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233400 � �' - ORIGINAL TO CITY GLERK CITY OF ST. PAUL FIOENCIL NO. � : OFFICE OF THE CITY CLERK '`'�' . � COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONE DATE RESOL�ED IIpon the pertinent appeal, under the Zoning Code� by Como �'ark Lutheran Churah� as owner of the sub�ect real estate situate in the City of Saint Pau1� zoned in "9i' Residence Distriet� under the �oning Code, and described as Lots 17� 18 19 and 20� Block 7� Hoyts Rearrangement of Hoyts Como �ut Lots, and located at the southwest corner of Sheldon Street and Hoyt Avenue, that the provisions of said Zoning Code herebp are determined and varied as and to the extent necessary therefor, and the b�ilding setback line of said real estate, in respect of the west line of Sheldon Street upon which the same ab�ts, l�ereby is established as a line drawn across said real estate parallel thereto ar�d � feet 6 inches from said west line of 'Sheldon Street; be it FIIRTHER RESOLVED, That upon the pertinent appeal of Como Park Lutheran Church� under the Zoning Code, to relax the building ground coverage standards an property located at .the southwest eorner of Sheldon Street and Hoyt Avenue� more partieularly described as Lots l�� 18� 19 and 20, Bloek 7� Hoyts Rearrangement o� Hoyts Como Out Lots� that the -� provisions of said Zoning Code hereby are determined and varied in their application as and to the extent necessary therefor to accommodate an addition to the existing church by relaxing the per eent of lot coverage to 51,�� sub�ect to the condition that said appellant-permittee� and its suceessors and assigns, shall make due compliance with all applicable provisions of mnnicipal ordinanees� state statntes and rules and regulations of public authorities having cognizance. ..,,, ZONING APPEAL h arinCge�will be he�d before tlie ci�'0 APP V Council at 10 A.M. on May 4, 1987, in � ' 'tY!e City Council Chcymber in tlie City � g�ll and Court House, in the matteF �urce,hePtpinder Chap ersa6o tou6 e in St: Corporation ounsel clusi,ve, St. Paul LeRislative Code, . ZoninB Code, for esta�ilishment o4 a new bullding line and relaxation of lot coverage on Lots 17, 18, 19 and 20, Block 7,Hoyt's Rearrangement of Como' Outlots, located at the a o u t h w e a t �� COUNCILMEN 'corner of Iioyt Ave. and Sheldon St. � Dated April 20, ias�. Adopted by the Council 19— Yeas Nays � fIARRY E.MARSIiALL, ' City Clerk. Carlson � (April 22, iss�> �Y 919� � . — -- Dalglish ' Approved 19— Holland � � Meredith In Favor ' � Peterson �) Mayor Tedesco `� A gainst Mr. President, Byrne pUBLISH•ED IVIAY 1 � 195� � �za � .�:• � .� '' � I }:.:K�... ........:.::..e.y . .... � :�:��: - ��JARD OF ZONING, CITY� OF SAINT PAUL , �� 223-4151 Room 20 CITY HALL & COURT HOUSE SAINT PAUL, MINNESOTA 55102 • �e��"��.l� r , April 25, 1967 ' Mr. Harry E. Marshall City Clerk _ Bui lding . Dear Sir: This is written in'response to the Appeal of Como Park Lutheran , Church to establish a setback of 4 feet, 6 inches along Sheldon Street an� to relax the percent of lot- coverage to 51% in order - that the appellant may construct an addition to the existing • church on property located at the s.outhwest corner of Sheldon Street and Hoyt Avenue described as Lots 17, 18, 19 and 20, Block 7, Hoyt's Rearrangement of Hoyt's Como Outlots. . � . This matter was previously considered by the Board on January 20, 1966. At that time, the Board made the following conclu- . sions and recommenda�ions: 'There is a lack of available sites in the area, and since the proposed addition would have no -' detrimental effect on surrounding property, it would�be reason- able to grant the Appeal. � Therefore, ,the Board recommends approval of the four foot; 6 inch�ysetback along Sheldon Street and the Appeal to relax to 51% the amount of lot coverage. The Board considered the matter again at its meeting of April 6, 1967. -It was the Boards finding that condi�ions had not changed since its previous recommendation. Therefore, the Board wishes to reaffirm its recommendation to grant the Appeals. - _ _ � - Very truly yours, / �` t` ` ,� NRH/mm N. . Hei en " Encl. Secretary Z.F. 5973 - � � � S � , " . � , i y '�' ' . �) ' , ' �� , PLANNING BOARD STAFF REPORT & BOARD OF ZONING ACTION 1/20/66 pYat Map 30 , . Acting under Legislative Code Chapters 60 thru 64 . passed August 22, 1922 as amended to August 24, 1964 File No. 5973 � , Also 1874 1. APPLICANTS NAME . Como Park Lutheran Churcn ; ; 2. CLASSIFICATION . [] Amendment X Appeal [] Permit [] Other, . 3. PURPOSE . Establish a 4' 6" building line along-Sheldon Street �nd to relax to 51% the lot coverage ' 4. LOCATION . Southwest corner_of Hoyt Ave. � Sheldon Street 1 � 5. LEGAL DESCRIPTION : Lot 17, 18, 19 � 20, Block 7, Hoyt's Rearrangement o� Hoyt's ` ' Como Outlots. � I , � 6. PRESENT ZONING . "A" Residence , 7. PURSUANT to Zoning Code Chapter: 6�E•03 Section• Paragraph; j 8. STFlFF INVESTIGATION & REPORT: Date: 1/18/66 gy; ATB A. Ptt_�nose _of AP�'EAL: To establish a 4' 6" building line along Sheldon St. � relax coveragE B. i3F;LD FOR APPEAL: The required setback along Sheldon St. is 25' , the proposed Sunday School Edu.catinnal Building is 20' X 66' and will be 4' x 6" from Sheldon St. � This expansion is necessary and there is no space available adjacent to the church . property. ' � C. Ft?ONTAGE � AREA: 167' along Sheldon St. � 128.37' along Hoyt Ave�. with an area of ; approximately 21, 438 sq. ft. ; D. ADJACENT LAND USES: The area is predominately developed with single-�amily residences. E. ZONING � COhiP. PLAN: The area zoning is "A" Residence � the Comprehensive Plan recommen< the area be classified R-4. F. FIELD INVESTIGATION: Sheldon St. dead encls south of Hoyt Ave. The entire area is developed with residences and there are no sites in the area that cou?d be developc + with a faciLity to serve the church'. The congrega-tion has an off-str�.�t parking � lot located one block to the east at the southwest corner of I-Ioyt � Hamline Avenue: , One residence to the south, adjoining, will not have its view area decreased by thE proposed structure. There are two large pines at the southeast corne�� of the ' church property that screens the view to the northeast from this hous-�, and wil screen the proposed building. G. CONCLUSIONS: A need for the proposed facility exists. There is a lack o� •�Jailable sites adjacent to or in the immediate vicinity o� the church. The "�c�•�icture as proposed would not have a detrimental effect on the adjacent prope��i :� and effec- tive screening exists on the church property. (,over�� 9. BOARD ACTION: To Recommend Q Approval ❑ Denial Council Ltr. Dated � Moved by; Haarstick Yeas Nays ` � x Ames 2/24/66 � Seconded by; Klein Cohen Date o� Hearing + x ��Cg�y� Kle in Secretary's remarks; � x Janes, Chmn. � • x McPartlin Council Actio� . . ' x Haarstick - Alt. • Gadler " Date Executive Secretary Maietta " . • ; LEGAL NOTICES ON THE BACK OF THIS SHEET � FGI 1/4/65 � f , , _�F ~, � , . ` N. ' � • �' . . �. ' . H. RECOMI�NDATION: Based on the above considerations recommend the establishment of a 4' 6" setback from Sheldon Street for this property, and recommend the � lot coverage be relaxed to 510. � I • • � i • • ' . . . . , T � . � t I I I I I I 1 I 1 I I�L.J � � � � � � ' ' ' ' ' - J �-- ----_.., ° I � � ' -� J .I � � . ; _ ... - N��,°P. - . � ' O ' � 0 � W � � " � %��48� ' CHELSEA �' �� p p O e �_ . O ,��._ O 4 O � � � ;_. .�. . C�Y • ' O p O O � f . O I HEIGHTS O � c� 4 � � � � Q � O �, O O � � � - � p � p -C�- O p O Q � i O � p O O . � ' G O ! s-69 . p �' � rj O p . p E- 4 Q O Q p O O . � Q � i ----- O � � � Q--- Q O � � O !ai � � O > ---- F . O r � , � � � J -- o � -�--- o o -o- 0 0 �F � o � � �o-� - ^ cn O ' �y��a��. Q� � BH2gER. �Ey�-�I$T � � � � � � �_ I O • d • ' Q I � � � � ' a �� , � p . p O `' O � G � i 0 0 0 0 0 0 0 . o ` o Q � ----°-- ° ° ° ° � O O � .. � � � � � � . � p O �� ' '�__S�_ ---Q- � � ----- 4 ' ------- --- p p O b- � � O .�.. tiS � ; ------ � � z b p � � � � � . � � ' � O O . � ' �t O O � O �� < � O �" p U � , p -p- ,p p . �, '-� L . � � �� O � � � � t 1 -�---- O .: , � � � , � = p O �p p ---Q- � _ � '� � � ' �� O � �-- � � � � -D--- � - . � -.A��i��e�Y�N, =—Z—��t�. - -� -- o ' o _ __ �o � o ---� Q ` �� ¢_ =�-- � o --Q � _� o - -. --. _ �� ___-o� - - -.- � - - o__ �� ____ro.___�=..� _ . - - - --- ---..- . . � - . . . : , . � . � ; �,,��.�EC��; CC7M0 PARK L�JTNERN•cxuxcx� � ` LEGEND -�� , �_ �`�' . r�� PURPOSE� �APPeal Set—back lines k �ia� � LAND USE� . ' ,� �_� - . � • � . - :�: • Covera�e • � • ° Pt�ESENT ZONING� •��A�' residence except O -ONE FAMILY . . ' . A;�' as .indicated . �� . 'Q T�'VO FAMILY • :� � , . . � THftEE F�4MILY .'' �� PcTITlOh! SIGNERS� . � FOUR FAh1{LY� .. � .i ' 7��iULTI-FA�v11LY . �ii FILE No. 5�3 . � � . . � � n COMMERCIAL .� . . , � � � �'� . � .n �� INDUSTRIAL . , • . ' r �� . ` . NoQTa . � . � : . �. ' . � � � .� ��: St. Pauf P;an�ing Board, Date Mar. 29�967 � � PR�OPERTY IN QUESTION . � . -.�; ------ - - ... . . ., � � v � - - � � ' v_J � � - .. � �iI1 / / . ' �. �• f' , `�` , � I , •, �lTY p Ana Cod�612 �m '�a GERALD A.ALFVEBY 223-5121 q '�7. PAUL J. KELLY ' • a '' THOMAS J.STEARNS �� JON R. DUCKSTAD �m °""� ^c ARTHUR M. NELSON ''` JEROME J. SEGAL ROBERT E.O'CONNELL THOMAS M. MOONEY Ftrst Assistant cITY OF SAINT PAUL GENE H. ROSENBLUM JAMES W. KENNEY DANIEL A.KUS Sp�ctel Assistant L'EGAL DEPARTM'ENT 316 Ctty Hall, St. Paal, Mienesota 55102 JOSEPH �P. SUMMERS Corporation Counsel r - � March 20 , 1.96 7 Honorable Mayor and City Council . of the City of Saint Paul ,,�Your letter of Februa�y 28 , 1967 , di�ected to Joseph P. Summers , Corporation Counsel, concerning a zoning appeal by the Como Park • Lut�eran Church has been referred to the undersigned for a legal opinion. ` The following questions were asked: (1) "Whether or not �he City Council can consider .. . the request of Como Park Lutheran Church in connection with their zoning appeal laid over by the City Council. indefinitely March 25 , 1966 ." ( 2) "Whether or not furthe� action by the Como Park Lutheran Church is necessary." The Como Park Lutheran Church, hereinafter referred to as appellant , initially appealed to the City Council by letter dated January 6 , 1966 , a copy of which is attached as Exhibit I . The letter of appeal requested a relaxation of lot coverage requirements set forth in Section 60. 14 of the Zoning Code which reads as follows : 60 .14 "For the purpose of maintaining the residential character in "A" and "B" residence districts , no public, semi-public or institutional buildings or uses shall hereafter be located in "A" and "B" residence districts , except as follows : Upon premises facing or adj oini�ng along the side line of said �� premises a public park or playground, school � ground, college ground, public institution, semi public institution, parochial school, convent , hospital, church, social center, hotel, railway �� O • � � Mayor and Council -`2- March 20 , 1967 � station or other institutional buildings , or on land at least one side of which is the boundary line of another use district other • than an "A" or "B" residence district; or on property entirely surrounded by streets and ��alleys ; on property at least 3 sides of which abut on public streets or adjoining a premises '' used for any purpose other than a purpose per- �� mitted in an "A" or "B" residence district on the same street, or upon premises facing adjoining or across an alley or s�treet from a - railway right-of-way, and provided that if the public, semi-public or institutional buildings or uses occupy not to exceed 30� of the area of the lot and do not extend nearer thai� 25 ft. to the adjoining designated residence property , the above restrictions shall not apply , and provided further, that nothing herein contained shall alter the permitted uses in an "A" residence - � and "B" residence district respectively." , On January 11,, 1966 , the City Council referred the appeal to the Zoning Board for its recommendation. The Board of Zoning approved the appellant's request and notified the City Clerk by letter dated February 21, 1966. An initial hearing date was set for February 24, 1966 , at which time interested persons were heard before the matter was laid over to March 11, 1966 . A second hearing was conducted on March 11, 196�6 , . wherein the matter was laid over again and pnt on the view list. On March 25 , 1966 , a third hearing was conducted and the matter was ultimately laid over indefinitely. At the third meeting, Mayor George Vavoulis re- ported the appellant and their architects intended to meet on this matter and either revise their plans or ask Council to take a position. The record of events is silent as to whether or not the church met with their architects to revise their plans. Further, the record of events is silent as to whether the appellant asked the City Council to take a position on the matter subsequently, save the letter from appellant February 21, 1967 , wherein a further request was made for consideration on the matter by Council. The applicable provisions of the St. Paul Legislative Code appear in part as follows : 64.03 "Any person dissatisfied with the decision or application of the provisions of the Zoning Code by the Commissioner of Parks , Playgrounds and Public Buildings may appeal to the Council by filing notice of appeal with the City� Clerk, and shall have deposited the sum of Twenty Dollars ( $20 .00 ) where the appeal involves residential property, and the sum of Thirty Dollars ( 530 .00) where the appeal involves commercial property to be paid by the appellant to cover theccost of publication and the investigation, preparation and mailing of notices as hereinafter re- . quired. This appeal shall be submitted to the Board of Zoning, who witfiin ten days� thereafter shall hear the - appellant, and shall transmit in writing its recommenda- tions to the Council, together with the reasons therefor. � r � ,a •' . ^ �� , .:, . Mayor and Council -3- March 20 , 196;7 - �s The Council, after fixing the time for a public hearing upon said appeal, causing a notice stating E� . the time , place and purpose of such hearing to be � mailed at least ten days prior thereto to every owner or agent of the premises affected, and to E' every known owner or agent of the real estate situate within two hundred feet of the same, addressed in each instance to the owner or agent at his last known _ place of abode , and causing such notice to be published �� - in the official newspaper of said City at least one week preceding such hearing, may in a specific case , by resolution passed by a majority vote , after con- ' sidering the recommendation of the Board and after such hearing, determine and vary the application of the provisions of the Zoning Code in harmony with _ the general intent and purpose of the same as follows :" �' -f i 64.03 (i) "Vary any provision of the Zoning Code in harmony , f1 with its general purpose and intent , where there are ' practical difficulties or peculiar hardships in the way of carrying out the strict letter of the provisions of this ordinance , so tha� the public health, safety, ; and general welfare may be secured and substantial F; justice done , provided that a change in the boundary of any district except as permitted in this section or a modification of the height limits or buildings _ intended to increase said limits shall not be con- strued as being modifications permitted by this section,:" ii In analyzing the facts set forth above , in light of the approp�iate code provisions it appears the appeal in question was brought before the Couneil as required by Section 64.03 of the St. Paul Legislative Code. It is further apparent substantial opportunity to be heard was given to the appellant in view of the three hearings conducted in the matter. The record shows at the conclusion of the third hearing the matter was laid over indefinitely; and, further, the appellant was reportedly considering meeting with their architects on the matter. °No action was taken on the matter from March 11, 1966 , through February 21, 1967, when appellant � requested further consideration. The reason for laying the matter over '' indefinitely is not disclosed in the Council Minutes other than tlie pending meeting between the appellant �nd their architects. Otherwise , the Council Minutes are silent. The code is silent as to any time limi- . tation for deciding upon an appeal matter. However, approximately one -"�-- year ha�passed which constitutes a considerable period of time. .� It shoul� be further pointed out that the recommendation made by the,� Zoning Board was based upon their investigation of the matter on January 20 , 1966�, which is over one year ago. Common sense and sound judgment dictate cir- , cumstances that affected the appellant property at that time may not be similar at the present time. Since the provisions in Section 63.04 are silent as to a specific time limitation for an appeal determinati.on by Council, it is logical to assume a reasonable time would be warranted to provide a sound basis for a final. decision. However, a time lapse of � .�� + ', �^ � , ,; ' . - .o . �� Mayor and Council -4- March 20 , 1967 one year appears to exceed a reasonable period of time in light of pos- sible changing circumstances which may adversely affect interested property owners . In answering the first question, the City Council can make a determi- � nation of the appe.11ant's property after the matter is re-submitt�d to the Zoning Board for its "current" recommendation on the matter and a new hearing is conducted to enlighten the City Council of current factors , if any , affecting the properties under the appeal. In answering the second question, Como Park Lutheran Church is re- quired to take no action since their Notice of Appeal is already before the Council. However, this assumes their appeal is similar in every re- s�ect to the original appeal request submitted originally January 6 , 1966 . Yours very truly , JOSEPH P. SUMI�RS Corporation Counsel �� N R. DUCKS.TAD ssistant Corporation Counsel JRD:jr . I � ( � ' . ^V� � r � I , , � � � . CITY OF SAINT PAUL �(� i MINNESOTA DEPARTMENT OF FINANCE 113 Court House 55102 � April 21i 1967 � City Clerk File X286, 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 of St. naul at 10:00 a,m. on May Lt, 1967� on the appeal of Como Park Lutheran Church to establish a new building line and relax lot coverage requirement at the southwest corner of Hoyt Anenue and Sheldon Street on the following property: Lots 17, 18� 19, 20, B].ock 7� Hoyt�s Rearrangement of Como Outlots, For fl�rther information contact Planning Board, Room 20� Court House or phone 223-4151, JAMF.S J. DAI,�GLISH � Commissioner of Finance �i :� �: M( � � . �`! �O �`�