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255117 � -t„� -- , _ - - �.,�.�,�u��K ' 2551.1'7 CITY OF ST. PAUL fIOENCIL NO. '' OFFICE OF THE CITY CLERK C R LUTIO -GENERAL FORM � PRFSENTED BY COMMISSIONE �►TF WHEREAS, Karl Dedolph, Jr. , has appealed, pursuant to the pertinent sections of the Zoning Code, for a variance relaxing the open or shed storage requirements of Zoning Code Section 60.05 (b) from 25y to 50/ with respect to the follow- ing described area: Lots 9, 10, ll, and 12, Block 13 of A. Vance Brown's Subdivision of Block 4 and East 1/2 of Block 13 of Brown, Stinson and Ramso� ' s Addition to St. Paul; and WHEREAS, public hearings on this matter were hadibefore th� Board of Zoning and the City Council; and WHEREAS, on the basis of evidence taken at said public hearings the City Council does specifically find; 1. That strict enforcement of Section 60.05 (b) would create practical difficulties � or peculiar hardship for appellant, � 2. That such practical difficulties or peculiar � hardship will not exist beyond a period of . � two years from the date of this resolution, � �' � 3. That granting the requested variance will do � a a substantial justice and will ensure that the Q � public health, safety, and general welfare be secured; �� COUNCILMEN Adopted by the Council 19— Yeas Nays Butler �aa Conway Approve� 19` Levine _�n Favor Meredith - Mayor Sprafka Tedesco A Sainst Mr. President, McCarty �� ., � ORIfINAL TO pTY CLBRK - 2551�►� - CITY OF ST. PAUL , COUNCIL ` . OFFICE OF THE CITY CLERK F��E NO. COUNCIL RESOLUTION-GENERAL FORM PRESENTED BY COM M I551 ON ER DATF 2 now, therefore, be it RESOLVED, that appellant Karl Dedolph, Jr. , be granted the requested variance relaxing the open and shed storage area requirements on the above described property from 25� to 50°� of the lot area. Said variance shall exist for a period of two years, beginning on the date of this resolution. The foregoing is subject to the condition that said appellant and his successors and assigns, otherwise, shall make due compli- ance with all applicable provisions of municipal ordinances, state statutes and rules and regulations of pubiic authorities having cognizance. �� 2 919T1 COUNCILMEN Adopted by the Council 19— Yeas Nays sutier A G 2 1971 �risms Conway rov 19` Levine . n Favor Sprafka J yor Ted Against _ � �UBUSHED AU�: ; � � Mr.�Yce resi �n ere t h �� , . � , � � BOARD OF ZONING, CITY OF ST. PAUL �� 1010 COMMERCE BUILDING • ST. PAUL,MINNESOTA 55101 • PHONE: 223-4151 May 25, 1971 � Mr. Harry E. Marshall e City Clerk ��- � Room 386 City Hall Dear Sir: �� This is written in response to the appeal f arl Dedolph, Jr, to permit open storage to the extent of 50% of the lot area, on property located on the west side of Duke Street between West Seventh and Grace Streets, and noted in detail by the legal description on file. This matter was heard at the May 6, 1971, Board of Zoning meeting, at which time the staff report was summarized by noting the specific request of the variance, the provis�on of the Code , and _.�-- the provision authorizing the variance. The staff noted that the amount of variance requested constitutes a 100% increase over the amount authorized without appeal. It was noted that the appellant asked for a two-year permit because of an easement held by the Highway Department on his property for two years. A letter from the Highway Department indicated that the easement was for the removal of a building and that since the building has been removed, the Highway Department is of the opinion that the temporary easement has terminated. The staff also acknowledged a letter from the West 7th NDP area PAC group which recommended denial of the appeal. The staff said that according to building inspector's records, a question had once been raised as to whether the existing use ` on that property was a use authorized in a Commercial District, and the staff had requested a clarification of that question from the ,Building Department. It was noted that Zoning Code Section 60.05 (a) indicates that building material storage is allowed in Commercial Districts if they are stored for sale for local building operations and that the question depends upon whether the material stored on this property is for sale. Mr. Terrance 0'Toole, attorney for the appellant, stated that the appellant has been at that location for about 9 years and that now he is asking permission to cover 50% of the lot with open storage for two years. He noted the date of the expiration of the easement is 1972, that no formal release has been granted and until one is, the appellant cannot obtain financing to clean up the area. He said that even if the easement were released, the appellant needs time to make a decision concerning future plans and for income tax reasons. Mr. 0'Too1e said that the Building Department had charged the appellant with lot coverage for storage in excess of 25%, that the case had gone to court, and was dismissed. Mr. 0'Toole stated that the material stored on the subject lot is for sale. � -1- t � b �� O Mr. Harry E. Marshall (continued) May 25, 1971 Several area residents appeared in opposition to the appeal. They said they are trying to upgrade their community but that the subject property is unsightly and a detriment to the neighborhood, and that mice infest the subject property. They insisted that the material on the subject property is definitely not fit for sale. One stated that the appellant has not owned the property for 9 years as claimed, and that the court case referred to was dismissed solely for lack of evidence. In considering this matter, the Board noted that re-sellable material can be stored in a Commercial District but only if it is for sale. It was also noted that the Highway Department indicated a formal release from the easement could be granted at any time. Subsequently, there was a motion to recommend approval subject to the condition that the permit run until June 1, 1972. The seconding motion noted that the appellant has been there for 9 years and should be given time to move out. The motion carried by a vote of 5-0. Very truly yours, ,, . , � , � � � , 1 . � , � , -�= :' ��_.._. •' ` �`��-1. �� v��X�i"J (�,1 � l ' PETER J. �iETTA Secretary, Board of Zoning PJM:gaf PLR z. F. �k7127 -2- , � klarry E. Mars6a11 ��T'' ��F� Albert e. Oison � C%ty Clerk and �`� �`�', Couneil Recorder , �ommisSioner of Reg�istration � ; ,zi•�•=��•. � i ��a` a :iyf hC OFFICE OF THE CITY CLERK CITY OF SAINT PAUL BUREAt! OF RIFGORDS S86 City/Hall St.Paul,Minnesota 5510� Feb. 16, 1971. Zoning Boaxd, Co�nerce Bldg. Gentle�en: The City Council reFerred to y�ou for recona�nendatian the attached zon3ng appeal of Kaxl Dedolph, Jr., fbr permit to use 50°,�, of the praperty at 771 W. 7th. St., and 309-11 Duke St., for apen equipment arid material storage. The d,escription of t�e praperty 3s a�� follaws: Lots 9, 10, 11, and 12, Block 13; A. Vance Bro�m's Subdvn. oP Block 4, and East 2 of Block 13 of Bro�m Stinson and Rams�y's Addition to St. Paul. Ve t ynurs �j�R�� City Clerk hP � ZON 1 N� FI LE ��2�.- �� e�� i� � G�� 9w� � k�1 �wo� FEB 17 1971 � � '�� Y-�`� „�°k� CiTY PLANNING BOARD. � S'� v� " a�' �a�, ��" $airrt Pa�i, Minnesnta � � y'JN ��(9 'u a�( �� x �Q Q�5 \ �y��'��,-C �± p � . • �� 30 '-� �-lL-?� � � � i�6 0 TERRANCE S. O'TOOLE ATTORNEY AT LAW COMMERCE BUILDING SAINT PAUL. MINNESOTA 55101 222-5539 February 12, 19'71 Z�N I NG ��LE '�..��. The Honorable Mayor and City Council c�o City Clerk Room 386 City Hall and Courthouse Saint Paul, Minnesota $$102 Gentlemen: a. The name ofthe Applicant is KARL DEDOLPH, JR. b . The telephone number is 22'7-8597. c. The Iega1 description of the property is as follows: Lots 9, 10, 11, and I2, Block 13;��,Vance Brownt s Subdivision of Block 4 and East 1/2 of Block 13 of Brown Stinson and Ramsey�s Addition to St . Paul. d, The street location is '7'71 West '7th Street and 309-11 Duke Street, Saint Paul, Minnesota. e. Present use of the property is for commercial purposes . � f. Proposed use of the property is for construction business . � g. To get a two year permit to use SOJ of the property for open equipment and material storage. h . The Highway Department has condemned part of this property and has tied up part of the Applicant � s business and has a two year easement over part of the property, and this makes it impossible for him to build any storage buildings until the two year easement runs out. i. Cite section of Ordinance appealing under : Legislative Code Chapter ��4 Section � C 3 Paragraph Yours very truly, `�'� f 1 �-Y��L,-r'✓G.Q- �, � �� Terrance S. O �Toole TSO:dk > r� n!�� R c�d c.�� t R ! A V�. ` c.M•w -- . 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'�` � `, .�, � !� �� `� � 6zS � � �� , � o � �1_ ,, _,..- ��=•.•. �.��..._ ��.c � JEFF�R SON AuE. ' � � + ..,... ;--. r..•- .�,�...i,...rw..,..,..,• ��,1.. . __ _ � ' _ / _�___� � � � ' , , , L,t�. <� ' � � i J� � � �� G� '� � ,/ �� O � � . . .� ; � o � -� 1 � � , ,� � � ,�o . . �� ,�� / ,� ,, Z� ♦ �' � ir n Jt �n !—r, .-. t �-- � / , ,:;i , APPLlC�NT Karl Dedolph, Jr. L��D p c Permit open storage to the extent LAN D UJ� 1- U��OJE of SO% of the lot area �O 0�;E-F/�t��ILY- PRESER!T ZONING Commercial' `�' T�`�!0-F�'aNiILY PETITION SIGNEf�S �� THREC-FAf�11LY FOUR- FAf�y;ILY � I�ULTI-F�,�v�ILY FILE (�o. 712� NoRT� , ��, n �COfV�f��C!(�L INDUST�(E�L v VACANT St. Paul Plo�ning E3oard, Date: 4/29/�1 �� Pro�aQr4y under eonsid�r�ti�n 1 • � �` MINUTES OF THE l'UBI.IC HIaARING B�EFORE THE BOARll OF ZONING on Thursday, P4ay 6, 1971, at 2:00 PoM. PRESENT: Mrs. Cochrane, Plessrsa Am�s, Benshoof, ricPartlin, and Maiettg of the Board; and rieasrs. Brown and Rosetter, and �irso Frant$en of the stsff. KARL DEDOLPH. JRo: An appeal to perenit open storage to the exteat of Sd'x of the lot area, on property located on the west side of Duke Street between West 7th and Grace Streets. Mr, Rosetter passed around pictures of the site to the Board, and sua�arized the staff report, a part of the file, stating that the appellant is requesting the City Council to grsnt a two-ve�r�ermit allowing him to cover 50% of the site with the open storage of building meterials. Chapter 6Q, Section e05, paragraph (b) of the Zoning Code allaws open storage of building u►aterials at the rear of the premises aot to exceeci 25% of that area. Chapter 60, Section .17 of the Zoning Code authorizes the granting of � varisnce from the Iimi�ations imposed by 60.05 (b)� The requested authorization of 50% coverage represents a lOd7, increase from the limitation. Mr, Rosetter noted that the Zetter of appeaL st�tes a two-year permit is requested because th� Highway Department has a two-year easement on the property. Ir� a letter from the Highway Department, they stated the easement was only for a building removale The letter says that one of the conditions in the condem�ation of this parcel was the right to enter upon the property for the purpose of removing or demolishin� buildings, �nd that right would cease upan such removal or demolition, or no l��er than June 26, 197?,. Mr. Roaetter read from the letter received from the Highway Department, and quoted that; "The State will releas� the building removal easement iu�nediately upon the completion of the demolition of the buildings and clea+n up work required under the terms of the wrecking contract in �ccordance to Che terms of the petition. The buildings were removed shottly after September 26, 1970, and clean-up work in the area has been completed. On this basis, we are of the opinion that Che temporary easement has terminated and the �rea covered by said easement is no longer under the control of the State. However, �f Mr. Dedolph so de�ires, the State will process a formal dismisssl of the bui:�ding xemoval easement", Mr� Rosetter said that is the extent of the inforn�ation the staff has on the easement on the land. A ietter �rom the PAC group indicated a reco�nendst�o�a of denial based on: 1) strong resentment froan the neighbors in that vicinf.�y, and Z) the fact that this proposal does not conform to the existing Land Use Plan under the Neighborhood lDevelopme�t Program. Mr, Rosetter noted the N�1� plans for R-II development fox this ,ites The staff was informed by a seni�r building inspector th.�t the validity of the use had been questioned at one timee Therefore, th� staff requested the Buildiag Department to provide informsti�n whether: L) the subject property used for the storage of materials is for a -6- KARL D�DOLP�, JR� (SI6/71) (Continued): construction �business; and 2) the use would be authorized fn a C�annercisl District. �ir. Ames presented a copy of the Zoning Code provision 64.05 (a� which indicates that building material stor�ge ia sllowed in Coiranercial DistricCs if they are atored for sale for local building operatinns. �lr. Rosetter said the questfon is whether the material stored on Chis property is for sale. Representing the appeilant was attorney Terrance 0'Toole, who noeed the appellant has been at this location for about 9 years. This is a former quarry, which he noted is a heavy industrfal use. �he propexty is preaently zoned Commercial and the appe�lant has opei•ated for 5-G years withvut any problems at all, Mr. 0'Toole noted that a house was moved into 526 Grace �treet; that awner died and it was purches�d by another party. He said tha� man organized all the neighborhood oppoaition, yet thaC man is rcrnning a plumbing supply business rfght oat of his residential home. r1r. 0'Toole explained tha� semi-track� go to that men'� hQme to unload supplics for this plumbing busiaess. Also, the �tate came along and made an easement on part of the prop�rty, and the State was supposed to give the appellant a formal release on the e�sement, but tha� has not occurred. Mr. 0'Toole said his client doesn't knaw� if he should bufld Anything on �h�� property, �nd is �ound by the St�te's e�s�me�t. 7tte request is for 50"/, coverage of the lot area for storage for a period o£ two yearse rlr. Ames explai�ed that would no� be possible unless the appeila�t is selZing the mar_erial; if i� isn'� for sale, the appeal cennot be heardo Mr. 0'Toole n�ted thae the Building Bepartment said thia wes not legalo A courC c�se determined �here had been �o violatiotl of the Lawe He said �is client merely wants to g�t �l�ng with everyone; he is � reapectable contractor. Mre 0'Toole pointed oue that the subject property abuts the Shor�-Line Railroad tr�ck�, and commented that he doesn't think much of a zoning planner that places "A" Residence property right next �o a rai�road tracke In reply to this, Mr, McPartlin said h� had s friend �hat had a singl�-family hrnue built next to a �ai�.ro�d track so that he would be able to hear the train's whisele: P4ro 0'Toole reiterated that his client had no trouble in the neighborhood until Mr. Stroklund moved in. Mr. 0'Toole said he doesn't think his clien� has over 25% o� the land cove�ed; until the Hi$hway �egartment re�eases th� easement, the appellant cannot obtain fi�ancing to clean up the areao Mr. Rosetter reiteraCed that in his conversation with the Hi��way Depsrtment, they indicated a release on the e�seme�t �ould be obtained when the appella�t made a f�rmal applicatian to do sao Upon a question by Mrso Cochrane �egarding whether �his variance would be �eeded if the easement is �ermL�sted, Mre 0'Too1� �sid the appellant needR time to �ke up his mind as to future glans, eCc. �s �ar as the State goe:�. Mro 0'Toole said one representative says one th�ng, while anvther says something qui�e differenta He noted that the date in the record of the condemnatiou is 1972a -7- , , . RARL DEDOLPH, JR, (5/6/71) (Continued): Mrs. Cochrane asked if it would be fair to grant the appellant one year after the release is finalized. The appellant, Msa DedoZph, seid he feels he needs the time requesCed becsuse of income tax reasona; he hae to go before the federal government to state his plans for the future, and to reappraise his texes at that timeo He feels he cannot coYne up wieh the answer by June, 1972. Mr. 0'Toole pointed ont that this is not a scenic area that people drive by; it is a dead-end street ehat lesds to this property. He said that people on the other side of the street don't have to go around this property. � Several neighborhood residents appeared in apposition to the appeal: Mrse Eleanor Reider, 322 Erie Street, pointc�a out that they �re trying to beautify their area; they sre investing a 1ot of money to fix up thefr own home. She said the only bad thing at the Stroklund residence is a barbed-wire fence. Upon a complaint by Mrs. Reider that mice are in the subjecC property, the appellant said �he Health Dep�rtmenC has checked his land many, many times and only find rabbits. Mrs, Reider retorted thaC she has seen the mice herself. N:r. John Reider, 322 Erie Street, wanted to find out what the limit on fence height is. Mr. Ames answered that the maximum is 6' 6" but that can be increased. Unless the materials stored are for sale, Mrs. Cochrane said it would lead the Board to be2ieve this would not be permitted in a Commercisl District. Mr, 0'Toole noted all the material is for sale< Several neighbora voiced their opinion that most of that m�terial is definitely not fit for salee Mr. Reider asked how high the maCerial should be from the ground; he said it sits directly on the ground and he was under the impression that it should be 6-8 inches o€f the ground, He noted there is � lot of stuff piled all over the ground. A resident fram Duke Street said her taxes doubled this yesr, and noted that nobody buys half-xoCten wood like ttae a�ppellant assures is for salee Marie Kimball, 323 Erie Street, said they have been doing their utmost to upgrade thezr property, and pointed out thst the subject property is an unsightly mess and a detr�ment to the neighboxhood. She said she doesn't want any more of that sort of th�ng in that iocality. Mrs4 Leone Stroklund, 526 Grace Street, said the appellant has not owned the property for 9 years as his attorney stat�d he heso He purch�sed it in 1965a She �oted they bought their pr�pe�ty in 1963 and said accordfng to Mr, 0'Toole, their home is "on the wrong side of the tr�cks"o She explained that Mro Dedolph had a �ease oca the sub3ect properCy with the � option to buya From pictures she took fre�m her hame, the propexty in question is a "pretty sad mess"� She com�ented that most of the people in opposition were raised in the area, but ahe and her husband chose to live thereo _g_ . , � KARL DEDOLPH. JR, (5/6/71) (Continued); When Mro 0'Toole asked riro Stroklund about his plumbing busineas, Mrs. Cochrane said that was out-of-order. Mss. Strokl�nd said she has "greened out" the area by planting trees, and submitted pictures to the Boarde Mr. Ames pointed out that it must be considered that a pereon can store re-sellable material in a CoTmnercial District, Mr. Maietta asked if, undet the NDP plan, the property could be condemned under eminent domain; and asked if the appellant can still operate as he is at present. Mr. Amea answered that he cannot have buildir�g mmterial stored except where such materials are for sale, up to 25�, and �he percentage can be increased by appeale Mr. O'Toole reiterated that by a court decision there was ao violatfon of the law. Upon the statement by Mrs, Cochrane that she feels the appellant must show that this is s retail business, Mr. 0'Toole said the charge of the Buildfng Department was that the coverage of the property was in excess of 25%e Mre Ro Je Stroklund, 526 Grace Street, said th�t in regard to the court case, it was dismissed solely for lacic of evidence on the City's parto Mro Maietta pointed out �hat the �ppellant has used the land for 9 years and only wants a two-year extension. Mrse Cochrane said that perhaps one year from the date of release from the easemeat woald be sufficiento Since the appellsat is usiag mpproximately 2/3 of the property now, Mr. Stroklund asked how a 501a increase was derived. Mro Ames said 50% of the lot area �s the affioua�t requ�sted. Mr, Stroklurnd pointed r�u� ti�t the appellant does not own all the property in the legal deacriptiona Mre McPartlin moved for approval of the appeal, under the condition that he be permitted to use the la�d unt�.l June 1, 1972. Ttiis is one-h�lf the tfine asked for in the appeald The motion was seconded by Mro Maietta, who noted the appell�nt has been �here for 9 yeara and should be given � sufffcie�t time to move oute The motion carri�d unanfmouslyo Submitted by: Paul L� 8osetter Rnbert Lo Ames, Chairman _9_ s�� . � ,a � � � � n,.s � �1 � e � � _ � . � � ♦��, ► � r � � ' � � � - � .�, � � ��' . ; � � � ;a � � � � �i- .I' t , , . � . 1� ' � � ;� . • , . Fe x9F � ' ;. . �. - _ ;� � M *�;; _- i " - Y t � j� . �. , �" � ! � r - ,v�- ��, � � � � /i _ � �- - ' � � �� ' ii�� aL_L i- �` � ' � � _ � �� / I — , � ��I�/! L/ ��r� ��/ �i�r/►- / / ` / r • � � / f1 .. � ,. ,� % .. _ � �/ i.I � � - - -I �/u�!�L ' • _ , /i_ Li �., , / � / E � � .I./f�"�L..i � • � - / ,1 � i ' - � / . �� . � � . �� r /� .. � �.__ , � � �_� ��, � il�._ . . .� � � ''/%/ :� — � `� � � // _ � " �� , , , � i j , �L .. __ //�� . .�_,. _ . ��,.�_ � � __ _ / � ,. �� ,/. _ . _ � (..i ��J�1L __ /. �r � � i/ � . � ' L�- - - - ' ` `' '' _ 1 IL� `r _ � '.�'. ,c� �c I 1� ��_'��..+_� . . / _,s;i �: r/ � �. _/ i=� '`'�✓��= �%�j' / L..d« � �.�,�_ �,�; ��/��/..:i/�"�' ,.��il�� - — , � � , � I �_rl� �ti _I ,�%.� _ � �.c �►/ r ; ,/_� - - � ,_ � r .//, ��,__- ,_ :�_ =- � ,�+ / � / / /> / � • ,�� _ �/ • L..tL. � , , �. ��a►(�.�`/ � � /,/ � I ( _. �L� _ . ��//�'�/ � / _� i�� 'J Area Cods 612 TY THOMAS J.STEARNS 223-5121 ��°1 °'"�, AR7HUR M. NELSON � % JEROME J.SE6AL � ' � -. �. THOMAS M. MOONEY ' ��'��e. a KENNETH J. FITZPATRICK dm ^c PAUL F. McCLOSKEY,JR. JOSEPH E. CARTWRI6HT CITY OF SAINT PAUL R.SCOTi DAVIES PIERRE N. REGNIER Ml3L—J-1EEktY DANIEL L. FICKER Ft.st�asi.saot LEGAL DEPARTMENT KENNETH A.SKRIEN 316 City Hall, St. Paal, Minnesota 55102 DANIEL A. KLAS Corporotion Counsal June 30, 1971 The Honorable Mayor and Members of the Council of the City of Saint Paul Re: Zoning Appeal of Karl Dedolph, Jr. 2'he Zoning appeal of Mr. Karl Dedolph, Jr. , concerning his request to be permitted to use 50 per cent of his property for the open storage of building materials, has been referred to this office for specific determination of the purpose of the appeal and clarification of applicable Zoning Code requirements. Mr. Dedolph is a Saint Paul based contractor and is currently occupying and using the following described property for con- struction business: Lots 9, 10, 11, and 12, Block 13 of A. Vance Brown, Subdivision of Block 4 and East half of Block 13 of Brown, Stinson and Ramsey' s Addition to St. Paul. The described property is presently zoned Commercial. Chapter 60, Section 60.05 (a), of the Zoning Code provides that no building or premises in a commercial district shall be used for: "Building material storage except where materials stored are for sale for local building operations. " Section 60.05 (b) of the Zoning Code provides, relative to commercial districts: "No premises shall be used wholly or in part for the storage of any material whatsoever except where such materials are stored in a building and where the O The Honorable Mayor and Members of Council 2 June 30, 1971 character of such building conforms with the general development of a commercial district, provided that 25% of the area of premises at the rear may be used for the open or shed storage of building material or fuel, except as provided in Section 60. 17. " Section 60.17 provides in part: "Where open . . . storage . . . L is� limited in area in a commercial district . . . the area limits of such space provided by this chapter may be waived or modified in the manner prescribed in Section 64.03, provided that such spaces are not detrimental to the character of adjoining properties, or provided that such spaces are enclosed wholly or in part by a building, a well-constructed fence or wall, . . . . " Section 64.03 (i) provides that the City Council may, after proper notice to all necessary parties and public hearing, and after considering the recommendation of the Board of Zoning: "Vary any provision of the Zoning Code in harmony with its general purpose and intent, where there are practical difficulties or peculiar hard- ships in the way of carrying out the strict letter of the provisions of this section, so that the public health, safety, and general welfare may be secured and substantial justice done, . . . ." Such a variance requires a Council resolution passed by majority vote. Mr. Dedolph has requested a variance permitting him to use 50 per cent of the described property for the open storage of equipment and material for two year�. The Board of Zoning heard Mr. Dedolph' s appeal and opposition thereto on May 6, 1971. Mr. Dedolph indicated he needed a two-year permit because the State Highway Department had taken a two-year easement on the property, lasting through June 26, 1972. Evidence was presented to the Board showing that the purpose of the easement had been fulfilled and as far as the State was The Honorable Mayor and Members of Council 3 June 30, 1971 concerned, the easement had terminated. T'he State agreed to process a formal dismissal of the easement if so requested. Mr. Dedolph also indicated that even if the State formally releases the easement, he will still need a two-year permit because of his federal income tax considerations. Aft�r taking further evidence, the Board determined that since Mr. Dedolph had been at the site for nine years, he should be given sufficient time to move out. �'he Board then granted the variance but limited its time of existence to one year rather than the two years requested. Mr. Dedolph' s appeal, along with the Board of Zoninq' s recom- mendation, will be considered by the Council on Friday, July 2, 1971. A variance is an exercise of the power of the governmental authority to grant relief, in a proper case, from the literal application of the terms of an ordinance. It is to be used where �trict application of the ordinance would cause substantial and unnecessary hardship to the property holder, peculiar to the property in question, without serving a warranted and corresponding benefit to the public interests. Arcadia Development Corp. v. City of Bloominqton, 267 Minn. 221, 226, 125 N.W. 2d 846. The granting of a variance is discretionary and the decision to grant or deny one cannot be reversed in the absence of a clear abuse of that discretion. State v. Gunderson, 198 Minn. 51, 268 N.W. 850, 851. City of St. Paul v. Chicago, St. P. , M. & 0. Ry. Co. , 413 F. 2d 762, 765, fn. 5. Such discretion, however, must generally be exercised pursuant to findings that: a) the property is uniquely circumstanced; b) hardship is caused by the strict application of the restrictions of the ordinance; c) the imposition of such hardship is not necessary for the preser- vation of the comprehensive plan of zoning of the community; and d) a variance can be granted with substantial justice to all persons concerned. In Gunderson, supra, the Minneapolis City Council was authorized to grant a variance "where practical difficulties or unnecessary hard- ships occur. " Z'he eourt held, in construing the quoted phrase, : "7."he city council within its sound discretion has the power to detenaine what particular cases fall within The Honorable Mayor and Members of Council 4 June 30, 1971 this category. Its decision thereon cannot be reversed in the absence of abuse of discretion. " 198 Minn. at 53. It should be noted that the phrases "practical difficulty" and "unnecessary hardship" have formed the basis of numerous litigated cases involving the grant or denial or a variance. �I'he terms are frequently used interchangeably and do overlap. One author has attempted to synthesize from the cases a general definition of "practical difficulty" and "unnecessary hardship. " Rathkopf, T'he Law of Zoning and Planning, Volume II, Chapter 45, page 13, defines "unnecessary hardship" : "Whatever the language used, the rule may be synthesized as b�ing that the extent of hardship which would justify the grant of a variance by a Board of Appeals is substantially equivalent to that which would warrant a court in declaring the ordinance confiscatory, unreasonable and uncon- stitutional in its application to the property involved if the matter were before the court in an action for a declaratory judgment or a proceeding in the nature of mandamu� to compel the issuance of a permit. " In attempting to define the criteria necessary before granting =elief for "practical difficulty" Rathkopf notes that the Council must consider: "1) Whether compliance with the strict letter of the restrictions governing area, set backs, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions un- necessarily burdensome. "2) Whether a grant of the variance applied for would do substantial justice to the applicant as well as to other property owners in the district, or whether a lesser re- laxation than that applied for would give substantial relief to the owner of the property involved and be more consistent with justice to other property owners. 1"he Honorable Mayor and Members of Council 5 June 30, 1971 "3) S�lhether relief can be granted in such fashion that the spirit of the osdinance will be observed and public safety and welfare secured. " II Rathkopf, Chapter 45, pp. 28-29. In considering these basic questions the Council should take into consideration the nature of the zone in which the property lies, the character of the immediate vicinity and the uses con- tained therein, whether, if the restriction upon the applicant' s property were removed, such removal would seriously affect the neighboring property and uses, and whether, if the restriction were not removed, it might tend to create hardship (unnecessary in the light of surroundi�g uses) to the owner in his pursuit of efforts to make normal improvenaents in the character of the use which is permitted and desirable in the zone in question. Obviously, each case must be decided on the basis of its particular facts. Such decision, however, should be made consistent with the general guidelines set out supra. Respectfully subanitted, ��'K'�-��/�4�� DANIEL A. KLAS Cor ation Co nsel � � R GE . MEYER As stant Corporation Counsel RWM:j a CITY OF SAINT PAUL MINNESOTA DEPARTMENT OF FINANCE 113 Court House 55102 May 14, 1971 City Clerk 386 City Hall File X1026, Page You are hereby notified that a public hearing will be held in the Council Chambers of the City Hall and Court House in the City of St. Paul at 10:00 a.m. on May 27, 1971 on the appeal of Kari Dedolph, Jr. to permit open storage to the extent of 50% of the lot area on the property described as follows: Lots 9, 10, 11 and 12, Block 13 of A. Vance Brown's Subdivision of Block 4 and East 1/2 of Block 13 of Brown Stinson and Ramsey's Addition to St. Paul. The property is located on the West side of Duke Street between West Seventh end Grace Streets. For further information, contact the Planning Board, Room IOlU Commerce Building or telephone 223-4151. To comply with the City Charter, the DepartmenC of Finance 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 vfews, both pro and con, known to the City Council. ROSALIE L. BUTLER Commissioner of Finance O --�--------___ ��,.� � �, �re i� ��a��h� .. hear ��-�" � II�'G ,ull�� d�. I � Pp�' �. B d, � $Io `'o[ I�{;� e�t I � �;. � � ��,�� ,..� I „��. . . 192i) x s I _`_'--- �� WEST SEVENTH STREET ASSOCIATION �tt, sT�EET for Neighborhood Development, lnc. ' � 606 West Seventh Street�St.Paul,Minnesota b5102 �Telephone 224-6481 . ' 26 May 1971 Mrs. Rosalie L. Butler Commissioner o� Finan�e : 113 Court Houae . St. Paul, Minnesota 55102 Dear Aqrs. Butler: Please be informed that our Associa�tion `does not support the appeal of Karl Dedolph, Jr. Por open storage on the property on�the West side of Duke Street between West 7th and Grace. We based our conclusion on two factors: l. The proposed use does not conform to the general I,and Use Plan of the Neighborhood Development Program, and, 2. Our blockworker discovered resident reaction in tl�t neighborhood wae very much opposed to open atorage on that property. Reasons basically centered aro�und the deplorable condition of Mr. Dedolph's property. � The Association did relay 3ts opposition to the Zoning Boaxd; but would appreciate your aseistance in bringing it before the Council I�y 27th. Thank you. Very trul.y yours, Richard W. Prokop, President „.,,.t.. _.._�.�.....�..._..e..,,_...._,.�,�......,---,...,-�..,.,.�.,,_,�,.,......._.,. .,._�_�,r .._.�._.�,,�.......•-. -,�. 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' . . " .. . r ,.�j r f r ��-^ ; �� , ��r? ;�:,,,..y� ! ��'1,,,',.,,, ,/�e i�r�� `� s r /' �� ✓ r� si ° �'"�� i^'u�,H"':� `! � �J � ��' .. ,� .l �. ` � ' � � ... ' T� r _ , ,•I e '�.�.- 4'.% I F� {� .�f "� 4' � :3r:'� ','' ` -— -� ' � �t, � / ��r� � ,l ;,1 � � G% r � I �. ; �.; . _ �, . f' ' i �� '✓ �, �� ; _. ��/ r �.� ' � �C'��_"`- �G�f .� �� (� 7. �..�� fi i F i .-.... .,�...y.-P :�: ,^ :i'r !/ ::`.. .^ ,,p " , ��, � �, f ;, , I/ �r� ,,�� ;;, '�` ,� 'r' t " f ='7 t '��f.s:��".LL��?'� _°�i�� `� °''��c„''�' .�Y?y� �! r `-'t f,�/ 6��.�L — - l/ FRED C. NORTON ComMirTEES: D�STRICT 46A � � " APPROPRIATIONS RAMSEY GOUNTY EDUCATION DIVISION 701 FAIRMOUNT AVENUE �` COMPUTER UTILIZATION SUBCOMMITTEE ST. PAUL, MINNESOTA 55104 � SEMI-STATE ACTIVITIES SUBCOMMITTEE '- ENVIRONMENTAL PRESERVATION :� _... "� � - .�_�� :�_ . � -��' GOVERNMENTAL OPERATIONS :._, -. ' _�__ ..-. ,...-...- '•- �_-___ � � - INSURANCE JUDICIARY ��a�e o�.�Circn es o�a HOUSE OF REPRESENTATIVES AUBREY W. DIRLAM, Speaker June 17, 1971 The Honorable Charles McCarty Mayor, City of St. Paul City Hall St. Paul, Minnesota Dear Mayor McCarty: Re: Dedolph Variance A legislative hearing prevents me from attending the hearing today before the Council of the above entitled matter. As I understand this matter, Mr. Dedolph is storing materials on his lots on Grace and Duke Streets in excess of that allowed by ordinance. I urge you and other members of the Council to reject any special consideration for Mr. Dedolph at the expense of the neighbors and the West Seventh Street Association' s concern for their neighborhood. I have been informed that the Minnesota Highway Department has released any work easements it had for the construction of the short line overpass. There no longer exists special circumstances to justify the delay of Mr. Dedolph in meeting ordinance requirements on these grounds. This is a residential neighborhood, even more so now than before the overpass. Commercially zoned neighbors, such as Mr. Dedolph, must be restricted to what the law allows. There is no reason to make any exceptions in this case. Please do not grant any variance of the ordinance in this case. Sincerely, � F ed C. Norton State Representative � :kb _ �f.;_�. _ � � `� , �v'�-- �%' �, � � 4::�5�u ... - 1 c�iT 'l j�-t•'6`'�/�:r. ..� �f.. �.. 7 ,.. S i. ., r ,. ; _ , ry_. _ y^1 Y�! +5',,. ,� : . '1 B'�_i �.��i.�."c l��.iJiai u a Cdi�,exi.3 j lt'Jt 1'r'sal�s..n t)a �,F�l..�.� .�:.�. .�.S..e.¢a t:��d:.., d � +,,9 .:r e k �..i .e..t u.i:�LJ.d.;�.�d�A� X LL iJm�"�.�sl�.3 1 4,.�i'Y 1J CJ ia�:s �a'a'� �:.6.4.-�'S.'fv 4� �4'i.Ls1a.�5.i:d,� d,�+Li� iti lJ� �.a�d i'14,a d,.+�.6 � a.bs A ,,.r P 1� iy4/^ i, i� rvr,};�,i e,� �� ?'$';5 _yF ia °a,»��,�,� "i.�r •��(� y�°s-.s y,^; -s o t�f`��: E :_ � . .i y'�.>:.7 �6i��`+�°1d.i .l.V .��'lgdl.dVi& �'�Ju.' Aa9.L� � a��3 d IMf.V Lt.r.b.l...�. Vb�tr �S I:Yi§ A.BiLtl.�.d" �..� �.:i�m .. a « . i"a.'ti..}�..'� 1L..�,.�.e�lid:a�d`I�. 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' � ! -_,'. �.-c_ � -� r � , , . d � R f-'' . , � �` 9, 1} /� (J� �/.'� ,f / / / ' �` r r ( �'4+'� � , s*' �2G't°�'%'�• •°'"'�� a�r��!r ,'%I„ j.�:r. ,L'�- `-'C %j:.(�G��,.�.� 4\ %",f� 1:� �,. a L--�1,,"�.atl G ! E,('; .....� � . ,\. . BOARD OF ZONING REPORT AND ACTION May 6, 1971 � , - Plat Map ��7 ' Acting under Legisletive Code Chapter 60 thru 64 passed August 22, 1922, a� a�ended tv Jattw ry 27, 1971. �12� � - �+l':'LICAPJ"Ca5 NA"�li: . Karl Dedolph, Jr. , :L��SSTL'ICATI')N ; �.�..�I Amendment �.I Appeal ❑ Permit �Other X-1026 ;, �:,��,p;�aF e Permit open storage to the extent J of 50% of the lot area 4 � C,�CATI�N e West side of Duke Street between West 7th and Grace Streets 5 . ;,L'i�Ai, D��CRIA'I'TO;J ; Lots 9-12, Block 13 of A. Vance Brown's Subdivision of Block 4 and east 1/2 of Block 13 of Brown, Stinson and Ramaey's Addition to St. Paul �� Pi2E5i;;JT �OtJIN�� Commercial "% . PUitSUA*1T 1�� Zening Code Chapter: 64 Section: .03 F'arat�raph: i 60 .17 �+ , S'I'AF"F lNVESTICATION � REPORT: Dites 4/29/71 i3ys PLR A. HISTORY: There is no zoning ection history for this site. There is a history of complaints associated with this parcel and an Ordinance Violation Ticket was once issued by the Zoning Administrator's office. B. PROPOSAL: The appellant is requesting the City Council to grant a two-year permit allowing the applicant to cover 509', of the site with the open storage of building materials. C. PRESENT STANDARD: Chapter 60, Section .05, paragraph (b) of the Zoning Code allows open storage of building materiels at the rear of the premises not to exceed 25% of that area. '—� " D. VARIANCE: Chapter 60, SecCion .17 of the Zoning Code authorizes the granting of a variance from the limitations imposed by 60.05 (b). The requested authorization of 50% coverage represents a 100% increase from the limitation. E. AREA ZONING: This property and the area edjacent to West 7th Street are zoned Commercial. North and west of the site, the zoning is "B" Residence. �F. C�IPREHENSIVE PLAN: The Comprehensive Plan calls for Commercial development at this site. .-- G. NDP PLAN: The Neighborhood Development Plan calls for Residential II development for this site. H. SITE CONDITIONS: The aite ie completely fenced with a 7-foot high, chain-link and barbed-wire fence. It is occupied by a emall building, has scattered storage piles on the ground and several large trees. I. AREA CONDITIONS: The frontage along Duke Street facas the embankment of the recently-constructed overpasa on West 7th Street. Duke Street dead ends at the embankment. Four older residences in good condition adjoin this property on the west. The rear yards of these reaidences are separated from the open storage by the chain-link fence. 9. BOARD ACTION: To Reconoend � Approval � Denial Council Letter .' Dated: Moved by : McPartlin YeBg NaYs 5/25/71 x Ames - Ch. Date of Seconded by: Maiette x Cochrane Hearing: x McPartlin 5/27/71 Secretary's remarka: x Maietta 1/2 of request granted: one year Manaur Council Action: permit starting June 1, 1971. x Benshoof Dooley Date: Prifrel May 27, 1971 Zoning Board Commerce IIldg. St. Paul Gentlemen: The City Council today, at the requee�t oP the appellant's attorney, laid over to June 17th the matter of the appeal of Kar1 Dedolph, Jr. to permit open stara�� to the extent of 50�0 of the lot area on property on the west side of Duke St. between W. ��:venth and Grace Sts. Very truly youre� City C7.erk n�