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216154ORIGINAL TO CITY CLERK PRESENTED BY COMMISSIONS 216.54 CITY OF ST. PAUL COUNCIL NO. OFFICE OF THE CITY CLERK FILE UNCIL RESOLUTION - GENERAL FORM RESOLVED,that the appeal by Hess Kline, under the Zoning Code, pertaining to the establishment of setback requirements for Lot 16 and part of Lot 15, Block 5, "Bohland's Edgcumbe Hills ", pursuant to said appellant's request, hereby shall be deemed withdrawn and dismissed, and the filing fee in the amount of $20 paid by Judd S. Mulally, said Hess Kline's attorney, shall be refunded to said Judd S. Mulally. COUNCILMEN Yeas Nays •- Holland Loss µ Mortinson Peterson Rosen Mr. President, Vavoulis lOM 6-62 t k In Favor Against k j Council 'File No. 218154 —By Frank L. Loss— Resolved, under the Zoning Co e, pertain i i g to the establishment of setback re- S q ements for Lot 16 and part of Lot 15, Block 5, ','Bohland's Edgcumbe Hills ", pursuant to said appellant's u re- Iqest, hereby shall be deemed with= drawn and dismissed and the flling fee I in the amount of J20 paid by Judd S. Mulally, said Hess Kline's attorney, shall be refunded to said Judd S. Mulally. 1 Adopted by the Council January 10, 1964. Approved January 10, 1964. (January 18, 1964) 101964 Adopted by the Council 19— JAN 101964 Approve d 19— Mayor DUPLICATE TO PRINTER 4 2161,54 CITY O� ST. PAUL COUNCIL NO. _ OFFICE OF THE CITY CLERK FILE COUNCIL RESOLUTION - GENERAL FORM PRESENTED BY COMMISSIONER DATE RESOLVED,that the appeal by Hess-Kline, under the Zoning Code, pertaining to the establishment of setback requirements for Lot 16 and part of Lot 15, Block 5, "Bohland's Edgcumbe Hills ", pursuant to said appellant's request, hereby shall be deemed withdrawn and dismissed, and the filing fee in the amount of $20 paid by Judd S. Mulally, said Hess Kline's attorney, shall be refunded to said Judd S. Mulally. JAN 101964 COUNCILMEN Adopted by the Council 19_ Yeas .P� Nays JAN 1019004 Holland Approved 19_ Loss In Favor Mortinson Peterson Against Mayor Rosen Mr. President, Vavoulis font 6-62 OFFICE 'OF CITY. CLERK BUREAU OF RECORDS 386 City Hall and Court House St. Paul 2, Minnesota w. Donald L. Lais Corporation Counsel Building Dear Sir: MRS. AGNES H. O'CONNELL City Clerk HAROLD J. RIORDAN Council Recorder January 9, 1964 ALTS JAN 9 1964 CORP01?41101v �v The City Council requested that you draw a resolution permitting Hess Kline to withdraw his zoning appeal pertaining to setback requirements for property described as part of Lot 15, Lot 16, Block 5, Bohland's Belgeumbe Hills, and authorizing refund of the $20.00 filing fee to his attorney, Judd S. Mulally, 707 Degree of Honor Building. Very truly y�o ours, Gam` ���'�i -�- /�' City Clerk CITY OF SAINT PAUL - MINNESOTA . 8 CI Y- OF SAINT lCapital of Minnesota TMENT,.OF BUREAU OF PUBLIC BUILDINGS PAU �- - - COMMISSIONER:- p' j• -" y 'r: H'I`L I-P --L,—L E I E R - ---�4 � ALFRED H. SCHROEDER, City Architect 445 City Hall, Zone 2 CApital 4 -4612, Ext. 361 January 8,• 1964 Hon. City Council City of Saint Paul Gentlemen: You referred to this office for recommendation on January 7, 1964 a request of Mr. Hess Kline through his attorney, Judd S. Mullaly, for a return of a $20.00 filing fee paid for a zoning appeal for a change in the setback requirements - for property described as Part of Lot 15, Lot 16, Block 5, Bohland's Edgcumbe Hills. I have made a check and find that this appeal was withdrawn before any appreciable amount of field work was accomplished by either this office or the Board of Zoning. Therefore, it is the recommendation of this office that the $20.00 filing fee be refunded. Yours truly, A4 H. Schroeder CI ARCHITECT I AHS..A b-0 • � A,I Mr. Alfred H. Schroeder City Architect Building Dear Sir: The City Council referred to you for recommnendation the attached letter of Judd S. M lally, attorney, on behalf of Hess Kline, requesting with- drawal of his appeal with reference to certain property in Block 5, Bohland's Edgcumbe and refund of the $20.00 filing fee paid therefor. Hills s �ery truly yours,, M s � - j ci y cog t CITY OF SAINT PAUL - MINNESOTA 8 r O F FICE OF CITY, C L E R K / MRS. AGNES H. O'CONNELL ' ' .� �= City Clerk BUREAU : OF RECORDS `� HAROLD J. RIORDAN I • _ Council Recorder 386 City Hall and Court House St. Paul 2, Minnesota � w C_ c ' rn a G l / W r O ` �.. - • sy.r�"' d Jan 96 . 7 , 1 4 Mr. Alfred H. Schroeder City Architect Building Dear Sir: The City Council referred to you for recommnendation the attached letter of Judd S. M lally, attorney, on behalf of Hess Kline, requesting with- drawal of his appeal with reference to certain property in Block 5, Bohland's Edgcumbe and refund of the $20.00 filing fee paid therefor. Hills s �ery truly yours,, M s � - j ci y cog t CITY OF SAINT PAUL - MINNESOTA 8 . r^ SAMUEL LIPSCHULTZ (1894 -1960) MILTON H. ALTMAN JAMES H. GERAGHTY JUDD S. MULALLY HONNEN S. WEISS KENNETH M. SCHADECK RALPH E. KOENIG SYDNEY C. BERDE COUNSEL ALTMAN, GERAGHTY & MULALLY ATTORNEYS AND COUNSELLORS AT LAW 707 DEGREE OF HONOR BUILDING ST. PAUL,MINNESOTA 55101 224 -6471 Office of the City Clerk City Hall and Court House Saint Paul_, Minnesota Attention Mr. Harold Reardon Gentlemenr January 2, 1964 A few months ago, on behalf of Hess Kline I filed in your office • Petition addressed to the Mayor and City Council requesting • change in the setback requirements of property which Mr. Kline had purchased and upon which he intended to erect a home. The legal description of that property as stated in the Petition was as followsr All of Lot Sixteen (16) and that part of Lot fifteen (15) described as followsr Beginning at a point on the boundary line between said Lot fifteen (15) and Edgcumbe Road., forty -nine and one --half (49 -1/2) feet Southwesterly from the intersection of the boundary line between Lot fifteen (15) and Lot fourteen (14) and Edgcumbe Road,, thence in a' Northwesterly direction to a point on the boundary line of said Lot fifteen (15) between said Lot and Orme Court-, twenty -five and eighty --five hundredths (25.85) feet measured on the arc from the point of , intersection of the boundary line between Lot fifteen (15) and Lot fourteen (14) and said Orme Court, thence along the boundary line between said Lot fifteen (15) and Orme Court to the point where the boundary line between said Lot sixteen (16) and Lot fifteen (15) meets Orme Court, thence along the boundary line between Lot fifteen (15) and Lot sixteen (16) to the boundary line between said Lot fifteen (15) and , Edgcumbe Road, and thence along Edgcumbe Road• to the point of beginning, Block Five (5) , "Bohland's r Edgcumbe Hills", according to the plat thereof on om /' (� file and of record in the office of the Register of Deeds in and for said Ramsey County,. Minnesota. Office of the City Clerk Page Two January 2, 1964 Mr. Kline has decided not to erect a home on the property at this time and,, therefore, we request that the Petition dealing with the setback be withdrawn and dismissed. As I recall at the time I filed the Petition I also paid a filing fee to your office in the amount of $20.00. Since this matter was never brought up before the Zoning Board, I would think that all or at least a portion of the said $20,00 should be refunded. I am sending a copy of this letter to the Zoning Board so that they may strike this matter from their calendar. JS m/ml Yours very truly, i d S- r . Mulally for ALTMAN -e GERAGHTY & MULALLY u s _J a-16 PLANNING BOARD OF THE CITY OF SAINT PAUL MEMORANDUM DATE: January 4, 1964 TO: City Clerk FROM: E. M.Johnson SUBJ.: Appeal of Hess Kline We are returning herewith the appeal of Hess Kline for a building line setback on property located on the west side of Edgcumbe Road between Howell & Hampsire Streets described as Lot 16 and part of Lot 5, Block 5, Bohland's Hdgcumbe Hills. Mr. Hess Kline's attorney, Mr. Mulally, has indicated that the property will not be utilized at this time and there- fore they wish to withdraw the appeal. We are closing out the file at this time. EMJ :FGI Encl. Z. F. 5163 �-7 "rn- E, M. J hnson Zoning Specialist -4- t . - PT:TITIONr ` • .r -- r.. ; , ti ; .. - _ � ' t ,_ , , . cn 1 : , ' . � - ,. J CJ�_f ' • '. yr• .TO'THE HONORABLE. MAYOR AND .CITY COUNCIL c/o The City Clerk • _ City of Saint Paul, Minnesota ' -:Hess Kline,,: Petitioner herein,: respectfully -- states as' followst' _ That _he is the owner of,the property located a.n "the, City of Saint ; ! Paul ,, "County o_ f'Rams- eyr State = of.Minnesota,' described .as follows: - * All of Loj,:�. Sixteen' (16) -and that part of Lot` fifteen (15)-described as followst. Beginning at &,point on,, . - the boundary`line °between said Lot'fifteen (15) 'and` _ •Edgcumbe Road; `forty -nine and "one =hal'f '(49 -1%2) > feet Southwesterly -from the intersection of the • boundary line between Lot• fifteen +'(15)' and Lot fourteen (1.4) and Edgcumbe Road {_ thence in a 9 Northwesterly direction'to a point, on the boundary line of said Lot ,fifteen (15) between said° Lot and- _ Orme Court, • twenty -five and eight. five hundreaths rYl .• f (25:.85).= feet measured on the arc -from the point,of, Y .intersection -of the - boundary line between Lot fifteen = ,2 ' (15) and Lot fourtee4 `(14) and said -Orme • Court, tlience ': ��- along -the, bounds line.b tween said Lot fifteen (15) . tt KE L ". .. __•tr'.y. i•r - -s a =r,_ut l.. _.i e n 4 "" - _ _:-• --_ --- _.: "`= •4. T - - v - �..'�r' z and Orme 'Court to the, point where the boundary line •' 'between said Lotsixteen (16) and'Lot fifteen (1S) meets Orme Courts thence along the `boundary line, h' ' - betwedn L_ of fifteen (15) arid Lot "sixteen .(16) ,to the`':.. i• - boundary line between said Lot fifteen (15) and Edgcumbe "Road,- and- thence along Edgcumbe Road' to" th'e,npoint'of beginning, Block five �Bohland's •Edgcumbe Hills, .according to the plat thereof 'on,, file - arfd 'of- record in the office of the Register, of Y' Deeds in and-for`sdid Ramsey Codnty4 Minnesota; ; ,`- .That Petitioner intends to`build a home upon the •above- described ' property but because of the terrain and slope of said property which . _ drops sharply down to Edgcumbe Road,;• -it is difficult to place the build- 4 `ing on the property so that it will conform with the port on Legislative Code providing for setbacks ;�} t. 'k`i � i !A rr ff 777 t p y MARS 19G r•` �''` k, =,a �" CXT Saiat � �. �►� M1'nni'9ata• z • �; • E � ;, • � ` • ti 3 ' . • - ,F - ' • - . - _ `•.Tat. , , t. L •' i • } , _. ' - , -, - -• , ti •, •'.•. - '� WHEREFORE, Petitioner, prays that there' be established a • :setback as to said'property of thirty -five (35) feet 'from Orme Court. • 2 .x ' '^_- ,.�.. Hess Kline e , _ �_�' - s�•r) a•`$ 1 ;x44• . -. __ } Y S. ` - r . ` '. .. , .t - STATE- OF NnNNESOTA COUNTY OF `RAMS'Y: rt t r , . "' Hess-Mine•beiiig first duly`"sworn deposes and states that he is the Petitioner in the above Fetitiont 'that he has�read the Petition ,and that - - 'a; y., a .t'. :� -' . 4 Z'' 3 -ji'`. a..y:- •, _ , - the same is true in all things. 'r 'tk' S �t ' {t w. i« `c: • •74"' -f, • z- r1 . �• T _ f > " _,ti - y �, ` _ -, , . Y ' Hess Kline - Subscribed and sworn to before me • ,' ibis- day ofd /f1 y ,_ 1963, • vw�� — ,rte. , .L � ` - t ` - .. .. < � ' — ' .i - i=7 - 1 ,-+ r " . — ., -. — } Notary Pupii ,, Ramsey y county, Mlon- t r !Commis$�Q� Expires Sept 311966 al It l .e a - - 1 . • - i .y ?.jam{ �:`' .la ' • r, i - R s \ � t "_ 't �v'� }��a "!C , �.L� -' C�T .7 i T•`�,� rj } =' .�7 ��I�rb� r�lf'► � n