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03-606.O�IC�i(�IAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # �3 ��n sh�t# t i 38a /� Presented By Referred To Committee: Date 1 2 WHEREAS, Martin Wolf and Mary Ryan, in zoning file no. 03-248656, made 3 application to the Boazd of Zoning Appeals (hereinafter "the Boazd") for a variance from the 4 strict applications from the Saint Paul Zoning Code for property located at 1280 Keston Street 5 and legally described as: St. Anthony Park North Ex Sely 5.98 Ft Of Nely 41.3 Ft Of Swly 63.8 6 Ft Lot 20 Blk 38; and 10 11 12 13 14 15 16 WHEREAS, the purpose of the application was to vary the side yazd setback in order to build a 3.5 x 10 ft. addition to the east side of the house; and WHEREAS, the Board conducted a public hearing on February 10, 2003, after having provided notice to the affected property owners, and the Board, by its Resolution No. 03-248656 granted the variance application based upon the following findings and conclusions: The property in question can be put to a reasonable use under the strict provisions of the code. 17 18 The proposed remodeling of the house will include an enlazgement of the existing 19 single-car garage, relocating the front entry and adding a new porch on the front of 20 the house. 21 22 Along with these changes, the interior of the house will also be renovated. The 23 current si@e entry serves as a landing for the interior stairs anc3 does not provide 24 sufficient room to maneuver and does not meet current building code standards. 25 In order to resolve this problem, the applicant is proposing a small addition to the 26 side of the house which would allow the door to be relocated and the landing to be 27 expanded to meet code. The proposed 3.5 foot addition would meet the required 28 setback from the original platted lot line but the line was moved to accommodate 29 an encroachment by the neighboring house. 30 31 32 33 34 35 36 37 38 39 2. The plight of the land owner is due to circumstances unique to this property, and these circumstances were created by the land owner. The jog in the lot line to accommodate the neighboring house and the design of the side entry are circumstances that were not created by the cunent property owners. 03- (�.ol� 2 3. The proposed variance is in keeping with the spirit and intent of the code, and is consistent with the health, safety, comfort, morals and weifaze of the inhabitants of the City of St. Paul. 4 5 6 7 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 40 41 42 43 44 45 46 47 48 49 50 The proposed side entry addirion wili contribute to the overall renovation of the house as well as bring the stairway and landing into compliance with current building code standards. This small addition is in keeping with the spirit and intent of the code and will not adversely affect the health or safety of city residents. 4. The proposed variance will not impair an adequate supply of light and air to adjacent property, nor will it alter the essenrial chazacter of the surrounding area or unreasonably diminish established property values within the surrounding area. The single story 3.5 by 10 foot addition will be about 9 feet from the neighboring home over much of the length, with a small portion about 4 feet away due to the configuration and placement of the neighbor's house. The requested 2.5 foot variance should not significantly alter the supply of light or air to the neighboring property. 5. � The proposed alterations and additions have been designed to enhance the character of the house and property. The small addition that requires a variance will not be visible from the street but will be consistent with the style of the rest of the house. The only property that may be affected by the proposed variance is the neighbor to the east which also has a nonconforming side yazd setback. Overall, the renovation of this property should have a positive impact on the neighborhood. The variance, if granted, would not pernut any use that is not permitted under the provisions of the code for the property in the district where the affected land is located, nor would it alter or change the zoning district classification of the property. The proposed variance, if granted, would not change or alter the zoning classification of the property. The request for variance is based primarily on a desire to increase the value or income potential of the parcel of land. WHEREAS, pursuant to the provisions of I.eg.Code § 64.205, Russanne L.ow duly filed an appeal from the determination made by the Boazd and requested a hearing before the City Council for the purpose of considering the actions taken by the said Board; and WHEREAS, acting pursuant to Leg.Code §§64.205 - 65.208 and upon notice to affected parties, a public hearing was scheduled far March 26, 2003; and WHEREAS, at the request of Councilmember Benanav's office, the public hearing was laid over until May 28, 2003; and Page 2 of 3 ORIGINAL 03— Cx�to 2� WHEREAS, on May 15, 2003, the Office of License, Inspecrions and Environmental 3 Protection received a letter signed jointly by the variance applicants Martin Wolf and Mary Ryan 4 as well as the appellant Russanne Low which was dated May 15, 2003 and which indicated that 5 the variance applicants and the appellant had reached an agreement regarding the addition to the 6 east side of the house at 1280 Keston Street whereby the appellant would not object if the 7 addirion was 2 ft by 10 ft thereby crearing a variance of 1 foot and, that if this was duly adopted, 8 the appeal would be withdrawn; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul, acting pursuant to its authority under Leg.Code § 64.207 hereby modifies the variance granted by the Board in its Resolution No. 03-248656 to allow a side yard setback of 1 foot in order to build a 2 ft by 10 ft addition to the east side of the house at 1280 Keston Street; and be it F[JIiTHER RESOLVED, that the variance granted by the Board shall be modified as agreed to by the variance applicant and the appellant as set forth in their letter dated May 15, 2003 which shall also be attached hereto and incorporated herein by reference; and be it FURTHER RESOLVED, that the findings and conditions set forth by the Boazd in its Resolution No. 032-48656 are adopted by the Council as its own, consistent with this modification; and FURTHER RESOLVED, that with the said modification the appeal of Russanne I.ow is stricken from the Council's agenda; and be it F`INALLY RESOLVED, that the City Clerk shall mail a copy of this Resolution to Martin Wolf, Mary Ryan, Russanne Low, the Zoning Administrator, the Planning Commission and the Board of Zoning Appeals. Requested by Department of: �� Form Approved by City Attorney 8 ,,: ��i/✓��.w.,-� 6-/t-o3 by Mayor for Submission to Council �� Approv d b Mayor: Dat g�, � Adopted by Date ?S a a0] Adoption ¢ex�tified by Counci ecretary 03- ta010 DFPARTMENi/OFFIt�UNCIL onff wrtwreo , c��A�-ro�Y J�e�6 GREEN SHEET No 113824 CON'fACT PERSON & PtiONE NXlaim� NMIaIIDri Peter Wazner 266-8710 oF...r�ra.�amR a�rcorns MUST BE IXJ CIXINCIL AGBJM BY (OA7� ASi16/t IOAIBBtFOR OIl'AiIOqEY ❑ff1YttFRK RWiYI� � w11111I9�1.aFRNCFfCR ❑N1UICiLLfFrtVMtCT6 ❑ M1tlR�ORAtiifl1111) ❑ TOTAL # OF SIGNATURE PAGES (CUP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTm A resolution memoria(izing City Council action taken May 28, 2003 modifying the variance granted to Martin Wolf and Mary Ryan upon the appeal of Russanne Low to a decision of the Boazd of Zoning Appeals ganting a side yazd setback variance in order to construct a 3.5 by 10 foot addirion to the east side of the house at 1280 Keston Street. RECOMMENDATIO Approve A)wReject(R) VERSONALSERVICECONTRAGf5MU5TAN5WERTXEFOLLOWIN6QUE5TION5: 1. Fias this peir,auTrm erervrorked under a corNact for thic departmeM7 PLANNING CAMMISSION YES NO CIBCOMMITTEE 2. FiaslhispersaJfirme�erbeenaalyempbyee? CIVILSERVICECAMMISSION YES NO 3. Does fhis persorJfirm D� a sldll not normal�YP�� bY �Y curtent cM1y employeel YES NO 4. Is Gus persaUfrm a farpHetl ventloR YES NO E�ylain all Y� ��+� ��e sheet aM aCach to reen sheet MlTL1TWG PROBLEM ISSUE, OPPORlUN1TY {Who, What, When, Where, Why) ADVAMAGES IF APPROVED , DISADVANTAGES IF APPROVED DIS4DVANrAGES IF NOTAPPROVED TOTALlUdOUNT OF TRAN5ACT10N t COSTIREVENUE BUDGETm (CIRCLE ON� VES NO FUNOING SOURCE ACTNITV NUMBER FlNANCIAL WFORMATION(D(FWM 05/28/2003 09:47 6516440633 PARKHDWE Martin Wolf ivIatp I2Yan I280I�estan St. Pau1, MIt1 SSiQ8 May 15, 2003 lohn Hariwick Czty of Saint Paul OF�ce of Llcense, Inspections aud Envzmnmental Pmtection 35d S. Peter Street, Su�te 3f10 St 1'aul, 2vIN 55102 03— I�.CAo PAGE 01/01 Regacding the waiving of pzovi.ezazAa of Section 61. iQ1 by ttze Saint Paul $oard oC Zoning Appeats to atlow an rasc side yard sett�ack af 3.5 feet; in ozder ta buiid a 3.5 by 10 faot addition ta the east side ot t�e elcisting honse on proper[y located at 12�7 Kescon Stneet; and legaltq deeCl'ibed as S't. Anthony Park North Ex 3eI� 5.98 ft OPFNely 41.3 #'t af Swly 63.8 �t i.ot 2tl Blk 3$ ; ita �rrdauce with the appticat�on Cor varianceand th� site pla� on file with the 7�ing adminisuaWr (File # 03-2�18565b). Ta alYeviat� the City Council from having to rute on an �ppeal by Appeltant Russanne Low, a compromiae has bezn reached xegarding the buildin$ of said addiaon at 1280 �eston 3creet Appellant Russanue Low will not ablect if the necw add't6on o�t #he east azde of tite bouse is onTy 2 feet by 10 feet. The reqaimd side yard setback is 6 feet with 5£eet pmpose$ for a vaziance of 1 foot. Would you ptease be so kind ss to change the existing varianae fo re}leCt these changes, and to a�n�zrinx w�ith tlte City Caunc�il o� the t�sc>lation of this matter. If you have any quescions ar ineed additronai iintormat�� pTease catS. Sincerely, �;. �� __ . :�►:' , � :� , �: .' /// _ _� , Maay RYan` " T28Q T{eston S� St Paul, MN 55106 �.�� ow ia74 ��wn sc. S`t. Paul, MN 55108 CITY OF SAINT PAUL Randy C. Kelly, Mayor June 13, 2003 Nancy Anderson Council Secretary 310 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 OFFICE OF TT� CITY ATTORNEY �� _�� ManuelJ Cervanies, CityAltorney Civil Division 400 Ciry Hall Telephone: 651266-8710 lSWestKellaggBlvd. Facsimile:651298-56I9 Saint Paul, Minnesofa 55102 Hand Delivered Re: Resolution memorializing the decision of the City Council May 28, 2003, modifying the variance granted to Martin Wolf and Mary Ryan upon the appeal of Russanne Low and striking the appeal based upon the modification of the variance. Council Action Date: May 28, 2003 Dear Nancy: Attached please find a signed Resolurion memorializing the City Council's decision to modify the variance granted to Martin Wolf and Mary Ryan for property located at 1280 Keston Street based upon the appeal by Russanne Low, and striking the matter from the Council's further considerarion based upon the agreement reached by the parties as set forth in a letter dated May 15, 2003, which is to be attached and incorporated into the Council Resolution. Please place this matter on the consent agenda at your earliest convenience. If you have any questions, please don't hesitate to contact me. Very truly yours, �� Pe er W. Warner Assistant City Attorney PWW/rmb Enclosure Cot� ��'��° M2�°Q: �;.'"_ �. �:� �� 0-3 -co� OFFICE OF LICENSE, INSPECTIONS AND �NVIRONMENTAL PROTECTfON Janeen E Rosas. Director S8' CI� �F Sn�TT PAUI. LOWRYPROFESSIONAL BUILDING Te7ephone: 6A-266-9090 RmedyC. KeTly, Mayor Suite 300 Facsimile: 6�I-266-9099 3�O SL Peter Street 65I-266-9724 SainlPaul,Minnesota55102-I510 Web: www.cislpauLrzvs/liep March 5, 2003 Ms. Mary Erickson Council Research Office Room 310 City Ha11 Saint Paul, MN. 55102 Deaz Ms. Erickson: I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, March 26, 2003 for the following zoning case: Appellant: Zoning File #: Purpose: Location: StafE District 12: Board: Russanne Low 03-248656 Appeal a decision of the Board of Zoning Appeals granting a side yard setback variance in order to construct a 3.5 by 10 foot addition to the east side of the house. 1280 Keston Street Recommended approval No recommendation at the time of the variance hearing. Approved on a 5-1 vote. I have confirmed this date with the office of Council Member Jay Benanav. My understanding is that. this public hearing request will appear on the agenda of the CiTy Council at your eazliest convenience and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Thanks ? '_ ;NOTICE:OFPIIBLIC�A�+�*TG . . � .r� x a �, zo��st AA-ADA-EEO Employer - "The"Saint E'aul �i£y CotinciYwill con- duct a� public heaiing bn, Wednesday, March 26, 2003, at 5:30 p.m. in the City Cou_ncil Ch�mbera, Third Flobr„ City_ Hall-Courthouse, 15 West Ketlogg Boulevard, Saint Paul; MN, to cdnsider the appeal�of Russanne Low to. a decision of tiae Board of Zoning Appeals ,granting a side yazd setback variaace.in order to constiruct a 3.5-bg 10 foot addi- tion to the east side of thehouse at 1250 Keston Street. - � Dated: bxareh 5, 2003 � - I3ANGX Al�IDER.SOIaT, _ . AssistanY-City Qouncil$ecaetacy — I � - (Maa'ch;107 � , �s== 8L PAQL'°Tss`iu�ti�n� 32Q61439 � . .. . _ - ._ _ , � o� �o� � OFFICE OF IZCENSE, INSPECTIONS AND EIdVII20DiMf.�7TAL PROTECTfON Jmreen E Rosas, Director CITY OF SAPi iT PAUL Rmtdy C. Kelly, Mayor March 5, 2003 Ms. Mary Erickson Council Research Office Room 310 City Hall Saint Paul, NIN. 55102 Dear Ms. Erickson: LO�RYPROFESSIONAL BUILDING Suite 300 3i0 St. Peter Street Saint Paul, .Nirenesota 55702-ISIO Telephone: 6.i I-26 59090 Facrimile: 6�7-266-9099 6�7-266-9I24 Web: wmv.cistpm�Lrzus/fiep I would Iike to confirm that a public hearing before the City Council is scheduled for Wednesday, March 26, 2003 for the following zoning case: C� . Appellant: Zoning Pile #: Purpose: Location: Staff: District 12: Board: Russanne Low 03-248656 Appeal a decision of the Board of Zoning Appeals granting a side yard setback variance in order to construct a 3.5 by 10 foot addition to the east side of the house. 1280 Keston Street Recommended approval No recommendation at the time of the variance hearing. Approved on a 5-1 vote. I have confirmed this date with the office of Council Member Jay Benanav. My understanding is that this pubiic heazing request will appear on the agenda of the City Council at your eariiest convenience and that you will publish notice of the heazing in the Saint Paul Legal Ledger. Thanks ! > S�e�ly, � �l� � i(f� . % Jo,�n Hardwick, Zoning Specialist �� AA-ADA-EEO Employer APPUCATION FOR APPEAL Department ojPlanning and Economic Devetopment Zoning Section II00 City Hall Anner 25 West Fourth Street . Saint Pau1, MN SSIO2 266-6589 APPELLANT Name �tiss4.��a� i.ew I Address 1276 K:STO'_t S^P.�ET City s �. �Ati �, gt Mi3 Zi 5 5 45 5 Daytime LOCATtON � Address/Location 12�C :��s�e?y s-Ri�� TYPE OF APPEAL: Application is hereby made for an appeal to the: ❑ Board of Zoning Appeals �'i City Council under fhe provisions of Chapter 64, Section 64 . 2 obpa�agraph Ca? of the Zoning Code, to appeal a decision made by the �opzz� o� �a�4I-�G APPLALS on rL�RuA°Y 1�, 2003 ,#g_ File number. r603-248b55 (date of decision) GROUNDS FOR APPEAL: Explain why you feel there has been an error in any requirement, permit, decision or refusal made by an administrative oficial, or an error in fact, procedure or finding made by the Board of Zoning Appeals or the Pianning Commission. �'� � c c l, r e% � Attach addifional sheet rf AppiicanYs , �`��`��`i ; ate � &�� City agent � V r � n �� '��, -j r .5 ` `f' ,�: � � • � �'�$�1t� � • Appellant: Address: Property Location File no. RUSSANNE LOW 1276 KESTON STREET ST. PAUL, MN 55a55 1280 KESTON STREiT 03-248656 bJ -�o� �c � _��`d 79� ............................................................�-••--- GROUNDS FOR APPEAL Errors in requirement, permit, decision or refusal made by an administrative official, or an error in fact, procedure or finding made by the Board of Zoning Appeals: 1. Zoning administrative officials failed to require an adequate site plan and certificate of survey, particularly considering the situation in this case, i.e. unusual lot configurations for subject property and neighboring property to the East, and the location of the respective existing improvements. 2. There seem to be inconsistencies in the site plan and the new "footprint" of the building as shown on a modification of an � old certificate of survey which is part of the file herein. 3. The history of the property and adjacent property, and the existing improvements are not adequately set forth in the file and have not been given due consideration. 4. The detrimental effect of the requested variance on appellant's property has not been given due consideration. 3. Certain of the representations and zoning staff recommendations, are incomplete or erroneous, and the Findings of the Board do not reasonably meet the required findings of Section 64.203 of the Zoning Code. For example: The property in question has been put to a reasonable use, and under the strict provisions of the code would continue to be in reasonable use without the requested variance. The existing lot is not the original platCed lot, and it is not correct that the original platted "line was moved to accommodate an encroachment by the neighboring house". • ��l e� , _ ��- C`�-;��" �;/ The _plight of the land owne may be due to circumstances unique to this property, but these circumstances were created by the � previous owners of tne �and and the adjacent parcel in order to accommodate the placement of the building on the lot. Whether or noc the proposed addition will be in keeping with the '"spirit and intent" of the code, etc., tlze negative impact on the adjacent property would not be in keeping with the ��spirit and intent", etc., and arguably would be inconsistent with health, safety, comfort and welfare of some inhabitants of the City of St. Pau1. Appellant believes that the proposed addition would impair an adequate supply of light and air. Contrary to the Findings, the value of Appellent's property wou2d be unreasonably diminishec3. Any existing nonconformity of Appellant's property is not �e�e�va�� 4. Appellant be�ieves that in this case, the requested variance is of a major rather than a minor nature, and that all required notices may not have been given, and that the Board should not have proceeded before receiving a recommendation fron the District Council. � �,Z b �c� • T c�y _l �J � \J BOARD OF ZONING APPEALS STAFF REPORT TYPE OF APPLICATION: APPLICANT: HEARING DATE: LOCATION: LEGAL DESCRIPTION: PLANNING DISTRICT: PRESENT ZOIVING: REPORT DATE: DEADLINE FOR ACTION: Minor Variance r�rr�� - : � MARTIN WOLF & MARY RYAN February 10, 2003 1280 KESTON STREET ST ANTHONY PARK NORTH EX SELY 5.98 FT OF NELY 413 FT OF SWLY 63.8 FT LOT 20 BLK 38 12 R-3 February 4, 2003 March 10, 2003 ZONING CODE REFERENCE: 61101 BY: John Hardwick DATE RECEIVED: January 9, 2003 A. PURPOSE: A side yazd setback variance in order to build a 3.5 by 10-foot addi6on to the east side of the house. The required side yard setback is 6 feet with 3.5 feet proposed, for a variance of 2.5 feet. B. SITE AND AREA CONDTTIONS: This is a 50 by 148-foot lot with no alley access. The main portion of the lot is about 10 feet above the grade of the adjacent street and the house has a tuck-under gazage that is accessed from the street. Surrounding Land Use: Primarily single family homes. C. BACKGROUND: The owners of this property are planning an extensive remodeling of the house which includes a new addition on the east side enhyway. D. FINDINGS: 1. The property in question cannot be put to a reasonable use under the strict provisions of the code. The proposed remodeling of the house will include an enlargement of the existing single- car garage, relocating the front entry and adding a new porch on the front of the house. Page : of 3 `'� �� File #03-248656 Staff Report Along with these changes, the interior of the house will also be renovated. The current side enhy serves as a landing for the interior stairs and does not provide sufficient room to maneuver and does not meet current building code standards. In order to resolve tlus problem, the applicant is proposing a small addition to the side of the house which would allow the door to be relocated and the landing to be eapanded to meet code. The proposed 3.5 foot addition would meet the required setback from the original platted lot line but the line was moved to accommodate an encroachment by the neighboring house. �. The plight of the land owner is due to circumstances unique to this properry, and these circurrrstances were not created bv dhe land owner. The jog in the lot line to accommodate the neighboring house and the design of the side entry aze circumstances that were not created by the cunent property owners. 3. The proposed variance is in keeping with the spirit and intent of the code, and is consistent with the health, safety, comfort, morals and weZfare of the inhabitants of the City of St. Paul. � The proposed side entry addirion will contribute to the overall renovation of the house as � well as bring the stairway and landing into compliance with currant building code standazds. This small addition is in keeping with the spirit and intenY of the code and will not adversely affect the health or safety of city residents. 4. The proposed variance will not impair an adequate supply of dight and air to adjacent properry, nor wiZl it alter the essential chasacter of the surrounding area ar unreasonably diminish established property values within the surrounding area. This single story 3.5 by 10-foot addirion will be about 9 feet from the neighboring home over much of the Iength, with a small portion about 4 feet away due to the configuration and placement of the neighbor's house. The requested 2.5 foot vatiance should not significanUy alter the supply of light or air to the neighboring property. The proposed alterations and additions have been designed to enhance the character of the house and property. The small addition that requ'ues a variance will not be visible fi the street but wi11 ba consistent with the style of the rest of the house. The only properiy that may be affected by the proposed variance is the neighbor to the east which also has a nonconforming side yard setback. Overall, the renovation of this property shoutd have a positive impact on the neighborhood. � Pao 2 of 3 �' 6� - �- o � • Fi1e #03-248656 Staff Report 5. The variance, ifgranted, wouZd not permit any use that is not permitted under the provisions of the code for the property in the district where the affected Zand is located, nor wouZd it alter or change the zoning disirict classif cation of the property. The proposed variance, if granted, would not change or alter the zoning classification of ffie property. 6. The request for variance is not based primarily on a desire to increase the value or income potential of the parcel of land. E. DISTRICT COLTNCIL RECOMIVIENDATION: As of the date of this report, we have not received a recommendation from Dishict 12. F. CORRESPONDENCE: Staff has received one phone call from the neighbor to the east who requested some additional information regarding the project. G. STAF'F RECOMMENDATION: Based on findings 1 through 6, staff recommends � approvai of the variance. � Page 3 of 3 r� APPLICATION FOR ZONING VARIANCE OFFICE OF LICENSE, INSPECTIONS, AND ENVIRONMENTAL PROTECTION 350 St. Peter Street, Suite 300 SaintPaul, MN55102-I510 651-266-9008 Zoning office use onl File number �� "^ Fee $ f� � Tentative hearjng date Section(s) City Agent d� APPLICANT � Name Martin Wolf/ Mary ryan Company Address � 280 Keston Av ��{y St.Paul � Z� 55108 Day6mePhone F12 990 R7l1� Property interest of applicaM {owner, contract purchaser, etc.) Owner Name of owner (if different) _ PROPERTY AddresslLocation cgjpA 3S ahnvP Legaldescription Lot 20, Block 38, St. Anthony Park North (az�n additional sheet i�ne�essazy) � 3 Lotsize 5(t' x 1 8R _ F` PresentZoninc��_PresentUse Sinale Familv Proposed Use 1. Vanance(s) requested: -�^ �Z s S� j/.AK: AN t C L Lz� �.-..u.•Y � 2. What hac ai cha�aa ten��s o th mneroach 9°°�3' into required setback p y p p rty prevent its being used for any of the permit[ed uses in your zone? (topography, size and shape of fot, soil conditions, etc.) Steep slope and current house placement Side yard setback- achieve code required stair to second floor 3. 6cplain how the strict application of the provisions of the Zoning Ordinance would result in peculiar or exceptional practical difficulties or exceptional undue hardships. Security concerns with garage space detached £rom house Poor access to second floor CASNIERS USE OMLY 4. F�cplain how the granting of a variance will not 6e a substantial detrimeM to the public good or a substantial impairment of the intent and purpose of the Zoning Ordinance. Front yard encroachment in line with exis house ts 5' seperatio�i to Applicant's signatur� `��/ � Date � �� i � Page 1 of 1 O� - �ato John Hardwick - Please forward to John Hardwick • From: "james Widder" <jwiddercr,n�n.rr.com> To: <liepweb@cistpaui.mn.us> Date: 1/14/2003 12:59 PM Sub,}ect: Please forward to John Hardwick — Original Message — From: james Widder To: iohnhardwickCa�stoaul.gov Sent: Tuesday, January 14, 2�03 12:55 PM Subject: Fw: wolf — Original Message -- From: James Widder To• James Widder Sent: Tuesday, January 14, 2003 1230 PM Subject: wolf Mr. Hardwick Zoning Specialist Office oP License, Inspections & Environmental Protection � i am writing to explain the reasons that we are seeking a side yard setback variance on the remodeling at the Wolf Residence 1280 keston Ave. in St anthony Park. The exising house was buitit with a main stair that does not have an adequate first floor tattding as it is less than the width o4 the stair. The stair is curren#ly a 9" run 8" rise stair so the only way to meet the code requirements for the stair in the remodeling is to widen the hall at the base of the stair. The area at the base of the stair is atso a side door entry and the necessary space to fit both the stair landing and the entry door requires an encroaChment of 2.5 feet into the required side yard sefback The new hall width wiil also serve to better connect the newly remodeled kitehen to the Family room which is being created on the northeast corner of the house. It is my professio�al opinion that without moving the stair well the requested bump-out is the only way to resolve the design de�ciency of the exisitng house. The projection of the hall is the minimum encroachment necessary to achieve this clearance and is no greater than the exisitng facade projection currently on the southeast corner of the house. 1 hope this narrative helps to further clarify the need for this variance. I you have any additional questions or concems please feel free to contact me by e-mail or phone at 612 990 -8703 Sincerely, James WidderAlA Archithesis.net \ J file://C:\Documents%20and%20Settings�hardwicj\Loca1%20Settings\Temp\GW}OOOOl.HT... i/14/2003� � . GR. WINDEN l. ASSOCIA7E5� ING �'- tAND SURVEYORS T�1.615-36�6 � I3Q1 EUSTIS ST., SL 7AUt, MINN. 55108 � CBRTZFICATE OF SUkVSY __-----�-"- toz: 20�V,.tiEa AcssY _-- "-� Evelya D Rogen � , � � — — ___---- - e t ; -� � I � � 2� i i t l �� \ SCALE 1 • o�.,,�� ,,,� z.e., v,ce ' i ' 8 � -c � \----- -- �� -_ �o' Easunen«vr � ��'' �� 50- ib 7 Z.grcss E Eg��sS 50.00n/.r .�� , 1 I Li'T ._J LL. i3 � i ' � pF ' ON Nv d� � 0W °°' � F � � Z8.3 ��' I ° 3.S ,n m � ` /h. SJnry N r.J' � 4.0 $Jv¢ .Sfay�, - �y s /280 m , K V� � � � � j �, o �z s r ,�, _: > ` ^� �`�'.1 i o ° " , v ].3 — �— ` � �� ' `. i5.o N tie� � } ZZ. f� 4� n � � o.r � - � i ' �'. 50.OD,.h/f a+x. KESTO!✓ STREET V ' ' ' ` ' ' — � � DESCAIPTION OF PROPEHTY SURVEYCD Lot 20, elock 38, St. Aathony Park Noxth, except the southeasterly 5,98 feet of the northeastezly 41,3 feet of the southwesterly 63,8 feet thereof, PROPOSED MAZNTENANCE EASEMI:NT OBSCRZPTION The eoutheastexly 8.8 £eet of the northeasterly 61 feet of the southWeste=ly 81 feet of Lot 20, Hlock 38, St. Mthony Park North, Ramsey County Minnesota, except the eoutheaeterly 5.98 feet of the northeasterly 41.3 feet af the southwesterly 63,8 feet thezeof. ' ilE �SEHY CEBTIPY t9A2 'NZS IS A TBUE AND CORRECT REPRESENSATION OP A SIIAVEY OP THE 80UNDARIES OF i}lE IANO ; A80VE D65CBIBEO AIi� OP 151E IAGSZON OF ALL BIIILIIZNCS, SF ANY, RRE%EON, AN➢ ALL VISIBI,B 6NCROACdHEN75, IP ANY, PBOlf OR Ot7 SAIO LAt70. DatW [hie �6� day ot Sv/6xB�4 A.D. 19� C. H. 9IN➢EN 5 ASSOCIATES, ItiC. vl t ' ' ' � y �Y/'�.(M�" i Surveyor, Mimeso[a Registra[lon No. �'llb 202- ! � � � '� p7 , 60� � _ ' � � + � _---. 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I —I r �n a I I �I �I �j � `I I� � I I � n F � i3 o ° > S- F v p R ( < � - c 0 d ✓ <a � �' s� � 3 � x eF " _ �� `..i �l`�� J � �. r.�.. � �`� . h� i �) IN._ . Y�. o�-LO� PROPERTY WITHiN 100 FEET OF PARCEL: 1280 KESTON STREET � I —J aouRNE , �� G P'� t I N W E S PREPARED BY: LIEP �1 _ ,�:b 1. SUNRAY-BATTLECREEK-HIGHWOOD 2. HAZEL PARI� HADEN-PROSPERTTY HILLCREST 3. WEST SIbE - S. DAYTOV'S BLUFF 5. PAYI�TE-P�IAI,EN , 6. 2�'ORTH END 7. THOMAS-DALE S. SUh1MIT-Ui�TIVERSITY 9. WEST SEVENTH 10. COMO ii. HAl�4LI\'E-MID�VAY 12. ST. ANTHONY PARK 13. MERRIAM PARK-LEXII3GTON HAMLI?v'E-SNELLING �IAh4L??�'E 1;. MACALESTER GROVEI,AND ]S. HIGHLAND 16. SUMMIT HILL 17. DOWIr'TOWh' ,� �� =��.�; �J�� i CITTZEN PARTICIPATTON PLANNTNG DISTF.ICTS Feb 07 S3 02:02p SRPCC 651649-5993 p.2 b3 -`o� � 11��1 �.�� , 1��r�,�.�,i �� -� �': �' � �-- � � � "� '.°�«� � `' �S` St, pnthony Park Community Cvuncil February 7,2003 Iohn Hazdwick Ciry of Saint Paul Office of License, Inspections, and Environmental Protection 350 St. Peter Street, Suite 300 Saint Paul, MN 55102 Re: 1280 Keston Street, variance in order to build 3.5 X 10-foot addition to tiie east side of the house. Dear Mr. Aardwick, � On Februazy 7, 2003, tk�e Execuuve Committee of the St. Anthony Park Community Council approved a resolution that states; St. Anthony Park Communicy Councii has not had ihe opportunity to revieW the proposed variance request. St. Anthony Pazk Community Council has a general policy of requesting stric[ enforcement of the zoning code. Thank you for pour attencion to this matter. On ehalf of [� Anthony Park Community Council, a/�� Me � sa Mathews Executive Director � � �� 890 Cromwe�l Avenue, Saint Paul, Minnesop 55114 , 3 65f/649-5992 voicc ❖ 651/649-5993 hx FEA-tl7-�t�Gl3 l e: taF cc�cna rnr,o .,�_. �� ,� �� x e�� ".�� --°"_��`•� Roseville Office 1• ■• 1 f d 1781 W. Counry Road B � Roseville, MN 55113-4�000 651-636-9000 7�7 m� n Fa1c 651-636-9499 1 �U1C1V�1 Febriiary 10, 2003 My name is Jim Stepnick and an executive sales agent with Coldwell Banker Burnet in Roseville. � I sold the property to Russanne Low & Doug Schnurrenberger on 1276 Keston in St. Anthony Park. It is a wonderful vintage hame and I believe anv encroachments would deeply distract from the ho present value and future appreciation. Respectfully, G%�� ; Independendy Owned And Operated By VR"I Sncorporated. Q� � � � I = �, - -_.,� � � _ ,�,� �;, � � ., 2 . �F P� g Y" . f y 'Y . � Y'.. y .� YY{b.y.^YT.� d n l.aQ � 1 i � � � �. l 1 wf�' � / .. 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The properry in question cannot be put to a reasonable use under the strict provisions of the code. The proposed remodeiing of the house will include an enlargement of the existing single-caz • garage, relocating the front entry and adding a new porch on the front of the house. Along with these changes, the interior of the house will also be renovated. The currenY side entry serves as a landing for the interior stairs and does not provide sufficient room to maneuver and does not meet current building code standards. In order to resolve this problem, the applicant is proposing a small addition to the side of the house which would allow the door to be relocated and the landing to be expanded to meet code. The proposed 3.5 foot addition would meet the required setback from the original platted lot line but the line was moved to accommodate an encroachment by the neighboring house. 2. The pZight of the Zand owner is due to circumstances unique to this property, and these circumstances were not created by the land owner. The jog in the lot line to accommodate the neighboring house and the design of the side entry are circumstances that were not created by the current property owners. 3. The proposed varzance is in keeping with the spirit and intent of the code, and is consistent with the heaZth, safery, comfort, morals and welfare of the inhabitants of the City of St. Paul. � Page I of i - /�: - `-1 p� ,`o� � File �03-248656 Resolution The proposed side entry addirion will contribute to the overall renovation of the house as weli as bring the stairway and landing into compliance with current building code standards. This small addition is in keeping with the spirit and intent of the code and will not adversely affect the health or safety of city residents. 4. The proposed variance will not impair an adequate supply of light and air to adjacent property, nor wi11 it alter the essential character of the surrounding area or unreasonably diminish established property values within the surrounding area. This single story 3.5 by 10-foot addition will be about 9 feet from the neighboring home over much of the length, with a small portion about 4 feet away due to the configuration and placement of the neighbor's house. The requested 2.5 foot variance should not significantiy alter the supply of light or air to the neie�boring property. The proposed alterations and additions have been desib ed to enhance the character of the house and property. The small addition that requires a variance will not be visible from the street but will be � consistent with the style of the rest of the house. The only property that may be affected by the proposed variance is the neighbor to the east which also has a nonconforming side yard setback. Overall, the renovarion of this property should have a positive nnpact on the neighborhood. 5. The variance, ifgranted, would not permit any use that is not permitted under the provisions of the cocle for the property in the district where the affected land is Zocated, nor would it alter or change the zoning district classification of the property. The proposed variance, if granted, would not change or alter Yhe zoning classification of the properiy. 6. The request f'or variance is not based primariZy on a desire to increase the value or income potential of the parcel of land. NOW, THEREFORE, BE IT RESOLVED, by the Saint Paul Board of Zoning Appeals that the provisions of Section 61101 are hereby waived to allow an east side yard setback of 3.5 feet; In arder to build a 3.5 by 10-foot addition ta the east side of the existing house on property located at 1280 Keston Street; and legally described as St Anthony Park North Ex Sely 5.98 Ft Of Nely 413 Ft Of Swly 63.8 Ft L,ot 20 Blk 38; in accordance with the application far variance and the � site plan on file with the Zoning Administrator. Paee 2 of 3 � i ` �� > File #03-248656 Resolution MOVED By: Wilson SECONDED BY: Faricy IN FAVOR: s AGAINST: � MAILED: February 14, 2003 � 0 or er o e oar o omng ppe s permitting t e erection or alteration of a building or off-street parking facility shall be valid for a peraod longer than one year, unless a building permit for such eraction or alteration is obtained within such period and such erection or alteration is proceeding pursuant to the terms of such permit. The Board of Zoning Appeals or the City Cauncil may grant an extension not to exceed one year. In granting such eatension, the Board of Zoning Appeats may decide to hold a public hearing. APPEAL: Decisions of the Board of Zoning Appeals are final subject to appeal to the . City Council within 15 days by anyone affeMed by the decision. Bailding permits shall not be issued after an appeal has been filed. If permits have been issued bet'ore an appeal has been filed, then the permits are suspeuded and canstruction shall cease until the City Council has made a�nal determination of the appeal. CERTIFICATION: I, the undersigned Secretary io 4he Board of Zoning Appeals for the Ciry of Saint Paul, Minnesota, do hereby certify that I have compared the foregoing copy with Yhe original record in my office; and find the same to be a true and correct copy of said original and of the whole thereof, as based on approved minutes of the Saint Paul Board of Zoning Appeals meeting heid on February 10, 2003 and on record in the OfFice of License Inspecrion and Environmentai Protection, 350 St. Peter Street, Saint Paul, Minnesota. SAINT PAUL BOARD OF ZONING APPEALS Debbie Crippen Secretary to the Board Page 3 of 3 � r! / r �� o� -Lo� � . � MII�TUTES OF THE MEETING OF THE BOARD OF ZONPi iG APPEALS CITY COLTiCIL CHAi�ERS, 330 CITY HALL ST. PAUL, i1�fIlV7v'ESOTA, FEBRUARY 10, 2003 PRESENT: Mmes. Maddox; Messrs. Courtney, Duckstad, Faricy, Kleindl, and Wilson of the Board of Zoning Appeals; N1r. Wamer, Assistant City Attomey; Mr. Hardwick and Ms. Crippen of the Office of License, Inspecrions, and Environmental Protection. ABSENT: Gladys Morton* *Excused The meeting was chaired by Joyce Maddox, Chair. Martin Wolf & Marv Rvan (#03-2486561 1280 Keston Street A side yazd setback variance in order to build a 3.5 by 10-foot addition to the east side of the house. The required side yard setback is 6 feet with 3.5 feet proposed, for a variance of 2.5 feet. Mr. Hazdwick showed slides of the site and reviewed the staff report with a recommendation for approval. No correspondence was received opposing the variance request. Aowever, staff received one phone call from the neighbor to the east, opposing the variance request. One letter was received from District 12 regarding the variance request. They stated they did not have time to heaz the matter, however, they prefer to not support any variances. Mr. Kleindl questioned Mr. Hardwick about the opposition from the neighbor to the east of the property. Mr. Hardwick stated that the neighbor stated to him that she felt that the addition which will be within four feet of her house would be too close. The applicant MARTIN WOLF, 1280 Keston Street, was present. Mr. Wolf and his w�fe have lived in the house far fifteen years and have looked forward to updaring the home to better fit their needs. They have hired an architect to help them with this process. There is a hardship with the landing at the bottom of the stairs. They want to move the door out three-and-a-half feet and turn the entrance doar so it faces the street instead of the neighbor's house and to open up the landing and the rear of the house. They were not aware of opposition to the project unril the day befare the hearing, and had decided to proceed to the hearing and allow a disinterested third parry to make the decision. Mr. Wilson quesrioned whether the neighbor to the east had written the letter in objec6on. Mr. Wolf replied affirmatively. Mr. Wilson quesrioned how long the neighbor to the easYs home has been on the site. Mr. Wolf replied the neighbor's house is much older than their home. The part of their house that encroaches on their properry is the porch. �It is unclear when the porch was added on but he does not believe that the porch was an original part of the house. Ae noted that there is a maintenance easement for that side of the house and the Wolfls wilI not be inside of that four-foot easement. There was opposition present at the hearing. AA-ADA-EEO Employer �� 1 '� y � , File #03-24$9656 Minutes 02/10l03 Page Two M Doug & Russanne Schnusenberger, 1276 Keston Street. Ms. Schnurrenberger argued that the Wolf s hardship of a non-conforming landing in the house counter balances a hardship that will be placed on them by granring the variance. Ms. Schnurrenberger submitted a letter from her real estate agent stating thaT in lus opinion granting the variance would cause the property value of her home to decline. The addition will come to within four feet of a large bay window in their kitchen and she feels that the building will be oppressively close to her home. The nearness may also create moisture and runoff problems that they do not now have. It is a fire hazard to have the houses so close as well as a securiry hazard. The azea between the houses will be visually blocked from the street by the jut outs of each home, there ue three basement windows along the side of her home she worries will prove inviting to thieves looldng for secluded entry points. The Schnurrenberger home was built in 1931 in the middle of Wo1Ps home is on. The Wolf's bought their house with the full irnowledge of The non confonnance of khe Schnurrenberger house. However, when the Schnurrenbergers bought their home, they had no reason to believe ihat anyone would want to build an addition that would bring the two homes any closer than they already are. Four feet between the two homes is oppressively close and will contribute negatively to the enjoyment of their large bay window in the kitchen, which is the heart of the home. Setback rules are desi�ed to protect property values and protect us from unforseen ramificarions of a house being built too, close to its neighbor. Ms. Schnunenberger asked to show the close quarters already shared by their home and the Wolfls. Ms. Maddox explained that if she showed the photos they would need to be retained by LIEP as part of the record. Ms. Schnurrenberger thought that was fair and explained the • photos to the Boazd before submitting them to Mr. Hazdwick. James Widder, 3338 Universiry Ave #400, with Archithesis, explained that his company was hired by the Wolfs to address interior planning issues. When it was realized that it occuned where the two homes come as close a possible, they did everything within their power to minimize the impact of the addition. The addition is part of a family room addition which conrinues on, but only the ten foot by three and a half foot addirion requires a variance because of the way the property line jogs. As to the drainage issues there are full curbs and b tters along that side of the shed roof so as to control the water runoff on that side of the house. Adding this kind of addition to a house can only increase the value of the surrounding homes. The minor obstruction, is a one story addition on a house that probably has a finished floor elevation that is three feet lower than the adjoining house and the neighboring bay window may actually look out on the roof of the addihon rather than the face of the addition. Hearing no further tesrimony, Ms. Maddox closed the public portion of the meeTing. Mr. Courmey stated he is not going to make a mohon, but his inclination is that when something is being built that closely, the neighbor comes in and objects, and it all seems to be Iegitimate he is inclined to vote against it. It would have been nice if the district had taken a position on the request. Mr. Faricy noted that the dish did take the position that they do not want any variances at all. However, a large number of variances have been granted because of the nature of Saint Anthony Park. People have not been able to build garages or add onto their homes, so the Board has had half a dozen or more that were granted and most of them were not debated at ail. � AA-qDA-EEO Employer ^ .� �.. v d� —� � • � File =03-248656 Vlinutes 02/10iO3 Page Three �vlr. Courtney stated his agreement with Mr. Faricy, noting that he is not giving any credence to the dishicYs letter of non-support. However, he u+ished that the dish-ict would take a stance rather than azbitrarily requesting strict enforcement of the code when we lmow that is not the truth. �Ir. Faricy remarked that when you look at the house next to the old "Queen Ann" style of the house it seems so small it begs to be added on to, just because it is so out of scale with the rest of the neighborhood. The addirion looks fine, are there any violations or problems with the building or fire ;,odes if this happens. Mr. Hardwick replied that if the variance is approved the addirion would have to be constructed as a one hour fire rating, there can be no openings on that east wall, no windows or doors. That has already been taken into consideration and it would be before a building permit is issued. The building and fire code says any structure within three feet of the property line needs to be fire rated. Mr. Wilson moved to approve the variance and resolution based on findings 1 through 6. Mr. Faricy seconded the motion, which passed on a roll call vote of 5-1(Courtney). Submitted by: dohn Hardwick Approved by: Jon Duckstad, Secretary AA-ADA-EEO Employer l ', ,"} 05/2B/2883 09:47 6516440633 PARKHDWE Maztin Wa1f Mary Ryan 128Q Keston Sx Z'aul, MIt1 55108 May k3, 2003 John Hariwick City of Saini Paui Office of License, Inspections and Environmenqi Protection 350 S. Peter SUreet, Suite 3fl0 St Yaul, MN 55102 PAGE 01/01 �L�d O,� �(vOCo /�- Q ltegaiding the wairing o�' proviisions of Secrion 61.1Ok by the Saint Pavt $oard of 7.,oning Appeats to ailow an east s�de yard setback of 3.5 feet; in order to bui(d a 3.5 by 10 foot addltion to the east side of the e�iating 6ouse on percy located at 12.$0 Keston Street and legaiFy deacribed as S't. Anthony Park North Ex Sa1��5.%8 ft OPFNe1y 41.3 �'t of Swly 63.8�Ft i.ot 20 Blk 3$ ; 3n accordance with the appltcabon for varianceand th� site glan on �le with the 7,oning adminisiratar (File # ff3-2A�5556). To alYeviate the City Council from having to rute on an �ppeaI by Apgeltaqt Russanne Low, a compromise has been reached regat�iiztg the buildittg of said addition at 1280 �eston Sueet Appet(aztt Itussanne Low wilX not obfecE if the new addltion on the east azde of Ute k�ouse ia oniy 2 f�t by 10 leet The required side yar�! setback is b feet with 5 feet pmposed for a variance of 2 foot. Wou1d you please 6e so kind as to change the existittg var(ance fo rellect these c�anges, atld to «anf rm wiith the City Councxl oT ihe msolution of this u�atter. If you have any qnesdons or aeed add'zcional intormation ptesse catt. Sincere2y, S=/S-c3 Martin L, WoIC I280 Keston St, St. Paui, 55108 Russanne i.ow I274 �eston St St. Paul, MN SSX08 Maay RYan� � f280 ECestozs SY. S� Paul, MN 55106 ,,,(�<D' p� _�o� .T' � � . �: ,� �-�� T� -� �-�-� _ � a�- <. s � i e � ; f�-e,. � ,�GLd c� ,4�- � �eL1 ,.�t5lc�t-� ' aaT . ��rf.^�l�e� � t? ��- - — — —