06-947Council File # Ulo - `'l S' �
Green Sheet # ��
RESOLUTION
OF SAINT PAUL, NIINNESOTA
Presented By
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2 WHEREAS, Tom Baker, d/bJa Temo Sunrooms of Minnesota, on behalf of John and
3 Audrey Malone, made application to the Boazd of Zoning Appeals (hereinafter the "BZA") for a
4 variance from the strict application of I.eg. Code § 66.231 pertaining to the minimum required
5 front yard setback for the existing single-family home located at 742 Mount Curve Boulevazd
6 and legally described as set forth in Zoning File No. 06-108183; and
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WHEREAS, the purpose of the application was to vary the standards front yard setbacks
in order to add an enciosed screen porch to the said home; and
WHEREAS, the BZA duly conducted a public hearing on July 31, 2006 after having
provided notice to affected property owners and at the conclusion of the hearing, the BZA
moved to continue the matter for the purpose of sending out a new public hearing notice
advising affected property owners that the true purpose of the application was to construct a
"four season" porch and, accordingly, the matter was further continued to August 14, 2006; and
WHEREAS, on August 14, 2006, having provided proper nolice to affected property
owners, the BZA again conducted a public hearing on the matter and, at the conclusion of the
hearing, the BZA denied the requested variance for the following reasons as set forth in BZA
Resolution No. 06-108183:
The property in question cannot be put ta a reasonable use uncler the
strict provisions of the code.
The homeowners would like to build a front porch addition to the house.
The applicant states that there is no other place to locate a porch addirion,
although he has not submitted any floor plans or offered any explanation
for this statement. The average front setback of the homes on this block is
32 feet. Applying the provisions of Section 6b.231(g) would reduce the
required front setback to 28S feet. Applying the provisions of Section
63.105(d) which allows an open porch to extend 6 feet into a required
front setback, would allow the construction of a 9 foot porch addition
without the need for variances. The applicant states that the homeowner is
concerned about West 1Vile virus which is transmitted by mosquitoes and
therefore wants the porch enclosed. A nine foot porch addition, even if
enclosed, would be reasonable amenity for this house but the proposed 13
foot porch would extend too far into the front yard.
2. The plight of the land owner is due to circumstance unique to this
property, and these circumstances were not created by the land owner.
This house was built in 1954. The location of the house on the site, as
well as the room arrangement within the house, limit the options for
adding a parch. These are circumstances that were not created by the
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current property owners.
3. The proposed variance is in keeping with the spirit and intent of the code,
and is not consistent with the headth, safery, comfort, mora(s and welfare
of the inhabitants of the City of Saint Paul.
The proposed porch, extending 13 feet in frant of the house would not be
keeping with the adjacent homes that are both setback about 32 feet from
the front property line. An addition of this size would interfere with the
front view of the adjacent homes and skew the average setback of the
block. The proposed variance is not in keeping with the spirit and intent
of the code.
4. The proposed variance will not impair an adequate supply of light and air
to adjacent property, nor will it alter the essential character of the
surrounding area or unreasonably diminish established property values
within the surrounding area.
The proposed porch would maintain the same side setback as the existing
house. The single-story addition would not significantly affect the supply
of light or air to adjacent properties.
Four out of the five homes on this block have essentially the same front
setback. Projecting an addition to this house 13 feet closer to the street
would change the character of the neighborhood and could have an
adverse impact on surround properties.
The variances, if granted, would not pernait any use that is not pernzitted
under the provisions of the code for the property in the district where the
affected land is located, nor would it alter or change the zoning district
classi�cation of the property.
The requested variance, if granted, would not change or alter the zoning
classification of the property.
6. The request for variance is based primarily on a desire to increase the
value or income potential of the parcel of land.
O�-���
WHEREAS, pursuant to the provisions of Lzg. Code § 61.702(a), John and Audrey
Malone, duly filed an appeal from the deternunation made by the BZA and requested a hearing
before the City Council for the purpose of considering the actions taken by the BZA; and
WHEREAS, acting pursuant to Leg. Code § 61.702(b), and upon notice to affected
parties, a public hearing was duly conducted by the City Council on 3eptember 2Q 2006, where
all interested parties were given an opportunity to be heard; and
WI-IEREAS, the City Council, having heard the statements made, and having considered
the variance application, the report of staff, the record, minutes and resolution of the BZA, does
hereby;
RESOLVE, that the Council of the City of Saint Paul does hereby reverse the decision of
the BZA in this matter, based upon the following findings of the Council which, to the extent
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noted below shall amend the findings set forth in BZA resolution no 06-108183 and be
incorporated therein and any finding not so amended, shall remain the same:
1. The properry in question cannot be put to a reasonable use under the strict provisions of
the code.
The homeowners would like to build a front porch addition to the house. The applicant
states that there is no other place to locate a porch addition,
and the floor �lan
for the new, enclosed porch allows better utilization of the a�plicant's home. The
average front setback of the homes on this block is 32 feet. Applying the provisions of
Section 66.231(g) would reduce the required front setback to 28.5 feet. Applying the
provisions of SecUon 63.105(d) which allows an open porch to extend 6 feet into a
required front setback, would allow the construction of a 9 foot porch addition without
the need for variances. The applicant states that the homeowner is concerned about West
Nile virus which is transmitted by mosquitoes and therefore wants the porch enciosed. A
nine foot porch addition, even if enclosed, would be reasonable amenity for this house
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The pdight of the land owner is due to circumstance unique to this property, and these
circumstances were not created by the land owner.
This house was built in 1954. The location of the house on the site, as well as the room
arrangement within the house, limit the options for adding a porch. These are
circumstances that were not created by the cunent property owners.
The proposed variance is in keeping with the spirit and intent of the cade, and is not
consistent with the health, safety, comfort, morals arad welfare of the inhabitants of the
City of Saint Paul.
The proposed porch, extending 13 feet in front of the house
co`��d interfere with the front view of the adjacent homes and
skew the averaQe setback of the block. FI'ow�`yer;+ii[he
the code,
keeping with the spirit and intent of
4. The proposed variance will not impair an adequate supply of light and air to adjacent
property, nor will it alter the essential character of the surrounding area or
unreasonably diminish established property values within the surrounding area.
The proposed porch would maintain the same side setback as the existing house. The
sin¢le-storv addition would not sienificantiv affect the suvplv of lieht or air to adiacer
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154 5. The variances, if granted, would not permit any use that is not permitted under the
155 provisions of the code for the property in the district where zhe affected land is located,
156 nor would it alter or change the zoning district classification of the properry.
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158 The requested vatiance, if granted, would not change or alter the zoning classification of
159 the property.
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The request for variance is not based primarily on a desire to increase the value or
income potential of the parcel of land.
BE IT FURTHER RESOLVED, that the appeal of John and Audrey Malone is hereby
granted based upon the above amended findings; and be it
FINALLY RESOLVED, that the City Clerk shall mail a copy of this resolution to John
and Audrey Malone, the Zoning Administrator, the Planning Commission and the BZA.
Requested by Department oP
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By.
Adopted by CouaciC Date
Adopnon Ceitified by Council
By:
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ApproveA by �ate
By: ✓�"� `'�
Folm Approve b C j Attomey
By �W !�''t�l�tirv'�
Foan Approved M o for Submissiou to Couacil
By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
CA - cirynuomey
Confact Person 8 Phone:
Peter Watner
2G6-8710
Doc.Type:
E-0ocumentRequired: Y
DocumentContact: JulieKraus
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Assign
Number
For
Routing
Order
Confact Phone: 266-8776 I I
7oq1 # of Signatu' Pag _ (Ciip All Loca for Signature)
Action Requested:
Green Sheet NO: 3033152
Deparhnent SentToPerson
0 ' A I
1 'tpAttorQep Dwar� ntDirector I
2 _'NAttornev
3 a or's Ofiice Ma odAssis
4 onncil
5 ' Clerk CS er
MemorialiZing CiTy Council's September 20, 2006 morion to gant the appeal of John and Audrey Malone and approve a variance to
allow construction of a room addition to the front of the house at the property lmown as 742 Mount Curve Boulevard.
ttecommentlffiions: Appro�e (A) or F
Planning Commission
CIB Committee
t�til Service Commission
MustMswerthe Following
t. Has this personlfirtn e�er v,rorked under a contrect for this departmeM?
Yes No
2. Has this persoNfirtn eeer been a city employee?
Yes No
3. Does this persoNfirm possess a skill not nofmally possessed by any
cument city employee?
Yes No
Explain all yes answers on separate sheet and altach W green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages IfApproved:
The Council is required pursuant to the City Charter to have its acrioos reduced to wriring either in the form of a resolution or ordinance
dependent upon the nature of the matter before it. The decision of Council in this matter required a written resolurion in order to
comply with the Cl�arter. Approving the attached resolution fulfills the Counci]'s duty under the Charter.
Disadvantaqes If Approved:
None.
DisadvanWges If Not Approved:
Failute to appiove the resolution violates the City's Charter requuement.
Trensaction:
Funding Source:
Financial Information:
(Explain)
CostlRevenue BudgMed:
AMivily Number.
�6i��C�! ��SQ�t�� ���;a�
.�._• . � ���'A
September28, 200610:02AM Page 1
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CITY OF SAINT PAUL
Chrisiopher B. Co(eman, Mayor
August 29, 2006
Ms. Mary Erickson
Council Research Office
Room 310 City Hall
Saint Paul, MN. 55102
Dear Ms. Erickson:
OFFICE OF LICENSE, INSPECTIONS AND
ENVIItONMENTAL PROTECTION
Bob Kessler, Drrector
COMMERCE BU/LDING
8 Four7h Sireet Eaat, Su:te 200
St Paul, Minnesom 55101-1024
Telephone: 651-266-9090
Facsimile: 651-266-9124
Web: www.Gep.us
I would like to confirm that a public heazing before the City Council is scheduled for
Wednesday, September 20-2006 for the following zoning case:
Appellant:
Zoning File #:
Purpose:
Location:
Staff:
District :
Board:
John and Audrey Malone
06-129725
An appeal of a decision of the Boazd of Zoning Appeals denying a variance to
allow the construction of a room addition to the front of the house.
742 Mount Curve Blvd.
Recommended denial.
District 15 took no position.
Denied on a 4-3 vote.
I have confirmed this date with the office of Council Member Harris. My understanding is that
this pubiic heazing request will appear on the agenda of the City Council at your earliest
convenience and that you will publish notice of the heazing in the Saint Paul Legal Ledger.
Thanks !
NOTICE OF P[fBiIC �=°i+i�iG
5incerely,
John Hardwick, Zoning Specialist
The Saint Pan��ty Council will twn-
duct a public hearing on Wednesday, Sep-
tember 20, 2006 to eonsider the appeal of
John aad tludreg Malone.to a decision of
the Board of Zoning APPeals denying a
vari.ance to allow cpnstructian of a room
addition to the &ont of the house at 742
Mount Gwrve Boulevard. (Zoni�o � No.
06-129925)_ , .
Dated:Ad�ust29,2006 ��
MA,RY ER[CKSON,
Assistant Ciry Counc3i Secretary
(AVgust 31) .
S1: PADL LEGAL LED(iBR —s
azazieao . _ _ . _ _
AA-ADA-EEO Employer
o �-��
OFFICE OF LICINSE, INSPECTIONS AND
ENVIl20NT4INTAL PRO'I'ECCtON
Bob Kessler, Director
��i�1,
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�AAAp
CITY OF SAII�T PAUL
Christopker B. Colemarz, Mayor
August 29, 2006
Ms. Mary Erickson
Council Research Office
Room 310 Ciry Ha11
Saint Paul, MN. 55102
Dear Ms. Erickson:
COd�ilERCEBTIILDING
8 Fourtk Street East Suite 200
StPaul, Minnesota 55101-1024
Telephone: 657-166-9090
Facstmiie: 651-26E9L24
Web: mvwliep.us
I would like to confirm that a public hearing before the City Council is scheduled for
Wednesday, September 20-2006 for the following zoning case:
Appellant:
Zoning File #:
• Purpose:
Location:
Staff:
District :
Board:
•
John and Audrey Malone
06-129725
An appeal of a decision of the Board of Zoning Appeals denying a variance to
allow the conshuction of a room addition to the front of the house.
742 Mount Curve Blvd.
Rewmmended denial.
District 15 took no position.
Denied on a 4-3 vote.
I have confinned this date with the office of Council Member Harris. My understanding is that
this public hearing request will appeaz on the agenda of the City Council at your earliest
convenience and that you will publish norice of the hearing in the Saint Paul I,egai Ledger. �
Thanks !
:re�
Hardwick, Zoning Specialist
AA-ADA-EEO Employa
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August 21, 2006
St. Paul City Council
15 KeIlogg BIvd. W.
St. Paul, MN_ 55110
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RE: Variance Appeal-742 Mount Curve Blvd
Deaz Honorable Council Members:
As the contractor �or homeowners John & Audrey Malone, I wauld like to submit some
additional information supporting theiz appeal request for a variance to construct a much
needed 3 YZ season sunroom on the front of their home.
As you can see by Yhe enclosed plans, the residence currently has only a 5 foot set back
on each side of their home and, with a pool in the back yazd less then 11 feet from the
reaz of their home, they have no alternaiave but to build offthe front of their home. The
issue currenfly in front of the council is can the Malone's receive a variance of 13 feet
from the 32 foot average setback that the $oazd of Zoning states is the average setback of
homes on that block.
In a recent staff report prepared by John Hazdwick regazding the variance request, he
states in part, "Applying the provisions o£ section 66231(g) would reduce the setback to
28.5 feet Applying the provisions of secrion 63.1 d5(d} which allows an open porch to
extend 6 feet into a required front setback, would allow the constniction of a 9 foot porch
addition without the need of variances." While the homeowners are not building an open
porch, i£you apply this to the enelosed sunroom they aze proposing to buitd, they would
onfy need to ask for a 4 foot variaace.
DZount Curve is a very unique stceet with large and beautifi�l homes, many of which have
significant front setbacks. As you go further soutk on Mouut Curve, the front setbacks
get smallet as do the homes_ Many of the residences within blocks of either side of the
Malone's have significanfly less front setback then they currently have and in fact, some
of their neighbor's homes will have less setback then the Matone's new room, if they are
allowed to build it
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"Building dYeavns one Sunroonz ctt a tivne"
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This home at 606 Mount Curve is 20 feet fmm the street.
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This home at 620 Mount Curve is 22 feet from the street to the housa
This home on the same side of the street, one block north is 18 feet from the sidewallc. •
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This muiri-residence that siis on the edge of the sidewatk is 3 houses from Malone's.
These aze some examples of the many homes on Mount Ctuve Blvd. that currently haue a
front setback closer ffien what the Malone's setback would ba if the new sunroom was
instatled_
Based on this and the additional information supplied by the Malone's, I wouid
respectfully ask that yon approve the ciurent appeal before you and grant the variance.
erely,
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Rob � tta
Presi e
Enc:
•
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John and Audrey Malone
742 Mt. Curve Blvd.
St. Paul, MN 55116
City of St. Paul
Board of Zoning Appeals
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St. Paul MN 55101
August 9, 2006
We touted our house when it was for sale in January 2004 and fell in love with it because
it reminded us of the houses we grew up in. Also, the lot would allow for a pool.
The house needed major updates and renovations, including windows, electrical,
foundation repaar and water proofing. Additionally, we gutted and updated the kitchen.
We thought we could continue to have our two young girls share a room as they did in
our old house. Because of progressive emotional and behavioral issues with one daughter,
this is impossible.
• We looked into build a room upstairs, but it would have compromised the existing
structure and was out of our price range.
Our altemative is a glass sunroom with a sepazate heating and cooling unit so it can be
used for most of the year. This wiil allow us to shuffle around (our bedroom will be
downstairs) and give the giris their own rooms.
Our neighbors have been shown the plans and picture of the design we chose and are very
encouraging of the sun room addition.
Given the improvements we haue already done to the house, we want to stay there. It
would be financially unfeasible to move at this point.
We like our neighbors and the local grade school. With proof of our neighbor's support
and the other information we are providing you, we hope you will find in favor of this
variance.
Sincerely,
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• John an ey one
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#1) This is the view of our house, and beyond, from our neighbor's, two houses to the
north. I marked where the room would extend out from our house with a white line, as
&om that perspective you cannot see the stake I put to mazk the outside wall of the sun
room.
#2) This is fne vi ew of our house, and beyond, from our neighbor's, one house to the
north. I, again, mazked where the room would extend out finm the house with a white
line, because from their house, you also cannot see where the outside wall of the sun
room would be.
#3) This is our current, non-warkable sleeping arrangemenfs far the girls.
#4) This is a view from our back yazd of the recent, 21 foot addition, put on by our
neighbors to the north. The backs of our houses used to 2ine up, also. 4Vhite we were not
asked, we would not have objeeted to the addition as it was an unprovement to the
property and, therefore, our neighborhood.
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Karen Woodward
73a Mt. Curve Bivd
St. Paul, MN 55116
August 3, 2006
We live two houses to the north of the Malones. We understand they want to add
a sun room on to their house that wiil extend '!4 feet out from the existing
structure. We do not object to this addition as it is proposed in the builder's
(Temo Sun Rooms) pian.
Sincerely,
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John and Tara Henderson
736 Mt. Curve Blvd.
St. Paul MN 55116
August 8, 2006
We live in the house directly north of the Malones. We understand they want to
add a sun room on to their house that will extend 14 feet out from the existing
structure. We do not object to this addition as it is proposed in the builder's
(Temo Sun Rooms) plan.
Sincerely,
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Jay A. Hunter
746 Mount Curve Blvd,
St. Paut, MN 55116
Rosemarie Hunter
748 Maunt Curve Blvd.
St. Paul, MN 55116
To Whom It May Concern:
We live in the duplex sotrth of the Malone residence. We
understand that they wish to add a sun room on to their house
that will extend 14 feet out from their existing structure. We have
no objections to this addition as it is proposed in the builder's
(Temo Sun Rooms) plan.
Sincerely,
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�ay A. Hunter
/�n.Sfl1�CCF"t.�� �d�{/1��
Rosemarie Hunter
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Park Nicollet
August 4, 2006
To Whom It May Concern:
Park Nicollet Clinic—BUmsville
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At the request of Mrs. Audrey Malone, who lives at 742 Mt. Ctuve Blvd in St. Paul,
Minnesota, I am forwarding the following information. Because of clinicai issnes re]ated
to her two young ciuldren, those two children should not shaze a bedroom with each
other. It is hoped tlus information helps verify that mental health reasons exit for
appmviag the zoniug/permit that the family is applying for so an additional bedroom can
be added to their e�sting home.
M� � - ���
ichelle A. Broru e S, NCC, LP, PhD
Licensed Psychologist
Pazk Nicollet Mental Health
14Q00 Burnsville, MN 55337
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Aark Nirollet Healrh Services ' Park NicolMx Clinic � Aark Nicdlet Foundarion � Park Niwllet Insdmre - Metuadisc Hospital
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BOARD OF ZONING APPEALS STAFF REPORT
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TYPE OF APPLICATION: Minor Variance FILE #06-108183
APPLICANT:
HEARING DATE:
LOCATION:
Tom Baker, contractor, for owners John and Audrey Malone
July 31, 2006
742 MOUNT CURVE BOULEVARD
LEGAL DESCRIPTION: SAINT CATHERINE PARK LOT 17 BLK 3
PLANNING DISTRICT: 15
PRESENT ZONING: RM2 ZONiNG CODE REFERENCE: 66.231
REEORT DATE:
DEADLINE FOR ACTION:
Ju1y 19, 2006
AugusC 20, 2006
BY: John Hazdwick
DATE RECEIVED: 3uly 11, 2406
� A. PURPOSE: A variance of the front yard setback in order to add a screen porch to an
existing single-family dwelling. A 32-foot front yasd setback is required,l9'-6 ° is proposed
for a vaziance of 12'-6".
B. SITE A1�D AREA CONDITIONS: This is a 50 by 150-foot lot with alley access at the
rear.
Surrounding Land Use: Piimarily single-family homes.
C. BACKGROUND: The homeowners would like to add a front porch addition to the house.
D. FINDINGS:
1. The properiy in question can be put to a reasonable use under the strict provisions of the
code.
•
The homeownexs would like to build a front poxch addition to the house. The applicant
stafes that there is no other place to locate a porch addition, although he has not submitted
any floar plans or offered any explanation for this statement. The average front setback of
the homes on this block is 32 feet. Applying the provisions of section 66.231(g) would
reduce the required front setback to 28.5 feet. Applying the provisions of section �
63.105(d) which allows an open porch to e�end 6 feet into a required front setback, i
Page 1 of 3
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File #06-108183
Staff Report
would atlow the construction of a 9 foot parch addition without the need for variances.
The applicant states tha# the homeowner is concerned about West Nile virus which is
transmitted by mosquitoes and therefore wants the porch enclosed. A nine foot porch
addition, even if enclosed, would be a reasonable amenity for this house but the proposed
13-foot porch would e�end too far into the front yacd,
2. The plight of the Zand owneY is due to circumstances unique tQ this property, and these
circumstances were not created by the land owner.
This house was built in 1954. The location of the house on the site, as well as the room
arraugement within the house, limit the options for adding a porch. These ue
circumstances that were not created by the cuttent properly owners.
3. The proposed variance is not in keeping with the spirit and intent of the code, and is not
consistent with the health, safety, comfort, morals and welfare of the inhabitants of the
City of St. Paud.
•
The proposed porch, extending 13 feet in front of the house would not be in keeping with
the adjacent homes that aze both setback about 32 feet from the £ront property line. An �
addition o£this size would interfere with the front view of the adjacent homes and skew
the average front setback of the block. 'I'he proposed variance is not in keeping with the
spirit and intet�t of the code.
4. The proposed variance wi11 not impair an adequate supply of light and air to adjacent
property, but �vould adter the essentdad character of the szerrounding area and may
unreasonably diminish established property values within the surrounding area.
The proposed porch would maintain the same side setback as the e�sting house. The
single-story addition would not significanfly affect the supply of light or air to adjacent
properties.
Four out of the five homes on this block have essentiallq the same front setback.
Pinjecting an addition to ttris house 13 feet closer to tiie street would change the character
of the neighborhood and could have an adverse impact on surrounding properties.
5. The variance, if granted, would not permit c�ay use that is not permitted under the
provisions of the code for the properdy in the district where the affected land is located,
nor would it alter or change the zoning district classifzcation of the property.
The requested variance, if granted, would not change ox alter the zoning classificafion of
the properiy. G •
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Page2 of3
V�''��I "V� `
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File #06-108183
Staff Report
6. The request for variance is not based primariZy on a desire to increase the value or
income potential of the pareel of land.
E. DISTRICT CQUNCIL RECOMNIENDATION: As of the date of this report, we have not
received a recommendation from District 15.
F. CORRESPONDENCE: Staff has not xeceived anq conespondence regazding this matter.
G. STAFT RECOMII�NDATION: Based on findings 1, 3 and 4, staff recommends denial of
the vatiance.
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Page 3 of 3
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APPLICATION FOR ZONING VARIANCE
OFFICE OF LICENSE, INSPECTIONS, �iND
ENVIRONMENT.AL PROTBCTION
8 Fourth Street East, Suite 200
SaintPaul, iYlNSS101
65I-266-9008
APFLICANT
Name � d •--• (� f� 7 �'� � Company ( �M o � v,.7 �4oO�s d � /b
Address l�C c�.S �(, o at ^t � f-
City ���L���g Stafe��Zip5Slo7 OaytimePhoneCDSi - �
Property interest of applicant (owner, contract purchaser, etc.) f' o h� � �(it. c,
Name of owner (it different) oJ � 1'4 nl M�4 Z 6�/ �
PROPERTY I Address/Location `1 � � M �� xT C U�� iE 1'-5 L�+�
t,egai description
(aftach additional sheet if necessary)
Lotsize �SV �� /�� Present Zoning��eptUse ���
Proposed Use 3 5� h 5 o M � 0 9L e N
Variance[s] requested:
Supporting Information: Supply the necessary information that is applicable to your variance request, provide
details regarding the project, explain why a variance is needed. Duplex/triplex conversions may require a pro forma
to be submitted. Attach additional sheets if necessary.
��,2 6'FbM�oww��zrCS wavin t�K¢ ;o tfnvz vs� oP t, Port�rf.
�tLe'rsR, i �ku. �acrs: t�crvS�. iS $h+�n��� /+roO { }9e2� tS' N�
aT�EiEA �-+9cn ��onr o.a T�t�t !}ou6� T6 i�j7J��-a !k �Postctf� l It2
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Attachmenis as required:
Sife P(an AHachments
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SUNRAY-BATTLECREEK-HIGHWQOD
HAZEL PARK fTADEN-PROSPERITY HILLCREST
WEST SIDE
' DAYTON'S BLUFP
PAYNE-PEIALEN
NORTH END
THOMAS-DALE
SiIMMIT-[JrtIVERSIT'Y
WEST $EVEN7'IT
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MERRIAM P.ARK LEXINGTON HAMLINE-SNELLING HAMLINE
MACALESTER GROVEI.AND
HIGHLAND
SUMMTT HILL
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CITY OF SAINT PAUL
BOARD OF ZONING APPEALS RESOLUTION
ZONING FILE NUMSER: 06-108183
DATE: August 14, 2006
WFIEREAS, Tom Baker for owners John & Audrey Malone has appfied for a variance from the
sirict applica�ion of the grovisions of Sec�on 66.231 of the Saint Pau1 L,egisiative Code
perfaining to the miniinum requised front yard setback in order to add a scxeen porch to an
existing single-family dwelling in the RM2 zoning district at 742 Mount Curve Boulevazd; and
WI�REAS, the Saint Paul Board of Zoning Appeais conducted a public hearing on August 14,
2006 pursuant to said application in accordance with the requirements of Section 64203 of the
Legislative Code; and
WI�REAS, the Saint Paul Boazd of Zoning Appeals based upon evidence presented at the
public hearing, as substantially reflected in the minutes, made the following findings of fact:
1. The property in question can be put to a reasonable use under the strict provisions of the
code.
The homeowners would like to build a front porch addition to the house. The appiicant states
that there is no other place to locate a porch addition, although he has not submitted any floor
plans or offered anq explanation for this statement. The average front setback of the homes
on this block is 32 feet. Applying the provisions of section 66.231(g) would reduce the
required front setback to 28.5 feet. Applying the provisions of section 63.105(d) which
allows an open porch to extend 6 feet into a required front setback, would allow the
consiruction of a 9 foot porch addition without the need for variances. The applicant states
that the homeowner is concerned about West Nile virus which is transnutted by mosquitoes
and therefore wants the porch enclosed. A nine foot porch addition, even if enclosed, would
be a reasonable amenity for this house but the proposed 13-foot parch would eatend too far
into the front yazd.
2. The plight of the Zand owner is due to circumstances unique to this property, ancl these
circumstances were not created by the land owner.
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This house was built in 1954. The locafion of the house on the site, as well as the room
arrangement within the house, limit the opfions for adding a potch. These are cucumstances
that were not created by the current property owners.
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3. The proposed variance is not in keeping with the spirit and intent of the code, and is not
consistent with the health, safety, comfort, morals and welfare of the inhabitants of the City
of St. Paul.
Page I of 3
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File #06-108183
Resoluflon
The proposed porch, extending 13 feet in front of the house would not be in keeping with the
adjacent homes that are both setback about 32 feet from the front property 1ine. An addifion
of this size would interfere with the front view of the adjacent homes and skew the average
front setback of the block. The proposed variance is not in keeping with the spirit and intent
of the code.
4. The proposed variance will not impazr an adequate supply of Zight and air to adjacent
property, but would alter the essential char¢eter of the surrounding area and may
unreasonably diminish established propet-ty values within the surrounding area.
The proposed porch would maintain the same side setback as the eacist3ng house. The sing]e-
story addifion would not significantly affect the supply of light or air to adjacent properties.
Four out of the five homes on this block have essentially the sazne front setback. Projecting
an addition to tlus house 13 feet closer to the street would change the character of the
neighborhood and could have an adverse impact on surrounding properties.
.
5. The variance, ifgranted, would not permit arry use that is not permitted under the provisions
of the code for the property in the dastt�ict where the affected land is locatec� nor would it
alter or change the zoning district classification of the property. .
The xequested variance, if granted, would not change or alter the zoning classification of the
property.
6. The request for variance is not based primarily on a desire to incsease the value or income
potential of the parcel of land.
NOW, T'f�REFORE, BE TT ItESOLVED, by tlte Saint Paul Boazd of Zoning Appeals that the
request to waive fhe provisions of Section 66.231 to allow a&ont yard setback of 19 feet-6
inches, in order to add a screen porch to the existing single-family dwelling on property located
at 742 Mount Curve Boulevazd; and legally described as Saint Catherine Park Lot 17 Bllc 3; in
accordance with the application for variance and the site ptan on file with the Zoning
Admnvstrator.
I,S HEREBYDEIVIED.
MOVED L'Y: Bo
SECONDED BY Linden
IN FAVOR: a
AGAINST: s
Page 2 oF3 ��// �
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File #06-108183
Resolution
MAiT ED: August 15, 2006
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TI1�yIE LIlVII't': No decision of the zoning or planning administrator, planning commission,
board of zoning appeals or city councii approving a site plan, permit,
variance, or other zoning approval sLall be valid for a period longer than two
(2) years, unless a building permit is abtained within such period and the
erection or alteration of a building is proceeding under the terms of the
decision, or the use is established within such period by actual operation
pursuant to the applicable conditions and reqnirements of the approval,
unless the zoning or planning adwinistrator grants an eztension not to exceed
one (1) year.
APPEAL: Decisions of the Board of Zoning Appeals are fnal subject to appeal to the
City Council within 10 days by anyone affected by the decision. Building
permits shall not be issued after an appeal has beea t"iled. If permits have
been issned before an appeal has been filed, then the permits are snspended
and construction shall cease until the City Council has made a final
determination of the appeal.
CERTIFICATION: I, the undersigned Secretary to the Board of Zoning Appeals for the City of
5aint Paul, MinnesoYa, do hereby certify that I have compared the foregoing
copy with the original record in my office; and find the same to be a true and
correct copy of said original and of the whole tLereof, as based on approved
minutes of the Saint Paul Board of Zoning Appeals meeting held on August
14, 2006 and on record in the Office of License Inspection and Environmental
Protection, 8 Fonrth St E, Saint Paul, Minnesota.
S T PAUL BOARD OF ZONING APPEALS
��2� �_
Debbie Crippen
Secretary to the Board
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July 28, 2006
John Hardwick
City of St. Paul
8 Fourth St., Suite 200
St, Paul, MN. SSI01
RE: File #06-168183, 742 Mount Cutve Blvd.
Dear Mr. Hazdwick:
We aze in receipt of the Stafif Report pertaining fo the variance xequest for the above
referenced property, the hearing which zs scheduled for Monday, Juiy 31
I��ould l"�lce to draw your attention to the fact tUat tfie report states that our vaziance
requesf is for a"scxeen porch," which is not exact]y accurate. Our applicatiozi which was
submitted bp our groject manager, Tom Baker, mistakenIy stated �ve were requesting
permission £or a three season porch, whea in fact we are requesting a variance for a 3 j/:
season suxuooui. The homeowners are in dyer need of addifional living space and are
1'vnited bp the cunent design of the house.
The StaffReport states tttat' no supporting informationwas submitted to support the
applicants claim that there is no oil2er piace to locate a porch/ sunroom addition: ' I have
enclosed the sife pLan tve had submitte.d �vith the applicafion whicb shows expansion is
cleazly limited to the front of tha house. Tlie home is on a narrow lot and already
encroacf�es the 5' side set backs, and is atso limited iu the rear of the home by a pool.
The Staff Repoxt mentions the fact that "tkAe homeowners coutd apply the provisions of
section 66.231(g) to reduce the front setback to 28,5 feet and then apply the pro<<isions of
section 63.105(d) which allows a porch #o extend 6 feet into the required setback, and
would allow the consirucfion o£ a 4 foot porch without the need of variances." Based on
above apptica4'tons, we are reaIly onty asking for 4 feet of �aziance.
.
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� Additiona(ly, the Report references that "the addition of this size �ould inter£ere witEt the
front ��iew ofthe adjacent hornes". I would respectFuily submit that on the south szde o£
tlte applicant's home is an apartu2ent building that butts right up fo the sidewalk allowing
no front vie�u. VVhile I understand commercial buildiugs aze not subject to the same 32
, foot setback r¢les, the 19.5 foot remaining setback on the applicant's home (if the
vatiance would be granted) would sti11 far exceed what viewtheir neighbor's currentl}°
have with the existing apartment building.
I wauld also ask that you review the enclosed submission from the homeowners
regarding ihe i�ndings iha� would'oe considered in tnis variance application.
Thank you £or your assistance and consideration in this request and I again apologize foz
the mistake on oux original variance applicaCion, If you have any additional questions
please fi to call me at 651-259-4306. T'll see you at Nlonday's meeting.
� cerely,
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Robert , 4aietta
Pzesiden
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1. The property cannot be put to a reasonable use under tfie strict provisions of the
� code.
YYe expected to actd an to oUx house as ov�t� girls got otder, so Ghey co2�ld have
their otivn rooms. YYe wanted to add on a paYtial seconcl story. Y3'e have learnec�
[hovgls the Layout of our rambter zs not conducive to a seeond stoty. The existi�g
siructure would be dirrtinishecl and the cost would be proltibitive. We have close
neighbars on eitker side of us and a pool in aur back yard that prnhibits us frorlx
bun�prng out on those three sides. A sunroom on lhe front of the house would
eli;,zi�ate the reed fo our farrrly roorz rn the basensent and ulloiv us to use that as
a master bedroom, thus freeing up a naain floor bedroom for one ofthe girls.
2_ Our plight is due to circumstances unique to our property, and these
circumstances were not created by us.
The existing tayout of thz home, as we bought it, does not allaw for an upstairs
addittan_ The Zot is narrow in carreparison to ths house, Ieaving no roorrt on either
side to add on.
3. The proposed variance is in keeping with the spirit and intettt of tbe code, and is
consistent with the health, safety, comfort, mozals and walfare of fhe inhabitants
of the City o£ St. Paul.
• Sz�n rooms are cr common addition/enhancervrent in our area. YY'e taured several
thaf were constpzteced by Temo crnd found therrt ta be attr ancl well coor-
dinated ivith the existing structures. The &alance of the suru-ootn tvill be gluss,
giving it a"porch " effect. d3 e belzeve this will not have the same effect (in
relationship to the set-backfroni the sCreet) as a traditional room. The sunYOOm
wzll be on the end of the house Ihat is bordered by a two story triplex. Our house
will still be smalfer in relationship to o�sr neighbor�'s.
4. The proposed variance will not impair an adequate supplp of light and air to the
adjacent gcoperty. Not will it alfer the essential charncter of the surrounding area
or unreasonabty diminish established property vatues within the surrounding
azeas.
We al! faee west so the rreajority of our diglzt comes in our fYOnt winc7otivs. Dur
houses currentdy kaye a similar set-backfrom the stree# so the sesnroonx tividl not
ckange air flow to ouY neighbors on that end ofthe hause.
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Our roanl tvi111save little effect orz ouf' neigkbors on the othee side. It will
minimally affect t72eir vieiv of the aparttnent building across the street. �
Whi1e our intent is nor of �atue addea,' ive hope ihat the suraroorn, alongwith the
ftagsfosse palio arrd landscaping we plan to do, wi£l greatly itnpprove l�ee "street
appeal" of our home,
5. The variance, if granted, �vould not permit any use that is not pexmitted nnder the
provisions of fhe code for owc property ia our district, nor will it alter or changer
fhe zoaing disfzicY ciassification of u,e pro��
It will renzain a singZe family hame x�ith the sa»ze use and classifrcatian.
6. The request for the variance is not based prirnar9ly on a desite to inczease the
value or income potential of our land.
YT'e want to add an in order to enkanee tlze use of our honTe_
The above has been submifted by homeowner Audrey Malone.
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7ohn and Audrey Matone
742 Mt. Curve Blvd.
St. Paul, MN 55116
City o£ St. Paul
Board of Zoning Appeals
7ohn Hazdwick
8 Fourth St. E. Ste. 200
St. Paul MN 55101
August 9, 2006
We toured our house when it was for sale in January 2004 and fell in love with it because
it reminded us of the houses we grew up in. Also, the lot would ailow for a pool.
'The house needed major updates and renovarions, including windows, electrical,
foundation repair and water proofing. Additionally, we gutted aud updated the kitchen.
We thought we could continue to have our two young girls shaze a room as they did in
our old house. Because of progressive emotional and behavioral issues with one daughter,
this is nnpossible.
We looked into build a room upstairs, but it would have compromised the existing
structure and was out of our price range.
Our alternative is a glass sunroom with a separate heating and cooling unit so it can be
used for most of the yeaz. This will ailow us to shuffle azound (our bedroom will be
downstairs) and give the girls their own rooms.
Our neighbors have been shown the plans and picture of the design we chose and aze very
encoutaging of the sun room addition.
Given the 'vnpzovements we have already done to the house, we want to stay there. It
would be financially unfeasible to move at this point.
We like our neighbors and the local grade school. With proof of our neighbor's support
and the other infonmation we ue providing you, we hope you will find in fauor of this
variance.
Sincerely,
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• John an ey one 9' ✓� ��� v r�
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#1) This is the view of our house, and beyond, from our neighbor's, two houses to the
north. I mazked where the room wouid extettd out from our house with a white line, as
from that perspective you cannot see the stake I put to mark the outside wall af the sun
room.
#2) This is Lhe aie�✓ of cu: ho-�e, axzd beyond, from our neighbor's, one house to tfie
north. I, again, mazked where the room wouId extend aut from the house with a white
line, because from their house, you also cannot see where the oatside wall o£the sun
room would be.
#3) This is our cunenf, non-workable sleeping arrangements for the girls.
#4) This is a view from our back yard of the recent, Z 1 foot addition, put on by our
neighbors to the north. The backs of our houses used to line up, a1so. While we were not
asked, we wouid not have objected to the addition as it was an improvement to the
properiy and, therefore, our neighborhood.
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Karen Woodward
73Q Mt. Curoe Bivd
St. Paul, MN 55116
August 3, 2006
We live two houses to the norEh of the Malones. We understand they want to add
a sun room on to their house that will extend 14 feet out from the existing
structure. We dp not objeot to this addition as it is proposed in the builder's
(Temo Sun Rooms) plan.
Sincerely,
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John and Tara Henderson
736 Mt. Curve B(vd.
St Paul MN 55116
August 8, 2006
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We live in the house direcYly north of the Malones. We understand they want to
add a sun room on to their house that wili extend 14 feet out from the existing
structure. We do not objecf to this addition as it is proposed in the builder's
(Temo Sun Rooms) plan.
Sincereiy,
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August 7, 2006
Jay A. Elunter
746 Mount Curve Blvd.
St. Paul, N1iV 55i 16
Rosemarie Hunter
748 Mount Curve Blvd.
St. Paul, MN 55116
To Whom (t May Concern:
We five in the duptex south of the Malone residence. We
understand that they wish ta add a sun room on to their house
that �nriit extend 14 feet out from fheir exisfing structure. We have
no objections to this addition as it is praposed in the builder's
(Temo Sun Rooms} plan.
Sinc�rety,
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�"ay A. Hunter
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Rasemarie Hunter
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August4,2006
14000 Fairview Dr.
Bumsville, ,411i' S5337
952-443-870� cel
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To Whom It May Concem:
At tlze request of Mrs. Audrey Malone, who lives at 742 Mt Curve Blvd iu St. Paui,
Minnasota, I am forwazding the following information. Because of clinical issues related
to her two young cluldren, those two children shoutd not share a bedroom with each
other. It is hoped this inforination helps verify that mental heaith teasons exit far
appmving the zoning/permit that the family is applying for so an additional bedroom can
be added to their existing home.
Micha� Brouil e S, NCC, LP, PhD
Licensed Psychologist
Park Nicollet Mental Health
1400fl I3umsville, MN 55337
�ward-winnixg Care
R�rM Njcol(ec Clinic • Pack Nim!!et Fouadation � Park Nicollex Insu�ute � Mahodist Hospixat
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' 11+�TNLITES OF TI� 11�ETING 4F THL� BOt�RD OF ZONING APPEALS"
_",' CTLY COT3NCJL CE3AMBERS, 330 CITY I�AI,L •
� ST PAUt;, MINNESOTA, TULY 31, 2006
PRESENT_ Mmes. Bogen, Madda� Morton, and Poiter; Messrs. Faricy, Ward, and Wilson of the Board
of Zoning Appeals; Mr. VJarner, City Attomey; Mr. Hardwick and NIs. Crippen of the Office
ofI,icense, 7nspecfions, and Envitonmental Proteetion.
ABSENT: VincentCourEaey�`
��cused
The meeting was.chaixed by Joyce Maddox, Chair.
Tom Baker G#Q6-1081831 742 Mount Curve Boulevard : A variaxice of ihe &ont yard setback in order
to add a sereen porch to an e�ssting single-family dwelling. A 32-foot front yard setback is required, 19'-6"
is proposed for s variance of 12'-6".
Mr. Hazdwick sHowed slides of the site and reviewed the staff report with a recommandation for denial
based on findinga l, 3, and 4.
No conespondence was received opposing the variance request. However, one letter was receiued from
Temo Sunrooms responding ta the staff findings. '
No correspondence was received from I?istrict I S regarding the variance request.
Ms. Bogen guesrioned Mr. Hardrvick fhat fhe variance request was for a tbree season screen porch now it •
appears from their letters and pietures tha# it is acivally a three and a half season sunroom, which appears
to bave white wa11 panels and that kittd of thing. It sounds like they aze pntting a room on and she is
wondering if tfiere are different requiremeats for that as far as setbacks as opposed to a three season porch?
Mr. Hardwick sFated no, as Iong as the porch is enciosed, whether it is enelosed with screens or windows
we stiIl consider it the same. The only excepfion that the Code allows is for open porches. So open
unenclosed parches with a roof cau extend six feet into a required &ont setback.
Ms. Pnrter requested a clarification from Mr. Hardwick about finding #4 where the staff reporE sfates that
four out of five homes onthis block bave the same setback, are you referring to 13 feet? Mr. Hardwick
replied that ifthe Boazd looks on page 87 it shows adiagram of the block and you can see there that all of
the homes aze all litted up and fhis 13 foot addition wouid eatend 13 feet closer t�an all of the other homes
there.
The appIicant AUDREY NIALONE, '142 Mount Curve Boulevard, was present. With Tom Baker,1983
Sloan Place, owner of Temo Sunrooms. Ms. Maddox stated that the Boazd has not had a cl�ance to go
through the Iettet, so she requesEed that he go through the highlights of the fetter. Mr. Baker stated that fie
would like fb draw their attention to the fact tbat the report stated that the variance is for a screen porch.
Actually our appiication is for a three and a half season room in comp&ance wifh the Miuuesota Energy
Code, which would be Iivable space for the home ownexs. He requested that the fiomeowner be allowed to
share some information that she just hrought to light pesterdap, as somewhat of an eatenuating
circnmstance, at the end of his presentation. He apologized that there was a misunderstanding in the
application tha# it wouid be a three-and-a half season room but in the application it was mistaken as a
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File #Qb-1d8183
Mintrtes 3uty 31, 20Q6
Page Two
three season porcfi. Tke staff report stated that there was no supportiug infortnation submitted supporGing
the applicanYs claisn that there is no other plaoe to locate the porch addition. He continued that he
included a site plan wifh the application, whzch seems to have gotten last, that shows that fhe expansion is
clearly I"rmited to the front of the house. As stated the lot is a SO-foot lot and it only has a 5 foot setback on
eacfi side tiviuch we cannot encroach on. There is a pool to the rear of the house, so thexe is no where to go
in tha rear of the home. The staff report mentioned several opporhwities about the porch but agaitt this is a
enclosed parch it is not an open porch. Additionally thaze were references that the additional size would
interfere with tize adjacent homes. He respectfuily submitted that on the south side of the homes are both a
Szi-plex and an aparhnent 6uilding, one o£ which is 10 feet from the sidewalk and the other buts right up to
the sidewalk. On L1�e adjacent biock there are homes, fhere are no sidewalks that aze 22-feet fram the street
from the home owners 1ot line to the c�zrb is a little less than 13 feet. So there are abouf 45 feet from the
curb to the front of tha homes. Just np iu Yhe neat 61ock there are homes that aze 22-feet from the street that
haue no sidewalIts. There are homes that have sidewallcs tfiat aze 18-feet back from the sidewaik. There
are many homes in the adjacent block to the north that certainly are in the 19 plus f�at that we wou3d have
from tke front of fhe taom to tha front of the properiy line. The south side o£the homeowners house there
is a tsi-plex that is appro�mately t0.feet from the front of the housa aad there is another apartment
buiiding that buts right up to tha sidewallc The homeowners aze in dire need of ad@itional space and tbere
aze some extenuating circumstances. This would be livabte space. Tn contacting the homeowners rigbt
adjacenf to the properry they had no objecfions to this what so ever, Especiatly witfi the view they haue to
the south with the apartruent and trz-plex a8utting almost up to the sidewalk.
Ms. Malone stated that they purcbased this flouse two years ago and moved in &om Eagan. They had two
older giris who gradnated fsam Ivgh school and iwo younger girts and decided to downsize. We
anticipated shat our iwo younger grrls could share a room and otherwise the housa was a good setup for
living. In the last two yeacs we have realized that one of our chiidren had emorional6ehavioral challeno s
aud our daughters are not able to share a room. One has ta sleep in with us. We tltou�t we coutd build
up, but it would deshroy tha integrity of what we consider aur dining room and the ceiling in the living
mom, We 4vould also loose pazE of our living room space because tha stairway wouid have to come down
into it. We really love the area. One of our girls goes to the local school thera, we aze happy wzth our
neiglzbors we all get alang but we hava to have another bedroom. Wa cannot put one of the girls down
stairs so what we aze anticipating is we wi11 take the family room downstairs for our bedroom and we wil�
have the sun raom as the family room upstairs. Which wzil make fhis hoase livable for ns where it
eurrenfly is not.
Ms. Bogen questioned the distance from the back of the hoese to the back of the lot is abouY 90 feeE but
what is the distance to the pooi from the back of yonr house? Ms. Malane stated it zs probahly eight fe�
Ms. Bogen further questioned so this is not drawn to scale? Ms. Malone stated she d'zd not do the drau�
hawever, it is real close because we had a big dxainage pxoblem so when thay put fl�e pool in they
suggesfed putiing it close and putting the drainage field in-between and theu we have a sump pump
undemeath zt so it pushes the watex out to the street.
There was no opposifion piesent at the hearing.
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File #06-148183
Minutes 7u1y 31, 200b
Page Tfiree
Hearing no further testimony, NTs. Maddox closed the public portion af the meeting:
Ms. Bogen moved to deny the variance and resolutioa based on fzndings 1, 3 and 4.
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Mr. Faricy seconded the motion, wtuch failad on a roA call vofe of 3-4(Porfer, Ward, Faricy, Wilson).
Ms. Maddox requested a new motion insixucting the Boazd to staYe tbeir reasons for voting against the staff
recommendafion. "
Mr. Warner sta#ed that foz purposes of d'zscussion among the Commi.ssioners. The appflcation was for a
three-season porch. It appeazs to him that tUe requested use is now to build a futly functioning home unit
that will protrude quite a ways inta the front yard setback To gxan� that type of uaxiances he thinks that it
is necessary fo send out a new public notice. What they aze asking for here and what you would grant if
this motion were to come forward, #he neighboxhood is not getting a chance to come forward. Given that
the first motion failed, a betfer pazliamentary way to proceed here would be to lay the matter over, allow
the applicants to reapply with new notice to the tteighboxs that they want to build a fixlly functional addition
to their home and come back then and given the way fhe vote has come down here he tfiinks that maybe
nothing new will change in terms of the infozmation you receive_ But he thinks that on tfie off chance that
there is someone out fhere t6at might lika this, you realiy are denying fhem fhe opportunity to be heard on
this. So he would snggest for parIiamentary reasons the Board should proceed in that mauner.
Ms. Maddox questioned whether this would ba a complete zeew case or would it be a continuance? Mr.
Hardwick staf.ed that he thinks we do not need a whole new application. What we do need is a revised
appliration stating that as legat council gointed ou# that fhere is an e�ar on the ariginal. It is intendedto be
a room addition not jusE a seasoaal porch addition. We da not need to ha�e a wkoIe new application we
can continua this matter. He sYated tt�at he tluuks that we can gat by with a cont.inua#ion and we will send
out revised hearingnotices for the next hearing. Ms. Maddox questioned whether we wiU need an
extension. 1VIr. Hardwick stated he tUinks we will have time fo get the notices out foz the August 14,
meeting. Mr. I3ardwick ins[nicted the app&cant to contact him to discuss techxiicalifies.
� ' ���X,�-�✓
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ohn Hazdwick
Approved by:
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Glo ' gen, Secretaty
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. crr� cou�c�z. cr1AMS�xs, 3so crrY �r,�.
ST PAUL, MINNESOTA, AUGUST 14, 2006
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- Continued from 7-31-�6
PRESEN"P: Mmes. Bogezy Linden, Morton, and Porter; Messrs. Faricy, Wazd, and Wilson of the Board
of Zaning Apgeals; Mr. Warner, City Attorney; Mr. Hardwick and Ms. Crippen af the O�ce
of T.icensa, Inspecrions, and Environmental Protection.
ABSENT: Vincent Courtney� 7oyce Maddox'�
*Excused �
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The meeting was chaired by Gladys Morton, Co-Chair.
Tom Baker {#06-10$183�742 Mount Curve Iiou(evard : A variance of the front yacd setback in arder to
add a screen porch to an e�sting single-fa�nily dwelling. A 32-foot &ont yazd setback is required, 19'-6 " is proposed
foz a variance of 12'-6".
Mr. Hazdwick reviewed the case histosy with a recomznendation for denial.
Five letters were received supportin; the variauce request.
No correspondence was received from District 15 regarding the variance reqaest
Ms. Bogen moved to reopen the pubHc portion o£ the hearing for questions. Ms. Linden seconded the motion.
The applicant Bob Miata, Temo Sunrooms Of Minnesota - 1983 Sloan Place, was pzesen� Mr. Miata{sp?} sfated that
when he inirialty met with the home owners and talked about the possibility of whether there may or may not be a
setback. Mount Cuxve Raad is a strange road, because the £urther you go north on Mount Curve tha fiuther back fhe
setbacks get on tke homes, as the homes get much bigger, there aze of course significant setbacks. As you go sonth on
Mount Curve closing ia on Ford Pazkway t1z'e sethacks get significandy smalier, As he sfated during the lasf hearing
setbacks in flie immediate neighborhood are 25 £eet, less than two blocks down they are as low as 14 Feet, I% feet from
the street, The Malone's house is 32.5 feet from the sidewaUc and whaz we are asking £or is to came out with a 13-foot
room to gi�e them the necessary living space. In Ius initiai visit with the homeawuars he £elt that so many of the homes
were encroached toward fhe front lot Iine. He suggested that they just submit this and did not get into detaiI with soma
of tfie oNter extenuating circumstances. $e felt tbat they could just documant that ifiere axe rigfit across the sfreet, on
the same side of the sheet there aze commezcial buitdings that eneroach xight up to tfia side walk that are in essence j»_
tluee buildings away &om them. It is somewhat unusuai on this end of the street it is not as much of an eneroachment
onto the front lot line as it would be certainly if y6u went much fiuther on MY. Cmve. He requested that the
homeovmers shaze some circumstances as it relates to this as well.
Ms. Malone, 1983 Sloau Ptace, stated that they met with the project manager for twenty minutes reviewing plans an�
he had no idea why we wanted this room So atthough he fhougfit ha was helping us out by filliug out this applicati�
but it wasn't correct. She has documented fhat they need to expand their home because they need aaother bedroom
We did not know that we were going to need tfiat orher bedroom, bnt with'nf the space we kaue, our two cfiitdren c�
live. filus room would not provide a bedroom £ur us, but it woutd free up amothec axea of the house that we can th�
ase as a bedroom. She included a picture ofthe style that they chose and they coatracted £or this on July G, and th
have noY changed anything on the applicafion tUat they did not fill out and she apalogized that the appfication wa
wrong. Tt is prefab so we already lmow �hat it is goittg to look like and tiiere is not a lot of c2�ance that ie wili no�
out looldng nice. Ms. Matone stated that she took the pictures to accompany the letters suhmitted from ffieir nei�
on either side of tkeir hame, because they da not see our
File #Ob-148I83
Minutes August 14, 2006 �
AA-.ADA-$EO Emptoyer
Fite #�6-zaszs3
Miautes August 14, 2006
Page Two
They cannot see aur &ont yard uniess they are out on the sidewalk and of course fhey ase nof going to have an
objecfion to it. Ms. Malone stated that she also included a pictuce o£an addition fhaE the neighbors immediately to the
north of us just puE on their house. That was 21 feet talk about blocking a view we do not have a view any mare from
our backyazd. But we were not asked and we would not have said a¢ything because they �yere impraviug their houce
they needed tfie space fhey aze fiaving a baby. 4Ve as a neighborhood are changiug and growing and this is a pazt of the
evolution oP it Nfs. Malone stafed she has a reat hard time tzyin� to understand why is iY such a big issue. She never
expected fhat she woutd l�ave to share her personat life in ordet to get a vaziance for a sun roosa. Lut this is very
important to them She requested t6at the Boud approve their request.
John Maiane, 742 Mt. Curve Blvd, srated that he can understaud probably the Boazds' concern about the zoom on the
&ont of the house and it does not have a negative or adverse effect on the neighborhood. It wouid be just i�e opposite
it will increase the attractiveness of tha neighbarhood. Our black definitely needs it Our boulevazd consists of saub
trees and we are Uying to improve that. When we moved into ow house a little over tbree years ago and the thousands
and thousands of dollazs we have put into aur liouse to bring it up tn code. VJe have done everything &st alass and
that is ffie only way we do things. Especiallp for Hi�xland Fark and the City of Saiut Paui. 'Fhe picline of the room in
the packet is what tfie room is going to loolc l�e. It will do nothmg but improve our neighborhood and he has not
heard any opposision from anybody in fhe neigh6orhood
Ms. Linden qnestioned that Mr. Malone stated in the paper work, that they needed a bedroom, is this sun xoam going ta
be used as the bedroom? Mr. Malone responded no, the sun room is not going to be the 6edroam hut it will free up
room in the house to improve another room as a bedroom, because we have to split up om� chiIdren. Ms. L'aiden
fiuther questioned Mr. Malone aze you still plaw3ing on doing a bedroom downstairs then? Ms. Malone st�ted tbat
they fiave a family roam downsfaus that will become tlieir bed room. The sun raom will be ihe tamily room because it
has separafe flearing and cooiing sow�ce so we can use 7t pretty much year rotmd. Ms. Linden fiuther questioned and
you �vill baue an exit for the bedroom? l�ce an egress window7 Ms. Malone replied yes.
Ms. Bogen quesrioned tUat the simcoom will be an the right fiand side of the house as iooking at it? Ms. Malone
replied yes. Ms. Sogen fi�ther questioned what the entrance to the sun room would be? Is it going to open? or is it
going to 6e a foyer ar doors? Mr: Malone seplied it will be a 32 inch door ha believes. Ms. Bogen questianed where
tfiat would lead into? Ms. Maiane replied fhat is out iato the yazd and flien we are putting in French doors in going
&om the sun room to the main house. Ms. Bogen further quesrioned what wiIl those French doors lead inta? Ms.
Malone replied into tfie dinnin� room, we are moving the d'ming room around so the o1d dining room will be the
bedraom aud ouz hedroom will be the d'mmg room because you have to walk throu� there so you caz�nat use iY as a
bedroom any more. Ms. Bogen questioned you aze reananging the enfire inside of the house? Ms. Malone replied yes.
Ms. Bogen sYatect that the size of the family raom is about 23 by 16-feet give or taka nooks and arannies in there anfl
the size of the sun room you want to put on is 13 by 14feet7 She questioned whether they had considered puttang the
third bedroom in the basement and having a family ruom tttat is bigger tban 12 by 14-fcet and it is four seasons. Ms.
Malone questioned downstaits, you mean makmg a family room and a bedroom down t�ere? Ms. Bagen responded
well you haue 23 by 16 down Y¢ere? N7s. Malone stated that it would have m be a bedroom for us and it wouldhave ta
be a pretty small bedroom Ms, Sogen stated IO by 16 is bigger than any bedroom you f�a�e in there so far. Ms
Matone replied you are taUcing about dividing up the e�sting space? Ms. Bogen repHed yes, you can do a 13 by 16
famity room and a 10 by 16-foot bedroom that would be a poss�bility. Mr. Malone stated those aze the dimensions but
there aze thiu�s that are inside tfiat room downstairs, it is not just one big room, Ghere is the sewer pipe coming dowq
they ase enclosed and it juts out. There is a separate wa11 where tha beam runs tiuough fhat we made that a sepatafe
wall so we have an isle way, so it is not a true large room. Ms. Bogen commented that slie sees the isle way here. Mr.
Miata stated that from tha ftoor of the basemenE to the tcrp ofthe joisfs is about 6 fuot 10 inches so he t�intss that tfie
code now requixes tLai
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any new room has to 0e a miuimum 7 feet high, it is oniy 6 feet-16 inches and if you wexe to put in any kind of a drop
ceiling in, and to add to the aesthetzcs instead o£open pipes and old joists in tfiis bedroom, you would have to put in a
dropped ceiling and that would bring it down to Iess than six and a half feet. RighT now he does not think it can be
considexed a legat room dovm these wit6out being a minimum heiglzt of 7 feet Noting that he would defes that to Mr.
Hazdwick or a Building Tnspector.
Ms. Bogen quesfioned so if you cannot put a Iegal room dawv there because the ceiling is going to be Yao short, hotv
do you intend to put a bedroom down there? She finds it hacd to 6efleve what thei� plans are. Ms. Matone stated tfiat
if we as the owners choase to put our bed'ux the basement she does not t6m1c tbere is auy code that says they cannot do
that, is ffiere? Ms. Rogen repfied t6at there would be building codes. Mr. Ma2oue stal�d that is something that we will
have to cross when wa get theze. Ms. Bogen sfated that it'seems to her, atthough sha may be wrong, i4 seems 4o her fhat
you aze going to tmn the d'ming room into a bedroom and keep the sun xoom off of the master bedroom. Ms, Malone
stated tfiat she does not understand why Ms, Bae n thinks diey would misrepresent themselves. Ms. Bogen sta�d h4at
the pzevious heaxing sfie had asked kow far fhe pool was from the house and you said about 4-feet Ms. Mzlone sfaeed
she said about 8 feet and it is actually 10 feet-2 inches. Ms. Bogen stated accocding to the dzawing you submitted it is
14 feet. Ms. Matome siated no, that sha had hun measure it when he �vas at the house because rhat was a point that Ms.
Eogen bzought up. It is 10 feet 2 inches. Ms. Bogen qusstioned fhat in fhe drawing provided it shows that there is a 10
foot sometbiug inch thing that goas to some steps or something? Ms. Malone repfied yes, they aze steps that go iufo the
poo(. Ms. Bogen stated that it shows tY�at the right side of the pool is 14 feet? Sha continued tt�at she was just curious
because it is 14 feeC it looks ]ike there is room to put sometving back there atso. Mr. MaIone stated na fhere is not
because there is a drain systemthat runs through the middie of the sidewallc ttiat cannot be intemipted. That is
preventing the water fxam going into the basement off the roof. Ms. Bogen thanked the appficant's fior answeriug her
quesiions.
Ms. Malone statad tbat they do vave someone who wauld litce ta speak in their Favor she questioned when would be a
good time for tke neighbor to come forward.
Ms. Susan Malone 745 Mt. C�uve Blvd, stated she lives directly across the steeet from the Malone's, she is not re2ated
to the applicants and is in favar of this project. They aze the sacond house on the south on their block and the faurtfi
house for tha north. One hous8 from their honse are the apaztment buildings in the eazly 700 block of Mt. G1uve and
they are built to the sidewalh and there aze two mu[fi unit apartrnents an that block and they aze at the sidewaIlc as Ear
setbacks. All fhe houses on her side of fhe street are all twenty-five feet &om the sidewalk to tke frant stoup. She
stated that the encroachment on their setback would not bofher her at all. Noting thaC she had just spent a Iot of mon
remodeling and renovating fler fiome, so 3f she were concerned about rhem adding a glassed ia thcee season poxch, s
gnaxantees tha# she would be the pexson complaining about ik She continued ffiat since Mr. Hardwick brought up fl
drainage issue all the homas an our block of Mt. Curve have sexious dxainage water pxobtems and that is the reason
when they purchased their hame and we pcu�hased ours the homes undeiTVent majoz stcuctival zena�afions to corre
that problem. So 6oth fhe Malones' and I have pnt major financiai investments into fhese homes to maka fhem
structurally sound because when they were pucchased they were structeuaiiysnsound. Ms. Malone stated that she
read the purpose and was under the impression that it was a 6-£aot encroachment. Ms. Morton e�cplained that the
variance is for 12 feet 6 inches. Ms. Malone stated that 12 feet is notfilng, as far as she is concemed in looking a
property.. A glass, metal, beam and woal addition offthe fromt she thinka would be lovely. They get the aftemo
thera on thelr side of the street
There was no opposirion present at the heazing,
Ms. Liuden quesHoned Mr. Hardcvick whether they Had to r�file for the egress window in arder ta do that hea
downstairs? Mr. Hazdwick rep&ed they would need to get a building pecmit to put that in. Tha4 would uot ne
auy additionat variances eo do tfiat.
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Mr. VTilson stated he is having a problem with the bedroom in the basement. Any bedraom requires an e�ess
window, (could not hear on tape}, Mr. Hazdcvick xeplied yes, there will he building code requirements that will need to
be met to establish a bedroom in a basement, any kind of a sleeping room dawn there. That would xequire building
permits and it woutd meet all the code requirements. NLs. Morton questioned but no vaziance would be required? Mr.
$ardwick replied rno variances wouid be requiied
Hearing no further tesirmony, Ms. Mortou closed the public portion o£tize meeting.
Mr. Wazd caIled fac the question. Ms. Morton stated she is waiting for a motion, the hearing has been cIosecL We
hava to fiave a mation before we can vote.
Ms. Bogen moved to deny+the variance and resoIurion based on findings 1, 3, and 4.
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Ms. Linden secanded the morion, which passad on a roll call vote of 4-3(WiLson, Ward, Porter).
S ' d by. Approved by.
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So Hazdwick Glor�' B�g n, Secretary �
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