249359 �
Orlsinal to Ctty Clerk � .
.,� . _ �
'�� � �ORDINANCE 2����9
, COUNCIL FILE NO
PRESENTED BY � � �eT�''�� ORDINANCE NO /
1
An ordinana� amendin� the
Zoning Code, Chapters 60 to 6�+,
inclusive, of the Saint Paul
Le�islative Code, pertaining to
Use Districts, Heigh� Districts
and Rezoning of certain proper-
ties in the City of Saint Paul,
as amended .
� THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Seetion l . That the Zoning Code, Chapter� 60 �0 6�,
inclusive, of the Saint Paul Legislative Code, pertaining to
Use Districts, Height Dis�ricsts and Rezoning of eertain properties
in the City of Saint Paul, as amended, be and the same 3.s hereby
further amended so as to r�zone the following degcribed property
on the terms and conditions expressed herein f'rom "B" Residence
District to Commercial District, to-wit :
Lots 2�+, 25, 26, 27 and 28,
Block 2, C. W. Youngman 's
Rearrangement of Bloek 2,
Palisade Addition to Saint
Paul;
situate on the north side of Benson Avenue between Alton and
Madison Street� in the City of Saint Paul.
Seetion 2. The property described above is sub�eet to �he
following terms and aonditions :
1. That, sub�ect �o any furt��r reelas�ification of the
hereinabove desaribed real estate by virtue of proceedings
therefor hereinafter instituted, conducted and completed accord-
in$ to the applicable provisions of said Zoning Code, effeetive
as of the date of said petition for recla�sifioation and the
applieable proviaions of the statutes of the Sta�� of Minnesota,
her�by the employment of said real �state hencef'orth is restriated
and limited to the following specified use, �o-wits
Commereial Distriet for the oper-
ation of an off-stree� parking
facility to be used in con,june�ion
with a proposed offiae buildin� on
West Seventh Street, sub�eet to all
applicsable statutes, ordinances, - �
rules and regulations prescribed
and promul�ated by governmental
agencies having cognizance. .
Yeas Councilmen Nays Passed by the Council
Butler
Carlson Tn Favor
Levine
Meredith
Sprafka Against
Tedesco
Mr. President (McCarty)
Approved:
Attest:
City Clerk Mayor .
��
Form approved Corpora�ion Counsel By
Or(einsl to City Clerk • •
� , r . .
i= �� �ORDINANCE ����' ��9
COUNCIL FILE NO.
PRESENTED BY ORDINANCE NO ` �
2
2. That the owner of said real estate, within the pe��od
of si�ty (60) days next suceeeding the publication of this
ordinance, shall fil� with the City C1erk, in two (2} fully
exeeuted coun�erpa�ts, said owner�s written aeceptanee of
this ordinance, incorporating, amon� other things, said
o�rner 's grant unto said City of �a3n� Pau1 of a negative
easemen� aff�eting said real estate, for the imposition,
maintenanc� and enforcement of the aforesaid condi�ions,
restrictions and 1�mitations upon the employmen� and u�e
of the property described herein, approved as to form and
execution by the Corporation Counsel ancl recordable in the
office of the Register of Deeds and �aid negative easement
and restrictive eonveyance shall be drawn to exelude all
uaea permitted in "B" ReSidence Districts, "C" Residence
Districts and "C-1" Residence �istricts .
3. That, in addition �o other requirements therefor,
said ownerts written acceptanee and grant of negative ea�e-
ment shall incorporate a certified copy of this ordinance,
and immediately upon �he aforesaid filing of the same the
City Clerk shall caus� one of' such counterparts thereof to
be filed of record in the office of the R�$�ster of Deeds in
and for Ramsey County, Minnesota.
Section 3. This ordinance shall take effe�t and be in
foree thirty (30� days from and after its passage, approval
and publieation.
' JllL 21970
Yeas Councilmer�/' Nays Passed by the Council
Butler ✓ �
- Carlson ) Tn Favor
�£� �% Levine J
�-" Meredith
� ''� - Sprafka �ainst
�edeaeo
� Mr. President (�rty) Approved• �U L 2 1970
ttest: � ��� /��
�
C' y Clerk ayor
��
Form a�proved Corporation Counsel By
PUBLISHED JUL 111970
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. • ., . � ,. CITY OF SAINT PAUL, ,�i'ESOTA �� � t� ��U v
� A
� , PETITION TO AMEND CHAP'PERS 60 th ; LEGISLATIVE (ZONING) CODE '� �� �� �
� � Note: The signer should appraise himse es permitted under the new classi-`�� ��
� �� fication before signing this petit *�urther information about the v} I�I
Qi I
, � rezoning of property, call th . Ztini,ng Office at 223-4151.
�'� � (Pleasei�°j� ���� kint)
� � nate: February 12, 1970
TO THE HONORABLE MAYOR AND CITY COUNCI ',
c/o the City Clerk, Room 386 City Hall
a City of Saint Paul, Minnesota
c— �
� Pursuant to Section 64.06 af the Leg' �he undersigned owners of
o�... two-thirds of the several descript tuated within 100 feet of
� the real estate affected, hereby a `owners of 50%, or ►nore of �
the frontage to be reclassified, pe e Body to rezone the follow-
� ing described property;� ('l�gal descri address) j,pta 24 25 2�,
`^�` � 27, and 28 in Block 2 0�' C. W�. Yotfi��n'�s Rearrangement�af �locl�s
2, Palisade Addition.
i
� from B Residenti.al District to COICI[rierCi81 District, for the
purpose of ��9�RZ�XH�[�H�:ligX�[lQlf�DC�XK9��K�4iI4�� Off-street
(describe briefly the proposed faciiity) parking facility in conjunction
with an office building on 2346, 2340 and 2334 West 7th Street,
Saint Paul, Minnesota
RECORD OWNER SIGNATURE LOT BIACK ADDITION
Subject Property: ( Chicago, Milwaukee, ( 24,25 C.W. Youngman's
Chica o Milwaukee St. Paul & Pacific of
St. Paul & Pacific ( Railroad Company, a ( & 28 2 Block 2, Palisade
�-f Railroad Com an a Additio .
� „ corp.� � &��32
�� ��
...
� � ,�
� �� ( ( 12 ��
(except wid. for W.7tt
� ° � ✓ , , � 2'3'4
�i,��;�-�% 5 6 � Palisade Addition
`,,'�� i t - -�- � & $ � ��
- �.. �,-h..�-t L,,
� ✓homas C. & Alice M. � C.W. Youngman's
.C.A� 5 2 of
Block 2, Palisade
.M.A. � pt wid.
for W. 7th Street)
�Francis W. & Alice M.
r�1��!�, n u
.M.C.
�' Minnie M. Burns .M.B. 8 " "
Edward G. & Fearl L. ) 29 ,30
✓We rneke �� ��
.L.W.P �l
State of Minnesota � ss
County of Ramsey (
Arthur E. Rehnberg being first duly sworn, deposes and states that he
is the person who circulated the within .peti�tion consisting qf $ 2 page�;
� tfi at the parties described above are the owners respectively of� th�o�Cs placed
immediately following each name; that this petition was signed by each of said
owners in the presence of this affiant, and that the signatures above are the true
and correct signatures of each and all of the parties o descr bed
�ubscrzt�d and sworn to before me�
:�tt�is ���.Tday of February, 1970
� ;� �
a .' ddress: 1 4 Payne Avenue
�' � Telephone�v'. Pau1, Minnesota 551
'.,
No a;x �ubl�.r„ ftamsey County, Minn. 774-9771
Myk��pommission expires Approved as to form 1/4/65
, �.��` . - FHYLLIS M. WOTNE;
FGI 1/5/55 ^. Notary Pubiic, Ramsey County, Minrr: Office of the Corporation Counsel
• �ly. Commission �xpires Mar.21, 197�
_ '���.
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• '� �- � City of Saint Paul, Minnesota
. PETITION TO AMEND ORDINANCE N0. 5840, THE BUILDING ZONE ORDINANCE
' The signer should appraise himself of the uses permitted
uader the new classification before signing this petition.
For further information about tbe re-zoning of property�
call the Board of Zoning �ffice Ca. 4-4612� Ext. 251.
(Please type or print)
* ' Date: February 12th
1970
TO THE HONOAABLE MAYOR AND CITY COUNCIL
°6 the City Clerk
City of Saint Paul, Minnesota
Pursuant to Sectioa 23, Ordinance 5840, we� the undersigned owners of two-
tbirds of the several descriptions of real estate situated within 100 feet of the
real estate affected, hereby acquiesce; and we, the owners of 5096 or more of the
frontage to be reclassified, petition your Honorable Body to re�ox�e tkg f��owiy,�g �7 & 28
described prope ty: (legal de�smcription and st�reet �ddr�s$,�loCkS#24, Pa 1 i sade Add.
in block #� of c. w• Youn ans rearran emen o ts
trom a B residential nistrict to a Commercial District,
for tbe purpose of installiag, constructing and/or operating the following:
(describe briefly the proposed facility) Off-street parking facility 3,n
con�junction with ar� office building on 2346, 2340 & 2334 W�et �thn S�reet
RECORD OWNER SIGNATURE LOT BLOCK ADDITION
C.W.Youngmans
Rearran ement of bleck
Palisade Addition
3
4
State of Minnesota)88
County of Ramsey )
Arthur E. Rehnberg being first duly swora, deposes and states
that be is the person who circulated the within petition consisting of 2
pages; tbat tbe parties described above are the otwners respectivelq of tbe Lots
placed immediately folloWing eacb name; that this petition was sigaed by eacb of
said owners ia tbe presence of this affiant, and that the signatures above are
the true and correct signatvres of eacb and all of the part es so described.
Subscri� and sworn to before me �/ �
tbis — day of j 70
/� �.c�.,.
Rota Public,Rans� oun y, �[inn.
My Commisstotz expires Page 2 oY 2 pages.
PHYLUS M. WOTHE, . APP��d a8 to form 7 2 54
Notary Public. Ramsey County, Minn. Office af tbe Corporation CouriSel
�y � �N�s VA�r.21, 1975
Z-1 7/2/54
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C,�
DEED OF IvTEGATIVE EASEMENT
, AND ACCEPTANCE OF ORDINANCE
THIS INDEraTURE, made and executed this 16th day of
September , 1970, by and between Chicago, Milwaukee, St . Paul
& Pacific Railroad Company, a corporation, of the County of
Ramsey, State of Minnesota, hereinafter designated "the �first
party", and City of Saint Paul, hereinafter designa�ed "the
second party"; '
WITNESSETH ; �
WHERF.AS, The first party, on �nd for a considerable period
of time next preceding the %� � day of
��`' ' 1974, was and
ever since said date has been the owner af' ��l of
the following
described r.Eal estate situate in the City of Saint Paul, County
of Rams�y, State of Minnesota, to-wit :
i
Lots 2�, 25, 26, 27 and 28,
B1ock 2, C. W. Youngman �s �
Rearrangement of Block 2, `
Palisade Addition to Saint Paul; _
and '
's
� WHEREAS, Said real estate on said date and for a consider-
able period of time next r��
preceding the same, was zoned and
classified in "B" Residence District under and by virtue of
Chapters 60 to 6�F, inclusive, Zoning Code, Sain� Paul Legislative
Code, as amended, and pursuan� to the petition of the first
party 'the Council of the second party, according to the provisions
of said Zoning Code, as amended, and the �tatutes of the Sta'�e of
Minnesota, in such cases made and provided, taith the written
< •
acquiescence of the owners of two-thirds of �he several descrip- ;
tions of real estate situa�ed within 100 feet of said real estate,
duly enacted City of Saint Paul Ordinance No. ��� '�/ '� C. F. No.
a ,
° `� `� i-�~' , approved ,.) i�:._ -
f �' '� , 1g70, and published in the
Official Newspaper of the second party on �he �' � t�` c�ay of (
����� ,`� '
1970, amEndin� said Zonin; Cod�, as amendc.d, so �h�.t said herein-
above described real es�ate was �}�zereby and thereunder rezoned
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and reclassified from "B" Residence District to Commercial District,
subject to especial exceptions and conditions :in the nature of
especial restrict�ons upon the use of the same whereby the use and
employment of said hereinabove described real estate was restricted
to the following uses and employments, sub�ee� to further rezoning
and reclassification of the same by virtue of proceedings therefor
thereafter instituted, conduc�ed and completed, according to
applicable provisions of said Zoning Code, as amended, and of
statutes of the State of Minnesota, to-wit :
Commercial District for the purpose
of an off-street parking facilii�y to
be used in con�unction with a proposed
office building on West Seventh Street;
subject to all applicable statutes,
ordinances , rules and regulat3ons pre-
scribed and promul�ated by governmental
agencies having cognizance;
. i
arid �
WHEREAS, The first party, for itself, its heirs, administrators,
executors and assigns , intends hereby to accept said Ordinance No.
r
/�-�� � �� , and to provide for �he impositian, maintenance, and
enforcement of such especial restrictians upon the use of said
hereinabove described real estate to run with the land and to
grant unto the second party, in further compliance with the con-
ditions of said Ordinance No.J�-�;� � , a negative easement therefor;
NOW, THEREFORE, the first party, as such owner of said herein-
above described real estate, far itself, its heirs, administrators,
executors and ass3.gns, does hereby covenant and bind itself, its
heirs, adminis�r.ators, executors and assigns, unto the second
party tha�, in accordance with said 7oning Code, as amended,
particularly as the same has been amended by said Ordinance No.
r �•j '� � C , said real estate has been effec�ively res�ricted and
limited in respect of its use and employment and shall henceforth
be restricted and �limited �.n such particu�.ars as follows, to-wit :
2
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1. That, sub�ect to any further reclassi-
fication of the hereinabove described real es�ate �
by virtue of proceedings therefor hereinafter
instituted, conducted and completed according to
the applicable provisions of said Zoning Code, -
effective as of the da�e of said petition for
reclassification and the applicable provisions
of the statutes of the State oP Minnesota, hereby,
the employment of said real esta�e henceforth is
restricted and limited to the following specified
use, to-wit�: �
Commercial District for the purpose
of an off-street parking facility to
be u�ed in conjunetion with a proposed
- office building on West Seventh Street;
sub�ect to all applicable statutes ,
ordinances , rules and regulations pre-
seribed and promulgated by governmen�al
agencies having cognizance,
and the said first party, for itself, its heirs, administrators,
executors and assigns hereby grants , conveys, and warrants unto
�he second party, sa,zd City of Saint Paul, as such municipal
corporation, in trust for the benefit of the public, a perpetual
negative easement in and to said hereinabove described real estate
and all thereof, for the impositi,on, maintenance and enforcement
by �he seeond party, as such munic3.pa1 corporation, of the afore-
said restrictions and limitations upon the use and employment of
said hereinabove described real estate, to run with �he �.and , and �
for good and valuable consideration, the receipt and sufficiency
whereof by the first party hereby are acknowledged .
FiTRTHER, the first party makes reference to said Zoning
Code, as amended, and by reference incorporates the same herein;
as part hereof, wi•th the same intent, purpose and effect as if
said Zoning Code, as amended, were fully set fort;h herein; and
makes further reference to said amendatory Ordinance No. ;
3
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and said first party, for itself, its heirs, administrators ,
executors and assigns , hereby accepts said amendatory Ordinance ' .
No. j� �14� , and every provision, term and condition of the same
without reservation or exception.
IA1 TESTIMONY WHEREOF, said �first party, Chicago, Milwaukee,
St . Paul & Pacific Railroad Company, a corporation, has set its
hand to this instrument as of the day and year first above �
written.
i
!
In Presence Of: _
, `� ,
,�Ct�.�F _ _ ;.-_
. , . �,�--_--
� ; �J /E' C. Adams icago, Mi�.w ukee, t . Paul
- �.>� �- � & Pacific Railroad Company ;
� D. L. OPP—egar�c C. E. Crippen f
Its PRESin!?!�'� �
�
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� � t1 .�{�7- '
� � Asr>i��er,�;.� �� r
. G. E. Pott'inger F
F�uK`M APPRUVEU- :-
Asst, Corporation Counsel.� `�
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STATE OF _ I LL 1 NO!S
ss . �
COUNTY OF COOK�
On this 16th day of September , 1970, before
me appeared ,C. E. Crippen '�o me personally
known, who, being duly sworn, did say that he is the President
of the�hicaqo, Milwaukee, St Paul � Pacific Railroad
Company
and that the �ea1 affixed to the foregoir�g instrument is the
corporate s�eal of said Corporation, and that said instrument was
signed and sealed in behalf of said Corporation by authority of
its Board of D3rectors, and said C. E. Cr�pen
acknowledged said instrument to be the free act and deed of
said Corporation.
� ,
otary Public, � �' �.
• My commission expires
f�1fl4��hA F�� K£Et3�t8,3�3.
8��+�t r�aAllc, Cook Caunty� (N�
�+'i;► C� �tmissic;� �.xoires NoNs 3Q. 19Y1
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DEED OF T'EGATIVE EASEMENT
. AND ACCEPTANCE OF ORDINANCE .
THIS INDENTURE, made and executed this t6th day of
September , 1970, b� and between Chicago, Milwaukee, St . Paul
& Pacific Railroad Company, a corporation, of the County of
Ramsey, S�ate of Minnesota, here�.nafter designat�d "�he first
party", and City of Saint Paul, hereinafter designated "the
second party"; `
WITNESSETH ; �
WHEREAS, The firs� partv, on and for a considerable period
of time next precedino the l� � da of
y �� , 1970, was and
ever �ince satd date has been the owner of �1, of
the following
described r.ea1 estate situate in the City of Saint Pau1, County
of Ramsey, S�;ate of Minneso�a, to-wit : �
'
Lots 21�, 25� 26, 27 and 28,
B1ock 2, C. W, Youngman �s
Rearrangement of Block 2,
Pali�sade Addi�ion to Sain� Paul;
and
WHEREAS, Said real estate on said date and for a consider- .
�-_
able pe.riod of time next preceding the same, was zoned and
classified in "B" Residence District under and by v:Lrtue of
Chap�ers 60 to 6�, inclusive, Zoning Code, Sain� Pau1 Legislative
Code, as amended, and pursuant to �he petition of the first
party the Council of the second party, accord�.ng to the provisions
of said Zoning Code, as amended, and the atatutes of �he Sta�e of
Minnesota, in such cases made and pr�vided, with the written
� .
acquiescence of the owners of two-thirds of �he several descri��-
tions of' real es�ate situated within 100 feet of said real es�ate,
duly enacted City o.f Saint Paul Ordinance No. �'�, .�/ '�, C, F, No.
�- ;� , -•-�
" � / .�.� , appr�ved ,.; �.�:._�- -�,�, , 1910, and published in the
Official Newspaper of the second party on the f ( t�` day af `f {
�J.+� ` '
1 9 7�, am�nding sa�d Zonin� Code, as amended, so that said h�r�ir�-
ab�v� deacribed �eal es�ate was �hereby and thereunder .r�zoned
,
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. � i;. .,''�Ci9}�[�31lM'#�`Y �! . .
- . -'�' . � .. . : . . Y�yY'".:iX .,.:�:.. ..u+u.::�w.n�3�nim�"'': ',.. .�:�TM�J.Mf..Y. .. . . .
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and reclassified �'rom "B" Residence District to Comm�rcial District,
sub�ect to especial exceptions and conditions in the nature of
especial restrictions upon the use of the same whereby the use and
employment of said hereinabove described real estate was restricted
to the follnwing uses and employments; sub�ec� to fur�her rezoning
and reclassificat3.on of the same by virtue of proceedings therefor
thereafter insti'�u�ed, conduc�ed and completed, according to
applicable provisions of said Zoning Code, as amended, and of
statu�es of the State of Minnesota, to-wit : �
Commercial District for the purpose
of an off-street parking facility to
be used in con�unction with a proposed
office building on West Seventh Street;
sub�ect �o all applicable statutes,
ordinances, rules and regulations pre-
scribed and promulgated by governmental
agencies having cognizance; � � f
and �
;
WFiEREAS, The first party, for itself, its heirs, administrators,
executors and assigns , intends hereby to accept said Ordinance No.
/`�`� � �
'� , and to provide for the 3.mpositian, maintenance, and
enforeement of such especial restrictinns upon the use of said
hereinabove describ�d real estate to run with the land and to
grant unto the second party, in further complianee with the con-
ditions of said Ordinance No.��t;� y , a negative easement therefor;
NOW, THEREFORE, the first party, as such owner of said herein-
above described real estate, for itself, its heirs, administra�ors,
executors and assigns, does hereby eovenant and bind itself, its
heirs , administrators, execu�ors and assigns, unto the second
party that, in accordance with said Zoning Code, as amended,
particularly as the same has been amended by said Ordinance No.
�
( �-�'� � � , said real estate has been effectively restricted and
limited in respect of its use and employment and shall henceforth
be restricted and limited in such particulars as follows , to-wit :
2
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.,..t,__�.-..... . . . .. �� . .v'9�: .�,: . �>;_. .�_....,�;:� •.
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... ........ . . . .... . .... . . .. .�.. .. . .._.._.. _�.,.... . ._._..... ......_.. . �.-.. �
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♦.
1. That, sub�ect �o any further reclasai-
fication of the hereinabove described real estate
by v3.rtue of proceedings therefor hereinafter
ins�ituted, conducted and completed according to
the applicable provisions of said Zoning Code,
effective as of the date of said pe�ition for
reclassification and the applicable provisions
of the statutes of the Sta�e of Minnesota, hereby, ;
the employment of said real esta�e henceforth is ;
restricted and limited to the following specified !
�
use, �o-wit-:
Commercial District for the purpose
of an off-stree� parking facility to .
be u�ed in conjunction with a proposed �
office building on West Seventh Street;
sub,ject to all applicable statu�es ,
ordinances, rules and regulations pre-
sei°ibed and promulga�ed by governmental
agencies h.aving cognizance,
and the said first party, for itself, its heirs, administrators,
executors and assigns hereby grants , conveys, and warrants unto
the second party, sa�.d City of Saint Paul, as such muni�ipal
corporation, in �rust for the benefit of the public, a perpetual
negative easernent in and to said hereinabove described real estate
and all thereof, for the imposit3,on, maintenance and enforcement
by the second party, as such municipal corparation, of the afore-
said restrictions and limitations upon the use and emp�.oyment of
said hereinabove described real estate, to run with the land , and
for good and valuable consideration, the receipt and sufficiency
whereof by the first party hereby are acknowledged . �
FURTHER, the first par�y makes reference to said Zoning
Code, as amended, and by reference incorporates the same herein;
as part hereof, with the same intent, purpose and effect as if
said Zoning Code, as amended, were fully set forth herein; and
makes further reference to said amendatory Ordinance No. ;
3
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and said firs� par�y, for itself, its heirs , admini.strators, ,
execu�ors and assigns , hereby accepts said amendatory Ordinance
No . �i� �� 4j , and every provision, term and condition of the same
without r.eservation or exception. .
IN TESTIMONY WHEREOF, said first party, Chica�o, Milwaukee,
St . Pau1 & Pacific Railroad Company, a corporation, has set its
hand �o this instrument as of the day and year first above j
. ,
written . :
`
i
i
,
In Presence Of: _
,�L ` -. :� .��,-:_ �
J%
, �; � /E� C. Adams icago, Mi w ukee, t . aul i
� .� & Pac�fic Railroad Company ;
j D. L. Oppeg�ar�c C. E, Crippen !
`� Zts PRES1n�N'C �
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A�'T�sT; S-- ;
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�t, � ;����� �
Assa�� ��c ���€ �
� G. E: Pottinger �
�
. �
FORM APPROVED.
Asst. Corporation Counsel .
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STATE OF _ I LL I NO I S - � �
ss .
COUNTY OF COOK
On this 16th day of September , 1970, before
me appeared ,C. E. Crippen to me personally �
�
known, who, being duly sworn, did say that he is the President
of the Chicago, Mi lwaukee, St. Paul � Pacific Rai lroad
Company
and that the seal affixed to �he foregoing instrument is the �
corporate s�eal of said Corporation, and that said instrumen� was ;
signed and sealed in behalf of said Corpc�ra�ion by authority of `
its Board of Direetors, and said C. E Grippen
�
acknowledged said instrument to be the free act and deed of � i
1
said Corporation. ;
�
�
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� � �� i
--- ,
° otary Public, , ;
My commission expires
E7�;�'�t3t�fl P�� K�Et3.�tF�,l�i�
���+v�r �ubilc, Cook Caunqr� IN. �
�+�;� C� <?mfssic+�� Lr.oires Nod` 3Q. 19Tt
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DEED OF NEGATIVE EASEMENT
, AND ACCEP�'ANCE OF ORDINANCE
THIS INDENTURE, made and executed this 16th c}ay of
September , 1970, by and between Chica�o, Milwaukee, St . Paul
& Pacific Railroad Company, a corporation, of the County of
Ramsey, State of Minnesota, hereinafter designated "�he first
party", and City of Saint Paul, hereinafter designated "the
second party";
WITNESSETH: �
WHEREAS, The first• party, on and for a considerable period ;
of time next preceding the 11 � da of
y , 1970, was and
ever since said date has been the owner of 1 of the following
described real estate situate in �he City of Saint Paul, County
of Ramsey, State of Minnesota, to-wit : �
�
,
Lots 2�+, 25, �6, 27 and 28, • �
Blockc 2, C. W, Youngman 's �
Rearrangement of Block 2, '
Palisade Addition to Saint Paul; �
and '
WHEREAS, Said real estate on said date and for a consider-
able period of time next f�
preceding the same, was zoned and
classified in "B" Residence Dis�rict under and by virtue oi'
Chapters 60 to 6�+, inclusive, Zoning Code, Saint Paul Legisla�ive
Code, as amended, and pursuant to �he petition of �he first
par�y the Council of the second party, according to �he provisions
of said Zoning Code, as amended, and the �ta�utes of the State of
Minnesota, in such Gases made and provided, with the written
o .
acquiescence of the owner� of two-thirds of �he several descrip-
tions of real estate situated within 100 feet of said real estate,
duZ� enac�ed City of Saint Paul Ordinance No. ��� ;�/ '� , C. F. No.
"` `� `/ .�� � , approved ..) ��:._��' -::;� , 1970, and published in the
Official News a er of the second � `
� A party on the j f tf` day of`� ,� :
� ,
1g70, amending said Zoning Code, as amended, so that saidrherein- ;
above described r�al estatie was �hereby and thereunder rezoned
,,y� !
��:��.;�,�,-_. �_..V, ,
_ -�,.--�,... . ._. ,,..� ..�.���.,
,�,.�,�,.�„_...,_�, ......��..�..�.. �
_ ..
.�-�-,�,.�„���;,�,.,_. ,._.. ._,.w,,,�;.g,,.,...,,�,
, � r:• <� , , . .,... .- �
k'
. , . .�g�w.C�.�.. . � . .. . . . . . .. . _ . . . . s�e<� . , ... _. ...._.e�a'jtt �..0 � .. �:�+."".fk1�� .... ..
•
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and reclassified from "B" Residence District to Commercial Distric�,
sub�ect to especial exceptions and conditions in the nature of
especial restrictions upon the use of the same whereby the use and
employment of said hereinabove described real esta�e was restricted
�o the following uses and employments, sub�ect to fur�.her rezoning
and reclassification of the same by virtue of proceedings therefor
thereafter insti�uted, conducted and completed, according to
applicable provisions of said Zoning Code, as amended, and of
� statutes of the State of Minnesota, to-wit :
Commercial District for the purpose
of an off-street parking facility to
be used in con�unction wi�h a proposed
office building on West Seventh Street;
sub�ec� to all applicable statutes,
ordinances, rules and regulatlons pre-
scribed and promulgated by governmental
agencies having cognizance; i
� i
and �
i
WHEREAS, The first party, for itself, its heirs, administra�ors,
executors and assigns , intends hereby to accept said Ordinance No.
�
/�-�'� � �'( , and to provide for the imposition, maintenance, and
enforcement of such especial restrictians upon the use of said
hereinabove described real esta�e to run with the land and to •
grant unto the second party, in further compliance with the con-
ditions of said Ordinance No.J���;p � , a negative easement therefor;
NOW, THEREFORE, the first party, as such owner of said herein-
above described real es�ate, for itself, its heirs, administrators,
executors and assigns, does hereby covenant and bind itself, its
heirs, administrators, executors and assigns, unto the second
party that, in accordance with said Zoning Code, as amended,
particularly as the same has been amended by said Ord3.nance No.
( �-�'1� C , said real estate has been effectively restricted and
limite�d in' respect of i�s use and employment and shall henceforth
be restricted and limited in such particulars as follows , to-wit :
2
� i
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. ��
, �
.: ,. -�- . ,.�..::. .� ..,_.._. .yr�..,m.�..,�...�.Y....�,_ K_.....�.�,.��
., �� : �,�,��, ,�
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, , . ,:K���,. : . .., .:�.._ �_.�� .: . ; �.��. ..
.
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,
' _.. ,._... ,�_..._ .�.�.__ ___... ___._��..�._ �
�
, ��
• , 1
`,
1. That, sub�ect to any further reclas�i-
fication of the hereinabove described real estate
by virtue of proceedings theref'or hereinafter
instituted, conducted and completed according to �
the applicable provisions of said Zoning Code,
effective as of the dat e of said petition for
reclassification and the applicable provisions
of the statutes of the State of Minnesota, hereby,
t
the employment of •said real estate henceforth is
1
restricted and limited to the following specified �
R
US@� 't0-W�.'� :
Commercial Distr3.ct for the purpose
of an off-street parking facility to
be u�ed in con�unction w3th a proposed i
office build3.ng on West Seventh Street; '
sub�ect to all applicable statutes , �
ordinances , rules and regulations pre-
seribed and promulga�ed by governmental
agencies havin� cognizance,
and the said first party, for i�self, its heirs, administrators,
executors and assigns hereby grants , conveys, and warrants unto
the second party, sa�.d City of Saint Paul, as such municipal
corporation, in �rust for the benefit of the public, a perpetual
negative easement in and to said hereinabove described real estate
and all thereof, for �he impositi,on, maintenance and enforcement
by the second party, as such municipal corporation, of the afore-
said restrictions and limitations upon the use and employmen� of
sa3.d hereinabove described real estate, to run with �he land, and
for good and valuable consideration, the receip� and sufficiency
whereof by the first party hereby are acknowledged . �
FURTHER, the first party makes reference to said Zoning
Code, as amended, and by reference incorporates the same herein;
as part hereof, with the same in�ent, purpose and effect as if
said Zoning Code, as amended, were fu11y set forth herein; and
makes further reference to said� amendatory Ordinance No. ;
- 3 �
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.�.. .. ..._ . .. .. .. .. . .
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,
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♦� , ' �
�
��
and said first party, for itself, its �eirs , administrators,
executors and assigns , hereby accepts said amendatory Ordinance
No. jt� j� �� , and every provision, term and condition of the same
without reservation or exception.
IN TESTIMONY WHEREOF, said first party, Chicago, Milwaukee,
St . Paul & Pacific Railroad Company, a corporation, has set its
hand to this instrument as of the day and year first above
written.
� � 4
t
In Presence Of: _ :
,�'� - .,�,,�,_�, :^r..,-._ ;
; � /E� C. Adams hicago, Milw�.ukee, St . Paul
?. �L�-'��___. & Pacific Railroad Company ,
// D. L. Oppega� C. E. Crippen i
r/ Its PRF.Si1�!?NT' �
i
i ATTE�T' � � :
, r� j
J '�z�2,.
....
� Assf��,��� :�� �n�; ;
• G. E. Pottinger I
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r
_�::�.�:�::..�v.�,.�... .::.�....�.......,.w,,...,,....,�,..,.:.:w, ..._.-�,,......u.,,�.,..... ....:,<..�:.�-��,,.,
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STATE OF _ I LL I NO I S
ss .
COUNTY OF COOK
On �his 16th day of September , 1970, before
me appeared �C. E. Crippen to me personally
known, who, being duly• sworn, did say that he is the President
of the �hicago, Milwaukee St Paul � Pacific Railroad
Company
and tha� the seal affixed to the foregoing instrument is the
corporate seal of said Corporation, and that said instrumen� was
signed and sealed in behalf of said Corporation by authority of
its Board of Directors, and said C. E. Grippen � r �
acknowledged said instrument to be the free act and deed of �
said Corporation. �
;
�
otary Public, , .
My commission expires
�AY6�NS� f�� K£EQl�iB,dFi,
���+�y F'ubUc, C:ook Counb►� IN,
'+�y Cf ��istlssicr� Exoires NoN� 3Q. 19'l.l
ri • __
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' .: Fj^, - ._. ,.,... ...
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ln����:t,���f�' l�aul���a��
��aa�. . STATE OF MINNESOTA
,�Q�'��"��':��'°t Pa„� County of Ramaey es.
' �:� CITY OF SAINT PAUL
.T�s �thh: Cods as �
tQ e�" �' "�� �-.
. ..��� . .:� , �_ �r� �i• J7�.r$iiRJ.l.
'o�=a'y� I+- --- -----•--•----- -- -------•----•-------...--•..............................Citq Clerk
� � �. " �.
------ •--.. --------- --------
,aaxq� ad ar�:r�
„m�•.��na��s '�� of the City of Saint Paul, Minneaota do hereby certify that I have
l�erat�:l� °"J� aes� �34f�rSe� ta
��.� ��. �: eF 2�
� `� �,:s�; s�r ;�d �a, ��e.�{� ' 9359
`` �.'�. Y ,8 compared the attached copy of Council File No....... ..............•---.... .....
_._...
� �.a3lock�,r, �'��waac: ; �t�
„_ , � ,
' � � ':no�; �ao. �. I as adopted by the City Council...___._J�.��.._..---...-_...............19..1��.--
• �t��Cri�a�b� ��'��►ul• �
eetf�ri�iFtl�s�$'�t��+�E �
� . „ . ,, , , �
° �.. � and approved by the Mayor................�..�_.�!:..._�.---------..............----.19_.........--••--
.3 �a i� ��.�b-
e�� �e . ����,��- with the original thereof on flle in my o$ice.
• �kions.: -" •
, i.• alt sub�� L`o.a�} �e-
�t f ._ � "� e
,� � ��re
� ' pa�d��br�lntpt��ed, ---------------------°----_..------...-----°--°°-------•°------------...-----......_....----------...------------------•----._....
�C����d', r to
��ge.�� ve +►s af`th�'Of.
seid x
�a3id .-°------------------------°-------------------------....---.._..._._...._......--------------°--....--------------....._.......-----
tl� ap , '.''ttte sta-'
r .
" � hereb
the� �ypte�t t�_,t�i e�tat�e
�mc�.is rarit�'1� ��i;/W ......................................................•-----•-----••-•-----•----..................-•--•---...........---......_.........
mb wi�B��c �e, ��«�,
Gom�nerc�'D�letzf.dt�or�T�`ia'p -
�°�°�'`��`� ` ��Q�- ..................•----•----....................................---..................._..........-----..................................
� , ,�d e�b ' oa�wat
�e�ntxs 8�t sul� ' a�a�p�
. . . . �d ........................•°-------._._..._........----°-°--------...°------°--....._....................--•-°---...................
sncC� '
��rr1l�a�al��e�_
,a :
. a 7�t��.ea��at sa� ra►i � ------------------------------------------------------•------...._..._...-------------------......--------------......__.._......._.....
��.'%vft �f�e d o�� f�)
Git�'�Cherk. #a�' 'a4e�e����1e�t�e •...................................°---------------.._..-----•--------------....._....-°------.....-----.............-----....__.....
�
co� sipi�aa�tsi�r"s' ' ac-
�+�'t�e�rJ��� �e�°inouYpora-
i
1�L..A�oe�' th��r . sa3rJ?�wriar's
�ppt illitt8��m��t�8a#i�t P�tst1 of ------•----•-----------------------------------------°--....._.._....._........---------•------..,.
1R rn�v$ a�st'�ie'e�d,reai ..................................°
�,���llq'��a�d���,
�S ` ------°----°°°°------°°---------------°---°--°----^-------....._._._._
.._..-°------°..........................•----°----°
'��.�m� �-��
'���:�������°
�.„�•.aaa r�w�iar,t�e,�`�r'�i'�. -----•-----•----•--------------------------------------•-----------------•------•--.._...._.......------....._....---.._..--•--•-----•--
�oet�bce>�o: r.;;�i l?�c�s.
`���'� � �`�►����� I further certify that said copy is a true and correct copy of
"G��� �4t���;and
�. �,�,_ ���- said ori�inal and the whole thereof.
' ' alfi'�ti .ae�Ns-
��y„, ����" f°p�, WITNESS m�►hand and the seal of the City of Saint Paul, Minn..
,�pon r�hE a�e�ia . �a►e�
�
a�nan�����• �,�'� � this._.........8th. day of-----��" - .A. D. 19 70
,� �� p' ----------- ----�-..��..... �,.
. , ; )/�
. : O -- =--2�'-----... .__�..-:. ! 1..--�=-- ..
;r ''� � ' City �Clerk. -..---
e�4ti�ance s}i i �
I� {dtv��eist� < Y`.
�t�,�►'�aN°t�r r*�►4S(d;�
I��ilob�i 43 the fb�" �;�7A.i
`�'�'Eo+une�s+�
�t�. BDr�is A�r.� �
�'- ' p:.
�� � f��'—�l..'
J�rre�ed Jti�y 9� 1�D.
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. �
'`_ �. s�ir`�r 31. 1940)
.�! � . '
. .
' ` DEPARTMENT OF FINANCE
. � CITY OF SAINT PAUL
MINNESOTA
113 Court Hou�,6b102
JAMES J. DALGLISH, Commissioner
LOUIS H.MeKENNA, Dsputy Commiuionsr Phons:223-4646
April 30, 1970
To the Council
City of Saint Paul
Gentlemen:
I have checked the attached petition of Chicago, Milwaukee,
St. Paul Pacific Railroad Company, filed in the matter of rezoning,
Lots 24, 25, 26, 27 and 28, in Block 2, of C. W.
Youngman's Rearrangement of Block 2, Palisade Addition.
The property is located on the north side of Benson
Avenue between Alton and Madison Streets,
from a Class "B" Residence District to a "Coa�ercial" District,
and find that said petition is insufficient.
s very�ly,
r �
,; ;
, � /�.�Ci
: ames J. �lglistX
� Commissitsner of inance
Re: R-889
c.c. Mr. Ames
N. R. Heiden
Frontage: 100�
Parcels Eligible - 26
� Parcels Signed - 17 or 65.77%
Needed - 18 or 66-2/3�
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, ,
MILWAUItEE RAILROAI3 (6/4/70) (Continuedj:
Mr. Skarda noted that the parking is �o be used with an of£ice building that
was constructed in 1964. The residents are trying to prevent encraachment
iz�ta the residenti�l �re8.
N,r. McPartlin moved for approvaL of the petitiox� with a neg�tive easement
thst thia be used only for paxkiag. Mr. Gauger seconded th� motion, which
carri.ed unaaimausly.
Later in thE meeting it was the finding af the Bo�rd, by a 5-0 vote, that the
recanmmend��ion on this matter st�ould be trensmttted to Cauncil for the June 9,
1970, hearing and that a draft of the Board's mix�utes should lse prepared to
accompany the matter to CounciL.
DRAFT -- MIi�U1'LS Nf�T APPR.Q'i�D BY BQARI3 OF ZQ�'IIdG,
Submitted by: Calonel L, Soreusoa Robert Le Ames, Chairman
y f � �
City•Clerk
� CITY OF SAINT PAUL
MINNESOTA
DEPARTMENT OF FINANCE
113 Covrt Flouse 55102
p�Sy 2$� 19��
File R-889, Page
You are hereby notified that a public hearing will be held in the
Couacil Chambers of the Court House and City Hall in the City of
S t. Paul at 10:00 a.m., ou June 9, 1970, on the petition of the
Chicago, Milwaukee, St. Paui and pacific Railroad Company, to rezone
fran a Class "B" ResLdence District to a "Co�ercial�" District on the
following property: Lots 24, Z5, 26, 27 and 28, in Block 2, of C. W.
Youugtaan's Searraags�aent of Block 2, Palisade Addition. The property
is located on the aorth side of Benson Avenue between Alton Street
and Madison Street.
For further iufarmation contact the planning Board, 8oan 1010,
Cosaaerce Building or telephone 223-G�51.
JAMES J. DALGLISH
Coa�issioner of Finance
O
� ..
r:ILWAUIZES RAII.ROAD (6/4/70) (Con�inued):
of Finance declared this petition sufficient with the owners of 18 of a possible
26 parcels having signed the petition. A 52-car off-stree� parking facility is
proposed for this site, to be used in canjunction w�th a proposed office building
on property now occupied by 234.6, 2340, and 2334 West Seventh Street. The site
has a frontage of 200 feet along unimproved Benson Aven.ue with a depth of 144
feet, resulting in an area of 28,�00 square feet. The Comprehensive Plan ca11s
for Railroad use of this property with the surxounding areas having designatfons
of multiple�family, medi�m-densit� residentia�, and limited industrial. The
CouQnercial uses frontimg on West Seve�th Street would be discontinued with a
new roadway and interch�nge in this are�. The site is level and at about the
same grade of surrounding properties. The prop�rtiy is vacant except for the
railroad tracicage acrass the southerly corcier. Co�ercial and residential uses
occupy the West Seventl� Street frontage to the northwest, The remaining surround�
ing ar�a is partiaPly developed with single-f�mily residences. ,A large apartment
development, Sibl�y Msnor, is c�ne-half block to the west.
In conclusion, Mr. Sorenson noted that the petition represents Conm�ercial
encroachment and thar the parlciug lot use may be detrimental to existing and
future law-density uses in ttae area. Commercisl zoning of this property would
allow other Commercial uses, other tteran just a parking lot as requested.
Mr. Sorenson explained th�t a p�r.king Iot at �hi.s location would create un-
desirable traffic on Benson .�venue and o�hex minor residen�ial streets or might
have access anly to ttie alley in this block wh�ch would also be undesirabl�.
Nlr, Ss�remson also noted, hawever, thst ]Light Industry zoning already exists in
this area 1 1/2 blocks to the e�st a�+3 that the railroad tracks would abut the
paxking lot.
P;r. Sorenson noted �hat a Council public hearing has been set for Tuesday,
June 9, I970, even thnugh the staff had not requested such a hearing.
Nir. McPartlfn not�d that in the cr�se o�f trnformal approvals by �ouncil, they
sometimes fo�Iow the day af�er a matter goes to the �oning Board for a
reeoflnaenda t ion.
r;r. Maiette said even if the property was rezoned to Cac�►erciaL and used for
Cammercial purposes rather than jus� s parkin�; lot, this would be favorable.
7fhe railroad is �.ndustrial and there would be no adverse effec� if a parking
lot is 3nstalled on the subject si�e.
r;r. Rehnberg stated they are buying a house adjacent to the site, and there
would be only one athex house ad�acent. The proposed building would front on
West Seventh Street; the houses presemely thexe will. be removed. The petitioner
owns four lots on West Seventh Street.
Mr. SkerdB qnestioned whether a11 the property on T�est Seventh Street is zoned
Commercial. Mr. Sorenson replied that oxa that block and on the south side
between Sibley rianor and past Snelling Avenue it is zon�ed Coamnercial. The area
south of the West Seventh Street frontage is zoned "B" Residence, generally.
BOARD OF ZONING REPORT AND ACTION June 4, 1970 nlat Ma� ��14
' Ac�ing under Legislative Code Chapter 60 thru 64
• passed August 22, 1922, as amended to April 6, 1970. 6976
1 - ��T';'LiCAN"C ;> N,9'�lE , Milwaukee Railroad
._, .,?,,qSSZE'ICA'I'I0N , �" I Amendmant 0 Appeal ❑ Permit L.J Other X_889
Rezone from "B" Residence to Commercial for the
3' T��1KP;J,I; ^ purpose of an off-street parking facility in
conjunction with an office building on W. 7th Street
4, L�CATI�JN ;
North side of Benson Avenue between Alton and Madison Streets
5. LEGAL DESGRIPTTON a Lots 24-28, Block 2, C. W. Youngman's Rearrangement of
Block 2, Palisade Addition
6� F':2i,5ENT Z�tdIPJ��� "B" Residence
7 . PU?�SUANT '1'� Zonin� CQde Chapters 64 Sections .06 Parat�raphs
9 � ��TAFF INv�S'I'I�;ATIf�N � REPORT; Date: 5/28/70 Dys CLS
A. SUFFICIENCY: In a letter dated May 7, 1970, the Cotmnissioner of Finance declared
this petition sufficient with the ownera of 18 of a possible 26 parcels having
signed the petition.
B. HISTORY: None for this property.
C. PROPOSED USE: A 52-car off-street parking facility is proposed to be used in
conjunction with a proposed office building on property now occupied by 2346,
2340, and 2334 West Seventh Street.
D. FRONTAGE AND AREA: The site has a frontage of 200 feet along unimproved Benson
Avenue with a depth of 140 feet. The resulting area is 28,000 square feet.
E. AREA ZONING: The lots fronting on West Seventh Street across the alley to the
northwest are zoned Commercial. The remaining surrounding area is zoned "B"
Residence with large areas of "C" Residence to the west and south.
F. COMPREHENSIVE PLAN: The Comprehensive Plen calls for Railroad use of this
property with the surrounding areas having designations of multiple-family,
medium-density residential, and limited industrial. The Commercial uses
fronting on West Seventh Street would be discontinued with a new roadway and
interchange in this area.
G. SITE CONDITIONS : The site is level and at about the same grade of surrounding
properties. The property is vacant except for the railroad trackage across
the southerly corner.
H. AREA CONDITIONS: Commercial and residential uses occupy the West Seventh
Street frontage to the northwest. The remaining surrounding area is partially
developed with single-family residences. A large apartment development,
Sibley Manor, is one-half block to the west.
9, BOARD ACTION: To Recotrnnend x� Approval � Denial Council Letter
Dated:
Moved by . McPartlin Ye83 Nays 6/8/70
Gadler Date of Hearing
Seconded by: Gauger x Gauger
x Maietta 6/9/70
Secretary's remarks: x Mansur
x Ames - Ch. Council Action
Subject to a negative easement to
use the site for parking purposes only. X McPartlin (Alt.)
Adkins (Alt.) Date
Rutzick (Alt.)
. , - ,
MINUTES OF THE PUBI,ZC HELIRING BEFARE THE BQARD OF ZQNING
on Thursday, Juna 4, 19�0, at 2:00 P,M.
PRESENT`: Messrs. Ames, Gauger, �icPartlin, Maietta, and Plansur of the Board, and
l�essrs. B�ocan and Sorenshn, Mrso Fr�n�zen, a�ad Miss Sperr of the staff.
PSr. Rutzick wss present but did not vo�e.
MJLLWAUKE� RAILR�AD: A pet�.�ics� t� reza�� from "B" Residence to Commercial for
the purpose o.f an off-street park�ing £acility iaa conjunction with an o£fice
building on West Seventh StrEet prnperty �.oc�ted on �he north side of Benson
Avenue bet�veen Alton and N`adisore Streets.
Mr. McPartlin noted th�t �t the City Caunci� �ublic rxear�.�.g this morning oa the
Ron Saxon Ford matter, it w�s �ecided ttaat as iong s� t'�e site would be used only
for parkiug, the �oux�cil ref�r?�ed tt�e mst�.�� �o the �orporation Counsei to 10find
� loap-hole" �o accomn°toda�� a parkin,a facility under the present "C" Residence
zoaxing.
P�r. Arthtrr Rehnberg, represe�tting the �e�:"ttianera ststed he has � coanmftiment to
four fam�il3.�s he would like to fulfill.
r4r. Leo S&arda, 2184 S�ec��r� Aver�ue� ap�eared �a reprasent �he West End Citizens
Co�cYm�i�tee, and questianed wh:�_re t4►� p�rking lot would be lacated.
N:r. �TcPartlin noted �het o�ce t�e grop�rty �.s rezoned, a Couxttercial use coeald be
incorporated.
A.r. Ames �E�ea r�ra Slcard�a *aia�ether I�is �f��13.stion. was wi�h a PAC group. Ix� reply,
Mr, Sksrd� stat�d it is a citizens g�oup o�.l.y; �hey are concerned whether the lot
would be n��th or �o�ett► of the railra�a� t;cacks.
A�aottaer area residen2, Dennis �I�1e, 2350 B�rs�on AventEe, Iooked over the map of
the site.
For clarification, i�ic. 2�3cl�a�rt2in noC�d �hat �he City �csuncil iatends ta determine
on Tu�sday, June 9, �97t�, how to designae� Isnd for garking purpose� only.
It was noted tay the petiCione� that a �ounci�. public h�e�ring has already been set
for �his matter; ttie da�e is �uesday, 3une 9, 1970.
In regard �o notifict�tivran Air, Sksrda qu�stic�aed wi?y no f.m.�diate residents were
pres�:nt besi.des r4r. H�le. H2 asked �rhether the staff goes along with the �aetftion
to rezone. r?r. Sorenson repl�ed th�t the staff had not given its report yet.
Mr„ McPartlin su�gested � n�e�ative easQ�ner t if t�e ��tit���e is r.�cou�e�ded for
approvel.
At ttsis point, D4r. Ames st�tc�d �he� t�e sta�f repor� should �e heard. r2ro Sorenson
su�cnnarized the report, 17lGt.I.�1'�T �hat in. a �et�er d�ated 1�Iay 7, 1970, the Commissfon�r
: . � ..
Harry E. MarshaU �„,. �^ Albert B. Olson
City Clerk and � �.�w , s Council Recorder
Commissioner of Repistratifln. �
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OFFICE OF THE CITY CLERK
CITY OF SAINT PAUL
BUREAU OF RECORDS
386 City Hall � � �'� �
St.Paul,Minnesota 5510�L G s P a� �� �
oi U�w �.7 7 0
�QRPpRAT�ON �OUNSEL�
June 9, 1970
Mr. Daniel A. Klas
Corp�ration Counsel
Building
Dear Sir:
The City Council today requested that you prepare an ordinance
granting ttE attached petition for rezoning to Commercial Distriet
Lots 24, 25, 26, 2� and 28, Block 2 of C. W. Youngman's Rearrange-
ment of Block 2, Palisade Addition, located on the north side of
Bensan Ave. between Alton and Madison Sts., SUBJECT to the condition
of a negative easement restricting the use of the property to "parking
only".
ery truly yours,
�/�
AO City erk
ng L
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` �C`�ARD OF ZONING CITY OF ST. PAUL , " � <
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1010 COMMERCE BUILDING • ST. PAUL,MINNESOTA 55101 • PHONE: 22fi�' "
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June 8, 1970 ,p� ; �" ;
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Mr. Harry E. Marshall .: ,." , ���,�, ,
City Clerk ' �'` - �'
����3 ' �
Room 386 City Hall ' ' +: `
Dear Mr. Marshall:
This is written in response to the petition of the Milwaukee Railroad to
rezone from "B" Residence to Commercial for the purpose of an off-street
parking facility in conjunction with an office building on West Seventh Street
property located on the north side of Benson Avenue between Alton and Madison
Streets, and noted in detail by the legal description on fi1e.
This matter was considered at the June 4, 1970, Board of Zoning meeting.
The staff report noted that it is proposed to develop this property with a
52-car parking lot to be used in conjunction with a proposed office building
which would replace residences at 2334-2346 West Seventh Street. The site has
a frontage of 200 feet along unimproved Benson Avenue, an area of 28,000 square
feet, and is level and at about the grade of surrounding properties. The site
is vacant except for the railroad trackage across the southerly corner.
Commercial and residential uses occupy the West Seventh Street frontage to the
northwest. The remaining surrounding area is partially developed with single-
family residences. A large apartment development, Sibley Manor, is one-half
block to the west.
Staff conclusions noted that this proposal represents commercial encroachment,
that the proposed parking lot use may be detrimental to existing and future 1ow-
density uses in the area, and that the proposed Commercial zoning would allow
other commercial uses other than that now proposed. The staff explained that
traffic access to this site using either the alley or minor residential street
would be detrimental. Staff conclusions also noted, however, that Light Industry
zoning already exists in the area 12 blocks to the east and that the proposed
parking lot would abut the railroad use.
Mr. Arthur Rehnberg, representing the petitioner, stated that they are buying
the house adjacent to the site. Their proposed office building would front on
West Seventh Street and three houses occupying four lots would be removed.
Mr. Leo Skarda, representative of the West End Citizens Committee, and
Mr. Dennis Hale, 2380 Benson Avenue, appeared and received information about the
proposal, the site, and area zoning.
After some discussion, it was the finding of the Board, by a 5-0 voC.e, to
recotrnnend approval of this petition to rezone from "B" Residence to Commercial,
subject, however, to the condition of a negative easement restricting the use of
the property to parking only.
Very truly yours,
�
� �PETER J. i6��"'�TA
PJM:gaf Secretary, Board of Zoning
CLS Cj
Z.F. ��6976
Ha�ry E. Marsholl �,oIT�� oF Atbert B. Olson
Cit7�Clerk and �° : Council Recorder
Conc7nisaioner of Reg-iatratriart o =,:��� `�
- . , ��'a'r;ye�_��°s lc,
OFFICE OF THE CITY CLERK
CITY OF SAINT PAUL
BUREAU OF RECORDS
388 City Hall
St.Paul,Minnesota 5510�
May 7, 1970
Zoning Board,
Co�mnerce Bldg.
Geritl.emen:
The City Council referred to you for recommendation
the attached petition of Chicago, Milwaukee, St. Pa.ul arxl Pacific
Railroad Co. to rezone Lots 24� 25, 26� 27 and 28� in Block 2 of
C. W. Youn�nan's Rearr. of Block 2, Palisade Addn., located on
the north side of Benson Ave. between Al.ton and Mad.ison Streets,
to Ca�mercial District.
Very tr ! y yours,�
�
City erk �
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����1�1�3 ��'.� -=-a--== ��TY YLAir���4�
saint Pau1, tV�'' 'vV�a�a.�
MewtR
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` • DEPARTMENT OF FINANCE
' ' � � CITY OF SAINT PAUL
� MINNESOTA
113 Court Houss,i6102
JAMES J. DALGLISH, Commissioner
LOUIS H.McKENNA,Deputy Commiuioner Phone:223-4646
May �, i9�o
To the Council
City of Saint Paul
Gentlemen:
I have rechecked the attached petition of Chicago, Milwaukee,
St. Paul and Pacific Railroad Co., filed in the matter of rezoning,
Lots 24, 25, 26, 27 and 28, in Block 2, of C. B
Youngman's Rearrangement of Block 2, Palisade Addition.
The property is located on the north side of Benson
Avenue between Alton and Madison Streets,
fram a Class "B" Residence District to a "Coimnercial" District,
and find that said petition is sufficient.
Yours very truly,
�
_ ���,
: James J.� algl
Commissioner of Finance
Re: X-889
c.c. Mr. Ames
N. R. Heiden
Frontage: 100�
Parcels Eligible - 26
Parcels Signed - 18 or 69%
Needed - 18 or 66-2/3%
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Apri�, 3�, 197
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Reh�nberg Rea7.ty Co.
iog!: �ne a,r�.
St. P�u�.� Minn.
Gentler.sen:
The Ca�ri��3i.�ner v� anc� � � repor�d �c� ttz� C3.ty Council
tt�t ttia peti t'il r r�sonfng Lot� 2�k throu�h 2�,
Block 2�, o vun ' e,�r�rr�gement a�' Block 2� Fali�ad�e
Addi�ion the no�rth sid�a oF Beneon At�. bet�een A].ton a�d
Mediean �., tc� Co cie�7. I�l.etriaty 3s in�u�`ficient.
Far ttzi� e�ca�, the t�t Coun�il is unable �o ecm�i+�er the
matter.
Yerq tru].y ycurs,
City Clerk
za,�
. �� �� � �
. _� . I
July 1 , 1970
Mr. Anthony Danna
Attorney at Law
516 Northwestern Bank Bldg.
St. Paul, Minn�sota
Dear Sir:
Enclosed is a copy of an a e re ng the property described
in the ordinance, sub� to cex n co ions set out th�rein.
We call your specie�l ention to ragraph 2 which requires that
you file a deed o�' ne a iv� easeme in two parts in this office
within 60 days.
We enclose n�gative eas 3n duplicate for your convenience.
Very tr.uly yours,
City Clerk
ng
Adapted by the Council 197—
Yeas Nays
BUTLER�
\`�,CARLSON
I--� LEVINE
� ��IEREDITH , �
��SPftAFKA
�TEDESCO
R.PKESIDENT (McCARTY)
�O
1 st � I � - 2nd �/ �
Laid over to
3rd and app. � �—Adop#ed
Yeas Nays Yeas Nays
Butler Butler �
Carlson arison
Levine Levine
Meredith � �(,;, ,._" " Meredith
` ���i�9
Sprafka Sprafka
Tedesco �ad�eev"
Mr. President McCarly Mr. President McCarty
O