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255322 o�s�c�a c,��t T i ORDINANCE ��;�� COUNCIL FILE NO � PRESENTED BY �� ORDINANCE NO � An ordinance amending the Zoning Code, Chapters 60 to 64, inclusive, of the Saint Paul Legislative Code, pertaining to Use Districts, Height Districts and Rezoning of certain properties in the City of Saint paul, as amended. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section l. That the Zoning Code, Chapters 60 to 64, inclusive, of the Saint Paul Legislative Code, pertaining to Use Districts, Height Districts and Rezoning of certain prop- erties in the City of Saint Paul, as amended, be and the same is hereby further amended so as to rezone the following des- cribed property from "A�' Residence District to "C" Residence District, to-wit; The north 75 feet of Lot 27, and Lot 43 except the south 50 feet, J. W. Bass Acre Lots; situate on property located on the east side of Westminster Street between East Cottage and East Hyacinth Avenues in the City of Saint Paul. Section 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. Yeas Councilmen Nays Passed by the Counci� �EP 1 �97� -�a�1er-- �� n Favor Levine Meredith � � Against Sprafka Tedesco �: �1 r. President cC rty) Ap ed• r 1� At t• it3► Clerk o �� 'orm approved Corporat�on Counsel B PUBLISHED S�P 4 �97� � a�.a r�ear s i ORDINAIITCE - COUNCIL FILE NO ° PRESENTFD BY � ORDINANCE NO � �� r ]� o�s��a�re� a�iaq t� so�ia� f�o8�, t�apt�az� 60 to 6�. iaaltui�n, of t� �iat �aNtl Iwql.�lati�n Cod�. P�rtai�i� to t� A�.a��aci.cts. i�3�t Distti�tt� iad �so�i� o! ae�rtsia proprst3ar is t� Cit� o! �s�3at �►asl, as ara�rd. S'� i�lC2Y. �' � C2:'Z t'� i�� !� DE�i� t�s: �ct3+�� 1. lLat t� 8oa�q Cod�s �hap�+�ts � to b4. i�ci�r�sivrr,, a! t"Ir� iarist lasl i�wr�i�lsti� C�, p+�staials� to _ �iss DirttsiQts. �tiq'bt Dls�riett� 'aad ��a� o� �rstaia ps+vp- �s�tita ia tbs CitY of saist taol, as a�d. br �d t�� sa� ` is � l�rth�r a�rra�d so aa to � tl� folla�riaq e�- � asib�d prOpss'tY fz�l► •�1� �s3� Diat.riQt tef 'C' �id�ao� Dists3at, to�xit: . . Th� tw�cth '7S fNt o# Lot �7, aad �ot 4� �ospt tht south 30 lwt. J. 11. ia� uics� Lots: � sit.aat� os gs�ar,p�uct? lo�aat�d aa� t'� uat si� o! tlra��t�r � str� b�tvrra sut tt�tag�s aed sast lt�aciw►tti �ir�ws is tLs � cit� ot s�st r�.. �t1� 2. s"bis osdiaa�cs sball ta�cs atiyct a�d b� ia l�orw thist= �30� daTs► �ias ar� att�c i�.s pas�a�. a,pps�ral at�d p�►liQaalGi�. Yeas Councilmen Na�s Paseed by the Council S E P 1 191� � (`axl � Tn Favar Levine Meredith � a gainst Sprafka T�� r SEp Z ,9r Mr. President (McCar�y) Appmved: At#,est: City Clerk Mayor �� : �'orm a�►rove.d Col�wr�lfion Counsel By . � ;i � � ° , . � ' .. .. BOARD OF= ZONING REPORT AND AC'TION ' Julv 1 1971 P�3t �la� � . _,_�k32�� Acting�urtdet Legislative Code Chapter 60 thr ` 64 pess�d Auguat 22, 1922, aa esend�d ta Jaau� 27, 1971. 7180 . � _ � 7121 . ,�;.,1�",�,'�`r! r�,�'1C , Frank and Dorothy Wohletz 7120 �-�t ��-�t 6697 : Ci,P.�STr''Cy'I'1�)N , �.J Amendment � A��eal ❑ Permit U 3ther 6696 Rezone from "A" to "C" Residence to X-1062 T�'R''a�' ° construct multiple-unit dwellings � � Ia��Ck;'Z�t� b East side of Westminster Street between East Cottage and East Hyacinth Avenues `.; . Ia�rA�y nFaSvRiPTI�N , The north 75 feet of Lot 27, and Lot 43, except the south 50 feet, J. W. Bass Acre Lots �� PiiESI:PJT 7.�P1iNG; "A" Reaidence -',iRS�..�AN".' T� 7onin�* �ode Chapter: 64 Saction: •06 Paras?raph: �.� , �TAFF �LrdVtSTICATI�N � REPORT; D3te; 6/24j71 3y% ATB A. SUFFICIENCY: The Commissioner of Finance, in a letter dated June 10, 1971, declared the petition sufficient with the owners of 9 of a possible 13 (69%) parcels within the prescribed 100 feet of that part of Lot 27 and with the owners of 20 of a possible 23 (87%) parcels within 100 feet of that part of Lot 43 having signed the petition. B. HISTORY: The two parcels ad�join on the north and south borders property recently rezoned to "C" Residence. An appeal was filed to permit the use of this "A" Residential property as a parking lot for an apartment. The appeal was heard by the Board of Zoning on March 18, 1971, and was laid over for a 6-week period to allow the appellant time to check out legal opinions that were presented. At the Board of Zoning meeting on May 6, 1971, it was indicated that the appeal would be withdrawn when theae petitiona to rezone the properties were filed. The staff reported to the Board of Zoning on June 17, 1971, that the petitions had not been referred to the Board of Zoning in time to be heard at that date. C. PROPOSED USE: The petition statea the proposed use to be for multiple-unit dwellings. The appeal referred to above as presented to the Board of 2oning was to provide parking area and more green space for the adjoining proposed apartmenta: D. FRONTAGE AND AREA: The aubject portion of Lot 27 has a frontage of 75 feet along Westminster with a depth of 300.3 feet, resulting in an area of 22,522.5 square feet. The subject portion of Lot 43 has a frontage of 100 feet along Westminster with a depth of 270.3 feet and an area of 27,030 square feet. The total area to be rezoned is 49,552.5 square feet. E. CO�IPREEiENSIVE PLAN: The Canprehenaive Plan recommends low density for this area. F. SITE CONDITIONS: The site is 2 or 3 feet below the grade of Weatminster Street. A aingle-family residence is located on the northerly part of the site in the vicinity of Clear Avenue. G. AREA CONDITIONS: Adjoining to the north is a single-family residence; to the east are scattered single-family residences; south fronting on Westminster Street are single-family residences. Most of these residences are on large lots. West across Westminster is a 6-building, 102-unit apartment complex and single-family residences. 9. BOARD ACTION: To Recam�aend Q Approval � Denial Council Letter Dated: Moved by . George McPertlin Xeas Nays August 5, 1971 x Ames - Ch. Date of Seconded by: LeRoy Benahoof Cochrane Hearing: x McPartlin Secretary's remarks: Maietta July 1, 1971 Mansur Council Action: x Curran x Benshoof Dooley Date: Prifrel ` , . .. ' . � �� J�I M - � , . � . . � � , , � , CITY OF SAINT PAUL, MINNESOTA " ' PETITION TO AMEND CHAPTERS 60 thru 64 OF THE LEGISLATIVE (ZONING) CODE Note: The signer should appraise himself of the uses permitted under the new classi- fication before signing this petition. For further information about the rezoning of property, call the Board of Zoning Office at 223-4151. (Please type or print) Date• May 13, }1971 TO THE HONORABLE MAYOR AND CITY COUNCIL '�. �• � '.�;'t/ �� c/o the City Clerk, Room 386 City Hall �, a� � ,, � �1e f�� i ��,�,�f(' � � City of Saint Paul, Minnesota :�� "`- - � �f"'" +1 Pursuant to Section 64.06 of the Legislative Code, we, the undersigned owners~8f�� two-thirds of the several descriptions of real estate situated within 100 feet of the real estate affected, hereby aequiesce; and we, the owners of 50%, or more of the f rontage to be reclassified, petition your Honorable Body to rezone the follow- ing described property; (legal description and street address) �orth 75 ft. of Lot 27, and Lot 43, s�ccept south �o Ft. of J•w.BAS3 ACAE LOTS from �AN District to �� District, for the purpose of installing, constructing and/or operating the following: (describe briefly the proposed facility) �],ti¢l.e �.t �91��8 RECORD OWNER SIGNATURE LOT BIACK ADDITION Subject Property: `'Albert R Andert 28 J• W 8A93 ACRE LOT3 �-Q.arenae C. Bd.slka �" , � ,, .- Msry a. �l,alka �: � 3 « « N � Z'homas J. Gnvghan of Lot . ,, Diane R. " �� 33 eo� . W. 30 � « M N r s . o Lots ,.8hirley Ar�n Horrigan 8 & 9 4,5,6 & ? of J.M. rner a Aare Lota Ronald W. Kelm `�' .�:�-t � � • 1�& 2 3 3trub�s Addition Barbara L. Maier ,,,�,�,� �� a�ra c. wo�.et� ��, �� 6 3 str,�b� .aad3.tion . ��t , t �orton�s Sub, of lota t 1� 4, 5, 6,7 of J.M. . oc e s cre tas ea-...e.T '�� 2 ��x �io. �oZ y s7 9 14,# S tl6 1 - 18, 19 and 20 State of Minnesota ( ___ County of Ramsey ( ss --� '- �----- •-..._-_.._ . r! r s: ��'�� `�_ � � � �.; _�?1� Ray Nowicki being first d es that he is the person who circulated the within petition consisting of thre e pages; that the parties described above are the owners respectively of the lots placed immediately following each name; that this petition was signed by each of said owners in the presence of this affiant, and that the signatures above are the true and correct signatures of each and all of the parties so described. Subscribed and sworn to before me t'' ^ this 13th day of May, 19'71 �C*iyr ! ��/�' , ' ,� i , Address; 186'7 roll Ave. � ` �i�C�-�r�.cs� ,� Q ��1r_ Telephone No. 6 6_315g Notary Public, Ramsey County, Minn. My commission expires Approved as to form 1/4/65 FGI 1/5/65 TERRANCE S. 0'TOOLE, Office of the Corporation Counsel Notary Public, Ramsey County, Minn. My Commission �pires Jan. 27, 1973 - � r . , , � � , _ , � � , CITY OF SAINT PAUL, MINNESOTA � • PETITION TO AMEND CHAPTERS 60 thru 64 OF THE LEGISLATIVE (ZONING) CODE Note: The signer should appraise himself of the uses permitted under the new classi- fication before signing this petition. For further information about the rezoning of property, call the Board of Zoning Office at 223-4151. (Please type or print) , Date: May 13, 1971 TO THE HONORABLE MAYOR AND CITY COUNCIL c/o the City Clerk, Room 386 City Hall City of Saint Paul, Minnesota Pursuant to Section 64.06 of the Legislative Code, we, the undersigned owners of two-thirds of the several descriptions of real estate situated within 100 feet of the real estate affected, hereby acquiesce; and we, the owners of 50% or more of the frontage to be reclassified, petition your Honorable Body to rezone the follow- ing described property; (legal description and street address) North 75 ft. of Lot 27, and Lot 43� except So�h 50 ft. of J•W. Hass Acre Lots. from N�1N District to wCN District, for the purpose of installing, constructing and/or operating the following; (describe briefly the proposed facility) M�ltiple Ul13.t Di�Te113rig8 RECORD OWNER SIGNATURE LOT BLOCK ADDITION Subject Property: "Frank J• Wohlets � � Doro�hy M. " c� �• 3 J.W. BASS ACRE LOTS � Frsnk J. Wohlet$ - ` DpY'p� M� � .�.J G'L �_ � � 41 N N N ��]AP@11C8 Ci• � � r 1+1ary A� H3.i��SA 4 (/i/L C �� N N N � �TO�lYI C• D07mOY11CO3 '�Irsne L Domonlcoa � " a " ► ✓ Fred H. Williams v H+srAice Willi,atns /� " � ,. 0 & 2 M a " , L Louis P. 3chmitt � e�cc W 150� ✓Marlys M. 9ahmitt 5p � N M � � E1�gene K. Claugherty p50 g f A� �� z N M ✓ Collesn R. N State of Minnesota ( � . ' ' p County of Ramsey ( SS . , .`��;�; � '+;� . � r _:�. �_.�-�_� '� Ray Nowicki being first duly sworn, deposes and states that he is the person who circulated the within petition consisting of th ree pages; that the parties described above are the owners respectively of the lots placed immediately following each name; that this petition was signed by each of said owners in the presence of this affiant, and that the signatures above are the true and correct signatures of each and all of the parties so described. Subscribed and sworn to before me ` this 13th day of N1ay, 19'71 � �� ' � Address; 186'7 0ll Avenue � 1 �i � � � Telephone No. 646-315$ otary Pu�alic, Ramsey County, Minn. My commission expires Approved as to form 1/4/65 TERRANCE S. �'T��-�� Office of the Corporation Counsel FGI 1/5/65 County, Minn. Notary public, Ramsey 1973 My Commission ExDires Jan. 27. - �� • y ,r � . � ' . ` . M , : . CITY OF SAINT PAUL, MINNESOTA ~ � � " PETITION TO AMEND CHAPTERS 60 thru 64 OF THE LEGISLATIVE (ZONING) CODE Note: , The signer should appraise himself of the uses permitted under the new classi- fication before signing this petition. Far further information about the rezoning of property, call the Board of Zoning Office at 223-4151. (Please type or print) Date: May 13, 1971 TO THE HONORABLE MAYOR AND CITY COUNCIL c/o the City Clerk, R,00m 386 City Hall . City of Saint Paul, Minnesota Purs.uant to Section 64.06 of the Legislative Code, we, the undersigned owners of two-thirds of the several descriptions of real estate situated within 100 feet of the real estate affected, hereby acquiesce; and we, the owners of 50°Jo or more of the f rontage to be reclassified, petition your Honorable Body to rezone the follow- ing described property: (legal description and street address) ��fM 'S iti. �t LN� a'�'r aad i�l. �sr�t �rMRf� !0 !'�. � 1.w. �Ari A�t! Lali �3 " from � � � District to • Q A District, for the purpose of installing, constructing and/or operating the following: (describe briefly the proposed facility) �� t � RECORD OWNER SIGNATURE IAT BIACK ADDITION Subject Property; ' ✓ L� !? is Mi � AE�t� L0� '' WilM► �. � z,.." i • ✓ • �r �, �..�� K !0 J.M•�1�i 0� L0� r � li ` � - � � l.M• �f�f �i� L0� � � � � • � ya� � ti�� ,�� r';��'�:'?��`?R / 1�ii� �f Oiw�M ZA�/ OaM�l�r Vd �� ' ^ - � �"�r ._rar QR„ �, PI?.,!�r � - _. ,:_..r.. State of Minnesota ( � ' ' ' .�' "' ,� � County of Ramsey ( SS ��` ��-- �T�`.3�; ��"! 'a` "�r �,;..; - ��,�C� . .�.. t.,�r�..�-_....,�,..- Ray Nowicki being first duly sworn, deposes and states that he is the person who circulated the within petition consisting of thr ee pages• � that the parties described above are�the owners respectively of the lots placed immediately following each name; that this petition was signed by each of said owners in the presence of this affiant, and that the signatures above are the true and correct signatures of each and all of the parties so described. Subscribed and sworn to before me ` this 13th day of May, 19'71. p�� ` ��JL �� i p Address; 1867 Ca. 11 Avenue , s:=-�,�z�.-Y�,�,.�� 6 �n'�'` Telephone No. 64 -3158 ,Totary Public, Bamsey County, Minn. My commission expires Approved as to form 1/4/65 Office of the Corporation Counsel FGI 1/5/65 TERRANCE S. 0'TOOLE, Notary Public, Ramsey County, Minn. My Commission Expires 1an.'27; 1973 . � i � ; ; . �� . OFFICII-�L � R1�MSEY COUNTY ABSTRI�CT OF TITLE � . �eport for Zoning Purposes ; as � to � North 75 ft of Lot 27, and Lot 43, except South 50 f t o� J. W. Bass Acre Lots. State of MinnesotQ Office of : 98 County of R amsey Oounty Absraot Clerk The Abetraot Clerk of R amaey County hereby oertifiea that the following exhibits oonsisting of entriea Numbered 1 to 1 9aonstitutee ', a true and compl�te report of the apparent ownership of eaah of the described premisea, whioh include premisee in aaption and all paraele of land eituate within a radius of L00 feet of any part of the oaptioned premieee, all � � wn by the reaorde in the Register of � !j kh�,i D eed s and/or Regie trar � � I �, of said County. � �� ''�`� ' '� '�� , � - � ��. � Given at St. Pau�, y �,a ApriL 16 1971 at 8 0' clock A. l[. � r, I �� I J li �� n'�I �I.II�� I.' p. � Liability under thie ,'� I� �' �� - ited to �25.00. Witnesa my �-�- ' �=� - hand and eeal of Offi��`° _� ' I-/ .�� y°4.��/ � Ab ra Clerk of Rarr�sey County , B r_ _.... _. D epu _ -. ;� ,� . ,_� �� . .±"� .� � .� ylw 7�w� �' #3619. ISSUED BY . COtiNTY ABSTRACT CLERK 152 COL?RT HOUSE ST. PAUL, MINNESOTA ,;,.�;�::��;.� - . Gorm A[iG1800 I I , � � • ' • . ; . ' . . , „ OFFICIAL RAMSEY COUNTY ABSTRACT OF TITLE L4. Grace Scl�lidt is the owner of: Lot A, Lot 12 except E 1.25 ft thereof and aLl of Lots 13, 14, L5, 16, 17 , 18, 19 and 20, BLock 2, Mortonts Subdivision of Lots 4, 5, 6 and 7 of J. M. Warnerts Acre Lots 15. EveLyti L. Kennedy is the owner of: Lot 27, J. W. Bass Acre Lots. 16. Walter A. Swirczynski and Mary K. Swirezynski are the owners of: S 52 ft of N 1/3 of SZ of Lot 20, J. W. Bass Garden Lots. 17. Juan S. Ramirez is the owner of: N 1/3 of S 2 except S 54 ft of Lot 20, J. W. Bass Garden Lots except W 150 ft. L8. Sidney A. Goodman, WilLiacii S. ReiLing and Donna M. Hanson are the owners of: Ni of Lot 20, J. W. Bass Garden Lots. Subject to ease�nents. L9. The CathoLic Aid Associat', , Minn Corp, is the owner of: N 95 ft of Ea of SL/3 of Lot 20 ' � �, , Bass Garden Lots. �� i I��i ��''� �/, ��I ' I'"r11 �� !li Il��il� _-I I��i i�i 'I,a�� 1 � � , � , ��f ��I�.�I��I I I�i��'�� '� i t�, , y �o i�f� "" ,�,�I l I�;,�'il' � � �i"�-� �'-.! l �!-j� �. f � .� �.....>...._-... . .. <:.� . _ .,. . . . •---� � ' ' � }� t ,�� ' � �' �� `��,. '+�� ,.... ..__ _ __--- -- - . . _._._.J ISSUED BY COUNTY ABSTRACT CLERK 152 COURT HOUSE ST. PAUL, MINNESOTA �>>�.�'�<��; E�r:n A}3G1A00 � FORM JPR 4D�iM�J.70 1�� - STATE OF'MINNESOTA �IAY 5--1971 PROBATE COURT � � COUNTY` OF RAMSEY �Q}�y �„ McKENZ1E� �letic File No. 129579 ; � Re Estate A,. e_ T.C. - � Grace Schmidt Final Decree (Summary Proceedings) Uececient, The petition—for General Administration—tX��.�4�Si�--or for R��mmary aAAiRnment and distribution having been duly heard and considered, , , Now, upon the evidence adduced at tlie hearing and upon all the files, records, and proceedings herein,the court finds that said decedent wa� born on________________July 2 _ _1899 _ � $nd died .._._ln testate on._...___September 23 __ _ 19_��.,__..; that at the time of.herdeath said decedent resided at__....13��._V��.G7�?�ini�ter______________________________Street, St. Paul, Minnesota; that said estate consiste of the decedent's homestead, being the following described real estate situated in Ramsey County, Minnesota, to- wit: � homestead: Lot A, and Lots 14, 15, 16, 17, 18, 19, and 20, Block 2, Morton's Subdivision of Lots 4, 5, 6, and 7 of J. 1�. Warner's Acre Lots according to the recorded plat thereof on file and of record in the office of the Register of Deeds, , . Ramsey County, Minnesota. And of other real estate situated in Ramsey County, Minnesota, tb-wit: Lot 12, except the East 1.25 fee.t thereof and all of Lot 13, Block 2, Morton's a�¢�l}LO�}��R] r��[��[�[14'fYFMVYY�YYYYYY�� Subdivision of Lots 4, 5, 6, and 7 of J. M. Warner's Acre Lots according to the recorded plat thereof on file and of record in the office of the Register of Deeds, Ramsey County, Minnesota. j i ✓ And of personal property of the value of $1, 911. 34 consisting of: �Miscellaneous household goods and furnishings $ 250.00 ✓ Cash ' . 356. 65 �✓1966 Chevelle Automobile Serial # 131116K10-1041, 2-door sedan 725. 00 25 shares of comn`ion stock, United Merchants and Manufacturers, Inc. ' • C��rti£icate #�TC 0165Q07 57�. 69 tha ere is no need To� ��ppointment of a representative;that the administration should be closed summa y , for the reason that� o e property in said estate is exempt from all debta and charges in the probate court; ��4��aa��i�acx.��ctud�c��ai��p��ce�r,xt��s►��esb6eeat�xx�el�c �� (State actual legal yd�tionehip of esch bweticiuy to decedent) and the Court finds that Russell R. Schmidt and Jean L. Mahoney the sole heirs, have paid the expenses of burial in the amount of $1, 689.44; attorneys fees and costs, and last illneas expenaes, the total of said expenaea exceeding the value of the other real estate and the personal property. � that the following named peraona are all the heirs of said decedent csate.eeua.el.aoa.h�n ot eaoL�o aeeea«n� Russell R. Schmidt, son � �. - _.:_ Jean L. Mahoney, daughter ✓ i ` �� • � , . �� ' ��s�dx�iraa�x�x�nis�:e;�ci¢Yxat+��r`� , ` �� +�' � `' ,� .,�� i _ � r---- _--T-r=n-- Therefore, the court doea hereby decree that the abov8 deecribed rea1.....�1�4�..per_so�aj,,,,,,,,,,,,,�8�� - subject to any lawful dieposition heretofore made, ie hereby aesigned to and vested in the following named peraonA in the followinq proportionA or.part�: Russell R. Schmidt, son, 1/2 thereof, and Jean L. Mahoney, daughtera 1/2 thereof ., �,, It ie further decreed tha�t the lien of inheritewoe teucee on eaid deaari property ie he ' �v ved. Da 1 � ttid_..............lY��y.....-•�;J.. ----..............., 19.7.......:. . ... � (Court E3ea►'� ..- . - . .�............... . ,� . + . � . � . � � � . , � . BOARD OF ZONING, CITY OF ST. PAUL 1010 COMMERCE BUILDING • ST. PAUL,MINNESOTA 55101 • PHONE: 223-4151 , Au ust �� S 5, 1971 Mr. Harry E. Marshall City Clerk Room 386 City Hall St. Paul, Minnesota 55102 Dear S ir: This is written in response to the petition of Frank and Dorothy Wohletz to rezone from "A" Residence to "C" Residence property located on the east side of Westminister Street between East Cottage and East Hyacinth Avenues further described as: The north 75 feet of Lot 27, and Lot 43 except the south 50 feet, J. W. Bass Acre Lots. This matter was heard by the Board of Zoning at its July 1, 1971 public hearing at which time the written staff report was read. The staff noted several factors favoring the proposal and compared this proposal to the criteria for the location of high density development as presented in the Comprehensive Plan. Representing the petitioner was Mr. Terrance 0'Toole who said they will use this additional land for parking and open space in con- junction with the adjoining proposed apartment development. The Board noted that the site is near primary streets. A motion was made and seconded to recommend approval. The motion carried by a vote of four to zero. Very truly yours, .�� / , .�-��. PETER J. MA TTA Secretary, Board of Zoning PJM:kk PL R Z.F. ��7180 � `�`�� U 0 � v � ' • � L f ��y Narry L.ManYall ��TY �F� �qR �Q�jO� City Cl'erk and ' t�'9j\��,'� Counoid Reoorder Commise�ioner of Itepiatnation c =a�;:;� � , W��` a i � :y ° hC OPFICE OF THE CITY CLBRK CITY OF SAINT PAUL BUREAU OF RECORDS J8B City Aall St.Paul,Minnesota 68108 June 15, 19 T1 Zoning Board Coimnerce Bldg. St. Pau1 Gentlemen: 2'he City Council referred to you for recommendation the attached petition for rezoning the Nc�rth 75 feet of Lot 27� and Lot 43 except the South 50 feet, J. W. Bass Acre Lots, located on the east side of Westminster St. between E. Cotta.�e and E. I�►aci.nth Aves.� to Class "C" Residence District. Ve truly yours, �� City rk � ng n,t � n UY L7 V l5 U L'.1 � L°1 JUN � F 1971 CITY PLANNING BOARD Saint Paul, Minnesota rx �; i � ��V -�'�� .�..L1.3G. �� f . •, � .. • � ��y� � . �. �� . , � �.� • CERTIFICATE 1�� 6 4 5 5 STATE OF MINNESOTA COUNTY OF RAMSEY PROBATE COURT I,JOHN L.McKENZIE, Clerk of Probate Court of said County,do hereby certify that I have compared the annexed copy of FINAL DECREE (Summary Proceedings) IN RE: Estate of GRACE SCHMIDT, Decedent with the original records and files preserved in said Probate Court, and that the same is a true and correct transcript therefrom, and the whole of said original records and files. ` , ,. f " ' - - �.� �0. � . . � �'�.y� 1 ��i _ . ' '_ � , � ` , _ _ ' IN TESTIl4IONY WHEftEOF, I have hereunto subscribed my name and aflixed the seal of the Probate Court of said county, at St. Paul, in said County, this 9th �y o Jun _ . D. 19 71 < � k of obate urt, R y County, Minn. va , ' . , . � � ' • DEPARTMENT OF FINANCE � , � CITY OF SAINT PAUL MINNESOTA I 13 Court House,55102 ROSALIE L. BUTLER, Commissioner �hone:223-46�46 June 10, 1971 To the Council City of-3t. Pau1 Gentlemen: I have checked the attaehed petition of Evelyn L. Kennedy & Frank J. , and Dorothy M. Wohletz, filed in the matter of rezoning, The north 75 feet of Lot 27, and LoC 43 except the south 50 ft. , J. W. Bass Aer� Lots. The property is located on the east side of Westminster between East Cottage and East Hyacinth Avenues, from a Class "A" Residence District to a Class "C" Residence District, and find that said petition is sufficient. Yours very truly ��_��.� ECE�� salie L. Butler Commiss � of .Finance / �%¢j��L'� • Re: X-1062 c.c. Mr. Ames N. R. Heiden Mrs. Butler Lot 27 Lot 43 Frontage: 100� 100� Parcels Eligible 13 23 Parcels Signed 9 or 69� 20 or 87% Needed 9 or 66-2/3� 16 or 66-2/3� ��lQ [��°a ��.� ` `�� o � � �MIN[TTES UF THE PUBLTC HEARING BEFORE TEiE &�1RD OF ZONXNG � � � ' on Thursday, July 1, 1971, at 2:00 P�Mo PRESENT: Mesars. Ames, Benahoof, Curran, McPartlin, and Maietta of the Board; and Messr�. Brown and Rosetter, Mra. Frantzen, and Miss Perkins of the staff. Mr. Ms�ietta moved for approval of the minuCes from the .Iune 17, 1971, Board of Zoning meeting. The motion was seconded by Mr, Benshoof, and carried unanimously. FRANK AND DOROTHY WOHLETZ: A petition to rezone from "A" to "C" Residence to conatruct multipLe-unit dwellings, property located on the east side of Westminster Street between EasC Cotta�e and East Hyaciath Avenuea. Mr. Rosetter sum�rized the staff repvrt, a part of the file, stating that the two parcels �djoin on the north and aouth bordera property receatly rezoned to "C" Residence. An appesl was fi1�d to permit the use of this 91A" Resideatial property as e parking lot for �n apartment. The appeil was heerd by the Board of Zoning on March 1�, 1971, and was laid over for a 6-week period to allow the appel.lent time to chectc out legal opinions tha� were presented. At the Board of Zoning meeting an May 6, 197Y.� it was indicated Chat the appeal would be withdrawn when these petitions to =ezome the properties were filed. The staff reported to the Board of Zoning on June 17, 1971, thst the petitions had not been re�erred to the Board of Zoaing in time to be heard at that date. The petition. states the proposed use to be for uwltiple-unit dwellings. 'T°tie appeal referred to above as presented to the Board of Zoning was to provide parking area and more green space for the adjoining proposed apartments. The aub�ect portion of Lot ?7 has a frontage of 75 feet along Westminster with a depth of 300s3 feet, resulting in an area of 22�522.5 square feet. Tt:e sub�ect portion of Lot 43 has a frontage of 100 feet along Westmi�aster with e depth of 270,3 feet snd an azea og 27,030 $quare feet. The tot�l are� to be rer.oe�ed is 49,552.5 square feet. In conclusion, Mr. Rosetter noted tt►at in favor of �his rezoning are the following factors: 1) it would be an extension of the us� and zoning; and 2) this would advance a trend toward filling out the entire block. This would be an ideal situation because there ia no logical land-use boundary within this block and a street would at least provide some type of boundarq, Other factors meke it less than ideal, however. Mr. Rosette� pointed out that in Chapter I, Sectfon III, Subsection D, paragreph 4 of the Comprehensive Plan referring to standards for high-density resideatial areas states thaC such areas should be close to permanen� open areas anci cloee tc� primary streets, transit routes, shopping aress, and other comnunity-neighborhood service facilities. Applyi�g these criter£a to this property, we cmn see that: 1) it is not close to permanent open areas. A re-evalu�tion of this criterion suggests that it is a very relevant one. There was m time when apartmenta were considered to be a dismal and temporary recourse to a few who could not afford sny better alterc�tive sad would soon move to somethin; better. Today, people have more leisure time and many exp�ct to live in -1- , , ,. � . FRANK AND DORUTEIY WOHI.ETZ (7J1J71) (Co�tinued�: . � � ' apartments much of theis lives; same even prefer apartments. MBny apartment dwellers ere married end have young children. Also today theze ia much talk about the desire of all people to use parks and other open space; this is especially true of young people. It can be argued that the autouwbile- oriented life commonly attributed to young apartment dwellers a►ay be dne to the fact thet they beve no eltemative but to resort tfl the suto for recreation. If it is Lrue that the City cannot affoxd to provide public open space in thia area, then it can b� argaed that the City should seriously reconsider ita growing tendency to committing this area to high-density development without co�nitting itself to providing appropriate supporting open-space facilities. 2) Because of the growing deasity ia the area, both Weatminater and Arliagton are becoming major routes and are capable of being improved furt6er. Therc ia no cloae interchange with I-358. hawever. 3) The nearest bua route is about 1/2 m£le from these parcels. This distance just puts the sites within the limits of what is normally considered to be the area served by the traneit syetesn. 4) The locatioa is definitely apt within walking distance of a shopping area� or any other coamnuni'�y or neighborhood facility. Mr. Rosetter pointed out that the rezoning proposal ia to provide addltioaal parking, and green space for the praposed spartments; the City has uo control over the dev�lopment of this plan once the property ia rezoned, however. Mra Maietta atated the aite is nea� primary streets auch as Merpland Avenue aad I-35Ee In regard to Mro Rosetter's point about controlling what the rezoned land would be used for, Mr, Ames aaked what the intent of Che petitioner is. Representing the petitiaaer was Mr. T�rrance 0'Tool�, who noted they have been striving to uae the land for parking and green apace Bince March. He said they have enough land for construcC�on af the building, and intend to use the subfect property for parking aad open space. Mr. 0'Toole pointed out he does not feel the petitioner should be made to put in an adverse �asement. Mr. McPartlin nnoved for approval af the petition to rezone. He cammented thst he appeared for this matter oaly beceuse Mr. Maietta hss former interest ir� the propesty that would meke him ineligfble for voting. The motion for approval was secoaded by Mr. Benshoof, and c�rried by a 4-0 vote. Yt was noted that Mr. Maietea withdrew from the votin.g p�ocedure. At thia puint, Mr, McP�ertlin excua�d himself from the meetfng. , Submitted by: Paul L, Roaetter Robert Lq Ames, Chairman _2- City Clerk . � � „ � CITY OF SAINT PAUL MINNESOTA DEPARTMENT OF FINANCE � 113 Courf Mow� 55102 Juiy 23, 1971 File X1062, Page You are hereby notified that a public hearing will be held in the Cbuncil Chambers of the City Hall and Court House at St. Paul, Mftinesota at 10:00 a.m. on August 5, 1971 on the petition of Evelyn L. Rennedy and Fraak J. aad Dorothy M. Wohletz to rezone from an "A" Residence District to a "C" Residence District the property described as follows: The North 75 feet of Lot 27 and � Lot 43, e�ccept the South 50 feet, J. W. Bass Acre Lots. The property is located on the East side of Westminster between EasC Cottage and East Hyacinth Avenues. For further inforn►ation, contact the Planning Board, Room 1010 Cocaaerce Building or telephone 223-4151. To comply with the City Charter, the Department of Fiaance is charged with informing you of this public hearing. If you have any questions, it is recommended that you attend this public hearing to afford you the opportunity to make your views, both pro and con, known to the City Council. ROSALIE L. BUTLEIt Commissioner of Finance °� � � y j pBTITI�N l0g�N� . --^�-.._ M. _- I� A t{h�eati n plfav�dgp blea&�ed �P�aul Lee��tive Code s��e ��be am co aa to „ desciibed affi the � �and Lot 43:ex, t . :'-�` �Bass ` �. ,pi weatm �i:' .. ,�'• HYBCSt�l�1'-' i;f�u�$t� �_ .��N t e City H8$of: �and'8L r1�tffiiL and P1Afce, . 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' r � � ApPL�CANT F=�nk and Dordthy Won�etz LEGEND �- ' �J Rezone from "A" to "C" Residence �AArD ��c _ � , � � PURPOSE to construct multiple-unit dwellinga �`� G ' - ' O ONE-FA� � � �� PRESENT ZONING "A" Reeidence �- TWO-FA � � THREE- " � •• � - FOUR-F� ' U �ES . � PETlTION S16NERS L°t 2�' 9 of a poasible 13 (6�9'.) � . � _ j Lot 43: 20 of e pos�ible 23 (879'.) ? MULTI- � � ' � . . � Q, ; /� r .nCOMMEF , , % 30 . ; FILE � No. �iso ��Qa�rW - n n INDUSTE , , ! O r ' V VACANT , � . . � J ', St. Pqul Planninq Board, Date� 6/24/71 � PrOpert�l un ->---- - - -. ' -- -- - ,� �__� - _ . _ _ . �__, - -- - _ Y _ _ - . ..,,,�.�- _ ; ---1.....;,_1 . ,/ . �� Ist ' � � 2nd � Laid over to 3rd and app. ��—Adopted 9 Yeas Nays Yeas Nays Butler u<6+�er� Carlson �nrl Levine Levine Meredi+h ��53� eredifh Sprafka Sprafka � Tedesco Tedesco Mr. Presiden+ McCarty Mr. President McCarty O