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254178 ORI�'.INAL TO CITY CLBRK ��8 CITY OF ST. PAUL couNCi� NO. ' OFFICE OF THE CITY CLERK FILE ,� �COU L RESOLUTI —GENERAL FORM PRESENTED BY ' COMMISSIONE �� ATF RESOLVED, That Sharon Boecker be and hereby is permitted to eonstruct an addition to a legal non-conforming building on property located on the southwest corner of South Cleveland and Palace Avenues, and legally described as: Lot 1, Block 2, G. G. Whitney's Riverton Place; subject to the condition that said applicant-permittee, and her successors and assigns, shall make due compliance with all applicable provisions of municipal ordinances, state statutes and rules and regulations of public authorities having cognizance. --�---.•.--�- �� . . �,---=` A A�ice iaq�tivex�f7sat a pub- 7�e'hesrinr held .betore the NCity Cmmc�Z at 0 A ma ffiay 7, 1971, � fp ihe City C�Chssabar in tiMe � C1�?'Iiril�uid COUrt,t#a'u�e.1a the Ynat- O �ter o!�3he avDe�ai eY 13Y►aron Boecker, Uuts �0''1�0 8� Yuclrmi#re :�t. ' C �� e ��wdd�'Le7�,� �1� �-�� w � ,ii.W�t ��3�P1e e o�� > 1` � � a��t� �� ai 5. rCler$- � ��S. s*, Zf31. Q U �` Y � . �� ... � ' V� I' � Q �Ya� �97� COUNCILMEN Adopted by the Counci� 19— Yeas Nays Butler �NIAY � 1 1�� Caxlson ed 19� Levine �n Favor Meredith - Sprafka or .�Against Tedesco Mr. President, McCarty P�� -�:�� , �•� MAY $ 91971 � l ' BOARD OF ZONING, CITY OF ST. PAUL f 1010 COMMERCE BUILDING • ST. PAUL,MINNESOTA 55101 • PHONE: 223-4151 May 4, 1971 Mr. Harry E. Marshall City Clerk Room 386 City Hall Dear Sir: This is written in response to the appeal of Sharon Boecker for permission to add to a legal non-conforming building, property located on the southwest corner of South Cleveland and Palace Avenues. This property is further described as: Lot l, Block 2, G. G. Whitney's Riverton Place. This matter was heard at the April 15, 1971, Board of Zoning meeting, at which time the staff reported that the Building Department determined that an appeal is required for the appellant's proposed remodeling. The staff report included a description of the frontage and area of the lot, and of the existing structure and its proposed addition. The staff said that the building was built in 1921 and an extension of use was granted in 1938. The staff noted that the Zoning Code section which allows this appeal apparently limits such extension to 50% of the value of the building. The submitted plan approaches the point where one must ask if this represents 50% of the value, the staff said. The staff suggested that if the Board recommends approval, it should be on the condition that it falls within the limits of the Zoning Code. The staff also acknowledged receipt of one letter in opposition. The appellant explained that she wants to add to the building in order to live there. In discussing this matter, the Board considered the dimensions of the lot and of the proposed addition, and of the building's location on the lot. It was questioned whether the Board could act on this appeal because of the value limitation posed by the Code, but it was also stated that the Council should make the final determination on that issue. Subsequently, the Board heard a motion to recommend approval. The motion was seconded and passed by a vote of 5-0. Very uly yours, PETER J. MAIETT Secretary, Boa of Zoni g PJM:gaf PLR �Ll,,� �`%� O �q�� ` � Z. F. �k7134 � c1 � , F[arry� E. Manhali �"'`' �.. Albert 6.Olson ', City Clerk and � �� J'� Council Recorder �ommissioner of Repiatration �� > _-�-Y:i y 6� '\ OFFICE OF THE CITY CLERK CITY OF SAINT PAUL BUREAU OF RECORDS �8B City Hall St.Paul,Minnesota b610� �. 3, 1971. Zoning Boaxd Co�nerce Bldg. St. Paul Gentlemen: The City Council referred to you for reco�endation the attached zonin� appeal of Sharon Boecker� 268 So. Cleveland' for permi�sion to construct an addition to a non-conforming commercial building, with residential space in the rear� said addition to be for residential purposes� on property described as Lot 1� Block 2� G. G. Whitney's Riverton Place� on the west side of Cleveland between James and Palace Aves. V truly yours� �� City erk � ng ; Z�IV�I�1�i F�{�� ` i �� ,� ;. � .� U� � i� �� L �� • -SS 5° . .. �]., ,, ,tJ''T \` �4'Iri;', i. _' IJ�� "��v, �.t'�� h � �° � `r� � (� Ci 1�Y �=L;�:v��;�� S�:��tD Sain �.-, ��..�;....,�•.,,�r� rb`� � Q . � 5� � �� 'P� BOARD OF ZONING REPORT AND ACTION April 15, 1971 Plat Map �� 18 ' , Acting under Legislative Code Chapter 60 thru 64 passed August 22, 1922, as amended to January 27, 1971. File No. 7134 1� APPLICANT'S NAME : Sharon Boecker 351 ( ot Also a tached) 2. CLASSIFICATION : D Amendment � Appeal � Permit � Other X-1027 3. PURPOSE , Permission to add to a legal non-conforming building 4 . LOCATION Southwest corner of South Cleveland and Palace Avenues 5. LEGAL DESCRIPTION: Lot 1, Block 2, G. G. Whitney's Riverton Place 6. PRESENT ZONING . "C" Residence 1. I'UItSUANT TO Zoning Code Chepter: 64 Section: •03 Paragraph: h 8. STAFF INVESTIGATION AND REPORT: Date: 4/9/71 gy; ATB A. ZONING ADMINISTRATOR: The Building Department informed the applicant that an appeal is required for the applicant's proposal. B. HISTORY: An extension of non-conforming use was granted in 1938 for this site to allow remodeling of and extension of the then existing structure not to exceed 10 feet south of its then existing south line and to allow the extension of the then existing commercial use into that addition. C. SITE CONDITIONS: The site consists of one platted lot with a frontage of 40 feet on Palace Avenue and 126.5 feet along Cleveland Avenue with an area of 5,060 square feet. A small commercial type building fronts on Cleveland Avenue and adjoins the alley. The front of the building is occupied by a beauty shop with residential rooms to the rear. Yard area extends north from the str«cture to Palace Avenue. D. PURPOSE OF APPEAL: The letter of appeal requests permission to construct an addition to the building, adding two bedrooms to the residential area of the structure. The appellant 's letter states that plans for the addition have not been drawn. E. NEED FOR APPEAL: Non-conforming buildings or uses are regulated by Section 60.09, Use District Limitations and Exceptions, which is apparently interpreted as no structural alterations may be made except as provided in this Chapter. Section 60.17_ appears to allow an exception within certain limits . Such exception must be appealed according to the provisions of Section 64.03 (b) . F. AREA 7_ONING: The frontage along the west side of Cleveland Avenue to the south is zoned "B" Residence. The 4 corners of Randolph and Cleveland Avenues are zoned Commercial. The surrounding area is zoned "A" Residence. G. AREA CONDITIONS : Non-conforming uses exist on the property north across Palace Avenue and on the property adjacent to the south. The predominant development in the are�� is single-family. 9. BOARD ACTION: To Recammend a Approva� � Denial Council Letter Dated: Moved by : McPartlin Yeas Nays S/4/71 x Ames - Ch. Date of Seconded by: Mrs. Cochrane x Cochrane Hearing: x McPartlin 5/7/71 Secretary's remarks: x Maietta Mansur Council Action: x Benshoof Dooley Date: Prifrel , � .,, � � � � _._� -� , I i , � � , ;� , �' o 0 0 0 0 0 0 0 0 0 0 0 0 0 0�0 0 00 0'0' d�o 'o o�o!o'o o �-- ' � JULIL�'T AVE . ��O�,O O�O O O�O O O O O O O O O � � O�O O O O� O (� � ;O O,O �J U�C� ��; � O ' � � � i , � � , 0 � � i � i i- i � j i � � � �� , � � � I � '� o b oc oo ��o o , ;o 00o F � oo � o�co' o 0 0�� o q � p o�o� P�� A�� AVE . , � � � oo�o'o� ooc� b ;000000 0 $ o o;o'o'oo! a ; o b ,00 o ;� � j I � I ' J ; � ' � ' � I � I � � � � _�� l;_ 1- I-- �-� •, r• I t' E �• I � � � � ' � , , , � � , �y ; � � oo'oo�o 000000ao 000 � �a o�o; o � o �o�oo �00000 = o�;o . � ; Q'JgNIES A V E . � ' W 00000z o c� b � ;0000000o c� oia ��,�o�oo!o b oo�,000z oo;� Z ; i � i � � � ' � i W � �- .. ,. � � � � ' I . ,,, �� T� I t Y -�= . � �1 �, • � �; � � � i ��o 0 0 � o c� � o �� , �i � . +. 'o� q o� d Q o�o;o,00�o o�o � . �r �„ , ; / '�- - — — — —A .—N+�7�qc��c ------- — — --- � � i O ¢ I O � ¢ O O O ¢;O ¢ �� b � � � CoMM�RC�A� • � � F , E C I �� I �.. � � � r. � � i � r � w � �r � i i I a �� ) O d �� 000000000 O +O -�p- ✓v�vo A V E . � ' N i �� I� 0 � � � � � � 0 0 � — L. __ APPLIC��'T Sharon Boecker ��(� Permission to add to a legal �^ PURPOSE non-conforming building L��lD U.J `� � ONE-FAP��iILY PRESE(dT ZONIMG "�" xes�dence -Q- TV'JO-Fi�if�:�lLY � THREE- E=�=��ILY PET{TON SIG�IL�S -�7- FOU(�-F�1��^!LY TQ fe�l1L'�'!°6=,;.:�.��!(_Y FILE No 7134 O e n COi�iC��:�=;C;!��L NoRYK n n I(��6D'JSTiif�L u V�aCA�J`� St. Pau I �'lanning Board, Date� 4/a/�i j .� � Property Undcr Co�sid�ration MINUTES OF THE P'[TBZIC HEARIldG BEFORE TH� BQARD OF ZOTIING on Thuraday, April 15, 1971, at 2:00 P,Mo PRBSENT: Mrs. Cochrane, Messrae Ames, Benahoof, McPartlin, and Maietta of the Board; and �iesars. Brown and Rosetter, and Mra, Frantzen of the staff. SAARUN BOECKER: An appeal for permiasion to add to a legal non-conforn►ing buildiag on property Located on the southwest corner of South Cleveland and Palace Avenuese Mro Roaetter sus�arized the ataff report, a part o€ the file, stating that the Building Department informed the appellant that an appeal is required for this proposalo The aite consists of one platted lot with a frontage of 40 feet on Palace Avenue and 126.5 feet along South Cleveland Avenue, with an ares of 5,Q60 square feet. A smsll com�ercial-type building fronts on South Cleveland Avenue and adjoins the alley. The front of the building is occupied by a besuty shop with residential rooms to the rear. The building was built in 19?_1. The yard area extenda north from the structure to Palace Avenue. An extension of non-conforming use was granted in 1935 for this site to allow remodelin� of and �xtensian of the then-existing atructur� not to exceed LO feet south of ita then-existing south line and to ellow the exteasion of the then-existing commercial use into that additione He presented pictures of the aite to the BoBrd. Mr. Ames said that the appellant had talked to him on this matter; she wants to add two bedrooins. She would not be expanding the beauty ahop facility at sll, Mre Ames said he recaaenended that she file an appeal to add these living quarterso In response to a question of Mr. McPartlin regarding sideyard requirements, Mr, Rosetter said ehe building is at �he rear of the lot, and the side of the buildfng would face the froat of the lot. A plan of the addition was submitted to the staff. He noted there has been same questioa about the need for appeale Non-conformiag buildings or uses are regal�ted by Section 60v09, Use District Liffiitations and Exceptions, which is apparently interpreted to mean that no structural alterationa may be made except as provided in thia Chapter, Section 60.12 appears to allow an exception within certain limits. Such exception must be appealed according to the provisions of Section 64°03 (b), Mr, Rosetter pointed out that that Section (60e12) limits the variance to 50°,6 of the value of the huilding. The plan, as submitted, approachea the poiat where one �st ask if this repreaenCs 50� of the valuee The appellant, Sharon Boecker, explsined that she zents out the back now, but would lilte to make an addition so that she can live there with her children instead. _21.. SHARON BOECKER (4/15/71) (Continued); Mrs. Cochrane asked what the frontage along Palace Avenue would be if this addition is built. Mr, Rosetter answered that the frontage would be 49 feet, and the depth would be 126.5 feet, There would be about an 80-foot building frontage on Clevelaad Avenue. Mr, Rosetter caished to clarify that the present zon�ng was liated on the printed staff report as both "A" and "C" Residence, but that the proper classification is "C" Residence. He noted in favor of the appeal that the City Council has the power to allow this addition when it would not be inconsistent with the health, safetq, and welfare of the public, and he noted this is a small residential addition rather than an extension of the comnercial use on the site. Against the appeal it could be said that the intent of the Code ia to phase out non-conforming buildings and usea. Also, the value of the building has not been shown. Mr, Roseteer noted that a letter in opposition was received by the staff. Mr, Maietta said this couldn't be expanded for comtaercial purposes because it is zoned "C" Residence, not Cowmercisl. Because of the stipulation of the value of the property, Mr. Benshoof commented that perhaps the Zoning Board cannot act on this appeala Mro McPartlin said this aspect shouldn't concern the Board; it is up to the Board to make a recoa�endation to the City Council, and it is their decisioa whether this should be granted. Mra Rosetter said that if the Board moves for approvap of Chis appeal, it should be with the condition that ft be within the limita of the Zoning Codeo Ir� a "C" Residence District, Mro Ames noted that a multiple-family building is �llowed to have 25% uaed for coQmnercial purposes, Mr, McPartlia moved for approvat of the appealo The motion was seconded by Mrso Cochrane, and carried unaniiaously. Submitted by: Paul La Rosetter Robert L, Ames, Chairman -22- n • City Clerk CITY OF SAINT PAUL MINNESOTA DEPARTMENT OF FINANCE 113 Court House 55102 April 23, I971 File X1027, Page You are hereby notified thaC a public hearing will be held in the Council Chambess of the City Hall and Court �louse in the City of St. Paul at 10:00 a.m. on May 7, 1971 oa the appeal of Sheron Bcecker for permissioa to add to a legal non-conformiag building oa the property describe@ as follows: Lot 1, Block 2, G. G. Nhitney's Riverton Place. The property is located oa the Southwese corner of South Clevelsad and Palace Avenues. For further information, contact the Planaing Board, Rooai 1010 Commerce Buildiag or telephone 223-4151. To canply with the City Charter, the Department of Fineace is charged wieh informing you of this public heariag. � If you have sny questioas, it is recon�nended that qou attend thia public hearing to afford you the opportuaity Co make your vieWS, both pro and con, known to the City Council. 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