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247844 - - . ' . �L�� > OR161NAL TO CITY CLBRK � , CITY OF ST. PAUL FOENCIL N�,. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION-GENERAL FORM PRESENTED BY � COMMISSIONE � DATF RESOL�ED, �hat upon and pursuant to the pertir�ent appeal, under the 2oning Code, by Leonard L. Carlson, one of the owners of the sub�eet real estate, situate in the City oF Sain� Paul and deseribed as : Lots �+, 5, and 6, Block 9, �ollege P1ac� i�est Divisi�n; �hat the provi9ior�s of said 2oning Code hereby are determined and varied as and to the exteMt neQessary ther�for and the ��tback requirem�nt for said premise� i� h�reby relax�d to 20 feet �o as to a�com�oda�e the �on��ru�tion of a 30 uait apartment building o� prop�rty loc�.ted or� �h� �o��h side of Englewood Aven�e be�t�recn �'r� S�r�et �nd �torth S�e11in� Av�nue, _ `� , – �_- . _ s�.b��ct to the candition- tha� �aid �a.ppe�iant, and his sucaessors y anc3 $ssi�r��, otherwi�e, shall m��e due eompliance wi�h all N C � appliaable provision� of munieipal ordinanaes, atate sta�utes > * and rule� a�d r��la.�ions of public autho�iti�s having eognizance. .a a. �� IINR 1 1 197 4 COUNCILMEN Adopted by the CounciL 19— Yeas Nays � 1 � �� Carlaon ��_ Approved 19—_ Meredith , �n Favor Peterson Sprafka Mayor �Against � Tedesco Mr. President, Byrne PU$�.ISHED MAR 141970 0 . . � 7 l��, ' �e.l(:� '": :.:• '' ' �� ` �� Y� ;ONING, CITY OF ST. PAUL �, :� -�'°� `� � ' ,.VG • ST. PAUL, MINNESOTA 55101 • PHONE: 223-4151 s � T�e' $t �' . +u. ��"��•,,��r ��" ' f�9=�'�� c9 �� $ ,�, � � February 25, 1970 �i�. `'�!. Ai► �4�±""�t ,��R�,.k� � nN '� Marshall � �' r , . � � , �� 'f .ty Hall Dear Mr. Marshall: This is written in response to the appeal of Leonard L. Carlson to relax the building setback requirements of the Zoning Code as they apply to property located on the south side of Englewood Avenue between Fry Street and North Snelling Avenue. This property is further described as: Lots 4, 5, and 6, Block 9, College Place West Division. This matter was considered at the February 5, 1970, Board of Zoning meeting. The staff report noted that the site was rezoned to "C" Residence in August, 1969, and is located across the street from Hancock School and adjacent to the commercial uses fronting on North Snelling Avenue. The staff explained that the required setback for this property is 20 percent of the depth of the lot, or 35 feet. This appeal asks that the setback be relaxed to 20 feet, a variance of 15 feet or 43 percent. Staff conclusions noted that the variance requested is excessive, will reduce useable front yard space, and may be detrimental to the low-density residential uses to the west. The variance, however, would not have a detrimental effect on the commercial uses to the east since those uses front on North Snelling Avenue and have no setback from Englewood Avenue. The staff noted that a lesser relaxation providing a setback of 25 to 30 feet would be more reasonable, and would still allow the proposed development. Mr. Jerrold Sullivan, attorney for the appellant, stated that they had considered a lesser variance but that it would eliminate nearly all rear yard space and would put the building entrances in a less desirable location. He noted that the appellant desires to have the building in the position in which it is planned because of ingress, egress, and traffic flow, and would prefer the 20-foot setback to provide lawn space equally around the building. One person, Mr. Merrill Robinson of the Association of Saint Paul Communities, spoke in opposition noting that they are opposed to variances . The Board discussed in detail with the appellant the possibility of a setback that would represent a lesser variance. Subsequently, it was moved to recommend approval of the appeal because of the commercial uses adjoining to the east. This motion passed by a 4-1 vote. Very ruly your ��` , � � , � f /" 1 + L� I�� PETER IETTA /� �(� PJM:gaf Secretary, Board of Zoning � CLS � Z.F. ��6939 • • � • �, ,r . .. • ULPIN, SULLIVAN AND SUI.LIVAN ATTORNE78 �T LAW 817 COl[HERC&BIIILDIN(i 9AINT PAIIL,HINNEBOTA SS101 � � TELe�HONE 224-8396 WM. LESLIE ULVIN September 25, lg6g PATRICK F. SULLIVAN JERROLD J. SULLIVAN � � 7, � The Honorable Mayor and City Council C�4 City Clerk Room 386, City Hall & Courthouse St. Paul, Minnesota 55102 Re: Zoning appeal to relax building setback regulations to twenty (20) feet for construction of apartrnent building upon Lots �F, 5 and 6, Block 9, College Place West Divis3on, commonly known as 1598, 160�+ and 1612 Englewood Avenue, St. Paul, Minnesota, the same having heretofore been rezoned from "B" to "C" Residence . Gentlemen: Leonard L. Carlson, on� QY the owners of the captioned premises, for the purpose of constructin� a 30 unit apartment building upon the said premises, which construction will require a twenty (20) foot setback, presents the following informa.tion; (A) APPLICANT: Leonard L. Carlson and Lorraine S. Garlson, husband and wife, far themselves and for Tver H. Carlson and Emmy A. Carlson, husband and wife. ' (B) TEL. N0. : 6�+5-6568 (xOr�) 6�+6-7161 (OFFSCE) , (C) LEGAL DESCRIP. ; Lots �+, 5 and 6, Block g, College Place Wlst Division. (D) STREET LOCATION: Located upon the South side of Englewood Avenue West, between Fry Street and Snelling Avenue, immediately to the West of the commercial buildin�s on Snelling Avenue, said Lots �+, 5 and 6 being commonly known as 1598. 160�+ and 1612 En�lewood Avenue West. (E) Proposed � USE : Construct�.on of a 30 unit apartmc:nt building. (F) PRE�ENT ---�-�- "�" USE : Three single family � � C�� `��? s� r . . ' 1 ♦ � "� .♦ � ' ULYIN, SULLIVAN AND SULLIPAN ATTOENEYB �T LAW 817 CO�RCS BIIII.DIN(l B�INT PAIIL,MINNSSOTA 53101 TELErHONE 224-3398 WM. LESLIE ULVIN PATRICK F. SULLIVAN � 2 � JERROLD J. SULLIVAN PURPOSE (G) OF APP�AL : To construct �he said 30 unit apartment building within twenty (20) feet from the inside sidewalk line f'or 2�5 of the building length and within twenty-four (2�+) feet thereof for 3�5 of the buildin� length. (g) NBED QF APPEAL : This appeal is nec�ssary by reason of the City o�' St. Paul Ordinances requiring under the circumstances, a build3.ng setback of a minimum of thirty (30) feet; In order to facilitate a well balanced lay-out for the contemplated pro�ect, affording adequate lawn, parking and construc�ion space with an orderly appearance; and in order to more nearly eonform to the buildings to the East. (I) This appeal is made under St. Paul Ordinances, Legislative Code Chapter 62 .01, Section Zonin� Code, Paragraph Set Backs. Construction of a thirty (30) unit apartment buildin$, with i5 garage parkin� units and 15 additional outside park3.ng units is contemplated forthwith. Accordingly, two site plans drawn to scale and containing the required information, are attaehed hereto. Also enclosed, please find check for the required fi13n� feee �srr�- � . ver truly your,.� � �� J o1 J ; a�f- Applicants' Attorney 1"-�-`� . // �`�= Leonard L. Carl.son, Applicant �� Lorraine E. Carlson, Applicant . . . _ .. , . . ,, _. . . . . : �' � �;�: ; . ��. . �' .:.: �.��_,,. _ � �t��ENG ��LE ��'�� . . ' i ' �:�A[i,) Jr I�NI:�c; REPORT AND ACTIOr1 February S, 1970 Piat Map �� A�tinn under Le�?islative Code Chapter 6�� thru 64 �3s.�'<1 Au^ust 22� 1922 as amendQd to April 6� 1�68 6939 --. 6776 _ :'': '.1�;A;!'i'; NA'1C , Leonard L. Cartson :. . ,'►,'1�;Stf'ICA'I'ION � X-649 � AnNndn�nt � App�al ❑ P�rinit ��th�r s, �iR?);t; . ReLx building s�tb�ck regulation to 20 feet � for construction of an apartaent building 4 , I,')CAT10tJ % South side of Englewood Avenue b�tween Fry Street and North Snelling Avenue �• I.��.,AL DESCRIPTION : Lots 4� S, and 6� Dlock 9, College Place West Divi�ion �. P:tESI;NT L0?IINGt "C" Residence "� . "'!1RSUANT 1'� Zoning Cod� Chapt�rs 64 Sactions .03 Fanpraph: i �+ . �TAE'C 1NVESTIGIITION E REPORTt Aat�f 1/29/�0 By� CLS A. HISTORY: A petition to rezon� this property frc� "n" to "C" Reaidence Mas gr�nted 8/2/6y. D. PROPOSED USL►: Relax buildini ��tb�ck r«uire��ut to 20 f�et for ths conatructlat of an apartaent buildia�. C. NEED FOR AP!'6AL: Appallant st�t�e s ae[back of only 20 feet !a nec��sary in otd�r to facilitate a Well-b�lanced layout for the contetnplated project, offotding adequate lawn, parking and conatruction spact �rith an orderly appe+�rance; and in order to more nearly confor' to the buildings to the east. D. PRESENT STANDARD: The buildin� �etback requireuer►t ia 35 feet for thi• site. E. VARIANCE: This �ppeal asks for a 1S-foot variance or 43 perc�nt of the 35-foat requirement. F. AREA ZONIt�iG: The land to the �outh ie aa�ed "C" Reaidence; the lend to the ve�t ai�d across the �treet to th• netth is son�d "�" R�eidence and Coam�rci�l. C. SITE CONDITIONS: The site ie Zsvel and •lightlq ebove street arade. H. AREA CONDITIOdiS: Hancock School i• to the north ecrosa Bnglewood Avenue. Commercial uses exist on Nortb Sna,lling Avenue ftont�gea to the east. Imoediately to the east ia illosal Cae�erci�l parkina in "B" Re�idence as well as on the back portion of th• easterly lot ot this �ite. An existing and e propoaed 30-unit apartment building •re to th� •o�th. The larger �rea west of Morth Snelling Ave�ue hes mixed-denaity residenti�l uae�. Council Letter 9, 3�ARD ACTION; To Recommend L1Approval D Denial Dated 2/25/70 "lovaci by; Man9ur Ysr�s Nays I)ate of Iie,�rinF� x ��s 2/26/70 Seconded by; McPartlin Cohon Danna (Alt) Council Action ! Gadler x �ugAr Secretary' s remarkss Maietta X Date X McPartLin (Alt) X Mansur (�4i�t) LE�AL NOTIC�S ON THE T3ACK OF THIS SHEET � � � y. � � �� L - ' . - + �� < O� . �� ,� ,)� . ��! �_-. J � . . "!� . , ., � � . i � � .�J.�.�, _ �_.�i�_. �.. � . ._.... ._ i , . i . . , . 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' � - - --- - - ,I�/�ult��1.�"�1/1. . : �V� . _._.. -- _ ._. _ � . � 1 _ V, ) � � _�� ; � i � �G r' � I ` ' � �� Q!oia, -� � o�o o � o; o� o� o � . •� ' � , .� , , � I ,�� , 1 ►--- � � � � ; , �.� : � � � , . .�_ o f� � � � � -�-- ._�._.l_.i._.:._.�__� ( -----' � .___.,t_. ..� � _' . . . � _ : .. + �.� , 1 � .r- �. j-�-'_�� _'�b � �._`_ ,-- � r . � l� 'i.. O+ -1� ; , � � � � � 0�� i � � ' i � �' � � �� ,�;�,0� �-- �� ; �:� � , ��' ;l� �C�`� , •R �,. ; � ' i "��.. , i i , � i �.1 L � � � n . N�4 N. _ a��,1V � ,�`�..-.- , - �-•- , , � � . � ` _ . ,1 r--;-,r--. , .--�-=-�. -�----_-- � � �. Q�P��Ca�T Leonard L. Carlson LEGEND PURPOSE Relax building setback regulation LAND U�E to 20 feet for construction of an apartment building � Q(�E-FAMILY PRESENT ZONING "�'� Res�aence -�- TWO-FAMILY � THREE-FQ��IILY PETITON SICNERS -�- FOUR-FAMILY �Q MUL?I-FAt�,41LY FILE No 6939 v � n COP�iMERCIAL L N pRTN � � INQUSTRIAL . u VACANT St. Pau I Pianning Boord, Date� 1/30/70 Property Under Consideration MTNt3TE8 OF TI� PUBLIC HEARING BEFORE THE BQARD OF ZONING on Tharsday, February 5, 1970, at 2:00 P,M, PRSSENT: Messrssd Ames, Gauger, McPartlin, Maietta, and Mansur of the Board and Messrs. Brown. and Sorenson and Miss Schirmer of ehe staff. LSONARI? L, CARLSON: An appeal to relax the building setback regulation to 20 feet for construction of an apartment building on property located on the south side of Englewood Ave�.ue betwePn Fry Street and North Snelling Aveaue. Mr. Sorenson sum�a.arized �he sta�f report stating that on August 2, 1969, a petition to rezone this property frrnn "B" to "C'° Reaidence was granted. Mr. Carlson wishes Co relax the building setback requirement to 20 £eet for the construction of an apartment building. He states that a setback of only ?.0 feet ia necessary in order to facilitate a well-balanced layout for the contemplated pro3ect, affording adequate lawn, parking and construction space with an orderly appearance; and in order to more nearly conforna to the buildings to the east. This appeal aslcs for a l.5-foot variance, or 439', of the 35-foot setback requirement. The land to the south is zoned "C" Residence, to the west and across the street to the north the zoning is "B" Residence and Cou�ercial. Aancock School is to the north acroas Englewood Avenue. Co�►ercial uses exist on North Snelling Avenue frontages to the eest. Immediately to the east is il�egal Co�aercial parking in "B" Reaidence as well as on the back portion of the easterly lot of this site. An exiating and a proposed 30-unit apartment building are to the south. The larger area west of North Snelling Avenue has mixed-density residential uses. Mr, Sorenson stated the staff has talked to the applicant as to whether s lesser variance, a 30-foot setback, could be done and would not hamper the development of this site. This would put the variance in line with the propoaed new Zoning Code requirements. Mr. Jerrold Sullivan, attorney for the appel2ant, said he had discussed, prior to the meeting, the possihilities of a lesser variance and setback and the posaibility of turning the buildfng around (flopping the plans over), The building ia laid out aa it is because the main eatr�nce is £urther away from Snelling Avenue and allows s freer flow o£ traffic for ingress and egress to the building and puts the entrance further away from the driveways to the building. The rear entrance is cloae to the side driveway for service vehicles. If the building were "flopped", it would put the front entrance close to Snelling Avenue, The lawn at the rear is 27 feet wide at the widest, snd 13 feet wide at the narrowest point. It ia desirab]e to hsve lawn around the building as equally as is poss3ble and to have trees around the building. If the land at the rear were eliminated, it would not be possible to landscape as desired. Further, the rear of the building is to the south and it is desirable to have lawu for a cool appearance in the summer. The building ia a 2;- story building--the basement in the building gives good utilization of the land. A buffer strip is allcwed to the wesC where the own.er lives: there is a 29-foot space between the existing house and the proposed building. The applicant desires �o have the building in the positlon in which it is planned because of the ingress, egress and traffic flow, and would prefer the 20-foot setback to space the lawn equally araund the building. -7- . , . � LEONARD Lo CARLSON (2-5-70y (Continued�a Mr, Ames irnqufred how the appli.cant wou.lc� ;eti �his bu�Iding and the cars on the site if there ��s�ck rel.axation o€ some�k�ndckthe total�sitenise31,678rsquarea hav� to be a setb feet--30 parking pl.aces are pl�nn.ed• Mr� Sorens�n said the setback requireaaeuts of 35 feet could be met which would put all of the Zawn in front aud wr�uld e7�tminate the r�ar yard snd reduce the driveway between the garages a�ad �he parking space. Tt i� felt a larger driveway is desirable and give a lim�ted a:�ount of lawn. �.'he staff feels th� yard space would be more usable if i� w�re no� in ane piece. Mr. Sorenson nated thaC the problem hera is the site is j'us�: too small and thi.s situaCion occura when "C" Residence property is de��eloped at the maximum density snd ground coverageo Even with minimum parking, the site is too tight and in this c�se the setback suffe��a. Mre 5ulliva� said ther� are two bui�ldings behind Chis site which have this variance. Mrb Ames preferred some open area an.d green area on boCh sides. Mr, Su113.van sai�l to the east of the �roperty line is a driveway serving the Cammercial property on Snelling Avenue and i� is part of the Caa�ercial property; the service drive goes in parallel to Sneliing Avenuee Mra Me�rill Rols�.uson, reporting for the Association of S�o Paul Cos�aunities and the Saa�line CoBa�nun�.ty, spoke in oppasttion. He wishes to state they are in opposition to variances on. density until a new Zaning Ordinance caa be obtained. They �aould face the necessity of some modification in any future ordinance which may be adopted but until that is done, they would consistently oppose variances such as this• Aestheticallgsthis�wouldihaveethe�effecttofcmovingethenbuilding neighborhoc►d. toward the atreet. ' Mr. McPartli� said it was his feel.ing the way colleges are expanding they ere in need of some apartments close by for housing studenta. Mr. Robinson s�id this is not fully true. HamlYne University �aants studenta living on the premises in dormitarie� and they own considerable property in tihe neighborhood and that there is not a great ahortage of residential property in the neighborhood. The Hamline Comununity wants to decide i� their own minds where the Line should be drawn. Mr. Robinson stated that Mro Carlson iCs a member of the Hamline Coo�►unity and that they are not opposed to apertment development as such but they are being careful and dlscussion�on atether�ornnot�the setback couldnbegchanged andThowemuch. was turther i '� Mr, Ames asked if a 22-foot�lre�r dxiveway would be adequate. Mr. Sorenson said 20 feet would be the minimum biut 22 feet is recommended where there are garages in conjunctian w�.th the driveuraye Mro Ames said the Board realizes some relaxation is necessary and would lik� to see sosne campramise by tightening up a little in the park�.ng area. -8- � � . , , . � " , v I.E{3NARD L� CAi�ISQAd (2-5-70,� (Camtinued): Mro Mac�sur felt wheL-her Ln.e setbacic is 20� 7.2, or 24 f�et �her� is a Comm�rcial building an the coru�r snd the setback here �sn't going to add anything. If Che Co�ercial bu�tZding were not c�n �he carner, mo�e considerata.on cauld be given to the setb�ck. M�. Maiett� said he would va�e for it if the setback tiaas 24 feet but he felt this �.s too narrow. Moved by Mr. Mansur �nd seconded by Mx. McPertlin, the appeal was approved as presented. The motion csrried with M�. Maietta voting against the motion. Submitted by: Colonel L, Sorenson RoberC Lv Ames, Chairman _g_ � . • , � . Citg� C1erk CITY OF SAINT PAUL MINNESOTA DEPARTMENT OF FINANCE tt3 court Flou:e ssto2 February 13, 1970 File X849, Page You are hereby notffied that a public hearing will be held in the Council Chambers of the City Hall aad Court Aouse ia the City of St. Paul at 10:00 a.m. on February 26, 1970 on the appeal of Leonard L. Carlson to relax the bailding set- back regulations to 20 feet for construction of an apartment building on Lots 4, 5 and 6, Block 9, College Place West Diviaion. The property is located on the south side of Englewood Avenue beCween Fry Street and North Snelling Avenue. For further information conCact the Planning Board, Room 1010 Commerce Building or phone 223-4151. JAI�S J. DALGLISH Commissioner of Finance O