. The denial of the nonconforming use permit was upheld. In 2000 Stoerzinger Construction submitted an application for a lot split (Zoning File # 00-119-986). The 1354 Birmingham property, along with the adjacent lot immediateVy east, was divided into four new Vots, two with frontage on Birmingham and finro with frontage on Winchell. The zoning boundary remained in the same location, so the two westerly lots remain with split zoning. G. DISTRICT COUNCIL RECOMMENDATION: The District 2 Council had not sent in its recommendation at the time the staff report was written. H. FINDINGS: 2. 3. 4. 5. 6. 7. • The applicant proposes rezoning the parcel to RT-1to construct a duplex. It is currently zoned R-3 and RT-1, with the westerly 135 feet zoned R-3 and the • easterly 35.09 feet zoned RT-1. No consent petition was submitted with this rezoning petition in accordance with recent state legislation that does not require consent of adjacent property owners for rezonings from one type of residentiai use to another. There is a lengthy history on this parcel and the lots surrounding it. The City Council has consistentlyheid thatproperty fronting on Wmchelt StreeYis - appropriate for 2-family residential uses while the property fronting on Birmingham should remain single family. � The comprehensive plan supports providing a variety of housing types throughout the city's neighborhoods, including single-family houses, townhouses, condominiums, apartments, and seniors housing. The size and location of this parcel and the consistent policy established by the City Council make it most suitable for single family construction. The proposed rezoning from R-3 to RT-lwould grant privileges for this single lot which are not granted or extended to other land in the vicinity along Birmingham Street, and would be done for the benefit of the property owner who requests the rezoning rather than for the public interest. The requirements of §67.304 state that the division of one or more lots into no more than four lots shall not result in a split zoning classification on a single lot. to coincide with the new lot lines was through the consent petition process or studying an area of at least 40 acres. STAFF RECOMMENDATION: Based on findings 1 through 6, staff recommends denial of the petition to rezone property at 1348 Birmingham (PIN 22-29-22-31-0151), legally described as that part of Lot 13 Blk 6 Rogers and Hendrick's Acre Lots No. 2, lying Sly . oa.•35 File #1-219-530 • Date:09-06-01 Page: 3 of the Nly 62.5 ft. and lying Niy of the Sly 5 ft. and Iying Wly of the Ely 130.5 ft. thereof, from R-31- Family to RT-1 Two-Family to construct a duplex. Based on findings 1 and 7 staff further recommends that the zoning district boundary between the RT-1 district and the R-3 disfrict be moved east to align with the rear property lines of the foliowing parcels: That part of Lot 13, Block 6, Roger and Hendrick's Acre Lots No. 2, according to the recorded plat thereof, Ramsey County, Minnesota, lying southerly of the northerly 62.50 feet, northerly of the southerly 5.00 feet and westerly of the easterly 130.50 feet thereof (PIN 22-29-22-31-0151); That part of the easterly 301.50 feet of Lot 13, Block 6, Roger and Hendrick's Acre Lots No. 2, according to the recorded plat thereof, Ramsey County, Minnesota, lying southeriy of the northeriy 60.28 feet and northeriy of the southerly 5.00 feet thereof (PIN 22-29-22-31-0152); The northerly 60.28 feet of the easterly 130.5 feet of Lot 13, Block 6, Roger and Hendrick's Acre Lots No. 2, according to the recorded plat thereof, Ramsey County, Minnesota (PIN 22-29-22-31-0153); and The northerly 62.50 feet lying westerly of the easterly 130.50 feet of Lot 13, Block 6, Roger and Hendrick's Acre Lots No. 2 according to the recorded plat � thereof, Ramsey County, Minnesota (PIN 22-29-22-31-0154). \ J � oZ'aJ� PETITION TO AMEND THE 20NING CODE Department of Ptanning and Economic Develapment Zoning Sectian 1400 City Hall Annex 25 West Fourth Street "" Saint Paul, MN SSIO2-Z634 (65I)266-6589 PropertyOwner 1� APPLICANT PROPERTY LOCATION Zonirig office s ly, � � Fle#` 0����� Fee: 2f 7 = .S� Tentative Hearing Date: �'- 1�3�01 City �,(�/� �� St. Zip �Sd �Z Daytime Phone� ��� Contact Person (if different) Phone Address / Location �� �Il /.� �R�li.�� "^ Legai (attach additional sheet if necessary) Zoning � 3 �' �T� TO THE HONORABLE MAYOR AND CITY COUNCIL: �suant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, , owner of land proposed for rezoning, hereby�petitions you to rezone the above described property from a K 7 ���3 zoning district to a ,`� � zoning district, for the purpose of: (attach additional sheet(s) if necessary) Attachments: Required Site Pian � Consent Petition � CI\ ���� �- fC1 - C'J ( 2(-1- sc� Affidavit � Subscribed and sworn to before me this °'Y - ,20_ Notary Public Fee O�(rner of Page 1 of _ �� � '�` PIONEER � engineeri * ,� J� * s • rnn e+cwccxs w+osurc uearteers z<zz e�i�o�e� or� MmOOtu Hey�ts. NN 55120 (612) 681-1914 FAX:681-9488 68 Hghroy 10 KE �a��S MN 55434 (612) 783-1880 FAX7&3-7883 soundar sur�e tor.� STOERZINGER CONSTRUCTION � �,1 � �I i WI s � ' 3 L� vl 1 � � �I � � (� lr � Conveyance of lantl tl�seribed by thc instrument ts hereby approved and is e�tl�d to remMing anf whdividin6. ��A.J F w�l\ L � lo-S-GU ��ningApmipistrator�0ate ,�_, /j - �/ �a.�-� y. � in/ � � iuiv%v' � a � j � � �,,, �l-��_ � �G�c�-�L /`/,�' � ���� � i � No� i �NmU lina ol Lot 13 L----- 300.62 ; /' YT V /i)Qt2 EX6T.OPIYEWAY t�.� ♦ � �6L1 ••••` CAR ♦ D �go�. °�� � tV m C O N � 130.50 no.as T Uo.w r � ,` ✓ � c[t�tce no.a � ��, _ _ �FND V � "'°H � 300.56 �-NwN line af Ne.SauR 5.�. het of..LOL IS . Bearinqs shown o�e ossumed ; � � � 13 i�� � �� � �� �EX NOUSE� r r: 0 s �E i �� „ �'� �'� , Io�xo�� rx 1 - � --� - r e e� �ai is - Ezisting conditions based on Sur.ey W completed on Febrvary 15, 2000. PARCEL A That port of Lot 13, Bfock 6, Roger and Hendrick's Acre Lois No. 2, occordng !o the recorded ylot thereof, Ramsey County, Minnesota, lying soutt�erly of the nortAerly 62.50 feet, northerly ot the southerly 5.00 feet end westerfy of the easfuiy f30.50 feet thereof. (AI! dstances are meosured nt right angfes to soid property lines.) PARCEL B fiot part of the eas2erty 130.50 feet of Lot 13, Blxk 6, Roger ond Hend�ick's Acre Lots No. 2, accordng to the recorded plat thereof, Romsey County, Minnesota, lying southeriy of the northerly 60.28 feet and nortAerty of the southerly 5.00 feet fhereof. (AII dstanc�s ore measured oY right onqies to said property Iines) PARCEL C lhe northerly 60.28 feet of the eosterly 130.50 feet of Lot 13. Bloek 6, Roger ond Hendrick's Acre Lots No. 2, angles to said propeftty Iines.) PARCEL D The northerly 62.50 feet tying westerly of the easfer�y 130.50 feet of Lot 73, 8lock 6, Roger ond Hendric� Aere Lots No. 2 occordng to the recorded plat thereof, Ramsey Couniy, Minnesofa. (All distances are measured at right ongles to said propettly lines.) We here�y certify to Stoerzinger Construction that this survey, plon or report was prepared by me ar �nder my dicect supervision an6 , lha! i wn o duly �icenxE LanE Surveyor u�dv the Iows of the Sta[e of Minnesata. DateG lhis ��ih Eay of FBbNafy � AD.. T000. � Add Parcel D 2/28/00 Signed: PIONEER ENGINEERING, P.A. Revise Boundory 9/27/00 \ 3nch _ feet B I 1 �' �\\�\ � ( Scale:l" -50— � ��,�_� 1728 200004.07 TRB Terrente E. 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DOWNTOWN p`-Zti�-S"3� CITIZEN PARTTCIPATION P7_ANNING DISTRICfS � �����'�� ��L� - ��- � ��i-S DISTRIC7 2 N '°° "�° - � ��� ��-� GREATER EAST SIDE 5� �� fE� e , • . . pp . . . . � • � �� . . . . . . � . � � � �� . . , . . ��' � . • . . • • . • , � vo E!� ' . . � � • - � . . . . o . , .. • � . � • • . . . • � � . a.. . . . . . .... �• • . . .... .. - �. . - . . . q.._.-,.6.. ��.�� � , , . , , , • • '.'' : a � • �" � • e �� � • • � �� � �.,.' �_- � � � • • • • � • • • � • � � � � � � • � • � ra! �� �!� V 0 � � � � • 0 � • � � , � 0 O O O O O O O O_ O U O O � s � • � � � • • � � p \�D � O- 'c ° ~' o 0 � -- - � �Q� —.TM--��TT—=--•---..� Le�=_No PURPpSE.�_�! - ...,� zoniny distri�; ��ndz:y FIIE k �� � qTE a' �S�\ - � sub;=d prope,�y nnr. PLNG. DIST�_ ti�qp � o on> (amily �w� ..�. � �r:� (amily �� � f��Q multipl? lar;."', _ - � . , � --- �... i i.t• ti-r r v • • r+ comma:c�-' p �., .-_ i't:luc(: i . : : V ve_3': � � " � '--_ -' � � � Council File # �.�.+ Z C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 38 39 40 42 43 44 ���������� Presented By Resolution # Green Sheet # �� O 1'1 C RESOLUTION CITY OF SAINT PAUL, MINNESOTA �a, Referred To Committee: Date WHEREAS, pursuant to Minn. Stat. §§ 462357 and Saint Paul Legislative Code § 64.400, Thomas Dvorak duly petitioned to rezone property legally described as That part of Lot 13 Block 6 Rogers and Hendrick's Acre Lots No. 2, lying Sly of the Nly 52.5 ft. and lying Nly of the Sly 5 ft. and lying Wly of the Ely 130.5 ft. thereof, PIN 222922310151, and commonly known as 1348 Bumingham St. from R-4 Residential to RT-1 Residential for the purpose of constructing a duplex; and WHEREAS, the Zoning Committee of the Planning Commission held a public hearing on September 25, 2001, for the purpose of considering the rezoning petition where all persons interested were given an opportunity to be heazd. At the close of the heazing and based upon all the records and testunony, the Zoning Committee recommended that the petition be denied; and WIiEREAS, the Planning Commission considered the rezoning perition and the Committee's recommendation at its meeting on October 5, 2001 and also recommended that the City Council deny the petition; and WHEREAS, notice of public heazing before the City Council on said rezoning petition was duly published in the official newspaper of the City on October 18, 2001, and notices were duly mailed to each owner of affected property and property situated wholly or partly wiThin 350 feet or the property sought to be rezoned; and WIIEREAS, a public hearing was thereafrer conducted before the City Council on November 7, 2001, where all interested parties were given an opportunity to be heard, and the Council, having considered all the facts and recommendations concerning the petition; NOW, THEREFORE RESOLVES, that the petition of Thomas Dvorak to rezone 1348 Bumingham St., being legally described as That part of Lot 13 Block 6 Rogers and Hendrick's Acre Lots No, 2, lying Sly of the Nly 52.5 ft. and lying Nly of the Sly 5 8. and lying Wly of the Ely 130.5 ft. thereof, PIN 222922310151, from R-4 Residential to RT-1 Residential for the purpose of constructing a duplex is hereby denied as set forth in the files, recommendaUOns and resolution of the planning commission which aze incorporated herein by reference and adopted hereby the Council of the City of Saint Paul. Adoption ag Approved �. a� Requested by Department of: P1aAninc & Economic Dev lo ment By: � � Approved by Financial Services By: Fosm Approved by City Attorney ty: 'J���W`t"y`" lZ" � ( by Mayor for Submission to Council 3y: �_ � Adopted by Council: Date � 00 � � DEPARTMENT/OFFiCE/COUNCIL: DATE IlVITIATED GREEN SHEET No.: 110235 ��' �� S PED -East Team 12-10-01 CONTACI' PERSON & PHONE: ` INI'17AiJDA1'E Ilvt'ITAL/DATE Pahicia James 266-6639 '�r.i 2 DEPARTMENT DIR. 4 MAYOR (OR ASST.) MUST BE ON COUNCII. AGENDA BY (DATE) �IGN 3 CITY ATTORNE 5 CITY COUNCIL CITY CLERK IL-LE)-OI �NiJMBER —FINANCIALSERVDIR. ROi11'ING ��<-IAI- SERV/ACCTG - ORDER I Amy Filice TOTAL # OF SIGNA'1'URE PAGES I_(CLIP ALL LOCATIONS FOR SIGNA'CURE) ncnox xEQVES�n: Adoption of resolution to deny rezoning RECOMMENDAI'iONS: Approve (A) or Reject (R) PERSONAI, SERVICE CON'CRACTS MUST ANSWER'11IE FOLLOWING QUESITONS: A_ PLANNING COMMISSION 1 Has this person/fum ever worked under a contract for this departrnent� CIB COMMITI'EE Yes No CI VIL SERVICE COMMISSION 2 Has this persoNfirni ever been a city employee? Yes No 3. Does this person/fi�m possess a skill not nolmally possessed by any curzert ciTy employee� Yes No Explain ail yes aoswers on separate sheet and attach to green sheet IIVITIATING PROBLEM, ISSUE, OPPORTilA7TY (Who, What, Wheo, Where, Why): Adopt a resolution to finalize council denial of the petition of Thomas Dvorak to rezone property at 1348 Birmingham St. from R-4 One-Family Residential to RT-1 Two-Family Residential District (public heazing held 11/07/O1). ADVANTAGESIFAPPROVED: City Council intent to deny the rezoning wiil be made final Q E C 13 2001 .-� �"� CITY /�TTOFiNE� DISADVANTAGESTFAPPROVED: � � RECEIVED None � DEC 2 E� ���`� DEC 1 7 2001 �'��� �������� MAYOR'S OFFICE DISADVANTAGES IF NOT APPROVED: �� ;, �� rc � A ��� i Sc. o I< Denial will not take effect f p't . U i�,� .9�v.r: tzf #� _.w_..�..__. . � .. ... f /j.3i�s'�7��" _� . ;� TOTAL AMOUNT OF TRANSACTION: $ 0 COST/AEVENUE BUDGETED: FUNDINGSOURCE: - ACT P � ( � {�. WWi+�� :�Y`' aie`Yiw.{.4Y {qg �� T � M1..+.t FiNANCIAL INFORMATION: (F.XPLAIIV) b€isxv �� "' ' Ci�t; 5s � ��iY3 .. t �'61,i;�`� � ia� K VSM1ared�PeAV.YMES�ZOTlMG��emplares and foems4ezoning ordi�unce geen sheetwpd DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT Brian Sweeney, Director OZ �� 89 CITY OF SAINT PAUL Narm Coleman, Mayor October 9, 2001 Ms. Nancy Anderson City Council Research O�ce Room 310 City Hall Saint Paul, Minnesota 55102 Dear Ms. Anderson: 25 West Fourth Streei Saint Paul, MN SSIO2 N -� � �-r . � �eS �t�� P `'o ,��, Q� \ Zelephone: 651-266-6626 Facsimile: 65I-2283341 I would like to confirm that a public heazing before the City Council is scheduled for Wednesday November 7, 2001, for the following zoning case: Applicant: File Number: Purpose: Address: Legal Description of Properry: Previous Action: THOMASDVORAK #01-219-530 Rezoning from R-3 to RT-1 construct a duplex 1348 Birxningham St. That part of Lot 13 Block 6 Rogers and Hendrick's Acre Lots No. 2, lying Sly of the Nly 62.5 ft. and lying Nly of the Sly 5 ft. and lying Wly of the Ely 130.5 ft. thereo£ (PIN22-29-22-31-0151) Planning Commission Recommendation: Deny, October 5, 2001 Zoning Committee Recommendation: Deny, September 25, 2001 I have confirmed this date with Councilmember Bostrom's office. My understanding is that you will publish any required notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6639 if you have any questions. � � i� , . Ij' Patricia 3ames City Planner cc: File#01-219-530 Carol Martineau Paul Dubruiel Councilmember Bostrom • �xsrn� • NOTICE OF PUBLIC �`AitnaG The Saint Paul City Council will con- duct a public hearing on Wednesday, November 7, 2001, at 5:30 p.m. in #he CYty- CovncIl Chambers, Third Floor CYty Coiutliouse, 15 West Kellogg Boulevard; Saint Paul, MN, to consida the application of 1}lomas Dvorak to rezone property at 1348 Birmin�ham Street from R-3 to RT-1 to constrvcfa duplex. _ . � Dated: October 12, 2001 NANCYANDERSON � - Assistant City Council Secretary - � (October 18) ,. �a= 3T. PhDL LEGAL LEDGER' ' 02028498 & ECONOMI T DEVELOPMENT G Y � ��✓ Brian Sweeney, Director CTTY OF SAIIVT PAUL Norm Coleman, Mayor \ I • October 26, 2001 Ms. Nancy Anderson Secretary to the City Council Room 310 City Hall Saint Paul, MN 55102 25 West Fovrth Street TeTephone: 65l-266-6626 Saint P¢ul, .4LV 55102 Facsimile: 65/-128-3317 RE: Zoning File # O1-219-530 THOMAS DVORAK City Council Heazing: November 7, 2001, at 530 p.m. in City Council Chambers PURPOSE: Rezone property from R-3 to RT-1 to construct a duplex PLANNING COMMISSION RECOMMENDATION deny vote: unanimous ZONRQG COMMITTEE RECOMMENDATION: deny vote: 6- 0 STAFF RECOMMENDATION: deny SUPPORT: no one spoke OPPOSITION: District 2 Community Council representative spoke in opposi�ion to the rezoning Dear Ms. Anderson: THOMAS DVORAK submitted a petition to rezone property from R-3, 1-Family Residential to RT-1, 2-Family Residential to construct a duplex. The Zoning Committee oFthe Pianning Commission conducted a public hearing on the petition on September 25, 2001. Staff presented a report recommending denial of the petition. The applicant was not present to answer questions. No persons spoke in support. One person spoke in opposition. At the close of the public heuing the committee voted 6-0 to recommend denial of the rezoning petition. The Planning Commission upheld the Zoning Committee's recommendation on a unanimous vote on October 5, 2001. This petition is scheduled to be heard by the City Council on November 7, 2001. Please call me at 266- 6639 if there are any questions. �,/ . ,�� ,��� i!/ Patricia James City P(anner Attachments cc: File #01-219-530 City Councilmembers oa .3 �' • city of saint paul planning commission resolution file number 01-79 date October 5, zoo� UVHEREAS, Thomas Dvorak, File # 01-219-530, has applied for a rezoning under the provisions of §64,400 and 60.420 of the Saint Paul Legislative Code, for the purpose of rezoning property from R-4 Residentiai to RT-1 Residential to construct a duplex on property located at 1348 Birmingham, legally described as That part of Lot 13 Block 6 Rogers and Hendrick's Acre Lots No. 2, lying Siy of the Nly 52.5 ft. and lying Nly of the Sly 5 ft. and lying Wly of the Ely 130.5 ft. therof, PIN 222922310151; and WHEREAS, the Zoning Committee of the Planning Commission, on September 25, 2001, heid a public hearing at which all persons present were given an opportunity to be heard pursuant to said application in accordance with the requirements of §64.300 of the Saint Paul Legisiative Code; and WHEREAS, the Saint Paui Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as substantiaily reflected in the minutes, made the • following findings of fact: 1. The appiicant proposes rezoning the parcel to RT-1to construct a duplex. It is currently zoned R-3 and RT-1, with the westerly 135 feet zoned R-3 and the easterly 35.09 feet zoned RT-1. 2. No consent petition was submitted with this rezoning petition in accordance with recent state legislation that does not require consent of adjacent property owners for rezonings from one type of residential use to another. 3. There is a lengthy history on this parcel and the lots surrounding it. The City Council has consistentiy held that property fronting on Winchell Street is appropriate for 2-family residential uses while the property fronting on Birmingham should remain single family. 4. The comprehensive pian supports providing a variety of housing types throughout the city's neighborhoods, including single-family houses, townhouses, condominiums, apartments, and seniors housing. 5. The size and location of this parcel and the consistent policy established by the City Council make it most suitabie for single family construction. moved by Field seconded by • in favor Unanimous against Zoning File 01-219-530 Planning Commission Resolution Page 2 6. The proposed rezoning from R-3 to RT-1would grant privileges for this single lot which are not granted or extended to other land in the vicinity along Birmingham Street, and would be done for the benefit of the property owner who requests the rezoning rather than for the public interest. NOW, THEREFORE, BE IT RESOLVED, that the Saint Paul Planning Commission recommends to the City Council that the petition of Thomas Dvorak for rezoning property at 1348 Birmingham, legally described as That part of Lot 13 Block 6 Rogers and Hendrick's Acre Lots No. 2, lying Sly of the Nly 52.5 ft. and lying Nly of the Sly 5 ft. and lying Wly of the Ely 130.5 ft. therof (PIN 222922310151) from R-4 Residential to RT-1 Residential, to construct a duplex be denied. • �� • oa-�s • MINUTES OF THE ZONING COMMI7TEE Thursday, September 25, 2001 - 3:30 p.m. City Council Chambers, 3` Fioor City Hall and Court House 15 West Keliogg Boulevard C� PRESENT: EXCUSED: OTHERS PRESENT: Anfang, Aiton, Faricy, Field, Kramer, and Morton Gordon and Mejia Peter Warner Carol Martineau, Allan Torstenson, Patricia James of PED The meeting was chaired by Commissioner Field. Thomas Dvorak - 01-219-530 - Rezone from R-3 - one-family residential district to RT-1 - two- family residential district. 1348 Birmingham, between Arlington & Ivy. Ms. Patricia James stated she left several messages for the applicant and he is not present today. After some discussion it was decided to hear the case. Ms. James showed slides and presented the staff report. She alsb stated the zoning staff recommends denial of the rezoning and the zoning district boundary line be changed to follow the rear lot line so there is no confusion about the zoning district for ali of the lots. At the question of Commissioner Kramer, Ms. James stated the City Council can make a determination of the findings and can make the zoning changes. No one spoke in support. Mr. Chuck Repke, representative of District 2 Community Council, appeared and stated District 2 recommends deniai of the rezoning. There is history of the owners attempting to spot zone the parcel to facitity a dupiex or tripiex. The neighborhood is singie family and they would like to maintain it as a single family zoning district The appiicant was not present to rebut the testimony and the pubiic hearing was closed. Commissioner Kramer moved denial of the rezoning. Commissioner Morton seconded it. The motion passed by a vote 6-0. • Adopted Yeas - 6 drafted by: i Carol Martineau Recording Secretary Nays - 0 Submitted by: ;� � �� � ri�z Patricia James Zoning Section Litton Chair oa-35 • 1. 2. 3. ZONING COMMITTEE STAFF REPORT FILE # 01-219-530 APPLICANT: Thomas Dvorak HEARING DATE: 09-13-01 TYPE OF APPLICATION: Rezoning LOCATION: 1348 Birmingham; east side between Arlington and Ivy 4. PIN & LEGAL DESCRIPTION: PIN: 22-29-22-31-0151, Legal Description: That part of Lot 13 Blk 6 Rogers and Hendrick's Acre Lots No. 2, lying Sly of the Nly 62.5 ft. and lying Nly of the Sly 5 ft. and lying Wly of the Ely 130.5 ft. thereof 5. PLANNlNG DISTRICT: 2 PRESENT ZONING: R� 6. ZONING CODE REFERENCE: §60.401; §60.420; §64.400; §67.304 7. 8. STAFF REPORT DATE: 09-06-01 DATE RECEIVED: 08-10-01 BY: Patricia James DEADLINE FOR ACTION: 10-09-01 A. , B. C. PURPOSE: Rezone from R-3 1- Family to RT-1 Two-Family to construct a duplex PARCEL SIZE: 58.03 ft. (Birmingham) x 170.09 ft. = 9,870.32 sq. ft. EXISTING LAND USE: vacant parcel (split zoning: R-3, RT-1) D. SURROUNDING LAND USE: North - 1- family residential (R-3); East - 1- and 2-family residential (RT-1); South - 1- and 2-family residential (R-3); West - 1- and 2-Family residential (R-3; RT-1) E. ZONING CODE CITATION: §60.401 regulates uses permitted in the R-3 District; §60.420 regulates uses in the RT-1 District; §64.400 provides for amendments to the Zoning Code; §67.304 regulates lot divisions that create no more than four lots. F. HISTORY/DISCUSSION: In 1976 the City adopted a revised zoning ordinance. At that time the property was split into two zoning districts; the boundary did not follow existing property lines but was located 135 ft east of the Birmingham lot line. The lot currently being proposed for rezoning was part of a larger lot with frontage on both 8irmingham and Winchell streets. In 1995 (Zoning File # 95-232) the property addressed as 1354 Birmingham, • which included the current lot, was the subject of a petition by Mary Lou Trumble to rezone from R-3 to RT-2 to establish a tripiex. The petition was denied. At that time the appiicant claimed that the existing house was a duplex; however LIEP records indicated the house was single family. File #1-219-530 Date: 09-06-01 Page: 2 fn 1996 the property was cited as an illegal duplex (Zoning File # 97-244). Mary Lou Trumbie (aka Mary Lou Law) applied for a nonconforming use permit to establish the duplex as legally nonconforming. This application was denied, and the denial was appealed to the City Council. The City Council considered the appeal (Zoning File # 97-304) and did not grant it. The denial of the nonconforming use permit was upheld. In 2000 Stoerzinger Construction submitted an application for a lot split (Zoning File # 00-119-986). The 1354 Birmingham property, along with the adjacent lot immediateVy east, was divided into four new Vots, two with frontage on Birmingham and finro with frontage on Winchell. The zoning boundary remained in the same location, so the two westerly lots remain with split zoning. G. DISTRICT COUNCIL RECOMMENDATION: The District 2 Council had not sent in its recommendation at the time the staff report was written. H. FINDINGS: 2. 3. 4. 5. 6. 7. • The applicant proposes rezoning the parcel to RT-1to construct a duplex. It is currently zoned R-3 and RT-1, with the westerly 135 feet zoned R-3 and the • easterly 35.09 feet zoned RT-1. No consent petition was submitted with this rezoning petition in accordance with recent state legislation that does not require consent of adjacent property owners for rezonings from one type of residentiai use to another. There is a lengthy history on this parcel and the lots surrounding it. The City Council has consistentlyheid thatproperty fronting on Wmchelt StreeYis - appropriate for 2-family residential uses while the property fronting on Birmingham should remain single family. � The comprehensive plan supports providing a variety of housing types throughout the city's neighborhoods, including single-family houses, townhouses, condominiums, apartments, and seniors housing. The size and location of this parcel and the consistent policy established by the City Council make it most suitable for single family construction. The proposed rezoning from R-3 to RT-lwould grant privileges for this single lot which are not granted or extended to other land in the vicinity along Birmingham Street, and would be done for the benefit of the property owner who requests the rezoning rather than for the public interest. The requirements of §67.304 state that the division of one or more lots into no more than four lots shall not result in a split zoning classification on a single lot. to coincide with the new lot lines was through the consent petition process or studying an area of at least 40 acres. STAFF RECOMMENDATION: Based on findings 1 through 6, staff recommends denial of the petition to rezone property at 1348 Birmingham (PIN 22-29-22-31-0151), legally described as that part of Lot 13 Blk 6 Rogers and Hendrick's Acre Lots No. 2, lying Sly . oa.•35 File #1-219-530 • Date:09-06-01 Page: 3 of the Nly 62.5 ft. and lying Niy of the Sly 5 ft. and Iying Wly of the Ely 130.5 ft. thereof, from R-31- Family to RT-1 Two-Family to construct a duplex. Based on findings 1 and 7 staff further recommends that the zoning district boundary between the RT-1 district and the R-3 disfrict be moved east to align with the rear property lines of the foliowing parcels: That part of Lot 13, Block 6, Roger and Hendrick's Acre Lots No. 2, according to the recorded plat thereof, Ramsey County, Minnesota, lying southerly of the northerly 62.50 feet, northerly of the southerly 5.00 feet and westerly of the easterly 130.50 feet thereof (PIN 22-29-22-31-0151); That part of the easterly 301.50 feet of Lot 13, Block 6, Roger and Hendrick's Acre Lots No. 2, according to the recorded plat thereof, Ramsey County, Minnesota, lying southeriy of the northeriy 60.28 feet and northeriy of the southerly 5.00 feet thereof (PIN 22-29-22-31-0152); The northerly 60.28 feet of the easterly 130.5 feet of Lot 13, Block 6, Roger and Hendrick's Acre Lots No. 2, according to the recorded plat thereof, Ramsey County, Minnesota (PIN 22-29-22-31-0153); and The northerly 62.50 feet lying westerly of the easterly 130.50 feet of Lot 13, Block 6, Roger and Hendrick's Acre Lots No. 2 according to the recorded plat � thereof, Ramsey County, Minnesota (PIN 22-29-22-31-0154). \ J � oZ'aJ� PETITION TO AMEND THE 20NING CODE Department of Ptanning and Economic Develapment Zoning Sectian 1400 City Hall Annex 25 West Fourth Street "" Saint Paul, MN SSIO2-Z634 (65I)266-6589 PropertyOwner 1� APPLICANT PROPERTY LOCATION Zonirig office s ly, � � Fle#` 0����� Fee: 2f 7 = .S� Tentative Hearing Date: �'- 1�3�01 City �,(�/� �� St. Zip �Sd �Z Daytime Phone� ��� Contact Person (if different) Phone Address / Location �� �Il /.� �R�li.�� "^ Legai (attach additional sheet if necessary) Zoning � 3 �' �T� TO THE HONORABLE MAYOR AND CITY COUNCIL: �suant to Section 64.400 of the Saint Paul Zoning Ordinance and to Section 462.357(5) of Minnesota Statues, , owner of land proposed for rezoning, hereby�petitions you to rezone the above described property from a K 7 ���3 zoning district to a ,`� � zoning district, for the purpose of: (attach additional sheet(s) if necessary) Attachments: Required Site Pian � Consent Petition � CI\ ���� �- fC1 - C'J ( 2(-1- sc� Affidavit � Subscribed and sworn to before me this °'Y - ,20_ Notary Public Fee O�(rner of Page 1 of _ �� � '�` PIONEER � engineeri * ,� J� * s • rnn e+cwccxs w+osurc uearteers z<zz e�i�o�e� or� MmOOtu Hey�ts. NN 55120 (612) 681-1914 FAX:681-9488 68 Hghroy 10 KE �a��S MN 55434 (612) 783-1880 FAX7&3-7883 soundar sur�e tor.� STOERZINGER CONSTRUCTION � �,1 � �I i WI s � ' 3 L� vl 1 � � �I � � (� lr � Conveyance of lantl tl�seribed by thc instrument ts hereby approved and is e�tl�d to remMing anf whdividin6. ��A.J F w�l\ L � lo-S-GU ��ningApmipistrator�0ate ,�_, /j - �/ �a.�-� y. � in/ � � iuiv%v' � a � j � � �,,, �l-��_ � �G�c�-�L /`/,�' � ���� � i � No� i �NmU lina ol Lot 13 L----- 300.62 ; /' YT V /i)Qt2 EX6T.OPIYEWAY t�.� ♦ � �6L1 ••••` CAR ♦ D �go�. °�� � tV m C O N � 130.50 no.as T Uo.w r � ,` ✓ � c[t�tce no.a � ��, _ _ �FND V � "'°H � 300.56 �-NwN line af Ne.SauR 5.�. het of..LOL IS . Bearinqs shown o�e ossumed ; � � � 13 i�� � �� � �� �EX NOUSE� r r: 0 s �E i �� „ �'� �'� , Io�xo�� rx 1 - � --� - r e e� �ai is - Ezisting conditions based on Sur.ey W completed on Febrvary 15, 2000. PARCEL A That port of Lot 13, Bfock 6, Roger and Hendrick's Acre Lois No. 2, occordng !o the recorded ylot thereof, Ramsey County, Minnesota, lying soutt�erly of the nortAerly 62.50 feet, northerly ot the southerly 5.00 feet end westerfy of the easfuiy f30.50 feet thereof. (AI! dstances are meosured nt right angfes to soid property lines.) PARCEL B fiot part of the eas2erty 130.50 feet of Lot 13, Blxk 6, Roger ond Hend�ick's Acre Lots No. 2, accordng to the recorded plat thereof, Romsey County, Minnesota, lying southeriy of the northerly 60.28 feet and nortAerty of the southerly 5.00 feet fhereof. (AII dstanc�s ore measured oY right onqies to said property Iines) PARCEL C lhe northerly 60.28 feet of the eosterly 130.50 feet of Lot 13. Bloek 6, Roger ond Hendrick's Acre Lots No. 2, angles to said propeftty Iines.) PARCEL D The northerly 62.50 feet tying westerly of the easfer�y 130.50 feet of Lot 73, 8lock 6, Roger ond Hendric� Aere Lots No. 2 occordng to the recorded plat thereof, Ramsey Couniy, Minnesofa. (All distances are measured at right ongles to said propettly lines.) We here�y certify to Stoerzinger Construction that this survey, plon or report was prepared by me ar �nder my dicect supervision an6 , lha! i wn o duly �icenxE LanE Surveyor u�dv the Iows of the Sta[e of Minnesata. DateG lhis ��ih Eay of FBbNafy � AD.. T000. � Add Parcel D 2/28/00 Signed: PIONEER ENGINEERING, P.A. Revise Boundory 9/27/00 \ 3nch _ feet B I 1 �' �\\�\ � ( Scale:l" -50— � ��,�_� 1728 200004.07 TRB Terrente E. 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