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221118ORIQINAL TO CITY CLERK = CITY OF ST. PAUL OFFICE OF THE CITY CLERK COUNCIL RESOLUTION — GENERAL PRTED BY COMMISSIIONEQ 1 DATE FORM COUNCIL NO FILE 221 100 RESOLVED upon the pertinent appeal, under the Zoning Code, by Louis G. Le Maio and Donna De Maio, as owners of the subject premises situate in the City of Saint Paul, described as the easterly 75 feet of Lots 3, 4, 59 69 71 8, Block 12, Gurney Highland Park subject to Wheelock Parkway; located on the southwest corner of Gurney Street and Wheelock Parkway, that the provisions of said.Zoning Code hereby are determined and varied in applica- tion as necessary therefor, and the building setback line applicable to said premises in respect of the west line of Gurney Street upon which the same abut, hereby is established as a line drawn across said premises parallel thereto and four (4) feet distant from said west line of said Gurney Street. COUNCILMEN Yeas Nays Dalglish Holland Loss Meredith Peterson Rosen Mr. President, Vavoulis 16M 6.64 Fe ONING APPEAL hereby given that a public he ll be held before the City at 10 Council�Chamber in, all and Court house, in the he appeal of Louis DeMaio, latives Code, Zoning vCode, - �to relax required 26 400t setback from Gurney Street to 4 -feet to construct `a garaga on the East 75 feet of. Lots 3 through 8, Block 12, Gurney Hi h' land Park (Subject to Wheelock). on the southwest unimproved Wheelock Parkway , Gurney Street. Dated November 12, 1964. ROBERT B. GERC.BiERClerk. (November 14, 1964) - DEC 17 1964 Adopted by the Council 19— DEC 1719 pproved 19 —. Favor Mayor Against PUBLISHED DEC 10 1944 iii . .. ,:'� R D OF ZONING, C I T Y O_ F SAINT P A U L .... " ". #k4F.NSi.CRF: 451- 454 -485 1315 CITY HALL AND COURT HOUSE SAINT PAUL 41 MINNESOTA ............... 1 R Mr.Robert B. Gerber Jr. City Clerk Building Dear Sir: n November 24, 1964 22 ... This is in reply to the referral of the appeal of Louis G. and Donna De Maio to waive the required 26 foot building line setback f romGurney Street for property located at the southwest corner of Gurney Street and Wheelock Parkway which is described as the east- erly 75 feet of Lots 3, 4, 5, 6, 7, 8, Block 12, Gurney Highland Park subject to Wheelock Parkway. The property is zoned "A!' resi-' dence. The site is developed with a single - family residence which fronts _ on Wheelock Parkway and which was constructed in 1963. It is now proposed to construct a garage and breezeway on the east side of the residence. The subject property consists of part of six lots originally platted fronting on unimproved Gurney Street. The ' applicant is requesting a four foot building setback from unimproved Gurney Street. The Board of Zoning considered this matter at its regular meeting on October 23, 1964. The staff reported that a minimum four -foot setback from Gurney Street should be maintained, and that it did not appear that the requested relaxation would have a detrimental effect on other properties. The Board of Zoning, after discussing this matter with the applicant and his attorney,' recommended estab- lishing a four -foot building line setback from Gurney Street for the above described property. Sincerely, B. R. Teig .I.P. Recording Secretary BRT : FGI Encl. Approved Z. F. 5643 Member, Board of Zoning CC: Mr. Janes r City Clerk CITY OF SAINT PAUL MINNESOTA DEPARTMENT OF FINANCE 113 Court House 55102 November 13, 1964 File 16640, 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 November 27, 1964, on the application of Louis DeMaio for an appeal to relax the required 26 -foot setback from Gurney Street to 4 -feet to construct a garage on the following described property: East 75 feet Lots 3 thru 8, Block 12, Gurney Highland Park (subject to Wheelock). The property is located on the southwest corner of Wheelock Parkway and unimproved Gurney Street. For further information call at Room 1315, Court House or phone 221- 1612, Extension 251. JAMES J. DALGLISH Commissioner of Finance `, 4 November 24, 1964 Commissioner City Nall St. Paul, Minn. Dear. Sir: In November, 1963, two homes were built on Wheelock Pkwy. and Gurney Street in violation of the Zoning and Building 00"0 The Building Dept. agreed with builders that if they used Gamey Street as the front and remained 261 back from street and used back of house for a parking lot they could build these two houes,.and the permit so requires. Immediately after these homes were built the owners deliberately violated their agreement to have parking lot in rear and instead bstilt it on the side of house only four feet from Gurney Street. They also moved in two pigeon coops, with- out a permit, which is another violation. Not having enough dirt to fill around the houses, they removed illegally 1,000 yards of dirt from Guraey Street and 400 yards of dirt from my property and apparently had permission to do this from the Public Works Dept. Now that they got by with all these violations they are planning more violations. They plan on building a_garage four feet (41) frog Gurney Street. The new nmmber of the Planning Board, I understand, In a member of the agency that sold this property to these people and is using his influence with the Planning Board to help these people to continue to violate the Zoning Ordinance, the Building Code and their own agreement with the Building Dept. I AM THE OWNER OF 10 LOTS ON GUR17BEY STREET AND UP -TO -DATE THE CITY HAS SHOWN NO INTEREST IN PROTECTING MY PROPERTY RIGHTS according to the Laws of the City and State. I ask the Mayor and the City Council toDENY THIS APPLICATION OF LOUIS DeMARIO to violate the City Zoning and Building , ___ Very truly yours, William A. Roil _t�tl PETITION •�Q To the Honorable City Council ' Court House V­' St. Paul, Minnesota Dear Mayor Vavoulis and Gentlemen: Please be,advised that Louis G.- DeMaio and Donna DeMaio are the owners of the following described property on the south side of iLeelock Parkway immediately west of Gurney Street, to -wit:, The Easterly 75 feet of 16ts 3* i 4, 5, 6, 7 and 8, Block 12, Gurney Highland Park, subject to Wheelock Parkway, according to the recorded plat thereof on file -;and of record in the office of the Registerrof,Deeds in and for Ramsey County, Minnesota, As is•shown on the attached sketch,- this - property is iii a block where the lots are not of uniform depth and are •of -irregular shape:. -The DeMaio property abuts Gurney Street on the east and iLeelock Parkway -oii the north. By reason of the fact that`tYie property falls away very sharply to the south to "the right -of- way -of the'St: Paul'Water Works, there.is little or ' no likelihood that Gurney Street•will•ever be improved south of Wheelock Parkway. Gurney Street,is platted to'a width of 60 feet. On behalf of Louis G. DeMaio� and -Donna DeMaio it is respectfully requested that the setback requirement from Gurney Street be waived so as to permit them to build a garage iattached�t& their house. The DeMaios' house is already completed'and it is impossible for'them to build a garage without ` a variance being granted.,... Off.street parking is important at this location from both the standpoint of traffic'safety'and convenience for Mr. and Mrs. DeMaio due to the high volume'of traffic on Wheelock Parkway'at this time.- - Respectfully submitted E. DAUBNEY At orney for Louis G.'DeMai -d Donna DeMaio 00 Pioneer Building St. Paul 1, Minnesota STATE OF MINNESOTA SS COUNTY OF RAMSEY John E. Daubney,'being duly sworn says that he is the attorney for the owners of the property in the above petition; that-he has read the foregoing petition and knows the contents thereof; that the same is true of his own know - ledge, except as to those matters therein stated on information and belief, and as to those matters he believes them to b true. • s . _ aubney - , —..� 'Subscribed and sworn to before _ i ,me._,this;23rd day of September, 64. Margaret egnier Notary Plic, Dakota C unty, Minn. My Comm._ssion expires'Sept. 22, 1970- j 1130 it e ' tt ).doa A doca) ,z . -x 083x TELEPHONE: PR 6-0640 PLAT OF SURVEY OF PROPERTY OF DE A SCRIBED AS FOLLOWS* L a f-s /Z a. d 6-4 SCALE: 1 INCH FEET T. J. WELCH, REGISTERED SURVEYOR 738 SURREY AvENuE, ST. PAUL 6. MINN. X&FA�-Z o C- A I I 3s - � - - - � - s - � o�.f y • r � t�., Itty � K, X-� tj Vy 19 1- 141, -1 iy y i;E 1, gi Mn UA A iyr 411. sCERTIFZQATE OF SURVEY -- .,hereby certify' that. on 19 J I d t he 'pr6perty described above and that the ' above plat,. Js,. a, eorrbct, representation, of said survey. I i-doo �Bx tt ).doa A doca) ,z . -x 083x TELEPHONE: PR 6-0640 PLAT OF SURVEY OF PROPERTY OF DE A SCRIBED AS FOLLOWS* L a f-s /Z a. d 6-4 SCALE: 1 INCH FEET T. J. WELCH, REGISTERED SURVEYOR 738 SURREY AvENuE, ST. PAUL 6. MINN. X&FA�-Z o C- A I I 3s - � - - - � - s - � o�.f y • r � t�., Itty � K, X-� tj Vy 19 1- 141, -1 iy y i;E 1, gi Mn UA A iyr 411. sCERTIFZQATE OF SURVEY -- .,hereby certify' that. on 19 J I d t he 'pr6perty described above and that the ' above plat,. Js,. a, eorrbct, representation, of said survey.