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249817 ...OrIsIU�.t�C1ty Clerk ' , • • '� �` � � ORDINANCE 24�$� COUNCIL FILE NO PRESENTED BY ORDINANCE NO. �y`��'�� An ord�nan�e affiendin the Zoning Code, Chapters �� to 6�+, incl�tsive, af' the Saint Paul Legislative Code, pertaining to Use Districts, Height �istri�ts and l�ezonin� of certain proper- tie� in the �ity o� �aint Pa�al, as amended. THE COUN�IL �F 'THE CI�Y OF SAI�tT PAU�, DtJES ORDAI�T s Section 1. That the Zoning Code, Chapters 60 to 6�, inclt�sive, of the 3aint Paul I+�gi�lative �ode, pertaini�g. to t��e Districts, Hei�ht Districts and Rezoning of certai� properties in the Citq of Saint Paul, as amer�ded, be and the same is her�eby further amended so �s to r�zonE the following described property on th� terms and conditions expr�saed herein from "A" Residence Distriet to Commercial Dist�ict, to-wit : Beginning at a point in the Easterly line of the West �+2.2 feet of the East 1299.52 feet of the �outhea�t � oF Section 3�, Toarnship 29, Range - 22 4fest, where it i� �oined by the Northerlg line of State Trunk Highway No. 1�, also known as U.S. Route �¢`12, and as H�dson _ Road and to become known as Interstate � Highway No. 9� as it --e,�,�.s-ts as of the date hereof, thence Nor�herly a1on� said Easterly line a distance of 11Q feet to a point, thence i�esterly 90 deg�ees, 00 rninutes, 85.2 feet more or less to a point on East line of �ennard Street, as it exists as oP the date hereof; thenee Southerly along the East line of Kennard Street to the �tortherly line of said Route or Highway; thenee Easterly along the Northerly line of said Route or Highway to the point of be�inning; situate on the northeaat corner of Kennard S�r�et and Highway #12 in �he City of .Saint Paul. Section 2. The property deacribed above is sub�ect to the followin� terms and conditions : Yeas Councilmen Nays Passed by the Counci� Carlson Dalglish 7n Favor Meredith Peterson Sprafka Against Tedeaco Mr. President (Byrne) Approved: — Attest: City Clerk Mayor �� ' � Form approved Corporation Counsel By , � < ,= . ' �;,. ,_. _ , � ' . . �_ � ' ' � `� q �� �_ � DEED OF NEGATI�TE EASENIENT � AND ACCEPTANCE OF ORDINANCE THIS INDENTURE, made and executed this �1 T� day of �� � 1970, by and between Evelyn P. Walsh, of the County � • � of Ramsey, State of Minnesota, hereinafter desi�nated "the 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 lz � � day of �'� ' , , 1970, was and � ever since said date has been owner of all of the following described real estate situate in the City of Saint Pau1, County of Ramsey, State of Minneso�a, to-wit : Beginning at a point in the Easterly line of the West �+2.2 feet of the East � 1299.52 feet of the Southeast ; of Section 3�4, To�tnship 29, Range 22 W�st, where it is �oined by the ATortherly line of State Trunk Highway No. 12, also . known as U.S. Route #12, and as Hudson Road and to become known as Interstate Highway No. g� as it exists as of the date hereof, thence Northerly alang said Easterly line a distance of 110 feet to a point, thenee Westerl� 90 degrees 00 minutes, $5.2 feet more or less to a point on East line of Kennard Street, as it exists as of the date hereof; thence Southerly along �he East line of Kennard Street to the Northeriy line of said Route or Hi�;hway; thence Easterly along the ATortherly l�.ne of .said �oute or Highway to the point of beginning; and � WHEREAS, Said real estate on said date and for a eonsider- able period of time next preceding the same, was zoned and classified in "Ai' Residence Distr�.ct und�r and by virtue of Ct-iap��r� b0 to 6�+, inclusive, Zoning Code, Saint Pau1 Legislat3.ve Code, as amended, and pursuant to the petition of tihe� first � �. : . , • . �, . • . . party the Couneil of the second party, according to the pro- visions of said Zoning Code, as amended, and the Statutes of the State of Minnesota, in such cases� made and provided, with the written aequiescence of� the owners of two-thirds of the several descriptions of real esta�e situated wi�hin 100 feet of said real estate, duly enacted Gity of Saint Paul Ordinance No. 14551 , C. F. No. 249 , 817 , approved August 7th , 1970, and published in the Official Newspaper of the second party on the 15th day of August , 1970, amending said Zoning Code, as amended, so that said hereinabove described real estate was thereby� and thereunder rezoned and reclassified from "A" Residence District to Commereial Distriet, sub�ect to especial exeeptions and conditions in the na�ure of especial �estrictions 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�ect to further rezoning and reclassifi- cation of �he same by virtue of proceedings therefor thereafter inst�.tuted, 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 instal- lation of a landscaped outdoor advertising structura, sub�jeet to a11 applicable s�atutes , ordinances, ru�es and regulations pr�scribed and promulgated by governmental agencies having cognizance; and � WHEREAS, the first party, for herself, her h�irs , adminis- trators, executors and assigns, intends hereby to accept said Ordinance No. 14551 , and to prov�de for �he imposition, mainte- nanee, and enforcement of such especial restrictions upon the 2 . � .,.�.. - �: .. ' : ' �_._ . . � . I use of said hereinabove described real estate to run with the land and to grant unto the second par�y, in further compliance with the conditions of said '��Ordinance No. � `�'�� , a negative 1 easement therefor; ' i NOW, THEREFORE, the first party, as such owner of �aid hereinabove described real estate, for herself, her heirs, , I administrators, executors and assigns, does hereby bind herself, ' her 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 Ordinance No. • , said real estate has been effectively restricted and � limi�ed in respect of its use and employment and sha11 henceforth � ; be restricted and limited in such particulars as follows, to-wit : 1. That, sub�ect to any further reclassi- � fieation of the here3.nabove described real es�ate by virtue of proceedings therefor hereinafter instituted, conducted and completed according to the applicable provisions of said Zoning Code, effeetive as of the date of said petition for reclassification and the applicable provisians of the statutes ,of the State oP Minneso�a, hereby, the employment of said real es�ate heneeforth is restrict�d and limited to the following specified � use, to-wit : Commercial District for t he instal- lation of a landscaped outdoor advertising structu�e, sub�ect to a11 applieable statutes , ordinances, rules and regulations prescribed and promulga�ed by �overnm�ntal agencies having cognizance; , , r:>..,, 3 , ;,<<� ^ �� _ . . u.. , , , . , , and the said first party, for herself, her heirs, adm3.nistrators, � executars and assigns hereby grants, conveys and warrants unto the second party, said City of Saint Paul, as such municipal corporat�.on, in trust for the benefit of the public, a perpetual negative easement in and to said hereinabove deseribed real estate and all thereof, for the imposition, maintenance and enforcement by the second party, as such municipal corporation, of the aforesaid restrictions and limitations upon the use and employment of said hereinabove described real estate, to run w3th the land, and for good and valuable consideration, the receipt and sufficiency whereof by the first party hereby is acknowledged . FURTHER, the firs� party 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. )�j S� I ; and said first party, for herself, her heirs, admminstra�ors, executors and assigns, hereby accepts said amendatory Ordinance No . 14551 , and every provision, term and condition of the same without reservation or exception. IN TESTIM�1dY WHEREOF, said first party, Evelyn P. Walsh, has set her hand to this instrwnent as of the day and year first above written. • In Presence• Of: � � • Evelyn P, alsh �� . i � . . . . .. . . . _. . ... .. . � k., i..,..:..1 , ., . . f. . ° ., ' . ,: � . ''�► ' . ';�,�,,� ��L. l • . �: ••' . CITY OF SAINT PAUL, MINNESOTA $� ` �v '-' , , PETITION TO AMEND CHAPTERS 60 thru 64 OF THE LEGISLATIVE (ZONING) CODE � ��� - � \ Note: The signer should appraise himself of the uses permitted under the new class'- �� � fication before signing this petition. For further information about the ��� rezoning of property, call the Board of Zoning Office at 223-4151. (Please type or print) Date; TO THE HONORABLE MAYOR AND CITY COUNCIL c/o the City Clerk, Room 386 City Hall City of Saint Paul, Minnesota Pursuant to Section 64.06 of the Legislative Code, we, the undersigned owners of two-thirds of the several descriptions of real estate situated within 100 feet of the real estate affected, hereby acquiesce; and we, the owners of 50°Jo or more of the frontage to be reclassified, petition your Honorable Body to rezone the follow- ing described property: (legal description and street address) f (,S'FE A7TRG/�ED M EE T S A-/U/� �o u N.p S D E,rC 1e F P T/a�r) , , /�Ef1/Z oF /�OGo O�D NuDSa.✓ Ro14�0 from � ��$/�F�i///AL District to �- �`OM�EKC/�L. District, for the � purpose of installing, constructing and/or operating the following; (describe briefly the proposed facility) �"t� iNSTi9t�. Ijt <-f4t'►�Q �'�r'�v ��/�ociZ ADrlr�TiS/i✓Co �'Ti�'ueTu�P�' f4/Yv Foi2 �1ro O7�f/fiz Pu�Pns� /9S �'_F�Z �F4,ctEST oF' AD3oi•✓i�✓6 t''iPor'r-'�TJ� v�c�iv��'S„ RECORD OWNER SIGNATURE LOT BIACK ADDITION Subject Property; /�NN �, ?� G N�' f j Nt E�S ,�o u,vos —s,��' x�Tr��.�-� , �v�� yn/ �, w���s/� `, , . � n�� Ts v 8o u�,o s— sE� g�r��Hf� �, �, f✓t/y9�-S' �' �- � ���;;' " �G S q� l3o kti A-,� – �� �� ���� V/�/ �FJ'�T7 R •� � i!"G� M� S � !�D etNAS — �� i/ � <-�-�[.. .c � _�` ! �„y) r i �--- I , , j � o f � � /' /� �,--.(.�a-' -C�ez �� �� �'^ [.�F � .�v"l<-� (."C[ c-L_c�^ . , __ __ � ;, � � 9, , ; ` {' ' ; ' /l /� -i4.�'�-')a _.�.' �.lr.' 1 �' State of Minnesota ( County of ss - ��i�.��p�,J � � being first duly sworn, deposes and states that he is the person who c' culated the within petition consisting of 4"Y��- pagea; that the parties described above are the owners respectively of the lots 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 so described. Subscribed and sworn to be,�ore me L� this day of � /Ci7o Vvn�e� � Address: 1 b`j,�� �-�,p G��, �-(�L Telephone No. � $�` ���9 Notary Public, Hamsey County, Minn. My commission exp���T;;;�g ��(O v 3 3 �� Approved as to form 1/4/65 Notary Public, N-no^pin County,Minn. Off1C@ Of the Corporation Counsel FGI 1/5/65My Commission Ezpires Nov.22,197� � \ t---_____ .�.. . � + ` . . _ ._ :a i , �'\, �-; �^�\ ,�� . ' � �_ •- (��_:/ ��j�' � 'f• • a �,..s.. -...._� �� -`'/��,,,.�'" ,i�,;�r.`.,�_, ���" - '"�' � � / Ort�lnal to.City Clerk ' , � • • � i; r . . . �' � ORDINANCE COUNCIL FILE NO ������ PRESENTED BY ORDINANCE NO � ��-'S --�L 2 1. �hat, sub�ect to any f�.rther re�l�,��ification of the hereinabove describ�d real estate by virttze of pro�eedings therefor her�:inafter instituted, conducted and completed aecordi�g to the applie�.ble provisior�s of said �oning �od�, effeativ� as of the date of aaid petition for recla�sifivat3on and the applicable pro�risior�s of �he st�tutes of th� ��ate of M3nne�ota, hereby, �he ea�ployraent of �sid real estate �i�nae- for�h is restrict�d and li�i��d to �he fallowing specified as�, to-wit s Comr���cial Distri�� for the in�tal- lation of a landscaped ou�door advertising structur�, aub�ect to all applieable statutes, ordinan�es, rules ar�d regtzlations pr�seribed and promulgated by gov�rnmentsl agencies having cognizance. 2. �hat th� o�rner of said real estate, within �he p�rriod of sixtg (60� daye ne�t suaceeding the publication of this ordinance, shall file �r3.th the �i��r �l�rk, in txc� (2� fully executed eour�terpart�, �aid own�r�� writ��n a�eeptanee of this ordinane�, in�orporating, among other things, �a3.d own�r's grant un�o said �ity of aaint Paul of a ne�ative esae��nt affecting said real e��ate, for th� imposition, main�enance and enforeement of th� afor�said aonditions, restrictions and limi- tations �zpon th� employment and us� of the property described herein, approwed as �v for� and exec�tion by the �orporation �o�n�el and recordable in the offiQe of the �egister of De�ds and said n�gativ� ea�em�nt and restriative aonveyanc� shall be drawn to exclt�de all u��s permitted in "B� xe�idenee Dis�riets, "G" Residence Distriets and "�-1" Residenee Districts . 3. Tha�, in additior� to other rcquirements thereof, �aid owner�s ��itter� aeceptan�e and gran� of-���ative easement sha11 incorporate a certified eopy of �his ordinance, and irmne�diate].y upor� the afores�.id filing o� the same �he �i�y C1erk shall �aus� one of sueh eo�nterparts there:of t4 b� filed of re�ord in tk�e office of the Register of Deeda in and for Ramsey �o�nty, Minne�ota. ��ction 3. This ordinance shal.l take effeat and be in forae thir�y (30� days frorn and after its pas�ag�, approwal and publieatimn. AUG 71'74 Yeas Council�n�r„��, Nays Passed by the Cou il Carlson«�� �����`�-' O In Favor � ' d Against Sprafka Tedesco ' AUG 71970 Appro Attes : Mr ice Presi t � h �� City ler May �D� Form approved Corporation Counsel By PUBLISHED AU G 151970 � l , . ' � _ City Clerk CITY OF SAINT PAUL MINNESOTA DEPARTMENT OF FINANCE 113 Court House 55102 June 26, 1970 File X895, Page You are hereby notified that a public hearing will be held in� the Council Chambers of the City Hall and Court House in the City o£ St. Paul at 10:00 a.m. on July 9, 1970, on the petition �f Evelyn P. Walsh to rezone from an "A" Residential District to a "Commercial District" the following described property: Beginning at a point in the Easterly line of the West 42.2 feet of the East 1249.52 feet of the Southeast 1/4 of Section 34, Township 29, Range 22W where it is joined by the Northerly line of State Trunk Highway No. 12, also�known as U. S. Route �'�12, and as Hudson Road, and to become kno�an as Interstate Highway No. 94 as it exists as of the date hereof, thence Norther}.y along said Easterly line a distance of 110 feet to a point, thence Westerly 90 degrees 00 minutes 85.2 feet more or less to a point on East line of Kennard Street, as it exists a� of the date hereof; thc:�ce Southerly along the East line of Kennard Street to t►�e Plortherly line of said Route or Highway; thence Easter].y along the Northerly line of said P.oute or Hi�hway to the point of beginning. The property is located on the northeast corner of Kenaard St. and Highway 12. For further information, contact the Pl�nning Board, Room 1010 . Commerce Building or tele�hone 223-4151. IiOSALIE L. BUTLER Commissioner of Finance O . � � � . . ` a � • . MINUTE3 OF THE P'UB3�IC H�ARIPiG B�ESF`0� THE 3i(�ARl2 OF ZONING on �hursday, 3une 18, 1970, at 2:00 P,Mo PRESENT: Messra. Ames, GBdler, McPartlin, and Rutzick of the Board, and Messrs. Brown and So�en�on, 2�rs. lFran�zen, and Miss Sperr of the staff. EVELYN P, WAISH (NAEGELE O�TTDOOR A�VERTISING CO3 OF MINN,�, TNC,,�: A petition to rezone from "A" Residence to Co�c►ercial for the purpose of installing a landscaped outdoor adver�ising structure property �.ocated on the northeast corner of Rennard Stree� and Highway �12. Mr. Sorenson summarized the s�aff report, a part o€ the file, �oting that the . Commissioner of Finance declared this peti��on sufficient and in � recheck � letter dated June 16, 1970, noted that the owners of 5 of a possible 6 (837G) parcela are r�preaented by si�nature. 1'€�e entiire stirgoundiag area is soned "A" Residence with the exceptian of Co�n�rcial spots at the intersections of White Beap Avenue with I-94 and Old He�dsnn Road, �nd oae spot to the southeast across the freewsy. The sit� is vacant of seructures and over the grade of snrroundi�zg proper�ies and adjacent s�ree�s. The property ris�s about five feet to the south edge which is about eigttt feet above the level of the freewsy at this point. The areas on bath sides of the freeway are primarily single- family with consider�ble v�cant la�ad. CoIInnercial uses are along White Bear Aveaue and on the sou�h side of the freew�y across from ehe sub�ect property. A Large double bill�OOard 9.s ac�coss the fr��w�y to the s�utheast. Ix� conclusion, Mr. 5orenson noted �hat Chis getitior� represea�ts apot zonin� for economic gain, i� may be detrimental to ad,��cent res�.d�ntia�. uses, it will not cont�ibeate to highway b�autific�tion. the site adjoins a Segment "1" Billboard District +ahere advextisin� signs are not allowed �nd a larg� double billboard is located across the ireeway to the south. Mr. Ames noted t!�t the height limita�ion for a sign is SS-60 feet; the Sign Ordinance controls Che fgequency and height of � si_gn. Representing the ys�Citioner caas James Po Badger of the Naegele Compaxty' who said the petitioner pLans to keep ehe advertising struc.ture low and l�ndscaped. There will be no other u�e for the proper�y5 it wil,l be scsl��.y an advertising structure. Mr. McPartlin noted ehat the Council shon�.d take 1�aaediate �teps to amend the ordinance to provide ra sgPCi�ic �ection far biLlbaards, and should not grant petitians rto rezon� to CoaEmercial to acco�aodate thfs use. Therefo�ce, he moved for denisl of the pe�ition, wfzich was seconded by Mr. Gadler, who noted that billboards are aestheCically undesirable, cr�uses pollution of open space, and are traffic hszards. The motfon c�rried with a unanimous vote. Submitted by: Colonel Lo Sorenson Robert Y., Ames, Cheirman ..�_ �...�- ^ C�!'�x�3�I13 fto. —�ly;Vfc�Oot? _ { . ' . /la at'�nef: _ � �� -D� . i � r� � ��. �"�� �k � �tp$t� �O'"'� � �`�' �" STATE OF MINNESOTA '. p ' t 4c�' E'r� .- '': :a I},T .�n 4<:. �Yw � .�� �ti i i � �'� ' , County of Ramsey se. ' ��I C1TY OF 3AINT PAUL i'* 4�'�, >. �'" � � �� �� tQ � , ' I+----------•---H�?"?r�i.I�.__Masaha:l.l�-------------------------•---•-----......----._City Clerk `', ..-- .� �" �, of the City of Saint Paul, Minnesota do herebq certify that I have ; . , ; . _ � > ' fi° compared the attached copy of Council File No......24�817�__bein�..... ., �� , ',` Ordinance I�o. 14551 , .. � � as ado ted b the Ci �o ,. �'� ���"�r it P Y tY uacil..._.Ati�l�t�:�..7_f............................19_..74.._...-- r- .. ,�e , , ., i � � „ � � , ���;*;s�� �. and approved by the Mayor..----------Au�uts�.-?�.-----•--...-•...............19...?_Q----..._ �y�� ��� _. ` with the original thereof on Sle in my o$ice. �s: �� � •-- -----------------------------•--------•-----•----.._..._._..--------------------...-----....-•--------•---------------•----..... � � �,. ` ' �.F`� �y� '...�.'�'��.�.�'���.�.��.._"�'."_".......�.___'..."��.'....._._'�..�..�..._........�....�.._....����.'...����.���'.....'..��........... 3...�.:. A �b,.: ��� .1'' ���...���..�.��..'��..�".�.����".��..�.�.....�'.��.�'......�........«����.....��"�...��.�.....�.�.�..�..��'�..�.�..........'...��".." l:xa, '� �'iY.w.i1� .r ' . �........�.........�...�...�..���.'._._.....�..��.._.�........�.���'..'.......�.�...._.'...��..�....��"�..��..........�".............. vVf� i. �� ���, �,_y ��Ie a i f; ----------------------------------------------------------------------=-----------•---....---------....--------......--•---•------------ � 1 ` �► F., � -------------------------------------------------------------------- -----------------•------..........---•-----••---.....---------• �' ----- �i :. � i '" ,� ........................•-----•-------......--------•---...__.........---------•----------._........_._....-------.............--------- tHS,;td ! .�„ ;a ................•-- ---------------•-----•--------•-•---•------------.....---------•---•---- ..--•.........---------••----.._. °'',� �i � ----- ---•--- ._. . ,� Y� .........._---------------------------------•------------._........-------•--...--------.........---._...----°°----------- � ' � fit� ---------..._------------------------------------------------------------------•-------------....------......_._.....---..._....._..... FA � I� �i' I �'` I �r � i i�j�s R I further certify that said copy is a true and correct copy of . `� , t: c � said original and the whole thereof. � �� •� I , � �� WITNESS my hand and the seal of the City of Saint Paul, Minn.. ��, r��. �. �°`: thia......... da of------------- '��28ra.. .A. D 19. 70�. ;.�.,. . . ,� , ,� �t,h............... y '� '. - .............. �`��w� �r�r � .. ..... ..... --`:.,..�. .--------•-•----. ..... .3; City Clerk. �, _ � �. t�� � � ." �or�►$�',� �"��Y� ��� � �; `�c r �� - ���, � ;-��w . �o�xox�-� �'_�� ..: ��'�� �`� �_� }lt�tion" ',,r• t '��+�;; �~ 9;'3�, � .7�a r- � � a i �,A�!0.�4. e: ���� F � �� ��� y 1t S ._ ..y f l. ��. �� • �� > t �. . v,a� M .. 'BOARD OF ZONING REPORT,AND ACTION June 18, 1970 Plat Map �� 42 Acting under Legislative Code Chapter 60 thru 64 File No. - passed August 22, 1922, as amended to April 6, 1970. 6985 , Evelyn P. Walsh 1 . AIPLICANT S NAME : (Naegele Outdoor Adv. Co, of Minn. , Inc.) Also 2 . C1./�SSIFICAI'ION . � Amendment a Appeal Q Permit � Other Rezone from "A" Residence to Commercial to install X- 3� PURPOSE • a landscaped outdoor advertising structure 4. LOCATION . Northeast corner of Kennard Street and Highway �k12 �. LF.GAL DESCRIPTION: See file 6. PKESENT ZONING . "A" Residence 7. PUKSUANT TO Zoning Code Chapter: 64 Section: .06 Paragraph: 8. STAFF INVESTIGATION AND REPORT: Date: 6/12/70 By: CLS A. SUFFICIENCY: This petition was first declared sufficient in a letter dated S/13/70. In a letter dated 6/16/70 the Commissioner of Finance reviewed the petition and found that it remained sufficient with the owners of 5 of a possible 6 parcels represented by signature. B. HISTORY: None for this site. C. PROPOSED USE: The petition states that the proposed use is "to install a landscaped outdoor advertising structure and for no ather purpose as per request of adjoining property owners". D. FRONTAGE AND AREA: This site has frontages of about 95 feet on Kennard Street and about 85 feet on the freeway frontage road. The site totals about 8,900 square feet. E. AREA 70NING: The entire surrounding area is zoned "A" Residence with the exception of Commercial spots at the intersections of White Bear Avenue with I-94 and Old Hudson Road, and one spot to the southeast across the freeway. F. COI�SPREHENSIVE PLAN: The Comprehensive Plan calls for single-family use of this site at a maximum density of seven dwellings per acre. G. SITE CONDITIONS: The site is vacant of structures and over the grade of surrounding properties and adjacent streets. The property rises about five feet to the south edge cahi.ch is about eight feet above the level of the freeway at this point. H. AREA CONDITIONS: The areas on both sides of the freeway are primarily single-family with considerable vacant land. Commercial uses are along White Bear Avenue and on the south side of the freeway across from the subject property. A large double billboard is across the freeway to the southeast. 9, BOARD ACTION: To Recommend � Approval � Denial Council Letter Dated: Moved by : McPartlin Yeas Nays ������ X Gadler Seconded by: Gadler Gauger Date of ?Iearin� Maietta 7/9/70 Secretary's remarks : Mansur x Ames - Ch. Council Action X McPartlin (Alt. ) Adkins (Alt. ) Date X Rutzick (Alt .) s , ' , • � � ` • BOARD OF' ZONING CITY OF ST. PAUL �t�� , ,,y' - 1010 COMMERCE BUILDING • ST. PAUL,MINNESOTA 55101 • PHONE: 223-4151 ,. , July 7, 1970 Mr. Harry E. Marshall City Clerk Room 386 City Hall Dear Sir: This is written in response to the .petition of Evelyn P. Walsh (Naegele Outdoor Advertising Company of Minnesota, Inc.) to rezone from "A" Residence to Commercial in order to install a landscaped outdoor advertising structure property located on the northeast corner of Kennard Street and Highway ��12, and noted in detail by the legal description on file. This matter was considered at the June 18, 1970, Board of Zoning meeting. The staff reported that this site, consisting of about 8,900 square feet, is vacant of structures and several feet higher than surrounding properties and the adjoining freeway. This area, on both sides of the freeway, is primarily single-family in character with considerable vacant land. Several commercial uses are along White Bear Avenue to the east and on the south side of the freeway across from the subject property. Staff conclusions noted that this petition may represent spot zoning and allow a use that would be detrimental to the adjacent residential property. It was also noted that a large double billboard exists across the freeway to the southeast and that the site abuts an area where no billboards are allowed. Mr. James P. Badger of the Naegele Company appeared representing the petitioner, and noted that they plan to keep the advertising structure low and landscaped. He stated that there would be no use of the property other than for the advertising structure. The Board discussed this matter noting the sign control section of the Zoning Code and the maximum height allowed of 55 to 60 feet. Subsequently, it was moved and seconded to recommend denial of this petition. The finding that the rezoning process should not be used to allow this use, and the finding that billboards are aesthetically undesirable, cause pollution of open space and are traffic hazards were noted as reasons. The motion to recommend denial by the Board of Zoning passed by a 4-0 vote. Very truly yours, � r,:- ��������, ER J. MAI�A Secretary, Board of Zoning PJM:ga f CLS Z. F. ��6985 �, �J 'c�... � O ���� �'� � ,� 'Harry E. Marshall ciT�� o�, Albert B. Olsoo �ity Clerk and • � �°���� Coun.ci.l Recorder . • Commissioner of Reqistra�ion • • G ��su��xf Y ,',d o h� OPFICE OF TNE CITY CLERK CITY OF SAINT PAUL BUREAU OF RECORDS �t86 City Hall St.Paul,Minnesota 55i0� May 13, 1970 �q s._ Zoning B�ard � Commerce Building St. Paul Gentlemeri"<< The City Council referred to you for recommendation theattached petition for rezoning a miscellaneous description covering property at the northeast corner of Kennard St. and Highway 12, to Commercial District, more fully described as follows: Beg. at a pt. in E'ly line of W. 42.2 ft. of E. 1299•52 ft. of SE,�—� of Sec. 3�+, T. 29, R. 22 W., where it is joined by N'ly line of State T.H. No. 12, aka U.S. Route #12, and as Hudson Road and to become known as I.S. Hwy. No. 94 as it exists as of the date hereof, th. N'ly along said E'J,y line a distance of 110 ft. to a pt., th. W'ly 90 degrees, 00 minutes, 85.2 ft. more or less to a point on E. line of Kennard St., as it exists as of the date hereof; th. S'ly along. E. line of Kennard St. to N'ly line of said Route or Highway; th. E'l�y along N'ly line of said Route or Highway to pt. of beginning. Ve truly yours, ,_, � �r� i � ,, ; - �-- City Cl rk c � �. �,:_ (!;�J =' �I �u (�, ( \ n '' �� �`/I i� !�+ , , � ' �`� _� ' ,�;;';,1 o+.....rsa` C...�`� s'�r$��taS � E a � ���I��,� uz�<t t�aul, I�i��``'�"`�+t�.i' � ���,� _�„�;� ,--- �o�, =-�-� � '� ' . DEPARTMENT OF FINANCE �r� � � � � CITY OF SAINT PAUL . MINNESOTA I 13 Court Hou:s,6b 102 JAMES J. DALGUSH, Commissioner LOUIS H.McKENNA,Depufy Commiuionsr Phons:223-4646 May 13, 1970 To the Council CiCq of Saint Paul Gentlemen: I have checked the attached petition of Evelyn P. Walsh, filed in the matter of rezoning, Beginning at a point in the Easterly line of the West 42.2 feet of the East 1299.52 feet of the Southeast 1/4 of Section 34, Township 29, Range 22 West, where it is joined by the Northerly line of State Trunk Highway No. 12, also knawn as U.S. Route #12, and as Hudson Road and to become known as Interstate Aighway No. 94 as it exists as of the date hereof, thence Northerlq along said Easterly line a distance of 110 feet to a point, thence Westerly 90 degrees, 00 minutes, 85.2 feet more or less to a point on East line of Kennard Street, as it exists as of the date hereof; thence Southerly along the East line of Kennard Street to the Northerly line of said Route or Aighway; thence Easterly along the Northerlq line of said Route or Highway to the point of beginning. The property is located on the north- east corner ef Kennard Street and Iiighway 12, from a Class "A" Residence District to a "Commercial" District, and find that s�id petition is sufficient. Yours very t� , ' � � �- �, ames J. D lish ,�1� Commission r of F nce Re: X=8 95 �... ,w.-...,,.-�.---.-'°'"" r---------R�-'" . .. �/J� `/] � 'y i �"' ! � 4 � �. /�w � h . .. .., ...._....�L�.., C C• 1`'�I• AIIIe S 'j�`� *(' . • , � �' N. R. He iden .`� d'' _ ' _ ...___ . ._ �� e._.�._._---_ Frontage: 100% Parcels Eligible - 3 Parcels Signed - 3 or 100% Needed - 2 or 66-2/3% �� - Th� �IlTest 4Z.2'fe�t �f t�e East 1299.52 feet.of that part of the Southeast 1/4 _ • . � � oi Section 34. Twp. 29, Range 22, lying South of the Southerly line_of old Hudson Road and-lying North of tne N�rtherly iine oi Sta±e� Tn�r_k Hiyhv�ra.% #i 2, also *�:at J � � . '. `part of vacated K°�:IdT'G� 5�:2°� Wr11Ci', dCCra°d to the aboJe �FS^,:�uc� �iv�c�.i`ty, �I . �fV . . except zhe feli�y�ir:g described tract: . Beginning at a p�int an the east�riy Izne n � of the West 42.2 feet of the East 1299.52 feet of the Southeast 1/4 of Section ��� _ 34, Township 29 , �ange 22W, wh�re it is joined by the Northerly line of State ,{� �� _ . Trunk Highway TJo. 12, aiso known as U. �. ;?oute �12, and as Hudson Road `�� � and to become known as Interstate Highway No. 94, as it exists as of the date _ hereof, thence Nurtherly alor.g said EastPrly line a distance of 110 feet to a point, � � _ thence Westerly 9�� d�gre�s 00 minutes 85 .2 feet more or less to a point on �ast - line of Kennard Street, as it exists as of the date hereof; thence Southerly along � " the East line of Kennard Street to the Northerly line af said Route or Highway; - . thence Easterly alcng the Northerly line of said Route or Highway to the point . of beginning. _ : � ' '� `. , ' � ��. .. �, � �� �� 4 � �� - _ � �( � � � QC�-Zi�.a i � � ' ' � ��,�- � ��� � � � � � � C�. ,����°� - :.� � � - � � � ' ` �� /�� d} �l�����. C.� ��- , � .��, ,� , �� ..�,,.,�. .��%� . �d Q-�-.���,�.oC�-en ���Q%�' S T,r,l l�- I o�' � i � �/ lz/ .� �c� �� �%�" /�.S' 7 ��<o v�7 0 � ��- .I^� / `� G�?�.��. C� � .S" s'v . �� �T� .�e�a- a . :��� ��:�.._. .���. �,� �,� -�� � � ��� �� . � ; � .���� .� �� � �, c�,� �s,� .� � � . /_ j . � /� S �p�1 �', 1��-q� ,��?��-c,�'�' -c.a�` /�� .,�.�-� �S' -� ° �/ � � �%�.�... ,�y- �y -- �z � �,��3 y, ����1 03�-�� � I . . � � • �\f��� .� • ' I I . � , • • �_ A k i � : ,� ���+,s f�.'/ � + , , . � t �/�.� % 't • . ' � �., l•� "� %v . . r��,� ,�,,�s . ' �V:3t�,�-; � ,t�i�,. �-� � I � �;., � Part North of State Highway 12 , Lot 12 , Block 2 , School District 625 , Wessels Addition to St . Paul . Lot 13 , Block 2 , Wessels Addition. Unplatted lands 1650 Old Hudson Road, Beginning 66 feet North of Northwest corner of Lot 12 , Block 2 , Wessels Addition ; Addition thence due East 74 26/100 feet thence North to S L of Hudson Road thence Westerly on S D Road to a point due North of beginning thence to beginning in ' Northwest 1/4 of Southeast 1/4 of ����DIX� Section � ,e�"�:, � ,�� Tract 29 , Range 22 . �;� �' :�" Is+ � 2 � � ' ' 2nd J� t7 Laid over to 3rd and app , �L4dopted � Yeas Nays Yeas Nays Butler � \'� Bufiler Carlson ��`• Carlson Levine � �Levine Meredith lG4��� •�MeredlNr�' J Sprafka prefka \ Tedesco ��Tedesco ,.��.��--��.-�.rn9 Mr. President McCarty � �c��"~�"' A;�.�r�a � ��th �f�1r. Vice , �_...n't �.� � �