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221488d _ Original to City Clerk PRESENTED BY ORDI.NAPTCE 22`x_488 COUNCIL FILE NO. ORDINANCE NO. 12 D An Ordinance amending the Zoning Code, Chapters 60 to 64 inclusive of the Saint Paul Legislative -ode, pertaining to Use Districts, Height Districts and Rezoning of certain properties in the City of Saint Paul, as amended. This is an emergency ordinance rendered necessary for the preservation of the public peace, health and safety. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the Zoning Code, Chapters 60 to 64 inclusive, of the Saint Paul Legislative Code pertaining to &e Districts, Height Districts, and Rezoning of 6ertain properties in the City of Saint Paul, as amended, be and the same is hereby further amended so as to rezone the following described property on the terms and conditions expressed herein from "A" Residence District to Commercial District, to wit: "Lot 4 and the north 30 feet of Lot 5, Block 14, Edwin M Ware's Cumberland Addition Plat 1 ;" situate on the west side of Western Avenue between Arlington and Nebraska Avenues in the City of Saint Paul. Section 2. The property described above is subject to the following express conditions: 1. That, subject to any further reclassification of the hereinabove described real estate by virtue off' proceedings therefor hereinafter instituted, conducted and completed according to the applicable provisions of said Zoning Code, effective as of the date of said petition for reclassification and the applicable provisions of the statutes of the State of Minnesota, hereby the employment of said real estate henceforth is restricted and limited to the following specified uses, to wit: Commercial District for the operation of a one - operator beauty shop in the present single - family residence by the petitioner and property owner, subject to all applicable statutes, ordinances, rules and regulations prescribed and promulgated by governmental agencies having cognizance. 2. That the owner of said real estate, within the period of 60 days next succeeding the publication of this ordinance, shall file with the City Clerk, in two (2) fully executed counterparts, said owner's written acceptance of this ordinance incorporating, among other things, said owner's grant unto said 6ity of Saint Paul of a negative easement affecting said real estate, for the imposition, maintenance and enforcement of the aforesaid restrictions and limita- Original to City Clerk PRESENTED BY ORDINANCE Page 2: .1 -l-s$ COUNCIL FILE NO. l ORDINANCE NO.— tions upon the employment and use of the property described herein, approved as to form and execution by the Corporation Counsel and recordable in the office of the Register of Deeds and said negative easement and restrictive conveyance shall be drawn to exclude all uses permitted in "C" Residence Districts and "C -1" Residence Districts. 3. That, in addition to other requirements therefor, said owner's written acceptance and grant of negative easement shall incorporate a certified copy of this ordinance, and immediately upon the aforesaid filing of the same the City Clerk shall cause one of such counterparts thereof to be filed of record in the office of the Register of Deeds in and for Ramsey County, Minnesota, Section 3. This ordinance is hereby declared to be an emergency ordinances, rendered necessary for the preservation of the public peace, health and safety. Section 4. This ordinance shall take effect and be in force upon its passage, approval and publication. PETITION TO REZONE A petition having been filed request- in ChaF ters BO to 64 inclusive, St. Paul Legislative Code, re Zoning, etc., be amended so as to rezone Lot, 4 and the north 30 feet of Lot 5, Block 14, Edwin M. Ware's Cumberland Addition Plat #1, on the west side of Western Ave. between Arlington and Nebraska Aves., to Commercial Saint Paul has Council flxed the 1 City day of, December, in 9the at C Council o'clock hambert in the City Hall of said City, and at said time and place, the Council will and hear all recommendations relativeo objections said amendment. Dated December 3, 1914, ROBERT B. GERC EER,C1R , (December 5, 1984) Yeas Councilmen Nays Dalglish Holland Loss D \ Meredith Peterson Rosen Mr.President (Vavoulis Attest: City Ifflerk d Passed by the Council FEB-2-T1965 In Favor Aguinst B2 Approved: el —i (-1/ IM "2 Form approved Corporation Counsel By PUBLISHED FEB 6 �� 00 City of Saint Paul, Minnesota V PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE The signer should-appraise himself of the uses permitted , under the new classification before signing this petition. �P(� For further information about the re- zoning of property, call the Board of Zoning Office Ca. 4 -4612, Ext. 251. (Please type or print) Date: TO THE HONORABLE MAYOR AND CITY COUNCIL % the City Clerk City of Saint Paul, Minnesota Pursuant to Section 23, Ordinance 5840, 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 500 or more of the frontage to be reclassified, petition your Honorable Body to rezone the following described propbrty: (legal description and street address) Edwin M. Wares Cumberland Add. Plat. I Lot 4 and North 30 ft. f Lod 5 -- Block 14 143 Western Ave. No. romr istrict to a District mot 1 l for the purpose oinstalling, constructing and /or operating the following: (describe briefly the proposed facility) Beauty Shop RECORD OWNER SIGNATURE LOT BLOCK ADDITION Marvin and Edwin M. Wares Cur Add. Plat Ex. A S.201,Lot 21 14 Lot 22 Wilbert L. and Edwin M. Wares Cuml Anne L. Bartlett ° Add. Plat 1 S 5' of Lot 24 &, e: 14 Lot 22 & all of Loi Sadao and a Edwin M, Wares Cum] Hatsume Akaki Add. Plat 1 N 201 of Lot 25 anc 14 Lot 26 Russell We and Edwin M. Wares CM Monica A. Muckals �� C Add. Plat 1 r 27 14 John • and, '` Edwin M. Wares Cun a Lorraine P. Balo , . g Add. Plat 1 • � S 2ur—OT o r: 14 20 iberland & S.301of ie rland :c. S30' ; 23 Berland all of erland erland 11 of Lot Lbzaze o=ma.nnesoza) o ty ofG��CJ qgy ss being first duly sworn,•deposes and states t he is the pers6n who circulated the within petition consisting of pages; 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 anda1 j of the part a so escr a .o Subscribed. and sworn o of re me Z /LIX3 "y- this f day of Notary Public, Ransey County, Minn My Commission expires hv- .. ... (Votary Public, Ramsey County, Mines. My Commission Expires Aug. 1, 1970. Z -1 7/2/54 1 Page_ of pages. Approved as to form 7 2 54 Office of the Corporation Counsel 11OCf 20 idN 4F. C I i`Y 0 i. :( ' .r i 0&- City of Saint Paul, Minnesota PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE The signer should appraise himself of the uses permitted under the new classification before signing this petition. For further information about the re- zoning of property, call the Board of Zoning Office Ca. 4 -4612, Ext. 251. (Please type or print) _ Date: TO THE HONORABLE MAYOR AND CITY COUNCIL % the City Clerk City of Saint Paul, Minnesota Pursuant to Section 23, Ordinance 5840, 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% or more of the frontage to be reclassified, petition your Honorable Body to rezone the following described property: (legal description and street address) Edwin M. Wares Cumberland Add. Plat I Lot 4 and No. 301 of Lot 5, Blk 14 1483 Western Ave. N. from a residential District to a t-nmmercial District, for the purpose of installing, constructing and /or operating the following: (describe briefly the proposed facility) Beauty Shop *Edwin M. Wares Cumberland Add Plat 2 RECORD OWNER SIGNATURE LOT BLOCK ADDITION aWa LCi V.L M.L11"WOULUI SS Tw1 1 Co of Ramse V =T /_,31Jbeing first duly sworn,,deposes and states t t he is the perdon who circulated the within petition consisting of jC pages; that the parties described above are the owners respectively of t 'e llots 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 al, o the parties descr bed Subscribed and sworn t befone me� this , f day of Notary 'Puu'bl�ic,_ Ransey County, Mi l My Commission expires Page, of pages. Approved as to form 7/2/54 ADO H H. R, Ramsey of the Corporation Counsel 'Notary Public, Ramsey OoUniy, lUfrii'f, My Commission Expires Aug. 1, 1970. y ad j . & asured on Ex. SWIly 0 ad j. & ured on Ell of erland exc. N 3rland Y adj. & Ly 271 Lot 51 Lot 7 5 F1 LED Z -1 7/2/54 4A �'611 OCT 20 Ati 9 21 CITY S,A'IvT * Elly of vac.' alle Gertrude L. Flynn z S�1 0 0 Elly & Wily lines & 21 of Lot 11 William L. and Ell -' of vac. alle Evelyn A. Berger N1 of Lot 10 m as Elly & Wily lines & • Lot Edwin M. Wares Cumb Thelma E. Bunde '912 M�' 14 Add. Plat 1 Exo- S 58 Lot 27& 201 Lot 2 Kenneth W. and ��� / Edwin M. Wares Cumb Mary D. Kellerman 7 14 Add. Plat 1 Robert . and W E I ly t of vao. alle Henrietta E. Turpin ({` 9 ' following exc. NEI and exc. SW y ` &•all of Lots 5 & aWa LCi V.L M.L11"WOULUI SS Tw1 1 Co of Ramse V =T /_,31Jbeing first duly sworn,,deposes and states t t he is the perdon who circulated the within petition consisting of jC pages; that the parties described above are the owners respectively of t 'e llots 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 al, o the parties descr bed Subscribed and sworn t befone me� this , f day of Notary 'Puu'bl�ic,_ Ransey County, Mi l My Commission expires Page, of pages. Approved as to form 7/2/54 ADO H H. R, Ramsey of the Corporation Counsel 'Notary Public, Ramsey OoUniy, lUfrii'f, My Commission Expires Aug. 1, 1970. y ad j . & asured on Ex. SWIly 0 ad j. & ured on Ell of erland exc. N 3rland Y adj. & Ly 271 Lot 51 Lot 7 5 F1 LED Z -1 7/2/54 4A �'611 OCT 20 Ati 9 21 CITY S,A'IvT y Y t City of Saint Paul, Minnesota PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE The signer should appraise himself of the uses permitted under the new classification before signing this petition. For further information about the re- zoning of property, call the Board of Zoning Office Ca. 4 -4612, Ext. 251. (Please type or print) Date: TO THE HONORABLE MAYOR AND CITY COUNCIL % the City Clerk City of Saint Paul, Minnesota Pursuant to Section 23, Ordinance 5840, 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% or more of the frontage to be reclassified, petition your Honorable Body to rezone the following described property: (legal description and street address) Edwin M. Wares Cumberland Add. Plat I Lot 4 and No- 301 of Lot 5, Blk. 14 1483 Western Ave. N. from a residential District to a commercial District, for the purpose of installing, constructing and /or operating the following: (describe briefly the proposed facility) Beauty Shop RECORD OWNER SIGNATURE LOT BLOCK ADDITION Clarence and Edwin M. Wares Cum Add. Plat 2 Wo X ly of vac. al le, " /A,-P- td 9 XA Lot l5,16 & 17 Frank A. and V Lorena A* e a / Edwin M. Wares Cum 2 14 Add. Plat 1 Kenneth N. and Patricia A. Kreuser Edwin M. Wgres um V G , 3 14 Add. Plat 1 Peter W..and Helen M. Buhl mil✓ Edwin M. WN—re—s-= do 6 14 Add. Plat 1 Otis L. and Allis M. Hampton w n wares 1 14 Add. Plat 1 ��aze v= minnesvza7 Count of Ramsey s I '/ % ltotzbeing first duly sworn,, deposes and states tb,A he is the pe on who circulated the within petition consisting of J9 ages; 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 des ribed Subscribed and sworn o b f e me this r' day Notary Public, Ransey County, M My Commission expires AD(C°H H. AAMOTH Notary Public, Ramsey County, Minn. My Commission Expires Aug. 1, 197M Z -L 7/2/54 berland Y Ad j . & berland berland berland berland Page of pages. Approved as to form 7/2/54 Office of the Corporation Counsel I FJ LU ,,6y OCT 20 Ian 9 22 CITY 5l1M,a i -CT F t�F J City of Saint Paul, I Minnesota PETITION TO AMEND ORDINANCE NO. 5840, THE BUILDING ZONE ORDINANCE The signer should appraise himself of the uses permitted under the new classification before signing this petition. For further information about the re- zoning of property, call the Board of Zoning Office Ca. 4 -4612, Ext.' 251. (Please type or print) Date: 4 C� • ZZ i / TO THE HONORABLE MAYOR AND CITY COUNCIL % the City Clerk City of Saint Paul, Minnesota Pursuant to Section 23, Ordinance 5840, 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% or more of•the frontage to be reclassified, petition your Honorable Body to rezone the following described property: (legal description and street address)_ •• Edwin. M. Wares Cumberland Add. Plat. I Lot 4 and North 30 ft. of Lot 5 -- Block 14 1483 Western Ave. N. from a residential District to a commercial District, for the purpose of installing, constructing and /or operating the following: (describe briefly the proposed facility) B'bauty Shop ftWeT.G ; 1 • 50 1 SIGNATURE LOT BLOCK ADDITION a�a�rs cal minneavtia�ss Co of Ram a l) r �O sing first duly sworn,, deposes and states th t he is the pers6ii who circulated the within petition consisting of ages; 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 a the true and correct signatures of each and all of /he parties s describe Subscribed _and swori`to before me c/ this' day of /� 7 Notary Public, Ransey County, M My Commission expires _ A001 PH H. AAMOTH Notary Public, Ramsey County, Minn. -My Commission Expires Aug. 1, 1970, Z -1 7/2/54 If Berland berland Page ±- of pages.- A 54 pproved as to form 7/2 F1 ! 171 Office of the Corporation Counsel `611 OCT 20 AN 9 21 CITY CLE-It ':i �L� SAINT Plliw- Edwin Me Wares GL-m _ - _ MIN-Add. Wares ��� a�a�rs cal minneavtia�ss Co of Ram a l) r �O sing first duly sworn,, deposes and states th t he is the pers6ii who circulated the within petition consisting of ages; 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 a the true and correct signatures of each and all of /he parties s describe Subscribed _and swori`to before me c/ this' day of /� 7 Notary Public, Ransey County, M My Commission expires _ A001 PH H. AAMOTH Notary Public, Ramsey County, Minn. -My Commission Expires Aug. 1, 1970, Z -1 7/2/54 If Berland berland Page ±- of pages.- A 54 pproved as to form 7/2 F1 ! 171 Office of the Corporation Counsel `611 OCT 20 AN 9 21 CITY CLE-It ':i �L� SAINT Plliw- } tiS Yom` ?. T '• ,4 i•R • . . -� • + � -- r• + ` • -- • , . . -L'. ACCEPTAN 0?? QRDIN E • THIS 'INDENTURE, Slade and eaeauted this y.I . Ay of ��_...� ... �......:..._. „ :. f 1965','- byr,and betreen loftati L. Clark• r s►nd- tariex�na.:.C3arki husbead and wif4� of the• Count.y of- �mseyi T 8 et+� "o ir�aesata, hvro natter design at*d ''the, first partie�s,,'�' and• CITY OF SAID PAUL, hivil after designatid "the- s000nd. panty,,"'. WOWS, -the ti.rst perti�ea,,+ on and far jk consSderable period of ' timeE tiext preceding' the seoo' nd day • at Vi6ruary, • 1965; y were' 4nd 'QVSr3nmo- said date have. been .t►a' oWr•ra, in fee si'aplat- of- all of the following, '4*s0r1brd areal estate sitUat& in -th* ',Cit.Y- of Saint- Co+cty off' - R.aes�ie� s ststa' ai` P�im#ee ©ta, to »w1 t = _ r Lot 4 t6d thi north 30 'feet 'of Lot Blook Edt In H. Ware's- Cumberland Additi,bn Plat, 11", _ �Ad; said vial estate= on 'said, data and for a oon., siderable petriod -of ti *e,, nett preceding the she ' ' vas zoned and - alassified_ ih "A" 'Residence " bistriat • uhdir and by, virtue oft _ Chapters 60 - -to ' 64, inclusivel. Zoni4 Cade, -- saint _Paul ,Legislative Codas, as amended, , and pursuant. to • the petition of the first partioi the Council of the j x0coad Nmrty t � according ,t4 the ,pro visions, of said Zonin* 'C0dt, . as amended, and. they Statutes .of th® -Stan of mirkilesotat iA uc,h Oases made -aiad provided,-,with ., the written sac q escent�e►;'of the ©xners 'cat tvo- thtrds of that' several desariptiansof real- estaii situated 41thin. 100 .test af.. r said reaal `estate, dtaiy enacted Ci y of- Faint Paul° Crdtnanoe No abrar'2.'- 1965l A'nd, published. ia the Offioial Q2i4N , #p re ed u: e spRper : a � ' thee we ©+end panty .on', the sixth day of February, 196 ,, amondin` said ZoMag Cade; as amended, so that said htro .n4bdvo , Uscrl od, real. ,estate was -' thereby, .and thereonder *atoned and _ Al . ` reolassified=frQ�' ��rr RasidenQa :�l,etri.t�'t'�o�omsterd3al �iatri:dt, ': ft •', Sub, OO to - eapeoial excep•ti.on$ Arid cohdi.tiobs ' iO the niture " `of ' - aspooUl .restri otions ..upon the -Use 'ef- the -same '_a hereby the uoe and e;ip'loyment 'of 'said hersinabove described real. estate Sias rastricttsd to, . the following �tss� and employments t 'iaub j oat :to further resonIng etitd 901 441fiaatioa of the same by _virtue of r proceedings therefore ,thereafter: institotadl. c6nducted, .atiid, coaaploted, aohord rig to pp cable' provisions of. said oning ©da,• as amended; - and of, statutes of- the -State of M;L=osota, to -vita . . ' Oommoj �di.al Oiatri.ot for ,the operation of a One -_ y - operator beauty; shop is the 'present single-family, by i the" petitQa,ar: and propmlrty ovner,- sub f eat to *11, applicable ,atai-tutex, or - tm tags - rules and i**gul.ationa. pr0oAbed and promblgetsd by- „ gorernmeatsl..agercies hsvng aogr�isa►n¢er. _ A � the -first artie�o¢ Pori -,theb4elves, : their hei.ra adstin•istrators eaa6utors_ -'and ass$gasf, in�snd �ersby to- Adeept- said Ordinance NO. 14� f and to! pro�vi:de'for tb ` i mpositi.oh$ Maintenance . and ant6rcoment of -such espeaial` restrictions °•upon the use -cif ,laid botsiaaboie desoribed. real estate, to rUn with the, limtf and to grant = unto , the , aedond party, in-further compliance - wit4 the . comdt tions . of said , Ordinance No, a'a6gati.v0 .0 , so- meat therefor i _ . • .' - - a „• IOW THSHUOU1, , the first parties,' as such owners of. ` - said. hereinabove - described,- real estate, - for thomsolves, their hsit -s' administratnrs,, executors, and aa*tgns do: hereby covenari , e td 'bind thetaaelvaiac, . ttiaelr: airs; .administrator a ersautor; and ` i assigns ua q the , soophd pa by that, -i.n a000rdance with-said Zoning' wdo,� as amead*A, - artioularly -as the same has boon ftonded '- by said -Ordinance Yo. -92 :488, said rial estate-has been. effectively : restricted and 1lisited ixt -respect of its uaw said'; saploytont 'and shall ' heneeforth be restr etid - and Limited Aa - suah particulars' Os follol s ' to- -wits f ♦g , } .ice - e �' - _ , � ; " -. .. ' �. •� .H -% . . - 5 That sub jeot to any further ' toolaasification 'of•• the - herelnebove • deadfibed .real estate - by virtues of pro- coedings therefor. hereiaiafter instituted, conducted acid . complsted. acoording to, they -applicable provisions- of said i Zoning Code effectiv as. of the date ,of said ,petition for reola�selfication- and the applicable' provisions of ' the .statuten of the • State ;of Minnesota, hereby, the employment, of said real estate henceforth Is restricted and lizi ted -to the -following,_ specified uses, to- vit s Commercial District for the operation - of a 046- Ope3rator beauty. shop ,iii the present., single - family ` :residence by the .petitioner and property owner, sub jelct- to.'all applicable statutes-, ordinances,, rulss and regulations prescribed and promulgated by governW -- _ mental agencies having - cognisance; and the said fitat p.ar-ties,'for themselves, their heirs, M1 administrators; executors once awsigns, hereby grantt • ctonvey and, ? a 7 f:: warrarit unto the second- party; 'sei3f'City ` ©f, faint'aul, ata push • mulai oipacl corporation, in'l tro;st +for =the. bienefi:t. of'•tho public, = .r a perpetual- negative easemont ln' and to said heroinabove des cribeid roal- gestate arid. all 't'h4ie of`y, for iheA. ltpodi tion,, maintenance and enforcement by the seavnd party, as such municipal corporations- - of the aforesaid restr, ctions and, limitations upon the use and employment - of•s aid her_einabove described real estate,io run with .•_ the land, and,for good and valuabls`considerition, the receipt ' and sufficiency whereof • -ley ,the first parties hereby are aoknowlddged. PuRTI ER, they first parties make reference to said' Zoning T Coda, at amended,- and,by reference incorporate, the same herein;- as part hereof', vi.th the some .intent, purpose, and effect said Zoning Code, as an€endesd� were fully set forth herein; and make further roferenoe t© said amendatory ©rdinatxce No. 221488- and- to,the duly certified copy of the same hereto attached and - _ hereb".- ncorporated heroin-76y. reference as`. part , hereof; and said = firkt �partiesl for.-themselves, -their heirs, . admitzi9tratora, executors and - assigns,- hereby accept, said amendatory'_ Ordinance xo. 221488, and every provision$ term, .and condition of the same without reservation or exception. - ` - IN -T]98TXXONY i OF,, soid. first. parties, - Sortaaa L. Clark and Marianne L. Clark, husbawf and wife, have set their hands to -this Instrumtht,as of the -day and 'year first above written... i < In Presenas -Of a man L. Clark ' Cc . ' a riani a L. Clark,/ r It. ororation 'As• s , STAT9 OP l lXiMSOTA ) 'CQVNZX OF RAMSEY ` 1 'On, this 1963 0 before me, ,�a' notary, publ�:c,with�.a, and ;for- said County per.sflt�slly ,npp,eared'XDft&n 1.- Clark' and Marlaxuie L. Clerk, to- sae kn©wn to be , the'`erovr�s described in,: and rho : e�CeCttat+3i3 the foregoing, lnstruienj, _ 'sr34_aa owledged that 'they `a�eauta�d the aa�ma as• their_.free set and _ .. _ , - - .• _ . dead �'� "�'` '- - _` ; ' , - -• � . . - . _ � - . - _ . _ -. - , NO tapg lc,, IW ►PWMW! XinA Notary Public, Ramsey County, Minn. , My - co=t s s iou expi re 9 m4f jjpmi§�i°.n txei•Fes Aug. 1, 1970. _ (SEAL)'. . >.RD OF ZONING, CITY OF- SAINT PAUL i..'•;:(' k �1..��d} ; 251-252-253 1313 CITY HALL AND COURT HOUSI SAINT PAUL 2, MINNISOTA 1.9�, December 15, 1964 Mx. ' Robert B. Gerber Jr. City Clerk Building Dear Sir: This is in the matter of the petition of Norman L. Clark to rezone from "A" residence district to a commercial district property located on the west side of Western Avenue between Arlington and Nebraska Avenues which is described as Lot 4 and the ��north 30 feet of Lot 5, Block 14, Edwin Mt Ware's Cumberland Additions- On November 2, 1964, the Commissioner,'of Finance reported the petition sufficient with the owners of '13 of a possible 17 (76.470) tracts of land within the prescribed 100,foot_ radius having signed the petition. The site is developed with a single- family residence and, as stated in the petition, it is proposed to -use a' portion of the structure for a beauty shop to be operated by the owner. The Board of Zoning considered:,this matter.-at-its regular meeting on November 19, 1964. The petitioner stated his wife will be the only operator in the shop, and he,is - willing to have a negative easement attached to the title of his property and to•be a part of the Ordinance f granting such zoning change'limiting the commercial use of his property to that of a beauty shop. a,_ - i The Board of Zoning recommended the granting of the rezoning of the pro- perty from an ",A! I residence district to a commercial district with a negative easement limiting thefcommercial use of the property to that of a beauty shop. The Board also recommends that, subject to favorable action by the Council, that the Ordinance be drawn to also exclude all uses permitted in the "C" and "C -1 "•residence district. r Sincerely, - v iel P* Recording Secretary BRT :FGI Encl. Approved •Z. F. 5650 Member, oard of Zoning • t. t ` DEPARTMENT OF FINANCE CITY OF SAINT PAUL MINNESOTA 113 Court House, 55102 JAMES J. DALGLISH, Commissioner I Phone: 2244612 THOMAS J. KELLEY, Deputy Commissioner Ext. 343 -344 November 2, 1964 To,the Council City of Saint Paul Gentlemen: I have rechecked the attached petition, filed in the matter of rezoning Lot 4 and the north 30 feet of Lot 5, Block 14, Edwin M. Ware's Cumberland Addition Plat #1. The property is located on the west side of Western Avenue between Arlington Street and Nebraska Ave- nue, from Class "A" Residence District to a "Co ®ercialL° Dis- trict, and find that said - petition is sufficient. very t awes J. Da sh Commissioner of Finance Re: 16636 - c.c. Mr. Ames City Architect Zoning Board as I` .If 1 " P a CITY OF SAINT PAUL MINNESOTA DEPARTMENT OF FINANCE 113 Court House 55102 December 4, 1964 City Clerk M File 16636, Page You are hereby notified that a public hearing will be held in the Council Chambers of the City Hall and Court House at 10:00 a.m. on December 17, 1964, on the advisability of rezoning from "A" Residential to Commercial the following described property: Lot 4, and north 30 feet Lot 5, Block 14, Edwin M. Wares Cumberland Addition Plat 1. The property is located on the west side of Western Avenue between Arlington and Nebraska Avenue (for purpose of constructing a beauty shop). For further information call at Room 1315, Court House or phone 223 -4151. JAMES J. DALGLISH Commissioner of Finance I Council File No. 221488 — Ordinance No. 12905 —By Frank L. Loss — An Ordinance amending the Zoning Code, Chapters 60 to 64, inclusive, o! the Saint Paul Legislative Code, per- taining to Use Districts, Height Dis- tricts and Rezoning of certain prop- erties in the City of Saint Paul, as amended. This is an emergency or- dinance rendered necessary for the Preservation of the public peace, health and safety. The Council of the City of Saint Paul Does Ordain: SECTION 1 That the Zoning Code, Chapters 60 to 64, inclusive; of the 'Saint Paul Leg= f islative Code, pet'taining to Use Dis-' H tracts Height Districts, and Rezoning of certain properties in the City of Saint Paul, as amended, be and the, same is hereby further amended so as to re- zone the following described property on the terms and conditions expressed herein from "A" Residence District to Commercial District, to -wit: , "Lot 4 and the north 30 feet of Lot 5, Block 14, Edwin M. Ware's ; Cumberland Addition Plat 1;" situate on the west side of Western Avenue between Arlington and Neb- raska Avenues in the City, of Saint Paul. , SECTION 2 The property described above is sub- ject to the following - express con- ditions: ' �1. That, subject to any further re -. .classifcation of the hereinabove_ de -' 4 scribed real estate by virtue of pro ' ceedings therefor hereinafter instituted, conducted and completed: according to the applicable provisons of said Zoning Code, effective as of, the date of said petition fo; reclassification and the ap -' plicable provisions of' the statutes of the State of Minnesota, hereby, the em -' ployment of said rdg estate hence- forth is restricted and limited to the following specified uses, to -wit: Commercial District for the op- eration of a one - operator beauty shop in the present single - family residence by the petitioner and property owner, 6 subject to all applicable statutes, or- dinances,, rules and regulations pre- scribed and promulgated-by govern- mental agencies having cognizance. 2. That the owner of said real estate, within the period of 60 days next succeeding the publication of this or- dinance, shall file with the City Clerk, in two (2) fully executed counterparts, said owner's written acceptance of this ordinance, incorporating, among other things, said owner's grant unto said City of Saint Paul of a negative ease- ment affecting said real estate, for the imposition, maintenance and enforce- ment of the aforesaid restrictions and limitations upon the employment and use of the property described herein, approved as- to form and execution by the Corporation Counsel and record- able in the office of the Register of Deeds and said negative easement and restrictive conveyance shall be drawn to exclude all uses permitted in "C" Residence Districts and "C -1" Res- idence, District,: 3. That in addition to other re- quirements therefor, said owner's writ- ten acceptance and grant of negative easement shall incorporate a certified COPY of this ordinance, and immediate- ly upon the aforesaid filing of the same the City Clerk shall cause one of such counterparts thereof to be filed of record in the office of the Register of Deeds in and for Ramsey County, Minnesota. SECTION 3 This ordinance is hereby declared to be an emergency ordinance rendered necessary for the preservation of the Public peace, health and safety, „ SECTION 4 This ordinance shall take effect and be in force upon its passage, approval and publication. Passed by the Council February 2, 1965. Yeas — Councilmen Dalglish, Holland, Loss, Meredith, Peterson, Rosen, Mr. President (Vavoulis) -7- Nays-0. Approved February 2, 1965. GEORGE J. VAVOULIS, Attest: Mayor. ROBERT B. GERBER, Jr., City Clerk. (February R. 19851 STATE OF MINNESOTA County of Ramsey es. CITY OF SAINT PAUL I+ ?Q ..fl . 0. l<' rJi. ------------- - - - - -- =-- :.._.__City Clerk , of the City of Saint Paul, Minnesota do hereby certify that I have • 1 � , compared the attached copy of Council File No ------- 221p__being..... ordinance $O. 12905y :. ; as adopted by the City Council_­___­ ...2W0. .....•..........19___65___ -__ -- and approved by the Mayor .............. FebrWIFT - -2ndy ---------- •-- - - -19- - 65-- - - - - -- with the original thereof on file in my office. I further certify that said copy is a true and correct copy of said original and the whole thereof. WITNESS my hand and the seal of the City of Saint Paul, Minn., this l� day of - ---- - - - - -- - — -- --------------- -----A. D. 9- 0 I.... -- ---- •----- -- °-• -- 22 City Clerk. Ist 0 2nd l l Laid over to _ I , 3rd and app 'a — Adopted Yea Nays Yeas Nays Dalglish � Dalglish �k#o}land Holland Loss � Loss I eMeredith Meredith P Peterson ,etersarr- i Resew -- Rosen Mr. President :101O is� r. President Vavoulis OURO O 51