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244562 ' . . 2445F2 �ORIGINA1.wT0 CITY CLHRK � � . CITY OF ST, PAUL �OE NCIL NO- OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM c,, PRESENTED BY .- � DefEndant�$ LAh�b�t,�.� COMMISSIONE / DATF RESOLVED, That upon and pursuant to the pertinent appeal, under the Zoning Code, by Herbert T. Lentsch, owner of the subject real estate, situate in the City of Saint Paul and described as: Lots 11 and 12, Block 18, Auerbach and Hand' s Addition; that the provisions of said Zoning Code hereby are determined and varied as and to the extent necessary therefor and the density requirements for said premises are hereby relaxed so as to accommodate a 9—unit apartment building, subject to the condition that said appellant, and his successors and assigns, otherwise, shall make due compliance with all applicable provisions of municipal ordinances, state statutes and rules and regulations of public authorities having cognizance. , F APPROVEO � �1�s Poration Couase( ��N 2 0 1�69 COUNCILMEN Adopted by the Council 19— Yeas Nays Carlson ,��'� � �' �� ��. Approve� 19— � Meredith � Tn Favor Pet�rsa� U • Sprafk� Mayor A gainst Tedesco .�� °� ��'��.� ��s Y�eaidest (Yeterson) *II�LtsttES .�UN 2 8 1969 0 . w ' Harry E. MarshaU • ����Y �FS Albe�fi B.Olsoa . City Clerk and ��� % Council Recorder Commisaioner of Registration � �:�: �-� , _�m�e: i �s ° �o �445�`� OFFICE OF THE CITY CLERK CITY OF SAINT PAUL BUREAU OF RECORDS J86 City Hall St.Paul,Minnesota 55102 .�tin� 5, 1969 Mr. Joseph P. 3uummers Corporation Counsel Building Dear Sir: The City Council tod.ay requested that you prepare a resolution grantiag the attached appeal of Herbert T. Lenta�eh to relax the density requirements of the Zoning Code to permit a 9-unit apart- m�Mt building on Lots 11 r,nd 12, Block 18, Au�rbach and Hand's Addition, located on the east side of Western Ave. between Jessa- mine �nd Geranium Aves. Very truly yc�uxs, L , m City rk ng � � � � � � �'' E � ��`�' � t969 �QP,PUR/�710f�J COUR!5=!' O � . _ �,-+. . Mr. Harry E. Marshall -2- June 4, 1969 • Several neighbors to the development appeared and objected to the elevation differences noting that their properties would catch the drainage and be flooded. • It was the decision of the Board of Zdning, at the Eebruary 6, L969 meeting, to lay this matter over indefinitely until the Board was contacted again. At the April 17, 1969 Board of Zoning meeting a petition to rezone this prop- erty from "B" Residence and Commercial to "C" Residence was considered. At this time the Board by a 5-0 vote decided that this appeal be included in the consideration before the Board. The Board was notified that according to a legal opinion from the Corporation Counsel, the Board officially could not consider the appeal until the rezoning is c anpleted. In response to question from the Board, Mr. Paul Kelly of the Corporation Counsel's office said that it could: 1) recommend rezoning and send it to Council; 2) do not send the appeal to Council until after the Council has acted on the petition. Subsequently, it was the finding of the Board that there is a need for a re- laxation of the zoning as well as the density requirements and therefore, by a 5-0 vote, recommends approval of this appeal. The Board instructed the staff to send these matters to Council in the same order: first the appeal followed by the amendment. Mr. Kelly expressed some doubt as to whether or not the matter could be handled in this fashiou when it got to Council. Very truly yours, 7 „ �, -�, � �,j��L=���//�,-) ''��<' �. , ��v�� f Peter J. l�aietta Secretary, Board of Zoning PJM:j ld CLS � � a fc ;4't i` � BO�ARD OF ZONING, CITY OF ST. PAUL 1010 COMMERCE BUILDING • ST. PAUL,MINNESOTA 55101 • PHONE: 223-4151 .. June 4, 1969 Mr. Harry E. Marshall, City Clerk Room 386, City Hall & Courthouse Saint Paul, Minnesota 55101 Dear Sir: This is written in response to an appeal of Herbert T. Lentsch to relax the density requirements of the Zoning Code to permit a nine unit apartment build- ing. The property involved is located on the east side of Western Avenue between Jessamine and Geranium Avenues and is further described as Lots 11 and 12, Block 18, Auerbach and Hand's Addition. The appeal to relax the density standards was first considered by the Board of Zoning on January 16, and February 6, 1969. The staff reviewed the zoning history. An appeal for the extension of commercial use for the entire site was granted and an appeal for the relaxation of density standards to permit development of the site for nine units �as denied on April 17, 1965. An ad- ministrative parking lot was approved on April 2, 1965. Th�e extension of use appeal, however, granted by the Council in 1965 expired April 17, 1968. A legal opinion from the Corporation Coun�del office dated March 6, 1968 states that the City Council could no longer extend a use permitted in one zoning district to another. The present proposed use was reported to be a nine unit apartment building. Staff investigation revealed that the structure was un- der construction although the 1965 extension of use appeal expired April 17, 1968. The portion of the site resnaining properly zoned is only the front 100 feet with an area of 8,400 square feet. The Zoning Code, however, requires 12,300 square feet for a nine unit use. The variance, therefore, is 3,900 square feet or 31.7 percent. It was also noted that the structta.re as built is four to five feet above the residence to the north and has a detXimental effect on that residence. Staff conclusion noted that no hardship is 's.hown by the appellant nor is in evidence; the density requirements of the Zoning Code are reasonable; the requ ested variance is excessive; the Camprehensive Plan reco�nends oneand two family uses ; and a previ�us appeal to relax the density requirement to permit nine units was denied in 1965 by the City Coun- cil, Mr. Lentsch, speaking in behalf of his appeal said he had received_ a building permit for the structure and was putting seven living units and two commercial units in the building. He stated that he wanted to convert the two commercial areas to residential use as the neighbors objected to the commercial uses. -1- �..-.��,����'� eo s— ► ��.� � � '7 � ` • •. ' � / Q � ---� . • . - , . � , -�� � REAL EiTATE �H� MORTCiAGEs ,� CO�PANY, In�. �oN���T�oN . INSURANCE 242 UNIVERSITY AVENUE SAINT PAUL, MINNESOTA 55103 ��"��""y,F auro � FIRE � LIFE Telephone 222-4711 '' CASUALTY November 13, 1968 Honorable r.2ayor and City Council State Capitol St. Paul, PJiinnesota Sirs: The Lentsch Company, Inc. requests that Lots 11 and 12, Block 18, Auerbach & Hands Addition on the east side of "Testern Avenue and between Jessamine and Geranium presently approved for seven (7� living unit apartments and two (2� commercial stores, which are now under construction, be changed to nine (9� living unit apartments to be used as such at owner�s discretion. The purpose of this appeal is for relaxation of density requirements of City Code as it relates to living units, as density for commercial stores is almost unlimited. Background of appeal is, site was originally purchased for the construction of eleven (11� �ivin� units and at that time met density requirements for eleven (11� units. This is requested under �ection of Ordinance: Le�islative Code Chapter 64.03, para€;raph A and Chapter 64.03, paragraph l. Than'_� you for your consideration in this matter. T� I,ENTSCH CONIl'ANY, INC. j/ L,�' ��� '��`Z'�` � He bert T. Lentsch President HT�,:cs z F ��r�� . . CITY OF SAINT PAUL MINNESOTA DEPARTMENT OF FINANCE ns co��r Ho��e ssioz May 12, 1969 City Clerk Files X686, Page X646, Page You are hereby notified that the public hearing originally scheduled for May 15, 1969, on the petition of Herbert T. Lentsch and others to rez�e fram a Class "B" Residence District and Commercial District to a Class "C" Residence District, Lots 11 and 12, Block 18, Auerbach and Hands Addition, has been postponed to June 5, 1969. The property is located on the east side of Western Avenue north between West Geranium Avenue and �+lest Jessamine Ave. You are also notified that the Council of the City of Saint Paul will hold a public hearing at 10:00 a.m. in the Council Chambers of the City Hall and Court House on June 5, 1969, on the appeal of The Lentsch Company, to relax the density requirements on Lots 11 and 12, Block 18, Auerbach and Hands Addition to the City of St. Paul, which property is also involved in the rezoning proceedings . For further information, please contact the Planning Board, Room 1010 Commerce Building, or telephone 223-4151. JAMES J. DAI,GLISH Comdnissioner of Finance O