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03-395Presented By Referred To � R � �� NA L Council File # O� Green Sheet #'et� S rl P' RESOLUTION CITY OF SAINT PAUL, MINNESOTA ! a Committee: Date 2 WHEREAS, on or about October 11, 2002, Godmare Construction, 558 Oak Creek 3 Drive South, Vadnais Heights, Minnesota 55127 made application to the Heritage Preservarion 4 Commission (hereinafter the "HPC") pursuant to the provisions of the Saint Paul Legislative 5 Code for a building pernut to remove the garage roof and install a second story to the existing 6 one story gazage at 1575 Surruxrit Avenue, which is located in the Smnmit Avenue West Historic 7 District; and 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 WHEREAS, the Commission duly scheduled a public hearing on the application for November 22, 2002, after having provided notice to affected property owners. At the close of the public hearing, the Commission moved to lay over the application to December 5, 2002, based upon the discussion at the public hearing, the public testimony and the findings in the staff report; and WHEREAS, on December 5, 2002, the matter of the said application was reconsidered at a public hearing, and upon the close of the public hearing, the Commission moved to deny the pernut request based upon all the testimony and records before it including the findings and conclusions set forth in the HPC staff report dated November 14, 2002, which was updated on December 5, 2002, and which are incorporated herein by reference; and WHEREAS, pursuant to the provisions of Legislative Code § 73.06, David D. Dorris on or about December 11, 2002, filed a document entitled "notice of intent to appeal to city council" the decision of the said Commission; and WHEREAS, pursuant to L.egislative Code § 73.06, and upon notice to affected parties a public hearing was duly scheduled before the City Council on January 8, 2003; and WF3EREAS, the January 8, 2003, public hearing was laid over to January 22, 2003 because the appellant and the said Commission were engaged in on going discussions concerning the underlying approvals; and WHEREAS, on January 22, 2003, a public hearing on the appeal was duly conducted where all persons interested were given an opportunity to be heard and, at the close of the hearing, a decision on the matter was laid was laid over to February 12, 2003 while the matter was referred back to the said Commission for further work; and WHEREAS, on February 12, 2003, discussion on a decision was laid over to February 19, 2003;and ORlGINAL o3.3�5 WHEREAS, on February 19, 2003, discussion on a decision was laid over to February 26, 2003; and 5 WHEREAS, on February 26, 2003, it was reported that the appellant David Dorris had 6 submitted a letter to council member Benanav in which the appellant stated that an"amicable 7 resolution" had been reached with the City and that, accordingiy, the appellants desired to 8 withdraw their appeal in this matter; NOW, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 T`HEREFORE, BE TT RESOLVED, that upon the letter of the appellants dated February 19, 2003, in which the appellants state that they desire to have their appeal withdrawn, a copy of which is attached hereto and incorporated herein by reference, the Council of the City of Saint Paul accapts the appellants request that their appeal be withdrawn; and, be it FURTHER RESOLVED, that the appeal in this matter of a decision of the HPC dated December 5, 2002 is hereby withdrawn from further consideration by the Council based upon the request of the appellants; and, be it FINALI,Y RESOLVED, that the city clerk shall mail a copy of this resolution to the Heritage Preservation Commission, the Planning Commission and the appellant(s). Requested by Department of: By: Form Appxo ed by City Attorney �: .� L✓j�qnn�--• �-ll-03 AdopCion by Council Secretasy by Mayor £or Submission to Cotmcil BY: Approved by yo : Date � �'= � Adopted by Council: Date � a.3 � C'�t�,'3 27-2003 10�39 STP CITY 651 266 8574 p.02i02 .��b-v� �� 9 0� -sgs Februazy 29, 24�3 St. Paul City Council 310 City Hall 15 W. Kellogg Boulevazd St. Paui, MN SS1Q2 Attn: Mr. Jay Benanav, Councilmember RE: David Dorris' Appeal to the Council to overium H_P.0 's persnit denial For work done to Carriage House renovation @ 1575 Summit Avenue Mr. Benanav: Since the Heritage Preservation Commission (H.P.C.) and I, the applicant, were abie to reach an amieabte resolution Co the aforementioned renovation project, I am withdrawing my appeai request to tfie St. Paul Ciry Council. At the Feb. 13'" Public HearinglDesign Review portion of the H.P.C.'s Business Meeting, the H.P.C, approved my original plan, including the 3 cosmetic changes recommended in the inforntat meeting in your office on January 6 2003. Thanl: you, Jay and Jane, for your support and assistanee in this endeavor! Sincerely, G ��� � �J�- � David Donis (& Pamily) �rn_-,.� -,.�,.,-, ..._ ._ TOTpL P_�l9 " �' CityAtforney ' 266-8710 TOTAL # OF SIGNATURE PAGES �,��,,,,w� C�1. 4/16/03 GREEN SHEET No 20057$ ■ u �...,�� � �„�. _ � ❑ �.n�„ ❑ m.«� ❑�.�� ❑,.�.,�.�,�,,,�,a ❑ WYOI!(ORA89E�AII1) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) � Memorializing City Council action taken February 26, 2003, granting the request of David Dorris, to withdraw his appeal to a decision of the Heritage Preservarion Commission denying a building permit to convert an auto garage to a residence at 1575 Simunit Avenue (Summit Avenue West Historic Dish PLANNING CAMMISSION CIB COMMIITEE CIVIL SERVICE COMMISSION AMOUNT OF TRANSACTION S RSONALSERVICE CONiRACiS MUSTANSWERTHE FOLLOWING QUES7ION5: Fias this persoM�m ever �wrked und�r a contract tor this departmeM? YES NO Has �hin pereoMrm ever been a cily empbyee7 VES NO Dces ihis persoNfirm poasess a sldll not normairypossessed by any wrteM city empbyee? YES NO Is Mis persoNfirm a tarpetetl vendq? YES NO COST/REVENUE BUDtiETm (CIRCLE OliE) ACiMTY NUMBER INFORMATON (IXPWt� YES NO CIT'Y OF SAINT PAUL Rar�dy C. Kelly, Mayor April l l, 2003 OFFICE OF THE CITY ATTORNEY Manue[J.Cervaniu,CiryAttorney O4.'��! N d CiviLDivisian 400 Ciry Ha11 Te[ephone: 657 2668770 lSWestKelloggBlvd. Facsimile:651298-5619 Saint Paul, Minnuota 55l02 Hand Delivered 9r"b\L:+'a'�� 1`�.+".•u�'alari� L 'c°:".`�3 Nancy Anderson Council Secretary s ;� ���3 310 City Hall " 15 W est Kellogg Blvd. St. Paul, MN 55102 Re: Resolution memorializing the decision of the City Council to withdraw an appeal by Dauid Dorris from a decision of the Heritage Preservation Commission dated December 5, 2002. City Council Action Date: February 26, 2003 Deaz Nancy: Attached please find the signed original Resolution memorializing the City Council's decision to withdraw an appeal by David Dorris from a decision of the HPC regarding property located at 1575 Suminit Avenue. At the request of Mr. Dorris, the matter has been withdrawn from any fiu consideration by the City Council. Would you please place this Resolution on the Council's consent agenda at your earliest convenience. Please also note that attached to the Resolution is a copy of a letter dated February 19, 2003, from Mr. Dorris to Councilmember Benanav in which Mr. Dorris indicates his desire to no longer pursue an appeal before the City Council. If you have any questions, please do not hesitate to contact me. Very truly yours, � �v� Peter W. Warner Assistant City Attorney PWW/rmb Enclosure