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
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PLAT OF SURVEY
OF PROPERTY OF
DE A SCRIBED AS FOLLOWS* L a f-s /Z
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6-4
SCALE: 1 INCH
FEET T. J. WELCH, REGISTERED SURVEYOR
738 SURREY AvENuE, ST. PAUL 6. MINN.
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sCERTIFZQATE OF SURVEY
-- .,hereby certify' that. on 19
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above plat,. Js,. a, eorrbct, representation, of said survey.
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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.
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sCERTIFZQATE OF SURVEY
-- .,hereby certify' that. on 19
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I d t he 'pr6perty described above and that the
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above plat,. Js,. a, eorrbct, representation, of said survey.